67062 Federal Register / Vol. 69, No. 220 / Tuesday, November 16, 2004 / Rules and Regulations 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). 

This rule 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 is not economically 

significant. 

The requirements of section 12(d) of 

the National Technology Transfer and 

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

272) do not apply to this rule because 

it imposes no standards. 

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 to Congress and the 

Comptroller General. However, section 

808 provides that any rule for which the 

issuing agency for good cause finds that 

notice and public procedure thereon are 

impracticable, unnecessary, or contrary 

to the public interest, shall take effect at 

such time as the agency promulgating 

the rule determines. 5 U.S.C. 808(2). 

EPA has made such a good cause 

finding, including the reasons therefor, 

and established an effective date of 

November 16, 2004. 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 rule is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by January 18, 2005. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this rule for the 

purpose of judicial review nor does it 

extend the time within which 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, Intergovernmental 

regulations, Particulate matter, 

Reporting and recordkeeping 

requirements.

Dated: October 13, 2004. 

Keith Takata, 

Acting Regional Administrator, Region IX.

[FR Doc. 04–25299 Filed 11–15–04; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52

[CA120–REC; FRL–7837–9] 

Corrections to the California State 

Implementation Plan

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is finalizing the deletion 

of various local rules from the California 

State Implementation Plan (SIP) that 

were incorporated into the SIP in error. 

These primarily include rules 

concerning procedures before the local 

hearing board, local fees, enforcement 

authorities, posting of permits, 

administrative permit requirements, and 

appeals. EPA has determined that the 

continued presence of these rules in the 

SIP is potentially confusing and thus 

harmful to affected sources, local 

agencies and to EPA. The intended 

effect of this final action is to delete 

these rules and make the SIP consistent 

with the Clean Air Act as amended in 

1990 (CAA or the Act).

DATES: Effective Date: This rule is 

effective on December 16, 2004.

ADDRESSES: You may inspect copies of 

the administrative record for this action 

at EPA’s Region IX office during normal 

business hours. You may also see copies 

of the rules at the locations listed in 

SUPPLEMENTARY INFORMATION under 

‘‘Public Inspection.’’

FOR FURTHER INFORMATION CONTACT: Julie 

A. Rose, Rulemaking Office (AIR–4), Air 

Division, U.S. Environmental Protection 

Agency, Region IX, 75 Hawthorne 

Street, San Francisco, CA 94105; (415) 

947–4126. E-mail: rose.julie@EPA.gov.

SUPPLEMENTARY INFORMATION: 

Public Inspection

California Air Resources Board, Stationary 

Source Division, Rule Evaluation Section, 

1001 ‘‘I’’ Street, Sacramento, CA 95814

Amador County Air Pollution Control 

District, 500 Argonaut Lane, Jackson, CA 

95642

Antelope Valley Air Pollution Control 

District, 43301 Division Street, Suite 206, 

Lancaster, CA 93539–4409

Bay Area Air Quality Management District, 

939 Ellis Street, San Francisco, CA 94109

Butte County Air Quality Management 

District, 2525 Dominic Drive, Suite J, 

Chico, CA 95928–7184

Calaveras County Air Pollution Control 

District, 891 Mountain Ranch Road, San 

Andreas, CA 95249–9709

Colusa County Air Pollution Control District, 

100 Sunrise Blvd., Suite F, Colusa, CA 

95932–3246

El Dorado County Air Pollution Control 

District, 2850 Fairlane Court, Building C, 

Placerville, CA 95667–4100

Feather River Air Quality Management 

District, 938–14th Street, Marysville, CA 

95901–4149

Glenn County Air Pollution Control District, 

720 North Colusa Street, Willows, CA 

95988–0351

Great Basin Unified Air Pollution Control 

District, 157 Short Street, Suite 6, Bishop, 

CA 93514

Imperial County Air Pollution Control 

District, 150 South Ninth Street, El Centro, 

CA 92243–2801

Kern County (Southeast Desert) Air Pollution 

Control District, 2700 M. Street, Suite 302, 

Bakersfield, CA 93301–2370

Lake County Air Quality Management 

District, 883 Lakeport Blvd., Lakeport, CA 

95453–5405

Lassen County Air Pollution Control District, 

175 Russell Avenue, Susanville, CA 

96130–4215

Mariposa County Air Pollution Control 

District, 5110 Bullion Street, Mariposa, CA 

95338

Mendocino County Air Quality Management 

District, 306 E. Gobbi Street, Ukiah, CA 

95482

Modoc County Air Pollution Control District, 

202 W. Fourth Street, Alturas, CA 96101

Mojave Desert Air Quality Management 

District, 14306 Park Avenue, Victorville, 

CA 92392–2310

Monterey Bay Unified Air Pollution Control 

District, 24580 Silver Cloud Ct., Monterey, 

CA 93940–6536

North Coast Unified Air Quality Management 

District, 2300 Myrtle Avenue, Eureka, CA 

95501–3327

Northern Sierra Air Quality Management 

District, 200 Litton Drive, Suite 320, Grass 

Valley, CA 95945–2509

Northern Sonoma County Air Pollution 

Control District, 150 Matheson Street, 

Healdsburg, CA 95448–4908

Placer County Air Pollution Control District, 

11464 B Avenue, Auburn, CA 95603

San Diego County Air Pollution Control 

District, 9150 Chesapeake Drive, San 

Diego, CA 92123–1096

San Joaquin Valley Unified Air Pollution 

Control District, 1990 East Gettysburg, 

Fresno, CA 93726

San Luis Obispo County Air Pollution 

Control District, 3433 Roberto Court, San 

Luis Obispo, CA 93401–7126

Santa Barbara County Air Pollution Control 

District, 26 Castilian Drive, B–23, Goleta, 

CA 93117

Shasta County Air Quality Management 

District, 1855 Placer Street, Suite 101, 

Redding, CA 96001–1759

Siskiyou County Air Pollution Control 

District, 525 South Foothill Drive, Yreka, 

CA 96097–3036

Federal Register / Vol. 69, No. 220 / Tuesday, November 16, 2004 / Rules and Regulations 67063

South Coast Air Quality Management 

District, 21865 E. Copley Drive, Diamond 

Bar, CA 91765

Tehama County Air Pollution Control 

District, 1750 Walnut Street, Red Bluff, CA 

96080

Tuolumne County Air Pollution Control 

District, 22365 Airport, Columbia, CA 

95310

Ventura County Air Pollution Control 

District, 669 County Square Drive, Ventura, 

CA 93003

Yolo-Solano Air Quality Management 

District, 1947 Galileo Court, Suite 103, 

Davis, CA 95616

Throughout this document wherever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ are used, we mean 

EPA.

Table of Contents 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Administrative Requirements

I. Proposed Action 

On January 22, 2004 (69 FR 3045), 

EPA proposed to delete various rules 

from the California SIP, after 

determining that they had been 

approved into the SIP in error. Most of 

these rules fall into one of the following 

categories: 

A. Rules that govern local hearing 

board procedures and other 

administrative requirements such as the 

frequency of meetings, salaries paid to 

board members, and petitioning for a 

local hearing. 

B. Administrative permit rules such 

as those that describe procedures for 

action, denial, appeal, reinstatement, 

and posting of permits to operate. 

Substantive local requirements to fulfill 

CAA new source review and operating 

permit provisions are Federally 

approved or delegated elsewhere. 

C. Variance provisions that provide 

for modification of the requirements of 

the applicable SIP. The variance 

procedures included in today’s action 

are based in State law. See California 

Health & Safety Code §§ 42350–64. State 

or district-issued variances provide an 

applicant with a mechanism to obtain 

relief from state enforcement of a State 

or local rule under certain conditions. 

Pursuant to Federal law, specifically 

section 110(i) of the Clean Air Act, 42 

U.S.C. 7410(i), neither EPA nor a State 

may revise a State Implementation Plan 

(SIP) by issuing an ‘‘order, suspension, 

plan revision or other action modifying 

any requirement of an applicable 

implementation plan’’ without a plan 

promulgation or revision. EPA and 

California have long recognized that a 

state-issued variance, though binding as 

a matter of State law, does not prevent 

EPA from enforcing the underlying SIP 

provisions unless and until EPA 

approves that variance as a SIP revision. 

The variance provisions included in 

today’s action are deficient for various 

reasons, including their failure to 

address the fact that a state or districtissued variance has no effect on Federal 

enforceability unless the variance is 

submitted to and approved by EPA as a 

SIP revision. Therefore, their inclusion 

in the SIP is inconsistent with the Act 

and may be confusing to regulated 

industry and the general public. 

Moreover, because state-issued 

variances require independent EPA 

approval in order to modify the 

substantive requirements of a SIP, 

removal of these variance provisions 

from the SIP will have no effect on 

regulated entities. See Industrial 

Environmental Association v. Browner, 

No. 97–71117 (9th Cir., May 26, 2000). 

D. Various provisions describing local 

agency investigative or enforcement 

authority including the authority to 

inspect, make arrests, issue violation 

notices, and issue orders for abatement. 

States may need to adopt such rules to 

demonstrate adequate enforcement 

authority under section 110(a)(2) of the 

Act, but they should not be approved 

into the applicable SIP to avoid 

potential conflict with EPA’s 

independent authorities provided in 

§ 113, § 114 and elsewhere. 

E. Local fee provisions that are not 

economic incentive programs and are 

not designed to replace or relax a SIP 

emission limit. While it is appropriate 

for local agencies to implement fee 

provisions, for example, to recover costs 

for issuing permits, it is generally not 

appropriate to make local fee collection 

federally enforceable. 

II. Public Comments and EPA 

Responses 

EPA’s proposed action provided a 30-

day public comment period. During this 

period, we did not receive any public 

comments. 

III. EPA Action

Based on further review, we have 

decided not to finalize our proposed 

removal of Rule 230, Action on 

Applications from the Mendocino 

County Air Pollution Control District 

(MCAPCD) portion of the California SIP. 

These provisions appear appropriate for 

inclusion in the SIP. 

As authorized in section 110(k)(6) of 

the Act, EPA is deleting all the rules 

listed in the proposal from the 

California SIP, with the exception of 

MCAPCD Rule 230 as noted above. 

In this action, EPA is also reinserting 

a paragraph listing EPA-approved rules 

of the California SIP that were 

inadvertently deleted from Title 40 of 

the Code of Federal Regulations, part 52, 

§ 52.220, paragraph (c)(31)(i)(A). On 

December 8, 1976, at 41 FR 53661, EPA 

published a final rulemaking action 

approving Rules 200 to 216 of the Great 

Basin Unified Air Pollution Control 

District submitted by the California Air 

Resources Board as revisions to the 

California SIP. The listing of these rules 

was inadvertently deleted from the Code 

of Federal Regulations. Two of these 

provisions, Rules 211 and 214, are being 

removed from the SIP in the new 

paragraph 52.220(c)(31)(i)(H). With 

these changes, the CFR description of 

the SIP will be up to date. 

IV. Administrative Requirements 

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 32111, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

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

22, 2001). This action 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 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 (Public Law 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). Nor 

will it 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), because it 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, 

67064 Federal Register / Vol. 69, No. 220 / Tuesday, November 16, 2004 / Rules and Regulations 

1997), because it is not economically 

significant. 

In this action, EPA is not developing 

or adopting a technical standard. 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 January 18, 2005. 

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, Reporting and 

recordkeeping requirements.

Dated: October 22, 2004. 

Keith Takata, 

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: (b)(2)(iii), (b)(2)(iv), 

(b)(7)(ii), (b)(10)(ii), (b)(12) through (14), 

(c)(6)(i)(D), (c)(6)(ii)(C), (c)(6)(iii)(C), 

(c)(6)(iv)(C), (c)(6)(v)(C), (c)(6)(vi)(C) 

through (D), (c)(6)(vii)(C), (c)(6)(viii)(B), 

(c)(6)(ix)(B), (c)(6)(x)(C), (c)(6)(xi)(C), 

(c)(6)(xii)(C), (c)(6)(xiii)(C), (c)(6)(xiv)(C), 

(c)(6)(xvi)(C), (c)(6)(xx)(B), (c)(6)(xxiii) 

through (xxiv), (c)(21)(viii)(C), 

(c)(21)(xiv)(C), (c)(24)(iv)(C), 

(c)(24)(vii)(F) through (G), (c)(24)(x)(F), 

(c)(25)(i)(F), (c)(25)(ii)(E), (c)(26)(viii)(D), 

(c)(26)(ix)(C), (c)(26)(xvi)(F), 

(c)(26)(xvii)(E) through (G), 

(c)(27)(vii)(E), (c)(27)(viii)(E), 

(c)(28)(iv)(C), (c)(31)(i)(A), (c)(31)(i)(H) 

and (I), (c)(31)(vi)(F), (c)(31)(xviii)(G), 

(c)(32)(iii)(G), (c)(35)(xii)(I), 

(c)(35)(xiii)(E), (c)(35)(xv)(G), 

(c)(37)(v)(E), (c)(39)(ii)(H) through (I), 

(c)(39)(iv)(H) and (I), (c)(39)(vii)(E), 

(c)(39)(viii)(E), (c)(39)(x)(E), (c)(41)(x)(H) 

through (I), (c)(42)(x)(D), (c)(47)(i)(E) 

through (G), (c)(51)(xiii)(D), 

(c)(51)(xiv)(E), (c)(51)(xx)(D), 

(c)(52)(xiii)(F), (c)(52)(xvi)(D), 

(c)(56)(ii)(D), (c)(58)(iii)(C), (c)(65)(iv) 

through (v), (c)(79)(v)(B), (c)(80)(i)(F), 

(c)(81)(i)(C), (c)(85)(vi)(D), (c)(85)(x)(C), 

(c)(89)(iii)(D), (c)(93)(iii)(D), 

(c)(93)(iv)(E), (c)(95)(vi)(B), 

(c)(96)(iii)(D), (c)(98)(i)(F), 

(c)(103)(xiii)(D), (c)(103)(xvii)(D), 

(c)(119)(i)(E), (c)(119)(ii)(B), 

(c)(124)(ii)(C), (c)(124)(vii)(D), (c)(127)(i) 

introductory text, (c)(127)(vii)(H) 

through (I), (c)(137)(vi)(C), 

(c)(137)(vii)(E) through (H), 

(c)(138)(ii)(F), (c)(155)(v)(D), 

(c)(159)(iii)(G), (c)(164)(i)(A)(3), 

(c)(168)(i)(A)(6), (c)(168)(i)(E)(4), 

(c)(171)(i)(D)(6), (c)(172)(i)(A)(4), 

(c)(173)(i)(B)(3), (c)(175)(i)(A)(2), 

(c)(175)(i)(B)(3), (c)(177)(i)(D)(4), 

(c)(179)(i)(E)(5),(c)(184)(i)(B)(11), 

(c)(199)(i)(D)(9), (c)(202)(i)(F)(2), 

(c)(230)(i)(E)(2), and (c)(262)(i)(A)(2), 

and by revising (c)(127) introductory 

text. 

The additions and revision read as 

follows:

§ 52.220 Identification of plan.

* * * * *

(b) * * *

(2) * * *

(iii) Previously approved on May 31, 

1972 in paragraph (b) of this section and 

now deleted without replacement for 

implementation in the Lake Tahoe Air 

Basin, Rules 2–17, 2–18, 2–19, and 2–

20. 

(iv) Previously approved on May 31, 

1972 in paragraph (b) of this section and 

now deleted without replacement for 

implementation in the Mountain 

Counties Air Basin, Rules 2–17, 2–18, 

2–19, 2–20.

* * * * *

(7) * * *

(ii) Previously approved on May 31, 

1972 in paragraph (b) of this section and 

now deleted without replacement, Rules 

17, 18, and 19.

* * * * *

(10) * * *

(ii) Previously approved on May 31, 

1972 in paragraph (b) of this section and 

now deleted without replacement, Rules 

2.4, 2.6, and 5.1 to 5.18.

* * * * *

(12) California Air Resources Board. 

(i) Previously approved on May 31, 

1972 in paragraph (b) of this section and 

now deleted without replacement, 

California Health & Safety Code 

§§ 24292, 24296 to 24303 (Variances); 

§§ 24310 to 24323 (Procedure); and 

§§ 24362.6 to 24363 and 24365.1 to 

24365.12 (Rules and Regulations). 

(13) El Dorado County Air Pollution 

Control District. 

(i) Previously approved on May 31, 

1972 in paragraph (b) of this section and 

now deleted without replacement, Rules 

77, 78, 79, and 80. 

(14) Imperial County Air Pollution 

Control District. 

(i) Previously approved on May 31, 

1972 in paragraph (b) of this section and 

now deleted without replacement, Rule 

110.

* * * * *

(c) * * *

(6) * * *

(i) * * *

(D) Previously approved on 

September 22, 1972 in paragraph (c)(6) 

of this section and now deleted without 

replacement, Rules 18, 22, 23, and 24. 

(ii) * * *

(C) Previously approved on 

September 22, 1972 in paragraph (c)(6) 

of this section and now deleted without 

replacement, Rules 204, 206, 210, 211, 

212, and 213. 

(iii) * * *

(C) Previously approved on 

September 22, 1972 in paragraph (c)(6) 

of this section and now deleted without 

replacement, Rules 1.6, 2.9, 2.10, 2.11, 

2.12, and 4.2. 

(iv) * * *

(C) Previously approved on 

September 22, 1972 in paragraph (c)(6) 

of this section and now deleted without 

replacement, Rule 206. 

(v) * * *

(C) Previously approved on 

September 22, 1972 in paragraph (c)(6) 

of this section and now deleted without 

replacement, Rules 53, 54, 55, and 97.

(vi) * * *

(C) Previously approved on 

September 22, 1972 in paragraph (c)(6) 

Federal Register / Vol. 69, No. 220 / Tuesday, November 16, 2004 / Rules and Regulations 67065

of this section and now deleted without 

replacement for implementation in Kern 

County, Southeast Desert Air Basin, 

Rules 204, 206, 210, 211, 212, and 213. 

(D) Previously approved on 

September 22, 1972 in paragraph (c)(6) 

of this section and now deleted without 

replacement for implementation in Kern 

County, San Joaquin Valley Air Basin, 

Rules 107, 109, 206, 303, and 304. 

(vii) * * *

(C) Previously approved on 

September 22, 1972 in paragraph (c)(6) 

of this section and now deleted without 

replacement, Rules 206 and 518. 

(viii) * * *

(B) Previously approved on 

September 22, 1972 in paragraph (c)(6) 

of this section and now deleted without 

replacement, Rules 2.02, 2.04, 2.06, 

2.10, 2.11, 2.12, and 2.13. 

(ix) * * *

(B) Previously approved on 

September 22, 1972 in paragraph (c)(6) 

of this section and now deleted without 

replacement, Rule 206. 

(x) * * *

(C) Previously approved on 

September 22, 1972 in paragraph (c)(6) 

of this section and now deleted without 

replacement, Rule 206. 

(xi) * * *

(C) Previously approved on 

September 22, 1972 in paragraph (c)(6) 

of this section and now deleted without 

replacement, Rules 2.02, 2.04, 2.06, 

2.10, 2.12, and 2.13. 

(xii) * * *

(C) Previously approved on 

September 22, 1972 in paragraph (c)(6) 

of this section and now deleted without 

replacement, Rule 206. 

(xiii) * * *

(C) Previously approved on 

September 22, 1972 in paragraph (c)(6) 

of this section and now deleted without 

replacement, Rule 206. 

(xiv) * * *

(C) Previously approved on 

September 22, 1972 in paragraph (c)(6) 

of this section and now deleted without 

replacement, Rule 206.

* * * * *

(xvi) * * *

(C) Previously approved on 

September 22, 1972 in paragraph (c)(6) 

of this section and now deleted without 

replacement, Rules 013, 015, 019, 020, 

021, and 022.

* * * * *

(xx) * * *

(B) Previously approved on 

September 22, 1972 in paragraph (c)(6) 

of this section and now deleted without 

replacement, Rule 16.

* * * * *

(xxiii) Shasta County Air Pollution 

Control District. 

(A) Previously approved on 

September 22, 1972 in paragraph (c)(6) 

of this section and now deleted without 

replacement, Rule 2.17 and 2.22. 

(xxiv) Ventura County Air Pollution 

Control District. 

(A) Previously approved on 

September 22, 1972 in paragraph (c)(6) 

of this section and now deleted without 

replacement, Rule 22.

* * * * *

(21) * * *

(viii) * * *

(C) Previously approved on August 

22, 1977 in paragraph (c)(21)(viii)(A) of 

this section and now deleted without 

replacement, Rule 4.11.

* * * * *

(xiv) * * *

(C) Previously approved on June 14, 

1978 in paragraph (c)(21)(xiv)(A) of this 

section and now deleted without 

replacement, Rule 5.18.

* * * * *

(24) * * *

(iv) * * *

(C) Previously approved on August 

22, 1977 in paragraph (c)(iv)(A) of this 

section and now deleted without 

replacement, Rule 518.

* * * * *

(vii) * * *

(F) Previously approved on August 

22, 1977 in paragraph (c)(vii)(A) of this 

section and now deleted without 

replacement for implementation in Kern 

County, Southeast Desert Air Basin, 

Rule 518. 

(G) Previously approved on August 

22, 1977 in paragraph (c)(vii)(A) of this 

section and now deleted without 

replacement for implementation in Kern 

County, San Joaquin Valley Air Basin, 

Rule 518.

* * * * *

(x) * * *

(F) Previously approved on August 

15, 1977 in paragraph (c)(x)(A) of this 

section and now deleted without 

replacement, Rule 3.

* * * * *

(25) * * *

(i) * * *

(F) Previously approved on August 

22, 1977 in paragraph (c)(25)(i)(A) of 

this section and now deleted without 

replacement, Rule 518. 

(ii) * * *

(E) Previously approved on August 

22, 1977 in paragraph (c)(25)(ii)(A) of 

this section and now deleted without 

replacement, Rule 519.

* * * * *

(26) * * *

(viii) * * *

(D) Previously approved on August 

22, 1977 in paragraph (c)(26)(viii)(A) of 

this section and now deleted without 

replacement, Rule 617. 

(ix) * * *

(C) Previously approved on August 

22, 1977 in paragraph (c)(26)(ix)(A) of 

this section and now deleted without 

replacement Rules 619 and 620.

* * * * *

(xvi) * * *

(F) Previously approved on June 14, 

1978 in paragraph (c)(26)(xvi)(B) of this 

section and now deleted without 

replacement, Rule 717. 

(xvii) * * *

(E) Previously approved on June 14, 

1978 in paragraph (c)(26)(xvii)(A) of this 

section and now deleted without 

replacement Rule 717 (Lake Tahoe Air 

Basin). 

(F) Previously approved on June 14, 

1978 in paragraph (c)(26)(xvii)(A) of this 

section and now deleted without 

replacement Rules 705 and 717 

(Mountain Counties Air Basin). 

(G) Previously approved on June 14, 

1978 in paragraph (c)(26)(xvii)(A) of this 

section and now deleted without 

replacement Rules 701, 705, 707, 711 to 

714, 716, and 717 (Sacramento Valley 

Air Basin).

* * * * *

(27) * * *

(vii) * * *

(E) Previously approved on June 14, 

1978 in paragraph (c)(27)(vii)(A) of this 

section and now deleted without 

replacement Rule 717. 

(viii) * * *

(E) Previously approved on June 14, 

1978 in paragraph (c)(27)(viii)(A) and 

now deleted without replacement Rules 

701, 702, 704 to 709, and 711 to 717.

* * * * *

(28) * * *

(iv) * * *

(C) Previously approved on August 

22, 1977 in paragraph (c)(28)(iv)(A) of 

this section and now deleted without 

replacement Rule 717.

* * * * *

(31) * * *

(i) * * *

(A) Rules 200 to 216.

* * * * *

(H) Previously approved on December 

8, 1976 in paragraph (c)(31)(i)(A) of this 

section and now deleted without 

replacement Rules 211 and 214.

(I) Previously approved on June 6, 

1977 in paragraph (c)(31)(i)(B) of this 

section and now deleted without 

replacement Rules 107 and 616.

* * * * *

(vi) * * *

(F) Previously approved on November 

9, 1978 in paragraph (c)(31)(vi)(C) of 

this section and now deleted without 

67066 Federal Register / Vol. 69, No. 220 / Tuesday, November 16, 2004 / Rules and Regulations 

replacement for implementation in the 

Antelope Valley Air Pollution Control 

District, Rules 211, 214, 215, and 216.

* * * * *

(xviii) * * *

(G) Previously approved on January 

24, 1978 in paragraph (c)(31)(xviii)(B) of 

this section and now deleted without 

replacement Rule 717.

* * * * *

(32) * * *

(iii) * * *

(G) Previously approved on June 14, 

1978 in paragraph (c)(32)(iii)(C) of this 

section and now deleted without 

replacement Rules 505 and 518.

* * * * *

(35) * * *

(xii) * * *

(I) Previously approved on February 

1, 1984 in paragraph (c)(35)(xii)(E) of 

this section and now deleted without 

replacement Rules 202, 206, 207, and 

208. 

(xiii) * * *

(E) Previously approved on March 22, 

1978 in paragraph (c)(35)(xiii)(A) of this 

section and now deleted without 

replacement for implementation in the 

San Joaquin Valley Air Basin, Rule 104.

* * * * *

(xv) * * *

(G) Previously approved on November 

7, 1978 in paragraph (c)(35)(xv)(C) of 

this section and now deleted without 

replacement Rule 630.

* * * * *

(37) * * *

(v) * * *

(E) Previously approved on December 

6, 1979 in paragraph (c)(37)(v)(B) of this 

section and now deleted without 

replacement Rule 717.

* * * * *

(39) * * *

(ii) * * *

(H) Previously approved on 

September 8, 1978 in paragraph 

(c)(39)(ii)(C) of this section and now 

deleted without replacement for 

implementation in the Mojave Desert 

Air Quality Management District, Rule 

517. 

(I) Previously approved on November 

9, 1978 in paragraph (c)(39)(ii)(B) of this 

section and now deleted without 

replacement for implementation in the 

Mojave Desert Air Quality Management 

District, Rules 210, 211, and 214 to 216.

* * * * *

(iv) * * *

(H) Previously approved on November 

9, 1978 in paragraph (c)(39)(iv)(B) of 

this section and now deleted without 

replacement for implementation in the 

Mojave Desert Air Quality Management 

District, Rules 210, 211, and 214 to 216. 

(I) Previously approved on September 

8, 1978 in paragraph (c)(39)(iv)(C) of 

this section and now deleted without 

replacement for implementation in the 

Mojave Desert Air Quality Management 

District, Rule 517.

* * * * *

(vii) * * *

(E) Previously approved on August 

16, 1978 in paragraph (c)(39)(vii)(A) of 

this section and now deleted without 

replacement Rule 514. 

(viii) * * *

(E) Previously approved on September 

14, 1978 in paragraph (c)(39)(viii)(A) of 

this section and now deleted without 

replacement Rules 600, 612, 613, 614, 

615, 616, and 617.

* * * * *

(x) * * *

(E) Previously approved on September 

14, 1978 in paragraph (c)(39)(x)(A) of 

this section and now deleted without 

replacement Rule 514.

* * * * *

(41) * * *

(x) * * *

(H) Previously approved on November 

15, 1978 in paragraph (c)(41)(x)(A) of 

this section and now deleted without 

replacement Rule 706 (Mountain 

Counties Air Basin). 

(I) Previously approved on November 

15, 1978 in paragraph (c)(41)(x)(A) of 

this section and now deleted without 

replacement Rules 702 to 704, 706, 708 

to 710, and 715 (Sacramento Valley Air 

Basin).

* * * * *

(42) * * *

(x) * * *

(D) Previously approved on November 

6, 1978 in paragraph (c)(42)(x)(A) of this 

section and now deleted without 

replacement Rules 700, 703, and 710.

* * * * *

(47) * * *

(i) * * *

(E) Previously approved on May 9, 

1980 in paragraph (c)(47)(i)(A) of this 

section and now deleted without 

replacement for implementation in the 

Antelope Valley Air Pollution Control 

District Rule 1231. 

(F) Previously approved on May 9, 

1980 in paragraph (c)(47)(i)(A) of this 

section and now deleted without 

replacement for implementation in the 

Mojave Desert Air Quality Management 

District (Riverside County), Rules 1201 

to 1205, 1209 to 1211, 1214, 1217, 1220, 

1221, 1223, and 1224. 

(G) Previously approved on May 9, 

1980 in paragraph (c)(47)(i)(A) of this 

section and now deleted without 

replacement for implementation in the 

South Coast Air Quality Management 

District, Rules 1201 to 1205, 1209 to 

1211, 1214, 1217, 1220, 1221, 1223, and 

1224.

* * * * *

(51) * * *

(xiii) * * *

(D) Previously approved on May 18, 

1981 in paragraph (c)(51)(xiii)(A) of this 

section and now deleted without 

replacement Rules 204, 207, 208, 209, 

513, 517, and 519. 

(xiv) * * *

(E) Previously approved on May 18, 

1981 in paragraph (c)(51)(xiv)(A) of this 

section and now deleted without 

replacement Rules 702 to 704 and 707 

to 710.

* * * * *

(xx) * * *

(D) Previously approved on June 18, 

1982 in paragraph (c)(51)(xx)(A) of this 

section and now deleted without 

replacement Rules 8 and 127.

* * * * *

(52) * * *

(xiii) * * *

(F) Previously approved on May 18, 

1981 in paragraph (c)(52)(xiii)(D) of this 

section and now deleted without 

replacement Rules 504, 506, 512, and 

513.

* * * * *

(xvi) * * *

(D) Previously approved on January 

26, 1982 in paragraph (c)(52)(xvi)(A) of 

this section and now deleted without 

replacement Rules 5.0 to 5.3, 5.5 to 5.19, 

and 6.1 to 6.7.

* * * * *

(56) * * *

(ii) * * *

(D) Previously approved on June 18, 

1982 in paragraph (c)(56)(ii)(B) of this 

section and now deleted without 

replacement Rule 27.

* * * * *

(58) * * *

(iii) * * *

(C) Previously approved on June 18, 

1982 in paragraph (c)(51)(iii)(B) of this 

section and now deleted without 

replacement Rule 203.

* * * * *

(65) * * *

(iv) Previously approved on 

September 28, 1981 in paragraph 

(c)(65)(ii) of this section and now 

deleted without replacement Rules 

1206, 1208, 1212, 1213, 1215, 1216, 

1218, 1219, 1222, and 1225 to 1230. 

(v) Previously approved on September 

28, 1981 in paragraph (c)(65)(ii) of this 

section and now deleted without 

replacement for implementation in the 

Mojave Desert Air Quality Management 

District (Riverside County), Rules 1206, 

1208, 1212, 1213, 1215, 1216, 1218, 

1219, 1222, and 1225 to 1230.

* * * * *

Federal Register / Vol. 69, No. 220 / Tuesday, November 16, 2004 / Rules and Regulations 67067

(79) * * *

(v) * * *

(B) Previously approved on 

September 28, 1981 in paragraph 

(c)(79)(v)(A) of this section and now 

deleted without replacement Rule 14.

* * * * *

(80) * * *

(i) * * *

(F) Previously approved on June 23, 

1982 in paragraph (c)(80)(i)(C) of this 

section and now deleted without 

replacement Rules 504, 506, and 511 to 

513.

* * * * *

(81) * * *

(i) * * *

(C) Previously approved on May 18, 

1981 in paragraph (c)(81)(i)(A) of this 

section and now deleted without 

replacement Rules 512, 514, 519, and 

520 to 524.

* * * * *

(85) * * *

(vi) * * *

(D) Previously approved on April 12, 

1982 in paragraph (c)(85)(vi)(A) of this 

section and now deleted without 

replacement Rules 2.7 and 2.8.

* * * * *

(x) * * *

(C) Previously approved on July 6, 

1982 in paragraph (c)(85)(x)(A) of this 

section and now deleted without 

replacement for implementation in Kern 

County, Southeast Desert Air Basin Rule 

110.

* * * * *

(89) * * *

(iii) * * *

(D) Previously approved on April 12, 

1982 in paragraph (c)(89)(iii)(B) of this 

section and now deleted without 

replacement Rules 4.7, 4.8, 4.9, 4.10, 

5.4, and 6.0.

* * * * *

(93) * * *

(iii) * * *

(D) Previously approved on June 18, 

1982 in paragraph (c)(93)(iii)(B) of this 

section and now deleted without 

replacement Rules 503, 504, 506, and 

518 to 521.

* * * * *

(iv) * * *

(E) Previously approved on June 18, 

1982 in paragraph (c)(93)(iv)(B) of this 

section and now deleted without 

replacement Rules 503, 504, 506, and 

518 to 521.

* * * * *

(95) * * *

(vi) * * *

(B) Previously approved on June 18, 

1982 in paragraph (c)(95)(vi)(A) of this 

section now deleted without 

replacement for implementation in the 

North Coast Unified Air Quality 

Management District, Rule 250.

* * * * *

(96) * * *

(iii) * * *

(D) Previously approved on January 

26, 1982 in paragraph (c)(96)(iii)(A) of 

this section and now deleted without 

replacement Rule 96.

* * * * *

(98) * * *

(i) * * *

(F) Previously approved on April 12, 

1982 in paragraph (c)(98)(i)(B) of this 

section and now deleted without 

replacement Rules 4.7, 4.9, 4.10, 5.18, 

9.7, and 9.8.

* * * * *

(103) * * *

(xiii) * * *

(D) Previously approved on May 27, 

1982 in paragraph (c)(103)(xiii)(A) of 

this section and now deleted without 

replacement Rule 710.

* * * * *

(xvii) * * *

(D) Previously approved on May 27, 

1982 in paragraph (c)(103)(xvii)(A) of 

this section and now deleted without 

replacement Rules 503, 504, 506, and 

518 to 521.

* * * * *

(119) * * *

(i) * * *

(E) Previously approved on May 27, 

1982 in paragraph (c)(119)(i)(A) of this 

section and now deleted without 

replacement Rule 520. 

(ii) * * *

(B) Previously approved on June 18, 

1982 in paragraph (c)(119)(ii)(A) of this 

section and now deleted without 

replacement Rule 250.

* * * * *

(124) * * *

(ii) * * *

(C) Previously approved on November 

10, 1982 in paragraph (c)(124)(ii)(A) of 

this section and now deleted without 

replacement Rules 631 and 660.1 to 

660.3.

* * * * *

(vii) * * *

(D) Previously approved on November 

10, 1982 in paragraph (c)(124)(vii)(A) of 

this section and now deleted without 

replacement Rule 620.

* * * * *

(127) New and amended regulations 

for the following APCD’s submitted on 

February 3, 1983 by the Governor’s 

designee. 

(i) Bay Area Air Quality Management 

District.

* * * * *

(vii) * * *

(H) Previously approved on October 

19, 1984 in paragraph (c)(127)(vii)(C) of 

this section and now deleted without 

replacement for implementation in the 

Antelope Valley Air Pollution Control 

District and the Mojave Desert Air 

Quality Management District (Riverside 

County), Rule 304. 

(I) Previously approved on November 

18, 1983 in paragraph (c)(127)(vii)(A) of 

this section and now deleted without 

replacement for implementation in the 

Antelope Valley Air Pollution Control 

District and the Mojave Desert Air 

Quality Management District, Rules 302 

and 303.

* * * * *

(137) * * *

(vi) * * *

(C) Previously approved on February 

1, 1984 in paragraph (c)(137)(vi)(A) of 

this section and now deleted without 

replacement Rule 2.18. 

(vii) * * *

(E) Previously approved on October 

19, 1984 in paragraph (c)(137)(vii)(B) of 

this section and now deleted without 

replacement Rules 301, 301.1, and 

301.2. 

(F) Previously approved on October 

19, 1984 in paragraph (c)(137)(vii)(B) of 

this section and now deleted without 

replacement for implementation in the 

Antelope Valley Air Pollution Control 

District, Rules 301 to 301.2. 

(G) Previously approved on February 

1, 1984 in paragraph (c)(137)(vii)(A) of 

this section and now deleted without 

replacement for implementation in the 

Mojave Desert Air Quality Management 

District (Riverside County) Rule 1207. 

(H) Previously approved on February 

1, 1984 in paragraph (c)(137)(vii)(A) of 

this section and now deleted without 

replacement for implementation in the 

South Coast Air Quality Management 

District Rule 1207.

* * * * *

(138) * * *

(ii) * * *

(F) Previously approved on November 

18, 1983 in paragraph (c)(138)(ii)(A) of 

this section and now deleted without 

replacement Rules 700, 702, and 703 

(Mountain Counties Air Basin).

* * * * *

(155) * * *

(v) * * *

(D) Previously approved on January 

29, 1985 in paragraph (c)(155)(v)(A) of 

this section and now deleted without 

replacement Regulation 2, Rule 2–502.

* * * * *

(159) * * *

(iii) * * *

(G) Previously approved on July 13, 

1987 in paragraph (c)(159)(iii)(A) of this 

section and now deleted without 

replacement Rules 203, 210, and 211.

* * * * *

67068 Federal Register / Vol. 69, No. 220 / Tuesday, November 16, 2004 / Rules and Regulations 

(164) * * *

(i) * * *

(A) * * *

(3) Previously approved on April 17, 

1987 in paragraph (c)(164)(i)(A)(1) of 

this section and now deleted without 

replacement Rules 504, 506, 519, and 

520.

* * * * *

(168) * * *

(i) * * *

(A) * * *

(6) Previously approved on February 

3, 1987 in paragraph (c)(168)(i)(A)(1) of 

this section and now deleted without 

replacement Rules 423 and 425.

* * * * *

(E) * * *

(4) Previously approved on February 

3, 1987 in paragraph (c)(168)(i)(E)(1) of 

this section and now deleted without 

replacement Rules 2.12 and 5.10.

* * * * *

(171) * * *

(i) * * *

(D) * * *

(6) Previously approved on April 12, 

1989 in paragraph (c)(171)(i)(D)(1) of 

this section and now deleted without 

replacement Rules 2:10, 2:26, 2:27, and 

4:7.

* * * * *

(172) * * *

(i) * * *

(A) * * *

(4) Previously approved on April 12, 

1989 in paragraph (c)(172)(i)(A)(1) of 

this section and now deleted without 

replacement Rules 2.8 and 2.9.

* * * * *

(173) * * *

(i) * * *

(B) * * *

(3) Previously approved on February 

3, 1989 in paragraph (c)(173)(i)(B)(1) of 

this section and now deleted without 

replacement Rules 204 and 210.

* * * * *

(175) * * *

(i) * * *

(A) * * *

(2) Previously approved on April 17, 

1989 in paragraph (c)(175)(i)(A)(1) of 

this section and now deleted without 

replacement Rule 2:19.

* * * * *

(B) * * *

(3) Previously approved on April 17, 

1989 in paragraph (c)(175)(i)(B)(1) of 

this section and now deleted without 

replacement Rule 3:15.

* * * * *

(177) * * *

(i) * * *

(D) * * *

(4) Previously approved on April 16, 

1991 in paragraph (c)(175)(i)(D)(1) of 

this section and now deleted without 

replacement Rule 518.

* * * * *

(179) * * *

(i) * * *

(E) * * *

(5) Previously approved on November 

4, 1996 in paragraph (c)(179)(i)(E)(1) of 

this section and now deleted without 

replacement Rule 2.10.

* * * * *

(184) * * *

(i) * * *

(B) * * *

(11) Previously approved on May 13, 

1999 in paragraph (c)(184)(i)(B)(7) of 

this section and now deleted without 

replacement Rules 214, 215, and 216.

* * * * *

(199) * * *

(i) * * *

(D) * * *

(9) Previously approved on June 3, 

1999 in paragraph (c)(199)(i)(D)(6) of 

this section and now deleted without 

replacement Rule 2040.

* * * * *

(202) * * *

(i) * * *

(F) * * *

(2) Previously approved on July 7, 

1997 in paragraph (c)(202)(i)(F)(1) of 

this section and now deleted without 

replacement Rule 3.1, paragraphs 403 

and 406.

* * * * *

(230) * * *

(i) * * *

(E) * * *

(2) Previously approved on May 2, 

2001 in paragraph (c)(230)(i)(E)(1) of 

this section and now deleted without 

replacement Rule 422.

* * * * *

(262) * * *

(i) * * *

(A) * * *

(2) Previously approved on June 28, 

1999 in paragraph (c)(262)(i)(A)(1) of 

this section and now deleted without 

replacement Regulation 1, Rules 402 

and 402.1.

* * * * *

[FR Doc. 04–25398 Filed 11–15–04; 8:45 am] 

BILLING CODE 6560–50–P

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety 

Administration 

49 CFR Part 571

[Docket No. NHTSA 2004–19216] 

RIN 2127–AD08

Federal Motor Vehicle Safety 

Standards; Seating Systems

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), DOT.

ACTION: Termination of rulemaking.

SUMMARY: This notice terminates a 

rulemaking proceeding to amend 

Federal Motor Vehicle Safety Standard 

(FMVSS) No. 207, ‘‘Seating systems.’’

NHTSA is seeking to improve motor 

vehicle seat performance in rear 

impacts. The agency has conducted 

extensive physical testing of seat backs, 

computer modeling of seated occupants 

in rear impacts and dynamic testing of 

instrumented test dummies in vehicle 

seats. However, additional research and 

data analyses are needed to allow an 

informed decision on a rulemaking 

action in this area. Since the SemiAnnual Regulatory Agenda (Unified 

Agenda) is intended to provide the 

public with information on rulemaking 

actions to be taken in the next year or 

so, and since we do not anticipate being 

able to take rulemaking action in this 

area in that time frame, we are 

terminating rulemaking proceedings on 

this issue. Research into this area will 

continue as time and resources allow, 

particularly as it relates to the goal of 

unifying FMVSS No. 202, ‘‘Head 

restraints,’’ and FMVSS No. 207 into a 

single comprehensive rear impact 

protection standard.

FOR FURTHER INFORMATION CONTACT: For 

non-legal issues: Louis Molino, Office of 

Crashworthiness Standards, NVS–112, 

National Highway Traffic Safety 

Administration, 400 Seventh Street, 

SW., Washington, DC 20590. Telephone 

(202) 366–1833. Fax: (202) 366–4329. 

For legal issues: Eric Stas, Office of 

Chief Counsel, NCC–112, National 

Highway Traffic Safety Administration, 

400 Seventh Street, SW., Washington, 

DC 20590. Telephone: (202) 366–2992. 

Fax: (202) 366–3820.

SUPPLEMENTARY INFORMATION:

Table of Contents 

I. Background 

II. Agency Activities 

III. Agency Rationale for Terminating 

Rulemaking