Federal Register / Vol. 62, No. 215 / Thursday, November 6, 1997 / Rules and Regulations 59995

compliance with this AD, if any, may be

obtained from the Small Airplane

Directorate.

(d) The replacement required by this AD

shall be done in accordance with Pilatus

Service Bulletin No. 28–003, Revision 1,

dated September 30, 1997. 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. Copies may be obtained from Pilatus

Aircraft Ltd., CH–6370 Stans, Switzerland.

Copies may be inspected at the FAA, Central

Region, Office of the Regional Counsel, Room

1558, 601 E. 12th Street, Kansas City,

Missouri, or at the Office of the Federal

Register, 800 North Capitol Street, NW., suite

700, Washington, DC.

Note 3: The subject of this AD is addressed

in Swiss AD HB 97–432A, dated October 3,

1997.

(e) This amendment (39–10192) becomes

effective on December 1, 1997. Issued in

Kansas City, Missouri, on October 29, 1997.

Mary Ellen A. Schutt,

Acting Manager, Small Airplane Directorate,

Aircraft Certification Service.

[FR Doc. 97–29236 Filed 11–5–97; 8:45 am]

BILLING CODE 4910–13–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[MI38–01–6734; FRL–5884–1]

Approval and Promulgation of

Implementation Plans; Michigan

AGENCY: Environmental Protection

Agency.

ACTION: Final rule.

SUMMARY: The Environmental Protection

Agency (EPA) is approving requested

State Implementation Plan (SIP)

revisions submitted by the State of

Michigan for the purpose of transferring

the authority of the Michigan Air

Pollution Control Commission

(Commission) to the Director of the

Michigan Department of Natural

Resources (MDNR) and subsequently

transferring the authority of the Director

of MDNR to the Director of the Michigan

Department of Environmental Quality

(MDEQ). Nothing in this action should

be construed as permitting, allowing, or

establishing a precedent for any future

request for revision to any SIP. The EPA

shall consider each request for revision

to the SIP in light of specific technical,

economic, and environmental factors

and in relation to relevant statutory and

regulatory requirements.

DATES: This rule is effective: December

8, 1997.

ADDRESSES: Copies of the Michigan SIP

revision request and EPA’s analysis are

available for inspection during normal

business hours at the following location:

EPA Region 5, Air and Radiation

Division (AR–18J), 77 West Jackson

Boulevard, Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT:

Laura Gerleman, Air Programs Branch,

Permits and Grants Section (AR–18J),

U.S. Environmental Protection Agency,

Region 5, 77 West Jackson Boulevard,

Chicago, Illinois 60604, (312) 353–5703.

Copies of the State of Michigan’s final

authorization revision application are

available during normal business hours

at the following addresses for inspection

and copying: Library of Michigan,

Government Documents Section, 717

West Allegan, Lansing, Michigan; Olson

Library, Northern Michigan University,

Harden Circle Drive, Marquette,

Michigan; Detroit Public Library Main

Branch, Sociology and Economics

Department, 5201 Woodward Avenue,

Detroit, Michigan. To arrange for access

to the materials in Lansing, call (517)

373–9489 between 9 a.m. and 6 p.m. on

Mondays through Saturdays and

between 12 p.m. and 4 p.m. on Sundays

(Eastern time); in Marquette, call (906)

227–2260 between 8 a.m. and 12 a.m. on

Mondays through Thursdays, between 8

a.m. and 9 p.m. on Fridays, and between

10 a.m. and 6 p.m. on Sundays (Eastern

time); in Detroit, call (313) 833–1440

between 9:30 a.m. and 5:30 p.m. on

Tuesdays and Thursdays through

Saturdays, and between 1 p.m. and 9

p.m. on Wednesdays (Eastern time).

SUPPLEMENTARY INFORMATION:

A. Executive Order 1991–31

On November 8, 1991, Governor John

Engler of Michigan signed Executive

Order 1991–31 which, inter alia,

abolished the Commission and

transferred the authority of the

Commission to the Director of MDNR.

The State of Michigan submitted to EPA

under a December 13, 1994 cover letter,

a SIP revision request containing the

transfer of authority of the Commission

to the Director of MDNR. The EPA

deemed the submittal complete in a

February 16, 1995 letter to Roland

Harmes, Director, MDNR.

B. Executive Order 1995–18

On July 31, 1995, Governor Engler

signed Executive Order 1995–18 which,

inter alia, elevated eight program

divisions and two program offices from

within MDNR to the MDEQ, effective

October 1, 1995. The authority given to

the Director of MDNR in Executive

Order 1991–31 was conferred upon the

Director of MDEQ in Executive Order

1995–18, with the exception of

administrative appeals decisions.

The State of Michigan submitted

Executive Order 1995–18 to EPA under

a January 19, 1996 cover letter as a

supplement to the December 13, 1994

SIP revision.

C. Authority

On March 28, 1997, EPA proposed to

approve Michigan’s requested SIP

revisions as reorganizations of

Michigan’s environmental agencies

wherein the authorities of the Director

of the Commission under the SIP have

been conferred upon the Director of

MDEQ by Executive Order. See 62 FR

14843. The EPA did not receive any

public comment on the proposal. In this

notice, EPA is taking final action to

approve these transfers of authority for

the State of Michigan.

The EPA notes that it is currently

reviewing the Michigan Environmental

Audit Privilege and Immunity Law,

Public Act 132 of 1996, and its potential

impact on Michigan’s federally

delegated and authorized programs,

including programs under the Federal

Clean Air Act (CAA). The EPA’s

approval only addresses the requested

SIP revisions submitted by Michigan

that result from Executive Order 1991–

31 and Executive Order 1995–18. The

EPA’s approval of requested revisions to

Michigan’s SIP arising out of these two

Executive Orders does not express any

viewpoint on the question of whether

there are legal deficiencies in

Michigan’s SIP resulting from Public

Act 132 of 1996.

Administrative Requirements

A. Executive Order (E.O.) 12866

The Office of Management and Budget

has exempted this regulatory action

from E.O. 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. 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.

Delegation of the Governor’s authority

under the CAA does not impose any

new requirements on small entities.

EPA certifies that this delegation will

not affect a substantial number of small

entities.
59996 Federal Register / Vol. 62, No. 215 / Thursday, November 6, 1997 / Rules and Regulations

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 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

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

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 section 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

this Federal Register. This rule is not a

‘‘major rule’’ as defined by section

804(2).

E. Petitions for Judicial Review

Under section 307(b)(1) of the CAA,

petitions for judicial review of this

action must be filed in the United States

Court of Appeals for the appropriate

circuit by January 5, 1998. 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, Incorporation by

reference, Intergovernmental relations.

Dated: August 13, 1997.

Michelle D. Jordan,

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. 7401–7642(q).

Subpart X—Michigan

2. Section 52.1170 is amended by

adding paragraph (c)109 to read as

follows:

§ 52.1170 Identification of plan.

* * * * *

(c) * * *

(109) On December 13, 1994 and

January 19, 1996, Michigan submitted

correspondence and Executive Orders

1991–31 and 1995–18 which indicated

that the executive branch of government

had been reorganized. As a result of the

reorganization, delegation of the

Governor’s authority under the Clean

Air Act was revised. The Environmental

Protection Agency’s approval of these

Executive Orders is limited to those

provisions affecting air pollution

control. The Air Pollution Control

Commission was abolished and its

authority was initially transferred to the

Director of the Michigan Department of

Natural Resources (DNR). Subsequently,

the Michigan Department of Natural

Resources of Environmental Quality

(DEQ) was created by elevating eight

program divisions and two program

offices previously located within the

DNR. The authority then earlier vested

to the Director of the Michigan DNR was

then transferred to the Director of the

Michigan DEQ with the exception of

some administrative appeals decisions.

(i) Incorporation by reference.

(A) State of Michigan Executive Order

1991–31 Commission of Natural

Resources, Department of Natural

Resources, Michigan Department of

Natural Resources Executive

Reorganization. Introductory and

concluding words of issuance and Title

I: General; Part A: Sections 1, 2, 4 and

5, Part B. Title III: Environmental

Protection; Part A: Sections 1 and 2, Part

B. Title IV: Miscellaneous; Parts A and

B, Part C: Sections 1, 2, 4, Part D. Signed

by John Engler, Governor, November 8,

1991. Filed with the Secretary of State

November 8, 1991. Effective January 7,

1992.

(B) State of Michigan Executive Order

No. 1995–18 Michigan Department of

Environmental Quality, Michigan

Department of Natural Resources

Executive Reorganization. Introductory

and concluding words of issuance.

Paragraphs 1, 2, 3(a) and (g), 4, 7, 8, 9,

10, 11, 12, 13, 15, 16, 17, 18. Signed by

John Engler, Governor, July 31, 1995.

Filed with the Secretary of State on

August 1, 1995. Effective September 30,

1995.

[FR Doc. 97–29395 Filed 11–5–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[PA 091–4050a; FRL–5918–2]

Approval and Promulgation of Air

Quality Implementation Plans;

Pennsylvania; Enhanced Motor Vehicle

Inspection and Maintenance Program

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule; correcting

amendment.

SUMMARY: This action corrects an

interim final rule, which was published

on January 28, 1997, regarding EPA

conditional approval of Pennsylvania’s

enhanced inspection and maintenance

(I/M) program. This action pertains to

the consequences in the event that the

Pennsylvania enhanced I/M program

failed to commence per the deadlines

set forth in EPA’s interim final rule.

EPA is taking this action for the

purposes of consistency with

rulemaking actions EPA has since taken

on other states’ inspection and

maintenance programs. EPA is

correcting its January 28 final rule

through a direct final rule, without prior

proposal, because the Agency views this

as a noncontroversial SIP revision and

anticipates no adverse comment from

the public. A detailed description of the

correction is set forth in the

SUPPLEMENTARY INFORMATION section,

below. If EPA receives adverse

comments, the direct final rule will be

withdrawn and all public comments

received will be addressed in a

subsequent final rule based on a parallel

proposed rule, published elsewhere in

this Federal Register. 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.