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Citation: 73 Fed. Reg. 16205 2008

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report containing this rule and other required information to the U.S. Senate, the U.S. House ofRepresentatives, and the Comptroller General ofthe United States prior to publication ofthe rule in the Federal Register. A majorrule
cannot take effect until 60 days after it is published in the Federal Register. This action is not a "major rule" as defined by5 U.S.C. 804(2).

Under section 307(b)(1) of the Clean Air Act,petitions forjudicial review of thisaction mustbe filed in the United States Court ofAppeals for the appropriate circuit by May 27, 2008. Interested parties should comment in response to the proposed rule rather thanpetition forjudicial review, unless the objection arises after the comment period allowed forin the proposal. Filing a petition for reconsideration by the Administrator ofthis final rule does
not affect the finality ofthis rule for the purposes ofjudicial review nor does it extend the time within which a petition forjudicial review maybe filed, and shallnot 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 ofSubjects in 40 CFR Part52

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 NewEngland.

mPart 52 ofchapter I,title40 ofthe Code ofFederal Regulations is amended

as follows: PART 52--[AMENDED]

m 1. The authoritycitation forpart 52. continues toread as follows:

Authority: 42 U.S.C. 7401 etseq. Subpart OO-Rhode Island

a 2. In§ 52.2070 (c), the table entitled "EPA Approved Rhode Island Regulations," is amendedby adding a

new entry, "Air Pollution Control Regulation Number 45" innumerical 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].

[FRDoc. 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 Findingsfor 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). Bythis action, EPA is identifying those States that: Have failed tomake a complete submission for allrequirements; have failed tomake a complete submission for specific requirements; or have made

a complete submission. The findings of failure to submit for all ora portion of

a State's SIP establish a24-month deadline for EPA to promulgate Federal .Implementation Plans (FIPs)to address the outstanding SIP elements unless, prior tothat time, the affected States submit, andEPA approves, therequired SIPs. The findings that all, or portions ofa 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 ofthisrule is April 28, 2008.
FOR FURTHER INFORMATION CONTACT: General questions concerning this notice shouldbe addressed toMr. Larry D.Wallace, PhD, Office ofAir 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 ofthe Administrative Procedures Act, 5 U.S.C. 553(b)(B), provides that, when an agency forgood cause finds that notice andpublic procedure are impracticable, unnecessary orcontrary 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 formaking this rule final without prior proposal and opportunity for
comment because no significant EPA judgment is involved inmaking a finding offailure to submit SIPs, or elements ofSIPs, required by the CAA, where states have made no submissions,

or incomplete submissions, to meet the requirement bythe 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 aspecific State please contact the appropriate regional office: 16205

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

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 ofContents I.Background II. ThisAction

A. Finding ofFailure To Submit for States

that Failed To Make a Submittal B.Finding ofFailure To Submit Specific

Elements ofSection 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 of1995

(UMRA) E. Executive Order 13132: Federalism F.Executive Order 13175: Consultation

and Coordination With Indian Tribal Governments G. Executive Order 13045: Protection of

Children FromEnvironmental 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 ofsuch NAAQS, or within such shorter period as EPAmay prescribe. Section 110(a) imposes the obligation upon States tomake a SIP submission toEPA for anew or revised NAAQS, but the contents ofthat submission may vary depending upon the facts and circumstances. In particular, the data and analytical tools available at the timethe State develops and submits the SIP for a new orrevised' NAAQS necessarily affects the content ofthe submission. The contents of such SIP submissions may also vary depending upon what provisions the State's existing SIP already contains.-In the case ofthe 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 thatare designed to assure attainment and maintenance ofthe NAAQS. The requirements that are the subject ofthis 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 bythe 3 year submission deadline ofsection 110(a)(1) because SIPs incorporating necessary local nonattaiment area controls are not due within 3 years after promulgation ofanew or revised NAAQS, but rather aredud atthe 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 ofthe CAA, and (ii) submissions required by section 110(a)(2)(I) which pertain tothe nonattainment planning requirements of part D, Title I oftheCAA. Therefore, this action does not coverthese specific SIP elements. This action also does not pertain to section 110(a)(2)(D), because EPA has previously addressed that requirement.I

As of2004, States had not submitted complete SIPs to satisfy all ofthe section 110(a)(2) requirements for the 1997 8-hour ozone NAAQS revision. On March 4, 2004, Earth Justice submitted

a notice ofintent to sue related to EPA's failure to issue findings offailure to submit related to these requirements. Subsequently, EPA entered into a Consent Decree withEarth 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) forthe 1997 8-hour ozone NAAQS by December 15, 2007. Subsequently, EPA received an extension ofthe dateto complete this Federal Register notice until March 17, 2008, based upon an

IEPApublished afinding thatall States had failed to submit SIPs addressing interstate transport for the 8-hour ozone and PM2. 5 NAAQS, asrequired 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 byJanuary 7, 2608.In accordance withthe Consent Decree, EPA is making completeness findings for each State based upon what the Agency received from each State as ofJanuary 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, orboth.

For those States that have not yet made a submittal, or that made a submittal that was notcomplete with respect to each element ofsection 110(a)(2), EPA is making a finding of failure to submit. For those States that did not make any submittal byJanuary 7, 2008, EPA is making a finding with respect to allofthe 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, ornot made aSIP submission to meet, as ofJanuary 7,. 2008. These findings establish a 24 month deadline for the promulgation by EPA ofa FIP, in accordance with section 110(c)(1). These findings offailure to submit do not impose sanctions, or set deadlines for imposing sanctions as described in section 179 ofthe CAA, because these finding do not pertain to the elements of aTitle 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).

Withrespect to theremaining section 110(a)(2) SIP elements in those States in which EPA has identified specific findings offailure to submit, EPA isby this action making afinding that the remainder ofsuch SIPs are complete. Likewise, with respectto those States for which EPA has notmade any finding offailureto submit concerning the section 110(a)(2) SIP elements, EPA is bythis action making a finding that such SIPs are complete forall such elements. These full and partial completeness findings establish a 12- month deadline for EPA totake action upon such -SIPsin 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, orthat

- have not made a submission that is complete for each element ofsection 110(a)(2), these findings establish a 24- month deadline for the promulgation by EPA ofa FIP addressing these specific SIP elements, in accordance with section 110(c)(1). For those States that have submitted acomplete SIP, and for those elements ofSIPs in States for which EPA has identified onlypartial 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. Findingof FailureTo Submit for States ThatFailedtoMakea 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 EPAmust promulgate a FIP forthe affected States to address section 110(a)(2) requirements, ifthe affected States fail to submit, and obtainEPA approval of, the SIP revisions necessary to address these requirements. The States and territories that are affected by this finding of failure to submit arethe following: Region I: Vermont Region VI: Texas Region VIII: North Dakota Region IX: Arizona, Hawaii, Nevada,2 Guam, American Samoa, Commonwealth ofthe Northern Mariana Islands. Region X: Alaska, Idaho, Oregon, Washington.

B. Finding of

FailureTo SubmitSpecific ElementsofSection 110(a)(2)

The following States made submissions that address some, but not all ofthe section 110(a)(2) requirements, by January 7, 2008. EPA isbythis 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) (thePart C PSD permit program). However, this requirement has already been addressed by aFIP that remains in place, and

2Itshould benoted that, while the State of Nevada did notmake the submittal addressing the requirements of section 110(a)(2)by the January 7, 2008 timeframe specified in the amended Consent Decree withEarth Justice, the State has subsequently made a submittal to address these requirements on February 1, 2008 and EPA is currentlyreviewing the submittal for completeness and approvability. thereforet is-action will not trigger any additionalFTP obligation. R6gion H:

New York: The State ofNew Yorkhas failed to submit a SIP addressing section 110(a)(2)(C) (thePart C PSDpermit program). However, this requirement has already been addressed by a FIPthat remains in pldce, and therefore this action will not trigger any additional FTP obligation.

New Jersey: The State ofNew Jersey has failed to submit a SIP addressing section 110(a)(2)(C) (thePart CPSD permit program). However, this requirement has already been addressed by a FTP that remains in place, and therefore this action will nottrigger any additional FIP obligation.

Puerto Rico: The Commonwealth of Puerto Rico has failed to submit a SIP addressing section 110(a)(2)(C) (thePart C PSDpermit program). However, this requirement has already been addressed by aFIP thatremains 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) (thePart 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 failedto submit a SIP addressing changes to its part C PSD permit program required bythe 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 failedto submit a SIP addressing section 110(a)(2)(C) (thePart C PSD permit program) foronly the Allegheny County portion ofthe Commonwealth. However, this requirement has alreadybeen addressed by a FIP (Implementation ofthe Federal PSD program has been delegated to the Allegheny County Health Department) thatremains in place, and therefore this action will not trigger any additional
FIP obligation. All other areas of the Commonwealth, exclusive ofAllegheny County,has a SIP approved PSD program in place.

Virginia: The Commonwealth of Virginia has failed to submit a SIP addressing the part CPSD permit program, which consists ofchanges required bythe November 29, 2005 (70 FR 71612 page 71699) final rule that 

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

made NOx aprecursor forozone in theParit CGieglationskit'40 CFR5.1166 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) (thepublic availability ofreports), (H), and 

### J)(withrespect to a part C Prevention ofSignificant Deterioration (PSD)permit program and to public notification under section 127).3 The section 110(a)(2)(C) (thePart C PSD permit program) requirement has already been addressed by aFIP that remains inplace, and therefore this action will nottrigger any additional FIP obligation with respect to this requirement.

West Virginia: The State ofWest Virginia has failed to make a submittal with respect to sections 110(a)(2)(B), (E)(i), (G) (withrespect to authority comparable to section 303), (H) and 

### U) (relatingto public notification under section 127) and (M). The State ofWest Virginia has also failed to submit a SIP addressing changes to the part C PSD permit program required bythe November 29, 2005 (70 FR 71612, page 71699) final rule thatmade NOx a precursor for ozone inthe part C regulations at40 CFR 51.166 and in40 CFR 52.21. •

Delaware: As required by sections 110(a)(2)(C) and 

### (J), the State of Delaware hasfailed to submit a SIP addressing changeg to its part C PSD permit program required by the November 29, 2005 (70 FR 71612, page 71699) finalrule 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 ofFloridahas failed to submit a SIP addressing .the
emergency episode planrequirement of section 110(a)(2)(G).

Georgia: The State of Georgiahas failed to submit a SIP addressing the
emergency episode plan requirements of section 110(a)(2)(G).

3While theDistrict ofColumbia didnot make the submittal addressing the aforementioned requirements by theJanuary 7, 2008 timeframe called for undet the ConsentDecree with Earth Justice, theDistrict of Columbia subsequently made

a submittal onJanuary 11, 2008 that addresses the requirements related to sections 110(a)(2}(B), (E)(i), (F) (with respectto the public availability of reports), (H), and ()(withrespect to public
notification under section 127). The EPA is currently reviewing the submittal for completeness. The District ofColumbia hasnot submitted a part C PSD permit program required under sections 110(a)(2)(C) and (J). It shouldbe noted, however, that the District ofColumbia is already subject to

aFIP 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; ubmita SIP addressing changes toits partC PSD permit program required by the November 29, 2005 (70 FR 71612, page 71699) final rule that made NOx a precursor for ozone inthe PartC regulations at40 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 requiredby the November 29, 2005 (70FR 71612, page 71699) final rule that made NOx a precursor for ozone in the Part C regulations at 40 CFR 51.166 and in40 CFR 52.21. 5 Region V: Illinois: The State ofIllinois has failed
to submit a SIP addressing section 110(a)(2)(C) (the PartC PSD permit progranr). However, thisrequirement has already been addressed by a FIP that remains in place, andtherefore this action will nottrigger any additional FIP obligation.

Minnesota: The State ofMinnesota has failed to submit a SIP addressing section 110(a)(2)(C) (thePart 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 bythe November 29, 2005 (70 FR 71612, page 71699) final rule that made NOx a precursor for ozone in the part C regulations at 40 CFR51.166 and in 40 CFR 52.21.

New Mexico: As required by section 110(a)(2)(C) and 

### (), the State ofNew Mexico has failedto 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 andin 40 CFR 52.21.

4The State ofNorth Carolina is currently going through the rulemaking process to approve the requirements to meet this element ofsection 110(a)(2) and anticipates making the submittal to address the requirement by May 2008.

sThe State ofTennessee is currently going through the rulemaking process to approve the requirements to meet this element ofsection 110(a)(2) and anticipates making the submittal to address the requirement by May 2008. 

### Oklahoma: -Asrequiredby section, 110(a)(2XC) aid:ff), the State'of

- . Oklah6eita'his failed to submit a SIP addressing changes tothe part C PSD permit program required bythe November 29, 2005 (70FR 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) (thePart CPSD 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 ofthe State, exclusive ofthese Air Districts have an approved PSDprogram in place.

C.ListofStates ThatSubmitted CompleteSubmissionsto Satisfythe Section 110(a)(2)Requirements

The following States have been determined byEPA to have made complete SIP submissions that address all ofthe 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, andWyoming.

1I. Statutory and Executive Order Reviews A. Executive Order12866:Regulatory Planning andReview
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is a "significant regulatory action" because it islikely to result in a rule that may raise novel legal or policy issues arising
out.oflegal mandates, the President's priorities, or theprinciples set forth in the Executive Order. Accordingly, EPA submitted this action to the Office of Management andBudget (OMB) for review under EO 12866 and any changes made inresponse to OMB recommendations have been documented in the docket for this action.

B.PaperworkReductionAct

This action does not impose an information collection burden underthe 

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provisions ofthe Paperwork Reduction Act, 44 U.S.C*3501 etseq. 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) ofthe CAA for the 1997 8-hour ozone NAAQS. Section 110(a)(1) ofthe CAA requires that States submit SIPs that implement, maintain, and enforce a new or revised NAAQS which satisfies the requirements ofsection 110(a)(2) within 3 years ofpromulgation ofsuch standard, or shorterperiod asEPA 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 forthe purposes ofcollecting, 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; andtransmit or otherwise disclose the information. An Agency may not conduct or sponsor, and a person is notrequired 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

aregulatory flexibility analysis ofany rule subject tonotice 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 ofsmall entities. Small entities include small businesses, small organizations, and small governmental jurisdictions.

For the purpose ofassessing the impacts ofthis finalrule on small

- entities, small entity is defined as: (1)A smallbusiness that is a small industry entity as defined inthe U.S. Small Business Administration (SBA) size standards (See 13 CFR 121); (2) a small governmental jurisdiction that is a government of acity, county, town, school district or special district with a population ofless 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 ofthis final rule on small entities, I certify that thisrule 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. UnfundedMandatesReform Act of 1995 (UMRA)

Title Hof 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 ofthe 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 theprivate sector, of$100 million or

more in any 1 year. Before promulgating

an EPA rule for which a written
statement is needed, section 205 ofthe UMRA generally requires EPA to identify, and consider, areasonable number ofregulatory alternatives and adopt the reast costly, most costeffective or least burdensome alternative that achieves the objectives ofthe rule. The provisions of section 205 donot apply when they are inconsistent with applicable law. Moreover, section 205 allows EPA to adopt an alternative other than the least costly, mostcost-effective

or least burdensome alternative ifthe Administrator publishes with the final rule an explanation ofwhy that alternative was notadopted. Before EPA establishes any regulatory requirements that may significantly or uniquely affect small governments, including Tribal governments, it must have developed under section 203 ofthe UMRA a small government agency plan. The plan must provide fornotifying potentially affected small governments to have meaningful and timely input inthe development ofEPA regulatory proposals with significant Federal intergovernmental mandates, and informing, educating, and advising small government on compliance with regulatory requirements.

EPA has determined that thisaction 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 ofthe 1997 8-hour ozone NAAQS (62 FR 38652; 62 FR 38856, July 18, 1997). This rule responds tothe requirement in theCAA for States to submit SIPs under section 110(a) to satisfy certain infrastructure and general authority-related elements required under section 110(a)(2) ofthe CAA for the 1997 8-hour ozone NAAQS. Section 110(a)(1) ofthe CAA requires that States submit SIPs that implement,-maintain, and enforce a new orrevised NAAQS which satisfies therequirements of section 110(a)(2) within 3 years of promulgation ofsuch standard, or shorter period as EPAmay provide. The EPA believes that any new controls imposed as a result ofthis action will
not cost in the aggregate $100 million or

more annually. Thus, this action is not subjectto therequirements ofsection 202 and 205 ofthe UMRA.

E.ExecutiveOrder13132:FederalismExecutive Order 13132, entitled "Federalism" (64 FR 43255, August 10, 1999), requires EPA to develop an accountable process to ensure "meaningful and timely inputby State andlocal officials in the development of regulatory policies thathave federalism implications." "Policies that have federalism implications" is defined in the Executive Order to include regulations that have "substantial direct effects onthe States, or therelationship between the national government and the States, or on the distribution of
power and responsibilities among the various levels ofgovernment."

This final rule does not have federalism implications. It will nothave substantial direct effects on the States,

-onthe relationship between the national government and the States, or on the distribution ofpower and responsibilities among the various levels ofgovernment, as specified in Executive Order 13132. The CAA establishes the scheme whereby States take thelead in developing plansto meet the NAAQS. Thisrule will not modifythe relationship ofthe States andEPA for purposes ofdeveloping programs to implement the NAAQS. Thus, Executive Order 13132 does not applyto this rule.

F. Executive Order13175: Consultation andCoordinationWithIndian 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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### 1621) Federal Register/Vol. 73, No. 60/Thursday March 27, 2008'/Rules and Regulations&

Tribal,officials in the development of regulatory policies that have Tribal!- implications." This final ruledoes not have Tribal implications, as specified in Executive Order 13175. This rule responds to the requirement inthe CAA for States to submit SIPs under section 110(a) to satisfy certain elements required under section 110(a)(2) ofthe CAA forthe 1997 8-hour ozone NAAQS. Section 110(a)(1) ofthe CAA requires that States submit SIPs that provide for implementation, maintenance, and enforcement of a new orrevised NAAQS, and which satisfy the applicable requirements ofsection 110(a)(2), within 3 years of promulgation-of such standard, or within shorter period as EPA may provide. The CAA provides for States andTribes to develop plans to regulate emissions ofair pollutants within their jurisdictions. The regulations clarify the statutory obligations ofStares and Tribes that develop plans to implement thisrule. The Tribal Authority Rule (TAR)gives Tribes the opportunity to develop andimplement CAA programs, but it leaves tothe discretion ofthe Tribe whdther to develop these
programs and which programs, or appropriate elements ofa program, the Tribe will adopt.

This rule does nothave Tribal implications as definedby Executive Order 13175. It does not have a substantial direct effect on one ormore Indian Tribes, because noTribe has. implemented an air quality management program related to the 1997 8-hiour

ozone NAAQS. Furthermore, this rule does notaffect the relationship or distribution ofpower and responsibilities between theFederal government and Indian Tribes. The CAA andthe TAR establish the relationship ofthe Federal government and Tribes in developing plans to attain the NAAQS, andthis rule does nothing tomodify that relationship. Thus, Executive Order 13175 does not apply
to this rule.

G.ExecutiveOrder13045:Protectionof ChildrenFromEnvironmentalHealth andSafetyRisks

EPA interprets EO 13045 (62 FR 19885, April 23, 1997) as applying only to those regulatory actions that concern health or safety risks, suchthat 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 ornot each State has submitted a complete SIP that provides the basic program elements specified inCAA section'110(a)(2) necessary to implement the 1997 8-hour ozone NAAQS. Thefindings offure to submit f£all ora portion ofaiState'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 Order13211:Actions That Significantly Affect EnergySupply, Distribution,orUse

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 itis not likely to have a significant adverse effect on the supply, distribution, oruse ofenergy. At the time ofproposal ofthe implementation rule forthe 1997 8-hourozone standard, information on the methodology and data regarding the
assessment ofpotential energy impacts regarding implementation ofthe 1997 8- hour standard was addressed inChapter 6 of U.S.EPA 2003, Cost, Emission Reduction, Energy, andEconomic Impact Assessment ofthe 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 ofAirQuality Planning and Standards, Research Triangle Park, NC, April 24, 2003. Subsequently, EPA issued an Addendum 1to 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 ofthe 8-hourNAAQS as required by the CAA forthe areas covered by this rulemaking, additional energy cost associated with more extensive use ofless flexible approaches wouldbe averted.

LNationalTechnologyTransfer AdvancementAct
Section 12(d) ofthe National Technology Transfer Advancement Act of 1995 (NTTAA), PublicLaw No. 104- 113, section 12(d) (15 U.S.C. 272 note) directs EPA to use voluntary consensus standards (VCS) inits regulatory activities unless to do so wouldbe inconsistent with applicable law or otherwise impracticable. VCS are technical standards (e.g., materials specifications, test methods, sampling procedures, andbusiness 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 notinvolve technical standards. Therefore, EPA did-not consider the use ofany VCS.

J.Executive Order12898: Federal Actions ToAddressEnvironmental JusticeinMinorityPopulations 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, tothe greatest extent practicable and permitted by law, to make environmental justice part oftheir mission by identifying and addressing,

as appropriate, disproportionately high and adverse human health or environmental effects oftheirprograms, policies, and activities on minority populations and low-income populations inthe United States.

EPA has determined that thisfinal rule will not have disproportionately high and adverse human health or environmental effects onminority or low-income populations because it does not directly affect the level ofprotection provided to human health or the environment. This notice is making a finding concerning whether each State has submitted or failedto submit a complete SIP thatprovides thebasic program elements ofsection 110(a)(2) necessary to implement the 1997 8-hour

ozone NAAQS.

K. Congressional ReviewAct
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 thatbefore a rule may take effect, the agency promulgating the rulemust submit a rulereport, which includes a copy ofthe rule, to each House ofthe Congress and to the Comptroller General ofthe 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 ofthe United States prior to publication ofthe rule in the FederalRegister. A Major rule cannot take effect until 60 days after it is published inthe Federal Register. This action is nota "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) ofthe CAA, petitions forjudicial review ofthis action must be filed in the United States Court ofAppeals 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 ofthis

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final rule does not affect the finality of this rule for thepurposes ofjudicial review nor does it extend the time within which apetition forjudicial review must be filed, and shall not postpone the effectiveness of such rule

or action.

Thus, any petitions for review ofthis action related to afinding offailure to submit related tothe requirements of section 110(a) to satisfy certain elements required under section 110(a)(2) ofthe CAA forthe 1997 8-hour ozone NAAQS
must be filed in the Court ofAppeals for the Districtof Columbia Circuit within 60 days from the date final action is published in the Federal Register.

List ofSubjects 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 DeputyAssistantAdministrator. [FRDoc.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 ofthe Exclusive Economic Zone OffAlaska; Pacific Cod by American Fisheries Act Catcher Processors Using Trawl Gear inthe 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 byAmerican 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 ofthe Bering Sea andAleutian Islands Management Area (FMP) prepared by the North Pacific Fishery Management Council under authority ofthe Magnuson-Stevens Fishery Conservation and Management Act. Regulations governing fishingby U.S. vessels in.accordance with the FMP appear at subpart H of50 CFR part 600 and 50 CFR part 679.

The A season allowance ofthe 2008 Pacific cod TAC allocated to AFA trawl catcher processors in the BSAI is 2,630 metrictons (mt)as established bythe 2008 and 2009 final harvest specifications for groundfish inthe 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 thatthe A

season allowance ofthe 2008Pacific cod TAC allocated toAFA trawl catcher processors inthe BSAI has been reached. Consequently, NMFS is prohibiting directed fishing for Pacific cod byAFA trawl catcher processors in the BSAI.

After the effective date ofthis closure the maximum retainable amounts at §679.20(e) and (f) apply at any time during a trip.
Classification

This action responds tothe best available information recently obtained fromthe fishery. TheAssistant Administrator for Fisheries, NOAA, .(AA),finds good cause to waive the requirement to provide priornotice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) as suchrequirement is impracticable and contrary to thepublic interest. This requirement is impracticable and contrary to thepublic interest as it would prevent NMFS from responding to the mostrecent fisheries data in atimely fashion andwould delay the closure ofPacific cod byAFA trawl catcher processors in the BSAI. NMFS was unable to publish a notice providing time forpublic comment because the mostrecent, relevant data only became available as ofMarch 21, 2008.

The AA also finds good cause to waive the 30-day delay in the effective date ofthis action under 5 U.S.C. 553(d)(3). This finding is based upon thereasons provided above for waiver of priornotice 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, ActingDirector, OfficeofSustainable Fisheries, National MarineFisheries Service. 

### [FRDoc. 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 ofthe Exclusive Economic Zone OffAlaska; Pacific Cod by Vessels inthe Amendment 80 Limited Access Fishery inthe 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 inthe Amendment 80 limited access fishery in the Bering Sea. andAleutian Islands management area (BSAI). This action is necessary to prevent exceeding the B season allowance ofthe 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 tothe Fishery Management Plan for Groundfish ofthe Bering Sea and Aleutian Islands Management Area (FMP)prepared by the North Pacific Fishery Management Council under authority ofthe Magnuson-Stevens Fishery Conservation and Management Act. Regulations governing fishingby 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 ofthe 2008 Pacific cod TAC allocated to vessels 

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