Federal Register / Vol. 77, No. 211 / Wednesday, October 31, 2012 / Rules and Regulations 65821 

fireworks events. During the 

enforcement period, no person or vessel 

may enter the safety zones without 

permission of the Captain of the Port, 

Sector Lake Michigan. 

DATES: The regulations in 33 CFR 

165.931 will be enforced on November 

24, 2012 from 5:00 p.m. through 7:00 

p.m.; on December 31, 2012 from 7:00 

p.m. through 7:20 p.m.; and on 

December 31, 2012 from 11:45 p.m. 

through 12:30 a.m. on January 1, 2013. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this notice, call 

or email MST1 Joseph McCollum, 

Prevention Department, Coast Guard 

Sector Lake Michigan, Milwaukee, WI at 

414–747–7148, email 

Joseph.P.McCollum@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the Safety Zone; 

Chicago Harbor, Navy Pier Southeast, 

Chicago, IL listed in 33 CFR 165.931 for 

the following events: 

(1) Navy Pier Fireworks; on November 

24, 2012 from 5:00 p.m. through 

7:00 p.m.; on December 31, 2012 from 

7:00 p.m. through 7:20 p.m.; and on 

December 31, 2012 from 11:45 p.m. 

through 12:30 a.m. on January 1, 2013. 

All vessels must obtain permission 

from the Captain of the Port, Sector Lake 

Michigan, or his or her on-scene 

representative to enter, move within or 

exit the safety zone. Vessels and persons 

granted permission to enter the safety 

zone shall obey all lawful orders or 

directions of the Captain of the Port, 

Sector Lake Michigan, or his or her onscene representative. While within a 

safety zone, all vessels shall operate at 

the minimum speed necessary to 

maintain a safe course. 

This notice is issued under authority 

of 33 CFR 165.931 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 advance 

notification of these enforcement 

periods via broadcast Notice to Mariners 

or Local Notice to Mariners. The 

Captain of the Port, Sector Lake 

Michigan, will issue a Broadcast Notice 

to Mariners notifying the public when 

enforcement of the safety zone 

established by this section is suspended. 

If the Captain of the Port, Sector Lake 

Michigan, determines that the safety 

zone need not be enforced for the full 

duration stated in this notice, he or she 

may use a Broadcast Notice to Mariners 

to grant general permission to enter the 

safety zone. The Captain of the Port, 

Sector Lake Michigan, or his or her onscene representative may be contacted 

via VHF Channel 16. 

Dated: October 18, 2012. 

M.W. Sibley, 

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

Port, Lake Michigan. 

[FR Doc. 2012–26817 Filed 10–30–12; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2011–0695; FRL–9747–2] 

Approval and Promulgation of 

Implementation Plans; New Mexico; 

Albuquerque/Bernalillo County: Motor 

Vehicle Inspection 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing approval of 

revisions from the Governor of New 

Mexico to the State Implementation 

Plan for Air Quality for the City of 

Albuquerque/Bernalillo County area 

pursuant to the Clean Air Act. The 

revision includes addition of emissions 

inspections for 1998 and newer diesel 

vehicles less than 10,001 pounds and all 

gasoline/electric hybrid vehicles; 

changes test frequency for some model 

year vehicles; allows motorists that are 

financially incapable of paying for 

certain repairs to apply for a time 

extension; makes minor test procedure 

changes; codifies certain regulatory 

language from the VPMD Procedures 

Manual; reorganizes 20.11.100 NMAC; 

and makes numerous non-substantive 

changes to clarify and improve 

readability of these rules. This action is 

being taken under the Clean Air Act (the 

Act). 

DATES: This rule is effective on 

December 5, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R06–OAR– 

2011–0695. All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., Confidential 

Business Information or other 

information the disclosure of which is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the Air Planning Section (6PD–L), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 700, Dallas, Texas 

75202–2733. EPA requests that if at all 

possible, you contact the person listed 

in the FOR FURTHER INFORMATION

CONTACT paragraph below to make an 

appointment. The Region Office’s 

official hours of business are 8:30 a.m. 

to 4:30 p.m. weekdays except for 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions concerning today’s 

final action, please contact Ms. Sandra 

Rennie (6PD–L), Air Planning Section, 

Environmental Protection Agency, 

Region 6, 1445 Ross Avenue (6PD–L), 

Suite 1200, Dallas, Texas 75202–2733, 

telephone (214) 665–7367; fax number 

(214) 665–6762; email address 

rennie.sandra@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document the 

following terms have the meanings 

described below: 

‘‘We’’, ‘‘us’’ and ‘‘our’’ refer to EPA. 

Table of Contents 

I. What is the background for this rule? 

II. What comments did we receive on the 

proposed rule? 

III. What action is EPA taking? 

IV. Statutory and Executive Order Reviews 

I. What is the background for this rule? 

The State of New Mexico on behalf of 

the City of Albuquerque submitted 

revisions to the motor vehicle 

inspection and maintenance (I/M) 

program in Bernalillo County and the 

City of Albuquerque on July 28, 2011. 

We proposed approval of these revisions 

on August 1, 2012 (77 FR 45530). For 

EPA’s full analysis of these revisions, 

the reader is referred to that proposal 

and the Technical Support Document 

for this rulemaking, which is available 

on line at http://www.regulations.gov, 

Docket number EPA–R06–OAR–2011– 

0695. Among the revisions to the I/M 

rules at 20.11.100 NMAC are: expanding 

the vehicle I/M program to cover model 

year 1998 and newer diesel motor 

vehicles greater than 1,000 and less than 

10,001 pounds; including all hybrid 

vehicle gasoline engines; changing the 

test frequency for some model year 

vehicles; revising an exemption for 

certain low income vehicle owners from 

the $300 repair or repair estimate 

threshold; and revising some test 

procedures. Regulatory language from 

the VPMD (Vehicle Pollution 

Management Division) Procedures 

Manual is now codified in the I/M rules. 

Numerous non-substantive ministerial 

revisions were also proposed for 

approval because they add clarity and 

improve readability of the rules. 

Although not required by Federal 

rule, model year 1998 and newer 

compression ignition powered (diesel) 

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65822 Federal Register / Vol. 77, No. 211 / Wednesday, October 31, 2012 / Rules and Regulations 

motor vehicles of a certain size are now 

included in the vehicle I/M program. 

Diesel vehicles that are greater than 

1,000 pounds gross vehicle weight 

(GVW) but less than 10,001 pounds 

GVW are covered by On-Board 

Diagnostics second generation (OBDII) 

testing. Testing for this fuel type will 

start on January 1, 2013, as adopted in 

the rule. Gasoline/electric hybrids are 

no longer exempt from testing. 

Technology improvements have made 

testing the small gasoline engines found 

in hybrids now possible. 

A clarification is made about the 

newest model years that are exempt 

from testing. The term ‘‘two registration 

periods’’ is clarified to mean four (4) 

years. Model year 1975–1985 vehicles 

are now required to get tested on a 

biennial schedule. Previously, these 

vehicles were on an annual testing 

schedule. Other provisions in the rule 

require vehicles in this age group to 

have annual inspections if their HC 

(hydrocarbon) or CO (carbon monoxide) 

emissions are more than 75% of the 

standard for those pollutants. Motor 

vehicles 35 years old or older are now 

exempt from testing. 

Minor changes to test procedures 

include requiring a visual inspection for 

a catalytic converter on all OBDIIequipped vehicles. The program is also 

limiting the gas cap pressure check to 

1975–2005 vehicles. 

The requirement for spending at least 

$300 for repairs to apply for a time 

extension has been revised to require a 

repair estimate of $300 or more from a 

licensed repair facility and proof that 

the individual is financially incapable 

of paying for the needed repairs. 

Prior to the rule revision before us, 

many program procedures were 

contained in the VPMD Procedures 

Manual. The Program determined that 

this manual was out of date but some of 

the regulatory language needed to be 

retained. Portions of the manual were 

codified in the rules verbatim. Nonregulatory procedure information is now 

contained in technical guidance that is 

not part of the SIP. 

As a result of the codification process, 

some additional terms were added to 

the definitions section. These include 

Audit, Clean piping, Clean scanning, 

Covert audit, Covert surveillance, 

Emissions analyzer, Emissions 

inspection system or EIS, Fleet, Gas cap 

test, Overt audit, Pretesting, and Vehicle 

information database or VID. Definitions 

adopted for these terms are those that 

are commonly used in the industry or 

similar to terms defined in the federal 

regulations. 

In the process of codifying language 

from the Procedures Manual, the I/M 

rules were reorganized with some 

sections being moved from one 

numbered section to another. Useless 

and/or anachronistic references were 

removed or revised to be more 

meaningful. 

II. What comments did we receive on 

the proposed rule? 

We received no comments on the 

proposed rule during the 30 day 

comment period that ended on August 

31, 2012. 

III. What action is EPA taking? 

EPA is finalizing approval of revisions 

to the New Mexico SIP for the City of 

Albuquerque/Bernalillo County 

submitted on July 28, 2011. These 

include revisions to the fuel type subject 

to testing, the model years subject to 

testing, certain test procedures, an 

opportunity for a time extension for 

motorists that are financially incapable 

of paying for repairs of $300 or more, 

codification of procedures from the 

Procedures Manual, addition of 

definitions, and other non-substantive 

revisions. We believe these revisions 

enhance the SIP and improve the 

effectiveness of the I/M program. This 

action is being taken under section 110 

of the Act. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, 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 December 20, 

2010. 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 

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Federal Register / Vol. 77, No. 211 / Wednesday, October 31, 2012 / Rules and Regulations 65823 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: October 17, 2012. 

Ron Curry, 

Regional Administrator, Region 6. 

Therefore, 40 CFR chapter I is 

amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart GG—New Mexico 

■ 2. Amend the second table in 

§ 52.1620(c) entitled ‘‘EPA Approved 

Albuquerque/Bernalillo County, NM 

Regulations’’ by revising the entry for 

‘‘Part 100 (20.11.100 NMAC), Motor 

Vehicle Inspection—Decentralized,’’ to 

read as follows: 

§ 52.1620 Identification of plan. 

* * * * * 

(c) * * * 

* * * * * 

EPA-APPROVED ALBUQUERQUE/BERNALILLO COUNTY, NM REGULATIONS

State citation Title/subject State approval/ 

effective date EPA approval date Explanation 

New Mexico Administrative Code (NMAC) Title 20—Environment Protection, Chapter 11—Albuquerque/Bernalillo County Air Quality 

Control Board 

*******

Part 100 (20.11.100 NMAC) ........ Motor Vehicle Inspection—Decentralized.5/11/2011 11/5/12, [Insert FR page number 

where document begins].

* * * * * * * 

[FR Doc. 2012–26677 Filed 10–30–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 87 

[EPA–HQ–OAR–2010–0687; FRL–9678–1] 

RIN 2060–AO70 

Control of Air Pollution From Aircraft 

and Aircraft Engines; Emission 

Standards and Test Procedures 

Correction 

In rule document 2012–13828 

appearing on pages 36341–36386 in the 

issue of Monday, June 18, 2012, make 

the following corrections: 

§ 87.23 [Corrected] 

1. On page 36382, in § 87.23, the table 

titled ‘‘Table 3 to § 87.23—Tier 6 NOX

Standards for New Subsonic Turbofan 

or Turbojet Engines with Rated Output 

Above 26.7 kN’’ should read as set forth 

below: 

TABLE 3 TO § 87.23—TIER 6 NOX STANDARDS FOR NEW SUBSONIC TURBOFAN OR TURBOJET ENGINES WITH RATED

OUTPUT ABOVE 26.7 KN 

If the rated pressure ratio is— and the rated output (in kN) is— The NOX emission standard (in g/kN rated output) is— 

rPR ≤ 30 ............................................................ 26.7 < rO ≤ 89 ................................... 38.5486 + 1.6823·rPR – 0.2453·rO ¥ 0.00308·rPR·rO 

rO > 89 .............................................. 16.72 + 1.4080·rPR 

30 < rPR < 82.6 ................................................ 26.7 < rO ≤ 89 ................................... 46.1600 + 1.4286·rPR ¥ 0.5303·rO + 0.00642·rPR·rO 

rO > 89 .............................................. ¥1.04 + 2.0·rPR 

rPR ≥ 82.6 ......................................................... all ....................................................... 32 + 1.6·rPR 

2. On page 36383, in § 87.23, the table 

titled ‘‘Table 4 to § 87.23—Tier 8 NOX

Standards for New Subsonic Turbofan 

or Turbojet Engines with Rated Output 

Above 26.7 kN’’ should read as set forth 

below: 

TABLE 4 TO § 87.23—TIER 8 NOX STANDARDS FOR NEW SUBSONIC TURBOFAN OR TURBOJET ENGINES WITH RATED

OUTPUT ABOVE 26.7 KN 

If the rated pressure ratio is— and the rated output (in kN) is— The NOX emission standard (in g/kN rated output) is— 

rPR ≤ 30 ............................................................ 26.7 < rO ≤ 89 ................................... 40.052 + 1.5681·rPR ¥ 0.3615·rO – 0.0018·rPR·rO 

rO > 89 .............................................. 7.88 + 1.4080·rPR 

30 < rPR < 104.7 .............................................. 26.7 < rO ≤ 89 ................................... 41.9435 + 1.505·rPR ¥ 0.5823·rO + 0.005562·rPR·rO 

rO > 89 .............................................. ¥9.88 + 2.0·rPR 

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