Federal Register / Vol. 63, No. 114 / Monday, June 15, 1998 /Rules and Regulations 32621

2See footnote 1 to § 234.3(a).

in internal offices must be approved by

the Department of Defense component

occupying the space. Photographs for

advertising or commercial purposes may

only be taken with the permission of the

Office of the Assistant to the Secretary

of Defense for Public Affairs.

§ 234.16 Gambling.

Gambling in any form, or the

operation of gambling devices, is

prohibited. This prohibition shall not

apply to the vending or exchange of

chances by licensed blind operators of

vending facilities for any lottery set

forth in a State law and authorized by

the provisions of the RandolphSheppard Act (20 U.S.C. 107, et seq.).

§ 234.17 Vehicles and traffic safety.

(a) In general. Unless specifically

addressed by regulations in this part,

traffic and the use of vehicles within the

Pentagon Reservation are governed by

State law. Violating a provision of State

law is prohibited.

(b) Open container of an alcoholic

beverage. (1) Each person within a

vehicle is responsible for complying

with the provisions of this section that

pertain to carrying an open container.

The operator of a vehicle is the person

responsible for complying with the

provisions of this section that pertain to

the storage of an open container.

(2) Carrying or storing a bottle, can, or

other receptacle containing an alcoholic

beverage that is open or has been

opened, or whose seal is broken, or the

contents of which have been partially

removed, within a vehicle on the

Pentagon Reservation is prohibited.

(3) This section does not apply to:

(i) An open container stored in the

trunk of a vehicle or, if a vehicle is not

equipped with a trunk, to an open

container stored in some other portion

of the vehicle designed for the storage

of luggage and not normally occupied

by or readily accessible to the operator

or passengers; or

(ii) An open container stored in the

living quarters of a motor home or

camper;

(4) For the purpose of paragraph

(a)(3)(i) of this section, a utility

compartment or glove compartment is

deemed to be readily accessible to the

operator and passengers of a vehicle.

(c) Operating under the influence of

alcohol, drugs, or controlled substances.

(1) Operating or being in actual physical

control of a vehicle is prohibited while:

(i) Under the influence of alcohol, a

drug or drugs, a controlled substance or

controlled substances, or any

combination thereof, to a degree that

renders the operator incapable of safe

operation; or

(ii) The alcohol concentration in the

operator’s blood or breath is 0.08 grams

of more of alcohol per 100 milliliters of

blood or 0.08 grams or more of alcohol

per 210 liters of breath. Provided,

however, that if State law that applies

to operating a vehicle while under the

influence of alcohol establishes more

restrictive limits of alcohol

concentration in the operator’s blood or

breath, those limits supersede the limits

specified in this paragraph.

(2) The provisions of paragraph (b)(1)

of this section shall also apply to an

operator who is or has been legally

entitled to use alcohol or another drug.

(3) Tests. (i) At the request or

direction of an authorized person who

has probable cause to believe that an

operator of a vehicle within the

Pentagon Reservation has violated a

provision of paragraph (b)(1) of this

section, the operator shall submit to one

or more tests of the blood, breath, saliva,

or urine for the purpose of determining

blood alcohol, drug, and controlled

substance content.

(ii) Refusal by an operator to submit

a test is prohibited and may result in

detention and citation by an authorized

person. Proof of refusal may be

admissible in any related judicial

proceeding.

(iii) Any test or tests for the presence

of alcohol, drugs, and controlled

substances shall be determined by and

administered at the direction of an

authorized person.

(iv) Any test shall be conducted by

using accepted scientific methods and

equipment of proven accuracy and

reliability operated by personnel

certified in its use.

(4) Presumptive levels. (i) The results

of chemical or other quantitative tests

are intended to supplement the

elements of probable cause used as the

basis for the arrest of an operator

charged with a violation of this section.

If the alcohol concentration in the

operator’s blood or breath at the time of

the testing is less than the alcohol

concentration specified in paragraph

(b)(1)(ii) of this section, this fact does

not give rise to any presumption that the

operator is or is not under the influence

of alcohol.

(ii) The provisions of paragraph

(b)(4)(i) of this section are not intended

to limit the introduction of any other

competent evidence bearing upon the

question of whether the operator, at the

time of the alleged violation, was under

the influence of alcohol, a drug or drugs,

or a controlled substance or controlled

substances, or any combination thereof.

§ 234.18 Enforcement of parking

regulations.

Parking regulations for the Pentagon

Reservation shall be enforced in

accordance with Department of Defense

Administrative Instruction Number 88 2

and State law; violating such provisions

is prohibited. A vehicle parked in any

location without authorization, or

parked contrary to the directions of

posted signs or markings, shall be

subject to removal at the owner’s risk

and expense, in addition to any

penalties imposed. The Department of

Defense assumes no responsibility for

the payment of any fees or costs related

to such removal which may be charged

to the owner of the vehicle by the

towing organization. This section may

be supplemented from time to time with

the approval of the Director,

Washington Headquarters Services, or

his designee, by the issuance and

posting of such parking directives as

may be required, and when so issued

and posted such directive shall have the

same force and effect as if made a part

hereof.

§ 234.19 Penalties and effect on other

laws.

(a) Whoever shall be found guilty of

willfully violating any rule or regulation

enumerated in this part is subject to the

penalties imposed by Federal law for

the commission of a Class B

misdemeanor offense.

(b) Whoever violates any rule or

regulation enumerated in this part is

liable to the United States for a civil

penalty of not more than $1,000.

(c) Nothing in this part shall be

construed to abrogate any other Federal

laws.

Dated: June 3, 1998.

L.M. Bynum,

Alternate OSD Federal Register Liaison

Officer, Department of Defense.

[FR Doc. 98–15189 Filed 6–12–98; 8:45 am]

BILLING CODE 5000–04–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[CA181–0069; FRL–6110–2]

Approval and Promulgation of

Implementation Plans; California State

Implementation Plan Revision, South

Coast Air Quality Management District

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.
32622 Federal Register / Vol. 63, No. 114 / Monday, June 15, 1998 /Rules and Regulations

1The State has recently changed the names and

boundaries of the air basins located within the

Southeast Desert Modified AQMA. Pursuant to

State regulation the Coachella-San Jacinto Planning

Area is now part of the Salton Sea Air Basin (17

Cal. Code. Reg. section 60114); the Victor Valley/

Barstow region in San Bernardino County and

Antelope Valley Region in Los Angeles County is

a part of the Mojave Desert Air Basin (17 Cal. Code.

Reg. section 60109). In addition, in 1996 the

California Legislature established a new local air

agency, the Antelope Valley Air Pollution Control

District, to have the responsibility for local air

pollution planning and measures in the Antelope

Valley Region (California Health & Safety Code

§ 40106).

SUMMARY: EPA is finalizing the approval

of revisions to the California State

Implementation Plan (SIP) proposed in

the Federal Register on November 8,

1996. The revisions concern rules from

the South Coast Air Quality

Management District. This approval

action will incorporate these rules into

the federally approved SIP. The

intended effect of approving these rules

is to regulate emissions of oxides of

nitrogen (NOX)and sulfur (SOX) in

accordance with the requirements of the

Clean Air Act, as amended in 1990

(CAA or the Act). The rules concern the

control of NOX and SOX emissions from

facilities in the South Coast Air Quality

Management District (SCAQMD) with

four or more tons of NOX or SOX

emissions per year from permitted

equipment. The subject facilities, in

order to meet annual emission reduction

requirements, will participate in an

economic incentive program (EIP) in

order to reduce emissions at a

significantly lower cost. Thus, EPA is

finalizing the approval of these

revisions into the California SIP under

provisions of the CAA regarding EPA

action on SIP submittals, SIPs for

national primary and secondary ambient

air quality standards and plan

requirements for nonattainment areas.

EFFECTIVE DATE: This action is effective

on July 15, 1998.

ADDRESSES: Copies of the rule revisions

and EPA’s evaluation report for each

rule are available for public inspection

at EPA’s Region IX office during normal

business hours. Copies of the submitted

rule revisions are available for

inspection at the following locations:

Rulemaking Office (AIR–4), Air

Division, U.S. Environmental

Protection Agency, Region 9, 75

Hawthorne Street, San Francisco, CA

94105

Environmental Protection Agency, Air

Docket (6102), 401 ‘‘M’’ Street, SW,

Washington, D.C. 20460 California Air Resources Board,

Stationary Source Division, Rule

Evaluation Section, 2020 ‘‘L’’ Street,

Sacramento, CA 95812

South Coast Air Quality Management

District, 21865 East Copley Drive,

Diamond Bar, CA 91765

FOR FURTHER INFORMATION CONTACT:

Andrew Steckel, Rulemaking Office

(AIR–4), Air Division, U.S.

Environmental Protection Agency,

Region 9, 75 Hawthorne Street, San

Francisco, CA 94105, Telephone: (415)

744–1185.

SUPPLEMENTARY INFORMATION:

I. Applicability

The rules being approved into the

California SIP include the following

rules from the South Coast Air Quality

Management District (SCAQMD): Rule

2000, ‘‘General’’; Rule 2001,

‘‘Applicability’’; Rule 2002,

‘‘Allocations for Oxides of Nitrogen

(NOX) and Oxides of Sulfur (SOX)

Emissions’’; Rule 2004, ‘‘Requirements’’;

Rule 2005 ‘‘New Source Review for

Reclaim’’; Rule 2006 ‘‘Permits’’; Rule

2007 ‘‘Trading Requirements’’; Rule

2011 ‘‘Requirements for Monitoring,

Reporting, and Recordkeeping for

Oxides of Sulfur (SOX) Emissions’’; Rule

2011—Appendix A, ‘‘Protocol for

Monitoring, Reporting, and

Recordkeeping for Oxides of Sulfur

(SOX) Emissions’’; Rule 2012

‘‘Requirements for Monitoring,

Reporting, and Recordkeeping for

Oxides of Nitrogen (NOX) Emissions’’;

Rule 2012—Appendix A, ‘‘Protocol for

Monitoring, Reporting, and

Recordkeeping for Oxides of Nitrogen

(NOX) Emissions’’ and Rule 2015

‘‘Backstop Provisions.’’ These rules

were submitted by the California Air

Resources Board (CARB) to EPA on

August 28, 1996. These rules were

adopted by the SCAQMD on December

7, 1995 (Rules 2000, 2001, 2002, 2004,

2006, 2007, 2011, 2012, and 2015) and

May 10, 1996 (Rule 2005). This Federal Register action for the

South Coast Air Quality Management

District excludes the Los Angeles

County portion of the Southeast Desert

Air Quality Management Area,

otherwise known as the Antelope Valley

Region in Los Angeles County, which is

now under the jurisdiction of the

Antelope Valley Air Pollution Control

District as of July 1, 1997. 1

II. Background

On November 8, 1996 in 61 FR 57834,

EPA proposed to approve the SCAQMD

rules listed in the applicability section

of this document. These rules are part

of the South Coast Air Quality

Management District’s Regulation

Twenty, the NOX and SOX Regional

Clean Air Incentives Market

(RECLAIM). Revisions to Regulation

Twenty were adopted by the South

Coast Air Quality Management District

to address all of the deficiencies which

EPA identified as necessary to be

addressed to fully approve the program.

These rules were adopted as part of

South Coast Air Quality Management

District’s efforts to achieve the National

Ambient Air Quality Standards

(NAAQS) for ozone and in response to

section 182(f) NOX RACT requirements

of the Clean Air Act (CAA). A detailed

discussion of the background for each of

the above rules and nonattainment areas

is provided in the Notice of Proposed

Rulemaking (NPRM) cited above.

EPA has evaluated the above rules for

consistency with the requirements of

the CAA and EPA regulations and EPA

interpretation of these requirements as

expressed in the various EPA policy

guidance documents referenced in the

NPRM cited above. EPA has found that

the rules meet the applicable EPA

requirements. A detailed discussion of

the rule provisions and evaluations has

been provided in the NPRM and in the

technical support document (TSD),

dated August, 1996, which is available

at EPA’s Region 9 office. This final

approval of the August 28, 1996

submittal supersedes the limited

disapproval of the March 21, 1994

submittal and removes the possibility of

sanctions associated with the final

limited approval/limited disapproval

published on November 8, 1996 (see 61

FR 57775). This final approval

permanently stops the sanction clock.

III. Response to Public Comments

A 30-day public comment period was

provided in 61 FR 57834. EPA received

no comments.

IV. EPA Action

EPA is finalizing this action to

approve the above rules for inclusion

into the California SIP. EPA is

approving the submittal under section

110(k)(3) as meeting the requirements of

section 110(a) and part D of the CAA.

This approval action will incorporate

these rules into the federally approved

SIP. The intended effect of approving

these rules is to regulate emissions of

NOX and SOX in accordance with the

requirements of the CAA.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

request for revision to any state

implementation plan. Each request for

revision to the state implementation

plan shall be considered separately in

light of specific technical, economic,

and environmental factors and in
Federal Register / Vol. 63, No. 114 / Monday, June 15, 1998 /Rules and Regulations 32623

relation to relevant statutory and

regulatory requirements.

V. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget

(OMB) has exempted this regulatory

action from E.O. 12866 review.

B. Regulatory Flexibility Act

Under the Regulatory Flexibility Act,

5 U.S.C. 600 et seq., EPA must prepare

a regulatory flexibility analysis

assessing the impact of any proposed or

final rule on small entities. 5 U.S.C. 603

and 604. Alternatively, EPA may certify

that the rule will not have a significant

impact on a substantial number of small

entities. Small entities include small

businesses, small not-for-profit

enterprises, and government entities

with jurisdiction over populations of

less than 50,000.

SIP approvals under section 110 and

subchapter I, part D of the Clean Air Act

do not create any new requirements but

simply approve requirements that the

State is already imposing. Therefore,

because the Federal SIP approval does

not impose any new requirements, the

Administrator certifies that it does not

have a significant impact on any small

entities affected. Moreover, due to the

nature of the Federal-State relationship

under the CAA, preparation of a

flexibility analysis would constitute

Federal inquiry into the economic

reasonableness of state action. The

Clean Air Act forbids EPA to base its

actions concerning SIPs on such

grounds. Union Electric Co. v. U.S. EPA,

427 U.S. 246, 255–66 (1976); 42 U.S.C.

7410(a)(2).

C. Unfunded Mandates

Under section 202 of the Unfunded

Mandates Reform Act of 1995

(‘‘Unfunded Mandates Act’’), signed

into law on March 22, 1995, EPA must

prepare a budgetary impact statement to

accompany any proposed or final rule

that includes a Federal mandate that

may result in estimated costs to State,

local, or tribal governments in the

aggregate; or to private sector, of $100

million or more. Under section 205,

EPA must select the most cost-effective

and least burdensome alternative that

achieves the objectives of the rule and

is consistent with statutory

requirements. Section 203 requires EPA

to establish a plan for informing and

advising any small governments that

may be significantly or uniquely

impacted by the rule.

EPA has determined that the approval

action promulgated does not include a

Federal mandate that may result in

estimated costs of $100 million or more

to either State, local, or tribal

governments in the aggregate, or to the

private sector. This Federal action

approves pre-existing requirements

under State or local law, and imposes

no new Federal requirements.

Accordingly, no additional costs to

State, local, or tribal governments, or to

the private sector, result from this

action.

D. Submission to Congress and the

General Accounting Office

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 rule 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. This rule is not a

‘‘major’’ rule as defined by 5 U.S.C.

804(2).

E. Petitions for Judicial Review

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 August 14, 1998.

Filing a petition for reconsideration by

the Administrator of this final rule does

not affect the finality of this rule 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).)

F. Executive Order 13045

Protection of Children from

Environmental Health Risks and Safety

Risks. Executive Order 13045 (62 FR

19885, April 23, 1997), applies to any

rule that is (1) likely to be

‘‘economically significant’’ as defined

under Executive Order 12866, and (2)

concerns an environmental health or

safety risk that EPA has reason to

believe may have a disproportionate

effect on children. If a regulatory action

meets both criteria, the Agency must

evaluate the environmental health or

safety effects of the planned rule on

children, and explain why the planned

regulation is preferable to other

potentially effective and reasonably

feasible alternatives considered by the

Agency.

This rule is not subject to E.O. 13045,

‘‘Protection of Children from

Environmental Health Risks and Safety

Risks’’ because this is not an

‘‘economically significant’’ regulatory

action as defined by E.O. 12866, and

because it does not involve decisions on

environmental health or safety risks.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Hydrocarbons,

Incorporation by reference,

Intergovernmental relations, Ozone,

Reporting and recordkeeping

requirements, Volatile organic

compounds.

Incorporation by reference of the State

Implementation Plan for the State of

California was approved by the Director

of the Federal Register on July 1, 1982.

Dated: May 4, 1998.

Felicia Marcus,

Regional Administrator, Region IX.

Part 52, chapter I, title 40 of the Code

of Federal Regulations is amended as

follows:

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

Subpart F—California

2. Section 52.220 is amended by

adding paragraphs (c)(240)(i)(A)(2), (3),

and (4) to read as follows:

§ 52.220 Identification of plan.

* * * * *

(c) * * *

(240) * * *

(i) * * *

(A) * * *

(2) Rules 2000, 2001, 2002, 2004,

2006, 2007, 2011, 2011—Appendix A,

2012, 2012—Appendix A, and 2015

adopted on October 15, 1993 and

amended on December 7, 1995.

(3) Rule 2012(j)(3)—Testing

Guidelines (Protocol) for Alternative

Nitrogen Oxides Emission Rate

Determination at Process Units, dated

March 31, 1994, adopted on December

7, 1995.

(4) Rule 2005 adopted on October 15,

1993 and amended on May 10, 1996.

* * * * *

[FR Doc. 98–15844 Filed 6–12–98; 8:45 am]

BILLING CODE 6560–50–P