Federal Register / Vol. 67, No. 13 / Friday, January 18, 2002 / Rules and Regulations 2573

impose a substantial direct cost of

compliance on them. We have analyzed

this rule under that Order and have

determined that it does not have

implications for federalism.

Unfunded Mandates Reform Act

The Unfunded Mandates Reform Act

of 1995 (2 U.S.C. 1531–1538) requires

Federal agencies to assess the effects of

their discretionary regulatory actions. In

particular, the Act addresses actions

that may result in the expenditure by a

State, local, or tribal government, in the

aggregate, or by the private sector of

$100,000,000 or more in any one year.

Though this rule will not result in such

an expenditure, we do discuss the

effects of this rule elsewhere in this

preamble.

Taking of Private Property

This rule will not effect a taking of

private property or otherwise have

taking implications under Executive

Order 12630, Governmental Actions and

Interference with Constitutionally

Protected Property Rights.

Civil Justice Reform

This rule meets applicable standards

in sections 3(a) and 3(b)(2) of Executive

Order 12988, Civil Justice Reform, to

minimize litigation, eliminate

ambiguity, and reduce burden.

Protection of Children

We have analyzed this rule under

Executive Order 13045, Protection of

Children from Environmental Health

Risks and Safety Risks. This rule is not

an economically significant rule and

does not create an environmental risk to

health or risk to safety that may

disproportionately affect children.

Indian Tribal Governments

This rule does not have tribal

implications under Executive Order

13175, Consultation and Coordination

with Indian Tribal Governments,

because it does not have a substantial

direct effect on one or more Indian

tribes, on the relationship between the

Federal Government and Indian tribes,

or on the distribution of power and

responsibilities between the Federal

Government and Indian tribes.

Energy Effects

We have analyzed this rule under

Executive Order 13211, Actions

Concerning Regulations That

Significantly Affect Energy Supply,

Distribution, or Use. We have

determined that it is not a ‘‘significant

energy action’’ under that order because

it is not a ‘‘significant regulatory action’’

under Executive Order 12866 and is not

likely to have a significant adverse effect

on the supply, distribution, or use of

energy. It has not been designated by the

Administrator of the Office of

Information and Regulatory Affairs as a

significant energy action. Therefore, it

does not require a Statement of Energy

Effects under Executive Order 13211.

Environment

We have considered the

environmental impact of this rule and

concluded that it is categorically

excluded from further environmental

review.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reports and record keeping

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; 50 U.S.C. 191,

33 CFR 1.05–1(g), 6.04–1, 6.04–6, 160.5; 49

CFR 1.46.

2. Add a new temporary § 165.T11–

058 to read as follows:

§ 165.T11–058 Security Zones; Port of Los

Angeles and Catalina Island.

(a) Regulated area. Temporary moving

security zones are established 100 yards

around all cruise ships while entering or

departing the Port of Los Angeles. These

moving security zones are activated

when the cruise ship passes the Los

Angeles sea buoy while entering the

Port of Los Angeles. Temporary fixed

security zones are established 100 yards

around all cruise ships docked in the

Port of Los Angeles, California, and

while anchored at Catalina Island.

These security zones are deactivated

when the cruise ship passes the sea

buoy on its departure from the Port of

Los Angeles or weighs anchor at

Catalina Island.

(b) Regulations. (1) In accordance

with the general regulations in § 165.33,

the following rules apply to security

zones established by this section:

(i) No person or vessel may enter or

remain in a security zone without the

permission of the Captain of the Port;

(ii) Each person and vessel in a

security zone shall obey any direction or

order of the Captain of the Port;

(iii) The Captain of the Port may take

possession and control of any vessel in

a security zone;

(iv) The Captain of the Port may

remove any person, vessel, article, or

thing from a security zone;

(v) No person may board, or take or

place any article or thing on board, any

vessel in a security zone without the

permission of the Captain of the Port;

and

(vi) No person may take or place any

article or thing upon any waterfront

facility in a security zone without the

permission of the Captain of the Port.

(2) The Captain of the Port will notify

the public via broadcast and published

notice to mariners.

(3) Nothing in this section shall be

construed as relieving the owner or

person in charge of any vessel from

complying with the rules of the road

and safe navigation practice.

(4) The regulations of this section will

be enforced by the Captain of the Port

Los Angeles-Long Beach, or his

authorized representative, and the Los

Angeles Port Police.

(c) Effective dates. This section

becomes effective at 11:59 p.m. PST on

November 1, 2001, and will terminate at

11:59 p.m. PDT on May 1, 2002.

Dated: November 1, 2001.

J. M. Holmes,

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

Port, Los Angeles-Long Beach.

[FR Doc. 02–1369 Filed 1–17–02; 8:45 am]

BILLING CODE 4910–15–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[CA 053–REC; FRL–7122–8]

Corrections to the California State

Implementation Plan

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is finalizing the deletion

of various local rules from the California

State Implementation Plan (SIP) that

were incorporated into the SIP in error.

These primarily include rules

concerning local fees, enforcement

authorities, New Source Performance

Standards (NSPS) and National

Emission Standards for Hazardous Air

Pollutants (NESHAP). EPA has

determined that the continued presence

of these rules in the SIP is potentially

confusing and thus harmful to affected

sources, local agencies and to EPA. The

intended effect of this final action is to

delete these rules and make the SIP

consistent with the Clean Air Act as

amended in 1990 (CAA or the Act). This

2574 Federal Register / Vol. 67, No. 13 / Friday, January 18, 2002 / Rules and Regulations

action also reinserts a paragraph into the

compilation of federal regulations that

was deleted in error in the Federal

Register on November 10, 1982 and

redesignates another paragraph

published in the Federal Register on

June 23, 1982.

EFFECTIVE DATE: This rule is effective on

February 19, 2002.

ADDRESSES: You can inspect copies of

the administrative record for this action

at EPA’s Region IX office, 75 Hawthorne

Street, San Francisco, CA 94105, during

normal business hours. You may also

see copies of the rules at the locations

listed in SUPPLEMENTARY INFORMATION

under ‘‘Public Inspection.’’

FOR FURTHER INFORMATION CONTACT: Julie

A. Rose, Rulemaking Office (AIR–4), Air

Division, U.S. Environmental Protection

Agency, Region IX, 75 Hawthorne

Street, San Francisco, CA 94105, (415)

947–4126. Email: rose.julie@EPA.gov

SUPPLEMENTARY INFORMATION:

Public Inspection

California Air Resources Board,

Stationary Source Division, Rule

Evaluation Section, 1001 ‘‘I’’ Street,

Sacramento, CA 95814.

Amador County Air Pollution Control

District, 500 Argonaut Lane, Jackson,

CA 95642.

Antelope Valley Air Pollution Control

District, 43301 Division Street, Suite

206, Lancaster, CA 93539–4409.

Bay Area Air Quality Management

District, 939 Ellis Street, San Francisco,

CA 94109.

Butte County Air Quality

Management District, 2525 Dominic

Drive, Suite J, Chico, CA 95928–7184.

Calaveras County Air Pollution

Control District, 891 Mountain Ranch

Road, San Andreas, CA 95249–9709.

Colusa County Air Pollution Control

District, 100 Sunrise Blvd. Suite F,

Colusa, CA 95932–3246.

El Dorado County Air Pollution

Control District, 2850 Fairlane Court,

Building C, Placerville, CA 95667–4100.

Feather River Air Quality

Management District, 938–14th Street,

Marysville, CA 95901–4149.

Glenn County Air Pollution Control

District, 720 North Colusa Street,

Willows, CA 95988–0351.

Great Basin Unified Air Pollution

Control District, 157 Short Street, Suite

6, Bishop, CA 93514.

Imperial County Air Pollution Control

District, 150 South Ninth Street, El

Centro, CA 92243–2801.

Kern County (Southeast Desert) Air

Pollution Control District, 2700 M.

Street, Suite 302, Bakersfield, CA

93301–2370.

Lake County Air Quality Management

District, 883 Lakeport Blvd., Lakeport,

CA 95453–5405.

Lassen County Air Pollution Control

District, 175 Russell Avenue,

Susanville, CA 96130–4215.

Mariposa County Air Pollution

Control District, 5110 Bullion Street,

Mariposa, CA 95338.

Mendocino County Air Quality

Management District, 306 E. Gobbi

Street, Ukiah, CA 95482.

Modoc County Air Pollution Control

District, 202 W. Fourth Street, Alturas,

CA 96101.

Mojave Desert Air Quality

Management District, 14306 Park

Avenue, Victorville, CA 92392–2310.

Monterey Bay Unified Air Pollution

Control District, 24580 Silver Cloud Ct.,

Monterey, CA 93940–6536.

North Coast Unified Air Quality

Management District, 2300 Myrtle

Avenue, Eureka, CA 95501–3327.

Northern Sierra Air Quality

Management District, 200 Litton Drive,

Suite 320, Grass Valley, CA 95945–

2509.

Northern Sonoma County Air

Pollution Control District, 150 Matheson

Street, Healdsburg, CA 95448–4908.

Placer County Air Pollution Control

District, 11464 B Avenue, Auburn, CA

95603.

San Diego County Air Pollution

Control District, 9150 Chesapeake Drive,

San Diego, CA 92123–1096.

San Joaquin Valley Unified Air

Pollution Control District, 1990 East

Gettysburg, Fresno, CA 93726.

San Luis Obispo County Air Pollution

Control District, 3433 Roberto Court,

San Luis Obispo, CA 93401–7126.

Santa Barbara County Air Pollution

Control District, 26 Castilian Drive, B–

23, Goleta, CA 93117.

Shasta County Air Quality

Management District, 1855 Placer Street,

Suite 101, Redding, CA 96001–1759.

Siskiyou County Air Pollution Control

District, 525 South Foothill Drive,

Yreka, CA 96097–3036.

South Coast Air Quality Management

District, 21865 E. Copley Drive,

Diamond Bar, CA 91765.

Tehama County Air Pollution Control

District, 1750 Walnut Street, Red Bluff,

CA 96080.

Tuolumne County Air Pollution

Control District, 22365 Airport,

Columbia, CA 95310.

Ventura County Air Pollution Control

District, 669 County Square Drive,

Ventura, CA 93003.

Yolo-Solano Air Quality Management

District, 1947 Galileo Court, Suite 103,

Davis, CA 95616.

Throughout this document wherever

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ are used, we mean

EPA.

Table of Contents

I. Proposed action.

II. Public comments and EPA responses.

III. EPA action.

IV. Administrative Requirements.

I. Proposed Action

On September 13, 2001 (66 FR 47603),

EPA proposed to delete various rules

from the California SIP, after

determining that they had been

approved into the SIP in error. Most of

these rules fall into one of the following

categories:

A. Various local fee provisions that

are not economic incentive programs

and are not designed to replace or relax

a SIP emission limit. While it is

appropriate for local agencies to

implement fee provisions, for example,

to recover costs for issuing permits, it is

generally not appropriate to make local

fee collection federally enforceable.

B. Various provisions describing local

agency investigative or enforcement

authority such as some rules titled

enforcement, authority to inspect,

authority to arrest, violation notices,

and orders for abatement. States may

need to adopt such rules to demonstrate

adequate enforcement authority under

section 110(a)(2) of the Act, but they

should not be approved into the

applicable SIP to avoid potential

conflict with EPA’s independent

authorities provided in sections 113,

114, and elsewhere.

C. Local adoption of federal NSPS

requirements either by reference or by

adopting text identical or modified from

the requirements found in 40 CFR Part

60. Since EPA has independent

authority to implement 40 CFR Part 60,

it is not appropriate to make parallel

local authorities federally enforceable

by approving them into the applicable

SIP.

D. Local adoption of NESHAP

requirements found in 40 CFR 61 as

similarly discussed regarding NSPS.

A complete listing of each rule being

deleted can be found in the proposed

rule cited above.

II. Public Comments and EPA

Responses

EPA’s proposed action provided a 30-

day public comment period. During this

period, we received two public

comment letters: a letter dated October

9, 2001 from Lawrence D. Odle, air

pollution control officer of Butte County

Air Quality Management District

(BCAQMD), and a letter dated

September 24, 2001 from Robert L.

Reynolds, air pollution control officer of

Lake County Air Quality Management

District (LCAQMD). The commenter

from BCAQMD expresses support for

Federal Register / Vol. 67, No. 13 / Friday, January 18, 2002 / Rules and Regulations 2575

the proposed action. The commenter

from LCAQMD requests that LCAQMD

rules proposed for deletion from the

California SIP be retained on the

grounds that administration of

LCAQMD’s air pollution control

program relies on these rules, which

relate to investigative and enforcement

authorities, penalties, and fees.

EPA agrees that these rules are

important for local administration of

LCAQMD’s program. However, removal

of these rules from the SIP does not

affect the authority LCAQMD has under

State law to implement its program or

enforce its rules. As explained above,

provisions describing local agency

investigative or enforcement authorities

should not be approved into the SIP to

avoid potential conflict with EPA’s

independent authorities provided in

sections 113, 114, and elsewhere in the

Act. Also, fee provisions that are not

economic incentive programs and are

not designed to replace or relax a SIP

emission limit should not be approved

into the SIP since doing so provides the

basis for federal enforcement, i.e., by

EPA or a citizen, which is inappropriate

for local fee collection provisions.

While, for the reasons stated, these

types of provisions should not be

approved into the SIP, some were

erroneously approved into the

California SIP, and the purpose of this

action is to remove them.

The commenter also requests that

certain LCAQMD rules be updated in

the SIP to reflect the most recent version

of these rules. EPA cannot take action

on revisions to these rules because they

have not been submitted as official

revisions to the California SIP by the

California Air Resources Board, but

more importantly, for the reasons

discussed above, these rules, whether or

not they are the most recent versions,

are not the types of rules that are

appropriate for approval into a SIP.

III. EPA Action

No comments were submitted that

change our assessment that the rules

listed in the proposed rule are

appropriate for deletion from the SIP.

Therefore, as authorized in section

110(k)(6) of the Act, EPA is deleting all

these rules from the California SIP.

In this action, EPA is also reinserting

a paragraph listing EPA-approved rules

of the California SIP that were

inadvertently deleted from Title 40 of

the Code of Federal Regulations, part 52,

§ 52.220 in other actions. On November

10, 1982, at 47 FR 50864, EPA

published a final rulemaking action

approving changes to rules of sixteen air

pollution districts submitted by the

California Air Resources Board as

revisions to the California SIP. This

action inadvertently deleted paragraph

(B) from 40 CFR 52.220(c)(89)(iii). The

rules listed in paragraph (B) of

52.220(c)(89)(iii) had previously been

incorporated into the California SIP on

April 12, 1982, at 47 FR 15585, and

were not among the rules that were the

subject of the action taken by EPA on

November 10, 1982. This action corrects

this inadvertent deletion by reinserting

paragraph (B) to 40 CFR

52.220(c)(89)(iii).

Section 553 of the Administrative

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

provides that, when an agency for good

cause finds that notice and public

procedures are impracticable,

unnecessary or contrary to the public

interest, the agency may issue a rule

without providing notice and an

opportunity for public comment. EPA

has determined that there is good cause

for making (the portion of) today’s rule

(that relates to technical corrections to

the CFR) final without prior proposal

and opportunity for comment because

EPA is correcting inadvertent deletions

of rules duly approved into a state

implementation plan. The affected

regulations were codified at 40 CFR part

52, subpart F, § 52.220(c)(89)(iii)(B)

prior to their inadvertent deletion, and

were previously subject to notice and

comment prior to EPA approval. Thus,

notice and public procedures are

unnecessary. EPA finds that this

constitutes good cause under 5 U.S.C.

553(b)(B).

EPA is also correcting the letter

designation of a paragraph in Title 40 of

the Code of Federal Regulations, part 52,

section 52.220. On June 23, 1982, at 47

FR 27068, EPA added a second

paragraph (B) to 40 CFR 52.220

(c)(51)(xiv). However, a paragraph (B)

citing different local rules had already

been added to 40 CFR 52.220

(c)(51)(xiv) on May 27, 1982, at 47 FR

23159. Today’s action redesignates the

material in the second paragraph (B)

published on June 23, 1982 to paragraph

(C). For the same reasons as provided

above for the inadvertent deletion of SIP

rules, EPA has determined that there is

good cause for making this technical

correction to the CFR final without prior

proposal and opportunity for comment.

Lastly, our proposed rule published

on September 13, 2001 indicated that

EPA was proposing to delete Fresno

County Air Pollution Control District

(APCD) rule 111 (Arrests and Notice to

Appear) from the California SIP. The

State of California submitted a number

of local rules, including Fresno County

APCD rule 111, to EPA on June 4, 1986

for incorporation into the California SIP.

On April 10, 1989, at 54 FR 14224, EPA

approved Fresno County APCD rule 111

into the California SIP through a direct

final rulemaking. This approval was

subsequently withdrawn on June 23,

1989, at 54 FR 26373, in response to

receipt of adverse comment on our

direct final approval. On June 22, 1989,

at 54 FR 262211, in anticipation of our

withdrawal notice of June 23, 1989, we

proposed to approve Fresno County

APCD rule 111 into the California SIP,

but the approval was never finalized.

Therefore, Fresno County APCD rule

111 is not in the California SIP and is

no longer a part of this action.

IV. 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. For

this reason, this action is also not

subject to Executive Order 32111,

‘‘Actions Concerning Regulations That

Significantly Affect Energy Supply,

Distribution, or Use’’ (66 FR 28355, May

22, 2001). This action 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 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 (Pub. L. 104–4).

This rule also does not have tribal

implications because it will not have a

substantial direct effect on one or more

Indian tribes, on the relationship

between the Federal Government and

Indian tribes, or on the distribution of

power and responsibilities between the

Federal Government and Indian tribes,

as specified by Executive Order 13175

(65 FR 67249, November 9, 2000), nor

will it 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 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, ‘‘Protection of Children

from Environmental Health Risks and

Safety Risks’’ (62 FR 19885, April 23,

1997), because it is not economically

significant.

2576 Federal Register / Vol. 67, No. 13 / Friday, January 18, 2002 / Rules and Regulations

In this action, EPA is not developing

or adopting a technical standard. 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. 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 March 19, 2002.

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, Reporting and

recordkeeping requirements.

Dated: December 12, 2001.

Sally Seymour,

Acting Regional Administrator, Region IX.

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 F—California

2. Section 52.220 is amended:

a. By adding paragraphs: (b)(1)(ii),

(b)(2)(ii), (b)(4)(ii), (b)(6) through (b)(11),

(c)(6)(ii)(B), (c)(6)(iii)(B), (c)(6)(iv)(B),

(c)(6)(v)(B), (c)(6)(vi)(B), (c)(6)(vii)(B),

(c)(6)(x)(B), (c)(6)(xi)(B), (c)(6)(xii)(B),

(c)(6)(xiii)(B), (c)(6)(xiv)(B),

(c)(6)(xvi)(B), (c)(6)(xvii)(B),

(c)(6)(xix)(B), (c)(6)(xx) to (c)(6)(xxii),

(c)(21)(ix)(D), (c)(21)(xviii)(B),

(c)(24)(vi)(D), (c)(25)(vii)(B),

(c)(26)(ii)(D), (c)(26)(iv)(D) and (E),

(c)(26)(xvii)(D), (c)(27)(vii)(D),

(c)(27)(viii)(D), (c)(28)(viii)(B),

(c)(29)(vi)(C), (c)(30)(v)(B), (c)(30)(vi)(B),

(c)(31)(i)(G), (c)(31)(iii)(B), (c)(31)(vi)(E),

(c)(31)(xviii)(F), (c)(32)(ii)(C),

(c)(32)(iii)(F), (c)(35)(iii)(D),

(c)(35)(v)(C), (c)(35)(xii)(H),

(c)(35)(xiii)(D), (c)(35)(xv)(F),

(c)(37)(iv)(E), (c)(37)(v)(D),

(c)(39)(iii)(G), (c)(39)(iv)(G),

(c)(39)(vii)(D), (c)(39)(x)(D),

(c)(41)(ix)(D), (c)(41)(x)(D) through (G),

(c)(42)(i)(F), (c)(42)(iii)(D),

(c)(42)(viii)(B), (c)(42)(x)(C),

(c)(42)(xiv)(D), (c)(44)(iv)(D),

(c)(51)(xi)(B), (c)(51)(xiii)(C),

(c)(51)(xiv)(D), (c)(51)(xviii)(B),

(c)(51)(xx)(C), (c)(52)(ii)(C),

(c)(52)(iv)(F), (c)(52)(xi)(C),

(c)(52)(xv)(D), (c)(52)(xvi)(C),

(c)(54)(vi)(B), (c)(70)(iv)(B),

(c)(85)(vi)(C), (c)(85)(vii)(B),

(c)(85)(x)(B), (c)(89)(iii)(B) and (C),

(c)(92)(iv)(B), (c)(93)(iii)(C),

(c)(93)(iv)(D), (c)(96)(iii)(C), (c)(98)(i)(E),

(c)(101)(ii)(G), (c)(103)(xi)(B),

(c)(103)(xiii)(C), (c)(103)(xiv)(C),

(c)(103)(xvii)(C), (c)(119)(i)(D),

(c)(124)(ii)(B), (c)(125)(iv)(C),

(c)(125)(v)(C), (c)(126)(ii)(B),

(c)(127)(v)(C), (c)(127)(vii)(F) and (G),

(c)(137)(i)(C), (c)(137)(ii)(E),

(c)(138)(i)(C), (c)(138)(ii)(E),

(c)(138)(iii)(B), (c)(138)(iv)(B),

(c)(138)(v)(E), (c)(140)(i)(D),

(c)(140)(iii)(C), (c)(148)(ii)(C),

(c)(153)(ii)(D), (c)(154)(i)(D),

(c)(155)(v)(C), (c)(156)(ii)(B),

(c)(158)(i)(C), (c)(159)(iii)(D),

(c)(164)(i)(A)(2), (c)(164)(i)(B)(3),

(c)(168)(i)(A)(5), (c)(168)(i)(C)(3),

(c)(173)(i)(B)(2), (c)(173)(i)(D)(2),

(c)(177)(i)(D)(3), (c)(179)(i)(B)(2),

(c)(179)(i)(E)(4), (c)(246)(i)(A)(3); and

b. By redesignating the second

paragraph (c)(51)(xiv)(B) as

(c)(51)(xiv)(C).

The additions read as follows:

§ 52.220 Identification of plan.

* * * * *

(b) * * *

(1) * * *

(ii) Previously approved on May 31,

1972 in paragraph (b) of this section and

now deleted without replacement, Part

X, Paragraph 3.

* * * * *

(2) * * *

(ii) Previously approved on May 31,

1972 in paragraph (b) of this section and

now deleted without replacement, Rules

40 and 42.

* * * * *

(4) * * *

(ii) Previously approved on May 31,

1972 in paragraph (b) of this section and

now deleted without replacement,

Regulation 3, Rules 40, 42, 43, and 44.

* * * * *

(6) Lassen County APCD.

(i) Previously approved on May 31,

1972 in paragraph (b) of this section and

now deleted without replacement, Rules

1.4, 3.2, 3.3 (Schedules 1–6), 3.4, and

3.5.

(7) Nevada County APCD.

(i) Previously approved on May 31,

1972 in paragraph (b) of this section and

now deleted without replacement, Rule

41.

(8) Orange County APCD.

(i) Previously approved on May 31,

1972 in paragraph (b) of this section and

now deleted without replacement, Rule

120.

(9) Sierra County APCD.

(i) Previously approved on May 31,

1972 in paragraph (b) of this section and

now deleted without replacement, Rules

46 and 50.

(10) Siskiyou County APCD.

(i) Previously approved on May 31,

1972 in paragraph (b) of this section and

now deleted without replacement, Rules

3.1, 3.2, and 3.3.

(11) Yolo-Solano AQMD.

(i) Previously approved on May 31,

1972 in paragraph (b) of this section and

now deleted without replacement, Rules

1.7 and 2.18.

(c) * * *

(6) * * *

(ii) * * *

(B) Previously approved on

September 22, 1972 in paragraph (c) of

this section and now deleted without

replacement, Rule 109.

(iii) * * *

(B) Previously approved on

September 22, 1972 in paragraph (c) of

this section and now deleted without

replacement, Rules 1.4, 2.13, 6.11 and

6.12.

(iv) * * *

(B) Previously approved on

September 22, 1972 in paragraph (c) of

this section and now deleted without

replacement, Rules 104, 105, 107, 109,

303, and 304.

(v) * * *

(B) Previously approved on

September 22, 1972 in paragraph (c) of

this section and now deleted without

replacement, Rules 151 and 153.

(vi) * * *

(B) Previously approved on

September 22, 1972 in paragraph (c) of

Federal Register / Vol. 67, No. 13 / Friday, January 18, 2002 / Rules and Regulations 2577

this section and now deleted without

replacement, Rules 107, 109, 303, and

304.

(vii) * * *

(B) Previously approved on

September 22, 1972 in paragraph (c) of

this section and now deleted without

replacement, Rule 109.

* * * * *

(x) * * *

(B) Previously approved on

September 22, 1972 in paragraph (c) of

this section and now deleted without

replacement, Rules 107, 301 (Paragraphs

c to g, i, and j), 303, and 304.

(xi) * * *

(B) Previously approved on

September 22, 1972 in paragraph (c) of

this section and now deleted without

replacement, Rule 1.4.

(xii) * * *

(B) Previously approved on

September 22, 1972 in paragraph (c) of

this section and now deleted without

replacement, Rules 107 and 109.

(xiii) * * *

(B) Previously approved on

September 22, 1972 in paragraph (c) of

this section and now deleted without

replacement, Rule 107.

(xiv) * * *

(B) Previously approved on

September 22, 1972 in paragraph (c) of

this section and now deleted without

replacement, Rules 107 and 109.

* * * * *

(xvi) * * *

(B) Previously approved on

September 22, 1972 in paragraph (c) of

this section and now deleted without

replacement, Rules 42 and 100.

(xvii) * * *

(B) Previously approved on

September 22, 1972 in paragraph (c) of

this section and now deleted without

replacement, Rules 43, 44, and Rule

120.

* * * * *

(xix) * * *

(B) Previously approved on

September 22, 1972 in paragraph (c) of

this section and now deleted without

replacement, Rules 43 and 44 (Mojave

Desert AQMD only).

(xx) Mariposa County APCD.

(A) Previously approved on

September 22, 1972 in paragraph (c) of

this section and now deleted without

replacement, Rule 17.

(xxi) Plumas County APCD.

(A) Previously approved on

September 22, 1972 in paragraph (c) of

this section and now deleted without

replacement, Rules 3, 4, and 40.

(xxii) Sutter County APCD.

(A) Previously approved on

September 22, 1972 in paragraph (c) of

this section and now deleted without

replacement, Rule 2.20.

* * * * *

(21) * * *

(ix) * * *

(D) Previously approved on August

22, 1977 in paragraph (c)(21)(ix)(A) of

this section and now deleted without

replacement, Rule 107.

* * * * *

(xviii) * * *

(B) Previously approved on

September 8, 1978 in paragraph

(c)(21)(xviii)(A) of this section and now

deleted without replacement, Rule 45.

* * * * *

(24) * * *

(vi) * * *

(D) Previously approved on August

22, 1977 in paragraph (c)(24)(vi)(A) of

this section and now deleted without

replacement, Rule 3.7.

* * * * *

(25) * * *

(vii) * * *

(B) Previously approved on October

27, 1977 in paragraph (c)(25)(vii)(A) of

this section and now deleted without

replacement, Rules 302 and 303.

* * * * *

(26) * * *

(ii) * * *

(D) Previously approved on May 11,

1977 in paragraph (c)(26)(ii)(B) of this

section and now deleted without

replacement, Regulation 7.

* * * * *

(iv) * * *

(D) Previously approved on May 11,

1977 in paragraph (c)(26)(iv)(A) of this

section and now deleted without

replacement, Rule 155.

(E) Previously approved on August

22, 1977 in paragraph (c)(26)(iv)(A) of

this section and now deleted without

replacement, Rule 3.1.

* * * * *

(xvii) * * *

(D) Previously approved on June 14,

1978 in paragraph (c)(26)(xvii)(A) of this

section and now deleted without

replacement, Rule 105.

* * * * *

(27) * * *

(vii) * * *

(D) Previously approved on June 14,

1978 in paragraph (c)(27)(vii)(A) of this

section and now deleted without

replacement, Rules 105, 601, and 602.

(viii) * * *

(D) Previously approved on June 14,

1978 in paragraph (c)(27)(viii)(A) of this

section and now deleted without

replacement, Rules 323, 601, and 602.

* * * * *

(28) * * *

(viii) * * *

(B) Previously approved on August

22, 1977 in paragraph (c)(28)(viii)(A) of

this section and now deleted without

replacement, Rules 422 and 423.

* * * * *

(29) * * *

(vi) * * *

(C) Previously approved on August

15, 1977 in paragraph (c)(29)(vi)(A) of

this section and now deleted without

replacement, Rule 72 (72–72.8).

* * * * *

(30) * * *

(v) * * *

(B) Previously approved on August

22, 1977 in paragraph (c)(30)(v)(A) of

this section and now deleted without

replacement, Rules 422 and 423.

(vi) * * *

(B) Previously approved on August

22, 1977 in paragraph (c)(30)(vi)(A) of

this section and now deleted without

replacement, Rules 422 and 423.

* * * * *

(31) * * *

(i) * * *

(G) Previously approved on June 6,

1977 in paragraph (c)(31)(i)(B) of this

section and now deleted without

replacement, Rules 105, 302, and 303.

* * * * *

(iii) * * *

(B) Previously approved on May 11,

1977 in paragraph (c)(31)(iii)(A) of this

section and now deleted without

replacement, Rule 5.

* * * * *

(vi) * * *

(E) Previously approved on June 14,

1978 in paragraph (c)(31)(vi)(B) of this

section and now deleted without

replacement, Rule 105.

* * * * *

(xviii) * * *

(F) Previously approved on June 14,

1978 in paragraph (c)(31)(xvii)(B) of this

section and now deleted without

replacement, Rule 105.

* * * * *

(32) * * *

(ii) * * *

(C) Previously approved on August

22, 1977 in paragraph (c)(32)(ii)(A) of

this section and now deleted without

replacement, Rules 104, 105, 112, 422,

and 423.

(iii) * * *

(F) Previously approved on June 14,

1978 in paragraph (c)(32)(iii)(C) of this

section and now deleted without

replacement, Rule 302.

* * * * *

(35) * * *

(iii) * * *

(D) Previously approved on August

15, 1977 in paragraph (c)(35)(iii)(B) of

this section and now deleted without

2578 Federal Register / Vol. 67, No. 13 / Friday, January 18, 2002 / Rules and Regulations

replacement, Rules 72 (72.9–72.10) and

73.

* * * * *

(v) * * *

(C) Previously approved on October 4,

1977 in paragraph (c)(35)(v)(A) of this

section and now deleted without

replacement, Rules 104, 105, and 112.

* * * * *

(xii) * * *

(H) Previously approved on August 4,

1978 in paragraph (c)(35)(xii)(A) of this

section and now deleted without

replacement, Rules 110 and 111.

(xiii) * * *

(D) Previously approved on March 22,

1978 in paragraph (c)(35)(xiii)(A) of this

section and now deleted without

replacement, Rule 104.

* * * * *

(xv) * * *

(F) Previously approved on November

7, 1978 in paragraph (c)(35)(xv)(C) of

this section and now deleted without

replacement, Rules 340.

* * * * *

(37) * * *

(iv) * * *

(E) Previously approved on August 4,

1978 in paragraph (c)(37)(iv)(B) of this

section and now deleted without

replacement, Rules 531, 901, and 1500.

(v) * * *

(D) Previously approved on December

6, 1979 in paragraph (c)(37)(v)(B) of this

section and now deleted without

replacement, Rules 216, 323, and 324.

* * * * *

(39) * * *

(iii) * * *

(G) Previously approved on

September 8, 1978 in paragraph

(c)(39)(iii)(C) of this section and now

deleted without replacement, Rules 42

and 105.

(iv) * * *

(G) Previously approved on

September 8, 1978 in paragraph

(c)(39)(iv)(C) of this section and now

deleted without replacement, Rules 42

and 301.

* * * * *

(vii) * * *

(D) Previously approved on August

16, 1978 in paragraph (c)(39)(vii)(A) of

this section and now deleted without

replacement, Rules 216 and 402.

* * * * *

(x) * * *

(D) Previously approved on

September 14, 1978 in paragraph

(c)(39)(x)(A) of this section and now

deleted without replacement, Rule 402.

* * * * *

(41) * * *

(ix) * * *

(D) Previously approved on November

7, 1978 in paragraph (c)(41)(ix)(A) of

this section and now deleted without

replacement, Rules 216, 324, 402, 602,

603, and 604.

(x) * * *

(D) Previously approved on November

15, 1978 in paragraph (c)(41)(x)(A) of

this section and now deleted without

replacement, Rule 402.

(E) Previously approved on November

15, 1978 in paragraph (c)(41)(x)(A) of

this section and now deleted without

replacement, Rules 801 to 804 (Lake

Tahoe Air Basin).

(F) Previously approved on November

15, 1978 in paragraph (c)(41)(x)(A) of

this section and now deleted without

replacement, Rules 801, 802, 803

(paragraphs B and C), and 804

(Mountain Counties Air Basin).

(G) Previously approved on November

15, 1978 in paragraph (c)(41)(x)(A) of

this section and now deleted without

replacement, Rules 603, 604, 605, and

801 to 804 (Sacramento Valley Air

Basin).

* * * * *

(42) * * *

(i) * * *

(F) Previously approved on August

11, 1978 in paragraph (c)(42)(i)(A) of

this section and now deleted without

replacement, Rules 104, 106, and 303.

* * * * *

(iii) * * *

(D) Previously approved on August 4,

1978 in paragraph (c)(42)(iii)(A) of this

section and now deleted without

replacement, Rules 104 and 110.

* * * * *

(viii) * * *

(B) Previously approved on

September 14, 1978 in paragraph

(c)(42)(viii)(A) of this section and now

deleted without replacement, Rules 152

and 154.

* * * * *

(x) * * *

(C) Previously approved on November

6, 1978 in paragraph (c)(42)(x)(A) of this

section and now deleted without

replacement, Rules 216, 324, and 402.

* * * * *

(xiv) * * *

(D) Previously approved on December

21, 1978 in paragraph (c)(42)(xiv)(A) of

this section and now deleted without

replacement, Rule 105 (Mojave Desert

AQMD only).

* * * * *

(44) * * *

(iv) * * *

(D) Previously approved on January

29, 1979 in paragraph (c)(44)(iv)(A) of

this section and now deleted without

replacement, Rule 1.4.

* * * * *

(51) * * *

(xi) * * *

(B) Previously approved on January

27, 1981 in paragraph (c)(51)(xi)(A) of

this section and now deleted without

replacement, Rule 660.

* * * * *

(xiii) * * *

(C) Previously approved on May 18,

1981 in paragraph (c)(51)(xiii)(A) of this

section and now deleted without

replacement, Rule 402.

(xiv) * * *

(D) Previously approved on May 18,

1981 in paragraph (c)(51)(xiv)(A) of this

section and now deleted without

replacement, Rules 801 to 804.

* * * * *

(xviii) * * *

(B) Previously approved on January

25, 1982 in paragraph (c)(51)(xviii)(A) of

this section and now deleted without

replacement, Rule 618.

* * * * *

(xx) * * *

(C) Previously approved on June 18,

1982 in paragraph (c)(51)(xx)(A) of this

section and now deleted without

replacement, Rule 9.

* * * * *

(52) * * *

(ii) * * *

(C) Previously approved on January

27, 1981 in paragraph (c)(52)(ii)(B) of

this section and now deleted without

replacement, Rules 304 and 706.

* * * * *

(iv) * * *

(F) Previously approved on December

9, 1981 in paragraph (c)(52)(iv)(B) of

this section and now deleted without

replacement, Rule 301.

* * * * *

(xi) * * *

(C) Previously approved on May 18,

1981 in paragraph (c)(52)(xi)(A) of this

section and now deleted without

replacement, Rules 103, 402, and 601 to

604.

* * * * *

(xv) * * *

(D) Previously approved on December

9, 1981 in paragraph (c)(52)(xv)(B) of

this section and now deleted without

replacement, Rule 302.

(xvi) * * *

(C) Previously approved on January

26, 1982 in paragraph (c)(52)(xvi)(A) of

this section and now deleted without

replacement, Rules 7.0, 7.1, and 8.1.

* * * * *

(54) * * *

(vi) * * *

(B) Previously approved on January

26, 1982 in paragraph (c)(54)(vi)(A) of

this section and now deleted without

replacement, Rule 1.4.

* * * * *

Federal Register / Vol. 67, No. 13 / Friday, January 18, 2002 / Rules and Regulations 2579

(70) * * *

(iv) * * *

(B) Previously approved on May 27,

1982 in paragraph (c)(70)(iv)(A) of this

section and now deleted without

replacement, Rules 601 to 613.

* * * * *

(85) * * *

(vi) * * *

(C) Previously approved on April 12,

1982 in paragraph (c)(85)(vi)(A) of this

section and now deleted without

replacement, Rules 1.3 and 2.9.

(vii) * * *

(B) Previously approved on June 18,

1982 in paragraph (c)(85)(vii)(A) of this

section and now deleted without

replacement, Rule 210.

* * * * *

(x) * * *

(B) Previously approved on July 6,

1982 in paragraph (c)(85)(x)(A) of this

section and now deleted without

replacement, Rule 110.

* * * * *

(89) * * *

(iii) * * *

(B) New or amended rules 1.3, 3.0–

3.7, 3.9, 3.10, 3.13, 4.0–4.5, 4.7 to 4.10,

4.12, 5.4, 6.0, 8.0, 8.2, 9.0–9.5, 9.7, and

9.8.

(C) Previously approved on April 12,

1982 in paragraph (c)(89)(iii)(B) of this

section and now deleted without

replacement, Rules 8.0, 8.2 and 9.0 to

9.4.

* * * * *

(92) * * *

(iv) * * *

(B) Previously approved on April 13,

1982 in paragraph (c)(92)(iv)(A) of this

section and now deleted without

replacement, Rule 300.

* * * * *

(93) * * *

(iii) * * *

(C) Previously approved on June 18,

1982 in paragraph (c)(93)(iii)(B) of this

section and now deleted without

replacement, Rule 509.

(iv) * * *

(D) Previously approved on June 18,

1982 in paragraph (c)(93)(iv)(B) of this

section and now deleted without

replacement, Rule 509.

* * * * *

(96) * * *

(iii) * * *

(C) Previously approved on January

26, 1982 in paragraph (c)(96)(iii)(A) of

this section and now deleted without

replacement, Rule 3.

* * * * *

(98) * * *

(i) * * *

(E) Previously approved on April 12,

1982 in paragraph (c)(98)(i)(B) of this

section and now deleted without

replacement, Rules 8.0 to 8.2 and 9.0

and 9.4.

* * * * *

(101) * * *

(ii) * * *

(G) Previously approved on July 6,

1982 in paragraph (c)(101)(ii)(B) of this

section and now deleted without

replacement, Rules 301 and 302

(including Southeast Desert).

* * * * *

(103) * * *

(xi) * * *

(B) Previously approved on April 13,

1982 in paragraph (c)(103)(xi)(A) of this

section and now deleted without

replacement, Rule 301.

* * * * *

(xiii) * * *

(C) Previously approved on May 27,

1982 in paragraph (c)(103)(xiii)(A) of

this section and now deleted without

replacement, Rules 318 and 319.

(xiv) * * *

(C) Previously approved on May 27,

1982 in paragraph (c)(103)(xiv)(A) of

this section and now deleted without

replacement, Rules 301, 302, 306, and

307.

* * * * *

(xvii) * * *

(C) Previously approved on May 27,

1982 in paragraph (c)(103)(xvii)(A) of

this section and now deleted without

replacement, Rule 509.

* * * * *

(119) * * *

(i) * * *

(D) Previously approved on May 27,

1982 in paragraph (c)(119)(i)(A) of this

section and now deleted without

replacement, Rule 509.

* * * * *

(124) * * *

(ii) * * *

(B) Previously approved on November

10, 1982 in paragraph (c)(124)(ii)(A) of

this section and now deleted without

replacement, Rules 660.1, 660.2, and

660.3.

* * * * *

(125) * * *

(iv) * * *

(C) Previously approved on November

10, 1982 in paragraph (c)(125)(iv)(A) of

this section and now deleted without

replacement, Rule 2:11.

(v) * * *

(C) Previously approved on November

10, 1982 in paragraph (c)(125)(v)(A) of

this section and now deleted without

replacement, Rule 104.

* * * * *

(126) * * *

(ii) * * *

(B) Previously approved on June 1,

1983 in paragraph (c)(126)(ii)(A) of this

section and now deleted without

replacement, Rule 210D.

* * * * *

(127) * * *

(v) * * *

(C) Previously approved on August 9,

1985 in paragraph (c)(127)(v)(B) of this

section and now deleted without

replacement, Rule 301.

* * * * *

(vii) * * *

(F) Previously approved on November

18, 1983 in paragraph (c)(127)(vii)(A) of

this section and now deleted without

replacement for implementation in the

Antelope Valley Air Pollution Control

District and the South Coast Air Quality

Management District, Rule 302.

(G) Previously approved on October

19, 1984 in paragraph (c)(127)(vii)(C) of

this section and now deleted without

replacement for implementation in the

Antelope Valley Air Pollution Control

District and the South Coast Air Quality

Management District, Rule 304.

* * * * *

(137) * * *

(i) * * *

(C) Previously approved on February

1, 1984 in paragraph (c)(137)(i)(A) of

this section and now deleted without

replacement, Rules 301.1 and 302

(including Southeast Desert).

(ii) * * *

(E) Previously approved on February

1, 1984 in paragraph (c)(137)(ii)(A) of

this section and now deleted without

replacement, Rules 104, 113, and 301

(paragraphs a, b, and h).

* * * * *

(138) * * *

(i) * * *

(C) Previously approved on November

18, 1983 in paragraph (c)(138)(i)(A) of

this section and now deleted without

replacement, Rules 4–2, 4–11, and 5–3.

(ii) * * *

(E) Previously approved on November

18, 1983 in paragraph (c)(138)(ii)(A) of

this section and now deleted without

replacement, Rules 609 to 612

(Mountain Counties Air Basin).

(iii) * * *

(B) Previously approved on November

18, 1983 in paragraph (c)(138)(iii)(A) of

this section and now deleted without

replacement, Rule 301.

(iv) * * *

(B) Previously approved on November

18, 1983 in paragraph (c)(138)(iv)(A) of

this section and now deleted without

replacement, Rules 900 and 902.

(v) * * *

(E) Previously approved on November

18, 1983 in paragraph (c)(138)(v)(A) of

this section and now deleted without

replacement, Rules 105, 108, 111, and

301 to 304.

* * * * *

2580 Federal Register / Vol. 67, No. 13 / Friday, January 18, 2002 / Rules and Regulations

(140) * * *

(i) * * *

(D) Previously approved on May 3,

1984 in paragraph (c)(140)(i)(A) of this

section and now deleted without

replacement, Regulation 3: Rules 3–100

through 3–103, 3–200 through 3–211, 3–

300, 3–302 through 3–313, and 3–400

through 3–409.

* * * * *

(iii) * * *

(C) Previously approved on May 3,

1984 in paragraph (c)(140)(iii)(A) of this

section and now deleted without

replacement, Rule 109.

* * * * *

(148) * * *

(ii) * * *

(C) Previously approved on May 3,

1984 in paragraph (c)(148)(ii)(A) of this

section and now deleted without

replacement, Rule 226.

* * * * *

(153) * * *

(ii) * * *

(D) Previously approved on December

5, 1984 in paragraph (c)(153)(ii)(A) of

this section and now deleted without

replacement, Rules 500 and 520.

* * * * *

(154) * * *

(i) * * *

(D) Previously approved on December

5, 1984 in paragraph (c)(154)(i)(A) of

this section and now deleted without

replacement, Rules 500, 520, and

Regulation 2: Rule 502.1.

* * * * *

(155) * * *

(v) * * *

(C) Previously approved on January

29, 1985 in paragraph (c)(155)(v)(A) of

this section and now deleted without

replacement, Regulation 2: Rule 502.

* * * * *

(156) * * *

(ii) * * *

(B) Previously approved on January

29, 1985 in paragraph (c)(156)(ii)(A) of

this section and now deleted without

replacement, Rule 112.

* * * * *

(158) * * *

(i) * * *

(C) Previously approved on May 9,

1985 in paragraph (c)(158)(i)(A) of this

section and now deleted without

replacement, Rule 2–502.2.

* * * * *

(159) * * *

(iii) * * *

(D) Previously approved on July 13,

1987 in paragraph (c)(159)(iii)(A) of this

section and now deleted without

replacement, Rule 104.

* * * * *

(164) * * *

(i) * * *

(A) * * *

(2) Previously approved on April 17,

1987 in paragraph (c)(164)(i)(A)(1) of

this section and now deleted without

replacement, Rules 318, 319, and 509.

(B) * * *

(3) Previously approved on April 17,

1987 in paragraph (c)(164)(i)(B)(1) of

this section and now deleted without

replacement, Rules 500 and 520.

* * * * *

(168) * * *

(i) * * *

(A) * * *

(5) Previously approved on February

3, 1987 in paragraph (c)(168)(i)(A)(1) of

this section and now deleted without

replacement, Rules 701, 702, 703, and

902.

* * * * *

(C) * * *

(3) Previously approved on February

3, 1987 in paragraph (c)(168)(i)(C)(1) of

this section and now deleted without

replacement, Rule 803.

* * * * *

(173) * * *

(i) * * *

(B) * * *

(2) Previously approved on February

3, 1989 in paragraph (c)(173)(i)(B)(1) of

this section and now deleted without

replacement, Rules 105 and 108.

* * * * *

(D) * * *

(2) Previously approved on February

3, 1989 in paragraph (c)(173)(i)(D)(1) of

this section and now deleted without

replacement, Rule 110.

* * * * *

(177) * * *

(i) * * *

(D) * * *

(3) Previously approved on April 16,

1991 in paragraph (c)(177)(i)(D)(1) of

this section and now deleted without

replacement, Rule 112.

* * * * *

(179) * * *

(i) * * *

(B) * * *

(2) Previously approved on November

27, 1990 in paragraph (c)(179)(i)(B)(1) of

this section and now deleted without

replacement, Rule 105.

* * * * *

(E) * * *

(4) Previously approved on November

4, 1996 in paragraph (c)(179)(i)(E)(1) of

this section and now deleted without

replacement, Rule 1.4.

* * * * *

(246) * * *

(i) * * *

(A) * * *

(3) Previously approved on September

16, 1997 in paragraph (c)(246)(i)(A)(1) of

this section and now deleted without

replacement, Rule 223.

* * * * *

[FR Doc. 02–189 Filed 1–17–02; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[OPP–301204; FRL–6817–6]

RIN 2070–AB78

Imidacloprid; Reestablishment of

Tolerance for Emergency Exemptions

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This regulation reestablishes a

time-limited tolerance for the combined

residues of the insecticide imidacloprid

(1-[6-chloro-3-pyridinyl)methyl]-Nnitro-2-imidazolidinimine) and its

metabolites containing the 6-

chloropyridinyl moiety, all expressed as

parent in or on blueberries at 1.0 part

per million (ppm) for an additional 2–

year period. This tolerance will expire

and is revoked on December 31, 2003.

This action is in response to EPA’s

granting of an emergency exemption

under section 18 of the Federal

Insecticide, Fungicide, and Rodenticide

Act (FIFRA) authorizing use of the

pesticide on blueberries. Section

408(l)(6) of the Federal Food, Drug, and

Cosmetic Act (FFDCA) requires EPA to

establish a time-limited tolerance or

exemption from the requirement for a

tolerance for pesticide chemical

residues in food that will result from the

use of a pesticide under an emergency

exemption granted by EPA under

section 18 of FIFRA.

DATES: This regulation is effective

January 18, 2002. Objections and

requests for hearings, identified by

docket control number OPP–301204,

must be received by EPA on or before

March 19, 2002.

ADDRESSES: Written objections and

hearing requests may be submitted by

mail, in person, or by courier. Please

follow the detailed instructions for each

method as provided in Unit III. of the

SUPPLEMENTARY INFORMATION. To ensure

proper receipt by EPA, your objections

and hearing requests must identify

docket control number OPP–301204 in

the subject line on the first page of your

response.

FOR FURTHER INFORMATION CONTACT: By

mail: Andrew Ertman, Registration

Division (7505C), Office of Pesticide

Programs, Environmental Protection