Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Rules and Regulations 48483

C. Unfunded Mandates Reform Act

Under section 202 of the 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 a Federal mandate that

may result in estimated costs to State,

local, or tribal governments in the

aggregate; or to private sector, of $100

million or more. Under section 205,

EPA must select the most cost-effective

and least burdensome alternative that

achieves the objectives of the rule and

is consistent with statutory

requirements. Section 203 requires EPA

to establish a plan for informing and

advising any small governments that

may be significantly or uniquely

impacted by the rule.

EPA has determined that the approval

action promulgated does not include a

Federal mandate that may result in

estimated costs of $100 million or more

to either State, local, or tribal

governments in the aggregate, or to the

private sector. This Federal action

approves pre-existing requirements

under State or local law, and imposes

no new Federal requirements.

Accordingly, no additional costs to

State, local, or tribal governments, or to

the private sector, result from this

action.

D. Submission to Congress and the

General Accounting Office

Under 5 U.S.C. 801(a)(1)(A) as added

by the Small Business Regulatory

Enforcement Fairness Act of 1996, EPA

submitted 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 General Accounting

Office prior to publication of the rule in

today’s Federal Register. This rule is

not a ‘‘major’’ rule as defined by 5

U.S.C. 804(2).

E. Petitions for Judicial Review

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 November 17,

1997. 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,

Incorporation by reference,

Intergovernmental relations, Ozone,

Reporting and recordkeeping

requirements, Volatile organic

compounds.

Dated: August 22, 1997.

John Wise,

Acting Regional Administrator.

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. 7401–7671q.

Subpart F—California

2. Section 52.220 is amended by

adding paragraphs (c) (26)(ix)(B) and

(26)(xvi)(E), (27)(vii)(C), (39)(viii)(D),

(39)(ix)(C), (39)(x)(C), and (246) to read

as follows:

§ 52.220 Identification of plan.

* * * * *

(c) * * *

(26) * * *

(ix) * * *

(B) Previously approved and now

deleted, Rule 102.

* * * * *

(xvi) * * *

(E) Previously approved and now

deleted, Rule 102.

* * * * *

(27) * * *

(vii) * * *

(C) Previously approved and now

deleted, Rule 102.

* * * * *

(39) * * *

(viii)* * *

(D) Previously approved and now

deleted, Rule 102.

(ix) * * *

(C) Previously approved and now

deleted, Rule 102.

(x) * * *

(C) Previously approved and now

deleted, Rule 102.

* * * * *

(246) New and amended regulations

for the following APCDs were submitted

on October 28, 1996, by the Governor’s

designee.

(i) Incorporation by reference.

(A) Northern Sierra Air Quality

Management District.

(1) Rules 101, 202, 203, 204, 206, 207,

208, 209, 210, 221, 222, 223, 225, 300,

301, 314, 315, and 317, adopted on

September 11, 1991, Rule 102 adopted

on May 11, 1994, Rule 313 adopted on

June 10, 1992, and Rule 316 adopted on

August 14, 1996.

[FR Doc. 97–24419 Filed 9–15–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[CA 167–0036a; FRL–5888–6]

Approval and Promulgation of

Implementation Plans; California State

Implementation Plan Revision; South

Coast Air Quality Management District

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final

action on revisions to the California

State Implementation Plan (SIP). The

revisions concern emergency episode

rules from the South Coast Air Quality

Management District (SCAQMD). This

approval action will incorporate one

rule into the federally approved SIP and

remove fourteen from the SIP. The

intended effect of approving this rule is

to update the episode criteria and to

eliminate redundant reporting

requirements in accordance with the

requirements of the Clean Air Act, as

amended in 1990 (CAA or the Act).

Thus, EPA is finalizing the approval of

these revisions into the California SIP

under provisions of the CAA regarding

EPA action on SIP submittal, SIPs for

national primary and secondary ambient

air quality standards and plan

requirements for nonattainment areas.

DATES: This action is effective on

November 17, 1997 unless adverse or

critical comments are received by

October 16, 1997. If the effective date is

delayed, a timely notice will be

published in the Federal Register.

ADDRESSES: A copy of the rule and

EPA’s evaluation report is available for

public inspection at EPA’s Region IX

office during normal business hours. A

copy of the submitted rule is available

for inspection at the following locations:

Rulemaking Office (AIR–4), Air

Division, U.S. Environmental

Protection Agency, Region IX, 75

Hawthorne Street, San Francisco, CA

94105.

Environmental Protection Agency, Air

Docket (6102), 401 ‘‘M’’ Street, SW.,

Washington, DC 20460.

California Air Resources Board,

Stationary Source Division, Rule
48484 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Rules and Regulations

1EPA adopted the completeness criteria on

February 16, 1990 (55 FR 5830) and, pursuant to

section (110)(k)(1)(A) of the CAA, revised the

criteria on August 26, 1991 (56 FR 42216).

Evaluation Section, 2020 ‘‘L’’ Street,

Sacramento, CA 95814.

South Coast Air Quality Management

District, 21865 E. Copley Drive,

Diamond Bar, CA 91765.

FOR FURTHER INFORMATION CONTACT:

Cynthia G. Allen, Rulemaking Office

(AIR–4), Air Division, U.S.

Environmental Protection Agency,

Region IX, 75 Hawthorne Street, San

Francisco, CA 94105, Telephone: (415)

744–1189.

SUPPLEMENTARY INFORMATION:

Applicability

The rule being approved into the

California SIP includes SCAQMD Rule

701, Air Pollution Emergency

Contingency Actions. This rule was

submitted by the California Air

Resources Board to EPA on January 31,

1996. The rules being removed from the

SIP are SCAQMD Rule 702, Definitions,

Rule 703, Episode Criteria, Rule 704,

Episode Declaration, Rule 705,

Termination of Episodes, Rule 706,

Episode Notification, Rule 707, Radio

Communication System, Rule 708,

Plans, Rule 708.1, Stationary Sources

Required to File Plans, Rule 708.2,

Content of Stationary Source

Curtailment Plans, Rule 708.3,

Transportation Management Plans, Rule

708.4, Procedural Requirements for

Plans, Rule 709, First Stage Episode

Actions, Rule 710, Second Stage

Episode Actions, Rule 711, Third Stage

Episode Actions, Rule 712, Sulfate

Episode Actions, Rule 713, Interdistrict

Coordination, Rule 714, Source

Inspections, and Rule 715, Burning of

Fossil Fuel on Episode Days.

Background

On March 3, 1978, EPA promulgated

a list of ozone nonattainment areas

under the provisions of the Clean Air

Act, as amended in l977 (1977 Act or

pre-amended Act), that included the

South Coast Air Quality Management

District. 43 FR 8964, 40 CFR 81.305. The

reqirements for the Prevention of Air

Pollution Emergency Episodes for sulfur

dioxide, carbon monoxide, nitrogen

dioxide, ozone and particulate matter

are located in 40 CFR part 51, subpart

H. These requirements include

provisions for classification of regions

for episodes plans, significant harm

levels, contingency plans and reevaluation of episode plans. SCAQMD

previously adopted Rules 701–715 in

response to these reqirements. SCAQMD

Rule 701 has now been revised to

include all of the requirements

previously found in these Rules.

Rule 701 was adopted by SCAQMD

on September 8, 1995 and submitted by

the State of California for incorporation

into its SIP on January 31, 1996. This

rule was found to be complete on April

2, 1996, pursuant to EPA’s completeness

criteria that are set forth in 40 CFR part

51, appendix V 1 and is being finalized

for approval into the SIP.

The following is EPA’s evaluation and

final action for this rule.

EPA Evaluation and Action

In determining the approvability of a

Emergency Episode rule, EPA must

evaluate the rule for consistency with

the requirements of the CAA and EPA

regulations as found in section 110 and

part D of the CAA and 40 CFR part 51

(Requirements for Preparation,

Adoption, and Submittal of

Implementation Plans). The EPA

interpretation of these requirements,

which forms the basis for today’s action,

appears in various EPA policy guidance

documents.

Those rules that are being rescinded

by today’s action are listed below. EPA

previously approved all these rules into

the SIP.

• Rule 702, Definitions, submitted 08/

15/80 and 04/23/80

• Rule 703, Episode Criteria, submitted

04/23/80

• Rule 704, Episode Declaration,

submitted 04/23/80

• Rule 705, Termination of Episodes,

submitted 04/23/80

• Rule 706, Episode Notification,

submitted 04/23/80

• Rule 707, Radio Communication

System, submitted 08/15/80

• Rule 708, Plans, submitted 08/15/80

• Rule 708.1, Stationary Sources

Required to File Plans, 06/01/77

• Rule 708.2, Content of Stationary

Source Curtailment Plans, 11/04/77

• Rule 708.3, Transportation

Management Plans, submitted 11/08/

82

• Rule 708.4, Procedural Requirements

for Plans, submitted 08/15/80

• Rule 709, First Stage Episode Actions,

submitted 08/15/80; 04/23/80; and

04/02/80

• Rule 710, Second Stage Episode

Actions, submitted 08/15/80 and 04/

23/80

• Rule 711, Third Stage Episode

Actions, submitted 08/15/80 and 04/

23/80

• Rule 713, Interdistrict Coordination,

submitted 04/23/80

• Rule 714, Source Inspections,

submitted 04/23/80

• Rule 715, Burning of Fossil Fuel on

Episode Days, submitted 04/23/80

A revised version of rule 701 was

adopted on September 8, 1995 and

submitted to EPA on January 31, 1996.

EPA has evaluated the submitted rule

and has determined that it is consistent

with the CAA, EPA regulations, and

EPA policy. Rule 701, Air Pollution

Emergency Contingency Action, has

been revised by consolidating the

provisions of existing Rules 702 through

715 into amended Rule 701. These

modifications are generaly

administrative in nature, and in no case

does this action represent a relaxation of

an EPA approved requirement.

Therefore, SCAQMD’s Rule 701, Air

Pollution Emergency Contingency

Action, is being approved under section

110(k)(3) of the CAA as meeting the

requirements of section 110(a) and part

D.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

implementation plan. Each request for

revision to the state implementation

plan shall be considered separately in

light of specific technical, economic,

and environmental factors and in

relation to relevant statutory and

regulatory requirements.

EPA is publishing this document

without prior proposal because the

Agency views this as a noncontroversial

amendment and anticipates no adverse

comments. However, in a separate

document in this Federal Register

publication, the EPA is proposing to

approve the SIP revision should adverse

or critical comments be files. This

action will be effective November 17,

1997 unless, by October 16, 1997,

adverse or critical comments are

received.

If the EPA receives such comments,

this action will be withdrawn before the

effective date by publishing a

subsequent document that will

withdraw the final action. All public

comments received will then be

addressed in a subsequent final rule

based on this action serving as a

proposed rule. The EPA will not

institute a second comment period on

this action. Any parties interested in

commenting on this action should do so

at this time. If no such comments are

received, the public is advised that this

action will be effective November 17,

1997.

Regulatory Flexibility Act

Under the Regulatory Flexibility Act,

5 U.S.C. 600 et seq., EPA must prepare

a regulatory flexibility analysis

assessing the impact of any proposed or

final rule on small entities. 5 U.S.C. 603

and 604, Alternatively, EPA may certify

that the rule will not have a significant
Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Rules and Regulations 48485

impact on a substantial number of small

entities. Small entities include small

businesses, small not-for-profit

enterprises and government entities

with jurisdiction over population of less

than $50,000.00.

SIP approvals under sections 110 and

301(a) and subchapter I, part D of the

CAA do not create any new

requirements, but simply approve

requirements that the State is already

imposing. Therefore, because the

Federal SIP approval does not impose

any new requirements. I certify that it

does not have a significant impact on

any small entities affected. Moreover,

due to the nature of the Federal-state

relationship under the CAA, preparation

of a regulatory flexibility analysis would

constitute Federal inquiry into the

economic reasonableness of state action.

The CAA forbids EPA to base its action

concerning SIPs on such grounds.

Union Electric Co. v. U.S. EPA, 427 U.S.

246, 256–66 (S.Ct. 1976); 42 U.S.C.

7410(a)(2).

Unfunded Mandates Reform Act

Under sections 202, 203, and 205 of

the Unfunded Mandates Reform Act of

1995 (‘‘Unfunded Mandates Act’’),

signed into law on March 22, 1995, EPA

must undertake various actions in

association with proposed or final rules

that include a Federal mandate that may

result in estimated costs of $100 million

or more to the private sector or to State,

local, or tribal governments in the

aggregate.

Through submission of this state

implementation plan or plan revision,

the State and any affected local or tribal

governments have elected to adopt the

program provided for under part D of

the Clean Air Act. These rules may bind

State, local, and tribal governments to

perform certain actions and also require

the private sector to perform certain

duties. The rules being approved by this

actin will impose no new requirements

because affected sources are already

subject to these regulations under State

law. Therefore, no additional costs to

State, local, or tribal governments or to

the private sector result from this. EPA

has determined that this final action

does not include a mandate that may

result in estimated costs of $100 million

or more to State, local, or tribal

governments in the aggregate or to the

private sector.

Submission to Congress and the

General Accounting Office

Under 5 U.S.C. 801(a)(1)(A) as added

by the Small Business Regulatory

Enforcement Fairness Act of 1996, EPA

submitted a report containing this

action and other required information to

the U.S. Senate, the U.S. House of

Representatives and the Comptroller

General of the General Accounting

Officeprior to publication of this action

in today’s Federal Register. This action

is not a ‘‘major action’’ as defined by 5

U.S.C. 804(2).

This action has been classified as a

Table 3 action for signature by the

Regional Administrator under the

procedures the Federal Register on

January 19, 1989 (54 FR 2214–2225), as

revised by a July 10, 1995 memorandum

from Mary Nichols, published in

Assistant Administrator for Air and

Radiation. The Office of Management

and Budget (OMB) has exempted this

action from review under Executive

Order 12866 review.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Hydrocarbons,

Incorporation by reference,

Intergovernmental relations, Ozone,

Reporting and recordkeeping

requirements.

Dated: August 22, 1997.

John Wise,

Acting Regional Administrator.

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. 7401–7671q.

Subpart F—California

2. Section 52.220 is amended by

adding paragraph (c)(229)(i)(A)(2) to

read as follows:

§ 52.220 Identification of plan.

* * * * *

(c) * * *

(229) * * *

(i) * * *

(A) * * *

(2) Rule 701, adopted on September 9,

1995.

* * * * *

[FR Doc. 97–24415 Filed 9–15–97; 8:45 am]

BILLING CODE 6560–50–F

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 61 and 69

[CC Docket Nos. 96–262, 94–1, 91–213, 96–

263; FCC 97–158, FCC 97–159]

Access Charge Reform; Price Cap

Performance Review for Local

Exchange Carriers; Transport Rate

Structure and Pricing; Usage of the

Public Switched Network by

Information Service and Internet

Access Providers

AGENCY: Federal Communications

Commission.

ACTION: Notification of OMB approval

and effective dates; correction.

SUMMARY: This document provides

notification that OMB approved the

information collections resulting from

amendments and additions to

Commission rules relating to access

charge reform as set out in the Access

Charge Reform First Report and Order.

This document also corrects the

summary of the Commission’s Report

and Order reforming access charges

published in the Federal Register of

June 11, 1997 (62 FR 31868) (Access

Charge Reform Order), the summary of

the Commission’s Report and Order

revising its price cap regulations for

incumbent local exchange carriers

published in the Federal Register of

June 11, 1997 (62 FR 31939) (X-Factor

Order), and the correction of the access

charge reform summary published in

the Federal Register of July 29, 1997 (62

FR 40460) (Access Charge Reform

Correction).

EFFECTIVE DATE: September 16, 1997.

FOR FURTHER INFORMATION CONTACT:

Richard Lerner, Attorney, Common

Carrier Bureau, Competitive Pricing

Division, (202) 418–1520, email:

rlerner@fcc.gov.

SUPPLEMENTARY INFORMATION: The

Commission sought OMB approval for

certain information collections pursuant

to rule amendments and additions in

the Access Charge Reform Order. OMB

approved the information collections on

June 12, 1997. In the Access Charge

Reform Order, the effective dates for

several rule amendments and additions

were contingent upon OMB approval.

With OMB’s approval, these contingent

dates are no longer necessary. The XFactor Order amended rules

promulgated in the Access Charge

Reform Order. One of these

amendments concerned a rule that had

an effective date contingent on OMB

approval. In light of the OMB approval

on June 12, 1997, we clarify the effective