40830 Federal Register / Vol. 63, No. 147 / Friday, July 31, 1998 /Rules and Regulations

1EPA adopted the completeness criteria on

February 16, 1990 (55 FR 5830) and, pursuant to

section (110)(k)(1)(A) of the CAA, revised the

criteria on August 26, 1991 (56 FR 42216).

2Among other things, the pre-amendment

guidance consists of those portions of the proposed

post-1987 ozone and carbon monoxide policy that

concern RACT, 52 FR 45044 (November 24, 1987);

‘‘Issues Relating to VOC Regulation Cutpoints,

Deficiencies, and Deviations, Clarification to

Appendix D of November 24, 1987 Federal Register

Notice’’ (Blue Book) (notice of availability was

published in the Federal Register on May 25, 1988).

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[CA 071–0069; FRL–6129–5]

Approval and Promulgation of

Implementation Plans; California State

Implementation Plan Revision;

Mendocino County Air Quality

Management District

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final

action to approve revisions to the

California State Implementation Plan

(SIP). This action is an administrative

change which revises the definitions in

Mendocino County Air Quality

Management District (MCAQMD or

District) Rule 130, Definitions. The

intended effect of approving this action

is to incorporate changes to the

definitions for clarity and consistency

with revised federal and state

definitions. This approval action will

incorporate these definitions into the

Federally approved SIP. Thus, EPA is

finalizing the approval of these

revisions into the California SIP under

provisions of the CAA regarding EPA

action on SIP submittals, SIPs for

national primary and secondary ambient

air quality standards and plan

requirements for nonattainment areas.

DATES: This rule will become effective

on September 29, 1998, without further

notice, unless EPA receives relevant

adverse comments by August 31, 1998.

If EPA receives such comment, then it

will publish a document in the Federal

Register informing the public that this

rule will not take effect.

ADDRESSES: Copies of the rule revision

and EPA’s evaluation report of each rule

are available for public inspection at

EPA’s Region IX office during normal

business hours. Copies of the submitted

rule revisions are also available for

inspection at the following locations:

Rulemaking Office (AIR–4), Air

Division, U.S. Environmental

Protection Agency, Region IX, 75

Hawthorne Street, San Francisco, CA

94105.

Environmental Protection Agency, Air

Docket (6102), 401 ‘‘M’’ Street, S.W.,

Washington, D.C. 20460.

California Air Resources Board,

Stationary Source Division, Rule

Evaluation Section, 2020 ‘‘L’’ Street,

Sacramento, CA 95812.

Mendocino County Air Quality

Management District, 306 East Gobbi

Street, Ukiah, California 95482.

FOR FURTHER INFORMATION CONTACT:

Cynthia G. Allen, Rulemaking Office

(AIR–4), Air Division, U.S.

Environmental Protection Agency,

Region IX, 75 Hawthorne Street, San

Francisco, CA 94105–3901, Telephone:

(415) 744–1189.

SUPPLEMENTARY INFORMATION:

I. Applicability

The rule being approved into the

California SIP is: Mendocino County Air

Quality Management District Rule 130,

Definitions. This rule was submitted by

the California Air Resources Board to

EPA on November 18, 1993.

II. Background

On March 3, 1978, EPA promulgated

a list of nonattainment areas under the

provisions of the Clean Air Act, as

amended in 1977 (1977 Act or preamended Act), that listed Mendocino

County as attainment or unclassifiable

for all pollutants, see 43 FR 8964, 40

CFR 81.305. In response to the section

110(a) of the Act and other

requirements, the MCAQMD submitted

many rules which EPA approved into

the SIP.

This document addresses EPA’s

direct-final action for the following

MCAQMD rule: Rule 130, Definitions.

This rule was adopted by MCAQMD on

April 6, 1993, and submitted by the

State of California for incorporation into

its SIP on November 18, 1993. This rule

was found to be complete on December

27, 1993, pursuant to EPA’s

completeness criteria that are set forth

in 40 CFR part 51, Appendix V 1 and is

being finalized for approval into the SIP.

This rule was originally adopted as part

of MCAQMD’s efforts to achieve and

maintain the National Ambient Air

Quality Standards (NAAQS).

The following is EPA’s evaluation and

final action for this rule.

III. EPA Evaluation and Action

In determining the approvability of a

rule, EPA must evaluate the rule for

consistency with the requirements of

the CAA and EPA regulations, as found

in section 110, and part D of the CAA

and 40 CFR part 51 (Requirements for

Preparation, Adoption and Submittal of

Implementation Plans). The EPA

interpretation of these requirements,

which forms the basis for this action,

appears in various EPA policy guidance

documents.2

EPA previously reviewed many rules

from the MCAQMD and incorporated

them into the federally approved SIP

pursuant to section 110(k)(3) of the

CAA. Those definitions that are being

superseded by today’s action are as

follows:

• Rule 130, Definitions:

(p5) Prevention of Significant

Deterioration

(PSD) Increment (submitted 08/08/

82)

(t2) Trade Secrets (submitted 04/17/80)

The following revisions were made in

MCAQMD Rule 130, Definitions:

(p6) ‘‘Prevention of Significant

Deterioration Increment’’ is being

amended to bring it into conformity

with federal regulations; (t2) ‘‘Toxic

Air Contaminant’’ is being

renumbered and amended for

clarity; and (t3) ‘‘Trade Secrets’’ is

being renumbered.

EPA has evaluated the submitted rule

and has determined that it allows

proper implementation of rules

previously approved into the SIP, and

does not relax the requirements of those

rules. Therefore, MCAQMD Rule 130,

Definitions, is being approved under

section 110(k)(3) of the CAA as meeting

the requirements of section 110(a) and

part D. Future action by EPA on

prohibitory, new source review, or other

MCAQMD rules may require changes to

these definitions.

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 relevant adverse comments be

filed. This rule will be effective

September 29, 1998, without further

notice unless the Agency receives

relevant adverse comments by August

31, 1998.
Federal Register / Vol. 63, No. 147 / Friday, July 31, 1998 /Rules and Regulations 40831

If the EPA received such comments,

then EPA will publish a document

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. Any

parties interested in commenting should

do so at this time. If no such comments

are received, the public is advised that

this rule will be effective on September

29, 1998, and no further action will be

taken on the proposed rule.

IV. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget

(OMB) has exempted this regulatory

action from E.O. 12866 review.

The final rule is not subject to E.O.

13045, entitled ‘‘Protection of Children

from Environmental Health Risks and

Safety Risks,’’ because it is not an

‘‘economically significant’’ action under

E.O. 12866.

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

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

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. 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 29,

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)).

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Hydrocarbons,

Incorporation by reference,

Intergovernmental relations, Nitrogen

dioxide, Ozone, Reporting and

recordkeeping requirements, Volatile

organic compound.

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: July 8, 1998.

Felicia Marcus,

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 by

adding paragraph (c)(194)(i)(G) to read

as follows:

§ 52.220 Identification of plan.

* * * * *

(c) * * *

(194) * * *

(i) * * *

(G) Mendocino County Air Quality

Management District.

(1) Rule 130 (p6), (t2), and (t3)

adopted April 6, 1993.

* * * * *

[FR Doc. 98–20508 Filed 7–30–98; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 15

[ET Docket No. 96–102, FCC 98–121]

Unlicensed NII Devices in the 5 GHz

Frequency Range

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: By this Memorandum

Opinion and Order (‘‘MO&O’’), the

Commission amends the rules to permit

fixed, point-to-point Unlicensed

National Information Infrastructure

(‘‘U–NII’’) devices in the 5.725–5.825

GHz band to operate with one watt

maximum transmitter output power and