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

Instruction, from further environmental

documentation because it is a safety

zone. A final "Environmental Analysis

Check List" and a final "Categorical

Exclusion Determination" will be

available in the docket where indicated

under ADDRESSES.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures, and

Waterways.

a For the reasons discussed in the

preamble, the Coast Guard amends 33

CFR part 165 as follows:

PART 165-REGULATED NAVIGATION

AREAS AND LIMITED ACCESS AREAS

a 1. The authority citation for part 165

continues to read as follows:

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

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

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

107-295, 116 Stat. 2064; Department of

Homeland Security Delegation No. 0170.1.

0 2. Add § 165.T14-168 to read as

follows:

§ 165.T14-168 Safety Zone; Molokini

Crater, Maul, HI

(a) Location. The following is a safety

zone: All waters within the following

geographic coordinates: 20-38.9N 156-

28.5W; thence south to 20-36.7N 156-

28.5W; thence east to 20-36.7N 156-

31.0W; thence north to 20-38.9N 156-

31.0W; thence west to 20-38.9N 156-

28.5W, including all waters from the

surface to the ocean floor.

" (b) Effective Dates. This rule is

effective from March 1, 2008 through

March 31, 2008.

(c) Suspension of Enforcement. The

Coast Guard will suspend enforcement

of the safety zone described in this

section whenever explosive ordinance

disposal work is not being performed in

the vicinity. Advance notice of

enforcement periods and suspension of

enforcement will be announced over

marine band VHF channel 16.

(d) Regulations. In accordance with

the general regulations in 33 CFR part

165, subpart C, no person or vessel may

enter or remain in the zone except for

support vessels/aircraft and support

personnel, or other vessels authorized

by the Captain of the Port or his

designated representatives.

(e) Penalties. Vessels or persons

violating this rule are subject to the

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

50 U.S.C. 192.

Dated: February 15, 2008.

B.A. Compagnoni,

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

Port Honolulu.

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

BILLING CODE 4910-15-P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[EPA-R09-OAR-2007-0621; FRL-8530-7]

Revisions to the California State

Implementation Plan, South Coast Air

Quality Management District

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is finalizing approval of

revisions to the South Coast Air Quality

Management District (SCAQMD) portion

of the California State Implementation

Plan (SIP). These revisions were

proposed in the Federal Register on

November 20, 2007, and concern "

particulate matter (PM) emissions from

fugitive dust sources .and cement

manufacturing plants. We are approving

local rules that regulate these emission

sources under the Clean Air Act as

amended in 1990 (CAA or the Act).

DATES: Effective Date: This rule is

effective on April 9, 2008.

ADDRESSES: EPA has established docket

number EPA-RO9-OAR-2007-0621 for

this action. The index to the docket is

available electronically at

www.regulations.gov and in hard copy

at EPA Region IX, 75 Hawthorne Street,

San Francisco, California. While all

documents in the docket are listed in

the index, some information may be

publicly available only at the hard copy

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

some may not be publicly -available in

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

hard copy materials, please schedule an

appointment during normal business

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section.

FOR FURTHER JNFORMATION CONTACT: Jerry

Wamsley, EPA Region IX, at either (415)

94,7-4111, or wamsley.jerry@epa.gov.

SUPPLEMENTARY INFORMATION:

Throughout this document, "we," "us"

and "our" refer to EPA.

Table of Contents

I. Proposed Action

II. Public Comments and EPA Resjonses

IlL. EPA Action

IV. Statutory and Executive Order Reviews

I. Proposed Action

On November 20, 2007 (see 72

Federal Register (FR) 65285), EPA

proposed to approve the following rules

into the California SIP.

TABLE 1 .-- SUBMITTED RULES

Local agency Rule Rule title Adopted Submitted No.

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

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

turing Facilities.

We proposed to approve these rules

because we determined that they

complied with the relevant CAA

requirements. Our proposed action

contains more information on the rules

and our evaluation.

II. Public Comments and EPA

Responses

EPA's proposed action provided a 30-

day public comment period. During this

period, we received one comment from

an unidentified person on December 20,

2007. The comment and our response

are summarized below.

Comment: The commenter is critical

of EPA's action to deny California's

request for a waiver of Federal

preemption of motor vehicle greenhouse

gas emission standards announced

December 19, 2007. Also, the

commenter makes unsubstantiated

allegations that unnamed EPA officials

took bribes from GM, Ford, and

Cerberus Corporation in deciding on the

merits of this waiver.

Response: We proposed to approve

rules reducing particulate matter

emissions from local sources so that the

South Coast air basin can meet the

national particulate matter health

standard. Our proposal did not concern

California's waiver request;

consequently, the comment is not

germane to our proposed action.

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2Federal Register/Vol. 73, No. 47/Monday, March 10, 2008/Rules and Regulations

However, we thank the commenter for

his interest.

IR. EPA Action

No comments were submitted that'

change our assessment that the

submitted rules comply.with the

relevant CAA requirements. Therefore,

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

Act, EPA is fully approving these rules

into the California SIP.

IV. Statutory and Executive Order

Reviews

Under Executive Order 12866 (58 FR

51735, October 4, 1993), this action is

not a "significant regulatory action" and

therefore is not subject to review by the

Office of Management and Budget. For

this reason, this action is also not

subject to Executive Order 13211,

"Actions Concerning Regulations That

Significantly Affect Energy Supply,

Distribution, or Use" (66 FR 28355, May

22, 2001). This action merely approves

state law as meeting Federal

requirements and imposes no additional

requirements beyond those imposed by

state law. Accordingly, the

Administrator certifies that-this rule

will not have a significant economic

impact on a substantial number of small

entities under the Regulatory Flexibility

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

rule approves pre-existing requirements

.under state law and does not impose

any additional enforceable duty beyond

that required by state law, it does not

contain any unfunded mandate or

significantly or uniquely affect small

government, as described in the

Unfunded Mandates Reform Act of 1995 -(Pub. L. 104-4).

This rule also does not have tribal

implications because it will not have a

substantial direct effect* on one or more

Indian tribes, on the relationship

between the Federal Government and

Indian tribes, or on the distribution of

power and responsibilities between the

Federal Government and Indian tribes,

as specified by Executive Order 13175

(65 FR 67249, November 9, 2000).

This action also does not have

Federalism implications because it does

not have substantial direct effects on the

States, on the relationship between the

national government and the States, or

on the distribution of power and

responsibilities among.the various

levels of government, as specified in

Executive Order 13132 (64 FR 43255,

August 10, 1999). This action merely

approves a state rule implementing a

Federal standard, and does not alter the

relationship or the distribution of power

and responsibilities established in the

Clean Air Act. This rule also is not

subject to Executive Order 13045

"Protection of Children from

Environmental Health Risks and Safety

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

because it approves a state rule

implementing a Federal standard.

In reviewing SIP submissions, EPA's

role is to approve state choices,

provided that they meet the criteria of

the Clean Air Act. In this context, in the

absence of a prior existing requirement

for the State to use voluntary consensus

standards (VCS), EPA has no authority

to disapprove a SIP submission for

failure to use VCS. It would thus be

inconsistent with applicable law, for

EPA, when it reviews a SIP submission;

to use VCS in place of a SIP submission

that otherwise satisfies the provisions of

the Clean Air Act. Thus, the

requirements of section 12(d) of the

National Technology Transfer and

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

272 note) do not apply. This rule does

not impose an information collection

burden under the provisions of the

Paperwork Reduction Act of 1995 (44

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

The Congressional Review Act, 5

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

Business Regulatory Enforcement

Fairness Act of 1996,generally provides

that before a rule may take effect, the

agency promulgating the rule must

submit a rule report, which includes a

copy of the rule, to each House of the

Congress and to the Comptroller General

of the United States. EPA will submit a

report containing this rule and other

required information to the U.S. Senate,

the U.S. House of Representatives, and

the Comptroller General of the United

States prior to publication of the rule in

the Federal Register. A major rule

cannot take effect until 60 days after it

is published in the Federal Register.

This action is not a "major rule" as

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

Under section 307(b)(1) of the Clean

Air Act, petitions for judicial review of

this action must be filed in the United

States Court of Appeals for the

appropriate circuit by May 9, 2008.

Filing a petition for reconsideration by

the Administrator of this final rule does

not affect the finality of this rule for the

purposes of judicial review nor does it

extend the time within which a petition

for judicial review may be filed, and

shall not postpone the effectiveness of

such rule or action. This action may not

be challenged later in proceedings to

enforce its requirements. (See section

307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Incorporation by

reference, Intergovernmental relations,

Particulate matter, Reporting and

recordkeeping requirements.

Dated: January 17, 2008.

Jane Diamond,

Acting RegionalAdministrator, Region IX.

m Part 52, Chapter I, Title 40 of the Code

of Federal Regulations is amended as

follows:

PART 52 [AMENDED]

m 1. The authority citation for part 52

continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

Subpart F-California

m 2. Section 52.220 is amended by

adding paragraphs (c)(342)(i)(C)(4) and

(c)(348) to read as follows:

§ 52.220 Identification of plan.

(c) * * *

(342) * * * (i) * * *

(C) * * *

(4) Rule 403, adopted oi May 7, 1976.

and amended on June 3, 2005.

(348) New and amended rules for the

following AiPCDs were submitted on

December 29, 2006 by the Governor's

designee.

(i) Incorporation by reference.

(A) San Joaquin Valley Air Pollution

Control District.

(1) Rule 4354, adopted on August 17,

2006.

(B) South Coast Air Quality

Management District.

(1) Rule 1156, adopted on November

4, 2005.

[FR Dtc. E8-4147 Filed 3-7-08; 8:45 am]

BILLING CODE 6560-50-P

DEPARTMENT OF HOMELAND

SECURITY

Federal Emergency Management

Agency

44 CFR Part 65

[Docket No. FEMA-B-7766]

Changes In Flood Elevation

Determinations

AGENCY: Federal Emergency

Management Agency, DHS.

ACTION: Interim rule.

SUMMARY: This interim rule lists

communities where modification of the

Base (1% annual-chance) Flood

Elevations (BFEs) is appropriate because

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