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

Instruction, from further environmental documentation because itis a safety


### zone. A final "Environmental Analysis CheckList" and afinal "Categorical Exclusion Determination" will be available in the docket where indicated under ADDRESSES.
List ofSubjects in 33 CFRPart165

Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, and Waterways.

a For thereasons discussed inthe preamble, the Coast Guard amends 33 CFR part 165 as follows:


### PART 165-REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

a 1.Theauthority citation forpart 165 continues to read as follows:

Authority: 33 U.S.C. 1226, 1231; 46U.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 readas 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 ofthe safety zone described in this section whenever explosive ordinance disposal workis notbeing performed in 

### the vicinity. Advance notice of enforcement periods and suspension of 

### enforcement willbe announced over marine bandVHF 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 inthe zone except for support vessels/aircraft and support personnel, or other vessels authorized by the Captain ofthe Port orhis 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. CoastGuard,Captain ofthe PortHonolulu. [FRDoc. E8-4681 Filed 3-7-08; 8:45 am]

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### ENVIRONMENTAL PROTECTION

AGENCY
40 CFR Part 52 [EPA-R09-OAR-2007-0621; FRL-8530-7]


### Revisionstothe 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 ofthe California State Implementation 

### Plan (SIP). These revisions were proposed in the FederalRegister on November 20, 2007, and concern " 

### particulate matter (PM) emissions from fugitive dust sources .andcement manufacturing plants. We are approving local rules thatregulate these emission

sources under the Clean AirAct as amended in 1990 (CAA orthe 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.govand in hard copy 

### at EPA Region IX, 75 Hawthorne Street, San Francisco, California. While all documents inthe docket are listed in the index, some information may be publicly available only atthe hard copy location (e.g., copyrighted material), and

some may not be publicly-availablein either location (e.g., CBI). To inspect the hard copy materials, please schedule an appointment during normal business hours with the contact listedin the FOR FURTHER INFORMATION CONTACT section. FOR FURTHER JNFORMATION CONTACT: Jerry Wamsley, EPA Region IX, ateither (415) 94,7-4111, or wamsley.jerry@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, "we,""us" 

### and "our" refer to EPA. Table ofContents I.Proposed Action II.Public Comments and EPAResjonses IlL. EPAAction IV. Statutory andExecutive OrderReviews 

### 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 therules and our evaluation.
II. Public Comments andEPA 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 ourresponse
are summarized below. Comment:The commenter is critical ofEPA's action to deny California's request for a waiver ofFederal preemption ofmotor 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 ofthis waiver.

Response:We proposed to approve rules reducing particulate matter emissions from local sources so that the South Coast airbasin can meet the national particulate matter health standard. Our proposal did not concern California's waiver request; consequently, the comment is not germane to ourproposed 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. EPAAction

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) ofthe Act, EPA is fully approving theserules intothe California SIP. IV. Statutory and Executive Order Reviews

Under Executive Order 12866 (58FR 51735, October4, 1993), this action is not a "significant regulatory action" and therefore is not subject to review by the 

### Office ofManagement 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 etseq.). Because this 

### rule approves pre-existing requirements .understate law and does notimpose any additional enforceable dutybeyond that required by state law, it does not 

### contain any unfunded mandate or significantly oruniquely affect small government, as described inthe 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, oron the distribution of power andresponsibilities between the Federal Government and Indian tribes,

as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).



### This action also does nothave 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 ofpower and responsibilities among.the various levels ofgovernment, 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 alterthe 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 ofChildren 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 theymeet the criteria of the Clean AirAct. Inthis context, inthe absence ofa prior existing requirement forthe State to use voluntary consensus standards (VCS), EPA has no authority to disapprove aSIP 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 ofa SIP submission that otherwise satisfies the provisions of the Clean Air Act. Thus, the requirements ofsection 12(d) ofthe 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 ofthe Paperwork Reduction Act of 1995 (44 U.S.C. 3501 etseq.).

The Congressional Review Act, 5 U.S.C. 801 etseq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996,generally provides that before arule may take effect, the agency promulgating the rule must submit a rulereport, which includes a copy ofthe rule, to each House ofthe Congress and to the Comptroller General ofthe United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House ofRepresentatives, and the Comptroller General ofthe United States prior to publication ofthe 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) ofthe Clean Air Act, petitions forjudicial review of this action must be filed in the United States Court ofAppeals for the appropriate circuitby May 9, 2008. Filing a petition forreconsideration by the Administrator ofthis final rule does not affect the finality ofthis rule for the purposes ofjudicial review nor does it extend the time within which a petition forjudicial review may be filed, and shall notpostpone 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 ofSubjects in40 CFRPart52

Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Particulate matter, Reporting and recordkeeping requirements.

Dated: January 17, 2008. Jane Diamond, ActingRegionalAdministrator, RegionIX.

mPart 52, Chapter I,Title 40 oftheCode ofFederal Regulations is amended as follows:

PART 52 [AMENDED]

m1.The authority citation forpart 52 continues to read as follows:

Authority: 42 U.S.C. 7401 et seq. Subpart F-California

m2. Section 52.220 is amended by adding paragraphs (c)(342)(i)(C)(4) and (c)(348) to read as follows: §52.220 Identification ofplan.

(c) * * * (342) * * * 

### (i) * * * (C) * * * (4) Rule 403, adopted oi May 7, 1976. and amended onJune 3, 2005.

(348) New and amended rules forthe following AiPCDs were submitted on December 29, 2006 by the Governor's designee.

(i) Incorporation byreference. (A) San Joaquin Valley AirPollution Control District.

(1) Rule 4354, adopted on August 17, 2006.

(B) South Coast Air Quality Management District.

(1) Rule 1156, adopted onNovember 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 ofthe Base (1% annual-chance) Flood Elevations (BFEs)is appropriate because 

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