Federal Register / Vol. 63, No. 135 /Wednesday, July 15, 1998 /Rules and Regulations 38087

* * * * *

An appropriate amendment to 39 CFR

111.3 will be published to reflect these

changes.

Stanley F. Mires,

Chief Counsel, Legislative.

[FR Doc. 98–18752 Filed 7–14–98; 8:45 am]

BILLING CODE 7710–12–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[CO–001–0024a; FRL–6124–4]

Approval and Promulgation of Air

Quality Implementation Plans;

Colorado; 1993 Periodic Carbon

Monoxide Emission Inventories for

Colorado

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving a State

Implementation Plan (SIP) revision

submitted by the State of Colorado on

September 16, 1997. The effect of this

action is to approve 1993 periodic

carbon monoxide (CO) emission

inventories for Colorado Springs,

Denver, Fort Collins, and Longmont that

were submitted by the Governor, as a

revision to the State Implementation

Plan (SIP), as required by section

187(a)(5) of the Clean Air Act (CAA), as

amended in 1990. This action is being

taken under section 110 of the CAA.

DATES: This direct final rule is effective

on September 14, 1998 without further

notice, unless EPA receives adverse

comments by August 14, 1998. If

adverse comments are received, EPA

will publish a timely withdrawal of the

direct final rule in the Federal Register

and inform the public that the rule will

not take effect.

ADDRESSES: Written comments may be

mailed to Richard R. Long, Director, Air

Program, Mailcode 8P2–A,

Environmental Protection Agency

(EPA), Region VIII, 999 18th Street,

Suite 500, Denver, Colorado, 80202.

Copies of the documents relevant to this

action are available for public

inspection during normal business

hours at the Air Program,

Environmental Protection Agency,

Region VIII, 999 18th Street, Suite 500,

Denver, Colorado, 80202. Copies of the

State documents relevant to this action

are available for public inspection at the

Colorado Department of Public Health

and Environment, Air Pollution Control

Division, 4300 Cherry Creek Drive

South, Denver, Colorado 80246–1530.

FOR FURTHER INFORMATION CONTACT:

Cindy Rosenberg, EPA, Region VIII,

(303) 312–6436.

SUPPLEMENTARY INFORMATION: On

September 16, 1997, the State of

Colorado submitted a formal revision to

its State Implementation Plan (SIP). The

SIP revision consists of the 1993

periodic carbon monoxide (CO)

emission inventories for Colorado

Springs, Denver, Fort Collins, and

Longmont.

I. Background

As required by the CAA, States have

the responsibility to inventory

emissions contributing to NAAQS

nonattainment, to track these emissions

over time, and to ensure that control

strategies are being implemented that

reduce emissions and move areas

towards attainment. The CAA required

States with moderate or serious CO

nonattainment areas to initially submit

a base year CO inventory that

represented actual emissions during the

peak CO season by November 15, 1992.

This base year inventory was for

calendar year 1990. Moderate and

serious CO nonattainment areas were

also required to submit a revised

emissions inventory periodically. The

1990 base year inventory was to serve as

the primary inventory from which the

periodic inventories were to be derived.

As per CAA section 187(a)(5), the

submittal of the first periodic emissions

inventory, as a revision to the SIP, was

required no later than September 30,

1995, and every three years thereafter

until the area is redesignated to

attainment. This requirement applies to

Colorado Springs, Denver, Fort Collins,

and Longmont. Further information on

these inventories and their purpose can

be found in the document ‘‘Emission

Inventory Requirements for Carbon

Monoxide State Implementation Plans’’,

USEPA, Office of Air Quality Planning

and Standards, EPA–450/4–91–011,

March, 1991, and the September 30,

1994, guidance memorandum entitled

‘‘1993 Periodic Emission Inventory

Guidance’’, signed by J. David Mobley,

Chief of the Emission Inventory Branch

(hereafter, the Mobley Memorandum).

The periodic inventories were to be

prepared in similar detail as was done

with the 1990 base year inventories and

were to address actual CO emissions for

the area during the peak CO season. The

peak CO season should reflect the

months when peak CO air quality

concentrations occur. As winter is the

peak CO season for Colorado Springs,

Denver, Fort Collins, and Longmont, the

1993 periodic inventories included the

period November through January. The

periodic inventories are to address

emissions from stationary point, area,

on-road mobile, and non-road mobile

sources.

II. Summary of SIP Revision

A. Review of the 1993 CO Periodic

Emissions Inventories (PEI) for Colorado

Springs, Denver, Fort Collins, and

Longmont

The September 30, 1994, Mobley

memorandum allowed for two options

for the approach to developing the 1993

PEI. If the 1993 PEI was to be used for

a regulatory purpose (i.e., milestone

compliance demonstration, rate of

progress, maintenance plan tracking,

etc.) a rigorous, comprehensive PEI was

to be developed similar in detail and

documentation to that which was done

for the 1990 base year inventory. If,

however, EPA and the State determined

that the 1993 PEI would not be used to

support a regulatory purpose other than

to fulfill the CAA section 187(a)(5)

requirement, a less rigorous approach

could be appropriate. Colorado chose

the latter option for all four 1993 PEIs.

EPA has reviewed the 1993 PEIs for

Colorado Springs, Denver, Fort Collins,

and Longmont. Summary tables,

calculations for all identified sources in

each source category, and adequate

documentation were provided by the

State for each of the four PEIs. EPA has

determined that the Colorado Springs,

Denver, Fort Collins, and Longmont

1993 PEIs satisfy the requirements of

section 187(a)(5) of the CAA.

The 1993 CO emissions from point

sources, area sources, on-road mobile

sources, and non-road mobile sources

for Colorado Springs, Denver, Fort

Collins, and Longmont are summarized

in the following table:

CARBON MONOXIDE SEASONAL EMISSIONS IN TONS PER DAY

Non-attainment area

Point

source

emissions*

Area source

emissions

On-road

mobile

emissions

Non-road

mobile

emissions

Total emissions

Colorado Springs ...................................................................................... 2.83 29.49 250.80 34.70 317.82
38088 Federal Register / Vol. 63, No. 135 /Wednesday, July 15, 1998 /Rules and Regulations

1Memorandum from John Calcagni, Director, Air

Quality Management Division, and William G.

Laxton, Director, Technical Support Division, to

Regional Air Division Directors, Region I–X,

‘‘Public Hearing Requirements for 1990 Base-Year

Emission Inventories for Ozone and Carbon

Monoxide Nonattainment Areas,’’ September 29,

1992.

CARBON MONOXIDE SEASONAL EMISSIONS IN TONS PER DAY—Continued

Non-attainment area

Point

source

emissions*

Area source

emissions

On-road

mobile

emissions

Non-road

mobile

emissions

Total emissions

Denver ...................................................................................................... 13.37 72.40 1441.97 152.96 1680.70

Fort Collins ................................................................................................ 0.18 7.54 49.99 8.96 66.67

Longmont .................................................................................................. 0.03 2.36 20.78 5.54 28.71

*Major CO point sources (i.e., CO emissions equal to or greater than 100 tons per year).

All supporting calculations and

documentation for these 1993 carbon

monoxide periodic inventories are

contained in the State’s Technical

Support Document (TSD) for this action.

B. Procedural Background

The CAA requires States to observe

certain procedural requirements in

developing SIP revisions for submittal

to EPA. Section 110(a)(2) of the CAA

provides that each SIP revision

(including emission inventories) be

adopted after going through a reasonable

notice and public hearing process prior

to being submitted by a State to EPA.1

The State held a public hearing for the

Colorado Springs, Denver, Fort Collins,

and Longmont 1993 PEIs on December

21, 1995, directly after which the

inventories were adopted by the Air

Quality Control Commission (AQCC);

the inventories were formally submitted

by the Governor on September 16, 1997.

EPA determined the submittal was

complete on February 23, 1998.

III. Final Action

EPA is approving the carbon

monoxide 1993 periodic emission

inventories for Colorado Springs,

Denver, Fort Collins, and Longmont as

fulfilling the requirements of section

187(a)(5) of the CAA. These inventories

were submitted by the Governor with a

letter dated September 16, 1997.

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.

EPA is publishing this rule without

prior proposal because the Agency

views this as a noncontroversial

amendment and anticipates no adverse

comments. However, in the proposed

rules section of this Federal Register

publication, EPA is publishing a

separate document that will serve as the

proposal to approve the SIP revision

should adverse comments be filed. This

rule will be effective September 14,

1998 without further notice unless the

Agency receives adverse comments by

August 14, 1998.

If the EPA receives such comments,

then EPA will publish a notice

withdrawing the final rule and

informing the public that the rule will

not take effect. All public comments

received will then be addressed in a

subsequent final rule based on the

proposed rule. The EPA will not

institute a second comment period on

the proposed rule. Any parties

interested in commenting on the

proposed rule should do so at this time.

If no such comments are received, the

public is advised that this rule will be

effective on September 14, 1998 and no

further action will be taken on the

proposed rule.

IV. Administrative Requirements

A. Executive Orders 12866 and 13045

The Office of Management and Budget

(OMB) has exempted this regulatory

action from Executive Order 12866,

entitled ‘‘Regulatory Planning and

Review,’’ review.

The final rule is not subject to

Executive Order 13045, entitled

‘‘Protection of Children from

Environmental Health Risks and Safety

Risks,’’ because it is not an

‘‘economically significant’’ action under

Executive Order 12866.

B. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA)

generally requires an agency to conduct

a regulatory flexibility analysis of any

rule subject to notice and comment

rulemaking requirements unless the

agency certifies that the rule will not

have a significant economic impact on

a substantial number of small entities.

Small entities include small businesses,

small not-for-profit enterprises, and

small governmental jurisdictions. This

final rule will not have a significant

impact on a substantial number of small

entities because 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 create

any new requirements, I certify that this

action will not have a significant

economic impact on a substantial

number of small entities. Moreover, due

to the nature of the Federal-State

relationship under the Clean Air Act,

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 the private sector, of

$100 million or more. Under Section

205, EPA must select the most costeffective 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 requirements.

Accordingly, no additional costs to

State, local, or tribal governments, or to
Federal Register / Vol. 63, No. 135 /Wednesday, July 15, 1998 /Rules and Regulations 38089

the private sector, result from this

action.

D. Submission to Congress and the

Comptroller General

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

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. This rule is not a

‘‘major rule’’ as defined by 5 U.S.C.

804(2).

E. Petitions for 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 September 14,

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).)

F. Approving SIP Revisions in Audit

Law States

Nothing in this action should be

construed as making any determination

or expressing any position regarding

Colorado’s audit privilege and penalty

immunity law (13–25–126.5, C.R.S.) or

its impact upon any approved provision

in the SIP, including the revision at

issue here. The action taken herein does

not express or imply any viewpoint on

the question of whether there are legal

deficiencies in this or any other Clean

Air Act program resulting from the

effect of Colorado’s audit privilege and

immunity law. A state audit privilege

and immunity law can affect only state

enforcement and cannot have any

impact on federal enforcement

authorities. EPA may at any time invoke

its authority under the Clean Air Act,

including, for example, sections 113,

167, 205, 211 or 213, to enforce the

requirements or prohibitions of the state

plan, independently of any state

enforcement effort. In addition, citizen

enforcement under section 304 of the

Clean Air Act is likewise unaffected by

a state audit privilege or immunity law.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide,

Intergovernmental relations, Reporting

and recordkeeping requirements.

Dated: July 6, 1998.

Patricia D. Hull,

Acting Regional Administrator,

Region VIII.

40 CFR part 52 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 G—Colorado

2. Section 52.348 is amended by

designating the existing text as

paragraph (a) and by adding paragraph

(b) to read as follows:

§ 52.348 Emission inventories.

* * * * *

(b) On September 16, 1997, the

Governor of Colorado submitted the

1993 Carbon Monoxide Periodic

Emission Inventories for Colorado

Springs, Denver, Fort Collins, and

Longmont as revisions to the Colorado

State Implementation Plan. These

inventories address carbon monoxide

emissions from stationary point, area,

non-road mobile, and on-road mobile

sources.

[FR Doc. 98–18862 Filed 7–14–98; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 76

[CS Docket No. 97–80; FCC 98–116]

Commercial Availability of Navigation

Devices

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: These rules provide for the

commercial availability of set top boxes

and other consumer equipment used to

receive video signals and other services.

The intended effect of these rules is to

expand opportunities for consumers to

purchase this equipment from sources

other than the service provider.

DATES: Effective upon approval by the

Office of Management and Budget

(‘‘OMB’’), but no sooner than August 14,

1998, except for § 76.1204, which shall

become effective July 1, 2000. When

approval is received, the Commission

will publish a document announcing

the effective date. Written comments by

the public on the modified information

collection requirements should be

submitted on or before September 14,

1998.

ADDRESSES: A copy of any comments on

the information collections contained

herein should be submitted to Judy

Boley, Federal Communications

Commission, Room 234, 1919 M Street,

NW, Washington, DC 20554, or via the

Internet to jboley@fcc.gov.

FOR FURTHER INFORMATION CONTACT:

Thomas Horan, Cable Services Bureau,

(202) 418–7200. For additional

information concerning the information

collections contained herein, contact

Judy Boley at 202–418–0214, or via the

Internet at jboley@fcc.gov.

PAPERWORK REDUCTION ACT: This Report

and Order has been analyzed with

respect to the Paperwork Reduction Act

of 1995 (the ‘‘1995 Act’’) and found to

impose new or modified information

collection requirements on the public.

The Commission, as part of its

continuing effort to reduce paperwork

burdens, invites the general public to

take this opportunity to comment on the

information collection requirements

contained in this Report and Order, as

required by the 1995 Act. Public

comments are due September 14, 1998.

Comments should address: (a) Whether

the proposed collection of information

is necessary for the proper performance

of the functions of the Commission,

including whether the information shall

have practical utility; (b) the accuracy of

the Commission’s burden estimates; (c)

ways to enhance the quality, utility, and

clarity of the information collected; and

(d) ways to minimize the burden of the

collection of information on the

respondents, including the use of

automated collection techniques or

other forms of information technology.

OMB Approval Number: 3060–XXXX

(new collection).

Title: Commercial Availability of

Navigation Devices.

Type of Review: New collection.

Respondents: Businesses or other forprofit entities.

Number of Respondents: 200.

Estimated Time Per Response: 10

minutes to 40 hours.

Frequency of Response: On occasion.

Total Annual Burden to Respondents:

3,266 hours.

Total Annual Cost to Respondents:

$29,632.

Needs and Uses: The disclosure

requirements set forth in this