Federal Register / Vol. 66, No. 91 / Thursday, May 10, 2001 / Rules and Regulations 23849

(7) Signatures of officials from both

the State and the FHWA and date

executed.

(c) The STD may use an electronic

version of the modification of project

agreement as provided by the FHWA.

§ 630.112 Agreement provisions.

(a) The State, through its

transportation department, accepts and

agrees to comply with the applicable

terms and conditions set forth in title

23, U.S.C., the regulations issued

pursuant thereto, the policies and

procedures promulgated by the FHWA

relative to the designated project

covered by the agreement, and all other

applicable Federal laws and regulations.

(b) Federal funds obligated for the

project must not exceed the amount

agreed to on the project agreement, the

balance of the estimated total cost being

an obligation of the State. Such

obligation of Federal funds extends only

to project costs incurred by the State

after the execution of a formal project

agreement with the FHWA.

(c) The State must stipulate that as a

condition to payment of the Federal

funds obligated, it accepts and will

comply with the following applicable

provisions:

(1) Project for acquisition of rights-ofway. In the event that actual

construction of a road on this right-ofway is not undertaken by the close of

the twentieth fiscal year following the

fiscal year in which the project is

authorized, the STD will repay to the

FHWA the sum or sums of Federal

funds paid to the transportation

department under the terms of the

agreement. The State may request a time

extension beyond the 20-year limit with

no repayment of Federal funds, and the

FHWA may approve this request if it is

considered reasonable.

(2) Preliminary engineering project. In

the event that right-of-way acquisition

for, or actual construction of, the road

for which this preliminary engineering

is undertaken is not started by the close

of the tenth fiscal year following the

fiscal year in which the project is

authorized, the STD will repay to the

FHWA the sum or sums of Federal

funds paid to the transportation

department under the terms of the

agreement. The State may request a time

extension for any preliminary

engineering project beyond the 10-year

limit with no repayment of Federal

funds, and the FHWA may approve this

request if it is considered reasonable.

(3) Drug-free workplace certification.

By signing the project agreement, the

STD agrees to provide a drug-free

workplace as required by 49 CFR part

29, subpart F. In signing the project

agreement, the State is providing the

certification required in appendix C to

49 CFR part 29, unless the State

provides an annual certification.

(4) Suspension and debarment

certification. By signing the project

agreement, the STD agrees to fulfill the

responsibility imposed by 49 CFR

29.510 regarding debarment,

suspension, and other responsibility

matters. In signing the project

agreement, the State is providing the

certification for its principals required

in appendix A to 49 CFR part 29.

(5) Lobbying certification. By signing

the project agreement, the STD agrees to

abide by the lobbying restrictions set

forth in 49 CFR part 20. In signing the

project agreement, the State is providing

the certification required in appendix A

to 49 CFR part 20.

Subpart C—[Removed and Reserved]

3. In part 630, remove and reserve

subpart C.

[FR Doc. 01–11810 Filed 5–9–01; 8:45 am]

BILLING CODE 4910–22–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD 13–01–008]

RIN 2115–AE46

Date Change for Special Local

Regulation (SLR), Seattle National

Maritime Week Tugboat Race

AGENCY: Coast Guard, DOT.

ACTION: Notice of change in

implementation.

SUMMARY: The Coast Guard announces a

change to the effective date for the

Seattle National Maritime Week Tugboat

Race Special Local Regulation (SLR) as

per 33 CFR 100.1306(c). This year’s

event will be held on Saturday, May

12th, 2001, necessitating this effective

date change.

DATES: 33 CFR 100.1306 is effective May

12, 2001, from 12 p.m. to 4:30 p.m.

Dated: May 3, 2001.

M.D. Dawe,

Commander, U.S. Coast Guard, Commander,

Group Seattle.

[FR Doc. 01–11847 Filed 5–9–01; 8:45 am]

BILLING CODE 4910–15–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[Region 2 Docket No. NY47–218,

FRL–6940–1]

Approval and Promulgation of

Implementation Plans; New York 15

and 9 Percent Rate of Progress Plans,

Phase I Ozone Implementation Plan

AGENCY: Environmental Protection

Agency.

ACTION: Final rule.

SUMMARY: The Environmental Protection

Agency (EPA) is approving a State

Implementation Plan revision submitted

by New York which is intended to meet

several Clean Air Act requirements.

Specifically, EPA is approving the 1990

base year ozone emission inventory (for

all ozone nonattainment areas in New

York); the 1996 and 1999 ozone

projection emission inventories; the

demonstration that emissions from

growth in vehicle miles traveled will

not increase total motor vehicle

emissions and, therefore, offsetting

measures are not necessary; the

photochemical assessment monitoring

stations network; and enforceable

commitments. EPA is also approving

New York’s 15 Percent Rate of Progress

Plan and the 9 Percent Reasonable

Further Progress Plan. The intended

effect of this action is to approve

programs required by the Clean Air Act

which will result in emission reductions

that will help achieve attainment of the

one-hour national ambient air quality

standard for ozone.

EFFECTIVE DATE: This rule will be

effective June 11, 2001.

ADDRESSES: Copies of the State’s

submittals are available at the following

addresses for inspection during normal

business hours:

Environmental Protection Agency,

Region 2 Office, Air Programs Branch,

290 Broadway, 25th Floor, New York,

NY 10007–1866.

New York State Department of

Environmental Conservation, Division

of Air Resources, 50 Wolf Road,

Albany, New York 12233.

Environmental Protection Agency, Air

and Radiation Docket and Information

Center, Air Docket (6102), 401 M

Street, SW., Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Kirk

J. Wieber, Air Programs Branch,

Environmental Protection Agency, 290

Broadway, 25th Floor, New York, NY

10007–1866, (212) 637–3381.

SUPPLEMENTARY INFORMATION:

23850 Federal Register / Vol. 66, No. 91 / Thursday, May 10, 2001 / Rules and Regulations

I. Background

On November 3, 1999 (64 FR 59706),

EPA proposed approval of New York’s

State Implementation Plan (SIP)

submittal of November 15, 1993,

September 4, 1997, and February 2,

1999. These SIP submittals address the

requirements for the one severe ozone

nonattainment area in New York, the

New York-Northern New Jersey-Long

Island Nonattainment Area. The New

York portion of the New York-Northern

New Jersey-Long Island Area is

composed of New York City and the

counties of Nassau, Suffolk,

Westchester, Rockland, and seven towns

in Orange County—Blooming Grove,

Chester, Highlands, Monroe, Tuxedo,

Warwick and Woodbury. The primary

focus of this Federal Register action is

the New York portion of the New YorkNorthern New Jersey-Long Island Area

(referred to as the New York Metro

Area).

The following Clean Air Act (CAA)

requirements were included in the

November 3, 1999 proposal: the 1990

base year emission inventory as revised

on February 2, 1999 (Volatile organic

compounds (VOC), Nitrogen oxides

(NOX) and Carbon monoxide (CO) for

areas designated nonattainment for

ozone since 1991 in New York); the

1996 and 1999 ozone projection

emission inventories; 15 Percent RateOf-Progress (ROP) and 9 Percent

Reasonable Further Progress (RFP)

Plans; contingency measures (EPA will

be acting on the contingency measures

in a separate Federal Register notice);

demonstration that emissions from

growth in vehicle miles traveled will

not increase motor vehicle emissions

and, therefore, offsetting measures are

not necessary; preliminary modeling

efforts completed before the submittal of

the 1-hour ozone attainment

demonstration; enforceable

commitments for Phase II of the 1-hour

ozone SIP development and approval

process as defined in EPA’s November

3, 1999 proposed approval;

photochemical assessment monitoring

stations network; and transportation

conformity budgets for 1996 and 1999.

EPA is approving these transportation

conformity budgets since they were

submitted as SIP revisions. However, it

should be noted that these budgets are

no longer used in conformity

determinations because New York has

since submitted budgets for 2002, 2005,

and 2007. On June 9, 2000 (65 FR

36690), EPA found these budgets to be

adequate for conformity purposes.

EPA has determined that New York

has satisfied EPA’s Phase I requirement

for the clean fuel fleet program and

Ozone Transport Commission NOX

Memoranda of Understanding.

A detailed discussion of the SIP

revisions and EPA’s rationale for

approving them is contained in the

November 3, 1999 proposal and will not

be restated here. The reader is referred

to the proposal for more details.

II. Public Comments

No comments were received in

response to EPA’s proposed action on

this New York SIP revision.

III. Enhanced Inspection and

Maintenance (I/M) Program

In EPA’s November 3, 1999 proposal,

EPA proposed to approve emission

credits for the 15 Percent ROP and 9

Percent RFP Plans, pending EPA’s

verification of New York’s enhanced

motor vehicle inspection and

maintenance (I/M) program’s

effectiveness.

On May 24, 1999 New York submitted

to EPA an enhanced I/M program

evaluation report/program effectiveness

demonstration. Following EPA’s

evaluation of the enhanced I/M program

effectiveness demonstration, the Agency

has determined that New York’s

enhanced I/M program will provide

adequate emission reductions compared

to the emission reductions credited in

the 15 Percent ROP and 9 Percent RFP

Plans. On May 7, 2001 at (66 FR 22922)

EPA approved New York’s enhanced I/

M program effectiveness demonstration.

Accordingly, the emission reduction

credits associated with New York’s

enhanced I/M program have been taken

into consideration in today’s approval of

New York’s 15 Percent ROP and 9

Percent RFP Plans.

IV. Conclusion

EPA has evaluated New York’s

submittals for consistency with the CAA

and Agency regulations and policy. EPA

is approving New York’s: 1990 base year

emission inventory as revised on

February 2, 1999 (VOC, NOX and CO for

areas designated nonattainment for

ozone since 1991 in New York); 1996

and 1999 ozone projection emission

inventories; photochemical assessment

monitoring station network;

demonstration that emissions from

growth in vehicle miles traveled will

not increase total motor vehicle

emissions; preliminary modeling efforts

completed before the submittal of the 1-

hour ozone attainment demonstration;

transportation conformity budgets for

1996 and 1999; and enforceable

commitments for Phase II of the 1-hour

ozone SIP development and approval

process. EPA is also approving the 15

Percent ROP and 9 Percent RFP Plans.

V. Administrative Requirements

Under Executive Order 12866 (58 FR

51735, October 4, 1993), this final action

is not a ‘‘significant regulatory action’’

and therefore is not subject to review by

the Office of Management and Budget.

This final 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 final 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

proposes to approve 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 (Public Law 104–4). For the

same reason, this final rule also does not

significantly or uniquely affect the

communities of tribal governments, as

specified by Executive Order 13084 (63

FR 27655, May 10, 1998). This final rule

will 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), because it

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 CAA.

This final rule also is not subject to

Executive Order 13045 (62 FR 19885,

April 23, 1997), because it is not

economically significant.

In reviewing SIP submissions, EPA’s

role is to approve state choices,

provided that they meet the criteria of

the CAA. 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 CAA. 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. As required by section 3 of

Executive Order 12988 (61 FR 4729,

February 7, 1996), in issuing this final

rule, EPA has taken the necessary steps

Federal Register / Vol. 66, No. 91 / Thursday, May 10, 2001 / Rules and Regulations 23851

to eliminate drafting errors and

ambiguity, minimize potential litigation,

and provide a clear legal standard for

affected conduct. EPA has complied

with Executive Order 12630 (53 FR

8859, March 15, 1988) by examining the

takings implications of the rule in

accordance with the ‘‘Attorney

General’s Supplemental Guidelines for

the Evaluation of Risk and Avoidance of

Unanticipated Takings’’ issued under

the executive order. 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. section 801 et seq., as added by

the Small Business Regulatory

Enforcement Fairness Act of 1996,

generally provides that before a rule

may take effect, the agency

promulgating the rule must submit a

rule report, which includes a copy of

the rule, to each House of the Congress

and to the Comptroller General of the

United States. EPA will submit a report

containing this rule and other required

information to the U.S. Senate, the U.S.

House of Representatives, and the

Comptroller General of the United

States prior to publication of the rule in

the Federal Register. This rule is not a

‘‘major’’ rule as defined by 5 U.S.C.

section 804(2). This rule will be

effective June 11, 2001.

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 July 9, 2001. 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, Hydrocarbons,

Intergovernmental relations, Nitrogen

oxides, Ozone, Reporting and

recordkeeping requirements, Volatile

organic compounds.

Dated: January 19, 2001.

William J. Muszynski,

Acting Regional Administrator, Region 2.

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 HH—New York

2. Section 52.1683 is amended by

adding new paragraph (h) to read as

follows:

§ 52.1683 Control strategy: Ozone.

* * * * *

(h)(1) The 1990 base year emission

inventory as revised on February 2,

1999 (Volatile organic compounds

(VOC), Nitrogen oxides (NOX) and

Carbon monoxide (CO) for areas

designated nonattainment for ozone

since 1991 in New York) is approved.

(2) The 1996 and 1999 ozone

projection year emission inventories

included in New York’s February 2,

1999 State Implementation Plan

revision for the New York portion of the

New York-Northern New Jersey-Long

Island nonattainment area are approved.

(3) The 1996 and 1999 conformity

emission budgets for the New York

portion of the New York-Northern New

Jersey-Long Island nonattainment area

included in New York’s February 2,

1999 State Implementation Plan

revision are approved.

(4) The photochemical assessment

monitoring stations network included in

New York’s February 2, 1999 State

Implementation Plan revision is

approved.

(5) The demonstration that emissions

from growth in vehicle miles traveled

will not increase total motor vehicle

emissions and, therefore, offsetting

measures are not necessary, which was

included in New York’s February 2,

1999 State Implementation Plan

revision for the New York portion of the

New York-Northern New Jersey-Long

Island nonattainment area is approved.

(6) The enforceable commitments to:

participate in the consultative process to

address regional transport; adopt

additional control measures as

necessary to attain the ozone standard,

meeting rate of progress requirements,

and eliminating significant contribution

to nonattainment downwind; identify

any reductions that are needed from

upwind areas for the area to meet the

ozone standard, included in New York’s

February 2, 1999 State Implementation

Plan revision for the New York portion

of the New York-Northern New JerseyLong Island nonattainment area are

approved.

(7) The 15 Percent Rate of Progress

Plan and the 9 Percent Reasonable

Further Progress Plan included in the

New York’s February 2, 1999 State

Implementation Plan revision for the

New York portion of the New YorkNorthern New Jersey-Long Island

nonattainment area are approved.

[FR Doc. 01–11835 Filed 5–9–01; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 62

[Region 2 Docket No. NY46–217a, FRL–

6977–2]

Approval and Promulgation of State

Plans For Designated Facilities; NY

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving the New

York supplementary submittal for

meeting EPA’s conditional approval of

the New York State Plan for regulating

existing MSW Landfills. The State Plan

establishes performance standards for

existing Municipal Solid Waste landfills

located in New York State and provides

for the implementation and enforcement

of those standards, which will reduce

the designated pollutants.

DATES: This direct final rule is effective

on July 9, 2001 without further notice,

unless EPA receives adverse comment

by June 11, 2001. If EPA receives such

comment, EPA will publish a timely

withdrawal in the Federal Register

informing the public that this rule will

not take effect.

ADDRESSES: All comments should be

addressed to: Raymond Werner, Chief,

Air Programs Branch, Environmental

Protection Agency, Region 2 Office, 290

Broadway, New York, New York 10007–

1866.

Copies of the state submittals are

available at the following addresses for

inspection during normal business

hours:

Environmental Protection Agency,

Region 2 Office, Air Programs Branch,

290 Broadway, 25th Floor, New York,

New York 10007–1866.

New York State Department of

Environmental Conservation, Division

of Air Resources, 50 Wolf Road, Albany,

New York 12233.

Environmental Protection Agency, Air

and Radiation Docket and Information

Center, Air Docket (6102), 401 M Street,

SW., Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT:

Craig Flamm, Air Programs Branch,

Environmental Protection Agency, 290

Broadway, 25th Floor, New York, New