Federal Register / Vol. 66, No. 112 / Monday, June 11, 2001 / Proposed Rules 31197

The Proposed Amendment

In consideration of the foregoing, the

Federal Aviation Administration

proposes to amend 14 CFR part 71 as

follows:

PART 71—[AMENDED]

1. The authority citation for 14 CFR

Part 71 continues to read as follows:

Authority: 49 U.S.C. 106(g), 40103, 40113,

40120; EO 10854, 24 FR 9565, 3 CFR, 1959–

1963 Comp., p. 389.

§ 71.1 [Amended]

2. The incorporation by reference in

14 CFR 71.1 of Federal Aviation

Administration Order 7400.9H dated

September 1, 2000, and effective

September 16, 2000, is proposed to be

amended as follows:

Paragraph 6005 Class E airspace areas

extending upward from 700 feet or more

above the surface of the earth.

* * * * *

AEA PA E5, Sharon, PA (NEW)

Shenango-UMP Horizon Hospital Heliport

(Lat. 41°12′19′′ N/long. 80°28′05′′ W)

Point in Space

(Lat. 41°13′28′′ N/long. 80°24′29′′ W)

That airspace extending upward from 700

feet above the surface within a 6 mile radius

of the Shenango-UMPC Horizon Hospital

Heliport.

* * * * *

Issued in Jamaica, New York on May 29,

2001.

F. D. Hatfield,

Manager, Air Traffic Division, Eastern Region.

[FR Doc. 01–14655 Filed 6–8–01; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 1

[REG–105946–00]

RIN 1545–AY31

Mid-Contract Change in Taxpayer;

Hearing Cancellation

AGENCY: Internal Revenue Service (IRS),

Treasury.

ACTION: Cancellation of notice of public

hearing on proposed rulemaking.

SUMMARY: This document provides

notice of cancellation of a public

hearing on proposed regulation relating

to mid-contract changes in taxpayer.

DATES: The public hearing originally

scheduled for Wednesday, June 13,

2001, at 10 a.m., is cancelled.

FOR FURTHER INFORMATION CONTACT: Guy

R. Traynor of the Regulations Unit,

Assistant Chief Counsel, (202) 622–7180

(not a toll-free number).

SUPPLEMENTARY INFORMATION: A notice

of proposed rulemaking and notice of

public hearing that appeared in the

Federal Register on February 16, 2001

(66 FR 10643), announced that a public

hearing was scheduled for June 13, 2001

at 10 a.m., in room 6718 of the Internal

Revenue Building, 1111 Constitution

Avenue NW., Washington, DC. The

subject of the public hearing is proposed

regulations under section 460 of the

Internal Revenue Code. The public

comment period for these regulations

expired on May 30, 2001.

The notice of proposed rulemaking

and notice of public hearing, instructed

those interested in testifying at the

public hearing to submit a request to

speak and an outline of the topics to be

addressed. As of June 7, 2001, no one

has requested to speak. Therefore, the

public hearing scheduled for June 13,

2001, is cancelled.

Cynthia E. Grigsby,

Chief, Regulations Unit, Office of Special

Counsel, (Modernization & Strategic

Planning).

[FR Doc. 01–14759 Filed 6–7–01; 2:28 pm]

BILLING CODE 4830–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[TX–133–1–7493; FRL–6995–1]

Proposed Approval and Promulgation

of Implementation Plans; Texas; Lawn

Service Equipment Operating

Restrictions; and Requirements for

Motor Vehicle Idling for the Houston/

Galveston (HG) Ozone Nonattainment

Area

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: The EPA proposes to approve

revisions to the Texas State

Implementation Plan. This proposal

covers two separate actions. We are

proposing approval of: A rule that

would implement an operating-use

restriction program requiring that the

handheld and non-handheld sparkignition engines, rated at 25 hp and

below, be restricted from use by

commercial operators between the hours

of 6:00 a.m. and noon, April 1 through

October 31, in the counties Brazoria,

Fort Bend, Galveston, Harris, and

Montgomery; and, a rule to implement

idling limits for gasoline and dieselpowered engines in heavy-duty motor

vehicles in the HG area counties of

Brazoria, Chambers, Fort Bend,

Galveston, Harris, Liberty, Montgomery,

and Waller. These new rules will

contribute to attainment of the National

Ambient Air Quality Standard (NAAQS)

for ozone standard in the HG area. The

EPA is proposing approval of these

revisions to the Texas SIP to regulate

emissions of nitrogen oxides (NOX) and

volatile organic compounds (VOC) in

accordance with the requirements of the

Federal Clean Air Act (the Act).

DATES: Written comments must be

received on or before July 11, 2001.

ADDRESSES: Written comments should

be addressed to Mr. Thomas H. Diggs,

Chief, Air Planning Section (6PD–L), at

the EPA Region 6 Office listed below.

Copies of documents relevant to this

action are available for public

inspection during normal business

hours at the following locations.

Anyone wanting to examine these

documents should make an

appointment with the appropriate office

at least two working days in advance.

Environmental Protection Agency,

Region 6, Air Planning Section (6PD–L),

1445 Ross Avenue, Dallas, Texas 75202–

2733. Texas Natural Resource

Conservation Commission, Office of Air

Quality, 12124 Park 35 Circle, Austin,

Texas 78753.

FOR FURTHER INFORMATION CONTACT:

Steven Pratt, P.E., Air Planning Section

(6PD–L), EPA Region 6, 1445 Ross

Avenue, Dallas, Texas 75202–2733,

telephone (214) 665–2140.

SUPPLEMENTARY INFORMATION:

Throughout this document ‘‘we,’’ ‘‘us,’’

and ‘‘our’’ refers to EPA.

This document concerns Control of

Air Pollution of NOX and VOCs for onroad and non-road equipment and

vehicle sources in the HG area and the

control measures for attainment

demonstration purposes. For further

information, please see the Technical

Support Document (TSD) prepared for

this action.

What Action Are We Taking Today?

On December 20, 2000, the Governor

of Texas submitted to EPA these two

rule revisions (an operating-use

restriction program for handheld and

non-handheld spark-ignition engines,

rated at 25 hp and below, used by

commercial operators; and, idling limits

for gasoline and diesel-powered engines

in heavy-duty motor vehicles) to the 30

TAC, Chapter 114, ‘‘Control of Air

Pollution From Motor Vehicles,’’ as a

revision to the SIP.

These new rules will contribute to

attainment of the ozone standard in the

HG area. The EPA is proposing to

31198 Federal Register / Vol. 66, No. 112 / Monday, June 11, 2001 / Proposed Rules

approve these revisions to the Texas SIP

to regulate emissions of NOX and VOCs

in accordance with the requirements of

the Federal Clean Air Act (the Act). For

more information on the SIP revision,

please refer to our TSD and the State’s

December 20, 2000 SIP revision.

What Are the Requirements of the

December 20, 2000, Texas SIP Revision

for the Operation of Lawn Service

Equipment?

The purpose of this rule is to

implement an operating-use restriction

program requiring that the handheld

and non-handheld spark-ignition

engines, rated at 25 hp and below, be

restricted from use by commercial

operators between the hours of 6 a.m.

and noon, April 1 through October 31.

Spark-ignition lawn and garden service

handheld equipment includes, but is

not limited to, trimmers, edgers, chain

saws, leaf blowers/vacuums, and

shredders. Spark-ignition lawn and

garden service non-handheld lawn and

garden equipment covered by the rules

includes such devices as walk-behind

lawnmowers, lawn tractors, tillers, and

small generators. The engines are both

two cycle and four cycle engines,

generally unable to use automotive

technology, such as closed-loop engine

control and three-way catalysts, to

reduce emissions.

As a result of this restriction,

production of ozone precursors will be

stalled until later in the day when

optimum ozone formation conditions no

longer exist, ultimately reducing the

peak level of ozone produced. It is

estimated that this measure will achieve

a minimum of 0.23 tons per day (tpd)

delay of NOX until after noon. There

will also be a 12.4 tpd delay in VOC

emissions until after noon. Because the

emission of NOX and VOC, both

precursors to the formation of ozone,

will be delayed until after noon, this

delay will lead to a reduction in ozone

that is equivalent to that which would

result from approximately 4.6 tpd of

NOX reduction.

The Texas regulation allows operators

to submit an alternate emissions

reduction plan by May 31, 2003. The

alternate plan would allow operation

during the restricted hours, provided

the plan achieves reductions of NOX

and VOCs that would result in ozone

benefits equivalent to the underlying

regulation.

The regulation exempts from the

restriction use at a domestic residence

by the owner of, or a resident at, that

domestic residence, use by a noncommercial operator, or any equipment

used exclusively for emergency

operations to protect human health and

safety or the environment, including

equipment being used in the repair of

facilities, devices, systems, or

infrastructure that have failed, or are in

danger of failing, in order to prevent

immediate harm to public health, safety,

or the environment.

The affected area would include the

following counties within the HG

nonattainment area: Brazoria, Fort Bend,

Galveston, Harris, and Montgomery.

This control strategy is a necessary

measure to consider for contributing to

a successful attainment demonstration

with the NAAQS for ozone.

What Are the Requirements of the

December 20, 2000, Texas SIP Revision

for Restricting Motor Vehicle Idling?

The purpose of this rule is to establish

idling limits for gasoline and dieselpowered engines in heavy-duty motor

vehicles in the HG area. The rule

defines heavy-duty motor vehicles as

those motor vehicles that have a gross

vehicle weight rating (GVWR) of greater

than 14,000 pounds. To comply with

the motor vehicle idling regulations, no

person in the affected counties may

cause, suffer, allow, or permit the

primary propulsion engine of a heavyduty motor vehicle to idle for more than

five consecutive minutes when the

vehicle is not in motion during the time

period April 1 through October 31.

These idling limits will lower NOX

emissions and other pollutants from fuel

combustion. Because NOX is a precursor

to ground-level ozone formation,

reduced emissions of NOX will result in

ground-level ozone reductions. It is

estimated that this measure will achieve

a minimum of 0.48 tpd of NOX

equivalent reductions.

The Texas regulation allows the

following exemptions: covered vehicles

that are forced to remain motionless

because of traffic conditions over which

the operator has no control; vehicles

being used as an emergency or law

enforcement motor vehicle; when the

engine of a covered motor vehicle is

being operated for maintenance or

diagnostic purposes; when the engine of

a covered motor vehicle is being

operated solely to defrost a windshield;

when the covered vehicle is being

operated to provide a power source

necessary for mechanical operation

other than propulsion, passenger

compartment heating, or air

conditioning; where the primary

propulsion engine of a covered vehicle

is being operated to supply heat or air

conditioning necessary for passenger

comfort/safety in those vehicles

intended for commercial passenger

transportation or school buses, in which

case idling up to a maximum of 30

minutes is allowed; where the primary

propulsion engine of a covered vehicle

is being used for transit operations, in

which case idling up to a maximum of

30 minutes is allowed; and where the

primary propulsion engine of a vehicle

is being used in airport ground support

equipment. The exemption for ground

service equipment is intended to cover

all equipment that is used to service

aircraft during passenger and/or cargo

loading and unloading, maintenance,

and other ground-based operations.

The affected area would include the

following counties within the HG

nonattainment area: Brazoria, Chambers,

Fort Bend, Galveston, Harris, Liberty,

Montgomery, and Waller. This control

strategy is a necessary measure to

consider for contributing to a successful

attainment demonstration with the

NAAQS for ozone.

The TNRCC has proposed revisions to

the idling restriction rule. The changes

clarify that the operator of a rented or

leased vehicle is responsible for

compliance with the requirements in

situations where the operator of a leased

or rented vehicle is not employed by the

owner of the vehicle. Our preliminary

review indicates that the changes do not

weaken the rule, but merely clarify

enforcement provisions. Should a SIP

revision be submitted incorporating

these changes, the EPA may publish a

revision to this rule.

Proposed Action

We are proposing approval of two

rules: Lawn Service Equipment

Operating Restrictions; and,

Requirements for Motor Vehicle Idling

for the HG Ozone Nonattainment Area.

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 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 preexisting 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).

This rule also does not have a

Federal Register / Vol. 66, No. 112 / Monday, June 11, 2001 / Proposed Rules 31199

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 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 (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 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, Intergovernmental

relations, Motor vehicle pollution,

Volatile organic compounds, Nitrogen

oxides, Ozone, Reporting and recordkeeping

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

Dated: May 29, 2001.

Lynda F. Carroll,

Acting Regional Administrator, Region 6.

[FR Doc. 01–14477 Filed 6–8–01; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[TX–144–3–7502; FRL–6995–4]

Approval and Promulgation of Air

Quality State Implementation Plans

(SIP); Texas: Motor Vehicle Inspection

and Maintenance (I/M) Program

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: We, the EPA, are proposing

full approval of revisions to the Vehicle

Inspection and Maintenance (I/M)

Program for the Houston-Galveston

ozone nonattainment area (HGA)

adopted by the State of Texas. The

revision replaces the two-speed idle test

in Harris County with ASM–2, and

expands the upgraded I/M program to

cover the entire HGA nonattainment

area. The I/M SIP revision is part of the

HGA Attainment Demonstration.

DATES: Comments must be received on

or before July 11, 2001.

ADDRESSES: Written comments on this

action should be addressed to Mr.

Thomas H. Diggs, Chief, Air Planning

Section, at the EPA Regional Office

listed below. Copies of the documents

relevant to this action are available for

public inspection during normal

business hours at the following

locations.

Environmental Protection Agency,

Region 6, Air Planning Section (6PD–L),

1445 Ross Avenue, Suite 700, Dallas,

Texas 75202–2733.

Texas Natural Resource Conservation

Commission, 12100 Park 35 Circle,

Austin, Texas 78711–3087.

Persons interested in examining these

documents should make an

appointment with the appropriate office

at least 24 hours before the visiting day.

FOR FURTHER INFORMATION CONTACT: Ms.

Sandra G. Rennie, Air Planning Section

(6PD–L), EPA Region 6, 1445 Ross

Avenue, Dallas, Texas 75202–2733,

telephone (214)665–7367.

SUPPLEMENTARY INFORMATION:

What Is the Status of the Current I/M

Program in Texas?

A low-enhanced vehicle I/M program

called the Texas Motorist Choice (TMC)

Program is operating in the Dallas-Fort

Worth, Houston, and El Paso ozone

nonattainment areas. The program

consists of a 2-speed idle test and gas

cap test in Dallas, Tarrant, Harris, and

El Paso counties, the core counties of

the program. In addition, the program

has a remote sensing component to

identify gross polluters that commute

into the core counties from Denton and

Collin Counties in the Dallas-Fort Worth

area, and from seven surrounding

nonattainment counties in the Houston

area. An interim conditional approval

for this program was proposed on

October 3, 1996 (61 FR 51651). An

interim final conditional approval was

published on July 11, 1997 (62 FR

37138). The conditions were removed

from the interim approval on April 23,

1999 (64 FR 19910).

The State submitted an approvable

18-month demonstration on February 8,

1999, as required by the National

Highway System Designation Act of

1995 (NHSDA), Public Law 104–59,

section 348(c)(1). The program was not

fully approved at that time because one

provision of the interim approval

required that the State provide evidence

that the remote sensing program be

effective in identifying the shortfall in

number of vehicles needed to make up

for the lack of a tailpipe testing program

in all the nonattainment counties. The

State began the remote sensing program

in October 1998. Because the State

submitted this I/M SIP revision in

which it expands geographic coverage,

the requirement to cover the shortfall

with remote sensing (the final barrier to

final full approval) is eliminated when

the new I/M tests start in each county

in the HGA.

Why Is the State Submitting This SIP

Revision to the I/M Program?

This I/M SIP revision was submitted

as part of the HGA attainment

demonstration. Modeling has shown

that oxides of nitrogen ( NOX)

reductions are essential to reaching

attainment in the HGA area. As a result,

the Texas Motorist Choice I/M program

has been revised to include

measurement for NOX emissions and to

provide additional NOX emission

reductions by expanding coverage of the

program to all eight counties within the

nonattainment area (Harris, Galveston,

Brazoria, Fort Bend, Montgomery,

Liberty, Waller, and Chambers).

What Did the State Submit?

The I/M SIP revision was submitted

under a Governor’s letter dated

December 20, 2001. The State plans to

replace the 2-speed idle test in the HGA

area with the ASM–2 test and expand