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Citation: 62 Fed. Reg. 34641 1997

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### Federal Register / Vol. 62, No. 124 / Friday, June 27, 1997 / Rules and Regulations

footnotes 8 and 12 following theentry "7/16"" to appropriate footnote size.

9. Section 7.98(q)(7) Table F-1, footnote 12, onpage 55521, is corrected by changing "f" toread "If" in thefirst word ofthe sentence.
§7.100 [Corrected] 10. Section 7.100(a)(3)(iii)(B) and (C)

on page 55523, column two, is corrected by deleting thewords "rated speed" from the first sentence ofeach paragraph.

PART75-[AMENDED]

11. The authority citation for part 75 continues toread asfollows:

Authority: 30U.S.C. 811.
12. The preamble discussion of §75.1906(1), on page 55455, iscorrected by deleting thelast sentence which begins at thebottom ofcolumn two and ends at the top ofcolumn three. 13. The preamble discussion of §75.1909(c)(5), on page 55468, is corrected byremoving the words "without the engine operating" in the last line ofcolumn one and thefirst line ofcolumn two, and adding in their place thewords "without shutting down the engine". 

### §75.325 [Corrected] 14. Section 75.325(k), on page 55527, column two, is corrected by changing the effective date in the first sentence from "November 25, 1977" toread "November 25, 1997."
§75.1909 [Corrected] 15. Section 75.1909(c)(5) on page 55531, column two, is corrected by replacing the words "without the engine operating" in linesthree and fourwith the words "without shuttingdown the engine".
[FRDoc. 97 16878 Filed 6 26 97;8:45 am]

BILLING CODE 4510-43-P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR PART 52 [AS-AZ-CA-HW-NV-000-0002; FRL-5847- 8]

Correctionof Implementation Plans; American Samoa, Arizona, California, Hawaii, and Nevada State Implementation Plans
AGENCY: Environmental Protection Agency (EPA). ACTION: Finalrule.

SUMMARY: EPA is finalizing the promulgation ofcorrections tothe American Samoa StateImplementation Plan (SIP),the Arizona SIP, the California SIP, theHawaii SIP, and the Nevada SIP. Theproposed rule was published in the Federal Register on July 25, 1996. These corrections concern the deletion from the SIPs ofa variety ofadministrative provisions concerning variances, hearing board procedures, and fees. The intended effect of promulgating these corrections tothe SIPs isto delete the above referenced rules and make the SIPs consistent with the requirements ofthe Clean AirAct,

as amended in 1990 (CAA or "the Act"), regarding EPA action on SIP submittals and SIPs for national primary and secondary ambient airquality standards. EFFECTIVE DATE: Thisrule iseffective on July 28, 1997. ADDRESSES: Copies oftherules being deleted are available for public inspection atEPA's Region IXoffice during normal business hours. Copies of the rules are also available for inspection atthe 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, SanFrancisco, CA 94105, Telephone: (415)744-1184.
SUPPLEMENTARY INFORMATION:

I. Public Inspection
Arizona Department ofEnvironmental Quality, P.O. Box 600, Phoenix, CA 85001-0600, Coconino County AirPollution Control District, 1515 East CedarAvenue, Flagstaff,AZ 86004 Maricopa County, Environmental Services Department, 2406 S. 24th Street, SuiteE-214, Phoenix, AZ 85034 Pima County Department of Environmental Quality, 130 West Congress Street, 3rd Floor, Tucson,
AZ 85701-1317 Pinal County Air Quality Control District, P.O. Box987, Florence, AZ 85232 California Air Resources Board Stationary Source Division, Rule Evaluation Section, 2020 "L" Street, Sacramento, CA95814 Amador County AirPollution Control District, 500 Argonaut Lane, Jackson, CA95642 Bay Area Air Quality Management District, 939 Ellis Street, San Francisco, CA 94109 Butte County Air Quality Management District, 2525 Dominic Drive, Chico, CA 95928 Calaveras County AirPollution Control District, 891 Mountain Ranch Road, San Andreas, CA 95249-9709 Colusa County Air Pollution Control District, 100 SunriseBlvd., SuiteF, Colusa,CA 95932 Glenn County AirPollution Control District, P.O. Box 351, Willows, CA 95988 Great Basin Unified AirPollution Control District, 157 Short Street, Suite 6, Bishop, CA93514 Imperial County Air Pollution Control District, 150 South Ninth Street, El Centro,CA 92243-2801 Kern County (SoutheastDesert) Air Pollution Control District, 2700M. Street, Suite 290, Bakersfield, CA 93301 Lake County Air QualityManagement District, 883 Lakeport Blvd., Lakeport, CA95453 Lassen County Air Pollution Control District, 175 Russell Avenue, Susanville, CA96130 Mariposa County AirPollution Control District, P.O. Box 2039,Mariposa, CA95338 Mendocino County Air Quality Management District, 306 E.Gobbi Street, Ukiah, CA95482 Modoc County AirPollution Control District, 202W. Fourth Street, Alturas, CA96101 Mojave Desert AirQuality Management District, 15428 Civic Drive, Suite 200, Victorville,CA 92392 Monterey Bay Unified Air Pollution Control District,24580 Silver Cloud Ct., Monterey, CA93940 Northern Sierra AirQuality Management District, P.O.Box 2509 Grass Valley, CA 95945 North Coast Unified Air Quality Management District, 2389 Myrtle Avenue,Eureka, CA 95501 Northern Sonoma County AirPollution Control District, 109 North Street, Healdsburg, CA95448 PlacerCounty Air Pollution Control District, 11464B Avenue, Auburn, CA95603 Sacramento Metropolitan Air Quality Management District, 8411 Jackson Road, Sacramento, CA 95826 San Diego County AirPollution Control District, 9150 Chesapeake Drive,
San Diego,CA 92123-1096 SanJoaquin Valley Unified Air Pollution Control District (Formerly:Fresno County APCD, Kern County APCD, KingsCounty APCD,Madera County APCD, Merced County APCD, San Joaquin County APCD, Stanislaus County APCD, and Tulare County APCD), 1999 Tuolumne Street, Suite 200, Fresno, CA 93721 

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San Luis Obispo Air Pollution Control District, 2156 Sierra Way, Suite B, San Luis Obispo, CA 93401 Santa Barbara CountyAir Pollution Control District,26 Castilian Drive, B-23, Goleta, CA93117 Shasta CountyAir QualityManagement District, 1640West Street, Redding, CA 96001 South Coast Air Quality Management District, 21865 E. Copley Drive, Diamond Bar, CA91765 Sutter County Air Pollution Control District (Now Feather RiverAir Quality Management District), 938 14th Street, Marysville, CA 95901 Tehama County Air Pollution Control District, 1750Walnut Street,Red Bluff, CA96080 Tuolumne County Air Pollution Control District, 2 South Green Street, Sonora, CA 95370 Ventura CountyAir Pollution Control District, 669 County Square Drive, Ventura, CA 93003 Yolo-Solano Air QualityManagement District, 1947 Galileo Court, Suite 103, Davis, CA 95616 Hawaii Department ofHealth, Environmental Management Division, P.O. Box 3378, Honolulu,
HI 96801 American SamoaEnvironmental Quality Commission, Governor's Office, Pago Pago, American Samoa 96799 Nevada Division ofEnvironmental, Protection, 333 West Nye Lane, Carson City, NV89710 Clark County Air Pollution Control Division, P.O. Box 4426, LasVegas, NV 89127

II.Applicability

Therules being deleted from the American Samoa, Arizona, California, Hawaii, and Nevada SIPs include administrative provisions concerning variances, hearingboard procedures, and fees. These rules were submitted by therespective state agencies toEPA priorto the Clean Air Act amendments of 1990. Therules and statutes being deleted from each SIPwere listed in the proposed rule published in the Federal Register on July 25, 1996 (61 FR 38664).

III. Background

On July 25, 1996 in 61 FR38664, EPA proposed to delete various rules from the American Samoa, Arizona, California, Hawaii, and Nevada SIPs. EPA hasdetermined that therules tobe deleted from the above-referenced SIPs

were erroneously incorporated into the SIPs byEPA. In addition, the variance provisions were rendered without legal effect by amendments to the Clean Air Act enacted by Congress in 1977. In addition, the presence ofthese provisions in the SIPs ispotentially confusing, and thus, harmfulto the regulated community, the states and EPA.

IV. Response to Public Comments

A 30-day public comment period was provided in 61 FR38664. EPAreceived three comments, one from theArizona Department ofEnvironmental Quality (ADEQ), the second from the Pinal County Air Quality Control District (PCAQCD)in Arizona, and thethird from the Mojave Desert Air Quality Management District (MDAQMD)in California. Comment:The ADEQ commented that they agreed that improvements must be made to Arizona's SIP,but they opposed the proposed action because EPAfailed
to coordinate with the Stateorthe local airpollution control agencies in Arizona. The ADEQ alsoobjected to the piecemeal repeal ofportions ofthe SIP.

Response:EPA hasevaluated the
comment and agrees that itwas an oversight not to communicate this action to each State and local agency priorto itsbeingpublished in the Federal Register. WhileEPA hasno legal obligation to do so, such communication is appropriate to maintain good working relationships between the State and Federal agencies. EPA has sincecontacted theADEQ and apologized for not communicating its intention toupdate the SIP and explained thatEPA isin the process of evaluating other types ofupdates as well. As a result,EPA isproceeding with thedeletion ofthese provisions from the Arizona SIP. Comment:The PCAQCD commented that they endorse EPA's proposed repeal ofparts ofthe Arizona SIP.In aprevious letter to EPA, thePCAQCD expressly asked that the subject provisions be deleted as SIP elements.

Response:EPA agrees with this
comment and is proceedingwith the deletion ofthese provisions from the Arizona SIP. Comment:The MDAQMDcommented that they support EPA's action to delete rules relatingto variances from the SIP. They noted some errors in the titles and numbers ofthe rules proposed tobe deleted. TheMDAQMD requested that additional rules be deleted that were originally submitted for the South Coast Air Quality Management District (SCAQMD). Atone time the SCAQMD included thePalo Verde/Blythe area of Riverside County. Since the approval of these rules into the SIP, thePalo Verde Valley/Blythe area has been added to thejurisdiction oftheMDAQMD.

Response:While this comment was received after theclose ofthe comment period, EPA believes it includes important information that should be considered inthis rulemaking. EPA agrees with theMDAQMD comment thatcertain rules listed inthe proposal

were numbered incorrectly and will delete therules ascorrectly numbered by theMDAQMD. The SCAQMD rules thatpertain to thePalo Verde/Blythe

area ofRiverside County cannot be deleted in this final action because they

were not proposed for deletion in the proposed rule published onJuly 25, 1996. EPA will evaluate these rules and determine ifthey can be deleted in a future action.

V. EPA Action

EPA hasreviewed therules previously incorporated into the American Samoa, Arizona, California, Hawaii, and Nevada SIPs and has determined thattherules were approved in error. These rules include administrative provisions regarding variances, hearing board procedures, and feeprovisions. These rules were listed in Table 1in theproposed rule. Therefore,EPA is deleting the rules fromthese SIPs under section 110(k)(6) ofthe Act, which gives EPAthe authority torevise existing SIPs by removing rules without additional State submission to correct an error.

Nothingin this action should be construed as permitting or allowing or establishing aprecedent for any future request forrevision to any state implementation plan. Each request for revision to the state implementation plan shallbe considered separately in lightofspecific technical, economic, and environmental factors and in relation torelevant statutory and regulatory requirements.

VI.Administrative Requirements

A. Executive Order12866

This action has been classified as a Table 3 action for signature by the Regional Administrator underthe procedures published in theFederal Register on January 19, 1989 (54FR 2214-2225), asrevised by aJuly 10, 1995 memorandum fromMary Nichols, AssistantAdministrator for Air and Radiation. The Office ofManagement and Budget (OMB) hasexempted this regulatory action from E.O. 12866 review.

B. RegulatoryFlexibilityAct

Under the Regulatory Flexibility Act, 5U.S.C. 600 etseq., EPAmust prepare

aregulatory flexibility analysis assessing the impactofany proposed or finalrule on small entities. 5 U.S.C. 603 and 604. Alternatively, EPAmay certify

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that therule will not have a significant impact on asubstantial number ofsmall entities. Small entities include small businesses, smallnot-for-profit enterprises, and government entities withjurisdiction over populations of less than 50,000.

SIP approvals under section 110and subchapter I,part Dofthe Clean Air Act do not create any newrequirements but simply approve requirements that the Stateis already imposing.Therefore, because the Federal SIP approval does
not impose any new requirements, the Administrator certifies thatit does not have a significant impact on any small entities affected. Moreover, due to the
nature oftheFederal-State relationship under the CAA, preparation ofa flexibility analysis would constitute Federal inquiry into the economic reasonableness ofstate action. The Clean AirAct forbids EPA tobase its actions concerning SIPs on such grounds. UnionElectricCo. v. U.S. EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).

C. UnfundedMandates

Under Section 202 ofthe 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 aFederal mandate that may result in estimated costs to State, local, ortribal governments in the aggregate; ortoprivate sector, of$100 million ormore. Under section 205, EPA must select themost cost-effective and leastburdensome alternative that achieves the objectives oftherule and is consistent with statutory requirements. Section 203 requires EPA
to establish a plan for informingand advising any smallgovernments that may be significantly oruniquely impacted by therule.

EPA has determined that theapproval action promulgated does not include a Federal mandate thatmay result in estimated costs of$100 million ormore to either State, local, ortribal governments in the aggregate, orto the private sector. This Federal action approves pre-existing requirements under State orlocal law, and imposes

no new Federalrequirements. Accordingly, no additional costs to State, local, ortribal governments, orto theprivate sector,result from this action.

D.Submission to Congressandthe General Accounting Office
Under 5U.S.C. 801(a)(1)(A) ofthe Administrative Procedure Act (APA) as amended by the Small Business Regulatory Enforcement Fairness Act of 1996, EPA submitted a report containing this rule and other required information
to theU.S. Senate, theU.S. House of Representatives and the Comptroller General ofthe General Accounting Office priortopublication oftherule in today's Federal Register. This rule is
not a "major" asdefined by 804(2) of the APA as amended.

E. Petitionsfor JudicialReview
Under section 307(b)(1) oftheClean Air Act, petitions forjudicial review of this action must be filed in theUnited States Court ofAppeals for the appropriate circuitby August 26, 1997. Filing apetition for reconsideration by the Administrator ofthis finalrule does
not affectthe finality ofthis rule for the
purposes ofjudicial review nor does it extend thetime within which apetition forjudicial review may be filed, and shallnot postponethe effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).)

ListofSubjects in40 CFRPart52

Environmental protection, Air pollution control, Carbon monoxide, Hydrocarbons, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Volatile organic compounds.

Note: Incorporation byreference ofthe State Implementation Planfor the Stateof California was approved bythe Director of the Federal Register onJuly 1, 1982.

Dated: June 15, 1997. Felicia Marcus, RegionalAdministrator.

Part 52, chapter I, title40 ofthe Code ofFederalRegulations is amended as follows:

PART52-[AMENDED]

1.The authority citation for part 52 continues to read asfollows:

Authority:42U.S.C. 7401 7671q.
Subpart D-Arizona

2. Section 52.120 is amended by addingparagraphs (c)(3)(i), (c)(18)(i)(A), (c)(18)(iv)(A), (c)(38)(i)(C), (c)(50)(ii)(C), (c)(51)(i)(B), and (c)(52)(ii)(B) toread as follows:
§52.120 Identificationofplan.

* * * * *

(c)* * * (3)* * * (i) Maricopa County Bureau ofAir Pollution Control. (A) Previously approved on September 22, 1972 and now deleted withoutreplacement Rules 60 to 67.

* * * * *

(18)* * * (i) * * * (A) Previously approved on November 15, 1978 and now deleted without replacement Rules 12-7-2, 12-7-3, 12- 7-5, and 12-7-6.

* * * * *

(iv) * * * (A) Previously approved on November 15, 1978 and now deleted without replacement Rules 7-1-4.1 to 7-1-4.2 and 7-1-5.1 to 7-1 5.6.

* * * * *

(38) * * * (i) * * * (C)Previously approved on April 16, 1982 and now deleted without replacement Rules 141, 143 to 147, 702, and 711 to 714.

* * * * *

(50) * * * (ii) * * * (C)Previously approved on June 18, 1982 and now deleted without replacement Statutes 36-781, 36-782, 36-784, 36-784.01 to 36-784.04, 36- 785, 36-785.01, and 36-786 to 36-788.

* * * * *

(51)* * * (i) * * * (B) Previously approved on April 16, 1982 and now deleted without replacement Rule 142.

* * * * *

(52) * * * (ii) * * * (B) Previously approved on June 18, 1982 and now deleted without replacement Statutes 36-1709 to 36- 1712, 36-1712.01 to 36-1712.04, 36- 1713, 36-1713.01, and 36-1714 to36- 1716.

* * * * *

Subpart F-California

3. Section 52.220 is amended by addingparagraphs (b)(1) through (b)(3), (c)(6)(i)(B), (c)(6) (ii) through (xiv), (c)(21)(vi)(B), (c)(21)(ix)(C), (c)(21)(xiv)(B), (c)(24)(vi)(C), (c)(24)(vii)(D), (c)(24)(ix)(C), (c)(25)(i)(E), (c)(25)(ii)(D), (c)(25)(iv)(B), (c)(26)(iv)(C), (c)(26)(vii)(B), (c)(26)(viii)(C), (c)(26)(xvi)(D), (c)(26)(xvii) (B) and (C), (c)(27)(vii)(B), (c)(28)(iv)(B), (c)(30)(x)(B), (c)(31)(i)(F), (c)(31)(xiii)(B), (c)(31)(xviii)(D), (c)(32)(ii)(B), (c)(32)(iii)(E), (c)(32)(iv)(D), (c)(32)(iv)(E), (c)(35)(iii)(C), (c)(35)(v)(B), (c)(35)(vi)(C), (c)(35)(xii)(F), (c)(35)(xiii)(C), (c)(35)(xiv)(E), (c)(35)(xv)(E), (c)(35)(xvi)(C), (c)(35)(xvii)(D), 

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(c)(37)(iv)(D), (c)(37)(v)(C), (c)(39)(ii)(F), (c)(39)(iii)(F),(c)(39)(iv)(F), (c)(39)(vii)(C), (c)(39)(viii)(C), (c)(39)(ix)(B), (c)(39)(x)(B), (c)(41)(ii)(D), (c)(41)(ix)(C), (c)(41)(x) (B) and (C), (c)(41)(xii)(B), (c)(42)(i)(E), (c)(42)(iii)(C), (c)(42)(xiii)(D), (c)(42)(xiv)(C), (c)(44)(iv)(C), (c)(44)(v)(B), (c)(45)(iii)(B), (c)(50)(i)(B), (c)(50)(ii)(B), (c)(50)(iii)(B), (c)(50)(iv)(B), (c)(50)(v)(B), (c)(51)(i)(C), (c)(51)(iii)(B), (c)(51)(iv)(B), (c)(51)(v)(B), (c)(51)(vi)(B), (c)(51)(vii)(D), (c)(51)(viii) (D)and (E), (c)(51)(ix)(D), (c)(51)(xii)(C), (c)(51)(xiii)(B), (c)(51)(xv)(C), (c)(51)(xvi)(B), (c)(51)(xx)(B), (c)(52)(iv) (D)and (E), (c)(52)(ix)(C), (c)(52)(xi)(B), (c)(52)(xii)(B), (c)(52)(xv)(C), (c)(52)(xix)(C), (c)(54)(iii)(B), (c)(54)(iv)(D), (c)(58)(ii)(C), (c)(74)(i)(B), (c)(87)(vi)(B), (c)(88)(i)(D), (c)(89)(vi)(B), (c)(92)(ii)(D), (c)(93)(iv)(C), (c)(95)(v)(C), (c)(96)(iii)(B), (c)(98)(i)(D), (c)(101)(ii)(E), (c)(103)(ii)(D), (c)(103)(iv)(E), (c)(103)(vi)(B), (c)(103)(vii)(B), (c)(103)(viii)(B), (c)(103)(ix)(B), (c)(103)(x)(B), (c)(103)(xii)(C), (c)(103)(xiv)(B), (c)(103)(xvii)(B), (c)(103)(xviii)(B), (c)(124)(iii)(B), (c)(124)(v)(C), (c)(124)(vi)(C), (c)(124)(vii)(C), (c)(124)(viii)(C), (c)(124)(ix)(C), (c)(124)(x)(C), (c)(125)(iv)(B), (c)(125)(vi)(B), (c)(126)(i)(C), (c)(126)(iii)(C), (c)(126)(v)(C), (c)(127) introductory text, (c)(127)(iii)(B), (c)(127)(vi)(B), (c)(127)(vii)(D), (c)(137)(ii)(D), (c)(137)(iv)(C), (c)(137)(vii)(C), (c)(137)(viii)(B), (c)(138)(v)(D), (c)(140)(i)(C), (c)(153)(ii)(C), (c)(154)(i)(C), (c)(154)(iii)(C), (c)(159)(iii)(B), (c)(168)(i)(A)(3), (c)(168)(i)(E)(3), (c)(171)(i)(D)(5), and (c)(177)(i)(D)(2) to read as follows:
§52.220 Identificationofplan.

* * * * *

(b)* * * (1) Mendocino County APCD. (i) Previously approved on May 31, 1972 and now deleted without replacement PartsXI, XII, and PartXIII.

(2) Placer County APCD. (i) Previously approved on May 31, 1972 and now deleted without replacement Rule 42 (Mountain Counties Air Basin), Rules 40 and 42 (LakeTahoe AirBasin).

(3) Tehama County APCD. (i) Previously approved on May 31, 1972 and now deleted without replacement Rule 5.1.

* * * * *

(c) * * * (6)* * * (i) * * * (B) Previously approved on September 22, 1972 and now deleted without replacement Rules44, 75, 77 to 80, 82to 84, and 86 to91.

(ii) Calaveras CountyAPCD. (A) Previously approved on September 22, 1972 and now deleted without replacement Rule 305. (iii)Colusa County APCD. (A)Previously approved on September 22, 1972 and now deleted without replacement Rules 3.1 and 5.1 to 5.17. (iv)Fresno County APCD. (A) Previously approved on September 22, 1972 and now deleted without replacement Rules 501, 502, 504, 506, 508 to512, 514, 516, and 517. (v) Glenn County APCD. (A) Previously approved on September 22, 1972 and now deleted without replacement Rules 111, 113 to 117, 119 to 125, and 150.

(vi) Kern County APCD(including Southeast Desert).

(A) Previously approved on September 22, 1972 and now deleted without replacement Rules 502, 505 to 510, 512 to 515, and 517. (vii)Kings County APCD. (A) Previously approved on September 22, 1972 and now deleted without replacement Rules 502 to509, 511 to 517. (viii)Lassen County APCD. (A) Previously approved on September 22, 1972 and now deleted without replacement Rules 1.5, 3.1 and 5.1 to 5.17. (ix)Madera County APCD. (A) Previously approved on September 22, 1972 and now deleted without replacement Rules 507 to510 and 512 to517.

(x) Merced County APCD. (A) Previously approved on September 22, 1972 and now deleted without replacement Rules 502, 503, 506 to 510, and 512 to517. (xi)Modoc County APCD. (A) Previously approved on September 22, 1972 and now deleted without replacement Rules 1.5 and 4.1
to 4.17. (xii) San Joaquin County APCD. (A) Previously approved on September 22, 1972 and now deleted without replacement Rules 502 and 506
to 509. (xiii)Stanislaus CountyAPCD. (A) Previously approved on September 22, 1972 and now deleted without replacement Rules 303, 304, 502, 505 to 510 and 512to 517. (xiv)Tulare County APCD. (A) Previously approved on September 22, 1972 and now deleted without replacement Rules 303, 304, 501, 502, 506 to514, and 516 to 518.

* * * * *

(21) * * * (vi) * * * (B) Previously approved on May 11, 1977 and now deleted without replacement Rule 41.

* * * * *

(ix) * * * (C)Previously approved on August 22, 1977 and now deleted without replacement Rule 510.
* * * * *

(xiv) * * * (B) Previously approved on June 14, 1978 and now deleted without replacement Rules 4.4, 4.5, 5.2, 5.3, 5.5, 5.7to 5.9, and 5.13to 5.17.

* * * * *

(24) * * * (vi)* * * (C)Previously approved on August 22, 1977 and now deleted without replacement Rules 4.2 to 4.4,4.8 to 4.10, 4.15, and 4.23. (vii) * * * (D) Previously approved on August 22, 1977 and now deleted without replacement Rule 516 (including Southeast Desert).

* * * * *

(ix) * * * (C)Previously approved on June 14, 1978 and now deleted without replacement Rules 5.6 and 5.12.

* * * * *

(25) * * * (i) * * * (E)Previously approved on August 22, 1977 and now deleted without replacement Rule 505. (ii) * * * (D) Previously approved on August 22, 1977 and now deleted without replacement Rules 504,505, 510, 512to 518, and 520.

* * * * *

(iv) * * * (B) Previously approved on August 22, 1977 and now deleted without replacement Rule 503 to 505, 515, and 519.

* * * * *

(26) * * * (iv) * * * (C)Previously approved on May 11, 1977 and now deleted without replacement Rules 118 and 122.1 to 122.3.

* * * * *

(vii) * * * (B) Previously approved on August 22, 1977 and now deleted without replacement Rules 503, 507, 513, and 515.

(viii) * * * (C)Previously approved on August 22, 1977 and now deleted without replacement Rules 601, 602, 604to 609, 611 to 616, and 618.

* * * * *

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(xvi) * * * (D) Previously approved on June 14, 1978 and now deleted without replacement Rules 705 to 709.

(xvii) * * * (B) Previously approved onJune 14, 1978 and now deleted without replacement Rules 701, 707, 711 to714, and 716 (Mountain Counties AirBasin).

(C) Previously approved onJune 14, 1978 and now deleted without replacement Rules 701, 705, 707, 711 to 714, and 716 (Lake Tahoe AirBasin).

* * * * *

(27) * * * (vii)* * * (B) Previously approved onJune 14, 1978 and now deleted without replacement Rules 701 to 703, 705 to 709, and 712 to 716.

* * * * *

(28) * * * (iv) * * * (B) Previously approved on August 22, 1977 and now deleted without replacement Rules 701, 704 to 709, 711
to 714, and 716.

* * * * *

(30) * * * 

### (x)* * * (B) Previously approved onJune 14, 1978 and now deleted without replacement Rules 501, 502, 506 to509, 511 to 518, 801, 803 to 804, 807 to 811, 813 to 815, and 817.

* * * * *

(31)* * * (i) * * * (F) Previously approved on June 6, 1977 and now deleted without replacement Rules 600 to 615 and 800
to 817.

(xiii) * * * (B) Previously approved on August 15, 1977 and now deleted without replacement Rule 43.

* * * * *

(xviii) * * * (D) Previously approved on January 24, 1978 and now deleted without replacement Rules 705 to 709 and 712
to 716.

* * * * *

(32) * * * (ii) * (B) Previously approved on August 22, 1977 and now deleted without replacement Rules 501, 404, and 511.

(iii) * * * (E)Previously approved on June 14, 1978 and now deleted without replacement Rules 105, 501, and 504.

(iv) * * * (D) Previously approved on June 14, 1978 and now deleted without replacement Rules 504, 505, 510, 802, 805, 806, 812, and 816. (E)Previously approved on June 14, 1978 and now deleted without replacement. (1) Los Angeles County APCDRule 505. (2) Riverside County APCDRule 505. (3) San Bernardino CountyAPCD Rule 505.
* * * * *

(35) * * * (iii) * * * (C)Previously approved on August 15, 1977 and now deleted without replacement Rules 115 to 119, 112, and 128 to 129.

(v) * * * (B) Previously approved on October 4, 1977 and now deleted without replacement Rules 501.

(vi) * * * (C)Previously approved on September 21, 1976 and now deleted without replacement Rules 105 and 305.

* * * * *

(xii)* * * (F)Previously approved on August 4, 1978 and now deleted without replacement Rules 801 to 817. (xiii)* * * (C)Previously approved on March 22, 1978 and now deleted without replacement Rules 105, 501, 504, and 511 (including Southeast Desert). (xiv) * * * (E)Previously approved on August 2, 1978 and now deleted without replacement Rules 340,510, and 620to 650.

(xv)* * * (E)Previously approved on November 7, 1978 and now deleted without replacement rules 510, 620, 640, and 650.

(xvi)* * * (C)Previously approved on August 16, 1978 and now deleted without replacement Rules 340,510, 600, 610, 620, 630, 640, and 650.

(xvii) * * * (D)Previously approved on August 2, 1978 and now deleted without replacement Rules 340,510, and 620to 650.

* * * * *

(37) * * * (iv)* * * (D)Previously approved on August 4, 1978 and now deleted without replacement Rules 300, 800, 1600, 1601, 1610 to 1612, 1620, 1700 to 1701, 1710
to 1714, 1720to 1725, 1730to 1736, and Tables Ito V. (v) * * * (C)Previously approved on December 6, 1979 and now deleted without replacement Rules 601 to 605, 700 to 704, and 705 to 716.

* * * * * (39) * * * (ii) * * * (F) Previously approved on September 8, 1978 and now deleted without replacement Rules 503 to 508, 510to 516, 518, and 801 to 817.

(iii)* * * (F) Previously approved on September 8, 1978 and now deleted without replacement Rules 502to 516, 518, and 801 to 817.

(iv) * * * (F) Previously approved on September 8, 1978 and now deleted without replacement Rules 503 to 516, 518, and 801 to 817.

* * * * *

(vii) * * * (C)Previously approved on June 6, 1977 and now deleted without replacement Rules 600, 603 and 610. (viii) * * * (C)Previously approved on September 14, 1978 and now deleted withoutreplacement Rules 601 to 602, 604to 609, and 611.

(ix) * * * (B) Previously approved on September 14, 1978 and now deleted withoutreplacement Rules 602 to 605, 700, and 710.



### (x) * * * (B) Previously approved on September 14, 1978 and now deleted withoutreplacement Rules 704, 710, and 711(A).

* * * * *

(41)* * * (ii) * * * (D) Previously approved on August 31, 1978 and now deleted without replacement Rules 77, 85, and 96.

* * * * *

(ix) * * * (C)Previously approved on November 7, 1978 and now deleted without replacement Rules 700,702, 703, 710, 715.



### (x)* * * (B) Previously approved on November 15, 1978 and now deleted without replacement Rules 703, 704, 708 to710, and 715 (Mountain Counties Air Basin).

(C)Previously approved on November 15, 1978 and now deleted without replacement Rules 603 to 605, 702to 704, 706,708 to 710, and 715 (Lake TahoeAir Basin).

* * * * *

(xii) * * * (B) Previously approved on November 14, 1978 and now deleted without replacement Rules 4.5 and 4.6.

* * * * *

(42) * * * (i) * * * (E)Previously approved on August 11, 1978 and now deleted without 

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replacement Rules 501 to 512 and 514
to 516.

* * * * *

(iii) * * * (C) Previously approved on August4, 1978 and now deleted without replacement Rules 105 and 501.

* * * * *

(xiii) * * * (D) Previously approved on December 21, 1978 and now deleted without replacement Rules 501, 502, and 509.

(xiv) * * * (C) Previously approved on December 21, 1978 and now deleted without replacement Rule 501.

* * * * *

(44) * * * (iv)* * * (C) Previously approved onJanuary 29, 1979 and now deleted without replacement Rule 5.1, 5.10 and 5.11.

(v)* * * (B) Previously approved onMarch 28, 1979 and now deleted without replacement Rule 503.

* * * * *

(45) * * * (iii) * * * (B) Previously approved onJuly 30, 1979 and now deleted without replacement Rules 76 and 97.

* * * * *

(50) * * * (i) * * * (B) Previously approved on October 31, 1980 and now deleted without replacement Rule 615.

(ii) * * * (B) Previously approved on October 31, 1980 and now deleted without replacement Rule 615.

(iii) * * * (B) Previously approved on October 31, 1980 and now deleted without replacement Rule 615.

(iv) * * * (B) Previously approved on October 31, 1980 and now deleted without replacement Rule 615.

(v)* * * (B) Previously approved on October 31, 1980 and now deleted without replacement Rules 320 and 615.

(51)* * * (i) * * * (C) Previously approved on August 11, 1980 and now deleted without replacement Rule 503 (including Southeast Desert).

* * * * *

(iii) * * * (B) Previously approved on October 31, 1980 and now deleted without replacement Rule 320.

(iv) * * * (B) Previously approved on October 31, 1980 and now deleted without replacement Rule 320. (v) * * * (B) Previously approved on October 31, 1980 and now deleted without replacement Rule 320. (vi) * * * (B) Previously approved on October 31, 1980 and now deleted without replacement Rule 320. (vii) * * * (D)Previously approved on September 28, 1981 and now deleted without replacement Rules 95 and 98. (viii)* * * (D)Previously approved on December 9, 1981 and now deleted without replacement Rules 301, 303 to 311, and 511. (E)Previously approved on June 18, 1982 and now deleted without replacement Rule 302. (ix) * * * (D)Previously approved on June 18, 1982 and now deleted without replacement Rule 519.

• * * * *

(xii) * * * (C)Previously approved on January 27, 1981 and now deleted without replacement Rule 501.1. (xiii)* * * (B) Previously approved on May 18, 1981 and now deleted without replacement Rules 210 to 211, 501 to 504, 506 to 512, 514 to 516, and 518. (xv) * * * (C)Previously approved on May 18, 1981 and now deleted without replacement Rule 404, 602, and 603. (xvi) * * * (B) Previously approved on January 26, 1982 and now deleted without replacement Rule 71.

• * * * *

(xx) * (B) Previously approved on June 18, 1982 and now deleted without replacement Rules 40, 110 to 114, 120
to 121, 123 to 126, and 130.

• * * * *

(52) * * * (iv)* * * (D)Previously approved on October 9, 1981 and now deleted without replacement Rule 302. (E)Previously approved on June 18, 1982 and now deleted without replacement Rule 519.

• * * * *

(ix) * * * (C)Previously approved on December 9, 1981 and now deleted without replacement Rules 301 and 302.

• * * * *

(xi) * * * (B) Previously approved on May 18, 1981 and now deleted without replacement Rules 605, 700 to 704, and 710 to 711. (xii) * * * (B) Previously approved on May 18, 1981 and now deleted without replacement Rule 404. (xv) * * * (C)Previously approved on December 9, 1981 and now deleted without replacement Rule 305.

• * * * *

(xix) * * * (C)Previously approved on January 26, 1982 and now deleted without replacement Rule 4.3.

• * * * *

(54) * * * (iii) * * * (B) Previously approved on May 18, 1981 and now deleted without replacement Rules 303 and 304. (iv) * * * (D) Previously approved on January 26, 1982 and now deleted without replacement Rule 5.4.

• * * * *

(58) * * * (ii) * * * (C)Previously approved on September 28, 1981 and now deleted withoutreplacement Rule 501.1.

• * * * *

(74) * * * (i) * * * (B) Previously approved on January 27, 1981 and now deleted without replacement Rule 517.

• * * * *

(87) * * * (vi)* * * (B) Previously approved on June 18, 1982 and now deleted without replacement Rule 74.

• * * * *

(88) * * * (i) * * * (D) Previously approved on December 9, 1981 and now deleted without replacement Rule 305.

• * * * *

(89) * * * (vi)* * * (B) Previously approved on April 13, 1982 and now deleted without replacement Rule 301 and Table VI.

• * * * *

(92) * * * (ii) * * * (D) Previously approved and now deleted without replacement Rules 601 and 702.

• * * * *

(93) * * * (iv)* * * (C)Previously approved on April23, 1982 and now deleted without replacement Rule 522.

• * * * *



### (95) * * *

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(v) * * * (C) Previously approved onJune 18, 1982 and now deleted without replacement Rule 301.
* * * * *

(96) * * * (iii) * * * (B) Previously approved onJanuary 26, 1982 and now deleted without replacement Rules 110 and 112.

* * * * *

(98) * * * (i) * * * (D) Previously approved on April 12, 1982 and now deleted without replacement Rules 5.0 to 5.17, 5.19, 6.0
to 6.7, and 7.0 to 7.2.

* * * * *

(101)* * * (ii) * * * (E)Previously approved on July 6, 1982 and now deleted without replacement Rule 305 (including Southeast Desert).
* * * * *

(103) * * * (ii) * * * (D) Previously approved on July 6, 1982 and now deleted without replacement Rule 42.

* * * * *

(iv) * * * (E)Previously approved on June 18, 1982 and now deleted without replacement Rule 42.

(vi) * * * (B) Previously approved on April 13, 1982 and now deleted without replacement Rules 300 and 310.

(vii) * * * (B) Previously approved on April 13, 1982 and now deleted without replacement Rules 300 and 310.

(viii) * * * (B) Previously approved on April 13, 1982 and now deleted without replacement Rules 300 and 310.

(ix) * * * (B) Previously approved on April 13, 1982 and now deleted without replacement Rules 300 and 310.



### (x)* * * (B) Previously approved on April 13, 1982 and now deleted without replacement Rules 300 and 310.

* * * * *

(xii)* * * (C) Previously approved onJune 18, 1982 and now deleted without replacement Rule 301.

* * * * *

(xiv)* * * (B) Previously approved onMay 27, 1982 and now deleted without replacement Rule 305.

(xvii) * * * (B) Previously approved onMay 27, 1982 and now deleted without replacement Rule 516. (xviii) * * * (B) Previously approved on July 6, 1982 and now deleted without replacement Rule 504.1.
* * * * *

(124) * * * (iii)* * * (B) Previously approved on November 10, 1982 and now deleted without replacement Rules 503 and 521.

* * * * *

(v)* * * (C)Previously approved on November 10, 1982 and now deleted without replacement Rule 503. (vi) * * * (C)Previously approved on November 10, 1982 and now deleted without replacement Rules 616 and 618. (vii) * * * (C)Previously approved on November 10, 1982 and now deleted without replacement Rules 616 and 618. (viii)* * * (C)Previously approved on November 10, 1982 and now deleted without replacement Rules 616 and 618. (ix) * * * (C)Previously approved on November 10, 1982 and now deleted without replacement Rules 616 and 618. 

### x) * * * (C)Previously approved on November 10, 1982 and now deleted without replacement Rules 616 and 618.

* * * * *

(125) * * * (iv) * * (B) Previously approved on November 10, 1982 and now deleted without replacement Rule 4.4.

* * * * *

(vi) * * * (B) Previously approved on November 10, 1982 and now deleted without replacement Rules 4.1 and 4.2.

* * * * *

(126) * * * (i) * * * (C)Previously approved on June 1, 1983 and now deleted without replacement Rule 70.

* * * * *

(iii) * * * (C)Previously approved on June 18, 1982 and now deleted without replacement Rule 302.

* * * * *

(v)* * * (C)Previously approved on June 1, 1983 and now deleted without replacement Rule 519.

* * * * *

(127) Revised regulations for the following APCDs submitted on February 3, 1983 bythe Governor's designee. (iii)* * * (B) Previously approved on November 18, 1983 and now deleted without replacement Rule 350.
* * * * *

(vi) * * * (B) Previously approved on November 18, 1983 and now deleted without replacement Rule 302. (vii) * * * (D) Previously approved on November 18, 1983 and now deleted without replacement Rule 303.
* * * * *

(137) * * * (ii) * * * (D) Previously approved on February 1, 1984 and now deleted without replacement Rules 305 and 519.
* * * * *

(iv) * * * (C)Previously approved on February 1, 1984 and now deleted without replacement Rule 40.
* * * * *

(vii) * * * (C)Previously approved on February 1, 1984 and now deleted without replacement Rule 502. (viii) * * * (B) Previously approved on February 1, 1984 and now deleted without replacement Rule 41.

* * * * *

(138) * * * (v) * * (D) Previously approved on November 18, 1983 and now deleted without replacement Rules 305 and 502to 503.
* * * * *

(140) * * * (i) * * * (C)Previously approved on May 3, 1984 and now deleted without replacement Rule 3-301.

* * * * *

(153) * * * (ii) * * * (C)Previously approved on December 5, 1984 and now deleted without replacement Rules 600 and 610.

* * * * *

(154) * * * (i) * * * (C)Previously approved on December 5, 1984 and now deleted without replacement Rules 600 and 610.

* * * * *

(iii) * * * (C)Previously approved on December 5, 1984 and now deleted without replacement Rules 601 and 602.

* * * * *

(159) * * * (iii)* * * (B) Previously approved on July 13, 1987 and now deleted without 

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replacement Rules 600 to 617 and 800
to 816.
* * * * *

(168)* * * (i) * * * (A)* * * (3) Previously approved onFebruary 3, 1987 and now deleted without replacement Rules 601 to 618, 620 to 621, and 801 to 802.

(E) * * * (3) Previously approved onFebruary 3, 1987 and now deleted without replacement Rules 5.2 to 5.3, 5.6 to 5.9, 5.11 to 5.12, 5.13, 5.15 to5.18, and 5.20
to 5.23.

* * * * *

(171) * * * (i) * * * (D)*** (5) Previously approved on April 12, 1989 and now deleted without replacement Rule 4.1.
* * * * *

(177) * * * (i) * * * (D)*** (2) Previously approved on April 16, 1991 and now deleted without replacement Rules 106, 501, 504 to506, and 519.

* * * * *


### Subpart M-Hawaii

4. Section 52.620 is amended by addingparagraphs (b)(1) and (c)(16)(i)(B) and revising paragraphs (c)(10)and (c)(14) to read as follows: 

### §52.620 Identificationofplan.

* * * * *

(b)* * * (1) Previously approved onMay 31, 1972 and now deleted without replacement Chapter43, Section 7.

(c) * * * (10) Previously approved on April 23, 1979 and now deleted without replacement: A variance to theHawaii Public Health Regulations, Chapter43, Section 7 (b)(5) submitted on September 12, 1978, by theGovernor.

* * * * *

(14) Previously approved on September 30, 1982 and now deleted without replacement: A variance ofthe Hawaii Public Health Regulations, Chapter 43, Section 8 (b)(1) submitted

on April 6, 1982, by the Governor.

* * * * *

(16)* * * (i) * * * (B) Previously approved on August 18, 1983 and now deleted without replacement Section 11-60-36.

* * * * * 

### Subpart DD-Nevada
5. Section 52.1470 is amended by addingparagraphs (b)(1),(c)(14)(ii)(A), (c)(16)(viii)(A), and (c)(24)(iv)(A) toread

as follows: §52.1470 Identificationofplan.

* * * * *



### (b)* * * 

### (1)Previously approved on May31, 1972 and now deleted without replacement Rules2.8 and2.11. (c)* * * (14) * * * 

### (i)* * * 

### (ii) * * * 

### (A) Previously approved on July 10, 1980 and now deleted without replacement Statutes 445.506, 445.511, 445.516, and 445.521.

* * * * *



### (16)* * * 

### (viii)* * * 

### (A) Previously approved on August 27,1981 and now deleted without replacement Section 9, Rules 9.2to9.3.

* * * * *



### (24) * * * 

### (iv)* * * 

### (A) Previously approved on June 18, 1982 and now deleted without replacement Section 7, Rules 7.1 to7.19 and Section 9, Rule9.1.

* * * * *


### Subpart DDD-American Samoa

6.Section 52.2820 is amended by addingthe followingparagraph (b)(1) to read as follows: §52.2820 Identificationofplan.

* * * * *



### (b)* * * 

### (1)Previously approved on May31, 1972 and now deleted without replacement Chapter 35.01, Section 35.0113 oftheEnvironmental Quality Act. [FRDoc.97 16650Filed6 26 97;8:45 am]

BILLING CODE 6560-50-U



### FEDERAL COMMUNICATIONS COMMISSION

47CFR Chapter I [General DocketNo96-113;FCC97-164]

Section 257Proceeding To Identifyand Eliminate Market EntryBarriers for Small Businesses
AGENCY:Federal Communications Commission. ACTION: Policy statement.
SUMMARY: The attached Report summarizes the Commission's implementation ofSection 257 ofthe Telecommunications Act of 1996 (1996 Act), which requires the Commission to identify and eliminate market entry barriers for entrepreneurs and small businesses in theprovision and ownership oftelecommunications services and information services orin theprovision ofparts or services to providers oftelecommunications services orinformation services. The Report addresses issues raised by the

morethan 80 entities that filed comments, describes the Commission's policies to foster smallbusiness opportunities in the telecommunications industry, and explains agency-wide smallbusiness initiatives thatthe Commission has undertaken since enactment ofthe 1996 Act, as well as steps thatthe Commission intends to take in the future. TheReport also describes the Commission's comprehensive study of theparticipation ofsmallbusinesses andbusinesses owned by women or minorities in thetelecommunications market. Through this Report the Commission reaffirms itscommitment
to achieving the policy goals ofSection 257; toeliminate market entrybarriers for smallcommunications businesses. ADDRESSES: Thecomplete text ofthis report is available forinspection and copyingduring normal business hours in theFCCReference Center (room 239), 1919 M Street, N.W., Washington, D.C. FOR FURTHER INFORMATION CONTACT: Office ofGeneral Counsel: Linda L. Halleror Sheryl Wilkerson, at (202) 418-1720. Office ofCommunications Business Opportunities: Catherine K. Sandoval orVivian Keller, at (202)418- 0990. SUPPLEMENTARY INFORMATION: This isa synopsis ofthe Commission's Report which was adopted on May 8, 1997 and released on May 8, 1997. The complete
text ofthis report alsocan be obtained on-line at theFCC'sInternet Home Page
atwww.fcc.gov., and may bepurchased fromthe Commission's copycontractor, International Transcription Service (202)857-3800, 2100M Street,N.W., Suite 140, Washington, D.C.20037.


### I.IntroductionandStatementofPolicy

1. Section 257 ofthe Telecommunications Act of 1996 (Telecommunications Act or 1996 Act)' requires the Commission to identify and eliminate "market entry barriers for entrepreneurs and other small businesses in theprovision and ownership oftelecommunications

1Telecommunications Actof 1996, Pub.L.No. 104 104, 110 Stat. 56 (1996),Section 257.

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