Air Plan Approval; New Hampshire; Amendments to Motor Vehicle Inspection and Maintenance Program Regulation, 33232-33234 [2024-08928]
Download as PDF
33232
Federal Register / Vol. 89, No. 83 / Monday, April 29, 2024 / Rules and Regulations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard received no comments
from the Small Business Administration
on this rulemaking. The Coast Guard
certifies under 5 U.S.C. 605(b) that this
rule will not have a significant
economic impact on a substantial
number of small entities.
This regulatory change would not
affect any small entities, as the COTP
does not enforce the requirements for
the landside portion of the security
zone, and the waterside security zone
coordinates will remain unchanged.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
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D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132
(Federalism), if it has a substantial
direct effect on the States, on the
relationship between the National
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. We have analyzed
this rule under that Order and have
determined that it is consistent with the
fundamental federalism principles and
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preemption requirements described in
Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves
excising the 2000-yard inland portion
TAPS Terminal security zone. It is
categorically excluded from further
review under paragraph L60(b) of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051, 70124;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3.
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2. Revise § 165.1710 paragraph (a)(1)
to read as follows:
■
§ 165.1710 Port Valdez and Valdez
Narrows, Valdez, Alaska—security zones.
(a) * * *
(1) Trans-Alaska Pipeline (TAPS)
Valdez Terminal complex (Terminal),
Valdez, Alaska and TAPS tank vessels.
All waters enclosed within a line
beginning on the southern shoreline of
Port Valdez at 61°05′03.6″ N, 146°25′42″
W; thence northerly to yellow buoy at
61°06′00″ N, 146°25′42″ W; thence east
to the yellow buoy at 61°06′00″ N,
146°21′30″ W; thence south to 61°05′06″
N, 146°21′30″ W; thence west along the
shoreline to the beginning point.
*
*
*
*
*
Dated: April 23, 2024.
S.K. Rousseau,
Commander, U.S. Coast Guard, Captain of
the Port Prince William Sound.
[FR Doc. 2024–09103 Filed 4–26–24; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2024–0018; FRL–11714–
02–R1]
Air Plan Approval; New Hampshire;
Amendments to Motor Vehicle
Inspection and Maintenance Program
Regulation
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the State of New
Hampshire. This revision includes an
amended regulation for the Enhanced
Motor Vehicle Inspection and
Maintenance (I/M) program in New
Hampshire. Overall, the submittal
updates and clarifies the
implementation of the New Hampshire
I/M program. The intended effect of this
action is to approve the updated I/M
program regulation into the New
Hampshire SIP. This action is being
taken in accordance with the Clean Air
Act.
DATES: This rule is effective on May 29,
2024.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2024–0018. All documents in the docket
are listed on the https://
www.regulations.gov website. Although
SUMMARY:
E:\FR\FM\29APR1.SGM
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listed in the index, some information is
not publicly available, i.e., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available at https://
www.regulations.gov or at the U.S.
Environmental Protection Agency, EPA
Region 1 Regional Office, Air and
Radiation Division, 5 Post Office
Square—Suite 100, Boston, MA. EPA
requests that if at all possible, you
contact the contact listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding legal holidays and
facility closures due to COVID–19.
FOR FURTHER INFORMATION CONTACT: Ayla
Martinelli, Air Quality Branch, U.S.
Environmental Protection Agency, EPA
Region 1, 5 Post Office Square—Suite
100, (Mail code 5–MI), Boston, MA
02109–3912, tel. (617) 918–1057, email:
martinelli.ayla@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
Table of Contents
I. Background and Purpose
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
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I. Background and Purpose
On January 31, 2024 (89 FR 6082),
EPA published a Notice of Proposed
Rulemaking (NPRM) for the State of
New Hampshire. The NPRM proposed
approval of New Hampshire’s amended
regulation for the state’s Enhanced
Motor Vehicle Inspection and
Maintenance (I/M) program. The formal
SIP revision was submitted by New
Hampshire on September 22, 2022. The
rationale for EPA’s proposed action is
explained in the NPRM and will not be
restated here. No public comments were
received on the NPRM.
II. Final Action
EPA is approving New Hampshire’s
amended I/M regulation as a revision to
the New Hampshire SIP.
EPA is incorporating New
Hampshire’s I/M program regulation,
Saf–C 3200 ‘‘Official Motor Vehicle
Inspection Requirements,’’ by reference
into the New Hampshire SIP. New
Hampshire’s I/M program regulation
contains enforcement provisions that
detail state enforcement procedures,
including administrative, civil, and
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criminal penalties, and administrative
and judicial procedures. Such
enforcement-related provisions are
required elements of an I/M SIP under
40 CFR 61.364, and EPA is finalizing the
approval of the provisions as meeting
those requirements. However, EPA is
not finalizing the incorporation of those
provisions by reference into the EPAapproved federal regulations at 40 CFR
part 52. In any federal action to enforce
violations of the substantive
requirements of the New Hampshire I/
M program, the relevant provisions of
Section 113 or 304 of the CAA, rather
than state enforcement provisions
would govern. Similarly, the applicable
procedures in any federal action would
be the applicable federal court rules or
EPA’s rules for administrative
proceedings at 40 CFR part 22, rather
than state administrative procedures.
Since the state enforcement provisions
would not be applicable in a federal
action, incorporating these state-only
enforcement provisions into the federal
regulations would have no effect. To
avoid confusion to the public and
regulated parties, EPA is not
incorporating these provisions by
reference into the EPA-approved federal
regulations in the New Hampshire plan
identification in 40 CFR part 52.
Specifically, EPA is not incorporating
New Hampshire’s regulations Saf–C
3222.04(d) and Saf–C 3248 into the
federal regulations at 40 CFR 52.1520(c).
III. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of the New
Hampshire Department of Safety
Regulation Saf–C 3200 ‘‘Official Motor
Vehicle Inspection Requirements,’’
which updates and clarifies the
implementation of the New Hampshire
I/M program, with exceptions as
described in section II of this final rule.
The EPA has made, and will continue
to make, these documents generally
available through www.regulations.gov
and at the EPA Region 1 Office (please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of
this preamble for more information).
Therefore, these materials have been
approved by EPA for inclusion in the
State implementation plan, have been
incorporated by reference by EPA into
that plan, are fully federally enforceable
under sections 110 and 113 of the CAA
as of the effective date of the final
rulemaking of EPA’s approval, and will
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33233
be incorporated by reference in the next
update to the SIP compilation.1
IV. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001); and
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act.
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
1 62
E:\FR\FM\29APR1.SGM
FR 27968 (May 22, 1997).
29APR1
33234
Federal Register / Vol. 89, No. 83 / Monday, April 29, 2024 / Rules and Regulations
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
Executive Order 12898 (Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies
to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on minority populations
and low-income populations to the
greatest extent practicable and
permitted by law. EPA defines
environmental justice (EJ) as ‘‘the fair
treatment and meaningful involvement
of all people regardless of race, color,
national origin, or income with respect
to the development, implementation,
and enforcement of environmental laws,
regulations, and policies.’’ EPA further
defines the term fair treatment to mean
that ‘‘no group of people should bear a
disproportionate burden of
environmental harms and risks,
including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’
New Hampshire did not evaluate
environmental justice considerations as
part of its SIP submittal; the CAA and
applicable implementing regulations
neither prohibit nor require such an
evaluation. Due to the nature of the
action being taken here, this action is
expected to have a neutral to positive
impact on the air quality of the affected
area. EPA did not perform an EJ analysis
and did not consider EJ in this action.
Consideration of EJ is not required as
part of this action, and there is no
information in the record inconsistent
with the stated goal of E.O. 12898 of
achieving environmental justice for
people of color, low-income
populations, and Indigenous peoples.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by June 28, 2024.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed
and shall not postpone the effectiveness
of such rule or action. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: April 22, 2024.
David Cash,
Regional Administrator, EPA Region 1.
Part 52 of chapter I, title 40 of the
Code of Federal Regulations is amended
as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart EE—New Hampshire
2. In § 52.1520(c), the table in
paragraph (c) is amended by revising the
entry for ‘‘Saf–C 3200’’ to read as
follows:
■
§ 52.1520
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED NEW HAMPSHIRE REGULATIONS
State citation
Title/subject
*
Saf–C 3200 ................
*
Official Motor Vehicle
Inspection Requirements.
*
*
EPA approval date 1
State effective date
*
*
*
November 26, 2019 ... April 29, 2024 ............
[Insert Federal Register citation].
*
*
Explanations
*
*
Replaces the SIP-approved version of Saf–C
3200 in its entirety. Specifically, amends
Saf–C 3202, Saf–C 3203, Saf–C 3204,
Saf–C 3205, Saf–C 3206.04, Saf–C
3207.01, Saf–C 3209, Saf–C 3210.02, and
Saf–C 3222. Saf–C 3222.04(d) and section Saf–C 3248 are not being incorporated into the New Hampshire SIP.
*
*
*
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1 In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision.
[FR Doc. 2024–08928 Filed 4–26–24; 8:45 am]
BILLING CODE 6560–50–P
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29APR1
Agencies
[Federal Register Volume 89, Number 83 (Monday, April 29, 2024)]
[Rules and Regulations]
[Pages 33232-33234]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08928]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2024-0018; FRL-11714-02-R1]
Air Plan Approval; New Hampshire; Amendments to Motor Vehicle
Inspection and Maintenance Program Regulation
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of New
Hampshire. This revision includes an amended regulation for the
Enhanced Motor Vehicle Inspection and Maintenance (I/M) program in New
Hampshire. Overall, the submittal updates and clarifies the
implementation of the New Hampshire I/M program. The intended effect of
this action is to approve the updated I/M program regulation into the
New Hampshire SIP. This action is being taken in accordance with the
Clean Air Act.
DATES: This rule is effective on May 29, 2024.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2024-0018. All documents in the docket
are listed on the https://www.regulations.gov website. Although
[[Page 33233]]
listed in the index, some information is not publicly available, i.e.,
CBI or other information whose disclosure is restricted by statute.
Certain other material, such as copyrighted material, is not placed on
the internet and will be publicly available only in hard copy form.
Publicly available docket materials are available at https://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA
Region 1 Regional Office, Air and Radiation Division, 5 Post Office
Square--Suite 100, Boston, MA. EPA requests that if at all possible,
you contact the contact listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m.,
excluding legal holidays and facility closures due to COVID-19.
FOR FURTHER INFORMATION CONTACT: Ayla Martinelli, Air Quality Branch,
U.S. Environmental Protection Agency, EPA Region 1, 5 Post Office
Square--Suite 100, (Mail code 5-MI), Boston, MA 02109-3912, tel. (617)
918-1057, email: [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. Background and Purpose
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. Background and Purpose
On January 31, 2024 (89 FR 6082), EPA published a Notice of
Proposed Rulemaking (NPRM) for the State of New Hampshire. The NPRM
proposed approval of New Hampshire's amended regulation for the state's
Enhanced Motor Vehicle Inspection and Maintenance (I/M) program. The
formal SIP revision was submitted by New Hampshire on September 22,
2022. The rationale for EPA's proposed action is explained in the NPRM
and will not be restated here. No public comments were received on the
NPRM.
II. Final Action
EPA is approving New Hampshire's amended I/M regulation as a
revision to the New Hampshire SIP.
EPA is incorporating New Hampshire's I/M program regulation, Saf-C
3200 ``Official Motor Vehicle Inspection Requirements,'' by reference
into the New Hampshire SIP. New Hampshire's I/M program regulation
contains enforcement provisions that detail state enforcement
procedures, including administrative, civil, and criminal penalties,
and administrative and judicial procedures. Such enforcement-related
provisions are required elements of an I/M SIP under 40 CFR 61.364, and
EPA is finalizing the approval of the provisions as meeting those
requirements. However, EPA is not finalizing the incorporation of those
provisions by reference into the EPA-approved federal regulations at 40
CFR part 52. In any federal action to enforce violations of the
substantive requirements of the New Hampshire I/M program, the relevant
provisions of Section 113 or 304 of the CAA, rather than state
enforcement provisions would govern. Similarly, the applicable
procedures in any federal action would be the applicable federal court
rules or EPA's rules for administrative proceedings at 40 CFR part 22,
rather than state administrative procedures. Since the state
enforcement provisions would not be applicable in a federal action,
incorporating these state-only enforcement provisions into the federal
regulations would have no effect. To avoid confusion to the public and
regulated parties, EPA is not incorporating these provisions by
reference into the EPA-approved federal regulations in the New
Hampshire plan identification in 40 CFR part 52. Specifically, EPA is
not incorporating New Hampshire's regulations Saf-C 3222.04(d) and Saf-
C 3248 into the federal regulations at 40 CFR 52.1520(c).
III. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the New
Hampshire Department of Safety Regulation Saf-C 3200 ``Official Motor
Vehicle Inspection Requirements,'' which updates and clarifies the
implementation of the New Hampshire I/M program, with exceptions as
described in section II of this final rule. The EPA has made, and will
continue to make, these documents generally available through
www.regulations.gov and at the EPA Region 1 Office (please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information). Therefore, these materials have
been approved by EPA for inclusion in the State implementation plan,
have been incorporated by reference by EPA into that plan, are fully
federally enforceable under sections 110 and 113 of the CAA as of the
effective date of the final rulemaking of EPA's approval, and will be
incorporated by reference in the next update to the SIP compilation.\1\
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act.
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
[[Page 33234]]
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
New Hampshire did not evaluate environmental justice considerations
as part of its SIP submittal; the CAA and applicable implementing
regulations neither prohibit nor require such an evaluation. Due to the
nature of the action being taken here, this action is expected to have
a neutral to positive impact on the air quality of the affected area.
EPA did not perform an EJ analysis and did not consider EJ in this
action. Consideration of EJ is not required as part of this action, and
there is no information in the record inconsistent with the stated goal
of E.O. 12898 of achieving environmental justice for people of color,
low-income populations, and Indigenous peoples.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by June 28, 2024. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: April 22, 2024.
David Cash,
Regional Administrator, EPA Region 1.
Part 52 of chapter I, title 40 of the Code of Federal Regulations
is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart EE--New Hampshire
0
2. In Sec. 52.1520(c), the table in paragraph (c) is amended by
revising the entry for ``Saf-C 3200'' to read as follows:
Sec. 52.1520 Identification of plan.
* * * * *
(c) * * *
EPA-Approved New Hampshire Regulations
----------------------------------------------------------------------------------------------------------------
State effective EPA approval date
State citation Title/subject date \1\ Explanations
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Saf-C 3200..................... Official Motor November 26, 2019 April 29, 2024... Replaces the SIP-
Vehicle [Insert Federal approved version of
Inspection Register Saf-C 3200 in its
Requirements. citation]. entirety.
Specifically, amends
Saf-C 3202, Saf-C
3203, Saf-C 3204, Saf-
C 3205, Saf-C
3206.04, Saf-C
3207.01, Saf-C 3209,
Saf-C 3210.02, and
Saf-C 3222. Saf-C
3222.04(d) and
section Saf-C 3248
are not being
incorporated into the
New Hampshire SIP.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
Federal Register notice cited in this column for the particular provision.
[FR Doc. 2024-08928 Filed 4-26-24; 8:45 am]
BILLING CODE 6560-50-P