55518 Federal Register / Vol. 62, No. 207 / Monday, October 27, 1997 / Rules and Regulations

recognized as qualifying educational

institution by the Department of Defense

to satisfy the educational requirements

of 10 U.S.C. 12205, the degree must not

have been awarded more than 8 years

before the date the officer is to be

appointed, or federally recognized, in

the grade of Captain in the Army

Reserve, Army National Guard, Air

Force Reserve, Air National Guard, or

Marine Corps Reserve, or in the grade of

Lieutenant in the Naval Reserve.

§ 67.6 Procedures.

(a) An unaccredited educational

institution may obtain designation as a

qualifying educational institution for a

specific Reserve component officer who

graduated from that educational

institution by providing certification

from registrars at three accredited

educational institutions that maintain

ROTC programs that their educational

institutions would accept at least 90

percent of the credit hours earned by

that officer at the unaccredited

educational institution, as of the year of

graduation.

(b) For an unaccredited educational

institution to be designated as a

qualifying educational institution for a

specific year, that educational

institution must provide the Office of

the Assistant Secretary of Defense for

Reserve Affairs certification from the

registrars at three different accredited

educational institutions that maintain

ROTC programs listing the major field(s)

of study in which that educational

institution would accept at least 90

percent of the credit hours earned by a

student who was awarded a

baccalaureate degree in that major field

of study at the unaccredited educational

institution.

(c) For an unaccredited educational

institution to be considered for

designation as a qualifying educational

institution, the unaccredited

educational institution must submit the

required documentation no later than

January 1 of the year for which the

unaccredited educational institution

seeks to be designated a qualifying

educational institution.

(d) The required documentation must

be sent to the following address: Office

of the Assistant Secretary of Defense for

Reserve Affairs, Attn: DASD (M&P),

1500 Defense Pentagon, Washington, DC

20301–1500.

(e) Applications containing the

required documentation may also be

submitted at any time from

unaccredited educational institutions

requesting designation as a qualifying

educational institution for prior school

years.

Dated: October 20, 1997.

L.M. Bynum,

Alternate OSD Federal Register Liaison

Officer, Department of Defense.

[FR Doc. 97–28355 Filed 10–24–97; 8:45 am]

BILLING CODE 5000–04–M

DEPARTMENT OF DEFENSE

DEPARTMENT OF TRANSPORTATION

Coast Guard

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 21

RIN 2900–AI79

Veterans and Reservists Education:

Additional Educational Assistance

While Serving in the Selected Reserve

AGENCIES: Department of Defense,

Department of Transportation (Coast

Guard), and Department of Veterans

Affairs.

ACTION: Final rule.

SUMMARY: This document amends the

educational assistance and educational

benefits regulations of the Department

of Veterans Affairs (VA). It makes

changes concerning the amount of

monthly educational assistance

available to certain veterans and

reservists training under the

Montgomery GI Bill. These changes

restate statutory requirements and set

forth VA’s statutory interpretations of a

provision of the National Defense

Authorization Act for Fiscal Year 1996.

It also makes nonsubstantive changes by

removing provisions that no longer

apply and by clarifying provisions.

DATES: Effective Date: This final rule is

effective October 27, 1997.

However, the changes in restatements

of statute and in statutory

interpretations will be applied

retroactively from the effective dates of

the statutory provisions. For more

information concerning the dates of

application, see the SUPPLEMENTARY

INFORMATION section.

FOR FURTHER INFORMATION CONTACT: June

C. Schaeffer, Assistant Director for

Policy and Program Administration,

Education Service, Veterans Benefits

Administration, 202–273–7187.

SUPPLEMENTARY INFORMATION: This

document amends regulations

concerning VA-administered

educational assistance and educational

benefits under the Montgomery GI

Bill—Active Duty program (38 CFR part

21, subpart K) and the Montgomery GI

Bill—Selected Reserve program (38 CFR

part 21, subpart L).

The National Defense Authorization

Act for Fiscal Year 1996 (Public Law

104–106) provides that the rate of the

educational assistance allowance may

be increased by an amount not

exceeding $350 per month for certain

persons. To be eligible a person must

qualify for educational assistance

payable under the Montgomery GI Bill—

Active Duty through at least three years

active duty service and must also agree

to serve at least 6 years in the Selected

Reserve, or the person must qualify for

educational assistance payable under

the Montgomery GI Bill—Selected

Reserve. Also, to be eligible the person

must have a skill or specialty designated

by the Secretary of the appropriate

Department of the military as a skill or

specialty in which there is a critical

shortage of personnel or for which it is

difficult to recruit or, in the case of

critical units, to retain personnel. Public

Law 104–106 further provides that the

actual amounts of increase shall be

determined by the Secretary of Defense.

This document amends §§ 21.7136 and

21.7137 for the Montgomery GI Bill—

Active Duty and § 21.7636 for the

Montgomery GI Bill—Selected Reserve

to reflect these statutory amendments.

This document also amends

§§ 21.7131 and 21.7631 concerning

commencing dates to provide that the

effective date for an increase will be the

latest of: the date that would otherwise

be used for such educational assistance;

the first date on which the veteran or

reservist is entitled to the increase as

determined by the Secretary of the

military department concerned; or

February 10, 1996, the effective date of

Public Law 104–106. This document

further amends §§ 21.7135 and 21.7635

concerning discontinuance dates to add

a provision stating that if the veteran or

reservist loses entitlement to the

increase, the effective date for the

reduction in the monthly rate payable is

the date, as determined by the Secretary

of the military department concerned,

that the veteran or reservist is no longer

entitled to the increase. In addition, this

document makes amendments to

§§ 21.7139 and 21.7639 to clarify that

adjustments made for certain

incarcerated persons and for failure to

work sufficient hours of apprenticeship

and other on-job training are applicable

to such increases in payments, in the

same manner as they are to other

payments under the Montgomery GI

Bill—Active Duty or the Montgomery GI

Bill—Selected Reserve. These

amendments, in our view, are required

by statute.
Federal Register / Vol. 62, No. 207 / Monday, October 27, 1997 / Rules and Regulations 55519

The restatements of statute and

statutory interpretations contained in

this final rule will be applied

retroactively from February 10, 1996,

which is the effective date of the

statutory provision.

Nonsubstantive changes also are made

by removing provisions that no longer

apply and by clarifying provisions.

The Department of Defense (DOD), the

Department of Transportation (Coast

Guard), and VA are jointly issuing this

final rule. The additional amount

available to veterans and reservists is

funded by DOD and the Coast Guard,

but is administered by VA.

This final rule merely restates

statutory provisions, sets forth statutory

interpretations, and makes

nonsubstantive changes by removing

provisions that no longer apply and by

clarifying provisions. Accordingly, there

is a basis for dispensing with prior

notice and comment and delayed

effective date provisions of 5 U.S.C. 552

and 553.

The Secretary of Defense, the

Commandant of the Coast Guard, and

the Secretary of Veterans Affairs hereby

certify that this final rule will not have

a significant economic impact on a

substantial number of small entities as

they are defined in the Regulatory

Flexibility Act, 5 U.S.C. 601–612. This

final rule affects individuals and does

not affect small entities. Further, it

merely restates statutory changes, sets

forth statutory interpretations, and

makes nonsubstantive changes.

Pursuant to 5 U.S.C. 605(b), this final

rule, therefore, is exempt from the

initial and final regulatory flexibility

analyses requirements of sections 603

and 604.

The Catalog of Federal Domestic

Assistance number for one of the two

programs affected by this final rule is

64.120. This final rule also affects the

Montgomery GI Bill—Selected Reserve

program, which has no Catalog of

Federal Domestic Assistance number.

List of Subjects in 38 CFR Part 21

Administrative practice and

procedure, Armed forces, Civil rights,

Claims, Colleges and universities,

Conflict of interests, Defense

Department, Education, Employment,

Grant programs-education, Grant

programs-veterans, Health care, Loan

programs-education, Loan programsveterans, Manpower training programs,

Reporting and recordkeeping

requirements, Schools, Travel and

transportation expenses, Veterans,

Vocational education, Vocational

rehabilitation.

Approved: July 22, 1997.

Hershel W. Gober,

Acting Secretary of Veterans Affairs.

Approved: August 13, 1997.

Al H. Bemis,

Deputy Assistant Secretary of Defense for

Reserve Affairs (Manpower and Personnel).

Approved: October 9, 1997.

G.F. Woolever,

Rear Admiral, U.S. Coast Guard, Assistant

Commandant for Human Resources.

For the reasons set out in the

preamble, 38 CFR part 21, subparts K

and L, is amended as set forth below.

PART 21—VOCATIONAL

REHABILITATION AND EDUCATION

Subpart K—All Volunteer Force

Educational Assistance Program

(Montgomery GI Bill—Active Duty)

1. The authority citation for part 21,

subpart K, continues to read as follows:

Authority: 38 U.S.C. 501(a), chs. 30, 36,

unless otherwise noted.

2. In § 21.7131, paragraph (k) is added

after the authority citation following

paragraph (j), to read as follows:

§ 21.7131 Commencing dates.

* * * * *

(k) Increase (‘‘kicker’’) due to service

in the Selected Reserve. If a veteran is

entitled to an increase (‘‘kicker’’) in the

monthly rate of basic educational

assistance because he or she has met the

requirements of § 21.7136(g) or

§ 21.7137(e), the effective date of that

increase (‘‘kicker’’) will be the latest of

the following dates:

(1) The commencing date of the

veteran’s award as determined by

paragraphs (a) through (j) of this section;

(2) The first date on which the veteran

is entitled to the increase (‘‘kicker’’) as

determined by the Secretary of the

military department concerned; or

(3) February 10, 1996.

(Authority: 10 U.S.C. 16131)

3. In § 21.7135, paragraph (bb) is

redesignated as paragraph (cc), and a

new paragraph (bb) is added, to read as

follows:

§ 21.7135 Discontinuance dates.

* * * * *

(bb) Reduction following loss of

increase (‘‘kicker’’) for Selected Reserve

service. If a veteran is entitled to an

increase (‘‘kicker’’) in the monthly rate

of basic educational assistance as

provided in § 21.7136(g) or § 21.7137(e),

due to service in the Selected Reserve,

and loses that entitlement, the effective

date for the reduction in the monthly

rate payable is the date, as determined

by the Secretary of the military

department concerned, that the veteran

is no longer entitled to the increase

(‘‘kicker’’).

(Authority: 10 U.S.C. 16131)

4. In § 21.7136, paragraph (d)

introductory text is amended by

removing ‘‘paragraph (e)’’, and adding,

in its place, ‘‘paragraphs (f) and (g)’’;

paragraph (e)(1) is amended by

removing ‘‘(c)’’ and adding, in its place,

‘‘(d)’’ and by removing ‘‘(a) or (b)’’ and

adding, in its place, ‘‘(b) or (c)’’; and

paragraph (e) introductory text is

revised, and paragraph (g) is added after

the authority citation following

paragraph (f), to read as follows:

§ 21.7136 Rates for payment of basic

educational assistance.

* * * * *

(e) Less than one-half-time training

and rates for servicemembers. Except as

provided in paragraph (g) of this

section, the monthly rate for a veteran

who is pursuing a course on a less than

one-half-time basis or the monthly rate

for a servicemember who is pursuing a

program of education is the lesser of:

* * * * *

(g) Increase (‘‘kicker’’) in basic

educational assistance rates payable for

service in the Selected Reserve. (1) The

Secretary of the military department

concerned may increase the amount of

basic educational assistance payable

under paragraph (b), (c), (d), (e), or (f) of

this section, as appropriate. The

increase (‘‘kicker’’) is payable to a

veteran who has a skill or specialty in

which there is a critical shortage of

personnel or for which it is difficult to

recruit, or, in the case of critical units,

retain personnel, if the veteran:

(i) Establishes eligibility for

educational assistance under

§ 21.7042(a) or § 21.7045; and

(ii) Meets the criteria of

§ 21.7540(a)(1) with respect to service in

the Selected Reserve.

(2) The Secretary of the military

department concerned—

(i) Will, for such an increase

(‘‘kicker’’), set an amount of the increase

(‘‘kicker’’) for full-time training, but the

increase (‘‘kicker’’) may not exceed $350

per month; and

(ii) May set the amount of the increase

(‘‘kicker’’) payable, for a veteran

pursuing a program of education less

than full time or pursuing a program of

apprenticeship or other on-job training,

at an amount less than the amount

described in paragraph (g)(2)(i) of this

section.

(Authority: 10 U.S.C. 16131(i)(2))

5. In § 21.7137, paragraphs (e) and (f)

are redesignated as paragraphs (f) and
55520 Federal Register / Vol. 62, No. 207 / Monday, October 27, 1997 / Rules and Regulations

(g), respectively; paragraph (b)

introductory text is revised; and a new

paragraph (e) is added, to read as

follows:

§ 21.7137 Rates of payment of basic

educational assistance for individuals with

remaining entitlement under 38 U.S.C. ch.

34.

* * * * *

(b) Less than one-half-time training.

Except as provided in paragraphs (d)

and (e) of this section, the monthly rate

for a veteran who is pursuing a course

on a less than one-half-time basis is the

lesser of:

* * * * *

(e) Increase (‘‘kicker’’) in basic

educational assistance rates for service

in the Selected Reserve. (1) The

Secretary of the military department

concerned may increase the amount of

basic educational assistance payable

under paragraph (a), (b), or (d) of this

section, as appropriate. The increase

(‘‘kicker’’) is payable to a veteran who

has a skill or specialty in which there

is a critical shortage of personnel or for

which it is difficult to recruit, or, in the

case of critical units, retain personnel, if

the veteran:

(i) Establishes eligibility for

educational assistance under

§ 21.7044(a); and

(ii) Meets the criteria of

§ 21.7540(a)(1) with respect to service in

the Selected Reserve.

(2) The Secretary of the military

department concerned—

(i) Will, for such an increase, set the

amount of the increase (‘‘kicker’’)

payable for full-time training, but the

increase (‘‘kicker’’) may not exceed $350

per month;

(ii) May set the amount of the

‘‘kicker’’ payable, for a veteran pursuing

a program of education less than full

time or pursuing an apprenticeship or

other on-job training, at an amount less

than the amount described in paragraph

(e)(2)(i) of this section.

(Authority: 10 U.S.C. 16131(i)(2))

* * * * *

6. In § 21.7139, the introductory text

is amended by removing ‘‘of this part’’;

paragraphs (a), (g), and (h) are removed;

paragraphs (b), (c), (d), (e), (f), (i), and

(j) are redesignated as paragraphs (a),

(b), (c), (d), (e), (f), and (g), respectively;

newly redesingated (g)(2) is

redesingated as (g)(3); the authority

citation for newly redesignated

paragraph (b) is amended by removing

‘‘; Pub. L. 98–525’’; the authority

citation for newly redesignated

paragraph (c) is amended by removing

‘‘; Pub. L. 98–525’’; newly redesignated

paragraph (d)(2)(iii) is amended by

removing ‘‘of this part’’; the authority

citation for newly redesignated

paragraph (d) is amended by removing

‘‘; Pub. L. 98–525’’; newly redesignated

paragraph (e)(2)(ii) is amended by

removing ‘‘of this part’’ each time it

appears and by removing

‘‘§ 21.7137(d)’’, and adding, in its place,

‘‘§ 21.7137(d) or (e)’’, newly

redesignated paragraph (e)(2)(iii) is

amended by removing ‘‘§ 21.7136(c)’’,

and adding, in its place ‘‘§ 21.7136(d),

(f), or (g)’’; newly redesignated

paragraph (e)(2)(iii) is amended by

removing ‘‘of this part’’ each time it

appears; newly redesignated paragraph

(e)(3)(iii) is amended by removing ‘‘of

this part’’ both times it appears; the

authority citation for newly

redesignated paragraph (e) is amended

by removing ‘‘; Pub. L. 98–525’’; newly

redesignated paragraph (g)(3)(ii) is

amended by removing ‘‘§ 21.4270(b)’’

and adding, in its place, ‘‘§ 21.4270(c)’’;

the section heading and newly

redesignated paragraph (g)(1) are

revised, and a new paragraph (g)(2) is

added, to read as follows:

§ 21.7139 Conditions which result in

reduced rates or no payment.

* * * * *

(g) Failure to work sufficient hours of

apprenticeship and other on-job

training. (1) For any month in which an

eligible veteran pursuing an

apprenticeship or other on-job training

program fails to complete 120 hours of

training, VA will reduce

proportionally—

(i) The rates specified in

§§ 21.7136(b)(2), (c)(2), (d)(3), and (d)(4),

and 21.7137(a)(2) and (d)(2); and

(ii) Any increase (‘‘kicker’’) set by the

Secretary of the military department

concerned as described in §§ 21.7136(g)

and 21.7137(e).

(2) In making the computations

required by paragraph (g)(1) of this

section, VA will round the number of

hours worked to the nearest multiple of

eight.

* * * * *

Subpart L—Educational Assistance for

Members of the Selected Reserve

7. The authority citation for part 21,

subpart L, continues to read as follows.

Authority: 10 U.S.C. ch. 1606; 38 U.S.C.

501(a), ch. 36, unless otherwise noted.

8. In § 21.7631, paragraph (h) is added

after the authority citation following

paragraph (g), to read as follows:

§ 21.7631 Commencing dates.

* * * * *

(h) Increase (‘‘kicker’’) in amount

payable. If a reservist is entitled to an

increase (‘‘kicker’’) in the monthly rate

of educational assistance because he or

she has met the requirements of

§ 21.7636(b), the effective date of that

increase (‘‘kicker’’) will be the latest of

the following dates:

(1) The commencing date of the

reservist’s award as determined by

paragraphs (a) through (g) of this

section; or

(2) The first date on which the

reservist is entitled to the increase

(‘‘kicker’’) as determined by the

Secretary of the military department

concerned; or

(3) February 10, 1996.

(Authority: 10 U.S.C. 16131)

9. In § 21.7635, paragraph (x) is

redesignated as paragraph (y); and a

new paragraph (x) is added, to read as

follows:

§ 21.7635 Discontinuance dates.

* * * * *

(x) Reduction following loss of

increase (‘‘kicker’’). If a reservist is

entitled to an increase (‘‘kicker’’) in the

monthly rate of basic educational

assistance as provided in § 21.7636(b)

and loses that entitlement, the effective

date for the reduction in the monthly

rate payable is the date, as determined

by the Secretary of the military

department concerned, that the reservist

is no longer entitled to the increase

(‘‘kicker’’).

(Authority: 10 U.S.C. 16131)

* * * * *

10. In § 21.7636, paragraph (b) is

redesignated as paragraph (c); and a new

paragraph (b) is added, to read as

follows:

§ 21.7636 Rates of payment.

* * * * *

(b) Increase (‘‘kicker’’) in educational

assistance rates. (1) The Secretary of the

military department concerned may

increase the amount of educational

assistance stated in paragraph (a) of this

section that is payable to a reservist who

has a skill or specialty in which there

is a critical shortage of personnel or for

which it is difficult to recruit, or, in the

case of critical units, retain personnel.

(2) The Secretary of the military

department concerned—

(i) Will set the amount of the increase

(‘‘kicker’’) for full-time training, but the

increase (‘‘kicker’’) may not exceed $350

per month; and

(ii) May set the amount of the increase

(‘‘kicker’’) payable, for a reservist

pursuing a program of education less

than full time or pursuing an

apprenticeship or other on-job training,

at an amount less than the amount
Federal Register / Vol. 62, No. 207 / Monday, October 27, 1997 / Rules and Regulations 55521

described in paragraph (b)(2)(i) of this

section.

(Authority: 10 U.S.C. 16131(i)(1))

* * * * *

11. In § 21.7639, paragraph (f)(2) is

redesignated as paragraph (f)(3);

paragraph (c)(2)(ii), the authority

citation for paragraph (c), paragraph

(f)(1), and the authority citation for

paragraph (f) are revised; and a new

paragraph (f)(2) is added, to read as

follows:

§ 21.7639 Conditions which result in

reduced rates or no payment.

* * * * *

(c) * * *

(2) * * *

(ii) The monthly rate as stated in

§ 21.7636(a) and any increase payable

under § 21.7636(b).

* * * * *

(Authority: 10 U.S.C. 16131(i)(1), 16136(b);

38 U.S.C. 3482(g))

* * * * *

(f) Failure to work sufficient hours of

apprenticeship and other on-job

training. (1) For any calendar month in

which a reservist pursuing an

apprenticeship or other on-job training

program fails to complete 120 hours of

training, VA will reduce

proportionally—

(i) The rates specified in

§ 21.7636(a)(2); and

(ii) Any increase set by the Secretary

of the military department concerned as

described in § 21.7636(b).

(2) In making the computations

required by paragraph (f)(1) of this

section, VA will round the number of

hours worked to the nearest multiple of

eight.

(Authority: 10 U.S.C. 2131(d)(2), 16131(i)(1);

sec. 642 (b), (d), Pub. L. 101–189, 103 Stat.

1456–1458)

* * * * *

[FR Doc. 97–28364 Filed 10–24–97; 8:45 am]

BILLING CODE 8320–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[NH–7157a–FRL–5906–8]

Approval and Promulgation of

Implementation Plans; New Hampshire

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: The EPA today is approving

State Implementation Plan (SIP)

revisions submitted by the State of New

Hampshire. These revisions consist of

the 1990 base year ozone emission

inventories, and establishment of a

Photochemical Assessment Monitoring

System (PAMS) network.

The inventories were submitted by

the State to satisfy a Clean Air Act

(CAA) requirement that States

containing ozone nonattainment areas

submit inventories of actual ozone

precursor emissions in accordance with

guidance from the EPA. The PAMS SIP

revision was submitted to satisfy the

requirements of the CAA and the PAMS

regulation. The PAMS regulation

required the State to provide for the

establishment and maintenance of an

enhanced ambient air quality

monitoring network in the form of

PAMS by November 12, 1993. The

intended effect of this action is to

approve as a revision to the New

Hampshire SIP the state’s 1990 base

year ozone emission inventories and

PAMS network.

DATES: This action is effective on

December 26, 1997 unless adverse or

critical comments are received by

November 26, 1997. If the effective date

is delayed, timely notice will be

published in the Federal Register.

ADDRESSES: Written comments on this

action should be addressed to Susan

Studlien, Deputy Director, Office of

Ecosystem Protection, Environmental

Protection Agency, Region I, JFK

Federal Building, Boston,

Massachusetts, 02203. Copies of the

documents relevant to this action are

available for public inspection during

normal business hours at the EPA

Region I office, and at the New

Hampshire Department of

Environmental Services, Air Resources

Division, 64 North Main Street, Caller

Box 2033, Concord, NH 03302–2033.

Persons interested in examining these

documents should make an

appointment with the appropriate office

at least 24 hours before the visiting day.

FOR FURTHER INFORMATION CONTACT:

Robert F. McConnell, Air Quality

Planning Group, EPA Region I, JFK

Federal Building, Boston,

Massachusetts, 02203; telephone (617)

565–9266.

SUPPLEMENTARY INFORMATION: New

Hampshire submitted a SIP revision to

the EPA consisting of 1990 base year

emission inventories of ozone

precursors on January 26, 1993. The

State submitted a SIP revision

establishing a PAMS network into the

State’s overall ambient air quality

monitoring network on December 13,

1994. This notice is divided into four

parts:

I. Background Information

II. Analysis of State Submission

III. Final Action

IV. Administrative Requirements

I. Background

1. Emission Inventory

Under the CAA as amended in 1990,

States have the responsibility to

inventory emissions contributing to

NAAQS nonattainment, to track these

emissions over time, and to ensure that

control strategies are being implemented

that reduce emissions and move areas

towards attainment. The CAAA requires

ozone nonattainment areas designated

as moderate, serious, severe, and

extreme to submit a plan within three

years of 1990 to reduce VOC emissions

by 15 percent within six years after

1990. The baseline level of emissions,

from which the 15 percent reduction is

calculated, is determined by adjusting

the base year inventory to exclude

biogenic emissions and to exclude

certain emission reductions not

creditable towards the 15 percent. The

1990 base year emissions inventory is

the primary inventory from which the

periodic inventory, the Reasonable

Further Progress (RFP) projection

inventory, and the modeling inventory

are derived. Further information on

these inventories and their purpose can

be found in the ‘‘Emission Inventory

Requirements for Ozone State

Implementation Plans,’’ U.S.

Environmental Protection Agency,

Office of Air Quality Planning and

Standards, Research Triangle Park,

North Carolina, March 1991. The base

year inventory may also serve as part of

statewide inventories for purposes of

regional modeling in transport areas.

The base year inventory plays an

important role in modeling

demonstrations for areas classified as

moderate and above outside transport

regions.

The air quality planning requirements

for marginal to extreme ozone

nonattainment areas are set out in

section 182(a)–(e) of title I of the CAA.

The EPA has issued a General Preamble

describing the EPA’s preliminary views

on how the agency intends to review

SIP revisions submitted under title I of

the Act, including requirements for the

preparation of the 1990 base year

inventory [see 57 FR 13502; April 16,

1992 and 57 FR 18070; April 28, 1992].

Because the EPA is describing its

interpretations here only in broad terms,

the reader should refer to the General

Preamble for a more detailed discussion

of the interpretations of title I advanced

in today’s proposal and the supporting

rationale.

Those States containing ozone

nonattainment areas classified as