Federal Register / Vol. 73, No. 47 / Monday, March 10, 2008 / Rules and Regulations 12639 

Instruction, from further environmental 

documentation because it is a safety 

zone. A final ‘‘Environmental Analysis 

Check List’’ and a final ‘‘Categorical 

Exclusion Determination’’ will be 

available in the docket where indicated 

under ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, and 

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: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701; 50 U.S.C. 191, 195; 33 CFR 

1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T14–168 to read as 

follows: 

§ 165.T14–168 Safety Zone; Molokini 

Crater, Maui, HI 

(a) Location. The following is a safety 

zone: All waters within the following 

geographic coordinates: 20–38.9N 156–

28.5W; thence south to 20–36.7N 156–

28.5W; thence east to 20–36.7N 156–

31.0W; thence north to 20–38.9N 156–

31.0W; thence west to 20–38.9N 156–

28.5W, including all waters from the 

surface to the ocean floor. 

(b) Effective Dates. This rule is 

effective from March 1, 2008 through 

March 31, 2008. 

(c) Suspension of Enforcement. The 

Coast Guard will suspend enforcement 

of the safety zone described in this 

section whenever explosive ordinance 

disposal work is not being performed in 

the vicinity. Advance notice of 

enforcement periods and suspension of 

enforcement will be announced over 

marine band VHF channel 16. 

(d) Regulations. In accordance with 

the general regulations in 33 CFR part 

165, subpart C, no person or vessel may 

enter or remain in the zone except for 

support vessels/aircraft and support 

personnel, or other vessels authorized 

by the Captain of the Port or his 

designated representatives. 

(e) Penalties. Vessels or persons 

violating this rule are subject to the 

penalties set forth in 33 U.S.C. 1232 and 

50 U.S.C. 192. 

Dated: February 15, 2008. 

B.A. Compagnoni, 

Captain, U.S. Coast Guard, Captain of the 

Port Honolulu. 

[FR Doc. E8–4681 Filed 3–7–08; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2007–0621; FRL–8530–7] 

Revisions to the California State 

Implementation Plan, South Coast Air 

Quality Management District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing approval of 

revisions to the South Coast Air Quality 

Management District (SCAQMD) portion 

of the California State Implementation 

Plan (SIP). These revisions were 

proposed in the Federal Register on 

November 20, 2007, and concern 

particulate matter (PM) emissions from 

fugitive dust sources and cement 

manufacturing plants. We are approving 

local rules that regulate these emission 

sources under the Clean Air Act as 

amended in 1990 (CAA or the Act). 

DATES: Effective Date: This rule is 

effective on April 9, 2008. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2007–0621 for 

this action. The index to the docket is 

available electronically at 

www.regulations.gov and in hard copy 

at EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. While all 

documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available in 

either location (e.g., CBI). To inspect the 

hard copy materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: Jerry 

Wamsley, EPA Region IX, at either (415) 

947–4111, or wamsley.jerry@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Statutory and Executive Order Reviews 

I. Proposed Action 

On November 20, 2007 (see 72 

Federal Register (FR) 65285), EPA 

proposed to approve the following rules 

into the California SIP. 

TABLE 1.—SUBMITTED RULES

Local agency Rule 

No. Rule title Adopted Submitted 

SCAQMD ....................................... 403 Fugitive Dust ........................................................................................ 06/03/05 10/20/05 

SCAQMD ....................................... 1156 Further Reductions of Particulate Emissions from Cement Manufacturing Facilities.11/04/05 12/29/06 

We proposed to approve these rules 

because we determined that they 

complied with the relevant CAA 

requirements. Our proposed action 

contains more information on the rules 

and our evaluation. 

II. Public Comments and EPA 

Responses 

EPA’s proposed action provided a 30- 

day public comment period. During this 

period, we received one comment from 

an unidentified person on December 20, 

2007. The comment and our response 

are summarized below. 

Comment: The commenter is critical 

of EPA’s action to deny California’s 

request for a waiver of Federal 

preemption of motor vehicle greenhouse 

gas emission standards announced 

December 19, 2007. Also, the 

commenter makes unsubstantiated 

allegations that unnamed EPA officials 

took bribes from GM, Ford, and 

Cerberus Corporation in deciding on the 

merits of this waiver. 

Response: We proposed to approve 

rules reducing particulate matter 

emissions from local sources so that the 

South Coast air basin can meet the 

national particulate matter health 

standard. Our proposal did not concern 

California’s waiver request; 

consequently, the comment is not 

germane to our proposed action. 


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12640 Federal Register / Vol. 73, No. 47 / Monday, March 10, 2008 / Rules and Regulations 

However, we thank the commenter for 

his interest. 

III. EPA Action 

No comments were submitted that 

change our assessment that the 

submitted rules comply with the 

relevant CAA requirements. Therefore, 

as authorized in section 110(k)(3) of the 

Act, EPA is fully approving these rules 

into the California SIP. 

IV. Statutory and Executive Order 

Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. For 

this reason, this action is also not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). This action merely approves 

state law as meeting Federal 

requirements and imposes no additional 

requirements beyond those imposed by 

state law. Accordingly, the 

Administrator certifies that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities under the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.). Because this 

rule approves pre-existing requirements 

under state law and does not impose 

any additional enforceable duty beyond 

that required by state law, it 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). 

This rule also does not have tribal 

implications because it will 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, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). 

This action also does not have 

Federalism implications because it does 

not have substantial direct effects 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, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This action merely 

approves a state rule implementing a 

Federal standard, and does not alter the 

relationship or the distribution of power 

and responsibilities established in the 

Clean Air Act. This rule also is not 

subject to Executive Order 13045 

‘‘Protection of Children from 

Environmental Health Risks and Safety 

Risks’’ (62 FR 19885, April 23, 1997), 

because it approves a state rule 

implementing a Federal standard. 

In reviewing SIP submissions, EPA’s 

role is to approve state choices, 

provided that they meet the criteria of 

the Clean Air Act. In this context, in the 

absence of a prior existing requirement 

for the State to use voluntary consensus 

standards (VCS), EPA has no authority 

to disapprove a SIP submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a SIP submission; 

to use VCS in place of a SIP submission 

that otherwise satisfies the provisions of 

the Clean Air Act. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. This rule does 

not impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). 

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. 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 May 9, 2008. 

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).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Particulate matter, Reporting and 

recordkeeping requirements. 

Dated: January 17, 2008. 

Jane Diamond, 

Acting 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)(342)(i)(C)(4) and 

(c)(348) to read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(342) * * * 

(i) * * * 

(C) * * * 

(4) Rule 403, adopted on May 7, 1976 

and amended on June 3, 2005. 

* * * * * 

(348) New and amended rules for the 

following APCDs were submitted on 

December 29, 2006 by the Governor’s 

designee. 

(i) Incorporation by reference. 

(A) San Joaquin Valley Air Pollution 

Control District. 

(1) Rule 4354, adopted on August 17, 

2006. 

(B) South Coast Air Quality 

Management District. 

(1) Rule 1156, adopted on November 

4, 2005. 

* * * * * 

[FR Doc. E8–4147 Filed 3–7–08; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 65 

[Docket No. FEMA–B–7766] 

Changes in Flood Elevation 

Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Interim rule. 

SUMMARY: This interim rule lists 

communities where modification of the 

Base (1% annual-chance) Flood 

Elevations (BFEs) is appropriate because 


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