26720 Federal Register / Vol. 63, No. 93 /Thursday, May 14, 1998 /Rules and Regulations

SUPPLEMENTARY INFORMATION: EPA is

today amending the table of currently

approved information collection request

(ICR) control numbers issued by OMB

for various regulations. Today’s

amendment updates the table to list

those information requirements

promulgated under the Urban Bus

Rebuild Requirements which appeared

in the Federal Register on April 21,

1993 (58 FR 21359). The affected

regulations are codified at 40 Code of

Federal Regulations (CFR) §§ 85.1401

through 85.1415. EPA will continue to

present OMB control numbers in a

consolidated table format to be codified

in 40 CFR part 9 of the Agency’s

regulations, and in each CFR volume

containing EPA regulations. The table

lists the section numbers with reporting

and record keeping requirements, and

the current OMB control numbers. This

listing of the OMB control numbers and

their subsequent codification in the CFR

satisfy the requirements of the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.) and OMB’s implementing

regulations at 5 CFR part 1320.

This ICR was previously subject to

public notice and comment prior to

OMB approval. As a result, EPA finds

that there is ‘‘good cause’’ under section

553(b)(B) of the Administrative

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

amend this table without prior notice

and comment. Due to the technical

nature of the table, further notice and

comment would be unnecessary.

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. However, section

808 provides that any rule for which the

issuing agency for good cause finds that

notice and public procedure thereon are

impracticable, unnecessary or contrary

to the public interest, shall take effect at

such time as the agency promulgating

the rule determines. 5 U.S.C. 808(2). As

stated previously, EPA has made such a

good cause finding, including the

reasons therefor, and established an

effective date of June 15, 1998. 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. This rule is not a ‘‘major rule’’

as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 9

Environmental protection, Reporting

and recordkeeping requirements.

Dated: May 5, 1998.

Richard D. Wilson,

Acting Assistant Administrator for Air and

Radiation.

For the reasons set out in the

preamble, part 9 of Title 40 of the Code

of Federal Regulations is amended as

follows:

PART 9—OMB APPROVALS UNDER

THE PAPERWORK REDUCTION ACT

[AMENDED]

1. The authority citation for part 9

continues to read as follows:

Authority: 7 U.S.C. 135 et seq., 136–136y;

15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671;

21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33

U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318,

1321, 1326, 1330, 1342, 1344, 1345 (d) and

(e), 1361; E.O. 11735, 38 FR 21243, 3 CFR,

1971–1975 Comp. p. 973; 42 U.S.C. 241,

242b, 243, 246, 300f, 300g, 300g–1, 300g–2,

300g–3, 300g–4, 300g–5, 300g–6, 300j–1,

300j–2, 300j–3, 300j–4, 300j–9, 1857 et seq.,

6901–6992k, 7401–7671q, 7542, 9601–9657,

11023, 11048.

2. In § 9.1 the table is amended by

adding the new entries under the

indicated heading in numerical order to

read as follows:

§ 9.1 OMB approvals under the Paperwork

Reduction Act.

* * * * *

CONTROL OF AIR POLLUTION FROM

MOTOR VEHICLES AND MOTOR VEHICLE ENGINES

40 CFR citation OMB control No.

* * * * *

85.1403 ..................................... 2060–0302

85.1404 ..................................... 2060–0302

85.1406 ..................................... 2060–0302

85.1407 ..................................... 2060–0302

85.1408 ..................................... 2060–0302

85.1409 ..................................... 2060–0302

85.1410 ..................................... 2060–0302

85.1411 ..................................... 2060–0302

85.1412 ..................................... 2060–0302

85.1413 ..................................... 2060–0302

85.1414 ..................................... 2060–0302

85.1415 ..................................... 2060–0302

* * * * *

[FRDoc. 98–12852 Filed 5–13–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[AZ–007–FON FRL–6010–3]

Finding of Failure To Submit Required

State Implementation Plans for Carbon

Monoxide; Arizona; Phoenix Carbon

Monoxide Nonattainment Area

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: Under the Clean Air Act

(Act), EPA is taking final action to find

that the State of Arizona has failed to

make required State Implementation

Plan (SIP) submittals for the

metropolitan Phoenix carbon monoxide

(CO) nonattainment area. These

required submittals are the serious area

plan requirements for attainment of the

CO national ambient air quality

standards (NAAQS). The deadline for

these submittals was February 28, 1998.

This final action triggers the 18-month

time clock for mandatory application of

sanctions and 2-year time clock for a

Federal Implementation Plan under the

Act. This action is consistent with the

Act’s mechanism for assuring timely SIP

submissions.

EFFECTIVE DATE: April 27, 1998.

FOR FURTHER INFORMATION CONTACT:

Frances Wicher, Office of Air Planning

(AIR–2), Air Division, U.S. EPA, Region

9, 75 Hawthorne Street, San Francisco,

California, 94105–3901, telephone (415)

744–1248.

SUPPLEMENTARY INFORMATION:

I. Background

A. Serious Area CO Planning

Requirements for the Phoenix

Metropolitan Area

Under sections 107(d)(1)(C) and

186(a) of the Clean Air Act (Act or

CAA), the Phoenix metropolitan area

was designated nonattainment and

classified as ‘‘moderate’’ for carbon

monoxide. The nonattainment

designation and classification are

codified in 40 CFR part 81. See 56 FR

56694 (November 6, 1991). Moderate CO

nonattainment areas were given until

December 31, 1995 to attain the CO

NAAQS.

The Act provides that moderate areas

that the Administrator finds have failed

to attain by their moderate area

deadlines are reclassified to serious by

operation of law, CAA section 186(b)(2).

Reclassified areas are then required to

submit revised SIPs to address the
Federal Register / Vol. 63, No. 93 /Thursday, May 14, 1998 /Rules and Regulations 26721

1Serious CO nonattainment areas are also

required to adopt and implement enhanced vehicle

inspection and maintenance programs, see CAA

section 187(a)(6). Arizona has already made the

required submission of this program and EPA

approved the program on May 8, 1995 (60 FR

22519).

2 In a 1994 rulemaking, EPA established the

Agency’s selection of the sequence of these two

sanctions: the offset sanction under section

179(b)(2) shall apply at 18 months, followed 6

months later by the highway sanction under section

179(b)(1) of the Act. EPA does not choose to deviate

from this presumptive sequence in this instance.

For more details on the timing and implementation

of the sanctions, see 59 FR 39832 (August 4, 1994),

promulgating 40 CFR 52.31, ‘‘Selection of sequence

of mandatory sanctions for findings made pursuant

to section 179 of the Clean Air Act.’’

serious area CO requirements. These

planning requirements are set forth in

CAA section 187(b).

On July 29, 1996, EPA published a

final reclassification of the metropolitan

Phoenix CO nonattainment area to

serious (61 FR 39343). The

reclassification became effective 30 days

later on August 28, 1996. Under the

schedule established by the

Administrator pursuant to CAA section

187(f) in the reclassification notice, the

State of Arizona was required to submit

a serious area plan addressing the CO

NAAQS for the area by February 28,

1998, 18 months after the effective date

of the reclassification.

These requirements, as they pertain to

the Phoenix nonattainment area,

include:

(a) A demonstration of attainment of

the CO NAAQS as expeditiously as

practicable but no later than December

31, 2000 including annual emission

reductions as are necessary to attain the

standard by that date (CAA sections

187(a)(7) and 186(a)(1));

(b) A forecast of vehicle miles traveled

(VMT) for each year before the

attainment year and provisions for

annual updates of these forecasts (CAA

section 187(a)(2)(A));

(c) A comprehensive, accurate, and

current inventory of actual emissions

from all sources (CAA section 187(a)(1));

(d) Adopted contingency measures

(CAA sections 172(c)(9) and 187(a)(3)),

and

(e) Adopted transportation control

measures and strategies to offset any

growth in CO emissions from growth in

VMT or number of vehicle trips (CAA

sections 187(b)(2)).1

B. Consequences of a Failure to Submit

Finding

The Maricopa Association of

Governments, the Arizona Department

of Environmental Quality, and the

Maricopa County Environmental

Services Department have been working

on the serious area CO plan since the

Phoenix area was reclassified in July,

1996. These efforts have included

development of an emission inventory,

regional and ‘‘hotspot’’ air quality

modeling, and evaluation of candidate

control measures.

Notwithstanding the significant

efforts by these agencies, the State has

failed to meet the February 28, 1998

deadline for the required SIP submittals;

therefore, EPA is required to find that

the State of Arizona has failed to make

the required SIP submittals for the

Phoenix area CO nonattainment area.

The CAA establishes specific

consequences if EPA finds that a state

has failed to meet certain requirements

of the CAA. Of particular relevance here

is CAA section 179(a)(1), the mandatory

sanctions provision. Section 179(a) sets

forth four findings that form the basis

for application of a sanction. The first

finding, that a State has failed to submit

a plan required under the CAA, is the

finding relevant to this rulemaking.

If Arizona has not made the required

complete submittals within 18 months

of the effective date of today’s

rulemaking, pursuant to CAA section

179(a) and 40 CFR 52.31, the offset

sanction identified in CAA section

179(b) will be applied in the affected

area. If the State has still not made

complete submittals 6 months after the

offset sanction is imposed, then the

highway funding sanction will apply in

the affected area, in accordance with 40

CFR 52.31.2 In addition, CAA section

110(c) provides that EPA must

promulgate a federal implementation

plan (FIP) no later than 2 years after a

finding under section 179(a).

The 18-month clock will stop and the

sanctions will not take effect if, within

18 months after the date of the finding,

EPA finds that the State has made a

complete submittal of a plan addressing

the serious area CO requirements for

Phoenix area. In addition, EPA will not

promulgate a FIP if the State makes the

required SIP submittals and EPA takes

final action to approve the submittals

within 2 years of EPA’s findings (section

110(c)(1) of the Act).

II. Final Action

A. Rule

EPA is making a finding of failure to

submit for the Phoenix CO

nonattainment area, due to failure of the

State to submit SIP revisions addressing

the Clean Air Act’s serious area plan

requirements for the CO standard.

B. Effective Date under the

Administrative Procedures Act

Because EPA is issuing this action as

a rulemaking, the Administrative

Procedures Act (APA) applies.

The action will be effective on the

date this action is signed, April 27,

1998. Under the APA, 5 U.S.C.

553(d)(3), agency rulemaking may take

effect before 30 days after the date of

publication in the Federal Register if an

agency has good cause to mandate an

earlier effective date. This action

concerns SIP submittals that are already

overdue and the State and general

public are aware of applicable

provisions of the CAA relating to

overdue SIPs. In addition, this action

simply starts a ‘‘clock’’ that will not

result in sanctions for 18 months and

that the State may ‘‘turn off’’ through

the submission of complete SIP

submittals. These reasons support an

effective date prior to 30 days after the

date of publication.

C. Notice-and-Comment Under the

Administrative Procedures Act

This action is a final agency action

but is not subject to the notice-andcomment requirements of the APA, 5

U.S.C. 533(b). EPA believes that because

of the limited time provided to make

findings of failure to submit regarding

SIP submittals, Congress did not intend

such findings to be subject to noticeand-comment rulemaking. However, to

the extent such findings are subject to

notice-and-comment rulemaking, EPA

invokes the good cause exception

pursuant to the APA, 5 U.S.C. 553(d)(3).

Notice and comment are unnecessary

because no EPA judgment is involved in

making a nonsubstantive finding of

failure to submit SIPs required by the

CAA. Furthermore, providing notice

and comment would be impracticable

because of the limited time provided

under the statute for making such

determinations. Finally, notice and

comment would be contrary to the

public interest because it would divert

Agency resources from the critical

substantive review of submitted SIPs.

See 58 FR 51270, 51272, note 17

(October 1, 1993); 59 FR 39832, 39853

(August 4, 1994).

III. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget

(OMB) has exempted this action from

review under Executive Order 12866.

B. Regulatory Flexibility Act

Under the Regulatory Flexibility Act

(RFA), 5 U.S.C. 600 et seq., EPA must

prepare a regulatory flexibility analysis
26722 Federal Register / Vol. 63, No. 93 /Thursday, May 14, 1998 /Rules and Regulations

assessing the impact of any proposed or

final rule on small entities. 5 U.S.C. 603

and 604. Alternatively, EPA may certify

that the rule will not have a significant

impact on a substantial number of small

entities. Small entities include small

business, small not-for-profit enterprises

and government entities with

jurisdiction over populations of less

than 50,000.

As discussed in section III.C. below,

findings of failure to submit required

SIP revisions do not by themselves

create any new requirements. Therefore,

I certify that today’s action does not

have a significant impact on small

entities.

C. Unfunded Mandates Act

Under sections 202, 203, and 205 of

the Unfunded Mandates Reform Act of

1995 (‘‘Unfunded Mandates Act’’)

signed into law on March 22, 1995, EPA

must undertake various actions in

association with proposed or final rules

that include a Federal mandate that may

result in estimated costs of $100 million

or more to the private sector, or to State,

local, or tribal governments in the

aggregate.

In addition, under the Unfunded

Mandates Act, before EPA establishes

any regulatory requirements that may

significantly or uniquely affect small

governments, including tribal

governments, EPA must have

developed, under section 203, a small

government agency plan.

EPA has determined that today’s

action is not a Federal mandate. The

CAA provision discussed in this notice

requires states to submit SIPs. This

notice merely provides findings that

Arizona has not met that requirement.

This notice does not, by itself, require

any particular action by any State, local,

or tribal government, or by the private

sector.

For the same reasons, EPA has

determined that this rule contains no

regulatory requirements that might

significantly or uniquely affect small

governments.

D. Submission to Congress and the

General Accounting Office

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. However, section

808 provides that any rule for which the

issuing agency for good cause finds (and

incorporates the finding and a brief

statement of reasons therefor in the rule)

that notice and public procedure

thereon are impracticable, unnecessary

or contrary to the public interest, shall

take effect at such time as the agency

promulgating the rule determines. 5

U.S.C. 808(2). As stated previously, EPA

has made such a good cause finding,

including the reasons therefor, and

established an effective date of April 27,

1998. 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. This rule is not a

‘‘major rule’’ as defined by 5 U.S.C.

804(2).

E. Paperwork Reduction Act

This rule does not contain any

information collection requirements

which require OMB approval under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

F. Judicial Review

Under CAA Section 307(b)(1), a

petition to review today’s action may be

filed in the Court of Appeals for the

appropriate circuit by July 13, 1998.

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) of the Act.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide,

Intergovernmental relations.

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

Dated: April 27, 1998.

Felicia Marcus,

Regional Administrator, Region IX.

[FR Doc. 98–12853 Filed 5–13–98; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Health Care Financing Administration

Centers for Disease Control and

Prevention

42 CFR Part 493

[HCFA–2239–F]

RIN 0938–AH82

CLIA Program; Simplifying CLIA

Regulations Relating to Accreditation,

Exemption of Laboratories Under a

State Licensure Program, Proficiency

Testing, and Inspection

AGENCY: Health Care Financing

Administration (HCFA), and Centers for

Disease Control and Prevention (CDC),

HHS.

ACTION: Final rule.

SUMMARY: This final rule responds to

selected comments received on a final

rule with a comment period

implementing the Clinical Laboratory

Improvement Amendments of 1988,

which was published in the Federal

Register on February 28, 1992, in the

areas of proficiency testing and

inspections for clinical laboratories. In

responding to these comments, we

accommodate, when possible, the

Administration’s regulatory reform

initiative by reducing duplicative

material, emphasizing outcome-oriented

results, and simplifying regulations. In

that regard, we also are streamlining our

regulations in the areas of State

exemption, and granting deemed status

to laboratories accredited by an

approved accreditation organization.

EFFECTIVE DATE: These regulations are

effective on June 15, 1998.

Copies: To order copies of the Federal

Register containing this document, send

your request to: New Orders,

Superintendent of Documents, P.O. Box

371954, Pittsburgh, PA 15250–7954.

Specify the date of the issue requested

and enclose a check or money order

payable to the Superintendent of

Documents, or enclose your Visa or

Master Card number and expiration

date. Credit card orders can also be

placed by calling the order desk at (202)

512–1800 or by faxing to (202) 512–

2250. The cost for each copy is $8. As

an alternative, you can view and

photocopy the Federal Register

document at most libraries designated

as Federal Depository Libraries and at

many other public and academic

libraries throughout the country that

receive the Federal Register.

This Federal Register document is

also available from the Federal Register