28836 Federal Register / Vol. 66, No. 102 / Friday, May 25, 2001 / Rules and Regulations

Regulatory Procedures

Justification for Final Rule

Pursuant to section 702(a)(5) of the

Social Security Act, SSA follows the

Administrative Procedure Act (APA)

rulemaking procedures specified in 5

U.S.C. 553 in the development of its

regulations. The APA provides

exceptions to its notice and public

comment procedures when an agency

finds there is good cause for dispensing

with such procedures on the basis that

they are impracticable, unnecessary, or

contrary to the public interest. We have

determined that, under 5 U.S.C.

553(b)(B), good cause exists for waiver

of the notice and public comment

procedures for this regulation because

those procedures are unnecessary in this

situation. This regulation does not

contain discretionary policy or

substantive change, but merely notifies

the public of prior OMB approval for the

information collection and

recordkeeping requirements contained

in several sections and supplies the

OMB control number for several

sections. Therefore, we are issuing this

regulation as a final rule.

In addition, we find good cause for

dispensing with the 30-day delay in the

effective date, as provided by 5 U.S.C.

553(d), because such delay in

unnecessary. This is not a substantive

rule. It merely notifies the public of

prior OMB approval for several sections

and provides the OMB control number

for several sections.

Executive Order 12866

We have consulted with OMB and

determined that this rule does not meet

the criteria for a significant regulatory

action under Executive Order 12866.

Thus, it was not subject to OMB review.

We have also determined that this final

rule meets the plain language

requirement of Executive Order 12866.

Regulatory Flexibility Act

We certify that this final regulation

will not have a significant economic

impact on a substantial number of small

entities, including small governmental

jurisdictions. Therefore, a regulatory

flexibility analysis as provided in the

Regulatory Flexibility Act, as amended,

is not required.

Paperwork Reduction Act

This final regulation imposes no

additional reporting/recordkeeping

requirements necessitating clearance by

OMB.

(Catalog of Federal Domestic Assistance

Program No. 96.001 Social Security—

Disability Insurance; 96.002 Social

Security—Retirement Insurance; and 96.004

Social Security—Survivors Insurance)

List of Subjects in 20 CFR Part 404

Administrative practice and

procedure, Blind, Disability benefits,

Old-age, Survivors and Disability

insurance, Reporting and recordkeeping

requirements, Social security.

Dated: May 18, 2001.

Larry G. Massanari,

Acting Commissioner of Social Security.

For the reasons set forth in the

preamble, subpart M of 20 CFR part 404

is amended as set forth below.

PART 404—FEDERAL OLD-AGE,

SURVIVORS AND DISABILITY

INSURANCE (1950– )

Subpart M—[Amended]

1. The authority citation for subpart M

of part 404 continues to read as follows:

Authority: Secs. 205, 210, 218, and

702(a)(5) of the Social Security Act (42 U.S.C.

405, 410, 418, and 902(a)(5)); sec. 12110, Pub.

L. 99–272, 100 Stat. 287 (42 U.S.C. 418 note);

sec. 9002, Pub. L. 99–509, 100 Stat. 1970.

2. A parenthetical is added to the end

of sections 404.1203, 404.1204,

404.1214, 404.1215, 404.1216, 404.1220,

404.1225, 404.1237, 404.1239, 404.1242,

404.1243, 404.1247, 404.1249, 404.1251,

404.1265, 404.1271, 404.1272, and

404.1292 to read as follows:

(Approved by the Office of Management and

Budget under control number 0960–0425.)

[FR Doc. 01–13242 Filed 5–24–01; 8:45 am]

BILLING CODE 4191–02–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[Docket No. AK–01–003b; FRL–6986–4]

Clean Air Act Promulgation of

Attainment Date Extension for the

Fairbanks North Star Borough Carbon

Monoxide Nonattainment Area, AK

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving a one-year

extension of the attainment date for the

Fairbanks North Star Borough (FNSB),

Alaska nonattainment area for carbon

monoxide (CO). FNSB failed to attain

the National Ambient Air Quality

Standards (NAAQS) for CO by the

applicable attainment date of December

31, 2000. This action is based on EPA’s

evaluation of air quality monitoring data

and the extension request submitted by

the Commissioner, Alaska Department

of Environmental Conservation (ADEC)

on March 29, 2001, in accordance with

section 186(a)(4) of the Clean Air Act

(CAA).

DATES: This action is effective on July

24, 2001 unless EPA receives adverse

comments by June 25, 2001. If adverse

comments are received, EPA will

publish a timely withdrawal of the

direct final rule in the Federal Register

informing the public that the rule will

not take effect.

ADDRESSES: Written comments may be

mailed to Connie Robinson, EPA,

Region 10, Office of Air Quality, OAQ–

107, 1200 Sixth Ave., Seattle, WA

98101. Copies of the documents relevant

to this action are available for public

inspection during normal business

hours at EPA, Region 10, 1200 Sixth

Ave., Seattle, WA 98101. Copies of the

state documents relevant to this action

are available for public inspection at the

Alaska Department of Environmental

Conservation, 410 Willoughby, Suite

303, Juneau, Alaska 99801–1795.

FOR FURTHER INFORMATION CONTACT:

Connie Robinson, EPA, Region 10,

Office of Air Quality, OAQ–107, 1200

Sixth Ave., (206) 553–1086.

SUPPLEMENTARY INFORMATION:

Throughout this document, wherever

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean

the Environmental Protection Agency

(EPA). This supplementary information

is organized as follows:

I. Background

A. Designation and Classification of CO

Nonattainment Areas.

B. How Does EPA Make Attainment

Determinations?

C. What are the CAA Requirements for an

Attainment Date Extension that Apply to

FNSB?

II. EPA’s Action

A. What is EPA Approving?

B. What is the History Behind this

Approval?

III. Basis for EPA’s Action

A. Air Quality Data

B. Compliance with the Applicable SIP

C. Substantial Implementation of Control

Measures

D. Reasonable Further Progress

IV. Summary of Action

V. Administrative Requirements

I. Background

A. Designation and Classification of CO

Nonattainment Areas

Upon enactment of the 1990 CAA

Amendments, areas meeting the

requirements of section 107(d) of the

CAA were designated nonattainment for

CO by operation of law and classified

either ‘‘moderate’’ or ‘‘serious.’’

Moderate CO nonattainment areas with

Federal Register / Vol. 66, No. 102 / Friday, May 25, 2001 / Rules and Regulations 28837

a design value between 9.1–16.4 parts

per million (ppm), were expected to

attain the CO NAAQS as expeditiously

as practicable but no later than

December 31, 1995. Serious CO

nonattainment areas with a design value

between 16.5 ppm and above were

expected to attain the CO NAAQS as

expeditiously as practicable but no later

than December 31, 2000.

States containing areas designated as

either moderate or serious for CO had

the responsibility of developing and

submitting to EPA State Implementation

Plans (SIPs) which addressed the

nonattainment air quality problems in

those areas. EPA issued general

guidance concerning the requirements

for SIP submittals, which included

requirements for CO nonattainment area

SIPs, pursuant to Title I of the Act, (see

generally 57 FR 13489 (April 16, 1992)

and 57 FR 18070 (April 28, 1992)). The

air quality planning requirements for

CO nonattainment areas are set out in

sections 186–187 respectively of the

CAA, which pertain to the classification

of CO nonattainment areas and

submission of SIP requirements for

these areas.

B. How Does EPA Make Attainment

Determinations?

EPA has the responsibility for

determining whether a nonattainment

area has attained the CO NAAQS by the

applicable attainment date. We have the

responsibility of making attainment

determinations for CO nonattainment

areas by no later than six (6) months

after the applicable attainment date for

the areas. We make attainment

determinations for CO nonattainment

areas based upon whether an area has 8

consecutive quarters (2 years) of clean

air quality data. No special or additional

SIP submittal is required from the State

for this determination. Section 179(c)(1)

of the Act provides that the attainment

determination is to be based upon an

area’s ‘‘air quality as of the attainment

date.’’ We make the determination of

whether an area’s air quality is meeting

the CO NAAQS by the applicable

attainment date based upon the most

recent 2 years of data gathered at

established state and local air

monitoring stations (SLAMS) and

entered into the Aerometric Information

Retrieval System (AIRS). Data entered

into the AIRS has been determined to

meet federal monitoring requirements

(see 40 CFR 50.8, 40 CFR part 50,

appendix C, 40 CFR part 53, 40 CFR part

58, appendix A & B) and in accordance

with EPA policy as stated in a

memorandum from William G. Laxton,

Director Technical Support Division,

entitled ‘‘Ozone and Carbon Monoxide

Design Value Calculations’’ June 18,

1990, may be used to determine the

attainment of areas. CO design values

are discussed in terms of the 8-hour CO

NAAQS. The CO NAAQS requires that

not more than one, 8-hour average per

year can exceed 9.0 ppm (greater than

9 or equal to 9.5 ppm to adjust for

rounding). CO attainment is evaluated

by reviewing 8 quarters or a total of 2

consecutive and complete years of data.

If an area has a design value greater than

9.0 ppm, this serves as an indication

that a monitoring site in the area, where

the second-highest (non-overlapping) 8-

hour average was measured, had CO

concentrations measured at levels

greater than 9.0 ppm in at least 1 of the

2 years and that there were at least 2

values above the standard (9.0 ppm)

during 1 of the 2 years being reviewed

at a particular monitoring site. Thus, the

standard was not met.

C. What Are the CAA Requirements for

an Attainment Date Extension That

Apply to FNSB?

Pursuant to section 186(a)(4) of the

Act, if a State containing a CO

nonattainment area does not have 2

consecutive years of clean air quality

date to demonstrate that the area has

attained the CO NAAQS, the State may

apply for a one year extension of the

attainment date. EPA may extend the

attainment date for one additional year

only if the State has: (1) Complied with

the requirements and commitments

pertaining to the applicable

implementation plan for the area, and

(2) the area has measured no more than

1 exceedance of CO NAAQS at any

monitoring site in the nonattainment

area in the year preceding the extension

year. If the State does not have the

requisite number of years of clean air

quality data to show attainment in a

serious CO nonattainment area by its

attainment date and does not apply, or

does not qualify for an attainment date

extension, the area will be determined

by EPA to have failed to attain the

standard and the State must submit a

plan revision pursuant to section 187(g)

of the CAA.

The authority delegated to the

Administrator to extend attainment

dates for serious areas is discretionary.

Section 186(a)(4) of the Act provides

that the Administrator ‘‘may’’ extend

the attainment date for areas that meet

the minimum requirements specified

above. The provision does not dictate or

compel that we grant extensions to such

areas. In exercising this discretionary

authority for serious CO nonattainment

areas, we will examine the air quality

planning progress made in the serious

CO nonattainment area. We will also be

disinclined to grant an attainment date

extension unless a State has, in

substantial part, addressed the

applicable CO nonattainment area

planning obligations for the area. In

order to determine whether the State

has substantially met these planning

requirements, we will review the State’s

application for the attainment date

extension to determine whether the

State has: (1) Adopted and substantially

implemented control measures to satisfy

the requirements for the serious CO

nonattainment area; and (2)

demonstrated that reasonable further

progress (RFP) is being met for the area

as defined by section 171(1) of the CAA.

If the State cannot make a sufficient

demonstration that the area has

complied with the extension criteria

stated above, the area will be required

to submit a plan revision within 9

months of this determination by EPA in

the Federal Register pursuant to section

187(g) of the CAA. If an attainment date

extension is granted for the area, at the

end of the extension year, we will again

determine whether the area has attained

the CO NAAQS. If the requisite 2

consecutive years of clean air quality

data needed to demonstrate attainment

are not met, the State will be required

to submit a plan revision for the area

pursuant to section 187(g) of the CAA.

II. EPA’s Action

A. What Is EPA Approving?

In response to a request from the

Commissioner, ADEC, we are, by

today’s action, granting a 1-year

attainment date extension for the FNSB

CO nonattainment area. This action

extends the attainment date from

December 31, 2000, to December 31,

2001. The action to extend the

attainment date for FNSB is based on

monitored air quality data for the CO

NAAQS for calendar year 2000.

B. What Is the History Behind This

Approval?

FNSB was designated nonattainment

for CO by operation of law upon

enactment of the 1990 CAA

Amendments. Under 186(a) of the Act,

each CO area designated nonattainment

was also classified by operation of law

as either ‘‘moderate’’ or ‘‘serious’’

depending on the severity of the area’s

air quality problem. States containing

areas that were classified as moderate

nonattainment were required to attain

the CO NAAQS as expeditiously as

practicable but no later than December

31, 1995. If a moderate CO

nonattainment area was unable to attain

the CO NAAQS by December 31, 1995,

the area was reclassified as a serious

28838 Federal Register / Vol. 66, No. 102 / Friday, May 25, 2001 / Rules and Regulations

nonattainment area by operation of law.

FNSB was reclassified as a serious

nonattainment area by operation of law

effective March 30, 1998 (see 63 FR

9945, February 27, 1999). As a result of

the reclassification, FNSB was to

demonstrate attainment of the CO

NAAQS as expeditiously as practical

but no later than December 31, 2000, the

CAA attainment date for all serious CO

areas.

As noted above, EPA has the

responsibility for determining whether a

nonattainment area has attained the CO

NAAQS by the applicable attainment

date. If the State does not have the 2

consecutive clean years of data to show

attainment of the NAAQS, a State may

apply for an extension of the attainment

date. Notwithstanding significant efforts

by the State of Alaska to demonstrate

attainment, the State has failed to meet

the December 31, 2000 deadline. We are

now approving an extension of the

attainment date to December 31, 2001.

As we explain more fully below, we

believe the extension is warranted

under CAA section 186(a)(4).

III. Basis for EPA’s Action

A. Air Quality Data

We are using data from calendar year

2000 to determine whether the area met

the air quality criteria for granting a 1-

year extension to the attainment date

under section 186(a)(4)(B) of the CAA.

The FNSB operates three CO

monitors: Federal Building/2nd &

Cushman, State Office Building/675 7th

Avenue, and Hunter Elementary/17th &

Gilliam Way. Sampling at these sites is

conducted every day. Data was

submitted by Alaska to be included in

AIRS and the data was deemed valid by

EPA.

In calendar year 2000, one exceedance

occurred on February 8, 2000, at the

Federal Building/2nd & Cushman site

and one exceedance occurred on

February 8, 2000, at the State Office

Building/675 7th Avenue. The 8-hour

CO NAAQS average was 11.5 and 9.7

respectively. Neither of these

monitoring stations exceeded the CO

standard a second time during calendar

year 2000. Therefore, no violation of CO

NAAQS occurred during 2000. The area

has met one of the requirements to

qualify for an attainment date extension

under section 186(a)(4).

B. Compliance With the Applicable SIP

The State of Alaska submitted CO SIP

revisions to comply with the CAA on

July 11, 1994 and we approved the

revisions effective June 5, 1995 (see 60

FR 17232, April 5, 1995). Alaska

submitted three additional SIP revision

packages on February 6, 1997, June 1,

1998, and September 10, 1998 (see 64

FR 72940, December 29, 1999). The

approved SIP control strategies consist

of controls for stationary and area

sources of CO emissions. Based on the

milestone report the State submitted

with their extension request, we believe

that Alaska is in compliance with the

requirements and commitments in the

applicable implementation plan that

pertains to the FNSB CO nonattainment

area. The milestone report indicates that

Alaska has implemented and continues

to operate its adopted emission control

measures. The predominant source of

CO emission in the nonattainment area

is motor vehicles. The moderate CO area

SIP focuses on control strategies to

reduce CO from motor vehicles. These

control measures consist of the federal

emission controls required for new

vehicles, and the Inspection/

Maintenance (I/M) program. The

contingency measure adopted for FNSB

was an enhanced repair technician

training and certification program as an

element of the I/M program. This

program element was triggered when

Fairbanks failed to attain by the

moderate area deadline of December 31,

1995, and has been fully implemented.

All current control strategies are being

maintained.

C. Substantial Implementation of

Control Measures

The State of Alaska has developed

and implemented substantial control

measures for the FNSB nonattainment

area for the serious CO SIP to be

submitted. Improvements to the vehicle

I/M program which have already been

submitted to EPA will be incorporated

into the serious area plan. These include

improved test equipment and

procedures which increase accuracy of

CO emissions measurements and pass/

fail determinations; quality assurance

and quality control procedures which

result in a lower rate of fraudulent and

erroneous tests; more stringent repair

requirements which reduce the number

of repair cost waivers; an increase in

vehicle-related enforcement efforts by

ADEC; and a vehicle sticker program to

show compliance with I/M program

requirements.

FNSB has been working toward

reducing cold starts through the use of

engine block heaters/electrical plug-ins.

Recent testing programs have shown

plug-ins provide a substantial reduction

in motor vehicle cold start emissions.

The Borough has increased the number

of parking spaces equipped with

electrical outlets in the 1995–2000

period. This has been achieved by

retrofitting existing public facilities and

including outlets in all new public

facilities. It has also been achieved by

encouraging the private sector to retrofit

existing facilities and to include outlets

in new private facilities. This effort has

resulted in 786 additional spaces

equipped with electrical outlets, an

increase of about 12 percent. In contrast,

data from the Alaska Department of

Transportation and Public Facilities

(ADOT&PF) indicate that travel

increased by only 3.1% in the same

1995–2000 period. This trend is

expected to continue using Congestion

Mitigation Air Quality (CMAQ) funds

that FNSB has secured from the Federal

Highway Administration for retrofitting

additional public parking spaces.

FNSB has shown a commitment to

modifying public behavior through

outreach efforts. Initially, they began

informing the public of air quality alerts

when CO forecasts indicated that the 9

ppm 8-hour average was likely to be

exceeded. As part of the alert, the public

is encouraged to minimize driving, plug

in their vehicles, and use transit when

possible. Additional outreach efforts

urge citizens to plug in at warmer

temperatures informing them of the

benefits to the air and to their vehicles

through reduced maintenance. Public

service announcements have also

warned the public of increased

enforcement activities for violators of

the I/M program. Public outreach

advertising free bus rides during the CO

season in 2000/2001 was quite

successful and ridership increased 72%

in 2000.

Over the past 5 years 11 separate

highway improvement projects were

completed. The projects focused

primarily on intersection and

signalization improvements. Several

projects were also focused on roadway

upgrades and reconstruction. ADOT&PF

estimates that the combined effort of

these improvements increases speeds in

the nonattainment area by 0.2 miles per

hour.

D. Reasonable Further Progress

The historical trend in the FNSB’s air

quality has been toward lower CO

levels. CO concentrations have

decreased from a second-high 8-hour

average of 19.0 ppm and 45 violations

in 1983, to a second-high 8-hour average

of 8.9 ppm and zero violations in

calendar year 2000. The continued

improvement in CO concentrations in

the FNSB of 32% CO emission

reduction projected between 1995 and

2000, has been achieved mainly by

emission reductions resulting from

turnover of the vehicle fleet and

required vehicle repairs and

maintenance under the I/M program.

Federal Register / Vol. 66, No. 102 / Friday, May 25, 2001 / Rules and Regulations 28839

These control measures and emission

reductions are permanent and

enforceable.

The implementation of the enhanced

I/M, combined with the Federal Motor

Vehicle Control Program; the

continuation of the program of

retrofitting public parking lots with

electrical outlets; and the recent free

transit program along with an expanded

public awareness program is expected to

result in further decreases in CO

emissions and ambient concentrations

in the FNSB. Based on the above, EPA

believes that RFP toward attainment of

the CO NAAQS has been demonstrated.

IV. Summary of Action

In summary, for the reasons discussed

above, EPA is granting the State’s

request for a 1-year extension of the

attainment date for the FNSB CO

nonattainment area from December 31,

2000, to December 31, 2001.

EPA is publishing this action without

prior proposal because the Agency

views this action as noncontroversial

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 extension should adverse

comments be filed. This action will be

effective July 24, 2001 without further

notice unless we receive relevant

adverse comment by June 25, 2001. If

EPA receives such comments, then this

action will be withdrawn before the

effective date by publishing a

subsequent document that will

withdraw the final action. All public

comments received will then be

addressed in a subsequent final rule

based on the proposed action. The EPA

will not institute a second comment

period. Any parties interested in

commenting on this action should do so

at this time. If no such comments are

received, the public is advised that this

action will be effective July 24, 2001.

V. 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. This

action merely approves a state request

for an attainment date extension.

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 does not

impose any enforceable duty, 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). This rule also does

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), nor will

it 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 request for an

attainment date extension 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 (62 FR 19885, April 23,

1997), because it is not economically

significant.

As required by section 3 of Executive

Order 12988 (61 FR 4729, February 7,

1996), in issuing this 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.).

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 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.).

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). This rule

will be effective July 24, 2001 unless

EPA receives adverse written comments

by June 25, 2001.

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 July 24, 2001.

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,

Intergovernmental relations, Reporting

and recordkeeping requirements.

Dated: May 16, 2001.

Charles Findley,

Acting Regional Administrator, Region 10.

[FR Doc. 01–13273 Filed 5–24–01; 8:45 am]

BILLING CODE 6560–50–P