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Federal Register/Vol. 73, No. 60/Thursday, March 27, 2008/Rules and Regulations

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 United

States prior to publication of the rule in

the Federal Register. A major rule

cannot take effect until 60 days after it

is published in the Federal Register.

This action is not a "major rule" as

defined by 5 U.S.C. 804(2).

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 May 27, 2008.

Interested parties should comment in

response to the proposed rule rather

than petition for judicial review, unless

the objection arises after the comment

period allowed for in the proposal.

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 procebdings to

enforce its requirements. (See section

307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, .Carbon monoxide,

Incorporation by reference,

Intergovernmental relations, Nitrogen

dioxide , Ozone, Particulate matter,

Reporting and recordkeeping

requirements, Sulfur oxides.

Dated: March 14, 2008.

Robert W. Varney,

Regional Administrator, EPA New England.

m Part 52 of chapter I, title 40 of the

Code of Federal Regulations is amended

as follows:

PART 52--[AMENDED]

m 1. The authority citation for part 52.

continues to read as follows:

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

Subpart OO-Rhode Island

a 2. In § 52.2070 (c), the table entitled

"EPA Approved Rhode Island

Regulations," is amended by adding a

new entry, "Air Pollution Control

Regulation Number 45" in numerical

order to read as follows:

§ 52.2070 -Identification of plan.

(c) EPA approved regulations.

EPA APPROVED RHODE ISLAND REGULATIONS

State citation Title/subject State effective EPA approval date Explanations date

Air Pollution Control Regula- Rhode Island Diesel Engine July 19, 2007 .... March 27, 2008; [Insert Fed- Limits idling for diesel ontion Number 45. Anti-Idling Program. eral Register page num- highway and non-road enber where the document gines.

begins].

[FR Doc. E8-6183 Filed 3-26-08; 8:45 am]

BILUNG CODE 6560-50-P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR PART 52

[EPA-H0-OAR-2007-1173, FRL-8545-6]

RIN 2060-APO3

Completeness Findings for Section

110(a) State Implementation Plans for

the 8-hour Ozone NAAQS

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: The EPA is making , finding

concerning whether or not each State

has submitted a complete State

Implementation Plan (SIP) that provides

the basic program elements specified in

Clean Air Act (Act or CAA) section

,110(a)(2) necessary to implement the

1997 8-hour ozone National Ambient

Air Quality Standards (NAAQS). By this

action, EPA is identifying those States

that: Have failed to make a complete

submission for all requirements; have

failed to make a complete submission

for specific requirements; or have made

a complete submission. The findings of

failure to submit for all or a portion of

a State's SIP establish a 24-month

deadline for EPA to promulgate Federal

.Implementation Plans (FIPs) to address

the outstanding SIP elements unless,

prior to that time, the affected States

submit, and EPA approves, the required

SIPs. The findings that all, or portions

of a State's SIP submission, are

complete establish a 12-month deadline

for EPA to take action: upon the

complete SIP elements in accordance

with section 110(k),

DATES" The effective date of this rule is

April 28, 2008.

FOR FURTHER INFORMATION CONTACT:

General questions concerning this

notice should be addressed to Mr. Larry

D. Wallace, PhD, Office of Air Quality

Planning and Standards, Air. Quality

Policy Division, Mail Code C504-2, 109

TW Alexander Drive, Research Triangle

Park, NC 27709; telephone (919) 541-

0906.

SUPPLEMENTARY INFORMATION: Section

553 of the Administrative Procedures

Act, 5 U.S.C. 553(b)(B), provides that,

when an agency for good cause finds

that notice and public procedure are

impracticable, unnecessary or contrary

to the public interest, the agency may

issue a rule without providing notice

and an opportunity for public comment.

EPA has determined that there is good

cause for making this rule final without

prior proposal and opportunity for

comment because no significant EPA

judgment is involved in making a

finding of failure to submit SIPs, or

elements of SIPs, required by the CAA,

where states have made no submissions,

or incomplete submissions, to meet the

requirement by the statutory date. Thus,

notice and public procedure are

unnecessary. EPA finds that this

constitutes good cause under 5 U.S.C.

553(b)(B).

For questions related to a specific

State please contact the appropriate

regional office:

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Regional offices

Dave Conroy, Acting Branch Chief, Air Programs Branch, EPA New

England, 1 Congress Street, Suite 1100, Boston, MA 02203-2211.

Raymond Werner, Chief, Air Programs Branch, EPA Region II, 290

Broadway, 21st Floor, New York, NY 10007-1866.

Christina Fernandez, Acting Branch Chief, Air Quality Planning Branch,

EPA Region III, 1650 Arch Street, Philadelphia, PA 19103-2187.

Dick A. Schutt, Chief, Regulatory Development Section, EPA Region

IV, Sam Nunn, Atlanta Federil Center, 61 Forsyth Street, SW., 12th

Floor, Atlanta, GA 30303.

Jay Bortzer, Chief, Air Programs Branch, EPA Region V, 77 West

Jackson Street, Chicago, IL 60604.

Tom Diggs, Acting Associate Director Air Programs, EPA Region VI,

1445 Ross Avenue, Dallas, TX 75202-2733.

Joshua A. Tapp, Chief, Air Programs Branch, EPA Region VII, 901

North 5th Street, Kansas City, Kansas 66101-2907.

Cynthia Cody, Unit Leader, Air Quality Planning Unit, EPA Region VIII

Air Program, 1595 Wynkoop St. (8P-AR), Denver, CO 80202-1129.

Lisa Hanf, Air Planning Office, EPA Region IX, 75 Hawthorne Street,

San Francisco, CA 94105.

Mahbubul Islam, Manager, State and Tribal Air Programs, EPA Region

X, Office of Air, Waste, and Toxics, Mail Code OAQ-107, 1200 Sixth

Avenue, Seattle, WA 98101.

States

Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island,

and Vermont.

New Jersey, New York, Puerto Rico, and the Virgin Islands.

Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, and

West Virginia.

Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina,

South Carolina, and Tennessee.

Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin.

Arkansas, Louisiana, New Mexico, Oklahoma, and Texas.

Iowa, Kansas, Missouri; and Nebraska.

Colorado, Montana, North Dakota, South Dakota, Utah, and Wyoming.

Arizona, CaliforNia, Guam, Hawaii, and Nevada.

Alaska, Idaho, Oregon, and Washington.

Table of Contents

I. Background

II. This Action

A. Finding of Failure To Submit for States

that Failed To Make a Submittal

B. Finding of Failure To Submit Specific

Elements of Section 110(a)(2)

C. List of States That Submitted Complete

Submissions To Satisfy the Section

110(a)(2) Requirements

III. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory

Planning and Review

B. Paperwork Reduction Act

C. Regulatory Flexibility Act (RFA)

D. Unfunded Mandates Reform Act of 1995

(UMRA)

E. Executive Order 13132: Federalism

F. Executive Order 13175: Consultation

and Coordination With Indian Tribal

Governments

G. Executive Order 13045: Protection of

Children From Environmental Health

and Safety Risks

H. Executive Order 13211: Actions That

Significantly Affect Energy Supply,

Distribution, or Use

I. National Technology Transfer

Advancement Act

J. Executive Order 12898: Federal Actions

To Address Environmental Justice in

Minority and Low Income Populations

K. Congressional Review Act

L. Judicial Review

I. Background

On July 18, 1997, EPA promulgated

new NAAQS for ozone based on 8-hour

average concentrations. The 8-hour

averaging period replaced the previous

1-hour averaging period, and the level of

the NAAQS was changed from 0.12 ppm

to 0.08 ppm (62 FR 38,856).

The CAA section 110(a) requires

States to submit SIPs that provide for

the implementation, maintenance, and

enforcement of a new or revised

NAAQS within 3 years following the

promulgation of such NAAQS, or within

such shorter period as EPA may

prescribe. Section 110(a) imposes the

obligation upon States to make a SIP

submission to EPA for a new or revised

NAAQS, but the contents of that

submission may vary depending upon

the facts and circumstances. In

particular, the data and analytical tools

available at the time the State develops

and submits the SIP for a new or revised'

NAAQS necessarily affects the content

of the submission. The contents of such

SIP submissions may also vary

depending upon what provisions the

State's existing SIP already contains. -In

the case of the 1997 8-hour ozone

NAAQS, States typically have met the

basic program elements required in

section 110(a)(2) through earlier SIP

submissions in connection with

previous ozone standards.

Section 110(a)(2) lists specific

elements that States must meet in these

SIP submissions. The requirements

include SIP infrastructure elements

such as requirements for modeling,

monitoring, and emissions inventories

that are designed to assure attainment

and maintenance of the NAAQS. The

requirements that are the subject of this

action are listed in EPA's October 2,

2007 memorandum entitled "Guidance

on SIP Elements Required Under

Section 110(a)(1) and (2) for the 1997 8-

hour Ozone and.PM-2.5 National

Ambient Air Quality Standards."

Two elements identified in section

110(a)(2) are not governed by the 3 year

submission deadline of section 110(a)(1)

because SIPs incorporating necessary

local nonattaiment area controls are

not due within 3 years after

promulgation of a new or revised

NAAQS, but rather are dud at the time

the nonattainment area plan

requirements are due pursuant to

section 172. These requirements are: (i)

Submissions required by section

110(a)(2)(C) to the extent that subsection

refers to a permit program as required in

part D Title I of the CAA, and (ii)

submissions required by section

110(a)(2)(I) which pertain to the

nonattainment planning requirements of

part D, Title I of the CAA. Therefore,

this action does not cover these specific

SIP elements. This action also does not

pertain to section 110(a)(2)(D), because

EPA has previously addressed that

requirement. I

As of 2004, States had not submitted

complete SIPs to satisfy all of the

section 110(a)(2) requirements for the

1997 8-hour ozone NAAQS revision. On

March 4, 2004, Earth Justice submitted

a notice of intent to sue related to EPA's

failure to issue findings of failure to

submit related to these requirements.

Subsequently, EPA entered into a

Consent Decree with Earth Justice

which required EPA, among other

thingsrto complete a Federal Register

notice announcing EPA's

determinations pursuant to section

110(k)(1)(B) as to whether each State has

made complete submissions to meet the

requirements of section 110(a)(2) for the

1997 8-hour ozone NAAQS by

December 15, 2007. Subsequently, EPA

received an extension of the date to

complete this Federal Register notice

until March 17, 2008, based upon an

IEPA published a finding that all States had

failed to submit SIPs addressing interstate transport

for the 8-hour ozone and PM2 .

5 NAAQS, as required

by section 110(al(2)(D)(i). See 70 FR 21,147 (April

25, 2005).

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agreement to make the findings with

respect to submissions made by January

7, 2608. In accordance with the Consent

Decree, EPA is making completeness

findings for each State based upon what

the Agency received from each State as

of January 7, 2008. This notice reflects

EPA's determinations with respect to

the section 110(a)(2)xequirements,

based upon the submissions made by

the States, either certifying that they

have already met the requirements,

making a submission to meet any

outstanding requirements, or both.

For those States that have not yet

made a submittal, or that made a

submittal that was not complete with

respect to each element of section

110(a)(2), EPA is making a finding of

failure to submit. For those States that

did not make any submittal by January

7, 2008, EPA is making a finding with

respect to all of the section 110(a)(2) SIP

elements. For those States that did not

make a submittal that addressed all of

the section 110(a)(2) elements, EPA is

making these findings only with respect

to those specific section 110(a)(2) SIP

elements which a State has not certified

that it has met, or not made a SIP

submission to meet, as of January 7,.

2008. These findings establish a 24

month deadline for the promulgation by

EPA of a FIP, in accordance with section

110(c)(1). These findings of failure to

submit do not impose sanctions, or set

deadlines for imposing sanctions as

described in section 179 of the CAA,

because these finding do not pertain to

the elements of a Title I part D plan for

nonattainment areas as required under

section 110(a)(2)(I), and because this

action is not a SIP call pursuant to

section 110(k)(5).

With respect to the remaining section

110(a)(2) SIP elements in those States in

which EPA has identified specific

findings of failure to submit, EPA is by

this action making a finding that the

remainder of such SIPs are complete.

Likewise, with respect to those States

for which EPA has not made any finding

of failure to submit concerning the

section 110(a)(2) SIP elements, EPA is

by this action making a finding that

such SIPs are complete for all such

elements. These full and partial

completeness findings establish a 12-

month deadline for EPA to take action

upon such -SIPs in accordance with

section 110(k).

II. This Action

The EPA is making a finding

concerning whether each State has

submitted or failed to submit a complete

SIP that provides the basic program

elements of section 110(a)(2) necessary

to implement the 1997 8-hour ozone

NAAQS. For those States that have not

yet made a complete submission, or that -

have not made a submission that is

complete for each element of section

110(a)(2), these findings establish a 24-

month deadline for the promulgation by

EPA of a FIP addressing these specific

SIP elements, in accordance with

section 110(c)(1). For those States that

have submitted a complete SIP, and for

those elements of SIPs in States for

which EPA has identified only partial

incompleteness, these findings establish

a 12-month deadline for action upon the

SIP, in accordance with section 110(k).

This action will be effective on April 28,

2008.

A. Finding of Failure To Submit for

States That Failed to Make a Submittal

The following States failed to make a

complete submittal to satisfy the

requirements of section 110(a)(2) by

January 7, 2008. EPA is by this action

starting a 24-month deadline by which

time EPA must promulgate a FIP for the

affected States to address section

110(a)(2) requirements, if the affected

States fail to submit, and obtain EPA

approval of, the SIP revisions necessary

to address these requirements. The

States and territories that are affected by

this finding of failure to submit are the

following:

Region I: Vermont

Region VI: Texas

Region VIII: North Dakota

Region IX: Arizona, Hawaii, Nevada,2

Guam, American Samoa,

Commonwealth of the Northern

Mariana Islands.

Region X: Alaska, Idaho, Oregon,

Washington.

B. Finding of Failure To Submit Specific

Elements of Section 110(a)(2)

The following States made

submissions that address some, but not

all of the section 110(a)(2) requirements,

by January 7, 2008. EPA is by this action

identifying the specific elements for

which States have. not made a complete

submission:

Region I:

Massachusetts: The State of

Massachusetts has failed to submit a SIP

addressing section 110(a)(2)(C) (the Part

C PSD permit program). However, this

requirement has already been addressed

by a FIP that remains in place, and

2 It should be noted that, while the State of

Nevada did not make the submittal addressing the

requirements of section 110(a)(2) by the January 7,

2008 timeframe specified in the amended Consent

Decree with Earth Justice, the State has

subsequently made a submittal to address these

requirements on February 1, 2008 and EPA is

currently reviewing the submittal for completeness

and approvability.

therefore t is-action will not trigger any

additionalFTP obligation.

R6gion H:

New York: The State of New York has

failed to submit a SIP addressing section

110(a)(2)(C) (the Part C PSD permit

program). However, this requirement

has already been addressed by a FIP that

remains in pldce, and therefore this

action will not trigger any additional

FTP obligation.

New Jersey: The State of New Jersey

has failed to submit a SIP addressing

section 110(a)(2)(C) (the Part C PSD

permit program). However, this

requirement has already been addressed

by a FTP that remains in place, and

therefore this action will not trigger any

additional FIP obligation.

Puerto Rico: The Commonwealth of

Puerto Rico has failed to submit a SIP

addressing section 110(a)(2)(C) (the Part

C PSD permit program). However, this

requirement has already been addressed

by a FIP that remains in place, and

therefore this action will not trigger any

additional FIP obligation.

Virgin Islands: The Virgin Islands has

failed to submit a SIP addressing section

110(a)(2)(C) (the Part C PSD permit

program). However, this requirement

has already been addressed by a FIP that

remains in place, and therefore this

action will not trigger any additional

FTP obligation.

Region III:

Maryland: As required by sections

110(a)(2)(C) and (J), the State of

Maryland has failed to submit a SIP

addressing changes to its part C PSD

permit program required by the

November 29, 2005 (70 FR 71612, page

71699) final rule that made NOx a

precursor for ozone in the part C

regulations at 40 CFR 51.166 and in 40

CFR 52.21.

Pennsylvania: The Commonwealth of

Pennsylvania has failed to submit a SIP

addressing section 110(a)(2)(C) (the Part

C PSD permit program) for only the

Allegheny County portion of the

Commonwealth. However, this

requirement has already been addressed

by a FIP (Implementation of the Federal

PSD program has been delegated to the

Allegheny County Health Department)

that remains in place, and therefore this

action will not trigger any additional

FIP obligation. All other areas of the

Commonwealth, exclusive of Allegheny

County, has a SIP approved PSD

program in place.

Virginia: The Commonwealth of

Virginia has failed to submit a SIP

addressing the part C PSD permit

program, which consists of changes

required by the November 29, 2005 (70

FR 71612 page 71699) final rule that

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made NOx a precursor forozone in theParit CGieglationskit'40 CFR 5.1166 atrd

in 40 CFR 521. :"

Washington, DC: The District of

Columbia has failed to submit a SIP

addressing sections 110(a)(2)(B), (C) (the

Part C PSD permit program), (E)(i), (F)

(the public availability of reports), (H),

and J) (with respect to a part C

Prevention of Significant Deterioration

(PSD) permit program and to public

notification under section 127).3 The

section 110(a)(2)(C) (the Part C PSD

permit program) requirement has

already been addressed by a FIP that

remains in place, and therefore this

action will not trigger any additional

FIP obligation with respect to this

requirement.

West Virginia: The State of West

Virginia has failed to make a submittal

with respect to sections 110(a)(2)(B),

(E)(i), (G) (with respect to authority

comparable to section 303), (H) and U)

(relating to public notification under

section 127) and (M). The State of West

Virginia has also failed to submit a SIP

addressing changes to the part C PSD

permit program required by the

November 29, 2005 (70 FR 71612, page

71699) final rule that made NOx a

precursor for ozone in the part C

regulations at 40 CFR 51.166 and in 40

CFR 52.21. •

Delaware: As required by sections

110(a)(2)(C) and (J), the State of

Delaware has failed to submit a SIP

addressing changeg to its part C PSD

permit program required by the

November 29, 2005 (70 FR 71612, page

71699) final rule that made NOx a

precursor for ozone in the Part C

regulations at 40 CFR 51.166 and in 40 .

CFR 52.21.

Region IV:

Florida: The State of Florida has

failed to submit a SIP addressing .the

emergency episode plan requirement of

section 110(a)(2)(G).

Georgia: The State of Georgia has

failed to submit a SIP addressing the

emergency episode plan requirements of

section 110(a)(2)(G).

3 While the District of Columbia did not make the

submittal addressing the aforementioned

requirements by the January 7, 2008 timeframe

called for undet the Consent Decree with Earth

Justice, the District of Columbia subsequently made

a submittal on January 11, 2008 that addresses the

requirements related to sections 110(a)(2}(B), (E)(i),

(F) (with respect to the public availability of

reports), (H), and () (with respect to public

notification under section 127). The EPA is

currently reviewing the submittal for completeness.

The District of Columbia has not submitted a part

C PSD permit program required under sections

110(a)(2)(C) and (J). It should be noted, however,

that the District of Columbia is already subject to

a FIP for a PSD permit program pursuant to 40 CFR

52.499.

North Carolina: As required-by" ' ..

sectibsns 11(at(,2)(C) and J), the State of,

Not Carolifia haskfailed to; u bmit a

SIP addressing changes to its part C PSD

permit program required by the

November 29, 2005 (70 FR 71612, page

71699) final rule that made NOx a

precursor for ozone in the Part C

regulations at 40 CFR 51.166 and in 40

CFR 52.21. 4

Tennessee: As required by sections

110(a)(2)(C) and U), the State of

Tennessee has failed to submit a SIP

addressing changes to its part C PSD

permit program required by the

November 29, 2005 (70 FR 71612, page

71699) final rule that made NOx a

precursor for ozone in the Part C

regulations at 40 CFR 51.166 and in 40

CFR 52.21. 5

Region V:

Illinois: The State of Illinois has failed

to submit a SIP addressing section

110(a)(2)(C) (the Part C PSD permit

progranr). However, this requirement

has already been addressed by a FIP that

remains in place, and therefore this

action will not trigger any additional

FIP obligation.

Minnesota: The State of Minnesota

has failed to submit a SIP addressing

section 110(a)(2)(C) (the Part C PSD

permit program). However, this

requirement has already been addressed

by a FIP that remains in place, and

therefore this action will not trigger any

additional FIP obligation.

Region VI:

Arkansas: As required by section

110(a)(2)(C) and U), the State of

Arkansas has failed to submit a SIP

addressing changes to the part C PSD

permit program required by the

November 29, 2005 (70 FR 71612, page

71699) final rule that made NOx a

precursor for ozone in the part C

regulations at 40 CFR 51.166 and in 40

CFR 52.21.

New Mexico: As required by section

110(a)(2)(C) and (), the State of New

Mexico has failed to submit a SIP

addressing changes to the part C PSD

permit program required by the

November 29, 2005 (70 FR 71612, page

71699) final rule that made NOx a

precursor for ozone in the part C

regulations at 40 CFR 51.166 and in 40

CFR 52.21.

4The State of North Carolina is currently going

through the rulemaking process to approve the

requirements to meet this element of section

110(a)(2) and anticipates making the submittal to

address the requirement by May 2008.

sThe State of Tennessee is currently going

through the rulemaking process to approve the

requirements to meet this element of section

110(a)(2) and anticipates making the submittal to

address the requirement by May 2008.

Oklahoma: -As requiredby section,

110(a)(2XC) aid:ff), the State'of - .

Oklah6eita'his failed to submit a SIP

addressing changes to the part C PSD

permit program required by the

November 29, 2005 (70 FR 71612, page

71699) final rule that made NOx a

precursor for ozone in the part C

regulations at 40 CFR 51.166 and in 40

CFR 52.21.

Region IX:

California: The State of California has

failed to submit a SIP addressing section

110(a)(2)(C) (the Part C PSD permit

program) that applies to some Air

Districts within the State. However, this

requirement has already been addressed

for these Air Districts by a FIP that

remains in place, and therefore this

action will not trigger any additional

FIP obligation. All other areas of the

State, exclusive of these Air Districts

have an approved PSD program in

place.

C. List of States That Submitted

Complete Submissions to Satisfy the

Section 11 0(a)(2) Requirements

The following States have been

determined by EPA to have made

complete SIP submissions that address

all of the section 110(a)(2) requirements

by January 7, 2008:

Region I: Maine, Rhode Island,

Connecticut, and New Hampshire.

Region IV: Alabama, Kentucky,

Mississippi, and South Carolina.

Region V: Indiana, Ohio, Michigan, and

Wisconsin.

Region VI: Louisiana. -

Region.VII: Iowa, Kansas, Nebraska, and

Missouri.

Region VIII: Colorado, Montana, South

Dakota, Utah, and Wyoming.

1I. Statutory and Executive Order

Reviews

A. Executive Order 12866: Regulatory

Planning and Review

Under Executive Order 12866 (58 FR

51735, October 4, 1993), this action is a "significant regulatory action" because

it is likely to result in a rule that may

raise novel legal or policy issues arising

out. of legal mandates, the President's

priorities, or the principles set forth in

the Executive Order. Accordingly, EPA

submitted this action to the Office of

Management and Budget (OMB) for

review under EO 12866 and any

changes made in response to OMB

recommendations have been

documented in the docket for this

action.

B. Paperwork Reduction Act

This action does not impose an

information collection burden under the

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provisions of the Paperwork Reduction

Act, 44 U.S.C* 3501 et seq. This rule

relates to the requirement in the CAA

for States to submit SIPs under section

110(a) to satisfy certain infrastructure

and general authority-related elements

required under section 110(a)(2) of the

CAA for the 1997 8-hour ozone NAAQS.

Section 110(a)(1) of the CAA requires

that States submit SIPs that implement,

maintain, and enforce a new or revised

NAAQS which satisfies the

requirements of section 110(a)(2) within

3 years of promulgation of such

standard, or shorter period as EPA may

provide. The present final rule does not

establish any new information

collection requirement apart from that

already required by law. Burden means

that total time, effort, or financial

resources expended by persons to

generate, maintain, retain, or disclose or

provide information to or for a Federal

agency. This includes the time needed

to review instructions; develop, acquire,

install, and utilize technology and

systems for the purposes of collecting,

validating, and verifying information,

processing and maintaining

information, and disclosing and

providing information; adjust the

existing ways to comply with any

previously applicable instructions and

requirements; train personnel to be able

to respond to a collection of

information; search data sources;

complete and review the collection of

information; and transmit or otherwise

disclose the information. An Agency

may not conduct or sponsor, and a

person is not required to respond to a

collection of information unless it

displays a currently valid OMB control

number. The OMB control numbers for

EPA's regulations-in the CFR are listed

in 40 CFR part 9.

C. Regulatory Flexibility Act (RFA)

The Regulatory Flexibility Act (RFA)

generally requires an agency to prepare

a regulatory flexibility analysis of any

rule subject to notice and comment

rulemaking requirements under the

Administrative Procedures Act (APA) or

any other statute unless the agency

certifies that the rule will not have a

significant economic impact on a

substantial number of small entities.

Small entities include small businesses,

small organizations, and small

governmental jurisdictions.

For the purpose of assessing the

impacts of this final rule on small -

entities, small entity is defined as: (1) A

small business that is a small industry

entity as defined in the U.S. Small

Business Administration (SBA) size

standards (See 13 CFR 121); (2) a small

governmental jurisdiction that is a

government of a city, county, town,

school district or special district with a

population of less than 50,000; and (3)

a small organization that is any not-forprofit enterprise which independently

owned and operated is not dominant in

its field. . After considering the economic

impacts of this final rule on small

entities, I certify that this rule will not

have a significant economic impact on

a substantial number of small entities.

This final rule will not impose any

requirements on small entities.

D. Unfunded Mandates Reform Act of

1995 (UMRA)

Title H of the Unfunded Mandate

Reform Act of 1995 (UMRA), Public

Law 104-4, establishes requirements for

Federal Agencies to assess the effects of

their regulatory actions on State, local

and Tribal governments and t.ie private

sector. Under section 202 of the UMRA,

EPA generally must prepare a written

statement, including a cost-benefit

analysis, for proposed and final rules

with "Federal mandate" that may result

in'expenditures to State, local, and

Tribal governments, in the aggregate, or

to the private sector, of $100 million or

more in any 1 year. Before promulgating

an EPA rule for which a written

statement is needed, section 205 of the

UMRA generally requires EPA to

identify, and consider, a reasonable

number of regulatory alternatives and

adopt the reast costly, most costeffective or least burdensome alternative

that achieves the objectives of the rule.

The provisions of section 205 do not

apply when they are inconsistent with

applicable law. Moreover, section 205

allows EPA to adopt an alternative other

than the least costly, most cost-effective

or least burdensome alternative if the

Administrator publishes with the final

rule an explanation of why that

alternative was not adopted. Before EPA

establishes any regulatory requirements

that may significantly or uniquely affect

small governments, including Tribal

governments, it must have developed

under section 203 of the UMRA a small

government agency plan. The plan must

provide for notifying potentially

affected small governments to have

meaningful and timely input in the

development of EPA regulatory

proposals with significant Federal

intergovernmental mandates, and

informing, educating, and advising

small government on compliance with

regulatory requirements.

EPA has determined that this action

does not contain a Federal mandate that

mayresult in expenditures of $100

million or more for State, local and

tribal governments, in the aggregate, or

the private sector in any 1 year. It does

not create any additional requirements

beyond those of the 1997 8-hour ozone

NAAQS (62 FR 38652; 62 FR 38856,

July 18, 1997). This rule responds to the

requirement in the CAA for States to

submit SIPs under section 110(a) to

satisfy certain infrastructure and general

authority-related elements required

under section 110(a)(2) of the CAA for

the 1997 8-hour ozone NAAQS. Section

110(a)(1) of the CAA requires that States

submit SIPs that implement,-maintain,

and enforce a new or revised NAAQS

which satisfies the requirements of

section 110(a)(2) within 3 years of

promulgation of such standard, or

shorter period as EPA may provide. The

EPA believes that any new controls

imposed as a result of this action will

not cost in the aggregate $100 million or

more annually. Thus, this action is not

subject to the requirements of section

202 and 205 of the UMRA.

E. Executive Order 13132: FederalismExecutive Order 13132, entitled

"Federalism" (64 FR 43255, August 10,

1999), requires EPA to develop an

accountable process to ensure "meaningful and timely input by State

and local officials in the development of

regulatory policies that have federalism

implications." "Policies that have

federalism implications" is defined in

the Executive Order to include

regulations that have "substantial direct

effects on the States, or the relationship

between the national government and

the States, or on the distribution of

power and responsibilities among the

various levels of government."

This final rule does not have

federalism implications. It will not have

substantial direct effects on the States,

-on the relationship between the national

government and the States, or on the

distribution of power and

responsibilities among the various

levels of government, as specified in

Executive Order 13132. The CAA

establishes the scheme whereby States

take the lead in developing plans to

meet the NAAQS. This rule will not

modify the relationship of the States

and EPA for purposes of developing

programs to implement the NAAQS.

Thus, Executive Order 13132 does not

apply to this rule.

F. Executive Order 13175: Consultation

and Coordination With Indian Tribal

Governments

Executive Order 13175, entitled

"Consultation and Coordination with

Indian Tribal Governments" (65 FR

67249, November 9, 2000), requires EPA

to develop an accountable process to

ensure "meaningful and timely input by

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Tribal, officials in the development of

regulatory policies that have Tribal!-

implications." This final rule does not

have Tribal implications, as specified in

Executive Order 13175. This rule

responds to the requirement in the CAA

for States to submit SIPs under section

110(a) to satisfy certain elements

required under section 110(a)(2) of the

CAA for the 1997 8-hour ozone NAAQS.

Section 110(a)(1) of the CAA requires

that States submit SIPs that provide for

implementation, maintenance, and

enforcement of a new or revised

NAAQS, and which satisfy the

applicable requirements of section

110(a)(2), within 3 years of

promulgation-of such standard, or within shorter period as EPA may

provide. The CAA provides for States

and Tribes to develop plans to regulate

emissions of air pollutants within their

jurisdictions. The regulations clarify the

statutory obligations of Stares and

Tribes that develop plans to implement

this rule. The Tribal Authority Rule

(TAR) gives Tribes the opportunity to

develop and implement CAA programs,

but it leaves to the discretion of the

Tribe whdther to develop these

programs and which programs, or

appropriate elements of a program, the

Tribe will adopt.

This rule does not have Tribal

implications as defined by Executive

Order 13175. It does not have a

substantial direct effect on one or more

Indian Tribes, because no Tribe has.

implemented an air quality management

program related to the 1997 8-hiour

ozone NAAQS. Furthermore, this rule

does not affect the relationship or

distribution of power and

responsibilities between the Federal

government and Indian Tribes. The

CAA and the TAR establish the

relationship of the Federal government

and Tribes in developing plans to attain

the NAAQS, and this rule does nothing

to modify that relationship. Thus,

Executive Order 13175 does not apply

to this rule.

G. Executive Order 13045: Protection of

Children From Environmental Health

and Safety Risks

EPA interprets EO 13045 (62 FR

19885, April 23, 1997) as applying only

to those regulatory actions that concern

health or safety risks, such that the

analysis required under section 5-501 of

the EO has the potential to influence the

regulation. This action is not subject to

EO 13045 because it is making findings

concerning whether or not each State

has submitted a complete SIP that

provides the basic program elements

specified in CAA section'110(a)(2)

necessary to implement the 1997 8-hour

ozone NAAQS. The findings offure

to submit f£all ora portion of aiState's

SIP egtablisha 24-xotb deadline for

EPA to promulgate FIPs to address the

outstanding SIP elements unless, prior

to that time, the affected States submit,

and EPA approves, the required SIPs.

H. Executive Order 13211: Actions That

Significantly Affect Energy Supply,

Distribution, or Use

This rule is not a "significant energy

action" as defined in Executive Order

13211, "Actions Concerning Regulations

That Significantly Affect Energy Supply,

Distribution, or Use" (66 FR 28355 (May

22, 2001)) because it is not likely to

have a significant adverse effect on the

supply, distribution, or use of energy. At

the time of proposal of the

implementation rule for the 1997 8-hourozone standard, information on the

methodology and data regarding the

assessment of potential energy impacts

regarding implementation of the 1997 8-

hour standard was addressed in Chapter

6 of U.S. EPA 2003, Cost, Emission

Reduction, Energy, and Economic

Impact Assessment of the Proposed Rule

Establishing the Implementation

Framework for the 1997 8-Hour, 0.08

ppm Ozone National Ambient Air

Quality Standard, prepared by the

Innovative Strategies and Economics

Group, Office of Air Quality Planning

and Standards, Research Triangle Park,

NC, April 24, 2003. Subsequently, EPA

issued an Addendum 1 to that-analysis

for the Phase 1 final rule (April 30, 2004

(69 FR 33951)) and designated

nonattainment areas. By adopting the

more flexible approaches while

providing for attainment and

maintenance of the 8-hour NAAQS as

required by the CAA for the areas

covered by this rulemaking, additional

energy cost associated with more

extensive use of less flexible approaches

would be averted.

L National Technology Transfer

Advancement Act

Section 12(d) of the National

Technology Transfer Advancement Act

of 1995 (NTTAA), Public Law No. 104-

113, section 12(d) (15 U.S.C. 272 note)

directs EPA to use voluntary consensus

standards (VCS) in its regulatory

activities unless to do so would be

inconsistent with applicable law or

otherwise impracticable. VCS are

technical standards (e.g., materials

specifications, test methods, sampling

procedures, and business practices) that

are developed or adopted by VCS

bodies. The NTTAA directs EPA to

provide Congress, through OMB,

explanations when the Agency decides

not to use available and applicable VCS.

This action does not involve technical

standards. Therefore, EPA did-not

consider the use of any VCS.

J. Executive Order 12898: Federal

Actions To Address Environmental

Justice in Minority Populations and

Low-Income Populations

Executive Order (EO) 12898 (59 FR

7629 (Feb. 16, 1994)) establishes Federal

executive policy on environmental

justice. Its main provision directs

federal agencies, to the greatest extent

practicable and permitted by law, to

make environmental justice part of their

mission by identifying and addressing,

as appropriate, disproportionately high

and adverse human health or

environmental effects of their programs,

policies, and activities on minority

populations and low-income

populations in the United States.

EPA has determined that this final

rule will not have disproportionately

high and adverse human health or

environmental effects on minority or

low-income populations because it does

not directly affect the level of protection

provided to human health or the

environment. This notice is making a

finding concerning whether each State

has submitted or failed to submit a

complete SIP that provides the basic

program elements of section 110(a)(2)

necessary to implement the 1997 8-hour

ozone NAAQS.

K. Congressional Review Act

The Congressional Review Act, 5

U.S.C. 801 et seq., as added by the Small

Business Regulatory Enforcement

Fairness Act of 1996, generally provides

that before a rule may take effect, the

agency promulgating the rule must

submit a rule report, which includes a

copy of the rule, to each House of the

Congress and to the Comptroller General

of the United States. EPA will submit 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 United

States prior to publication of the rule in

the Federal Register. A Major rule

cannot take effect until 60 days after it

is published in the Federal Register.

This action is not a "major rule" as

defined by 5 U.S.C. 804(2). This rule

will be effective April 28, 2008.

L. 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 District of

Columbia Circuit Court within 60 days

from the date final action is published

in the Federal Register. Filing a petition

for review by the Administrator of this

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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 must be filed, and shall not

postpone the effectiveness of such rule

or action.

Thus, any petitions for review of this

action related to a finding of failure to

submit related to the requirements of

section 110(a) to satisfy certain elements

required under section 110(a)(2) of the

CAA for the 1997 8-hour ozone NAAQS

must be filed in the Court of Appeals for

the District of Columbia Circuit within

60 days from the date final action is

published in the Federal Register.

List of Subjects in 40 CFR Part 52

Approval and promulgation of

implementation plans, Environmental

protection, Administrative practice and

procedures, Air pollution control,

Intergovernmental relations, and

Reporting and recordkeeping

requirements.

Dated: March 17, 2008.

Robert J. Meyers,

Principal DeputyAssistant Administrator.

[FR Doc. E8-6176 Filed 3-26-08; 8:45 am]

BILLING CODE 6560-50-P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 071106673-8011-02]

RIN 0648-XG65

Fisheries of the Exclusive Economic

Zone Off Alaska; Pacific Cod by

American Fisheries Act Catcher

Processors Using Trawl Gear in the

Bering Sea and Aleutian Islands

Management Area

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Temporary rule; closure.

SUMMARY: NMFS is prohibiting directed

fishing for Pacific cod by American

Fisheries Act (AFA) trawl catcher

processors in the Bering Sea and

Aleutian Islands management area

(BSAI), This action is necessary to

prevent exceeding the A season

allowanceof the 2008 Pacific cod total

allowable catch (TAC) specified for AFA

trawl catcher processors in the BSAI.

DATES: Effective 1200 hrs, Alaska local

time (A.l.t.), March 24, 2008, though

1200 hrs, A.l.t., April 1, 2008.

FOR FURTHER INFORMATION CONTACT:

Jennifer Hogan, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS

manages the groundfish fishery in the.

BSAI exclusive economic zone

according to the Fishery Management

Plan for Groundfish of the Bering Sea

and Aleutian Islands Management Area

(FMP) prepared by the North Pacific

Fishery Management Council under

authority of the Magnuson-Stevens

Fishery Conservation and Management

Act. Regulations governing fishing by

U.S. vessels in. accordance with the FMP

appear at subpart H of 50 CFR part 600

and 50 CFR part 679.

The A season allowance of the 2008

Pacific cod TAC allocated to AFA trawl

catcher processors in the BSAI is 2,630

metric tons (mt) as established by the

2008 and 2009 final harvest

specifications for groundfish in the

BSAI (73 FR 10160, February 26, 2008).

See § 679.20(c)(3)(iii), § 679.20(c)(5),

§ 679.20(a)(7)(ii)(A)(7), and

§ 679.20(a)(7)(iv)(A)(1)(ii).

In accordance with § 679.20(d)(1)(iii),

the Administrator, Alaska Region,

NMFS, has determined that the A

season allowance of the 2008 Pacific

cod TAC allocated to AFA trawl catcher

processors in the BSAI has been

reached. Consequently, NMFS is

prohibiting directed fishing for Pacific

cod by AFA trawl catcher processors in

the BSAI.

After the effective date of this closure

the maximum retainable amounts at

§ 679.20(e) and (f) apply at any time

during a trip.

Classification

This action responds to the best

available information recently obtained

from the fishery. The Assistant

Administrator for Fisheries, NOAA,

.(AA), finds good cause to waive the

requirement to provide prior notice and

opportunity for public comment

pursuant to the authority set forth at 5

U.S.C. 553(b)(B) as such requirement is

impracticable and contrary to the public

interest. This requirement is

impracticable and contrary to the public

interest as it would prevent NMFS from

responding to the most recent fisheries

data in a timely fashion and would

delay the closure of Pacific cod by AFA

trawl catcher processors in the BSAI.

NMFS was unable to publish a notice

providing time for public comment

because the most recent, relevant data

only became available as of March 21,

2008.

The AA also finds good cause to

waive the 30-day delay in the effective

date of this action under 5 U.S.C.

553(d)(3). This finding is based upon

the reasons provided above for waiver of

prior notice and opportunity for public

comment.

This action is required by § 679.20

and is exempt from review under

Executive Order 12866.

Authority: 16 U.S.C. 1801 et seq.

Dated: March 24, 2008.

Emily H. Menashes,

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 08-1079 Filed 3-24-08; 3:51 pm]

BILLING CODE 3510-22-S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 071106673-8011-02]

RIN 0648-XG70

Fisheries of the Exclusive Economic

Zone Off Alaska; Pacific Cod by

Vessels in the Amendment 80 Limited

Access Fishery in the Bering Sea and

Aleutian Islands Management Area

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Temporary rule; closure.

SUMMARY: NMFS is prohibiting directed

fishing for Pacific cod for vessels

participating in the Amendment 80

limited access fishery in the Bering Sea.

and Aleutian Islands management area

(BSAI). This action is necessary to

prevent exceeding the B season

allowance of the 2008 Pacific cod

allowable catch (TAC) specified for

vessels participating in the Amendment

80 limited access fishery in the BSAI.

DATES: Effective 1200 hrs, Alaska local -

time (A.l.t.), April 1, 2008, through 1200

hrs, A.l.t., June 10, 2008.

FOR FURTHER INFORMATION CONTACT:

Jennifer Hogan, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS

manages the groundfish fishery in the

BSAI exclusive economic zone

according to the Fishery Management

Plan for Groundfish of the Bering Sea

and Aleutian Islands Management Area

(FMP) prepared by the North Pacific

Fishery Management Council under

authority of the Magnuson-Stevens

Fishery Conservation and Management

Act. Regulations governing fishing by

U.S. vessels in accordance with the FMP

appear at subpart H of 50 CFR part 600

and 50 CFR part 679.

The B season allowance of the 2008

Pacific cod TAC allocated to vessels

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