70222 Federal Register / Vol. 72, No. 237 / Tuesday, December 11, 2007 / Rules and Regulations 

1Effective December 18, 2006, EPA revoked the 

annual PM–10 standard. 71 FR 61144 (October 17, 

2006). References to the annual standard in this 

proposed rule are for historical purposes only. EPA 

is not taking any regulatory action with regard to 

this former standard. 

contained in any of the voluntary 

national model codes acceptable upon 

review by RHS.’’

■ B. Revising the third sentence in the 

definition for ‘‘Replacement housing’’ to 

read ‘‘The overall condition of the unit 

or dwelling must meet Thermal 

Standards adopted by the locality/ 

jurisdiction for new or existing 

structures and applicable development 

standards for new or existing housing 

recognized by RHS in subpart A of part 

1924 or standards contained in any of 

the voluntary national model codes 

acceptable upon review by RHS.’’

PART 3550—DIRECT SINGLE FAMLY 

HOUSING LOANS AND GRANTS 

■ 5. The authority citation for part 3550 

continues to read as follows: 

Authority: 5 U.S.C. 301; 42 U.S.C. 1480. 

Subpart B—Section 502 Origination 

§ 3550.57 [Amended] 

■ 6. Section 3550.57(c) is amended by 

adding the word ‘‘and’’ after the word 

‘‘systems;’’ and by removing ‘‘and meet 

the thermal performance requirements 

for existing dwellings of 7 CFR part 

1924, subpart A’’. 

Subpart C—Section 504 Origination 

and Section 306C Water and Waste 

Disposal Grants 

§ 3550.106 [Amended] 

■ 7. Section 3550.106(b) is amended by 

removing the words ‘‘or thermal 

performance standards’’. 

Dated: November 28, 2007. 

Russell T. Davis, 

Administrator, Rural Housing Service. 

[FR Doc. 07–6009 Filed 12–10–07; 8:45 am] 

BILLING CODE 3410–XV–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 68 

Provision of Free Public Education for 

Eligible Children Pursuant to Section 

6, Public Law 81–874 

AGENCY: Department of Defense. 

ACTION: Final rule. 

SUMMARY: The Department of Defense is 

removing 32 CFR Part 68, ‘‘Provision of 

Free Public Education for Eligible 

Children Pursuant to Section 6, Public 

Law 81–874.’’ The part has served the 

purpose for which it was intended and 

is no longer valid. 

DATES: Effective Date: December 11, 

2007. 

FOR FURTHER INFORMATION CONTACT: L.M. 

Bynum, 703–696–4970. 

SUPPLEMENTARY INFORMATION: DoD 

Directive 1342.16 was originally 

codified as 32 CFR Part 68. This 

Directive was canceled by DoD Directive 

1342.20. Copies of DoD Directive 

1342.20 may be obtained at http:// 

www.dtic.mil/whs/directives/. 

List of Subject in 32 CFR Part 68 

Elementary and secondary education, 

Government employees, Military 

personnel. 

■ Accordingly, by the authority of 10 

U.S.C. 301, title 32 of the Code of 

Federal Regulations is amended by 

removing part 68: 

PART 68—[REMOVED] 

Dated: December 5, 2007. 

L.M. Bynum, 

Alternate OSD Federal Register Liaison 

Officer, DoD. 

[FR Doc. 07–6006 Filed 12–10–07; 8:45 am] 

BILLING CODE 5001–06–M 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[EPA–R09–OAR–2005–CA–0017; FRL–

8504–2] 

Finding of Failure To Attain; 

California—Imperial Valley 

Nonattainment Area; PM–10 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finding that the 

Imperial Valley serious PM–10 

nonattainment area did not attain the 

24-hour particulate matter (PM–10) 

National Ambient Air Quality Standard 

(NAAQS) by the deadline mandated in 

the Clean Air Act (CAA), December 31, 

2001. In response to this finding, the 

State of California must submit a 

revision to the California State 

Implementation Plan (SIP) that provides 

for attainment of the PM–10 standard in 

the Imperial Valley area and at least five 

percent annual reductions in PM–10 or 

PM–10 precursor emissions until 

attainment as required by CAA section 

189(d). The State must submit the SIP 

revision by December 11, 2008. 

DATES: Effective Date: This finding is 

effective on January 10, 2008. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2006–0583 for 

this action. The index to the docket is 

available electronically at http:// 

www.regulations.gov and in hard copy 

at U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. While 

documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available in 

either location (e.g., Confidential 

Business Information). To inspect the 

hard copy materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Adrienne Priselac, EPA Region IX, (415) 

972–3285, priselac.adrienne@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to EPA. 

I. Background 

On August 11, 2004, EPA reclassified 

under the Clean Air Act (CAA or the 

Act) the Imperial Valley PM–10 

nonattainment area (Imperial area) from 

moderate to serious in response to the 

opinion of the U.S. Court of Appeals for 

the Ninth Circuit in Sierra Club v. 

United States Environmental Protection 

Agency, et al., 346 F.3d 955 (9th Cir. 

2003), amended 352 F.3d 1186, cert. 

denied, 542 U.S. 919 (2004). See 69 FR 

48792 (August 11, 2004). 

Also on August 11, 2004 (69 FR 

48835), EPA proposed to find under the 

CAA that the Imperial area failed to 

attain the annual 1 and 24-hour PM–10 

standards by the serious area deadline 

of December 31, 2001. Our proposed 

finding of failure to attain was based on 

monitored air quality data for the PM–

10 NAAQS from January 1999 through 

December 2001. A summary of these 

data was provided in the proposed rule 

and is not reproduced here. 

EPA has the responsibility, pursuant 

to sections 179(c) and 188(b)(2) of the 

Act, of determining within 6 months of 

the applicable attainment date (i.e., June 

30, 2002), whether the Imperial area 

attained the PM–10 NAAQS. Because 

the June 30, 2002 date has passed, EPA 

is required to make that determination 

as soon as practicable. Delaney v. EPA, 

898 F.2d 687 (9th Cir. 1990). 

Section 179(c)(1) of the Act provides 

that attainment determinations are to be 

based upon an area’s ‘‘air quality as of 


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