Federal Register / Vol. 77, No. 51 / Thursday, March 15, 2012 / Rules and Regulations 15263 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

34(g), of the Instruction. This rule 

involves establishing a temporary safety 

zone that will be enforced for a total of 

45 hours. An environmental analysis 

checklist and a categorical exclusion 

determination are available in the 

docket where indicated under 

ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add a temporary § 165.T07–0138 to 

read as follows: 

§ 165.T07–0138 Safety Zone; NonCompliant Vessel Pursuit Training Course, 

Wando River, Charleston, SC. 

(a) Regulated Area. The following 

regulated area is a safety zone. All 

waters of the Wando River, bank to bank 

and surface to bottom between 

Daybeacon #13, at position 32°51′46′′ N, 

79°53′26′′ W; and Daybeacon #23, at 

position 32°52′31′′ N, 79°51′15′′ W. All 

coordinates are North American Datum 

1983. 

(b) Definition. The term ‘‘designated 

representative’’ means Coast Guard 

Patrol Commanders, including Coast 

Guard coxswains, petty officers, and 

other officers operating Coast Guard 

vessels, and Federal, state, and local 

officers designated by or assisting the 

Captain of the Port Charleston in the 

enforcement of the regulated area. 

(c) Regulations. (1) All persons and 

vessels are prohibited from entering, 

transiting through, anchoring in, or 

remaining within the regulated area 

unless authorized by the Captain of the 

Port Charleston or a designated 

representative. 

(2) Persons and vessels desiring to 

enter, transit through, anchor in, or 

remain within the regulated area may 

contact the Captain of the Port 

Charleston by telephone at (843) 740– 

7050, or a designated representative via 

VHF radio on channel 16, to request 

authorization. If authorization to enter, 

transit through, anchor in, or remain 

within the regulated area is granted by 

the Captain of the Port Charleston or a 

designated representative, all persons 

and vessels receiving such authorization 

must comply with the instructions of 

the Captain of the Port Charleston or a 

designated representative. 

(3) The Coast Guard will provide 

notice of the regulated area by Broadcast 

Notice to Mariners, Marine Safety 

Information Bulletins, and on-scene 

designated representatives. 

(d) Effective Date. This rule is 

effective from 7 a.m. on March 19, 2012 

through 3 p.m. on March 23, 2012. This 

rule will be enforced from: 

(1) 7 a.m. until 11:30 a.m. and 

12:30 p.m. until 4:30 p.m. on March 19 

and 20, 2012; 

(2) 7 a.m. until 11:30 a.m., 12:30 p.m. 

until 4:30 p.m., and 8 p.m. until 10 p.m. 

on March 21 and 22, 2012; and 

(3) 7 a.m. until 11:30 a.m. and 

12:30 p.m. until 3 p.m. on March 23, 

2012. 

Dated: March 7, 2012. 

M.F. White, 

Captain, U.S. Coast Guard, Captain of the 

Port Charleston. 

[FR Doc. 2012–6312 Filed 3–14–12; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2012–0129] 

Security Zone; Portland Rose Festival 

on Willamette River; Portland, OR 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the Portland Rose Festival Security 

Zone in 33 CFR 165.1312 from 11 a.m. 

on June 6, 2012 until 11 a.m. on June 

11, 2012. This action is necessary to 

ensure the security of maritime traffic, 

including the public vessels present on 

the Willamette River during the 

Portland Rose festival. During the 

enforcement period, no person or vessel 

may enter or remain in the security zone 

without permission of the Captain of the 

Port, Columbia River, Oregon. 

DATES: The regulations in 33 CFR 

165.1312 will be enforced from 11 a.m. 

on June 6, 2012 until 11 a.m. on June 

11, 2012. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this notice, call 

or email ENS Ian McPhillips, 

Waterways Management Division, MSU 

Portland, Oregon, Coast Guard; 

telephone 503–240–9319, email 

Ian.P.McPhillips@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the security zone for 

the Portland Rose Festival detailed in 33 

CFR 165.1312 for all vessels operating 

in the Columbia River Captain of the 

Port Zone from 11 a.m. on June 6, 2012 

until 11 a.m. on June 11, 2012. 

Under the provisions of 33 CFR 

165.1312 and 33 CFR part 165, subpart 

D, no person or vessel may enter or 

remain in the security zone without 

permission of the Captain of the Port, 

Columbia River. Persons or vessels 

wishing to enter the security zone may 

request permission to do so from the on 

scene Captain of the Port representative 

via VHF Channel 16 or 13. The Coast 

Guard may be assisted by other Federal, 

State, or local enforcement agencies in 

enforcing this regulation. 

This notice is issued under authority 

of 33 CFR 165.1312 and 5 U.S.C. 552(a). 

In addition to this notice in the Federal 

Register, the Coast Guard will provide 

the maritime community with 

notification of this enforcement period 

via the Local Notice to Mariners. 

Dated: February 24, 2012. 

B.C. Jones, 

Captain, U.S. Coast Guard, Captain of the 

Port, Columbia River. 

[FR Doc. 2012–6313 Filed 3–14–12; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R02–OAR–2011–0686, FRL–9635–5] 

Approval and Promulgation of 

Implementation Plans; New Jersey; 

Motor Vehicle Enhanced Inspection 

and Maintenance Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a proposed 

revision to the State Implementation 

Plan (SIP) submitted by the New Jersey 

Department of Environmental Protection 

for New Jersey’s enhanced inspection 

and maintenance (I/M) program. New 

Jersey has made several amendments to 

its I/M program to improve performance 

of the program and has requested that 

the SIP be revised to include these 


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15264 Federal Register / Vol. 77, No. 51 / Thursday, March 15, 2012 / Rules and Regulations 

changes. Chief among the amendments 

EPA is approving is New Jersey’s 

amendment to its I/M program to 

establish a new exhaust emission test 

for gasoline fueled vehicles and the 

extension of the new vehicle inspection 

exemption from 4 years to 5 years. EPA 

is approving this SIP revision because it 

meets all applicable requirements of the 

Clean Air Act and EPA’s regulations and 

because the revision will not interfere 

with attainment or maintenance of the 

national ambient air quality standards 

in the affected area. The intended effect 

of this action is to maintain consistency 

between the State-adopted rules and the 

federally approved SIP. 

DATES: Effective Date: This rule will be 

effective April 16, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R02–OAR–2011–0686. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Although listed in the index, some 

information is not publicly available, 

e.g., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region 2 Office, Air Programs Branch, 

290 Broadway, 25th Floor, New York, 

New York 10007–1866. This Docket 

Facility is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The Docket 

telephone number is 212–637–4249. 

FOR FURTHER INFORMATION CONTACT: 

Jenna Salomone, Air Programs Branch, 

Environmental Protection Agency, 290 

Broadway, 25th Floor, New York, New 

York 10007–1866, (212) 637–3741, 

salomone.jenna@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. What action is EPA taking? 

II. What was included in New Jersey’s 

proposed SIP submittal? 

III. What comments did EPA receive in 

response to its proposal? 

IV. What are EPA’s conclusions? 

V. Statutory and Executive Order Reviews 

I. What action is EPA taking? 

EPA is approving a revision, 

submitted by New Jersey on December 

15, 2009, and a supplemental revision, 

submitted by New Jersey on October 12, 

2010, to the New Jersey State 

Implementation Plan (SIP) pertaining to 

New Jersey’s motor vehicle enhanced 

inspection and maintenance (I/M) 

program. New Jersey provided EPA with 

documentation on the emission impacts 

that will result from proposed changes 

to New Jersey’s enhanced I/M program 

including a comparison to the EPA I/M 

performance standard. The revisions 

submitted by New Jersey include a new 

exhaust emission test for gasoline fueled 

vehicles; the extension of the new 

vehicle inspection exemption from 

4 years to 5 years; the elimination of 

repair cost waivers; the increase in the 

inspection frequency (to annual) for 

certain classes of commercial vehicles 

such as limousines, taxis and jitneys; 

and the subjecting of light duty diesel 

vehicles to emissions testing. 

II. What was included in New Jersey’s 

proposed SIP submittal? 

On December 15, 2009, New Jersey 

submitted a revision to the State of New 

Jersey’s I/M program SIP. The submittal 

consists of new rules and rule 

amendments to the New Jersey 

Department of Environmental 

Protection’s rules at New Jersey 

Administrative Code (N.J.A.C.) 7:27–15, 

7:27B–5 and the Motor Vehicle 

Commission rules at N.J.A.C. 13:20–7, 

13:20–24, 13:20–26, 13:20–28, 13:20–29, 

13:20–32, 13:20–33, 13:20–43, 13:20–44, 

13:20–45, and N.J.A.C. 13:21–15.8 and 

13:21–15.12. 

The proposed changes to New Jersey’s 

I/M program include the establishment 

of a new exhaust emission test for 

gasoline fueled vehicles. The Two 

Speed Idle (TSI) test will replace both 

the Acceleration Simulation Mode 

(ASM5015) and 2500 Revolutions per 

Minute (RPM) tests. The TSI test is a 

tailpipe test which checks the vehicle’s 

hydrocarbons, carbon monoxide, oxygen 

and carbon dioxide (HC, CO, O2 and 

CO2, respectively) exhaust emissions 

concentration levels at two different 

engine speeds, the regular idle and a fast 

idle around 2500 RPM. The ASM5015 

test measures the concentrations of HC, 

CO and oxides of nitrogen (NOX), in a 

vehicle’s tailpipe emissions when a 

vehicle is running under marginal load 

and at a steady rate or RPM. The 2500 

RPM test is a tailpipe test that checks 

the vehicle’s HC, CO, O2 and CO2

exhaust emissions concentration levels 

at 2500 RPM. 

The proposed changes to New Jersey’s 

I/M program also include: the 

elimination of repair cost waivers, the 

increase in the inspection frequency 

(to annual) for certain classes of 

commercial vehicles such as 

limousines, taxis and jitneys, and the 

subjecting of light duty diesel vehicles 

to emissions testing. New Jersey 

provided documentation on the 

emission impacts that will result from 

proposed changes to New Jersey’s I/M 

program including a comparison to the 

EPA I/M performance standard. 

On October 12, 2010, New Jersey 

submitted a supplemental I/M program 

SIP revision which consisted of 

amendments to chapter 8 of Title 39 of 

the Revised Statutes of the state of New 

Jersey at R.S. 39:8–1, 39:8–2, and 39:8– 

3. The submittal includes an extension 

of the new vehicle inspection 

exemption from 4 years to 5 years and 

an acknowledgement with supporting 

justification that New Jersey’s 

decentralized I/M network (the private 

inspection facilities, or PIFs) is 

currently 96 percent as effective as New 

Jersey’s centralized I/M network (the 

centralized inspection facilities, or 

CIFs). PIFs were previously assumed to 

be 80 percent as effective as CIFs, which 

New Jersey considered to likely be very 

conservative in light of the program and 

technology changes that were 

implemented in the years following the 

80 percent effectiveness assumption. In 

May 2010, New Jersey authorized 

MACTEC Engineering and Consulting, 

Inc. to assess improvements in 

effectiveness of the decentralized 

program and to determine a reasonable 

effectiveness fraction that may be 

supported by data and technical 

reasoning. MACTEC analyzed the 

effectiveness of the decentralized PIF 

network relative to the CIF (centralized) 

network. The relative effectiveness of 

PIFs was based on data collected from 

PIFs and CIFs in 2009. As a result of the 

analysis, MACTEC determined that New 

Jersey should increase the effectiveness 

factor for PIFs and provided the 

following justifications: 

• Fail rates for OBD inspections in 

PIFs were found to be nearly identical 

to those in CIFs; 

• An analysis of triggers for OBD tests 

performed in 2009 showed that over 

99% of inspections in PIFs have no 

indications of fraud; 

• New Jersey has implemented 

several additional OBD triggers in the 

new program, which will further reduce 

the incidence of fraud. 

On July 8, 2010, New Jersey submitted 

to EPA the final report prepared by 

MACTEC, dated June 23, 2010 entitled 

‘‘New Jersey Motor Vehicle Inspection 

Program PIF Effectiveness Study.’’ 

On September 16, 2011 (76 FR 57691), 

EPA proposed to approve New Jersey’s 

revised I/M program. For a detailed 

discussion on the content and 

requirements of the revisions to New 

Jersey’s regulations, the reader is 

referred to EPA’s proposed rulemaking 

action. 


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Federal Register / Vol. 77, No. 51 / Thursday, March 15, 2012 / Rules and Regulations 15265 

III. What comments did EPA receive in 

response to its proposal? 

In response to EPA’s September 16, 

2011 proposed rulemaking action, EPA 

received no comments. 

IV. What are EPA’s conclusions? 

EPA’s review of the materials 

submitted indicates that New Jersey has 

revised its I/M program in accordance 

with the requirements of the Clean Air 

Act, 40 CFR part 51 and all of EPA’s 

technical requirements for an 

approvable Enhanced I/M program. EPA 

is approving the rules and rule 

amendments to the New Jersey 

Department of Environmental 

Protection’s rules at N.J.A.C. 7:27–15, 

7:27B–5 (replaces B–4), effective 

November 16, 2009, the Motor Vehicle 

Commission rules at N.J.A.C. 13:20–7, 

13:20–24, 13:20–26, 13:20–28, 13:20–29, 

13:20–32, 13:20–33, 13:20–43, 13:20–44, 

13:20–45, and N.J.A.C. 13:21–15.8 

(replaces 15.7), 13:21–15.12, all effective 

October 19, 2009 and the amendments 

to chapter 8 of Title 39 of the Revised 

Statutes of the state of New Jersey at 

R.S. 39:8–1, 39:8–2, and 39:8–3, 

effective July 1, 2010, which incorporate 

New Jersey’s motor vehicle inspection 

program requirements. The Clean Air 

Act gives states the discretion in 

program planning to implement 

programs of the state’s choosing as long 

as necessary emission reductions are 

met. 

V. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

approves state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

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 action 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 14, 2012. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Hydrocarbons, Incorporation by 

reference, Intergovernmental relations, 

Oxides of nitrogen, Ozone, Reporting 

and recordkeeping requirements, 

Volatile organic compounds. 

Dated: February 1, 2012. 

Judith A. Enck, 

Regional Administrator, Region 2. 

Part 52, chapter I, title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart FF—New Jersey 

■ 2. Section 52.1570 is amended by 

adding new paragraph (c)(92) to read as 

follows: 

§ 52.1570 Identification of plan. 

* * * * * 

(c) * * * 

(92) Revisions to the New Jersey State 

Implementation Plan (SIP) submitted by 

the New Jersey Department of 

Environmental Protection for New 

Jersey’s enhanced inspection and 

maintenance (I/M) program, dated 

December 15, 2009. 

(i) Incorporation by reference: 

(A) Amendments to Chapter 27, Title 

7 of the New Jersey Administrative 

Code, Subchapter 15, ‘‘Control and 

Prohibition of Air Pollution from 

Gasoline-Fueled Motor Vehicles,’’ 

effective November 16, 2009, and 

Appendix B–5, ‘‘Air Test Method 5: 

Testing Procedures for Gasoline-Fueled 

Motor Vehicles,’’ effective November 16, 

2009. 

(B) Amendments to Chapter 20, Title 

13 of the New Jersey Administrative 

Code, Subchapter 7, ‘‘Vehicle 

Inspection’’ (Sections: 7.1, 7.2, 7.3, 7.4, 

7.5, 7.6); Subchapter 24, ‘‘Motorcycles’’ 

(Section: 24.20); Subchapter 26, 

‘‘Compliance With Diesel Emission 

Standards and Equipment, Periodic 

Inspection Program for Diesel 

Emissions, and Self-Inspection of 

Certain Classes of Motor Vehicles’’ 

(Sections: 26.2 and 26.16); Subchapter 

28, ‘‘Inspection of New Motor Vehicles’’ 


sroberts on DSK5SPTVN1PROD with RULES
15266 Federal Register / Vol. 77, No. 51 / Thursday, March 15, 2012 / Rules and Regulations 

(Sections 28.3, 28.4 and 28.6); 

Subchapter 29, ‘‘Mobile Inspection 

Unit’’ (Sections: 29.1, 29.2, 29.3); 

Subchapter 32, ‘‘Inspection Standards 

and Test Procedures To Be Used By 

Official Inspection Facilities’’; 

Subchapter 33, ‘‘Inspection Standards 

and Test Procedures To Be Used By 

Licensed Private Inspection Facilities’’; 

Subchapter 43, ‘‘Enhanced Motor 

Vehicle Inspection and Maintenance 

Program’’; Subchapter 44, ‘‘Private 

Inspection Facility Licensing’’; and 

Subchapter 45, ‘‘Motor Vehicle 

Emission Repair Facility Registration,’’ 

all effective October 19, 2009. 

(C) Amendments to Chapter 21, Title 

13 of the New Jersey Administrative 

Code, Subchapter 15, ‘‘New Jersey 

Licensed Motor Vehicle Dealers’’ 

(Sections: 15.8 and 15.12), effective 

October 19, 2009. 

(D) Amendments to Chapter 8, Title 

39 of the Revised Statutes of the State 

of New Jersey at R.S. 39:8–1, 39:8–2, 

and 39:8–3, effective July 1, 2010. 

(ii) Additional material: 

(A) December 15, 2009, letter from 

Mark N. Mauriello, Acting 

Commissioner, NJDEP, to Judith A. 

Enck, Regional Administrator, EPA, 

requesting EPA approval of a revision to 

the State of New Jersey’s I/M program 

SIP. 

(B) October 12, 2010, letter from Bob 

Martin, Commissioner, NJDEP, to Judith 

A. Enck, Regional Administrator, EPA, 

requesting EPA approval of the 

supplemental revision to the State of 

New Jersey’s I/M program SIP. 

(C) July 8, 2010, letter from Bob 

Martin, Commissioner, NJDEP, to Judith 

A. Enck, Regional Administrator, EPA, 

requesting EPA approval of the 

supplemental revision to the State of 

New Jersey’s I/M program SIP. 

■ 3. Section 52.1605 is amended by: 

■ a. Revising the entry under Title 7, 

Chapter 27, for Subchapter 15; 

■ b. Removing the entry for Title 7, 

Chapter 27B: Subchapter 4; 

■ c. Adding new entry Title 7, Chapter 

27B, Subchapter 5 in numerical order; 

■ d. Revising the entries under Title 13, 

Chapter 20 for Subchapters 7, 24, 26, 28, 

29, 32, 33, 43, 44, and 45; 

■ e. Removing the entry for Title 13, 

Chapter 21, Subchapter 15, Section 15.7; 

■ f. Adding new entry Title 13, Chapter 

21, Subchapter 15, Sections 15.8 and 

15.12 in numerical order; and 

■ g. Adding new entry Title 39, Chapter 

8, Subchapters 1, 2 and 3 in numerical 

order to read as follows: 

§ 52.1605 EPA-approved New Jersey 

regulations. 

State regulation State effective date EPA approved date Comments 

*******

Title 7, Chapter 27: 

*******

Subchapter 15, ‘‘Control and Prohibition of 

Air Pollution From Gasoline-Fueled Motor 

Vehicles.’’ 

November 16, 2009 ........... March 15, 2012 [Insert Federal Register page citation].

*******

Title 7, Chapter 27B: 

*******

Subchapter 5, ‘‘Air Test Method 5: Testing 

Procedures For Gasoline-Fueled Vehicles.’’ 

November 16, 2009 ........... March 15, 2012 [Insert Federal Register page citation].

*******

Title 13, Chapter 20: 

*******

Subchapter 7, ‘‘Vehicle Inspection.’’ Sections: 7.1. 7.2, 7.3, 7.4, 7.5, 7.6. November 19, 2009 ........... March 15, 2012 [insert FR page citation].

Subchapter 24, ‘‘Motorcycles.’’Section 20 ..... November 19, 2009 ........... March 15, 2012 [insert FR page citation].

Subchapter 26, ‘‘Compliance With Diesel 

Emission Standards and Equipment, Periodic Inspection Program for Diesel Emissions, and Self-Inspection of Certain 

Classes of Motor Vehicles.’’ Section: 26.2, 

26.16.

November 19, 2009 ........... March 15, 2012 [insert FR page citation].

Subchapter 28, ‘‘Inspection of New Motor 

Vehicles.’’ Sections: 28.3, 28.4, 28.6. 

November 19, 2009 ........... March 15, 2012 [insert FR page citation].

Subchapter 29, ‘‘Mobile Inspection 

Unit.’’Sections: 29.1, 29.2, 29.3. 

November 19, 2009 ........... March 15, 2012 [insert FR page citation].

Subchapter 32, ‘‘Inspection Standards and 

Test Procedures To Be Used By Official 

Inspection Facilities.’’ 

November 19, 2009 ........... March 15, 2012 [insert FR page citation].

Subchapter 33, ‘‘Inspection Standards and 

Test Procedures To Be Used By Licensed 

Private Inspection Facilities.’’ 

November 19, 2009 ........... March 15, 2012 [insert FR page citation].

Subchapter 43, ‘‘Enhanced Motor Vehicle Inspection and Maintenance Program.’’ November 19, 2009 ........... March 15, 2012 [insert FR page citation].

Subchapter 44, ‘‘Private Inspection Facility 

Licensing.’’ 

November 19, 2009 ........... March 15, 2012 [insert FR page citation].


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Federal Register / Vol. 77, No. 51 / Thursday, March 15, 2012 / Rules and Regulations 15267 

State regulation State effective date EPA approved date Comments 

Subchapter 45, ‘‘Motor Vehicle Emission Repair Facility Registration.’’ November 19, 2009 ........... March 15, 2012 [insert FR page citation].

Title 13, Chapter 21: 

* * * * * * * 

Subchapter 15, ‘‘New Jersey Licensed Motor 

Vehicle Dealers.’’ Sections 15.8 and 15.12.

November 19, 2009 ........... March 15, 2012 [insert FR page citation].

* * * * * * * 

Title 39, Chapter 8 Subchapters 1, 2 and 3 .. July 1, 2010 ........................ March 15, 2012 [insert FR page citation].

[FR Doc. 2012–6208 Filed 3–14–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 70 

[EPA–R08–OAR–2011–0015; FRL–9646–8] 

Clean Air Act Full Approval of Title V 

Operating Permits Program; Southern 

Ute Indian Tribe 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The EPA is promulgating full 

approval of the Title V Operating 

Permits Program submitted by the 

Southern Ute Indian Tribe (Tribe). The 

Tribe’s Title V Operating Permit 

Program (Title V Program) was 

submitted for the purpose of 

administering a tribal program for 

issuing operating permits to all major 

stationary sources, and certain other 

sources on the Southern Ute Indian 

Reservation (Reservation). 

DATES: This final rule is effective March 

15, 2012, and is applicable beginning 

March 2, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2011–0015. 

All documents in the docket are listed 

in the www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

e.g., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publiclyavailable docket materials are available 

either electronically in www.regulations.

gov or in hard copy at the Air Program, 

Environmental Protection Agency 

(EPA), Region 8, 1595 Wynkoop Street, 

Denver, Colorado 80202–1129. EPA 

requests that if at all possible, you 

contact the individual listed in the FOR

FURTHER INFORMATION CONTACT section to 

view the hard copy of the docket. You 

may view the hard copy of the docket 

Monday through Friday, 8 a.m. to 

4 p.m., excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Alexis North, Air Program, Mailcode 

8ENF–AT, Environmental Protection 

Agency, Region 8, 1595 Wynkoop 

Street, Denver, Colorado 80202–1129, 

(303) 312–7005, or 

north.alexis@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Definitions 

For the purpose of this document, we 

are giving meaning to certain words or 

initials as follows: 

(i) The word Act or initials CAA mean 

or refer to the Clean Air Act, unless the 

context indicates otherwise. 

(ii) The word Commission means the 

joint Southern Ute Indian Tribe/State of 

Colorado Environmental Commission. 

(iii) The words EPA, we, us or our 

mean or refer to the United States 

Environmental Protection Agency. 

(iv) the word Title V Program means 

the Tribe’s Application for Approval of 

the Southern Ute Indian Tribe’s 40 CFR 

Part 70 Operating Permit Program dated 

January 14, 2009, the subsequent 

Supplement to Application for Approval 

of the Southern Ute Indian Tribe’s 40 

CFR Part 70 Operating Permit Program 

dated September 28, 2010 and the 

Application for Full Approval of the 

Southern Ute Indian Tribe’s 40 CFR Part 

70 Operating Permits Program dated 

January 30, 2012. 

(v) The word Tribe means the 

Southern Ute Indian Tribe, unless the 

context indicates otherwise. 

Table of Contents 

I. Background 

II. Response to Comments 

III. Evaluation of the Tribe’s Authorities 

A. Current Tribal Authority 

B. Reasonably Severable Title V Program 

Elements 

C. Criminal Enforcement Memorandum of 

Understanding 

IV. Evaluation of the Tribe’s Title V Program 

Elements 

A. Summary of EPA’s March 9, 2011 

Proposed Interim Approval 

B. Analysis of the Tribe’s Title V Program 

Submission Pursuant to 40 CFR 70.4(b) 

1. Complete Title V Program Description 

2. Regulations Compromising the Title V 

Program 

3. Legal Opinion 

4. Relevant Title V Program Documentation 

5. Compliance Tracking 

6. Application Completeness 

Determination 

7. Fee Demonstration 

8. Statement of Adequate Personnel 

9. Submission Commitment 

10. Failure To Issue Permit in a Timely 

Manner 

11. Transition Plan 

12. Off Permit Changes 

13. Expeditious Permit Revisions and/or 

Modifications Review 

14. Tribe Only Revisions 

15. Permit Changes Subject to Title I and 

IV of the Act 

16. Permit Content and Permit Issuance, 

Renewal, Re-Openings and Revisions 

V. What action is EPA taking today? 

VI. Statutory and Executive Order Reviews 

A. Executive Orders 12866: Regulatory 

Planning and Review, and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

B. Paperwork Reduction Act (PRA) 

C. Regulatory Flexibility Act (RFA) 

D. Unfunded Mandates Reform Act 

(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 

Risks and Safety Risks 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution or Use 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

J. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

K. Congressional Review Act (CRA) 

I. Background 

Under Title V of the Clean Air Act 

(the Act or CAA) as amended (1990), 

EPA has promulgated rules that define 

the minimum elements of a full 


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