68078 Federal Register / Vol. 65, No. 220 / Tuesday, November 14, 2000 / Rules and Regulations

authorities prior to publication of this

rule.

For the reasons discussed above, I

certify that this action (1) is not a

‘‘significant regulatory action’’ under

Executive Order 12866; (2) is not a

‘‘significant rule’’ under the DOT

Regulatory Policies and Procedures (44

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

will not have a significant economic

impact, positive or negative, on a

substantial number of small entities

under the criteria of the Regulatory

Flexibility Act. A final evaluation has

been prepared for this action and is

contained in the Rules Docket. A copy

of it may be obtained by contacting the

Rules Docket at the location provided

under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation

safety, Safety.

Adoption of the Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration proposes to amend part

39 of the Federal Aviation Regulations

(14 CFR part 39) as follows:

PART 39—AIRWORTHINESS

DIRECTIVES

1. The authority citation for part 39

continues to read as follows:

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

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding the following new airworthiness

directive:

2000–23–12 CFE Company: Amendment

39–11982. Docket No. 98–ANE–69–AD.

Applicability: CFE Company Model

CFE738–1–1B turbofan engines, installed on

but not limited to the Dassault Aviation

Falcon 2000 series airplanes.

Note 1: This airworthiness directive (AD)

applies to each engine identified in the

preceding applicability provision, regardless

of whether it has been modified, altered, or

repaired in the area subject to the

requirements of this AD. For engines that

have been modified, altered, or repaired so

that the performance of the requirements of

this AD is affected, the owner/operator must

request approval for an alternative method of

compliance in accordance with paragraph (c)

of this AD. The request should include an

assessment of the effect of the modification,

alteration, or repair on the unsafe condition

addressed by this AD; and, if the unsafe

condition has not been eliminated, the

request should include specific proposed

actions to address it.

Compliance: Required as indicated, unless

accomplished previously.

To prevent failure of certain high pressure

compressor

(HPC) rotor components, which could

result in an uncontained engine failure and

damage to the airplane, accomplish the

following:

(a) Remove from service certain stage 4 and

5 blisks and impeller aft shafts prior to

exceeding the new cyclic life limits as

follows, and replace with serviceable parts:

Nomenclature Part No.

(P/N) Cyclic life limit

Stage 4 and 5 Blisk ...................................................................................................................... 6079T74P08 6,700 cycles since new (CSN).

Impeller Aft Shaft ......................................................................................................................... 6079T80P04 5,100 CSN.

6079T80P05 2,160 CSN.

6079T80P06 7,100 CSN.

6079T80P07 7,100 CSN.

(b) Except for the provisions of paragraph

(c) of this AD, no parts, identified by P/N in

paragraph (a) of this AD, that exceed the new

life limits may be installed.

Alternative Methods of Compliance

(c) An alternative method of compliance or

adjustment of the compliance time that

provides an acceptable level of safety may be

used if approved by the Manager, Engine

Certification Office (ECO). Operators shall

submit their requests through an appropriate

FAA Principal Maintenance Inspector, who

may add comments and then send it to the

Manager, ECO.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this airworthiness directive,

if any, may be obtained from the ECO.

Special Flight Permits

(d) Special flight permits may be issued in

accordance with sections 21.197 and 21.199

of the Federal Aviation Regulations (14 CFR

21.197 and 21.199) to operate the airplane to

a location where the requirements of this AD

can be accomplished.

Effective Date of This AD

(e) This amendment becomes effective on

January 16, 2001.

Issued in Burlington, Massachusetts, on

November 6, 2000.

Donald Plouffe,

Acting Manager, Engine and Propeller

Directorate, Aircraft Certification Service.

[FR Doc. 00–28961 Filed 11–13–00; 8:45 am]

BILLING CODE 4910–13–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[NH–042–7169a; A–1–FRL–6871–2]

Approval and Promulgation of Air

Quality Implementation Plans; New

Hampshire; New Hampshire—Nitrogen

Oxides Budget and Allowance Trading

Program

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving State

Implementation Plan (SIP) revisions

submitted by the State of New

Hampshire. This action consists of

approving regulations in New

Hampshire, as well as a case-specific

order and two emission quantification

protocols for Public Service of New

Hampshire (PSNH). The regulations and

order are part of a regional nitrogen

oxide ( NOX) reduction program

designed to reduce stationary source

NOX emissions during the ozone season

in the Ozone Transport Region (OTR) of

the northeastern United States. Section

184(a) of the Clean Air Act defines the

OTR as the States of Connecticut,

Delaware, Maine, Maryland,

Massachusetts, New Hampshire, New

Jersey, New York, Pennsylvania, Rhode

Island, Vermont, and the Consolidated

metropolitan Statistical Area that

includes the District of Columbia. These

SIP revisions were submitted pursuant

to section 110 of the Clean Air Act

(CAA).

DATES: This direct final rule is effective

on January 16, 2001 without further

notice, unless EPA receives adverse

comment by December 14, 2000. If

adverse comment is received, EPA will

publish a timely withdrawal of the

direct final rule in the Federal Register

and inform the public that the rule will

not take effect.

ADDRESSES: Comments may be mailed to

David Conroy, Manager, Air Quality

Planning Unit, Office of Ecosystem

Federal Register / Vol. 65, No. 220 / Tuesday, November 14, 2000 / Rules and Regulations 68079

Protection (mail code CAQ), U.S.

Environmental Protection Agency,

Region I, One Congress Street, Suite

1100, Boston, MA 02114–2023. Copies

of the documents relevant to this action

are available for public inspection

during normal business hours, by

appointment at the Office Ecosystem

Protection, U.S. Environmental

Protection Agency, Region I, One

Congress Street, 11th floor, Boston, MA,

and at the New Hampshire Air

Resources Division, Department of

Environmental Services, 6 Hazen Drive,

P.O. Box 95, Concord, NH 03301.

FOR FURTHER INFORMATION CONTACT: Dan

Brown, (617) 918–1532 or at

brown.dan@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

A. Clean Air Act Requirements

Sections 182(b)(1)(A) and 182(c)(2)(A)

of the CAA require States with areas

classified as ‘‘moderate,’’ ‘‘serious,’’ and

‘‘severe’’ ozone nonattainment to submit

revisions to their applicable SIPs to

provide for specific annual reductions

in emissions of volatile organic

compounds (VOCs) and oxides of

nitrogen as necessary to attain the

national primary ambient air quality

standard for ozone. Additionally,

section 110 of the Act requires that such

plans be subject to public notice,

comment, and hearing procedures and

that the States adopt and submit the

plans to EPA.

As part of New Hampshire’s efforts to

meet the CAA requirements, on July 27,

1998, the New Hampshire Department

of Environmental Services (NH DES)

submitted a request to revise its SIP by

adding CHAPTER Env-A 3200 ‘‘ NOX

BUDGET TRADING PROGRAM’’ and

Final RACT Order ARD–98–001. The

regulations and order impose statewide

and source-specific caps on NOX

emissions from certain industrial

equipment (e.g., electric utility boilers,

industrial boilers, combustion turbines,

etc.). New Hampshire’s CHAPTER EnvA 3200 is based closely on a model rule

which was developed using the EPA’s

economic incentive program (EIP)

guidance (67 FR 16690, April 7, 1994)

as the regulatory framework.

B. The OTC MOU Program

The model rule used by New

Hampshire was developed by the

Northeast States for Coordinated Air

Use Management (NESCAUM) and the

Mid-Atlantic Regional Air Management

Association (MARAMA) entitled,

‘‘NESCAUM/MARAMA NOX Budget

Model Rule.’’ The NESCAUM/

MARAMA model rule was issued on

May 1, 1996. The basis for the model

rule was a memorandum of

understanding entitled, ‘‘Memorandum

of Understanding Among the States of

the Ozone Transport Commission on

Development of a Regional Strategy

Concerning the Control of Stationary

Source Nitrogen Oxide Emissions,’’

dated September 27, 1994, otherwise

known as the ‘‘OTC MOU.’’

The OTC MOU committed the MOU

signatory States to require certain major

stationary sources to reduce their NOX

emissions through several regulatory

stages. The NOX RACT regulations

required by section 182 of the Clean Air

Act have reduced emissions at major

stationary sources of NOX since 1995.

Those reductions are considered ‘‘phase

I’’ of the OTC program. Under ‘‘phase

II’’ of the program, the MOU committed

the signatory states to imposing a cap on

regional NOX emissions during the five

month periods between May 1 through

September 30 of 1999, 2000, 2001, and

2002. The third stage of the OTC

program, i.e., ‘‘phase III,’’ will tighten

the regional cap and is set to begin on

May 1, 2003 and continue in each ozone

season thereafter.

II. Chapter Env-A 3200 ‘‘ NOX BUDGET

TRADING PROGRAM’’

New Hampshire’s Chapter Env-A

3200 contains both phase II and phase

III NOX budget program reduction

requirements. New Hampshire’s NOX

budget regulations set a statewide, five

month (May through October) NOX

‘‘budget,’’ or mass emission limit in

tons, to reduce the aggregate emissions

from large fossil fuel fired combustion

equipment by as much as 75% from a

1990 baseline. In order to achieve the

aggregate NOX reductions, the

regulations proportion NOX

‘‘allowances’’ (in tons) to the facilities

with emission units subject to the

program. The regulations require each

owner or operator of each unit to hold,

by December 31 of each year, at least as

many NOX allowances in their

compliance account as total tons of NOX

emitted during the previous five month

ozone season.

Under the NOX Budget regulations,

NOX allowances may be bought or sold

and unused allowances may be banked

from one year to another in a central

registry administered by EPA. The

program requires NOX emissions to be

monitored by either a continuous

emission monitoring system (CEMS) or

equivalent, although the use of

alternatives is allowed where approved

by the State and EPA. The program

began on May 1, 1999. Starting in 2002

and occurring every three years after,

New Hampshire and the OTC will

conduct an audit of the program to

ensure that the expected reductions are

occurring.

III. RACT Order 98–001 & Emission

Quantification Protocols for Public

Service of New Hampshire

In addition to Chapter Env-A 3200, on

July 27, 1998, New Hampshire also

submitted Final RACT Order 98–001

which was issued to PSNH under Part

Env-A 1211. First, the order requires

PSNH’s unit #2 at its Merrimack Station

(MK2) to meet an emission limitation of

15.4 tons of NOX per 24 hour calendar

day by May 31, 1999. This limit can be

met directly at MK2 or through the use

of approved emission credits generated

in the ozone season at other facilities.

Second, the order requires PSNH to

meet an emissions cap of 4,662 tons

during the period between May 1 and

October 1 for the combined NOX

emissions from the following units:

units #1 and #2 at Merrimack Station,

unit #1 at Newington Station, and units

#4, #5, and #6 at Schiller Station, during

the years 1999, 2000, 2001, and 2002.

Beginning on May 1, 2003, the order

requires those units, to comply with an

ozone season cap of 3,627 tons, minus

any tons allocated to new sources

subject to the program. Additionally, the

order requires the PSNH units to meet

a NOX cap of 8,208 tons between

October 1 and April 30 of each year,

beginning in 1999.

Order ARD 98–001 also contains

provisions that allow PSNH to generate

discrete emission reductions (DERs)

according to the requirements of

Chapter Env-A 3100, New Hampshire’s

discrete emission reduction trading

regulation, by reducing emissions below

the NOX limitations contained in Env-A

1211, Order ARD 97–001, and all other

applicable emission limits. However,

because Env-A 3100 has not yet been

approved into the New Hampshire SIP,

New Hampshire submitted the emission

reduction protocols as case-specific SIP

revisions. The SIP submittal included

two credit generation protocols, as well

as the credits created by the protocols

that were generated by PSNH from May

1, 1995 through September 30, 1997.

IV. EPA Evaluation

Based on the EIP, EPA finds the NOX

cap and trade regulations, case-specific

NOX RACT order, and quantification

protocols fully approvable. See

‘‘Technical Support Document for the

Approval of New Hampshire’s

CHAPTER Env-A 3200 NOX BUDGET

TRADING PROGRAM and Final RACT

Order 98–001,’’ dated January 7, 1999,

for EPA’s detailed evaluation. The

technical support document is available,

68080 Federal Register / Vol. 65, No. 220 / Tuesday, November 14, 2000 / Rules and Regulations

upon request, from the EPA Regional

Office listed in the ADDRESSES section of

this document.

V. Issues

One issue related to New Hampshire’s

NOX Budget Trading Program involves

the overlap of New Hampshire’s NOX

Budget Trading Program and the EPA’s

NOX SIP Call summarized below.

A. NOX SIP Call

From 2003 onward, the geographic

size of the market for allowances issued

by New Hampshire will be directly

affected by the promulgation of EPA’s

rule entitled, ‘‘Finding of Significant

Contribution and Rulemaking for

Certain States in the Ozone Transport

Assessment Group Region for Purposes

of Reducing Regional Transport of

Ozone,’’ otherwise known as the ‘‘ NOX

SIP call.’’ See 63 FR 57356, October 27,

1998, aff’d in part, State of Michigan v.

U.S. EPA, No. 98–1497 (D.C. Cir., March

3, 2000).

The NOX SIP call requires specified

States to submit SIP revisions to

prohibit specified amounts of NOX

emissions, in order to reduce emissions

in each of those States to a level within

the statewide NOX emissions budget

established in the NOX SIP call final

rule. The NOX SIP call gives States the

flexibility to choose any mix of

pollution-reduction measures that will

achieve the required reductions. The

NOX SIP call, however, suggests that

imposing statewide NOX emissions caps

on large fossil-fuel fired industrial

boilers and electricity generators would

provide a cost effective means for States

to meet their NOX budgets. In fact, the

NOX SIP call State budgets were set at

levels which reflect the NOX reduction

possible assuming a 0.15 lbs/mmBtubased cap being applied to the large

industrial boilers and electricity

generators.

One option to comply with the NOX

SIP call is the adoption of a State rule

based on the EPA’s model NOX Budget

Trading Program (40 CFR part 96),

which was finalized in the October 1998

NOX SIP call rule. Part 96 sets forth a

cap-and-trade program for NOX

emissions that employs a cap on total

NOX emissions for the ozone season.

This mechanism ensures that emissions

reductions are achieved and

maintained, while providing the costeffectiveness of a market-based system.

The NOX SIP call requires the covered

states to adopt regulations which

implement control strategies starting in

2003 in order to achieve the specific

statewide budgets by 2007.

Although EPA’s notice of proposed

rulemaking (NPR) for the NOX SIP call

(November 7, 1997) examined the

effects of transport from the 36 States

and the District of Columbia which

made up the ozone transport assessment

group (OTAG) region, EPA has not yet

finalized the NOX SIP call for all 37

entities specified in the October 1998

final rulemaking notice. EPA is

continuing to evaluate air quality

modeling for 15 States which were part

of the OTAG region, including New

Hampshire, in order to make a final

determination of whether they

significantly contribute to the transport

of ozone. Whether New Hampshire

ultimately will be part of the NOX SIP

call is uncertain at this time.

B. Overlap of OTC and NOX SIP call

Allowance Trading Programs

Based on the SIP submittals by

Connecticut, Massachusetts, New Jersey,

and Rhode Island, EPA anticipates that

the OTR States which are part of the

OTC NOX budget and allowance trading

program and, which are subject to the

NOX SIP call, will participate in a

regional cap and trade program to meet

the NOX SIP call requirements.

Therefore, the issue associated with the

approval of the New Hampshire

program relates to the fact that although

New Hampshire is an OTC state, it is

not a NOX SIP call state.

EPA is currently administering the

emissions tracking and allowance

tracking systems for the OTC NOX

budget program. EPA will also be

administering the NOX SIP call

emissions and allowance tracking

systems. This means that for States

subject to both the OTC and NOX SIP

call programs, 1999 through 2002 NOX

allowances will be tracked in the OTC

allowance tracking system, and then

eligible 2003 and beyond allowances

will be tracked in the NOX SIP call

allowance tracking system.

The New Hampshire regulations are

not considered a NOX SIP call

submission nor is today’s SIP action an

approval of trading these allowances for

NOX SIP call purposes. Therefore,

because the OTC phase III NOX cap in

New Hampshire is not as stringent as a

NOX SIP call cap would be, New

Hampshire OTC phase III allowances

will not be transferable to accounts in

the NOX SIP call tracking system. As of

May 1, 2003, New Hampshire’s NOX

allowances will not be available for

compliance purposes in NOX SIP call

affected States. However, because the

NOX SIP call program requirements

would be more stringent than the OTC

program requirements, NOX SIP call

program allowances will be available for

sources to meet the New Hampshire

OTC phase III emission limits.

Final Action: EPA is approving New

Hampshire’s CHAPTER Env-A 3200 ‘‘

NOX BUDGET TRADING PROGRAM,’’

Order ARD 98–001, and two emission

quantification protocols.

The EPA is publishing this action

without prior proposal because the

Agency views this as a noncontroversial

amendment and anticipates no adverse

comments. However, in the proposed

rules section of this Federal Register

publication, EPA is publishing a

separate document that will serve as the

proposal to approve the SIP revision

should relevant adverse comments be

filed. This rule will be effective January

16, 2001 without further notice unless

the Agency receives relevant adverse

comments by December 14, 2000.

If the EPA receives such comments,

then EPA will publish a notice

withdrawing the final rule and

informing the public that the rule will

not take effect. All public comments

received will then be addressed in a

subsequent final rule based on the

proposed rule. The EPA will not

institute a second comment period on

the proposed rule. Only parties

interested in commenting on this action

should do so at this time.

VI. Administrative Requirements

Under Executive Order 12866 (58 FR

51735, October 4, 1993), this action is

not a ‘‘significant regulatory action’’ and

therefore is not subject to review by the

Office of Management and Budget. This

action merely approves state law as

meeting federal requirements and

imposes no additional requirements

beyond those imposed by state law.

Accordingly, the Administrator certifies

that this rule will not have a significant

economic impact on a substantial

number of small entities under the

Regulatory Flexibility Act (5 U.S.C. 601

et seq.). Because this rule approves preexisting requirements under state law

and does not impose any additional

enforceable duty beyond that required

by state law, it does not contain any

unfunded mandate or significantly or

uniquely affect small governments, as

described in the Unfunded Mandates

Reform Act of 1995 (Public Law 104–4).

For the same reason, this rule also does

not significantly or uniquely affect the

communities of tribal governments, as

specified by Executive Order 13084 (63

FR 27655, May 10, 1998). This rule 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 (64 FR 43255,

August 10, 1999), because it merely

Federal Register / Vol. 65, No. 220 / Tuesday, November 14, 2000 / Rules and Regulations 68081

approves a state rule implementing a

federal standard, and does not alter the

relationship or the distribution of power

and responsibilities established in the

Clean Air Act. This rule also is not

subject to Executive Order 13045 (62 FR

19885, April 23, 1997), because it is not

economically significant.

In reviewing SIP submissions, EPA’s

role is to approve state choices,

provided that they meet the criteria of

the Clean Air Act. In this context, in the

absence of a prior existing requirement

for the State to use voluntary consensus

standards (VCS), EPA has no authority

to disapprove a SIP submission for

failure to use VCS. It would thus be

inconsistent with applicable law for

EPA, when it reviews a SIP submission,

to use VCS in place of a SIP submission

that otherwise satisfies the provisions of

the Clean Air Act. Thus, the

requirements of section 12(d) of the

National Technology Transfer and

Advancement Act of 1995 (15 U.S.C.

272 note) do not apply. As required by

section 3 of Executive Order 12988 (61

FR 4729, February 7, 1996), in issuing

this rule, EPA has taken the necessary

steps to eliminate drafting errors and

ambiguity, minimize potential litigation,

and provide a clear legal standard for

affected conduct. EPA has complied

with Executive Order 12630 (53 FR

8859, March 15, 1988) by examining the

takings implications of the rule in

accordance with the ‘‘Attorney

General’s Supplemental Guidelines for

the Evaluation of Risk and Avoidance of

Unanticipated Takings’ issued under the

executive order. This rule does not

impose an information collection

burden under the provisions of the

Paperwork Reduction Act of 1995 (44

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

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).

Under section 307(b)(1) of the Clean

Air Act, petitions for judicial review of

this action must be filed in the United

States Court of Appeals for the

appropriate circuit by January 16, 2001.

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 proceedings to

enforce its requirements. (See section

307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Incorporation by

reference, Intergovernmental relations,

Nitrogen dioxide, Ozone, Particulate

matter, Reporting and recordkeeping

requirements.

Dated: September 6, 2000.

Mindy S. Lubber,

Regional Administrator, EPA-New England.

Part 52 of 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 EE—New Hampshire

2. Section 52.1520 is amended by

adding paragraphs (c)(57) and (c)(64) to

read as follows:

§ 52.1520 Identification of plan.

* * * * *

(c) * * *

(57) Revision to the State

Implementation Plan submitted by the

New Hampshire Air Resources Division

on July 27, 1998.

(i) Incorporation by reference.

(A) Regulation Chapter Env-A 3200

NOX Budget Trading Program adopted

and effective on July 17, 1998.

(ii) Additional materials.

(A) Letter from the New Hampshire

Air Resources Division dated July 27,

1998 submitting Chapter Env-A 3200

NOX Budget Trading Program as a

revision to the New Hampshire State

Implementation Plan.

* * * * *

(64) Revisions to the State

Implementation Plan submitted by the

New Hampshire Air Resources Division

on July 27, 1998.

(i) Incorporation by reference.

(A) Order ARD 98–001 issued by the

New Hampshire Department of

Environmental Services to Public

Service Company of New Hampshire on

July 17, 1998, with attachments:

Discrete emission reduction protocol for

Public Service of New Hampshire’s

Schiller Station, Units 4, 5 and 6,

submitted to the New Hampshire

Department of Environmental Services

on April 10, 1998; and Discrete

emission reduction protocol for Public

Service of New Hampshire’s Newington

Station, Unit 1, submitted to the New

Hampshire Department of

Environmental Services on April 10,

1998.

(ii) Additional materials.

(A) Letter from the New Hampshire

Air Resources Division dated July 17,

1998 submitting Final RACT Order 98–

001 as a revision to the New Hampshire

State Implementation Plan.

* * * * *

3. In § 52.1525, Table 52.1525 is

amended by revising the column

heading ‘‘Comments’’ to read

‘‘Explanation’’; adding a new state

citation for ‘‘Part Env-A 3200’’ in

numerical order to the entries for ‘‘Part

Env-A’’; and by adding Source specific

‘‘Order ARD 98–001’’ in numerical

order to the entries for ‘‘Order ARD’’ as

follows:

§ 52.1525 EPA-approved New Hampshire

state regulations.

* * * * *

68082 Federal Register / Vol. 65, No. 220 / Tuesday, November 14, 2000 / Rules and Regulations

TABLE 52.1525.—EPA—APPROVED RULES AND REGULATIONS 1—NEW HAMPSHIRE

Title/subject State citation

chapter 2

Date submitted by

State

Date approved

by EPA

Federal Register

citation 52.1520 Explanation

*******

NOX Budget Trading

Program.

Part Env-A 3200 ....... 7/27/98 11/14/00 65 FR 68082 ............. (c)(57) Approval of OTC

NOX budget and allowance trading

program.

*******

Source specific order Order ARD 98–001 ... 7/17/98 11/14/00 65 FR 68082 ............. (c)(64) Source-specific NOX

RACT order and

discrete emission

reduction protocols

for Public Service

of New Hampshire.

*******

NOX Budget Trading

Program.

Part Env-A 3200 ....... 7/27/98 11/14/00 65 FR 68082 ............. (c)(57) Approval of OTC

NOX budget and allowance trading

program.

*******

1These regulations are applicable statewide unless otherwise noted in the Explanation section.

2When the New Hampshire Department of Environmental Services was established in 1987, the citation chapter title for the air regulations

changed from CH Air to Env-A.

[FR Doc. 00–28707 Filed 11–13–00; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 73 and 76

[CS Docket No. 00–2; FCC 00–388]

Implementation of the Satellite Home

Viewer Improvement Act of 1999:

Application of Network

Nonduplication, Syndicated

Exclusivity, and Sports Blackout Rules

to Satellite Retransmissions of

Broadcast Signals

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This document adopts

regulations to implement certain aspects

of the Satellite Home Viewer

Improvement Act of 1999, which was

enacted on November 29, 1999. Among

other things, the act authorizes satellite

carriers to add more local and national

broadcast programming to their

offerings and seeks to place satellite

carriers on an equal footing with cable

operators with respect to availability of

broadcast programming. This document

adopts regulations that apply current

cable rules for network non-duplication,

syndicated program exclusivity and

sports blackout to satellite carriers.

DATES: Effective November 29, 2000.

ADDRESSES: Federal Communications

Commission, 445 12th Street, SW,

Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT:

Eloise Gore at (202) 418–7200 or via

internet at egore@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Report

and Order (‘‘Order’’), FCC 00–388,

adopted October 27, 2000; released

November 2, 2000. The full text of the

Commission’s Order is available for

inspection and copying during normal

business hours in the FCC Reference

Center (Room CY–A257) at its

headquarters, 445 12th Street, SW,

Washington, DC 20554, or may be

purchased from the Commission’s copy

contractor, International Transcription

Service, Inc., (202) 857–3800, 1231 20th

Street, NW, Washington, DC 20036, or

may be reviewed via internet at http://

www.fcc.gov/csb/ For copies in

alternative formats, such as braille,

audio cassette or large print, please

contact Sheila Ray at ITS.

Paperwork Reduction Act

This Report and Order contains new

or modified information collection(s)

subject to the Paperwork Reduction Act

of 1995 (PRA), Public Law 104–13. The

Commission is requesting Office of

Management and Budget (‘‘OMB’’)

approval, under the emergency

processing provisions of the 1995 Act (5

CFR 1320.13), of the information

collection requirements contained in

this Report and Order.

Synopsis of the Order

Introduction

1. In this Report and Order (‘‘Order’’),

we adopt network non-duplication,

syndicated exclusivity, and sports

blackout rules for satellite carriers.

These rules implement provisions of the

Satellite Home Viewer Improvement Act

of 1999 (‘‘SHVIA,’’ Public Law 106–113,

113 Stat. 1501, 1501A–526 to 1501A–

545 (Nov. 29, 1999)), which provides

statutory copyright licenses for satellite

carriers to provide additional local and

national broadcast programming to

subscribers. In enacting the SHVIA,

Congress sought to create parity

between satellite carriers and cable

operators with regard to the

retransmission of broadcast

programming and to expand the

availability of such programming to

consumers. Prior to enactment of the

SHVIA, the copyright laws made it

virtually impossible for satellite

subscribers to receive television

broadcast programming by satellite. In

adopting these rules, the Commission

implements the statutory requirements

and seeks to facilitate competition in the

multichannel video programming

distribution marketplace.

2. Section 1008 of the SHVIA creates

a new section 339 of the

Communications Act of 1934, as

amended (‘‘Communications Act’’)

entitled ‘‘Carriage of Distant Television

Stations by Satellite Carriers.’’ Section

339(b) directs the Commission to apply