Federal Register / Vol. 62, No. 177 / Friday, September 12, 1997 / Proposed Rules 48033

may be significantly or uniquely

impacted by the rule.

EPA has determined that the approval

action proposed 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 requirements. Accordingly, no

additional costs to State, local, or tribal

governments, or to the private sector,

result from this action.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide,

Hydrocarbons, Incorporation by

reference, Intergovernmental relations,

Nitrogen dioxide, Ozone, Reporting and

recordkeeping requirements.

Dated: August 29, 1997.

A. Stanley Meiburg,

Acting Regional Administrator.

[FR Doc. 97–24241 Filed 9–11–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[TX35–1–6168; FRL–5891–8]

Approval and Promulgation of Air

Quality State Implementation Plans

(SIP); Texas; Propose Disapproval of

Revisions to the State Implementation

Plan; Chapter IV, Sections 114.1 and

114.5

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: The EPA is proposing

disapproval of SIP revisions Texas

submitted for Regulation IV, 30 TAC

Chapter 114, sections 114.1

‘‘Maintenance and Operation of Air

Pollution Control Systems or Devices

Used to Control Emissions from Motor

Vehicles’’ and 114.5 ‘‘Exclusions and

Exceptions’’ on February 24, 1989,

September 6, 1990, and July 13, 1993.

The EPA is acting on these three

previously submitted revisions that

relate to State wide antitampering

provisions and exemptions to

antitampering provisions for motor

vehicles or motor vehicle engine

emission control systems. The EPA is

proposing disapproval because the

States antitampering rules are not

consistent with the Clean Air Act (the

Act), section 203(a)(3) and EPA

tampering prohibition as outlined in

EPA’s antitampering Enforcement

Policy, Mobile Source Enforcement

Memorandum No. 1A.

DATES: Comments must be received on

or before October 14, 1997.

ADDRESSES: Written comments on this

action should be addressed to Mr.

Thomas H. Diggs, Chief, Air Planning

Section, Environmental Protection

Agency, Region 6, 1445 Ross Avenue,

Suite 700, Dallas, Texas 75202–2733.

Copies of the documents about this

action are available for public

inspection during normal business

hours at the above and following

locations. Persons interested in

examining these documents should

make an appointment with the

appropriate office at least 24 hours

before the visiting day.

Environmental Protection Agency,

Region 6, 1445 Ross Avenue, Suite 700,

Dallas, Texas 75202–2733.

Texas Natural Resource Conservation

Commission, 12100 Park 35 Circle,

Austin, Texas 78711–3087.

FOR FURTHER INFORMATION CONTACT: Mr.

Paul Scoggins, Air Planning Section

(6PD–L), EPA Region 6, 1445 Ross

Avenue, Dallas, Texas 75202–2733,

telephone (214) 665–7354 or via e-mail

at scoggins.paul@epamail.epa.gov.

While information may be requested via

e-mail, comments must be submitted in

writing to the above Region 6 address.

SUPPLEMENTARY INFORMATION:

I. Summary of State Submittal

On February 24, 1989, September 6,

1990, and July 13, 1993, EPA received

revisions to the Texas SIP for changes to

Regulation IV, 30 TAC Chapter 114,

sections 114.1 and 114.5, 114.5, and

114.1 and 114.5 respectively. In their

regulations, Texas adopted specific

measures restricting emission control

equipment removal/modifications

(antitampering) and exempting or

providing exclusions for vehicles from

antitampering requirements.

The Federal tampering prohibition for

emission control equipment for motor

vehicles and motor vehicle engines is

contained in section 203(a)(3) of the

Act, 42 U.S.C. 7522(a)(3). Section

203(a)(3)(A) of the Act prohibits ‘‘any

person from removing or rendering

inoperative any emission control device

or element of design installed on or in

a motor vehicle or motor vehicle engine

prior to its sale and delivery to an

ultimate purchaser’’ and prohibits ‘‘any

person from knowingly removing or

rendering inoperative any such device

or element of design after such sale and

delivery to the ultimate purchaser.’’

Mobile Source Enforcement

Memorandum No. 1A provides

guidance on what is a violation of

section 203(a)(3).

The State revision, received February

24, 1989, made the following changes.

Section 114.1 prohibits: (1) The removal

of or render inoperative any system or

device used to control emissions from a

motor vehicle or motor vehicle engine

or any part thereof; (2) specifies the

conditions for the acceptable removal

and/or installation of vehicle engines,

catalytic converters, or other emission

control components; (3) prohibits

leasing, sale, or offer to sale motor

vehicles that have tampered emission

control equipment; (4) and finally,

establishes sign posting requirements

for prohibitions.

Section 114.5 exempts from the

provisions of 114.1: (1) Dual-fuel

conversions specified by the

Department of Public Safety (DPS); (2)

vehicles belonging to persons being

transferred to a foreign country and

specifies associated documentation

requirements; (3) sales or offers for sale

motor vehicles for wholesale transaction

and for sales or trade-ins from an

individual to a vehicle dealer; (4)

Federal, State and local agencies that

sell abandoned, confiscated, or seized

vehicles and vehicle auction facilities if

specific conditions are satisfied.

The State revision, received

September 9, 1990, to section 114.5

exempts all dealer transactions that do

not result in the sale of a tampered

vehicle to an individual for operation on

a public highway.

The State revision, received on July

13, 1993, made the following changes.

Section 114.1 addresses the replacement

or installation of aftermarket alternative

fuel conversions equipment and any

other system or device relating to

emissions, safety concerns and

antitampering. Section 114.5 specifies

conditions for granting motor vehicle

and motor vehicle engine exclusions

from the provisions of section 114.1,

deletes original text in 114.5(c) to

improve consistency with section 114.1,

and redesignates original paragraphs.

II. Analysis of State Submittal

The EPA is proposing disapproval of

the revisions to Texas SIP for Texas

Regulation IV, 30 TAC Chapter 114,

sections 114.1 and 114.5 based on the

following inconsistencies. Section 114.1

(b)(4) allows replacement or installation

of any system or device (other than

catalytic converters, engines and the

conversion of the vehicle to alternative

fuels, which are handled under separate

subsections) if: The system or device

can be demonstrated to be at least as

effective in reducing emissions as the

original equipment. This rule does not
48034 Federal Register / Vol. 62, No. 177 / Friday, September 12, 1997 / Proposed Rules

provide how the above demonstration

will be made nor the criteria for the

demonstration. Section 114.5(a)(1)

allows registered farm vehicles used

primarily on a farm or ranch to remove

or make inoperable the farm vehicles air

pollution control system or device used

to control emissions from the farm

vehicle. This exemption is contrary to

section 203(a)(3)(A) of the Act and EPA

tampering prohibition as outlined in

Memorandum No. 1A. Section 114.5(c)

allows exclusion from tampering laws

by petition to state for danger to person

or property. The EPA has never

recognized any circumstances that merit

removal of a catalytic converter or other

emissions controls because of a fire

hazard or other problem. Again, this is

contrary to the Act and EPA tampering

prohibition. In addition, section

114.1(b)(3) references a deleted section

and section 114.1(e) allows dispensing

of leaded gasoline if properly labeled.

The Act banned the dispensing of

leaded gasoline on January 1, 1996.

III. Proposed Action

The EPA is proposing disapproval of

the State submitted revisions received

on February 21, 1989, September 20,

1990, and July 13, 1993, for Regulation

IV, 30 TAC Chapter 114, sections 114.1

and 114.5. The EPA has evaluated the

submitted rules and has determined that

they are not consistent with the Clean

Air Act, and EPA tampering prohibition.

The Regional office, with EPA’s Office

of Mobile Sources has initiated efforts to

help ensure that this action is consistent

with the Act and Memo 1A, and will not

interfere with any applicable

requirement concerning attainment or

any other applicable requirement of the

Act. These revisions are not required by

the Act. Therefore, this proposed

disapproval action does not impose

sanctions for failure to meet Act

requirements.

The EPA is soliciting public

comments on the proposed action

discussed in this document or on other

relevant matters. These comments will

be considered before taking final action.

Interested parties may participate in the

Federal rule making procedure by

submitting written comments to the

EPA Regional office listed in the

ADDRESSES section of this document.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

request for revision to any state

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.

IV. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget

has exempted this regulatory action

from Executive Order 12866 review.

B. 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. See 5 U.S.C.

603 and 604. Alternatively, EPA may

certify that the rule will not have a

significant impact on a substantial

number of small entities. Small entities

include small businesses, small not-forprofit enterprises, and government

entities with jurisdiction over

populations of less than 50,000.

The EPA’s disapproval of the State

request under section 110 and

subchapter I, part D of the Act does not

affect any existing requirements

applicable to small entities. Any

preexisting Federal requirements remain

in place after this disapproval. Federal

disapproval of the State submittal does

not affect its State-enforceability.

Moreover, EPA’s disapproval of the

submittal does not impose any new

Federal requirements. Therefore, EPA

certifies that this disapproval action

does not have a significant impact on a

substantial number of small entities

because it does not remove existing

requirements and impose any new

Federal requirements.

C. Unfunded Mandates

Under section 202 of the Unfunded

Mandates Reform Act of 1995, 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.

The EPA has determined that the

disapproval action proposed 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 disapproval

action imposes no new requirements.

Accordingly, no additional costs to

State, local, or tribal governments, or to

the private sector, result from this

action.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide,

Hydrocarbons, Incorporation by

reference, Intergovernmental relations,

Nitrogen dioxide, Ozone, Reporting and

recordkeeping requirements.

Dated: August 11, 1997.

Jerry Clifford,

Acting Regional Administrator.

[FR Doc. 97–24242 Filed 9–11–97; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 1

[WT Docket No. 97–192; FCC 97–303]

Procedures for Reviewing Requests

for Relief From State and Local

Regulations Pursuant to Section

332(c)(7)(B)(v) of the Communications

Act of 1934

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: This Notice of Proposed

Rulemaking (NPRM) in WT Docket No.

97–192, opens a new proceeding to

establish procedures for filing and

reviewing requests for relief from state

or local regulations based directly or

indirectly on the environmental effects

of RF emissions.

DATES: Comments are due October 9,

1997. Reply comments are due October

24, 1997.

ADDRESSES: Office of the Secretary,

Federal Communications Commission,

Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT:

Shaun A. Maher, Policy and Rules

Branch, Commercial Wireless Division,

Wireless Telecommunications Bureau,

Federal Communications Commission,

(202) 418–7240.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s NPRM,

WT Docket 97–192, FCC 97–303,

adopted August 25, 1997, and released

August 25, 1997. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the FCC Reference

Center (Room 239), 1919 M Street, N.W.,

Washington, D.C., and also may be