Federal Register / Vol. 62, No. 228 / Wednesday, November 26, 1997 / Rules and Regulations 62949

responsibilities among the various

levels of government. Therefore, in

accordance with Executive Order 12612,

it is determined that this final rule does

not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

For the reasons discussed above, I

certify that this action (1) is not a

‘‘significant regulatory action’’ under

Executive Order 12866; (2) is not a

‘‘significant rule’’ under DOT

Regulatory Policies and Procedures (44

FR 11034, February 26, 1979); and (3)

will not have a significant economic

impact, positive or negative, on a

substantial number of small entities

under the criteria of the Regulatory

Flexibility Act. A copy of the final

evaluation prepared for this action is

contained in the Rules Docket. A copy

of it may be obtained by contacting the

Rules Docket at the location provided

under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation

safety, Incorporation by reference,

Safety.

Adoption of the Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration amends part 39 of the

Federal Aviation Regulations (14 CFR

part 39) as follows:

PART 39—AIRWORTHINESS

DIRECTIVES

1. The authority citation for part 39

continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding a new airworthiness directive

(AD) to read as follows:

AD 97–24–10 Burkhardt Grob Luft-und

Raumfahrt, GMBH: Amendment 39–

10217; Docket No. 95–CE–96–AD.

Applicability: Model G 103 Twin Astir

Sailplanes, (serial numbers 3000 through

3291, with or without the suffix ‘‘T’’),

certificated in any category.

Note 1: This AD applies to each sailplane

identified in the preceding applicability

provision, regardless of whether it has been

modified, altered, or repaired in the area

subject to the requirements of this AD. For

sailplanes that have been modified, altered,

or repaired so that the performance of the

requirements of this AD is affected, the

owner/operator must request approval for an

alternative method of compliance in

accordance with paragraph (d) of this AD.

The request should include an assessment of

the effect of the modification, alteration, or

repair on the unsafe condition addressed by

this AD; and, if the unsafe condition has not

been eliminated, the request should include

specific proposed actions to address it.

Compliance: Required within the next 50

hours time-in-service (TIS) after the effective

date of this AD, unless already accomplished.

To prevent an asymmetrical airbrake

deployment, which could result in an

uncontrollable roll and possible loss of

control of the sailplane, accomplish the

following:

(a) Replace the airbrake over-center lever

(Grob part number (P/N) 103–4123 (left) and

103–4124 (right), or FAA-approved

equivalent part numbers) with a new part of

improved design (Grob P/N 103B–4123 (left),

and 103B–4124 (right), or FAA-approved

equivalent part numbers) in accordance with

the Procedures section of Grob Service

Bulletin (SB) TM 315-47/2, dated January 20,

1993, and Grob Repair Instructions No. 315–

45/2, dated October 11, 1991. Use the

dimension called out in the materials list on

page one of the Repair Instructions for the

correct dimension of the composite sheet.

(b) Install inspection holes in accordance

with the Procedure section of Grob Repair

Instructions No. 315–45/2, dated October 11,

1991.

(c) Special flight permits may be issued in

accordance with sections 21.197 and 21.199

of the Federal Aviation Regulations (14 CFR

21.197 and 21.199) to operate the sailplane

to a location where the requirements of this

AD can be accomplished.

(d) An alternative method of compliance or

adjustment of the compliance time that

provides an equivalent level of safety may be

approved by the Manager, Small Airplane

Directorate, 1201 Walnut, suite 900, Kansas

City, Missouri 64106. The request shall be

forwarded through an appropriate FAA

Maintenance Inspector, who may add

comments and then send it to the Manager,

Small Airplane Directorate.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Small Airplane

Directorate.

(e) The modification and replacement

required by this AD shall be done in

accordance with Burkhardt Grob Luft-und

Raumfahrt, GmbH G 103 Service Bulletin TM

315–47/2, dated January 20, 1993, and

Burkhardt Grob Luft-und Raumfahrt, GmbH

Repair Instructions No. 315–45/2, dated

October 11, 1991. 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 also

be obtained from Grob Luft-und Raumfahrt,

GmbH., D–8939, Mattsies-am Flugplatz,

Germany. 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 addresses

German AD 92–309/2 Grob, dated February

26, 1993.

(f) This amendment (39–10217) becomes

effective on December 29, 1997.

Issued in Kansas City, Missouri, on

November 18, 1997.

Larry E. Werth,

Acting Manager, Small Airplane Directorate,

Aircraft Certification Service.

[FR Doc. 97–30870 Filed 11–25–97; 8:45 am]

BILLING CODE 4910–13–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 52 and 70

[CA–002–PP; FRL–5926–2]

Clean Air Act Approval and

Promulgation of Title V Operating

Permits Program Revisions; State

Implementation Plan Revision, Santa

Barbara County Air Pollution Control

District, California

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is finalizing the approval

of a revision to Rule 1301 of Regulation

XIII proposed in the Federal Register on

September 3, 1997, both as a revision to

the federally-approved State

Implementation Plan (SIP) and as a

revision to the title V operating permit

program adopted by the Santa Barbara

County Air Pollution Control District

(Santa Barbara, SBCAPCD, or District)

on September 18, 1997. This approval

action will incorporate this rule into the

federally approved SIP. The intended

effect of approving this revision is to

allow Department of Defense (DoD)

facilities to become exempt from title V

of the Clean Air Act permit

requirements, if the source implements

an emission reduction plan that

achieves a minimum reduction of 10

tons per year of ozone precursors.

Thus, EPA is finalizing the approval

of this rule as a revision to the title V

operating permit program, and as a

revision into the California SIP under

provisions of the CAA regarding EPA

action on SIP submittals, SIPs for

national primary and secondary ambient

air quality standards and plan

requirements for nonattainment areas.

EFFECTIVE DATE: This action is effective

on December 26, 1997.

ADDRESSES: Copies of the rule revision

and EPA’s evaluation report is available

for public inspection at EPA’s Region IX

office during normal business hours.

Copies of the submitted rule revision is

available for inspection during normal

business hours at the following

locations:

Permits Office (AIR–3), Air Division,

U.S. Environmental Protection
62950 Federal Register / Vol. 62, No. 228 / Wednesday, November 26, 1997 / Rules and Regulations

Agency, Region IX, 75 Hawthorne

Street, 17th Floor, San Francisco, CA

94105

Santa Barbara County Air Pollution

Control District, 26 Castilian Drive

B–23, Goleta, CA 93117

California Air Resources Board,

2020 L Street, Sacramento, CA 95814

U.S. Environmental Protection Agency,

Air Docket (6102), 401 ‘‘M’’ Street,

S.W., Washington, D.C. 20460

FOR FURTHER INFORMATION CONTACT: John

Walser (telephone 415/744–1257),

Permits Office (AIR–3), Air Division,

U.S. Environmental Protection Agency,

Region IX, 75 Hawthorne Street, San

Francisco, CA 94105.

SUPPLEMENTARY INFORMATION:

I. Applicability

The following rule is being approved

into the California SIP: SBCAPCD Rule

1301—Part 70 Operating Permit

Program—General Information.

II. Background

On September 3, 1997, in 62 FR

46451, EPA proposed to approve the

following rule in the California SIP and

as a revision to the title V program:

SBCAPCD Rule 1301—Part 70 Operating

Permit Program—General Information.

On behalf of the District, Rule 1301 was

submitted by the California Air

Resources Board to EPA on October 10,

1997 as a revision to the title V program,

and on October 31, 1997 as a SIPsubmittal. A detailed discussion of the

background for the above rule is

provided in the Proposed Rulemaking

(NPRM) cited above.

EPA has evaluated the above rule 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

NPRM cited above. EPA has found that

the rule meets the applicable EPA

requirements. On October 31, 1997, EPA

reviewed this rule for completeness and

found that the rule conformed to the

completeness criteria in 40 CFR part 51,

Appendix V.

III. Response to Comments

A 30 day public comment period was

provided in 62 FR 46451. EPA received

no comments.

IV. EPA Action

EPA is finalizing action to approve

the above rule as a revision to the title

V Operating Permit Program and for

inclusion into the California SIP. EPA is

approving the submittal under section

110(k)(3) as meeting requirements of

section 110(a) and part D of the CAA.

This approval action will incorporate

this rule into the federally approved SIP

and revise the title V program. These

revisions apply to any source under

jurisdiction of the SBCAPCD that

qualifies as a Part 70 source and meets

the requirements for exclusion of

military tactical support and/or

infrastructure building maintenance

equipment at a Department of Defense

facility. In Santa Barbara County, only

Vandenberg Air Force Base (VAFB)

meets these requirements.

The revision enables VAFB to comply

with Rule 370, the District’s prohibitory

rule, which limits the Base’s potential to

emit to below the title V applicability

thresholds and requires VAFB to reduce

its annual emissions rate of ozone

precursors by at least 10 tons through

the ENVVEST initiative. The rule

revision also includes emission

reduction plan requirements and

milestones to be approved by the

District and made federally-enforceable

by the EPA by incorporating the rule

revisions into the SIP for California, if

EPA finds that the planned emission

reductions are real, quantifiable,

surplus, and enforceable.

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.

V. Administrative Requirements

A. Docket

Copies of Santa Barbara’s submittal

and other information relied upon for

final actions are contained in docket

number CA–002-PP maintained at the

EPA Regional Office. The docket is an

organized and complete file of all the

information submitted to, or otherwise

considered by, EPA in the development

of this final rulemaking. The docket is

available for public inspection at the

location listed under the ADDRESSES

section of this document.

B. Regulatory Flexibility Act

The EPA’s actions under section 502

of the Act do not create any new

requirements, but simply address

revisions to Santa Barbara’s existing

operating permits program that was

submitted to satisfy the requirements of

40 CFR part 70. Because this action does

not impose any new requirements, it

does not have a significant impact on a

substantial number of small entities.

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 today 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. Executive Order 12866

The Office of Management and Budget

has exempted this action from review

under Executive Order 12866.

E. 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’’ as defined by 5 U.S.C.

804(2).

F. 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 January 26, 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
Federal Register / Vol. 62, No. 228 / Wednesday, November 26, 1997 / Rules and Regulations 62951

be challenged later in proceedings to

enforce its requirements. (See section

307(b)(2).)

List of Subjects

40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide,

Hydrocarbons, Incorporation by

reference, Intergovernmental relations,

Lead, Nitrogen dioxide, Ozone,

Particulate matter, Sulfur oxides,

Volatile organic compounds.

40 CFR Part 70

Environmental protection,

Administrative practice and procedure,

Air pollution control, Hazardous

substances, Intergovernmental relations,

Operating permits, Reporting and

recordkeeping requirements.

Note: Incorporation by reference of the

State Implementation Plan for the State of

California was approved by the Director of

the Federal Register on July 1, 1982.

Date Signed: November 14, 1997.

Felicia Marcus,

Regional Administrator.

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 and reserving paragraphs

(c)(247) through (c)(249) and by adding

paragraph (c)(250) to read as follows:

§ 52.220 Identification of plan.

* * * * *

(c) * * *

(247) [Reserved]

(248) [Reserved]

(249) [Reserved]

(250) New regulations for the

following APCD were submitted on

October 31, 1997, by the Governor’s

designee.

(i) Incorporation by reference.

(A) Santa Barbara County Air

Pollution Control District.

(1) Rule 1301 adopted on September

18, 1997.

PART 70—[AMENDED]

1. The authority citation for part 70

continues to read as follows:

Authority: 42 U.S.C. 7401, et seq.

2. Appendix A to part 70 is amended

by revising paragraph (aa) to the entry

for California to read as follows:

Appendix A to Part 70—Approval

Status of State and Local Operating

Permits Programs

* * * * *

California

* * * * *

(aa) Santa Barbara County Air Pollution

Control District (APCD) submitted on

November 15, 1993, as amended March 2,

1994, August 8, 1994, December 8, 1994, June

15, 1995, and September 18, 1997; interim

approval effective on December 1, 1995;

interim approval expires on October 1, 1998.

* * * * *

[FR Doc. 97–30951 Filed 11–25–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[IL162–1a; FRL–5926–6]

Approval and Promulgation of

Implementation Plans; Illinois

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: On September 8, 1997, the

State of Illinois submitted a State

Implementation Plan (SIP) revision

request to the Environmental Protection

Agency (EPA) which tightens Volatile

Organic Material (VOM) regulations for

cold cleaning degreasing operations in

the Chicago and Metro-East ozone

nonattainment areas. VOM, as defined

by the State of Illinois, is identical to

‘‘Volatile Organic Compounds’’ (VOC),

as defined by EPA. VOM combines with

oxides of nitrogen in the atmosphere to

form ground-level ozone, commonly

known as smog. Exposure to ozone is

associated with a wide variety of human

health effects, agricultural crop loss, and

damage to forests and ecosystems. The

State intends to include the tightened

cold cleaning degreasing regulations as

part of its 1999 and 2002 Rate-OfProgress (ROP) Plans. Illinois expects

that the control measures specified in

this SIP revision will reduce VOM

emissions by 11.35 tons per day (TPD)

by 1999 in the Chicago area and 0.79

TPD by 1999 in the Metro-East area.

This rulemaking action approves,

through direct final, the Illinois SIP

revision request.

DATES: The ‘‘direct final’’ is effective on

January 26, 1998, unless EPA receives

written adverse or critical comments by

December 26, 1997. If the effective date

is delayed, timely notice will be

published in the Federal Register.

ADDRESSES: Copies of this SIP revision

request is available for inspection at the

following address:

U.S. Environmental Protection

Agency, Region 5, Air and Radiation

Division, 77 West Jackson Boulevard,

Chicago, Illinois 60604. (It is

recommended that you telephone Mark

J. Palermo, Environmental Protection

Specialist at (312) 886–6082 before

visiting the Region 5 Office.)

Written comments should be sent to:

J. Elmer Bortzer, Chief, Regulation

Development Section, Air Programs

Branch (AR–18J), U.S. Environmental

Protection Agency, 77 West Jackson

Boulevard, Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT:

Mark J. Palermo, Environmental

Protection Specialist, at (312) 886–6082.

SUPPLEMENTARY INFORMATION:

I. Background

Section 182(c)(2)(B) of the Clean Air

Act (Act) requires any serious and above

ozone nonattainment area to achieve

post–1996 ROP reductions of 3 percent

of VOC 1990 baseline emissions per

year, averaged over each consecutive 3

year period, until the area has achieved

attainment of the 1-hour ozone National

Ambient Air Quality Standard. In

Illinois, the Chicago area (Cook, DuPage,

Kane, Lake, McHenry, Will Counties

and Aux Sable and Goose Lake

Townships in Grundy County and

Oswego Township in Kendall County) is

classified as ‘‘severe’’ nonattainment for

the 1-hour ozone standard. As such, the

Chicago nonattainment area is subject to

the post–1996 ROP requirement.

The Act specifies under section

182(b)(1)(C) that emission reductions

claimed under ROP plans must be

achieved through the implementation of

control measures through revisions to

the SIP, the promulgation of Federal

rules, or through permits under Title V

of the Act. Control measures

implemented before November 15, 1990,

are precluded from counting toward

ROP reduction.

Illinois has submitted tightened cold

cleaning degreasing rules for the control

of VOC as a revision to the SIP for the

purpose of meeting post–1996 ROP

requirements for the Chicago ozone

nonattainment area. These tightened

rules also apply to the Metro-East

moderate ozone nonattainment area

(Madison, Monroe, and St. Clair

Counties), to help the area reach

attainment.

A public hearing on the tightened

rules was held on March 4, 1997, in

Chicago, Illinois. The rules were

adopted by the Illinois Pollution Control

Board on June 5, 1997. The rules