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Federal Register/Vol. 68, No. 14/Wednesday, January 22, 2003/Rules and Regulations

number of small entities under the

Regulatory Flexibility Act (5 U.S.C. 601

et seq.). Because this rule proposes to

approve pre-existing requirements

under state law and does not impose

any additional enforceable duty beyond

that required by state law, it does not

contain any unfunded mandate or

significantly or uniquely affect small

governments, as described in the

Unfunded Mandates Reform Act of 1995

(Public Law 104-4). For the same

reason, this proposed rule also does not

significantly or uniquely affect the

communities of tribal governments, as

specified by Executive Order 13084 (63

FR 27655, May 10, 1998). This proposed

rule will not have substantial direct

effects on the States, on the relationship

between the national government and

the States, or on the distribution of

power and responsibilities among the

various levels of government, as

specified in Executive Order 13132 (64

FR 43255, August 10, 1999), because it

merely approves a state rule

implementing a federal standard, and

does not alter the relationship or the

distribution of power and

responsibilities established in the Clean

Air Act. This proposed rule also is not

subject to Executive Order 13045 (62 FR

19885, April 23, 1997), because it is not

economically significant.

In reviewing SIP submissions, EPA's

role is to approve State choices,

provided that they meet the criteria of

the Clean Air Act. In this context, in the

absence of a prior existing requirement

for the State to use voluntary consensus

standards (VCS), EPA has no authority

to disapprove a SIP submission for

failure to use VCS. It would thus be

inconsistent with applicable law for

EPA, when it reviews a SIP submission,

to use VCS in place of a SIP submission

that otherwise satisfies the provisions of

the Clean Air Act. Thus, the

requirements of section 12(d) of the

National Technology Transfer and

Advancement Act of 1995 (15 U.S.C.

272 note) do not apply. As required by

section 3 of Executive Order 12988 (61

FR 4729, February 7, 1996), in issuing

this proposed rule, EPA has taken the

necessary steps to eliminate drafting

errors and ambiguity, minimize

potential litigation, and provide a clear

legal standard for affected conduct. EPA

has complied with Executive Order

12630 (53 FR 8859, March 15, 1988) by

examining the takings implications of

the rule in accordance with the

"Attorney General's Supplemental

Guidelines for the Evaluation of Risk

and Avoidance of Unanticipated

Takings" issued under the executive

order. This rule does not impose an

information collection burden under the

provisions of the Paperwork Reduction

Act of 1995 (44 U.S.C. 3501 et seq.).

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide,

Incorporation by reference,

Intergovernmental relations, Lead,

Nitrogen dioxide, Ozone, Particulate

matter, Sulfur oxides, Volatile organic

compounds.

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

Dated: December 13, 2002.

Bharat Mathur,

Acting Regional Administrator, Region 5.

For the reasons stated in the

preamble, part 52, chapter I, of 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.

2. Section 52.1870 is amended by

adding paragraph (c)(127) to read as

follows:

§ 52.1870 Identification of plan.

(c) * * *

(127) On July 18, 2002, Ohio

submitted revisions to its Permit to

Install rules as a revision to the State

implementation plan.

(i) Incorporation by reference.

(A) Ohio Administrative Code Rules

3745-31-01, 3745-31-02, 3745-31-03,

3745-31-05, and 3745-31-07 effective

November 30, 2001.

[FR Doc. 03-1235 Filed 1-21-03; 8:45 am]

BILLING CODE 6560-50-P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[AZ 106-0064; FRL-7418-8]

Approval and Promulgation of

Implementation Plans; Arizona; Motor

Vehicle Inspection and Maintenance

Programs

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is approving two State

Implementation Plan (SIP) revisions

submitted by the Arizona Department of

Environmental Quality (ADEQ). These

revisions consist of several changes that

have been made to Arizona's Basic and

Enhanced Vehicle Emissions Inspection

and Maintenance Programs after the

programs were approved by EPA in

1995. Arizona's Basic Vehicle Emissions

Inspection (VEI) Program is

implemented in the Tucson Air

Planning Area carbon monoxide (CO)

nonattainment area (Area B). The

Enhanced VEI Program is implemented

in the Maricopa County ozone and CO

nonattainment area (the Phoenix area or

Area A).

EFFECTIVE DATE: February 21, 2003.

ADDRESSES: Copies of the documents

relevant to this action are available for

public inspection during normal

business hours at the EPA's Region 9

office at 75 Hawthorne Street, San

Francisco, California 94105.

This document and the Technical

Support Document (TSD) for this

rulemaking are also available as

electronic files on EPA's Region 9 Web

page at http://www.epa.gov/regionO9/

air.

FOR FURTHER INFORMATION CONTACT:

Sylvia Dugr6, Office of Air Planning

(AIR-2), U.S. Environmental Protection

Agency, Region 9, 75 Hawthorne Street,

San Francisco, CA 94105. Phone: (415)

947-4149; e-mail: dugre.sylvia@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

On August 12, 2002 (67 FR 52433),

EPA published a notice of proposed

rulemaking for the State of Arizona. The

notice proposed approval of revisions to

the SIP for Arizona's Basic and

Enhanced VEI programs.

ADEQ submitted the changes to its

Basic and Enhanced VEI Programs as a

revision to its SIP on July 6, 2001. The

July 6, 2001 SIP revision package

includes, among various other program

changes, ADEQ's revised rule which

extends the exemption for newer model

year vehicles from the current model

year to the first five model year vehicles

and the revised rules incorporating

legislative changes to the provisions for

issuing a waiver. Also included in the

SIP revision is State legislation that

discontinues the remote sensing

program that had been implemented in

Area A and authorizes a study to

determine the most effective on-road

testing program for Arizona.

A SIP revision supplementing the July

6, 2001 SIP revision was submitted by

ADEQ on April 10, 2002. This submittal

contains the ADEQ rule revisions

incorporating on-board diagnostics

(OBD) testing and, in accordance with

the State legislation, deleting the

previously approved remote sensing

program from the ADEQ regulations. It

also contains a modeling demonstration,

with adjustments for the IM147

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Federal Register/Vol. 68, No. 14/Wednesday, January 22, 2003/Rules and Regulations

transient loaded-mode emissions test,

showing the I/M program implemented

in Area A meets EPA's high enhanced

performance standard.

A more complete description of

Arizona's submittals and the rationale

for EPA's approval were presented in

the proposal and will not be restated

here.

II. Public Comments on the Proposed

Action

No comments were submitted to the

docket during the comment period for

the proposed rulemaking published in

the August 12, 2002 Federal Register.

III. Final Action

Clean Air Act (CAA) sections

182(c)(3) and 187(a)(6) require serious

ozone and carbon monoxide areas, such

as the Phoenix area, to implement

enhanced I/M programs. EPA's

requirements for these I/M programs are

contained in 40 CFR part 51, subpart S.

In order for EPA to approve the SIP

revisions submitted by ADEQ, they

must be consistent with EPA's I/M

requirements and they must meet CAA

section 110(a) requirements for

enforceability as well as CAA section

110(1) requirements regarding plan

revisions.

In today's action, EPA is finding that

the Arizona enhanced I/M program

implemented in Area A (Phoenix) meets

CAA and EPA requirements for a high

enhanced program. We are also finding

that the VEI program implemented in

Area B (Tucson) continues to meet

EPA's I/M requirements for basic

programs.' The basis for these findings

are discussed in the proposal for today's

action. See 67 FR 52433.

In addition, under CAA section

110(1), EPA is finding that these SIP

revisions submitted by ADEQ do not

interfere with the applicable

requirements concerning CO

maintenance in the Tucson area or any

other requirements of the CAA

applicable to Tucson. We are also

finding that these SIP revisions will not

interfere with any applicable

requirements for CO and ozone

attainment and reasonable further

progress (RFP) or any other

requirements of the CAA applicable to

the Phoenix area. The basis for these

findings are discussed in the proposal

for today's action. See 67 FR 52433.

Finally, EPA is approving various

Arizona statutes amending the VEI

1 As an unclassified CO nonattainment area that

has been redesignated to attainment, the Tucson

area does not have a statutory requirement to

implement a basic I/M program. The area, however,

has relied on the program to both attain and

maintain the CO standard.

programs and the latest revisions to the

basic and enhanced VEI program

regulations. Specifically, we are

approving the following Arizona

statutes:

Amendments to Arizona Revised

Statutes (ARS) 49-541, 49-542.05, 49-

544, 49-545, 49-551 and the repeal of

49-542.01 submitted to EPA as a SIP

revision on July 6, 2001.

Amendments to ARS 49-542, 49-543,

and the repeal of 49-541.01 submitted

to EPA as a SIP revision on April 10,

2002.

We are also approving the following

Arizona regulations:

Arizona Administrative Code (AAC),

Title 18, Chapter 2, Article 10 (except

for AAC R 18-2-1020) "Motor Vehicles;

Inspection and Maintenance" as of

December 31, 2000, submitted to EPA as

a SIP revision on July 6, 2001.

Amendments to AAC R 18-2-1006

and 18-2-1019, and the repeal of AAC

R 18-2-1014 and R 18-2-1015

submitted to EPA as a SIP revision on

April 10, 2002.

IV. Administrative Requirements

Under Executive Order 12866 (58 FR

51735, October 4, 1993), this action is

not a "significant regulatory action" and

therefore is not subject to review by the

Office of Management and Budget. For

this reason, this action is also not

subject to Executive Order 13211,

"Actions Concerning Regulations That

Significantly Affect Energy Supply,

Distribution, or Use" (66 FR 28355, May

22, 2001). This action merely approves

state law as meeting federal

requirements and imposes no additional

requirements beyond those imposed by

state law. Accordingly, the

Administrator certifies that this rule

will not have a significant economic

impact on a substantial number of small

entities under the Regulatory Flexibility

Act (5 U.S.C. 601 et seq.). Because this

rule approves pre-existing requirements

under state law and does not impose

any additional enforceable duty beyond

that required by state law, it does not

contain any unfunded mandate or

significantly or uniquely affect small

governments, as described in the

Unfunded Mandates Reform Act of 1995

(Pub. L. 104-4).

This rule also does not have tribal

implications because it will not have a

substantial direct effect on one or more

Indian tribes, on the relationship

between the Federal Government and

Indian tribes, or on the distribution of

power and responsibilities between the

Federal Government and Indian tribes,

as specified by Executive Order 13175

(65 FR 67249, November 9, 2000). This

action also does not have Federalism

implications because it does not have

substantial direct effects on the States,

on the relationship between the national

government and the States, or on the

distribution of power and

responsibilities among the various

levels of government, as specified in

Executive Order 13132 (64 FR 43255,

August 10, 1999). This action merely

approves a state rule implementing a

Federal standard, and does not alter the

relationship or the distribution of power

and responsibilities established in the

Clean Air Act. This rule also is not

subject to Executive Order 13045,

"Protection of Children from

Environmental Health Risks and Safety

Risks" (62 FR 19885, April 23, 1997),

because it is not economically

significant.

In reviewing SIP submissions, EPA's

role is to approve state choices,

provided that they meet the criteria of

the Clean Air Act. In this context, in the

absence of a prior existing requirement

for the State to use voluntary consensus

standards (VCS), EPA has no authority

to disapprove a SIP submission for

failure to use VCS. It would thus be

inconsistent with applicable law for

EPA, when it reviews a SIP submission,

to use VCS in place of a SIP submission

that otherwise satisfies the provisions of

the Clean Air Act. Thus, the

requirements of section 12(d) of the

National Technology Transfer and

Advancement Act of 1995 (15 U.S.C.

272 note) do not apply. This rule does

not impose an information collection

burden under the provisions of the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501 et seq.).

The Congressional Review Act, 5

U.S.C. 801 et seq., as added by the Small

Business Regulatory Enforcement

Fairness Act of 1996, generally provides

that before a rule may take effect, the

agency promulgating the rule must

submit a rule report, which includes a

copy of the rule, to each House of the

Congress and to the Comptroller General

of the United States. EPA will submit a

report containing this rule and other

required information to the U.S. Senate,

the U.S. House of Representatives, and

the Comptroller General of the United

States prior to publication of the rule in

the Federal Register. A major rule

cannot take effect until 60 days after it

is published in the Federal Register.

This action is not a "major rule" as

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

Under section 307(b)(1) of the Clean

Air Act, petitions for judicial review of

this action must be filed in the United

States Court of Appeals for the

appropriate circuit by March 24, 2003.

Filing a petition for reconsideration by

the Administrator of this final rule does

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Federal Register/Vol. 68, No. 14/Wednesday, January 22, 2003/Rules and Regulations

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,

Incorporation by reference,

Intergovernmental regulations, Ozone,

Reporting and recordkeeping

requirements.

Dated: October 31, 2002.

Alexis Strauss,

Acting Regional Administrator, Region 9.

Part 52 of chapter I, title 40, 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 D-Arizona

2. Section 52.120 is amended by

adding paragraphs (c)(108) and (c)(109)

to read as follows:

§52.120 Identification of plan.

(c) * * *

(108) Revisions to the Arizona State

Implementation Plan for the Motor

Vehicle Inspection and Maintenance

Programs, submitted on July 6, 2001.

(i) Incorporation by reference.

(A) Arizona Revised Statutes.

(1) Section 49-551 as amended in

Section 27 of Arizona Senate Bill 1427,

43rd Legislature, 2nd Regular Session

(1998), approved by the Governor on

May 29, 1998.

(2) Section 49-544 as amended in

Section 15 of Arizona Senate Bill 1007,

43rd Legislature, 4th Special Session

(1998), approved by the Governor on

May 20, 1998.

(3) Section 49-541 as amended in

Section 44 of Arizona House Bill 2189,

44th Legislature, 1st Regular Session

(1999), approved by the Governor on

May 18, 1999.

(4) Section 49-542.01 repealed in

Section 3 and Section 49-545 as

amended in Section 5 of Arizona House

Bill 2104, 44th Legislature, 2nd Regular

session (2000), approved by the

Governor on April 28, 2000.

(5) Section 49-542.05 as added in

Section 23 of Arizona Senate Bill 1004,

44th Legislature, 7th Special Session

(2000), approved by the Governor on

December 14, 2000.

(B) Arizona Administrative Code.

(1) Title 18, Chapter 2, Article 10

(except for AAC R 18-2-1020) "Motor

Vehicles; Inspection and Maintenance"

as adopted on December 31, 2000.

(109) Revisions to the Arizona State

Implementation Plan for the Motor

Vehicle Inspection and Maintenance

Programs, submitted on April 10, 2002

by the Governor's designee.

(i) Incorporation by reference.

(A) Arizona Revised Statutes.

(1) Section 49-542 as amended in

Section 9, Section 49-543 as amended

in Section 11, and Section 49-541.01

repealed in Section 29 of Arizona House

Bill 2538, 45th Legislature, 1st Regular

Session (2001), approved by the

Governor on May 7, 2001.

(B) Arizona Administrative Code.

(1) Amendments to AAC R 18-2-1006

and 18-2-1019, and the repeal of AAC

R 18-2-1014 and R 18-2-1015 effective

January 1, 2002.

3. Section 52.123 is amended by

adding paragraph (k) to read as follows:

§52.123 Approval status.

(k) The Administrator approves the

revised Enhanced Vehicle Inspection

and Maintenance Program for the

Maricopa County carbon monoxide and

ozone nonattainment area submitted by

the Arizona Department of

Environmental Quality on July 6, 2001

and April 10, 2002 as meeting the

requirements of Clean Air Act sections

182(c)(3) and 187(a)(6) and the

requirements for high enhanced

inspection and maintenance programs

contained in 40 CFR part 51, subpart S.

[FR Doc. 03-1234 Filed 1-21-03; 8:45 am]

BILLING CODE 6560-50-P

FEDERAL COMMUNICATIONS

COMMIISSION

47 CFR Part 20

[CC Docket No. 94-102; FCC 02-318]

Compatibility With Enhanced 911

Emergency Calling Systems; PSAP

E911 Service Readiness

AGENCY: Federal Communications

Commission.

ACTION: Final rule; petitions for

reconsideration.

SUMMARY: This document responds to

petitions for reconsideration of the

Commission's October 2001 decision

which addressed a petition from the city

of Richardson, Texas by adopting rules

that clarify what constitutes a valid

Public Safety Anwering Point (PSAP) to

trigger a wireless carrier's obligation to

provide E911 service to the PSAP

within six months. The document

modifies the Commission's rules to

provide additional clarification

regarding PSAP readiness. The action is

taken to respond to the petitions for

reconsideration and to promote rapid

E911 implementation.

DATES: Effective February 21, 2003,

except for §§ 20.18(j)(4) and (5), which

contain information collection

requirements that are not effective until

approved by the Office of Management

and Budget. The Commission is seeking

emergency approval from the Office of

Management and Budget for these

collections. Public comment on the

information collections on these PRA

burdens are due March 24, 2003. The

Commission will publish a document in

the Federal Register announcing the

effective date of these sections.

FOR FURTHER INFORMATION CONTACT:

Jennifer Salhus, Attorney, 202-418-

1310. For further information

concerning the information collection

contained in this Fourth Memorandum

Opinion and Order, contact Judith Boley

Herman, Federal Communications

Commission, 202-418-0214, or via the

Internet at jboley@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission's Order on

Reconsideration (Recon) in CC Docket

No. 94-102; FCC 02-318, adopted

November 21, 2002, and released

November 26, 2002. The complete text

of the Recon and the Supplemental

Final Regulatory Flexibility Analysis is

available on the Commission's Internet

site, at http://www.fcc.gov., and is also

available for inspection and copying

during normal business hours in the

FCC Reference Information Center,

Courtyard Level, 445 12th Street, SW.,

Washington, DC. The text may also be

purchased from the Commission's copy

contractor, Qualex International, Portals

II, 445 12th Street, SW., CY-134202,

Washington, DC 20554 (telephone 202-

863-2893).

Synopsis of the Order on

Reconsideration

1. The Recon responds to two

petitions for reconsideration of the

Commission's Order (60 FR 55618,

November 2, 2001) in this proceeding.

The Order, in further response to a

petition filed by the city of Richardson,

Texas, adopted rules clarifying what

constitutes a valid PSAP request to

trigger a wireless carrier's obligation to

provide E911 service to that PSAP

within six months. The Recon modifies

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