20728 Federal Register / Vol. 72, No. 80 / Thursday, April 26, 2007 / Rules and Regulations 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

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

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

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

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T09–015 to read as 

follows: 

§ 165.T09–015 Safety zone; Port Pirate 

Festival Fireworks, Port Washington 

Harbor, Port Washington, WI. 

(a) Location. The following area is a 

temporary safety zone: All waters of 

Port Washington Harbor and Lake 

Michigan within the arc of a circle with 

a 1000-foot radius from the fireworks 

launch site located in position 43°23′07′′ 

N, 087°51′54′′ W (NAD 83). 

(b) Effective period. This regulation is 

effective from 8 p.m. to 11 p.m. (local), 

on June 2, 2007. 

(c) Regulations. (1) In accordance with 

the general regulations in section 165.23 

of this part, entry into, transiting, or 

anchoring within this safety zone is 

prohibited unless authorized by the 

Captain of the Port Lake Michigan, or 

his designated on-scene representative. 

(2) This safety zone is closed to all 

vessel traffic, except as may be 

permitted by the Captain of the Port 

Lake Michigan or his designated onscene representative. 

(3) The ‘‘on-scene representative’’ of 

the Captain of the Port is any Coast 

Guard commissioned, warrant or petty 

officer who has been designated by the 

Captain of the Port to act on his behalf. 

The on-scene representative of the 

Captain of the Port will be aboard either 

a Coast Guard or Coast Guard Auxiliary 

vessel. The Captain of the Port or his 

designated on-scene representative may 

be contacted via VHF Channel 16. 

(4) Vessel operators desiring to enter 

or operate within the safety zone shall 

contact the Captain of the Port Lake 

Michigan or his on-scene representative 

to obtain permission to do so. Vessel 

operators given permission to enter or 

operate in the safety zone must comply 

with all directions given to them by the 

Captain of the Port Lake Michigan or his 

on-scene representative. 

Dated: April 17, 2007. 

Bruce C. Jones, 

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

Port Lake Michigan. 

[FR Doc. E7–7948 Filed 4–25–07; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2006–0568; FRL–8305–1] 

Approval and Promulgation of Air 

Quality Implementation Plans; New 

Mexico; Albuquerque/Bernalillo 

County; Prevention of Significant 

Deterioration (PSD) and New Source 

Review 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The EPA is approving 

revisions to the State Implementation 

Plan (SIP) for the Albuquerque/ 

Bernalillo County, New Mexico, area 

that were adopted on December 14, 

2005, and submitted to EPA by the 

Governor of New Mexico on May 24, 

2006. The SIP revisions modify the PSD 

and Nonattainment New Source Review 

(NNSR) regulations in the SIP. They 

were submitted to make the area’s PSD 

and NNSR rules consistent with the 

Federal PSD and NNSR revised 

regulations, which were promulgated by 

EPA on December 31, 2002, (67 FR 

80186), and reconsidered with minor 

changes on November 7, 2003, (68 FR 

63021), (collectively, the ‘‘2002 New 

Source Review (NSR) Reform rules’’). 

The revisions include provisions for 

baseline emissions calculations, an 

actual-to-projected-actual methodology 

for calculating emissions changes, 

options for plantwide applicability 

limits, and recordkeeping and reporting 

requirements. The EPA is approving 

these revisions pursuant to section 110, 

part C, and part D of the Federal Clean 

Air Act. 

DATES: This final rule is effective on 

May 29, 2007. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

Number EPA–R06–OAR–2006–0568. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business information 

or other information the disclosure of 

which is restricted by statute. Certain 

other material, such as copyrighted 

material, is not placed on the Internet 

and will be publicly available only in 

hard copy form. Publicly available 

docket materials are available either 

electronically through 

www.regulations.gov or in hard copy at 

the Air Permits Section (6PD–R), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 700, Dallas, Texas 

75202–2733. The file will be made 

available by appointment for public 

inspection in the Region 6 Freedom of 

Information Act Review Room between 

the hours of 8:30 a.m. and 4:30 p.m. 

weekdays except for legal holidays. 

Contact the person listed in the FOR

FURTHER INFORMATION CONTACT

paragraph below to make an 

appointment. If possible, please make 

the appointment at least two working 

days in advance of your visit. There will 

be a 15 cent per page fee for making 

photocopies of documents. On the day 

of the visit, please check in at the EPA 

Region 6 reception area at 1445 Ross 

Avenue, Suite 700, Dallas, Texas. 

The State submittal is also available 

for public inspection at the State Air 

Agency listed below during official 

business hours by appointment: 

Albuquerque Environmental Health 

Department, Air Pollution Control 

Division, One Civic Plaza, Albuquerque, 

New Mexico 87103. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Stanley M. Spruiell, Air Permits Section 

(6PD–R), Environmental Protection 

Agency, Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas 75202–2733, 

telephone (214) 665–7212; fax number 

(214) 665–7263; or e-mail address 

spruiell.stanley@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, any 

reference to ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ means 

EPA. 

Outline 

I. What Action Is EPA Taking? 

II. Statutory and Executive Order Reviews 

I. What Action Is EPA Taking? 

The EPA is taking final action to 

approve the SIP revisions that the 

Governor of New Mexico submitted May 

24, 2006. This submittal consists of 

revisions to two regulations that are 

already part of the Albuquerque/ 

Bernalillo County SIP. The affected 

regulations are: 20.22.60 New Mexico 

Administrative Code (NMAC) 

(Permitting in Nonattainment Areas) 

and 20.22.61 NMAC (Prevention of 

Significant Deterioration). These 

revisions update the Albuquerque/ 

Bernalillo County Air Quality Control 

Board (AQCB) NNSR and PSD 

regulations to ensure that the 

regulations are consistent with the 2002 

New Source Review Reform Rules. 

The SIP revision also includes other 

non-substantive changes to AQCB’s PSD 

and NNSR rules needed to update the 

regulatory citations, make clarifying 

revisions to the regulatory text, correct 

typographical errors, and ensure that the 

regulations are consistent with all 


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Federal Register / Vol. 72, No. 80 / Thursday, April 26, 2007 / Rules and Regulations 20729 

current Federal requirements for PSD 

and NNSR. These non-substantive 

changes do not change the regulatory 

requirements. 

On February 15, 2007 (72 FR 7361), 

we published our proposed approval of 

this SIP revision. The February 15, 

2007, proposal provided detailed 

information about the Albuquerque/ 

Bernalillo County SIP revisions that are 

being approved today. The proposal also 

provided a detailed analysis of EPA’s 

rationale for approving the 

Albuquerque/Bernalillo County SIP 

revisions. In the proposal, we provided 

opportunity for public comment on the 

proposed action. The public comment 

period for this proposed rulemaking 

ended March 19, 2007. We received no 

comments, adverse or otherwise, on the 

proposed rulemaking. We are therefore 

finalizing our proposed approval 

without changes. For more details on 

this submittal, please refer to the 

proposed rulemaking and to the 

Technical Support Document, which is 

in the docket for this action. 

The EPA is also making a nonsubstantive administrative change to the 

title of the second table under 40 CFR 

52.1620(c), which incorporates the SIPapproved Albuquerque/Bernalillo 

County regulations. The title of this 

table currently is ‘‘EPA Approved 

Albuquerque/Bernalillo County, NN 

Regulations.’’ The EPA is changing this 

title to ‘‘EPA Approved Albuquerque/ 

Bernalillo County, NM Regulations.’’

II. Statutory and Executive Order 

Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. For 

this reason, this action is also not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

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

22, 2001). This action merely approves 

State law as meeting Federal 

requirements and imposes no additional 

requirements beyond those imposed by 

State law. Accordingly, the 

Administrator certifies that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities under the Regulatory Flexibility 

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

rule approves pre-existing requirements 

under State law and does not impose 

any additional enforceable duty beyond 

that required by State law, it does not 

contain any unfunded mandate or 

significantly or uniquely affect small 

governments, as described in the 

Unfunded Mandates Reform Act of 1995 

(Pub. L. 104–4). 

This rule also does not have tribal 

implications because it will not have a 

substantial direct effect on: One or more 

Indian tribes, the relationship between 

the Federal Government and Indian 

tribes, or the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes, as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). This 

action also does not have Federalism 

implications because it does not have 

substantial direct effects on the States, 

the relationship between the national 

government and the States, or the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This action merely 

approves a State rule implementing a 

Federal standard, and does not alter the 

relationship or the distribution of power 

and responsibilities established in the 

Clean Air Act. The EPA interprets 

Executive Order 13045, ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997), as applying only to 

those regulatory actions that concern 

health or safety risks such that the 

analysis required under section 5–501 of 

the Executive Order has the potential to 

influence the regulation. This rule is not 

subject to Executive Order 13045 

because it approves a State program. 

Executive Order 12898 (59 FR 7629, 

February 16, 1994) establishes Federal 

executive policy on environmental 

justice. Because this rule merely 

approves a State rule implementing a 

Federal standard, EPA lacks the 

discretionary authority to modify 

today’s regulatory decision on the basis 

of environmental justice considerations. 

In reviewing SIP submissions, EPA’s 

role is to approve State choices, 

provided that they meet the criteria of 

the Clean Air Act. In this context, in the 

absence of a prior existing requirement 

for the State to use voluntary consensus 

standards (VCS), EPA has no authority 

to disapprove a SIP submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a SIP submission, 

to use VCS in place of a SIP submission 

that otherwise satisfies the provisions of 

the Clean Air Act. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

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

272 note) do not apply. This rule does 

not impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

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

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. The 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 June 25, 2007. 

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, Carbon monoxide, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: April 17, 2007. 

Richard E. Greene, 

Regional Administrator, Region 6. 

■ 40 CFR part 52 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 GG—New Mexico 

■ 2. Section 52.1620 is amended as 

follows: 

■ a. The title of the second table in 

paragraph (c) is revised to read: ‘‘EPA 

Approved Albuquerque/Bernalillo 

County, NM Regulations’’

■ b. The second table in § 52.1620(c) 

entitled ‘‘EPA Approved Albuquerque/ 

Bernalillo County, NM Regulations’’ is 

amended as follows: 


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20730 Federal Register / Vol. 72, No. 80 / Thursday, April 26, 2007 / Rules and Regulations 

■ i. By revising the entry for Part 60 

(20.11.60). 

■ ii. By revising the entry for Part 61 

(20.11.61). 

The amendments read as follows: 

§ 52.1620 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED ALBUQUERQUE/BERNALILLO COUNTY, NEW MEXICO REGULATIONS

State citation Title/subject 

State 

submittal/ 

effective date 

EPA approval date Explanation 

* * * * * * * 

New Mexico Administrative Code Title 20—Environmental Protection, Chapter 11—Albuquerque/Bernalillo County Air Quality Control 

Board 

* * * * * * * 

Part 60 (20.11.60) ......................... Permitting in Nonattainment 

Areas.

12/14/05 4/26/07 [Insert FR page 

number where document 

begins].

Part 61 (20.11.61) ......................... Prevention of Significant Deterioration.12/14/05 4/26/07 [Insert FR page 

number where document 

begins].

* * * * * * * 

* * * * * 

[FR Doc. E7–7896 Filed 4–25–07; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 1051 

[EPA–HQ–OAR–2006–0858; FRL–8305–8] 

RIN 2060–A035 

Extension of Temporary Exhaust 

Emission Test Procedure Option for All 

Terrain Vehicles 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: In a rule published November 

8, 2002, EPA promulgated new emission 

standards for recreational vehicles 

beginning in model year 2006. This 

included a newly regulated class of 

nonroad vehicles/engines commonly 

referred to as all-terrain vehicles. In that 

rulemaking, a temporary provision was 

included allowing manufacturers to test 

all-terrain vehicles over a steady-state, 

engine-based, duty cycle for exhaust 

emissions prior to the 2009 model year 

in lieu of the transient, chassis-based, 

Federal Test Procedure which was 

effective for 2006 and later model years. 

In this rulemaking we are taking direct 

final action to extend the availability of 

this temporary provision for in some 

cases up to an additional six model 

years. More specifically, manufacturers 

would have to certify exhaust emission 

engine families representing not less 

than 50 percent of their US-directed 

production on the Federal Test 

Procedure in model year 2014 and 100 

percent in 2015. Manufacturers with 

only one all terrain vehicle exhaust 

emission engine family would not be 

required to use the Federal Test 

Procedure until the 2015 model year. 

For those manufacturers who have not 

yet done so, this will allow additional 

time to certify to the previously 

promulgated Federal Test Procedurebased emission standards using either 

contract facilities or by obtaining inhouse capability. 

DATES: This direct final rule is effective 

on June 25, 2007, without further notice, 

unless we receive adverse comments by 

May 29, 2007 or a request for a public 

hearing by May 11, 2007. If EPA 

receives such comments or such a 

request, it will publish a timely 

withdrawal of the direct final rule in the 

Federal Register and inform the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ–

OAR–2005–0858, by one of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• E-mail: a-and-r-docket@epa.gov 

• Fax: (202) 566–1741 

• Mail: Environmental Protection 

Agency, Mail Code: 6102T, 1200 

Pennsylvania Ave., NW., Washington, 

DC, 20460. Please include two copies. 

• Hand Delivery: EPA Docket Center 

(Air Docket), U.S. Environmental 

Protection Agency, EPA West Building, 

1301 Constitution Avenue, NW., Room: 

3334 Mail Code: 6102T, Washington, 

DC. Such deliveries are only accepted 

during the Docket’s normal hours of 

operation, and special arrangements 

should be made for deliveries of boxed 

information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OAR–2006–

0858. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov. including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other infonnation 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or e-mail. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an e-mail 

comment directly to EPA without going 

through www.regulations.gov your email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 


pwalker on PROD1PC71 with RULES