Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Rules and Regulations 54585

nested repeating groups of data items.

The file should not contain extraneous

control characters, except record length

indicators for variable length records, or

marks delimiting a data element, field,

record, or file. If records or data

elements in different files need to be

linked or combined, then each record

must contain one or more data elements

that constitute primary and/or foreign

keys enabling valid linkages between

the related records in separate files.

(2) Textual documents. Electronic

textual documents shall be transferred

as plain ASCII files; however, such files

may contain Standard Generalized

Markup Language (SGML) tags.

(3) Digital spatial data files. Digital

spatial data files shall be transferred to

NARA in accordance with the Spatial

Data Transfer Standard (SDTS) as

defined in the Federal Information

Processing Standard 173–1 (June 10,

1994) which is incorporated by

reference. Digital geospatial data files

created on systems procured prior to

February 1994 which do not have a

SDTS capability are exempt from this

requirement. Agencies should consult

with NARA for guidance on transferring

noncompliant digital geospatial data

files created between February 1, 1994

and the effective date of this paragraph.

The standard cited in this paragraph is

available from the National Technical

Information Service, Department of

Commerce, Springfield, VA 22161.

When ordering, cite FIPSPUB173–1,

Spacial Data Transfer Standard (SDTS).

This standard is also available for

inspection at the Office of the Federal

Register, 800 North Capitol Street, NW.,

Suite 700, Washington, D.C. This

incorporation by reference was

approved by the Director of the Federal

Register in accordance with 5 U.S.C.

552(a) and 1 CFR part 51. These

materials are incorporated by reference

as they exist on the date of approval and

a notice of any change in these materials

will be published in the Federal

Register.

(4) Other categories of electronic

records. Agencies should identify any

foreseeable problems in the possible

transfer of potentially permanent

electronic records in accordance with

paragraphs (d) (1), (2), and (3) of this

section at the time the records are

scheduled. Special transfer

requirements agreed upon by NARA and

the agency shall be included in the

disposition instructions.

(5) NARA consultation. The agency

shall consult with NARA for guidance

on the transfer of types of electronic

records other than those prescribed in

paragraphs (d) (1), (2), and (3) of this

section.

(e) Documentation. Documentation

adequate to identify, service and

interpret electronic records that have

been designated for preservation by

NARA shall be transferred with the

records. This documentation shall

include completed NARA Form 14097,

Technical Description for Transfer of

Electronic Records, and a completed

NARA Form 14028, Information System

Description Form, or their equivalents.

Where possible, agencies should submit

required documentation in an electronic

form that conforms to the provisions of

this section.

(1) Data files. Documentation for data

files and data bases must include record

layouts, data element definitions, and

code translation tables (codebooks) for

coded data. Data element definitions,

codes used to represent data values and

interpretations of these codes must

match the actual format and codes as

transferred.

(2) Digital spatial data files. Digital

spatial data files shall include the

documentation specified in paragraph

(e)(1) of this section. In addition,

documentation for digital spatial data

files may include metadata that

conforms to the Federal Geographic

Data Committee’s Content Standards for

Digital Geospatial Metadata, as specified

in Executive Order 12906 of April 11,

1994 (3 CFR, 1995 Comp., p. 882).

(3) Documents containing SGML tags.

Documentation for electronic files

containing textual documents with

SGML tags shall include a table for

interpreting the SGML tags, when

appropriate.

PART 1234—ELECTRONIC RECORDS

MANAGEMENT

3. The authority citation for part 1234

continues to read:

Authority: 44 U.S.C. 2904, 3101, and 3105

4. In § 1234.30, paragraph (a)(4) is

revised to read:

§ 1234.30 Selection and maintenance of

electronic records storage media.

(a) * * *

(4) If the media contains permanent

records and does not meet the

requirements for transferring permanent

records to NARA as outlined in

§ 1228.188 of this chapter, permit the

migration of the permanent records at

the time of transfer to a medium which

does meet the requirements.

* * * * *

Dated: October 15, 1997.

John W. Carlin,

Archivist of the United States.

[FR Doc. 97–27822 Filed 10–20–97; 8:45 am]

BILLING CODE 7515–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[VA079–5020a; FRL–5909–9]

Approval and Promulgation of Air

Quality Implementation Plans;

Virginia—General Conformity Rule

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving a State

Implementation Plan (SIP) revision

submitted by the Commonwealth of

Virginia. This revision consists of

Virginia’s regulation for General

Conformity which sets forth policy,

criteria, and procedures for

demonstrating and assuring conformity

of non-transportation related federal

projects to all applicable

implementation plans. The intended

effect of this action is to approve

Virginia’s General Conformity Rule as a

SIP revision.

DATES: This action is effective December

22, 1997 unless notice is received on or

before November 20, 1997 that adverse

or critical comments will be submitted.

If the effective date is delayed, timely

notice will be published in the Federal

Register.

ADDRESSES: Comments may be mailed to

David L. Arnold, Chief, Ozone/CO &

Mobile Sources Section, Mailcode

3AT21, U.S. Environmental Protection

Agency, Region III, 841 Chestnut

Building, Philadelphia, Pennsylvania

19107. Copies of the documents relevant

to this action are available for public

inspection during normal business

hours at the Air, Radiation, and Toxics

Division, U.S. Environmental Protection

Agency, Region III, 841 Chestnut

Building, Philadelphia, Pennsylvania

19107; the Air and Radiation Docket

and Information Center, Environmental

Protection Agency, 401 M. Street, S.W.,

Washington, D.C. 20460; and the

Virginia Department of Environmental

Quality, 629 East Main Street,

Richmond, Virginia 23219.

FOR FURTHER INFORMATION CONTACT: Rose

Quinto, (215) 566–2182, at the EPA

Region III office or via e-mail at

quinto.rose@epamail.epa.gov. While

information may be requested via email, comments must be submitted in

writing to the above Region III address.

SUPPLEMENTARY INFORMATION: On

January 27, 1997, the Virginia

Department of Environmental Quality

(DEQ) submitted a formal revision to its

State Implementation Plan (SIP) to EPA

for the purpose of meeting the
54586 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Rules and Regulations

requirements of 40 CFR 51.851, State

Implementation Plans, found under 40

CFR 51, subpart W, Determining

Conformity of General Actions to State

and Federal Implementation Plans. Part

51, subpart W is commonly referred to

as the federal General Conformity Rule.

The DEQ submittal, which is the subject

of this approval action, is Regulation 9

VAC 5 Chapter 160—Regulation for

General Conformity. The

Commonwealth of Virginia adopted a

rule by the State Air Pollution Control

Board on August 13, 1996 in accordance

with the requirements of § 10.1–1308 of

the Virginia Air Pollution Control Law

and 40 CFR Part 51, with an effective

date of January 1, 1997. This action to

approve Virginia’s General Conformity

regulation as a SIP revision is being

taken under section 110 of the Clean Air

Act (CAA).

Summary of SIP Revision

Virginia Regulation 9 VAC 5 Chapter

160, Regulation for General Conformity,

establishes standards and procedures to

follow when evaluating conformity of

non-transportation related federal

projects to all applicable

implementation plans developed

pursuant to section 110 and part D of

the CAA.

At 40 CFR part 51, subpart W, EPA

promulgated the federal rule for General

Conformity to implement section 176(c)

of the CAA. This rule sets forth policy,

criteria, and procedures for

demonstrating and assuring conformity

of federal actions to all applicable

implementation plans developed

pursuant to section 110 and part D of

the CAA. The rule generally applies to

federal actions except:

(1) Those required under the

transportation conformity rule (40 CFR

part 93, subpart A);

(2) Actions with associated emissions

below specified de minimis levels; and

(3) Certain other actions which are

exempt or presumed to conform to

applicable air quality implementation

plans.

At 40 CFR 51.851, State

Implementation Plans, EPA

promulgated the requirements that must

be adopted by the state and submitted

as a SIP revision to implement the

General Conformity provisions. The

provisions adopted by the

Commonwealth of Virginia for General

Conformity are those contained in and

required by the federal rule. EPA has

reviewed Virginia Regulation 9 VAC 5

Chapter 160, Regulation for General

Conformity, and has determined that it

satisfies the requirements of 40 CFR

51.851. A Technical Support Document

(TSD) has been prepared which details

the EPA’s evaluation of Virginia

Regulation 9 VAC 5 Chapter 160.

Interested parties may obtain a copy of

the TSD by contacting the EPA Regional

Office listed in the ADDRESSES section of

this document.

EPA is approving this SIP revision

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, EPA is proposing to

approve the SIP revision should adverse

and critical comments be filed. This

action will be effective December 22,

1997 unless, by November 20, 1997,

adverse or critical comments are

received. If 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. 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 on December 22, 1997.

Final Action

EPA is approving the final SIP

revision of Virginia Regulation 9 VAC 5

Chapter 160, Regulation for General

Conformity, submitted by the

Commonwealth of Virginia on January

27, 1997, effective January 1, 1997.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

request for revision to any SIP. Each

request for revision to the SIP shall be

considered separately in light of specific

technical, economic, and environmental

factors and in relation to relevant

statutory and regulatory requirements.

Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget

(OMB) has exempted this action from

review under Executive Order 12866.

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. 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-for-profit

enterprises, and government entities

with jurisdiction over populations of

less than 50,000.

SIP approvals under section 110 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, the

Administrator certifies 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

flexibility analysis would constitute

Federal inquiry into the economic

reasonableness of state action. The CAA

forbids EPA to base its actions

concerning SIPs on such grounds.

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

246, 255–66 (1976); 42 U.S.C.

7410(a)(2).

C. Unfunded Mandates

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 the private sector, of

$100 million or more. Under section

205, EPA must select the most costeffective 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 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
Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Rules and Regulations 54587

Office prior to the publication of the

rule of 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 CAA,

petitions for judicial review of this

action to approve revisions to the

Virginia SIP must be filed in the United

States Court of Appeals for the

appropriate circuit by December 22,

1997. Filing a petition for

reconsideration by the Administrator of

this 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 a rule

or action. This action pertaining to the

Virginia General Conformity Rule may

not be challenged later in the

proceedings to enforce its requirements.

(See section (b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Hydrocarbons,

Incorporation by reference,

Intergovernmental relations, Nitrogen

dioxide, Ozone, Reporting and

recordkeeping requirements.

Dated: September 29, 1997.

Thomas Voltaggio,

Acting Regional Administrator, Region III.

40 CFR part 52, 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 VV—Virginia

2. Section 52.2420 is amended by

adding paragraph (c)(118) to read as

follows:

§ 52.2420 Identification of plan.

* * * * *

(c) * * *

(118) Revision to the Virginia State

Implementation Plan on January 27,

1997 by the Virginia Department of

Environmental Quality:

(i) Incorporation by reference.

(A) A letter of January 27, 1997 from

the Virginia of Department

Environmental Quality transmitting the

General Conformity Rule.

(B) Virginia Regulation 9 VAC 5

Chapter 160—Regulation for General

Conformity, effective January 1, 1997.

(ii) Additional Material from the

Virginia’s January 27, 1997 submittal

pertaining to Regulation 9 VAC 5

Chapter 160.

[FR Doc. 97–27846 Filed 10–20–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[CA 193–054; FRL–5907–9]

Approval and Promulgation of

Implementation Plans; California State

Implementation Plan Revision, Bay

Area Air Quality Management District

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is finalizing the approval

of revisions to the California State

Implementation Plan (SIP) proposed in

the Federal Register on July 11, 1997.

The revisions concern rules from the

following District: Bay Area Air Quality

Management District (BAAQMD). This

approval action will incorporate these

rules into the federally approved SIP.

The intended effect of approving these

rules is to implement the transportation

conformity provisions of the Clean Air

Act, as amended in 1990 (CAA or the

Act). The rules define the criteria and

procedures for transportation

conformity actions and consultation for

the Bay Area. EPA is finalizing the

approval of these revisions into the

California SIP under provisions of the

CAA regarding EPA action on SIP

submittals.

DATES: This action is effective on

November 20, 1997.

ADDRESSES: Copies of the rule revisions

and EPA’s evaluation report for each

rule are available for public inspection

at EPA’s Region IX office during normal

business hours. Copies of the submitted

rule revisions are available for

inspection at the following locations:

Air Planning Office (AIR–2), Air

Division, U.S. Environmental

Protection Agency, Region IX, 75

Hawthorne Street, San Francisco, CA

94105; Ruth Verlar, 415–744–1208.

Environmental Protection Agency, Air

Docket (6102), 401 ‘‘M’’ Street, SW.,

Washington, DC 20460.

California Air Resources Board,

Transportation Strategies Group, 2020

‘‘L’’ Street, Sacramento, CA 92123–

1095; Eric Simon, 916–322–2700.

Bay Area Air Quality Management

District , 939 Ellis St., San Francisco,

CA 94109, David Marshall, 415–749–

4678.

FOR FURTHER INFORMATION CONTACT:

Mark Brucker, Air Planning Office, AIR–

2, Air Division, U.S. Environmental

Protection Agency, Region IX, 75

Hawthorne Street, San Francisco, CA

94105, Telephone: 415–744–1231,

brucker.mark@epamail.epa.gov.

SUPPLEMENTARY INFORMATION:

I. Applicability

The rules being approved into the

California SIP include: BAAQMD, ‘‘The

San Francisco Bay Area Transportation

Air Quality Conformity Procedures,’’

which include sections 93.100–93.104

and sections 93.106–93.136 and ‘‘The

San Francisco Bay Area Transportation

Air Quality Conformity Interagency

Consultation Procedures’’. These rules

were submitted by the California Air

Resources Board to EPA on December

16, 1996.

II. Background

On July 11, 1997 in 62 FR 37172, EPA

proposed to approve the following rules

into the California SIP: BAAQMD: ‘‘The

San Francisco Bay Area Transportation

Air Quality Conformity Procedures,’’

which includes sections 93.100–93.104

and sections 93.106–93.136 and ‘‘The

San Francisco Bay Area Transportation

Air Quality Conformity Interagency

Consultation Procedures’’. The rules

were adopted by BAAQMD on

November 6, 1996. The California Air

Resources Board (CARB) submitted

these revisions to EPA on December 16,

1996. These rules were adopted as part

of BAAQMD’s efforts to achieve the

National Ambient Air Quality Standards

(NAAQS) and in response to section

176(c) transportation conformity

requirements of the Clean Air Act

(CAA). A detailed discussion of the

background for each of the above rules

is provided in the proposed rule cited

above.

EPA has evaluated the above rule(s)

for consistency with the requirements of

the CAA and EPA regulations and EPA

interpretation of these requirements as

expressed in the various EPA policy

guidance documents referenced in the

proposed rule cited above. EPA has

found that the rules meet the applicable

EPA requirements. A detailed

discussion of the rule provisions and

evaluations has been provided in the

proposed rule and in the technical

support document (TSD), dated June,

1997, which is available at EPA’s Region

IX office.

III. Response to Public Comments

A 30-day public comment period was

provided in 62 FR 37172. No comments

were received, so no response has been

prepared.