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Federal Register / Vol. 62, No. 124 / Friday, June 27, 1997 / Rules and Regulations

footnotes 8 and 12 following the entry

"7/16"" to appropriate footnote size.

9. Section 7.98(q)(7) Table F-1,

footnote 12, on page 55521, is corrected

by changing "f" to read "If" in the first

word of the sentence.

§7.100 [Corrected]

10. Section 7.100(a)(3)(iii)(B) and (C)

on page 55523, column two, is corrected

by deleting the words "rated speed"

from the first sentence of each

paragraph.

PART 75-[AMENDED]

11. The authority citation for part 75

continues to read as follows:

Authority: 30 U.S.C. 811.

12. The preamble discussion of

§ 75.1906(1), on page 55455, is corrected

by deleting the last sentence which

begins at the bottom of column two and

ends at the top of column three.

13. The preamble discussion of

§ 75.1909(c)(5), on page 55468, is

corrected by removing the words

"without the engine operating" in the

last line of column one and the first line

of column two, and adding in their

place the words "without shutting down

the engine".

§ 75.325 [Corrected]

14. Section 75.325(k), on page 55527,

column two, is corrected by changing

the effective date in the first sentence

from "November 25, 1977" to read

"November 25, 1997."

§75.1909 [Corrected]

15. Section 75.1909(c)(5) on page

55531, column two, is corrected by

replacing the words "without the engine

operating" in lines three and four with

the words "without shutting down the

engine".

[FR Doc. 97 16878 Filed 6 26 97; 8:45 am]

BILLING CODE 4510-43-P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR PART 52

[AS-AZ-CA-HW-N V-000-0002; FRL-5847-

8]

Correction of Implementation Plans;

American Samoa, Arizona, California,

Hawaii, and Nevada State

Implementation Plans

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is finalizing the

promulgation of corrections to the

American Samoa State Implementation

Plan (SIP), the Arizona SIP, the

California SIP, the Hawaii SIP, and the

Nevada SIP. The proposed rule was

published in the Federal Register on

July 25, 1996. These corrections concern

the deletion from the SIPs of a variety

of administrative provisions concerning

variances, hearing board procedures,

and fees. The intended effect of

promulgating these corrections to the

SIPs is to delete the above referenced

rules and make the SIPs consistent with

the requirements of the Clean Air Act,

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

regarding EPA action on SIP submittals

and SIPs for national primary and

secondary ambient air quality standards.

EFFECTIVE DATE: This rule is effective on

July 28, 1997.

ADDRESSES: Copies of the rules being

deleted are available for public

inspection at EPA's Region IX office

during normal business hours. Copies of

the rules are also available for

inspection 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,

Telephone: (415) 744-1184.

SUPPLEMENTARY INFORMATION:

I. Public Inspection

Arizona Department of Environmental

Quality, P.O. Box 600, Phoenix, CA

85001-0600,

Coconino County Air Pollution Control

District, 1515 East Cedar Avenue,

Flagstaff, AZ 86004

Maricopa County, Environmental

Services Department, 2406 S. 24th

Street, Suite E-214, Phoenix, AZ

85034

Pima County Department of

Environmental Quality, 130 West

Congress Street, 3rd Floor, Tucson,

AZ 85701-1317

Pinal County Air Quality Control

District, P.O. Box 987, Florence, AZ

85232

California Air Resources Board

Stationary Source Division, Rule

Evaluation Section, 2020 "L" Street,

Sacramento, CA 95814

Amador County Air Pollution Control

District, 500 Argonaut Lane,

Jackson, CA 95642

Bay Area Air Quality Management

District, 939 Ellis Street, San

Francisco, CA 94109

Butte County Air Quality Management

District, 2525 Dominic Drive, Chico,

CA 95928

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

Glenn County Air Pollution Control

District, P.O. Box 351, Willows, CA

95988

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 290, Bakersfield, CA

93301

Lake County Air Quality Management

District, 883 Lakeport Blvd.,

Lakeport, CA 95453

Lassen County Air Pollution Control

District, 175 Russell Avenue,

Susanville, CA 96130

Mariposa County Air Pollution Control

District, P.O. Box 2039, 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, 15428 Civic Drive, Suite

200, Victorville, CA 92392

Monterey Bay Unified Air Pollution

Control District, 24580 Silver Cloud

Ct., Monterey, CA 93940

Northern Sierra Air Quality

Management District, P.O. Box 2509

Grass Valley, CA 95945

North Coast Unified Air Quality

Management District, 2389 Myrtle

Avenue, Eureka, CA 95501

Northern Sonoma County Air Pollution

Control District, 109 North Street,

Healdsburg, CA 95448

Placer County Air Pollution Control

District, 11464 B Avenue, Auburn,

CA 95603

Sacramento Metropolitan Air Quality

Management District, 8411 Jackson

Road, Sacramento, CA 95826

San Diego County Air Pollution Control

District, 9150 Chesapeake Drive,

San Diego, CA 92123-1096

San Joaquin Valley Unified Air

Pollution Control District

(Formerly: Fresno County APCD,

Kern County APCD, Kings County

APCD, Madera County APCD,

Merced County APCD, San Joaquin

County APCD, Stanislaus County

APCD, and Tulare County APCD),

1999 Tuolumne Street, Suite 200,

Fresno, CA 93721

34641

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34642 Federal Register / Vol. 62, No. 124 / Friday, June 27, 1997 / Rules and Regulations

San Luis Obispo Air Pollution Control

District, 2156 Sierra Way, Suite B,

San Luis Obispo, CA 93401

Santa Barbara County Air Pollution

Control District, 26 Castilian Drive,

B-23, Goleta, CA 93117

Shasta County Air Quality Management

District, 1640 West Street, Redding,

CA 96001

South Coast Air Quality Management

District, 21865 E. Copley Drive,

Diamond Bar, CA 91765

Sutter County Air Pollution Control

District (Now Feather River Air

Quality Management District), 938

14th Street, Marysville, CA 95901

Tehama County Air Pollution Control

District, 1750 Walnut Street, Red

Bluff, CA 96080

Tuolumne County Air Pollution Control

District, 2 South Green Street,

Sonora, CA 95370

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

Hawaii Department of Health,

Environmental Management

Division, P.O. Box 3378, Honolulu,

HI 96801

American Samoa Environmental Quality

Commission, Governor's Office,

Pago Pago, American Samoa 96799

Nevada Division of Environmental,

Protection, 333 West Nye Lane,

Carson City, NV 89710

Clark County Air Pollution Control

Division, P.O. Box 4426, Las Vegas,

NV 89127

II. Applicability

The rules being deleted from the

American Samoa, Arizona, California,

Hawaii, and Nevada SIPs include

administrative provisions concerning

variances, hearing board procedures,

and fees. These rules were submitted by

the respective state agencies to EPA

prior to the Clean Air Act amendments

of 1990. The rules and statutes being

deleted from each SIP were listed in the

proposed rule published in the Federal

Register on July 25, 1996 (61 FR 38664).

III. Background

On July 25, 1996 in 61 FR 38664, EPA

proposed to delete various rules from

the American Samoa, Arizona,

California, Hawaii, and Nevada SIPs.

EPA has determined that the rules to be

deleted from the above-referenced SIPs

were erroneously incorporated into the

SIPs by EPA. In addition, the variance

provisions were rendered without legal

effect by amendments to the Clean Air

Act enacted by Congress in 1977. In

addition, the presence of these

provisions in the SIPs is potentially

confusing, and thus, harmful to the

regulated community, the states and

EPA.

IV. Response to Public Comments

A 30-day public comment period was

provided in 61 FR 38664. EPA received

three comments, one from the Arizona

Department of Environmental Quality

(ADEQ), the second from the Pinal

County Air Quality Control District

(PCAQCD) in Arizona, and the third

from the Mojave Desert Air Quality

Management District (MDAQMD) in

California.

Comment: The ADEQ commented that

they agreed that improvements must be

made to Arizona's SIP, but they opposed

the proposed action because EPA failed

to coordinate with the State or the local

air pollution control agencies in

Arizona. The ADEQ also objected to the

piecemeal repeal of portions of the SIP.

Response: EPA has evaluated the

comment and agrees that it was an

oversight not to communicate this

action to each State and local agency

prior to its being published in the

Federal Register. While EPA has no

legal obligation to do so, such

communication is appropriate to

maintain good working relationships

between the State and Federal agencies.

EPA has since contacted the ADEQ and

apologized for not communicating its

intention to update the SIP and

explained that EPA is in the process of

evaluating other types of updates as

well. As a result, EPA is proceeding

with the deletion of these provisions

from the Arizona SIP.

Comment: The PCAQCD commented

that they endorse EPA's proposed repeal

of parts of the Arizona SIP. In a previous

letter to EPA, the PCAQCD expressly

asked that the subject provisions be

deleted as SIP elements.

Response: EPA agrees with this

comment and is proceeding with the

deletion of these provisions from the

Arizona SIP.

Comment: The MDAQMD commented

that they support EPA's action to delete

rules relating to variances from the SIP.

They noted some errors in the titles and

numbers of the rules proposed to be

deleted. The MDAQMD requested that

additional rules be deleted that were

originally submitted for the South Coast

Air Quality Management District

(SCAQMD). At one time the SCAQMD

included the Palo Verde/Blythe area of

Riverside County. Since the approval of

these rules into the SIP, the Palo Verde

Valley/Blythe area has been added to

the jurisdiction of the MDAQMD.

Response: While this comment was

received after the close of the comment

period, EPA believes it includes

important information that should be

considered in this rulemaking. EPA

agrees with the MDAQMD comment

that certain rules listed in the proposal

were numbered incorrectly and will

delete the rules as correctly numbered

by the MDAQMD. The SCAQMD rules

that pertain to the Palo Verde/Blythe

area of Riverside County cannot be

deleted in this final action because they

were not proposed for deletion in the

proposed rule published on July 25,

1996. EPA will evaluate these rules and

determine if they can be deleted in a

future action.

V. EPA Action

EPA has reviewed the rules

previously incorporated into the

American Samoa, Arizona, California,

Hawaii, and Nevada SIPs and has

determined that the rules were

approved in error. These rules include

administrative provisions regarding

variances, hearing board procedures,

and fee provisions. These rules were

listed in Table 1 in the proposed rule.

Therefore, EPA is deleting the rules

from these SIPs under section 110(k)(6)

of the Act, which gives EPA the

authority to revise existing SIPs by

removing rules without additional State

submission to correct an error.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

request for revision to any state

implementation plan. Each request for

revision to the state implementation

plan shall be considered separately in

light of specific technical, economic,

and environmental factors and in

relation to relevant statutory and

regulatory requirements.

VI. Administrative Requirements

A. Executive Order 12866

This action has been classified as a

Table 3 action for signature by the

Regional Administrator under the

procedures published in the Federal

Register on January 19, 1989 (54 FR

2214-2225), as revised by a July 10,

1995 memorandum from Mary Nichols,

Assistant Administrator for Air and

Radiation. The Office of Management

and Budget (OMB) has exempted this

regulatory action from E.O. 12866

review.

B. Regulatory Flexibility Act

Under the Regulatory Flexibility Act,

5 U.S.C. 600 et seq., EPA must prepare

a regulatory flexibility analysis

assessing the impact of any proposed or

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

and 604. Alternatively, EPA may certify

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Federal Register / Vol. 62, No. 124 / Friday, June 27, 1997 / Rules and Regulations

that the rule will not have a significant

impact on a substantial number of small

entities. Small entities include small

businesses, small not-for-profit

enterprises, and government entities

with jurisdiction over populations of

less than 50,000.

SIP approvals under section 110 and

subchapter I, part D of the Clean Air Act

do not create any new requirements but

simply approve requirements that the

State is already imposing. Therefore,

because the Federal SIP approval does

not impose any new requirements, the

Administrator certifies that it does not

have a significant impact on any small

entities affected. Moreover, due to the

nature of the Federal-State relationship

under the CAA, preparation of a

flexibility analysis would constitute

Federal inquiry into the economic

reasonableness of state action. The

Clean Air Act forbids EPA to base its

actions concerning SIPs on such

grounds. Union Electric Co. v. U.S. EPA,

427 U.S. 246, 255-66 (1976); 42 U.S.C.

7410(a)(2).

C. Unfunded Mandates

Under Section 202 of the Unfunded

Mandates Reform Act of 1995

("Unfunded Mandates Act"), signed

into law on March 22, 1995, EPA must

prepare a budgetary impact statement to

accompany any proposed or final rule

that includes a Federal mandate that

may result in estimated costs to State,

local, or tribal governments in the

aggregate; or to private sector, of $100

million or more. Under section 205,

EPA must select the most cost-effective

and least burdensome alternative that

achieves the objectives of the rule and

is consistent with statutory

requirements. Section 203 requires EPA

to establish a plan for informing and

advising any small governments that

may be significantly or uniquely

impacted by the rule.

EPA has determined that the approval

action promulgated does not include a

Federal mandate that may result in

estimated costs of $100 million or more

to either State, local, or tribal

governments in the aggregate, or to the

private sector. This Federal action

approves pre-existing requirements

under State or local law, and imposes

no new Federal requirements.

Accordingly, no additional costs to

State, local, or tribal governments, or to

the private sector, result from this

action.

D. Submission to Congress and the

General Accounting Office

Under 5 U.S.C. 801(a)(1)(A) of the

Administrative Procedure Act (APA) as

amended by the Small Business

Regulatory Enforcement Fairness Act of

1996, EPA submitted 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 General Accounting

Office prior to publication of the rule in

today's Federal Register. This rule is

not a "major" as defined by 804(2) of

the APA as amended.

E. Petitionsfor Judicial Review

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 August 26, 1997.

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, Carbon monoxide,

Hydrocarbons, Intergovernmental

relations, Nitrogen dioxide, Ozone,

Particulate matter, Reporting and

recordkeeping requirements, Volatile

organic compounds.

Note: Incorporation by reference of the

State Implementation Plan for the State of

California was approved by the Director of

the Federal Register on July 1, 1982.

Dated: June 15, 1997.

Felicia Marcus,

Regional A dm inistrator.

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 7671q.

Subpart D-Arizona

2. Section 52.120 is amended by

adding paragraphs (c)(3)(i), (c)(18)(i)(A),

(c)(18)(iv)(A), (c)(38)(i)(C), (c)(50)(ii)(C),

(c)(51)(i)(B), and (c)(52)(ii)(B) to read as

follows:

§52.120 Identification of plan. * * * * *

(c)* * *

(3)* * *

(i) Maricopa County Bureau of Air

Pollution Control.

(A) Previously approved on

September 22, 1972 and now deleted

without replacement Rules 60 to 67. * * * * *

(18)* * *

(i) * * *

(A) Previously approved on November

15, 1978 and now deleted without

replacement Rules 12-7-2, 12-7-3, 12-

7-5, and 12-7-6. * * * * *

(iv) * * *

(A) Previously approved on November

15, 1978 and now deleted without

replacement Rules 7-1-4.1 to 7-1-4.2

and 7-1-5.1 to 7-1 5.6. * * * * *

(38) * * *

(i) * * *

(C) Previously approved on April 16,

1982 and now deleted without

replacement Rules 141, 143 to 147, 702,

and 711 to 714. * * * * *

(50) * * *

(ii) * * *

(C) Previously approved on June 18,

1982 and now deleted without

replacement Statutes 36-781, 36-782,

36-784, 36-784.01 to 36-784.04, 36-

785, 36-785.01, and 36-786 to 36-788. * * * * *

(51)* * *

(i) * * *

(B) Previously approved on April 16,

1982 and now deleted without

replacement Rule 142. * * * * *

(52) * * *

(ii) * * *

(B) Previously approved on June 18,

1982 and now deleted without

replacement Statutes 36-1709 to 36-

1712, 36-1712.01 to 36-1712.04, 36-

1713, 36-1713.01, and 36-1714 to 36-

1716.

* * * * *

Subpart F-California

3. Section 52.220 is amended by

adding paragraphs (b)(1) through (b)(3),

(c)(6)(i)(B), (c)(6) (ii) through (xiv),

(c)(21)(vi)(B), (c)(21)(ix)(C),

(c)(21)(xiv)(B), (c)(24)(vi)(C),

(c)(24)(vii)(D), (c)(24)(ix)(C), (c)(25)(i)(E),

(c)(25)(ii)(D), (c)(25)(iv)(B),

(c)(26)(iv)(C), (c)(26)(vii)(B),

(c)(26)(viii)(C), (c)(26)(xvi)(D),

(c)(26)(xvii) (B) and (C), (c)(27)(vii)(B),

(c)(28)(iv)(B), (c)(30)(x)(B), (c)(31)(i)(F),

(c)(3 1)(xiii)(B), (c)(3 1)(xviii)(D),

(c)(32)(ii)(B), (c)(32)(iii)(E),

(c)(32)(iv)(D), (c)(32)(iv)(E),

(c)(35)(iii)(C), (c)(35)(v)(B), (c)(35)(vi)(C),

(c)(35)(xii)(F), (c)(35)(xiii)(C),

(c)(35)(xiv)(E), (c)(35)(xv)(E),

(c)(35)(xvi)(C), (c)(35)(xvii)(D),

34643

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(c)(37)(iv)(D), (c)(37)(v)(C), (c)(39)(ii)(F),

(c)(39)(iii)(F), (c)(39)(iv)(F),

(c)(39)(vii)(C), (c)(39)(viii)(C),

(c)(39)(ix)(B), (c)(39)(x)(B), (c)(41)(ii)(D),

(c)(41)(ix)(C), (c)(41)(x) (B) and (C),

(c)(41)(xii)(B), (c)(42)(i)(E),

(c)(42)(iii)(C), (c)(42)(xiii)(D),

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

(c)(44)(v)(B), (c)(45)(iii)(B), (c)(50)(i)(B),

(c)(50)(ii)(B), (c)(50)(iii)(B),

(c)(50)(iv)(B), (c)(50)(v)(B), (c)(51)(i)(C), (c)(51)(iii)(B), (c)(51)(iv)(B), (c)(51)(v)(B),

(c)(51)(vi)(B), (c)(51)(vii)(D), (c)(51)(viii)

(D) and (E), (c)(51)(ix)(D), (c)(51)(xii)(C),

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

(c)(51)(xvi)(B), (c)(51)(xx)(B), (c)(52)(iv)

(D) and (E), (c)(52)(ix)(C), (c)(52)(xi)(B),

(c)(52)(xii)(B), (c)(52)(xv)(C),

(c)(52)(xix)(C), (c)(54)(iii)(B),

(c)(54)(iv)(D), (c)(58)(ii)(C), (c)(74)(i)(B),

(c)(87)(vi)(B), (c)(88)(i)(D), (c)(89)(vi)(B),

(c)(92)(ii)(D), (c)(93)(iv)(C), (c)(95)(v)(C),

(c)(96)(iii)(B), (c)(98)(i)(D),

(c)(101)(ii)(E), (c)(103)(ii)(D),

(c)(103)(iv)(E), (c)(103)(vi)(B),

(c)(103)(vii)(B), (c)(103)(viii)(B),

(c)(103)(ix)(B), (c)(103)(x)(B),

(c)(103)(xii)(C), (c)(103)(xiv)(B),

(c)(103)(xvii)(B), (c)(103)(xviii)(B),

(c)(124)(iii)(B), (c)(124)(v)(C),

(c)(124)(vi)(C), (c)(124)(vii)(C),

(c)(124)(viii)(C), (c)(124)(ix)(C),

(c)(124)(x)(C), (c)(125)(iv)(B), (c)(125)(vi)(B), (c)(126)(i)(C),

(c)(126)(iii)(C), (c)(126)(v)(C), (c)(127)

introductory text, (c)(127)(iii)(B),

(c)(127)(vi)(B), (c)(127)(vii)(D),

(c)(137)(ii)(D), (c)(137)(iv)(C),

(c)(137)(vii)(C), (c)(137)(viii)(B),

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

(c)(153)(ii)(C), (c)(154)(i)(C), (c)(154)(iii)(C), (c)(159)(iii)(B),

(c)(168)(i)(A)(3), (c)(168)(i)(E)(3),

(c)(171)(i)(D)(5), and (c)(177)(i)(D)(2) to

read as follows:

§52.220 Identification of plan. * * * * *

(b)* * *

(1) Mendocino County APCD.

(i) Previously approved on May 31,

1972 and now deleted without

replacement Parts XI, XII, and Part XIII.

(2) Placer County APCD.

(i) Previously approved on May 31,

1972 and now deleted without

replacement Rule 42 (Mountain

Counties Air Basin), Rules 40 and 42

(Lake Tahoe Air Basin).

(3) Tehama County APCD.

(i) Previously approved on May 31,

1972 and now deleted without

replacement Rule 5.1. * * * * *

(c) * * *

(6)* * *

(i) * * *

(B) Previously approved on

September 22, 1972 and now deleted

without replacement Rules 44, 75, 77 to

80, 82 to 84, and 86 to 91.

(ii) Calaveras County APCD.

(A) Previously approved on

September 22, 1972 and now deleted

without replacement Rule 305.

(iii) Colusa County APCD.

(A)Previously approved on September

22, 1972 and now deleted without

replacement Rules 3.1 and 5.1 to 5.17.

(iv) Fresno County APCD.

(A) Previously approved on

September 22, 1972 and now deleted

without replacement Rules 501, 502,

504, 506, 508 to 512, 514, 516, and 517.

(v) Glenn County APCD.

(A) Previously approved on

September 22, 1972 and now deleted

without replacement Rules 111, 113 to

117, 119 to 125, and 150.

(vi) Kern County APCD (including

Southeast Desert).

(A) Previously approved on

September 22, 1972 and now deleted

without replacement Rules 502, 505 to

510, 512 to 515, and 517.

(vii) Kings County APCD.

(A) Previously approved on

September 22, 1972 and now deleted

without replacement Rules 502 to 509,

511 to 517.

(viii) Lassen County APCD.

(A) Previously approved on

September 22, 1972 and now deleted

without replacement Rules 1.5, 3.1 and

5.1 to 5.17.

(ix) Madera County APCD.

(A) Previously approved on

September 22, 1972 and now deleted

without replacement Rules 507 to 510

and 512 to 517.

(x) Merced County APCD.

(A) Previously approved on

September 22, 1972 and now deleted

without replacement Rules 502, 503,

506 to 510, and 512 to 517.

(xi) Modoc County APCD.

(A) Previously approved on

September 22, 1972 and now deleted

without replacement Rules 1.5 and 4.1

to 4.17.

(xii) San Joaquin County APCD.

(A) Previously approved on

September 22, 1972 and now deleted

without replacement Rules 502 and 506

to 509.

(xiii) Stanislaus County APCD.

(A) Previously approved on

September 22, 1972 and now deleted

without replacement Rules 303, 304,

502, 505 to 510 and 512 to 517.

(xiv) Tulare County APCD.

(A) Previously approved on

September 22, 1972 and now deleted

without replacement Rules 303, 304,

501, 502, 506 to 514, and 516 to 518.

* * * * *

(21) * * *

(vi) * * *

(B) Previously approved on May 11,

1977 and now deleted without

replacement Rule 41. * * * * *

(ix) * * *

(C) Previously approved on August

22, 1977 and now deleted without

replacement Rule 510. * * * * *

(xiv) * * *

(B) Previously approved on June 14,

1978 and now deleted without

replacement Rules 4.4, 4.5, 5.2, 5.3, 5.5,

5.7 to 5.9, and 5.13 to 5.17. * * * * *

(24) * * *

(vi)* * *

(C) Previously approved on August

22, 1977 and now deleted without

replacement Rules 4.2 to 4.4, 4.8 to 4.10,

4.15, and 4.23.

(vii) * * *

(D) Previously approved on August

22, 1977 and now deleted without

replacement Rule 516 (including

Southeast Desert). * * * * *

(ix) * * *

(C) Previously approved on June 14,

1978 and now deleted without

replacement Rules 5.6 and 5.12. * * * * *

(25) * * *

(i) * * *

(E) Previously approved on August

22, 1977 and now deleted without

replacement Rule 505.

(ii) * * *

(D) Previously approved on August

22, 1977 and now deleted without

replacement Rules 504, 505, 510, 512 to

518, and 520. * * * * *

(iv) * * *

(B) Previously approved on August

22, 1977 and now deleted without

replacement Rule 503 to 505, 515, and

519.

* * * * *

(26) * * *

(iv) * * *

(C) Previously approved on May 11,

1977 and now deleted without

replacement Rules 118 and 122.1 to

122.3.

* * * * *

(vii) * * *

(B) Previously approved on August

22, 1977 and now deleted without

replacement Rules 503, 507, 513, and

515.

(viii) * * *

(C) Previously approved on August

22, 1977 and now deleted without

replacement Rules 601, 602, 604 to 609,

611 to 616, and 618. * * * * *

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(xvi) * * *

(D) Previously approved on June 14,

1978 and now deleted without

replacement Rules 705 to 709.

(xvii) * * *

(B) Previously approved on June 14,

1978 and now deleted without

replacement Rules 701, 707, 711 to 714,

and 716 (Mountain Counties Air Basin).

(C) Previously approved on June 14,

1978 and now deleted without

replacement Rules 701, 705, 707, 711 to

714, and 716 (Lake Tahoe Air Basin). * * * * *

(27) * * *

(vii)* * *

(B) Previously approved on June 14,

1978 and now deleted without

replacement Rules 701 to 703, 705 to

709, and 712 to 716. * * * * *

(28) * * *

(iv) * * *

(B) Previously approved on August

22, 1977 and now deleted without

replacement Rules 701, 704 to 709, 711

to 714, and 716. * * * * *

(30) * * *

(x)* * *

(B) Previously approved on June 14,

1978 and now deleted without

replacement Rules 501, 502, 506 to 509,

511 to 518, 801, 803 to 804, 807 to 811,

813 to 815, and 817. * * * * *

(31)* * *

(i) * * *

(F) Previously approved on June 6,

1977 and now deleted without

replacement Rules 600 to 615 and 800

to 817.

(xiii) * * *

(B) Previously approved on August

15, 1977 and now deleted without

replacement Rule 43. * * * * *

(xviii) * * *

(D) Previously approved on January

24, 1978 and now deleted without

replacement Rules 705 to 709 and 712

to 716. * * * * *

(32) * * *

(ii) *

(B) Previously approved on August

22, 1977 and now deleted without

replacement Rules 501, 404, and 511.

(iii) * * *

(E) Previously approved on June 14,

1978 and now deleted without

replacement Rules 105, 501, and 504.

(iv) * * *

(D) Previously approved on June 14,

1978 and now deleted without

replacement Rules 504, 505, 510, 802,

805, 806, 812, and 816.

(E) Previously approved on June 14,

1978 and now deleted without

replacement.

(1) Los Angeles County APCD Rule

505.

(2) Riverside County APCD Rule 505.

(3) San Bernardino County APCD

Rule 505. * * * * *

(35) * * *

(iii) * * *

(C) Previously approved on August

15, 1977 and now deleted without

replacement Rules 115 to 119, 112, and

128 to 129.

(v) * * *

(B) Previously approved on October 4,

1977 and now deleted without

replacement Rules 501.

(vi) * * *

(C) Previously approved on

September 21, 1976 and now deleted

without replacement Rules 105 and 305. * * * * *

(xii)* * *

(F) Previously approved on August 4,

1978 and now deleted without

replacement Rules 801 to 817.

(xiii) * * *

(C) Previously approved on March 22,

1978 and now deleted without

replacement Rules 105, 501, 504, and

511 (including Southeast Desert).

(xiv) * * *

(E) Previously approved on August 2,

1978 and now deleted without

replacement Rules 340, 510, and 620 to

650.

(xv)* * *

(E) Previously approved on November

7, 1978 and now deleted without

replacement rules 510, 620, 640, and

650.

(xvi)* * *

(C) Previously approved on August

16, 1978 and now deleted without

replacement Rules 340, 510, 600, 610,

620, 630, 640, and 650.

(xvii) * * *

(D) Previously approved on August 2,

1978 and now deleted without

replacement Rules 340, 510, and 620 to

650.

* * * * *

(37) * * *

(iv)* * *

(D) Previously approved on August 4,

1978 and now deleted without

replacement Rules 300, 800, 1600, 1601,

1610 to 1612, 1620, 1700 to 1701, 1710

to 1714, 1720 to 1725, 1730 to 1736, and

Tables I to V.

(v) * * *

(C) Previously approved on December

6, 1979 and now deleted without

replacement Rules 601 to 605, 700 to

704, and 705 to 716. * * * * *

(39) * * * (ii) * * *

(F) Previously approved on September

8, 1978 and now deleted without

replacement Rules 503 to 508, 510 to

516, 518, and 801 to 817.

(iii) * * *

(F) Previously approved on September

8, 1978 and now deleted without

replacement Rules 502 to 516, 518, and

801 to 817.

(iv) * * *

(F) Previously approved on September

8, 1978 and now deleted without

replacement Rules 503 to 516, 518, and

801 to 817. * * * * *

(vii) * * *

(C) Previously approved on June 6,

1977 and now deleted without

replacement Rules 600, 603 and 610.

(viii) * * *

(C) Previously approved on

September 14, 1978 and now deleted

without replacement Rules 601 to 602,

604 to 609, and 611.

(ix) * * *

(B) Previously approved on

September 14, 1978 and now deleted

without replacement Rules 602 to 605,

700, and 710.

(x) * * *

(B) Previously approved on

September 14, 1978 and now deleted

without replacement Rules 704, 710,

and 711(A). * * * * *

(41)* * *

(ii) * * *

(D) Previously approved on August

31, 1978 and now deleted without

replacement Rules 77, 85, and 96. * * * * *

(ix) * * *

(C) Previously approved on November

7, 1978 and now deleted without

replacement Rules 700, 702, 703, 710,

715.

(x)* * *

(B) Previously approved on November

15, 1978 and now deleted without

replacement Rules 703, 704, 708 to 710,

and 715 (Mountain Counties Air Basin).

(C) Previously approved on November

15, 1978 and now deleted without

replacement Rules 603 to 605, 702 to

704, 706, 708 to 710, and 715 (Lake

Tahoe Air Basin). * * * * *

(xii) * * *

(B) Previously approved on November

14, 1978 and now deleted without

replacement Rules 4.5 and 4.6.

* * * * *

(42) * * *

(i) * * *

(E) Previously approved on August

11, 1978 and now deleted without

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replacement Rules 501 to 512 and 514

to 516. * * * * *

(iii) * * *

(C) Previously approved on August 4,

1978 and now deleted without

replacement Rules 105 and 501. * * * * *

(xiii) * * *

(D) Previously approved on December

21, 1978 and now deleted without

replacement Rules 501, 502, and 509.

(xiv) * * *

(C) Previously approved on December

21, 1978 and now deleted without

replacement Rule 501. * * * * *

(44) * * *

(iv)* * *

(C) Previously approved on January

29, 1979 and now deleted without

replacement Rule 5.1, 5.10 and 5.11.

(v)* * *

(B) Previously approved on March 28,

1979 and now deleted without

replacement Rule 503. * * * * *

(45) * * *

(iii) * * *

(B) Previously approved on July 30,

1979 and now deleted without

replacement Rules 76 and 97. * * * * *

(50) * * *

(i) * * *

(B) Previously approved on October

31, 1980 and now deleted without

replacement Rule 615.

(ii) * * *

(B) Previously approved on October

31, 1980 and now deleted without

replacement Rule 615.

(iii) * * *

(B) Previously approved on October

31, 1980 and now deleted without

replacement Rule 615.

(iv) * * *

(B) Previously approved on October

31, 1980 and now deleted without

replacement Rule 615.

(v)* * *

(B) Previously approved on October

31, 1980 and now deleted without

replacement Rules 320 and 615.

(51)* * *

(i) * * *

(C) Previously approved on August

11, 1980 and now deleted without

replacement Rule 503 (including

Southeast Desert). * * * * *

(iii) * * *

(B) Previously approved on October

31, 1980 and now deleted without

replacement Rule 320.

(iv) * * *

(B) Previously approved on October

31, 1980 and now deleted without

replacement Rule 320.

(v) * * *

(B) Previously approved on October

31, 1980 and now deleted without

replacement Rule 320.

(vi) * * *

(B) Previously approved on October

31, 1980 and now deleted without

replacement Rule 320.

(vii) * * *

(D) Previously approved on

September 28, 1981 and now deleted

without replacement Rules 95 and 98.

(viii) * * *

(D) Previously approved on December

9, 1981 and now deleted without

replacement Rules 301, 303 to 311, and

511.

(E) Previously approved on June 18,

1982 and now deleted without

replacement Rule 302.

(ix) * * *

(D) Previously approved on June 18,

1982 and now deleted without

replacement Rule 519. • * * * *

(xii) * * *

(C) Previously approved on January

27, 1981 and now deleted without

replacement Rule 501.1.

(xiii) * * *

(B) Previously approved on May 18,

1981 and now deleted without

replacement Rules 210 to 211, 501 to

504, 506 to 512, 514 to 516, and 518.

(xv) * * *

(C) Previously approved on May 18,

1981 and now deleted without

replacement Rule 404, 602, and 603.

(xvi) * * *

(B) Previously approved on January

26, 1982 and now deleted without

replacement Rule 71. • * * * *

(xx) *

(B) Previously approved on June 18,

1982 and now deleted without

replacement Rules 40, 110 to 114, 120

to 121, 123 to 126, and 130. • * * * *

(52) * * *

(iv)* * *

(D) Previously approved on October 9,

1981 and now deleted without

replacement Rule 302.

(E) Previously approved on June 18,

1982 and now deleted without

replacement Rule 519. • * * * *

(ix) * * *

(C) Previously approved on December

9, 1981 and now deleted without

replacement Rules 301 and 302.

• * * * *

(xi) * * *

(B) Previously approved on May 18,

1981 and now deleted without

replacement Rules 605, 700 to 704, and

710 to 711.

(xii) * * *

(B) Previously approved on May 18,

1981 and now deleted without

replacement Rule 404.

(xv) * * *

(C) Previously approved on December

9, 1981 and now deleted without

replacement Rule 305. • * * * *

(xix) * * *

(C) Previously approved on January

26, 1982 and now deleted without

replacement Rule 4.3. • * * * *

(54) * * *

(iii) * * *

(B) Previously approved on May 18,

1981 and now deleted without

replacement Rules 303 and 304.

(iv) * * *

(D) Previously approved on January

26, 1982 and now deleted without

replacement Rule 5.4. • * * * *

(58) * * *

(ii) * * *

(C) Previously approved on

September 28, 1981 and now deleted

without replacement Rule 501.1. • * * * *

(74) * * *

(i) * * *

(B) Previously approved on January

27, 1981 and now deleted without

replacement Rule 517. • * * * *

(87) * * *

(vi)* * *

(B) Previously approved on June 18,

1982 and now deleted without

replacement Rule 74. • * * * *

(88) * * *

(i) * * *

(D) Previously approved on December

9, 1981 and now deleted without

replacement Rule 305. • * * * *

(89) * * *

(vi)* * *

(B) Previously approved on April 13,

1982 and now deleted without

replacement Rule 301 and Table VI. • * * * *

(92) * * *

(ii) * * *

(D) Previously approved and now

deleted without replacement Rules 601

and 702. • * * * *

(93) * * *

(iv)* * *

(C) Previously approved on April 23,

1982 and now deleted without

replacement Rule 522.

• * * * *

(95) * * *

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(v) * * *

(C) Previously approved on June 18,

1982 and now deleted without

replacement Rule 301. * * * * *

(96) * * *

(iii) * * *

(B) Previously approved on January

26, 1982 and now deleted without

replacement Rules 110 and 112. * * * * *

(98) * * *

(i) * * *

(D) Previously approved on April 12,

1982 and now deleted without

replacement Rules 5.0 to 5.17, 5.19, 6.0

to 6.7, and 7.0 to 7.2. * * * * *

(101)* * *

(ii) * * *

(E) Previously approved on July 6,

1982 and now deleted without

replacement Rule 305 (including

Southeast Desert). * * * * *

(103) * * *

(ii) * * *

(D) Previously approved on July 6,

1982 and now deleted without

replacement Rule 42. * * * * *

(iv) * * *

(E) Previously approved on June 18,

1982 and now deleted without

replacement Rule 42.

(vi) * * *

(B) Previously approved on April 13,

1982 and now deleted without

replacement Rules 300 and 310.

(vii) * * *

(B) Previously approved on April 13,

1982 and now deleted without

replacement Rules 300 and 310.

(viii) * * *

(B) Previously approved on April 13,

1982 and now deleted without

replacement Rules 300 and 310.

(ix) * * *

(B) Previously approved on April 13,

1982 and now deleted without

replacement Rules 300 and 310.

(x)* * *

(B) Previously approved on April 13,

1982 and now deleted without

replacement Rules 300 and 310. * * * * *

(xii)* * *

(C) Previously approved on June 18,

1982 and now deleted without

replacement Rule 301. * * * * *

(xiv)* * *

(B) Previously approved on May 27,

1982 and now deleted without

replacement Rule 305.

(xvii) * * *

(B) Previously approved on May 27,

1982 and now deleted without

replacement Rule 516.

(xviii) * * *

(B) Previously approved on July 6,

1982 and now deleted without

replacement Rule 504.1. * * * * *

(124) * * *

(iii) * * *

(B) Previously approved on November

10, 1982 and now deleted without

replacement Rules 503 and 521. * * * * *

(v)* * *

(C) Previously approved on November

10, 1982 and now deleted without

replacement Rule 503.

(vi) * * *

(C) Previously approved on November

10, 1982 and now deleted without

replacement Rules 616 and 618.

(vii) * * *

(C) Previously approved on November

10, 1982 and now deleted without

replacement Rules 616 and 618.

(viii) * * *

(C) Previously approved on November

10, 1982 and now deleted without

replacement Rules 616 and 618.

(ix) * * *

(C) Previously approved on November

10, 1982 and now deleted without

replacement Rules 616 and 618.

x) * * *

(C) Previously approved on November

10, 1982 and now deleted without

replacement Rules 616 and 618. * * * * *

(125) * * *

(iv) * *

(B) Previously approved on November

10, 1982 and now deleted without

replacement Rule 4.4. * * * * *

(vi) * * *

(B) Previously approved on November

10, 1982 and now deleted without

replacement Rules 4.1 and 4.2. * * * * *

(126) * * *

(i) * * *

(C) Previously approved on June 1,

1983 and now deleted without

replacement Rule 70. * * * * *

(iii) * * *

(C) Previously approved on June 18,

1982 and now deleted without

replacement Rule 302. * * * * *

(v)* * *

(C) Previously approved on June 1,

1983 and now deleted without

replacement Rule 519. * * * * *

(127) Revised regulations for the

following APCDs submitted on February

3, 1983 by the Governor's designee.

(iii) * * *

(B) Previously approved on November

18, 1983 and now deleted without

replacement Rule 350. * * * * *

(vi) * * *

(B) Previously approved on November

18, 1983 and now deleted without

replacement Rule 302.

(vii) * * *

(D) Previously approved on November

18, 1983 and now deleted without

replacement Rule 303. * * * * *

(137) * * *

(ii) * * *

(D) Previously approved on February

1, 1984 and now deleted without

replacement Rules 305 and 519. * * * * *

(iv) * * *

(C) Previously approved on February

1, 1984 and now deleted without

replacement Rule 40. * * * * *

(vii) * * *

(C) Previously approved on February

1, 1984 and now deleted without

replacement Rule 502.

(viii) * * *

(B) Previously approved on February

1, 1984 and now deleted without

replacement Rule 41. * * * * *

(138) * * *

(v) * *

(D) Previously approved on November

18, 1983 and now deleted without

replacement Rules 305 and 502 to 503. * * * * *

(140) * * *

(i) * * *

(C) Previously approved on May 3,

1984 and now deleted without

replacement Rule 3-301. * * * * *

(153) * * *

(ii) * * *

(C) Previously approved on December

5, 1984 and now deleted without

replacement Rules 600 and 610. * * * * *

(154) * * *

(i) * * *

(C) Previously approved on December

5, 1984 and now deleted without

replacement Rules 600 and 610. * * * * *

(iii) * * *

(C) Previously approved on December

5, 1984 and now deleted without

replacement Rules 601 and 602. * * * * *

(159) * * *

(iii) * * *

(B) Previously approved on July 13,

1987 and now deleted without

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replacement Rules 600 to 617 and 800

to 816. * * * * *

(168)* * *

(i) * * *

(A)* * *

(3) Previously approved on February

3, 1987 and now deleted without

replacement Rules 601 to 618, 620 to

621, and 801 to 802.

(E) * * *

(3) Previously approved on February

3, 1987 and now deleted without

replacement Rules 5.2 to 5.3, 5.6 to 5.9,

5.11 to 5.12, 5.13, 5.15 to 5.18, and 5.20

to 5.23. * * * * *

(171) * * *

(i) * * *

(D)***

(5) Previously approved on April 12,

1989 and now deleted without

replacement Rule 4.1. * * * * *

(177) * * *

(i) * * *

(D)***

(2) Previously approved on April 16,

1991 and now deleted without

replacement Rules 106, 501, 504 to 506,

and 519. * * * * *

Subpart M-Hawaii

4. Section 52.620 is amended by

adding paragraphs (b)(1) and

(c)(16)(i)(B) and revising paragraphs

(c)(10) and (c)(14) to read as follows:

§52.620 Identification of plan. * * * * *

(b)* * *

(1) Previously approved on May 31,

1972 and now deleted without

replacement Chapter 43, Section 7.

(c) * * *

(10) Previously approved on April 23,

1979 and now deleted without

replacement: A variance to the Hawaii

Public Health Regulations, Chapter 43,

Section 7 (b)(5) submitted on September

12, 1978, by the Governor. * * * * *

(14) Previously approved on

September 30, 1982 and now deleted

without replacement: A variance of the

Hawaii Public Health Regulations,

Chapter 43, Section 8 (b)(1) submitted

on April 6, 1982, by the Governor. * * * * *

(16)* * *

(i) * * *

(B) Previously approved on August

18, 1983 and now deleted without

replacement Section 11-60-36. * * * * *

Subpart DD-Nevada

5. Section 52.1470 is amended by

adding paragraphs (b)(1), (c)(14)(ii)(A),

(c)(16)(viii)(A), and (c)(24)(iv)(A) to read

as follows:

§52.1470 Identification of plan. * * * * *

(b)* * *

(1) Previously approved on May 31,

1972 and now deleted without

replacement Rules 2.8 and 2.11.

(c)* * *

(14) * * * (i) * * *

(ii) * * *

(A) Previously approved on July 10,

1980 and now deleted without

replacement Statutes 445.506, 445.511,

445.516, and 445.521. * * * * *

(16)* * *

(viii) * * *

(A) Previously approved on August

27,1981 and now deleted without

replacement Section 9, Rules 9.2 to 9.3. * * * * *

(24) * * *

(iv)* * *

(A) Previously approved on June 18,

1982 and now deleted without

replacement Section 7, Rules 7.1 to 7.19

and Section 9, Rule 9.1. * * * * *

Subpart DDD-American Samoa

6. Section 52.2820 is amended by

adding the following paragraph (b)(1) to

read as follows:

§52.2820 Identification of plan. * * * * *

(b)* * *

(1) Previously approved on May 31,

1972 and now deleted without

replacement Chapter 35.01, Section

35.0113 of the Environmental Quality

Act.

[FR Doc. 97 16650 Filed 6 26 97; 8:45 am]

BILLING CODE 6560-50-U

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Chapter I

[General Docket No 96-113; FCC 97-164]

Section 257 Proceeding To Identify and

Eliminate Market Entry Barriers for

Small Businesses

AGENCY: Federal Communications

Commission.

ACTION: Policy statement.

SUMMARY: The attached Report

summarizes the Commission's

implementation of Section 257 of the

Telecommunications Act of 1996 (1996

Act), which requires the Commission to

identify and eliminate market entry

barriers for entrepreneurs and small

businesses in the provision and

ownership of telecommunications

services and information services or in

the provision of parts or services to

providers of telecommunications

services or information services. The

Report addresses issues raised by the

more than 80 entities that filed

comments, describes the Commission's

policies to foster small business

opportunities in the

telecommunications industry, and

explains agency-wide small business

initiatives that the Commission has

undertaken since enactment of the 1996

Act, as well as steps that the

Commission intends to take in the

future. The Report also describes the

Commission's comprehensive study of

the participation of small businesses

and businesses owned by women or

minorities in the telecommunications

market. Through this Report the

Commission reaffirms its commitment

to achieving the policy goals of Section

257; to eliminate market entry barriers

for small communications businesses.

ADDRESSES: The complete text of this

report is available for inspection and

copying during normal business hours

in the FCC Reference Center (room 239),

1919 M Street, N.W., Washington, D.C.

FOR FURTHER INFORMATION CONTACT:

Office of General Counsel: Linda L.

Haller or Sheryl Wilkerson, at (202)

418-1720. Office of Communications

Business Opportunities: Catherine K.

Sandoval or Vivian Keller, at (202) 418-

0990.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission's Report

which was adopted on May 8, 1997 and

released on May 8, 1997. The complete

text of this report also can be obtained

on-line at the FCC's Internet Home Page

at www.fcc.gov., and may be purchased

from the Commission's copy contractor,

International Transcription Service

(202) 857-3800, 2100 M Street, N.W.,

Suite 140, Washington, D.C. 20037.

I. Introduction and Statement of Policy

1. Section 257 of the

Telecommunications Act of 1996

(Telecommunications Act or 1996 Act)'

requires the Commission to identify and

eliminate "market entry barriers for

entrepreneurs and other small

businesses in the provision and

ownership of telecommunications

1

Telecommunications Act of 1996, Pub. L. No.

104 104, 110 Stat. 56 (1996), Section 257.

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