53304 Federal Register / Vol. 70, No. 173 / Thursday, September 8, 2005 / Rules and Regulations 

(10) Proceed south along Johnson 

Creek (crossing the Erie Canal), to the 

creek’s junction with Mountain Road; 

then 

(11) Proceed west on Mountain Road 

to its intersection with Gasport Road, 

then south on Gasport Road to its 

intersection with Mill Road, then west 

on Mill Road to its intersection with 

Kayner Road, then north on Kayner 

Road 0.65 mile to its junction with the 

600-foot contour line; then 

(12) Proceed westerly along the 600- 

foot contour line (crossing Cottage Road) 

to its junction with State Route 31, and 

continue west on State Route 31, 

passing onto the Lockport map and 

crossing the Erie Canal within the city 

of Lockport, to the intersection of State 

Route 31 and Upper Mountain Road; 

then 

(13) Proceed north-northwesterly on 

Upper Mountain Road 0.65 mile and 

then northerly on Sunset Drive 0.25 

mile to the junction of Sunset Drive and 

the 600-foot contour line; then 

(14) Proceed westerly along the 600- 

foot contour line, continuing through 

the Cambria map (crossing State Route 

93/270 and then Blackman and Baer 

Roads), through the Ransomville map 

(crossing State Route 429 just north of 

Pekin and then crossing Black Nose 

Spring and Model City Roads), and, 

passing onto the Lewiston map, 

continue westward along the contour 

line (through the Escarpment, Ramsey 

Ridge, and Lewiston Heights 

subdivisions), to the contour line’s 

junction with Mountain View Drive 

(just east of State Highway 104 near the 

Niagara Falls Country Club); then 

(15) Proceed west along Mountain 

View Drive to its intersection with State 

Route 104, and then proceed south on 

State Route 104 to its junction with Fish 

Creek; then 

(16) Proceed westerly along Fish 

Creek and return to the beginning point 

on the east bank of the Niagara River at 

the mouth of Fish Creek. 

Signed: July 8, 2005. 

John J. Manfreda, 

Administrator. 

Approved: August 12, 2005. 

Timothy E. Skud, 

Deputy Assistant Secretary (Tax, Trade, and 

Tariff Policy). 

[FR Doc. 05–17759 Filed 9–7–05; 8:45 am] 

BILLING CODE 4810–31–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[Region II Docket No. R02–OAR–2005–NY–

0002; FRL–7959–1] 

Approval and Promulgation of 

Implementation Plans; Onondaga 

County Carbon Monoxide Maintenance 

Plan Revision; State of New York 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The EPA is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of New York. 

This revision will establish an updated 

ten-year carbon monoxide (CO) 

maintenance plan for the Onondaga 

County attainment area. 

Onondaga County was redesignated to 

attainment of the CO National Ambient 

Air Quality Standard (NAAQS) on 

September 29, 1993 and a maintenance 

plan was also approved at that time. By 

this action, EPA is approving the New 

York State Department of 

Environmental Conservation’s (New 

York) second maintenance plan for 

Onondaga County because it provides 

for continued attainment for an 

additional ten years of the CO NAAQS. 

In addition, EPA is approving New 

York’s revised Part 225–3 (Oxygenated 

Gasoline Program provisions). 

DATES: This rule is effective on 

November 7, 2005, without further 

notice, unless EPA receives adverse 

written comment by October 11, 2005. 

If EPA receives such comments, it 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: Submit your comments, 

identified by Regional Material in 

EDocket (RME) ID Number R02–OAR–

2005–NY–0002 by one of the following 

methods: 

1. Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

2. Agency Web site: http:// 

docket.epa.gov/rmepub/. Regional 

Material in EDocket (RME), EPA’s 

electronic public docket and comment 

system, is EPA’s preferred method for 

receiving comments. Once in the 

system, select quick search, then key in 

the appropriate RME Docket 

identification number. Follow the online instructions for submitting 

comments. 

3. E-mail: werner.raymond@epa.gov. 

4. Fax: (212) 637–3901. 

5. Mail: RME ID Number R02–OAR–

2005–NY–0002, Raymond Werner, 

Chief, Air Programs Branch, U.S. 

Environmental Protection Agency, 290 

Broadway, New York, NY 10007–1866. 

6. Hand Delivery or Courier: Deliver 

your comments to: Raymond Werner, 

Chief, Air Programs Branch, U.S. 

Environmental Protection Agency, 290 

Broadway, New York, NY 10007–1866. 

Such deliveries are only accepted 

during the Regional Office’s normal 

hours of operation. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30 

excluding Federal holidays. 

Instructions: Direct your comments to 

Regional Material in EDocket (RME) ID 

Number R02–OAR–2005–NY–0002. 

EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

docket.epa.gov/rmepub/, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through Regional Material in 

EDocket (RME), regulations.gov, or email. The EPA RME Web site and the 

Federal regulations.gov Web site are 

anonymous access systems, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through RME or 

regulations.gov, your e-mail address 

will be automatically captured and 

included as part of the comment that is 

placed in the public docket and made 

available on the Internet. If you submit 

an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the 

electronic docket are listed in the 

Regional Material in EDocket (RME) 

index at http://docket.epa.gov/rmepub/. 

Although listed in the index, some 

information is not publicly available, 

i.e., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

Federal Register / Vol. 70, No. 173 / Thursday, September 8, 2005 / Rules and Regulations 53305 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically in RME or 

in hard copy at Office of Ecosystem 

Protection, U.S. Environmental 

Protection Agency, EPA Region 2 

Regional Office, 290 Broadway, New 

York, NY. 

EPA requests that if at all possible, 

you contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30 

excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Henry Feingersh, U.S. Environmental 

Protection Agency, Air Programs 

Branch, 290 Broadway, New York, NY 

10007–1866, telephone number (212) 

637–4249, fax number (212) 637–3901, 

e-mail feingersh.henry@epa.gov. 

Copies of the State submittals are 

available at the following addresses for 

inspection during normal business 

hours: 

Environmental Protection Agency, 

Region II Office, Air Programs Branch, 

290 Broadway, 25th Floor, New York, 

New York 10007–1866. 

New York State Department of 

Environmental Conservation, Division 

of Air Resources, 625 Broadway, 

Albany, New York 12233. 

SUPPLEMENTARY INFORMATION: 

The following table of contents 

describes the format for this section: 

I. What Is the Nature of EPA’s Action? 

II. What Is a Maintenance Plan and Why Is 

it Required? 

III. What Is Included in a Maintenance Plan? 

A. Attainment Inventory 

B. Maintenance Demonstration 

C. Monitoring Network 

D. Verification of Continued Attainment 

E. Contingency Plan 

1. Control Measures 

2. Contingency Measures 

IV. What Is Transportation Conformity? 

V. Are these Transportation Conformity 

Budgets Approvable? 

VI. What Is EPA’s Action on New York’s Part 

225–3? 

VII. Conclusion 

VIII. Statutory and Executive Order Reviews 

I. What Is the Nature of EPA’s Action? 

EPA is approving an updated ten-year 

CO maintenance plan for the Onondaga 

County attainment area. On September 

29, 1993, the EPA approved a request 

from New York to redesignate Onondaga 

County to attainment of the CO NAAQS 

(58 FR 50851). In addition, the EPA also 

approved at that time a ten-year CO 

maintenance plan for Onondaga County. 

The Clean Air Act (the Act) requires that 

an area redesignated to attainment of the 

CO NAAQS must submit a second tenyear CO maintenance Plan to show how 

the area will continue to attain the CO 

standard for an additional ten years. On 

June 22, 2004, New York submitted a 

second ten-year CO maintenance plan 

for Onondaga County and requested that 

EPA approve the plan. The following 

sections describe how the EPA made its 

determination to approve the second 

ten-year maintenance plan. 

II. What Is a Maintenance Plan and 

Why Is it Required? 

A maintenance plan is a SIP revision 

that must demonstrate continued 

attainment of the applicable NAAQS in 

the maintenance area for at least ten 

years. The Act requires that a second 

ten-year plan be submitted in order to 

assure that the area will continue to stay 

in compliance of the relevant NAAQS. 

III. What Is Included in a Maintenance 

Plan? 

Section 175A of the Act sets forth the 

elements of a maintenance plan for 

areas seeking redesignation from 

nonattainment to attainment. The initial 

and subsequent ten-year plans must 

each demonstrate continued attainment 

of the applicable NAAQS for at least ten 

years after approval. In this notice, EPA 

is taking action on the second ten-year 

maintenance plan which covers the 

period from 2003 to 2013. The specific 

elements of a maintenance plan are: 

A. Attainment Inventory 

Since New York’s first ten-year 

maintenance plan contained an 

attainment inventory, this second tenyear maintenance plan did not need to 

include another one. However, this 

second plan does include an update to 

the attainment inventory. In addition, 

the update contains a revised 1990 base 

year inventory, a 2003 inventory, and 

projected inventories for 2009 and 2013. 

B. Maintenance Demonstration 

The State projects that the future 

emissions of CO will not exceed the 

level of the 1991 attainment year 

inventory. This is demonstrated by the 

projected 2009 and 2013 CO emission 

levels being below the 1991 attainment 

year level. 

C. Monitoring Network 

New York continues to operate its CO 

monitoring network and commits to 

operating its highest reading CO 

monitor for the duration of this 

maintenance plan. New York will 

continue annual reviews of its data in 

order to verify continued attainment of 

the NAAQS. The improvement in CO air 

quality can be seen through an 

examination of the design values at their 

highest reading monitor. The 8-hour 

design values show a downward trend 

with values currently in the 2.0–2.5 

ppm range compared to the 8-hour 

NAAQS for CO of 9.0 ppm. The other 

monitors in the network have been 

recording CO levels below this range. 

D. Verification of Continued Attainment 

New York will verify that Onondaga 

County continues to attain the CO 

NAAQS through the review of its 

monitoring data. In addition, the State 

will submit periodic inventories for the 

County to EPA pursuant to EPA 

guidance. Triannual inventory 

submittals will be compared to the 2003 

inventory to ensure that future 

inventories will not exceed the 2003 

inventory which in turn was below the 

1991 base year inventory. 

E. Contingency Plan 

Section 175A(d) of the Act requires 

that a maintenance plan include a 

contingency plan which includes 

contingency measures, as necessary, to 

promptly correct any violation of the 

NAAQS that occurs after redesignation 

of the area. Contingency measures do 

not have to be fully adopted at the time 

of redesignation. However, the 

contingency plan is considered to be an 

enforceable part of the SIP and should 

ensure that the contingency measures 

are adopted expeditiously once they are 

triggered by a specified event. In 

addition, the contingency plan includes 

a requirement that the State continue to 

implement all control measures used to 

bring the area into attainment. 

1. Control Measures 

The 1992 Redesignation Request and 

Maintenance Plan included vehicle 

turnover, an inspection and 

maintenance program, and traffic flow 

improvement measures as the programs 

that brought the area into attainment. 

This maintenance plan continues to 

include those measures as control 

measures. In addition, New York has 

adopted ‘‘the California Low Emission 

Vehicle II standards’’ as a control 

program in title 6 of the New York 

Codes, Rules and Regulations (NYCRR), 

Part 218, ‘‘Permits and Certificates.’’

This program produces a greater level of 

CO emission reductions than does the 

EPA’s National Tier 2 programs. 

2. Contingency Measures 

The ‘‘Low Enhanced Inspection and 

Maintenance Program’’ has been 

adopted by New York and identified as 

the contingency measure for Onondaga 

County. New York has requested EPA’s 

approval of substituting the Oxygenated 

Gasoline Program found in 6 NYCRR, 

53306 Federal Register / Vol. 70, No. 173 / Thursday, September 8, 2005 / Rules and Regulations 

Part 225–3 from the previous 

maintenance plan with the adopted 

motor vehicle low enhanced inspection 

and maintenance program, as found in 

6 NYCRR Part 218, ‘‘Emission Standards 

for Motor Vehicles and Motor Vehicle 

Engines,’’ as a contingency measure for 

Onondaga County. EPA previously 

approved Part 218 on January 6, 1995 

(60 FR 2025). New York has sufficiently 

demonstrated that the low enhanced 

inspection and maintenance program 

will achieve equivalent CO reductions 

as the Oxygenated Gasoline Program. 

This low enhanced inspection and 

maintenance program is required as an 

ozone control strategy but also results in 

CO reduction benefits which is being 

used here as a CO contingency control 

measure. This program includes a gas 

cap presence check, anti-tampering 

procedures and a visual check of the 

malfunction indicator light. 

IV. What Is Transportation Conformity? 

Section 176(c) of the Act defines 

conformity as meeting the SIP’s purpose 

of eliminating or reducing the severity 

and number of violations of the NAAQS 

and achieving expeditious attainment of 

such standards. The Act further defines 

transportation conformity to mean that 

no Federal transportation activity will: 

(1) Cause or contribute to any new 

violation of any standard in any area; (2) 

increase the frequency or severity of any 

existing violation of any standard in any 

area; or (3) delay timely attainment of 

any standard or any required interim 

emission reductions or other milestones 

in any area. The Federal Transportation 

Conformity Rule, 40 CFR part 93 

subpart A, sets forth the criteria and 

procedures for demonstrating and 

assuring conformity of transportation 

plans, programs and projects which are 

developed, funded or approved by the 

U.S. Department of Transportation, and 

by metropolitan planning organizations 

or other recipients of Federal funds 

under Title 23 U.S.C. or the Federal 

Transit Laws (49 U.S.C. chapter 53). 

The Transportation Conformity Rule 

applies within all nonattainment and 

maintenance areas. As prescribed by the 

Rule, once an area has an applicable SIP 

with motor vehicle emissions budgets, 

the expected emissions from planned 

transportation activities must be 

consistent with (‘‘conform to’’) such 

established budgets for that area. 

V. Are These Transportation 

Conformity Budgets Approvable? 

The proposed maintenance plan 

establishes transportation conformity 

budgets for CO for the years 2003, 2009 

and 2013. These new budgets are based 

on the control strategies, growth 

projections and assumptions used in the 

attainment demonstration and 

maintenance plans for the CO 

nonattainment area. In addition, the 

2009 and 2013 conformity budgets also 

include an allocation of a portion of a 

‘‘safety margin’’ established in the CO 

maintenance plan. 

A ‘‘safety margin’’ is the difference 

between the attainment level of 

emissions (from all sources) and the 

projected level of emissions (from all 

sources) in the maintenance plan. The 

attainment level of emissions is the 

level of emissions during one of the 

years in which the area met the air 

quality health standard. For example, 

since 2003 represents the last year of 

Onondaga County’s first ten-year 

maintenance plan and its total 

emissions is lower than the base year, 

the ‘‘safety margin’’ is conservatively 

calculated using the differences between 

2003 and future year total emissions. 

The total emissions in 2003 from 

mobile, stationary and area sources 

equaled 654.69 tons per day of CO. New 

York projected the CO emissions in 

Onondaga County from all sources for 

the years 2009 and 2013 to total 455.34 

tons per day and 430.06 tons per day 

respectively. The CO safety margin for 

Onondaga County in 2009 and 2013 is 

calculated to be the differences between 

the total emissions in 2003 and the total 

emissions for each of the projected 

years, 199.35 tons per day for 2009 and 

224.63 tons per day for 2013. The 2009 

and 2013 CO emission projections 

reflecting the point, area and mobile 

source reductions are illustrated in 

Table 1. 

TABLE 1.—CO EMISSIONS; AND SAFETY MARGIN DETERMINATIONS, ONONDAGA COUNTY, NY 

[Tons/day] 

Source category 

CO emissions 

2003 2009 2013 

On-Road .................................................................................................................................................. 494.55 273.11 232.23 

Nonroad ................................................................................................................................................... 58.58 66.83 72.14 

Stationary/Area ........................................................................................................................................ 101.56 115.40 125.69 

Total .................................................................................................................................................. 654.69 455.34 430.06 

2009 Safety Margin=2003 total emissions—2009 total emissions = 199.35 tons/day. 

2013 Safety Margin=2003 total emissions—2013 total emissions = 224.63 tons/day. 

In the submittal the State requested to 

allocate only a portion of the safety 

margin to both the 2009 and 2013 motor 

vehicle emissions budgets. This 

conservative approach provides the 

transportation sector with an adequate 

budget increase for the two future 

scenario years, such that transportation 

conformity is demonstrated, and at the 

same time provides some assurance that 

potential currently unforseen regional 

growth in non-mobile, area and 

stationary source emissions will not 

otherwise jeopardize continued 

attainment. The SIP revision requests 

the allocation of 99 tons CO per day to 

be applied to the 2009 motor vehicle 

emissions budget and 125 tons CO per 

day to be applied to the 2013 motor 

vehicle emissions budget. The on-road 

mobile source CO transportation 

conformity budgets that include the 

safety margin allocation are outlined 

below in Table 2. 

Federal Register / Vol. 70, No. 173 / Thursday, September 8, 2005 / Rules and Regulations 53307 

TABLE 2.—CARBON MONOXIDE TRANSPORTATION CONFORMITY BUDGETS

[Tons of CO/winter day] 

Year On-road 

Emissions 

Safety margin 

allocation 

Final CO 

conformity 

budgets 

2003 ............................................................................................................................................. 495 N/A 495 

2009 ............................................................................................................................................. 273 99 372 

2013 ............................................................................................................................................. 232 125 357 

The planned allowable levels of CO 

emissions are projected to maintain the 

area’s air quality consistent with the air 

quality health standard. The safety 

margin credit can be allocated to the 

transportation sector while maintaining 

air quality attainment. The total 

emission level, even with this 

allocation, will be below the attainment 

level, or safety level, and thus is 

acceptable. 

On June 3, 2004, EPA sent a letter to 

New York stating that the 2003, 2009 

and 2013 CO budgets are adequate for 

transportation conformity purposes. 

This finding was published in the 

Federal Register on July 12, 2004, at 69 

FR 41801. These budgets are consistent 

with the State’s emission baseline, 

projected inventories for highway 

mobile sources and use of a margin of 

safety. EPA is approving the 2003, 2009, 

and 2013 transportation conformity 

budgets for CO. 

VI. What Is EPA’s Action on New 

York’s Part 225–3? 

New York’s 1992 Redesignation 

Request and Maintenance Plan included 

the Oxygenated Fuels Program (as found 

in 6 NYCRR, Part 225–3) as a 

contingency measure for Onondaga 

County. However, on April 19, 2000 (65 

FR 20909), EPA approved New York’s 

request to remove the Oxygenated Fuels 

Program from the Federally approved 

SIP. The reader is referred to EPA’s 

April 19, 2000, final rulemaking for a 

detailed discussion of the rationale for 

that action. As discussed above, this 

action now identifies the low enhanced 

inspection and maintenance program as 

the contingency measure which replaces 

the Oxygenated Fuels Program. New 

York has since revised Part 225–3 

(October 2001) to remove the 

Oxygenated Gasoline Program 

provisions from the State effective 

version of Part 225–3 and has requested 

this version be incorporated into the 

Federally approved SIP. New York’s 

revision to Part 225–3 consists of 

renumbering the subparts to 

accommodate the removal of the 

Oxygenated Gasoline Program 

provisions. While EPA previously 

approved the removal of the Oxygenated 

Gasoline Program provisions from the 

Federally approved SIP, an updated 

version of the adopted State regulation 

was not available. The State has 

included this updated version of Part 

225–3 as part of this SIP revision and 

EPA is incorporating this regulation into 

the SIP at this time. 

EPA is also correcting two 

typographical errors that occurred in 

our approval of revisions to Parts 228 

and 239 (see 69FR3237, January 23, 

2004). The State effective date for these 

regulations should be 7/23/03 and 11/4/ 

02, respectively. 

VII. Conclusion 

EPA has evaluated New York’s 

submittals for consistency with the Act 

and Agency regulations and policy. EPA 

is approving New York’s CO 

maintenance plan because it meets the 

requirements set forth in section 175A 

of the Act and continues to demonstrate 

that the NAAQS for CO will continue to 

be met for the next ten years. EPA is 

also approving the 2003, 2009, and 2013 

transportation conformity budgets for 

CO. In addition, EPA is approving New 

York’s revised Part 225–3. 

Interested parties may participate in 

the Federal rulemaking procedure by 

submitting written comments to the 

EPA Region 2 Office by one of the 

methods discussed in the ADDRESSES

section of this action. 

VIII. Statutory and Executive Order 

Reviews 

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), 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 

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 

53308 Federal Register / Vol. 70, No. 173 / Thursday, September 8, 2005 / Rules and Regulations 

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.). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations. 

Dated: August 11, 2005. 

Kathleen C. Callahan, 

Acting Regional Administrator, Region 2. 

■ 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 HH—New York 

■ 2. Section 52.1670 is amended by 

adding new paragraph (c)(108) to read 

as follows: 

§ 52.1670 Identification of plans. 

* * * * * 

(c) * * * 

(108) Revisions to the State 

Implementation Plan submitted on June 

22, 2004, by the New York State 

Department of Environmental 

Conservation, which consists of a 

revision to the carbon monoxide 

maintenance plan for Onondaga County. 

(i) Incorporation by reference: 

(A) Regulation Part 225–3, ‘‘Fuel 

Composition and Use—Gasoline.’’ of 

Title 6 of the New York Code of Rules 

and Regulations, filed on October 5, 

2001, and effective on November 4, 

2001. 

■ 3. In § 52.1679, the table is amended 

by revising the entries under Title 6 for 

Part 225–3, Part 228, and Part 239 to 

read as follows: 

§ 52.1679 EPA-approved New York State 

regulations. 

New York State regulation State effective 

date 

Latest EPA 

approval date Comments 

Title 6: 

* * * * * * * 

Part 225–3, Fuel Composition and Use—Gasoline 11/4/01 9/08/05 and FR 

page citation.

The Variance adopted by the State pursuant to 

section 225–3.5 becomes applicable only if approved by EPA as a SIP revision. 

* * * * * * * 

Part 228, ‘‘Surface Coating Processes’’ .................. 7/23/03 1/23/04, 69 FR 

3240.

* * * * * * * 

Part 239, ‘‘Portable Fuel Container Spillage Control’’.11/4/02 1/23/04, 69 FR 

3240.

The specific application of provisions associated 

with alternate test methods, variances and innovative products, must be submitted to EPA as 

SIP revisions. 

* * * * * * * 

■ 4. Section 52.1682 is amended by 

adding paragraph (c) to read as follows: 

§ 52.1682 Control strategy: Carbon 

monoxide. 

* * * * * 

(c) Approval—The June 22, 2004 

revision to the carbon monoxide 

maintenance plan for Onondaga County. 

This revision contains a second ten-year 

maintenance plan that demonstrates 

continued attainment of the National 

Ambient Air Quality Standard for 

carbon monoxide through the year 2013 

and CO conformity budgets for the years 

2003, 2009, and 2013. 

[FR Doc. 05–17721 Filed 9–7–05; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 578 

[Docket No. NHTSA–05–21161; Notice 2] 

RIN 2127–AJ62 

Civil Penalties 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), DOT. 

ACTION: Final rule. 

SUMMARY: This document amends 

NHTSA’s regulation on civil penalties 

by increasing the maximum aggregate 

civil penalties for violations of statutes 

and regulations administered by 

NHTSA pertaining to odometer 

tampering and disclosure requirements 

and vehicle theft protection. This action 

is taken pursuant to the Federal Civil 

Monetary Penalty Inflation Adjustment 

Act of 1990, as amended by the Debt 

Collection Improvement Act of 1996, 

which requires us to review and, as 

warranted, adjust penalties based on 

inflation at least every four years. 

DATES: This rule is effective on October 

11, 2005. If you wish to submit a 

petition for reconsideration of this rule, 

your petition must be received by 

October 24, 2005. 

ADDRESSES: Petitions for reconsideration 

should refer to the docket number above 

and be submitted to: Administrator, 

Room 5220, National Highway Traffic 

Safety Administration, 400 Seventh 

Street, SW., Washington, DC 20590. 

See the SUPPLEMENTARY INFORMATION

portion of this document (Section VIII; 

Rulemaking Analyses and Notice) for 

DOT’s Privacy Act Statement regarding 

documents submitted to the agency’s 

dockets. 

FOR FURTHER INFORMATION CONTACT: 

Michael Kido, Office of Chief Counsel, 

NHTSA, telephone (202) 366–5263, 

facsimile (202) 366–3820, 400 Seventh 

Street, SW., Washington, DC 20590. 

SUPPLEMENTARY INFORMATION: