Federal Register / Vol. 60, No. 245 / Thursday, December 21, 1995 / Rules and Regulations 66149

M048 Automation-Compatible Flats

* * * * *

2.0 PACKAGE PREPARATION

[Renumber 2.1 as 2.0 and remove the 2.1

section heading; remove 2.2.]

* * * * *

An appropriate amendment to 39 CFR

111.3 to reflect these changes will be

published.

Stanley F. Mires,

Chief Counsel, Legislative.

[FR Doc. 95–30989 Filed 12–20–95; 8:45 am]

BILLING CODE 7710–12–M

Environmental Protection Agency

40 CFR Part 52

[GA–27–1–7186a; FRL–5320–3]

Approval and Promulgation of

Implementation Plans Georgia:

Approval of Revisions to Georgia

Regulations

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving the revision

to the Georgia State Implementation

Plan (SIP). On May 5, 1994, the Georgia

Environmental Protection Division

submitted regulations 391–3–21–.01

through .11 establishing a Clean Fuel

Fleet program. These rules became

effective on May 22, 1994.

DATES: This final rule will be effective

February 20, 1996, unless adverse or

critical comments are received by

January 22, 1996. If the effective date is

delayed, timely notice will be published

in the Federal Register.

ADDRESSES: Written comments on this

action should be addressed to Benjamin

Franco, at the EPA Regional Office

listed below. Copies of the documents

relative to this action are available for

public inspection during normal

business hours at the following

locations. The interested persons

wanting to examine these documents

should make an appointment with the

appropriate office at least 24 hours

before the visiting day.

Air and Radiation Docket and Information

Center (Air Docket 6102), U.S.

Environmental Protection Agency, 401 M

Street, SW, Washington, DC 20460.

Environmental Protection Agency, Region 4

Air Programs Branch, 345 Courtland Street

NE, Atlanta, Georgia 30365.

Georgia Environmental Protection Division,

4244 International Parkway, Suite 120,

Atlanta, GA 30354.

FOR FURTHER INFORMATION CONTACT:

Benjamin Franco, Regulatory Planning

and Development Section, Air Programs

Branch, Air, Pesticides & Toxics

Management Division, Region 4

Environmental Protection Agency, 345

Courtland Street, NE, Atlanta, Georgia

30365. The telephone number is 404/

347–3555 x–4211. Reference file GA27–

1–7186a.

SUPPLEMENTARY INFORMATION: Section

246(a) of the 1990 Clean Air Act (CAA)

requires ozone nonattainment areas

classified serious and above to

implement a Clean Fuel Fleet (CFF)

program. The program is designed to

introduce lower-emitting vehicles into

centrally fueled fleets in ozone

nonattainment areas classified as

serious. By choosing to introduce clean

fuel vehicles in centrally fueled fleets,

Congress focused on vehicle operators

that often have more control over their

source of fuel than does the general

public. Additionally, the central control

which operators maintain over their

vehicles simplifies the issues related to

vehicle maintenance and refueling.

Finally, because fleet vehicles typically

travel more miles and are replaced more

frequently than non-fleet vehicles, they

offer a greater opportunity to improve

air quality, on a per-vehicle basis and in

a more timely manner, than potentially

could be achieved by concentrating on

a similar number of non-fleet vehicles.

The Georgia Department of Natural

Resources adopted on April 29, 1994,

Regulations 391–3–21–.01 through .11

establishing a CFF program. The

program will be required in the counties

of Cherokee, Clayton, Cobb, Coweta,

Dekalb, Douglas, Fayette, Fulton,

Forsyth, Gwinnett, Henry, Paulding and

Rockdale. Fleets of 10 or more vehicles

that are centrally fueled or capable of

being centrally fueled and operated in

the above counties are required to

include in their new vehicle purchases

a certain percentage of clean fueled

vehicles (CFV). A CFV is one which

meets any one of the three sets of

exhaust emission standards. The

emission standards and the vehicles

which meet them are referred to as low

emission vehicles (LEV), ultra low

emission vehicles (ULEV), and zero

emission vehicles (ZEV).

Vehicles weighing 26,000 lbs. or less

will count towards the requirement. The

purchase must start with 1998 model

year vehicles. The phase-in schedule for

vehicles weighing up to 8,500 lbs. Gross

Vehicle Weight Rating (GVWR) is: 30

percent Model Year 1998, 50 percent

Model Year 1999, 70 percent Model

Year 2000 and after. The phase-in

schedule for vehicles weighing above

8,500 lbs GVWR is: 50 percent Model

Year 1998, 50 percent Model Year 1999,

50 percent Model Year 2000 and after.

The following vehicles are exempted

from these requirements: motor vehicles

for lease or rental to the general public,

dealer demonstration vehicles that are

used solely for the purpose of promoting

motor vehicle sales, emergency vehicles,

law enforcement vehicles, nonroad

vehicles (farm and construction

vehicles), vehicles garaged at a personal

residence and not being centrally

fueled, and vehicles used for motor

vehicle manufacturer product

evaluations and tests.

Regulation 391–3–21.08 establishes a

credit program in order to help fleets

meet the CFF program requirements.

Credits can be generated by three ways:

(1) By purchasing CFVs prior to 1998,

(2) by purchasing extra or exempted

CFVs, and (3) by purchasing CFVs with

stricter emissions standards such as

ULEV and ZEV. These credits can only

be used in the designated nonattainment

area. Credits can be used towards future

purchases or can be sold or traded to

other operators. The Georgia

Environmental Protection Division

(GAEPD) will keep, approve and track

all credits.

Final action

The EPA is approving this action

without prior proposal because the

Agency views this as a noncontroversial

amendment and anticipates no adverse

comments. However, in a separate

document in this Federal Register

publication, the EPA is proposing to

approve the SIP revision should adverse

or critical comments be filed. This

action will be effective February 20,

1996, unless, within 30 days of its

publication, adverse or critical

comments are received.

If the EPA receives such comments,

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 separate proposed rule.

The EPA will not institute a second

comment period on this action. 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 February 20, 1996.

The Agency has reviewed this request

for revision of the Federally-approved

State Implementation Plan for

conformance with the provisions of the

1990 Amendments enacted on

November 15, 1990. The Agency has

determined that this action conforms

with those requirements.
66150 Federal Register / Vol. 60, No. 245 / Thursday, December 21, 1995 / Rules and Regulations

Under Section 307(b)(1) of the Act, 42

U.S.C. 7607 (b)(1), petitions for judicial

review of this action must be filed in the

United States Court of Appeals for the

appropriate circuit by February 20,

1996. Filing a petition for

reconsideration by the Administrator of

this final rule does not affect the finality

of this rule for 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) of the Act, 42 U.S.C. 7607

(b)(2)).

This action has been classified as a

Table 3 action for signature by the

Regional Administrator under the

procedures published in the Federal

Register on January 19, 1989 (54 FR

2214–2225), as revised by a July 10,

1995 memorandum from Mary Nichols,

Assistant Administrator for Air and

Radiation. The Office of Management

and Budget (OMB) has exempted this

regulatory action from Executive Order

12866 review.

Nothing in this action shall be

construed as permitting or allowing or

establishing a precedent for any future

request for a revision to any State

Implementation Plan. Each request for

revision to the State Implementation

Plan shall be considered separately in

light of specific technical, economic,

and environmental factors and in

relation to relevant statutory and

regulatory requirements.

Under the Regulatory Flexibility Act,

5 U.S.C. 601 et seq., EPA must prepare

a regulatory flexibility analysis

assessing the impact of any proposed or

final rule on small entities. 5 U.S.C. 603

and 604. Alternatively, EPA may certify

that the rule will not have a significant

impact on a substantial number of small

entities. Small entities include small

businesses, small not-for-profit

enterprises, and government entities

with jurisdiction over populations of

less than 50,000.

SIP Actions

SIP approvals under section 110 and

subchapter I, part D of the CAA do not

create any new requirements, but

simply approve requirements that the

State is already imposing. Therefore,

because the Federal SIP-approval does

not impose any new requirements, I

certify that it does not have a significant

impact on any small entities affected.

Moreover, due to the nature of the

Federal-state relationship under the

CAA, preparation of a regulatory

flexibility analysis would constitute

Federal inquiry into the economic

reasonableness of state action. The CAA

forbids EPA to base its actions

concerning SIPs on such grounds.

Union Electric Co. v. U.S. E.P.A., 427

U.S. 246, 256–66 (S.Ct. 1976); 42 U.S.C.

section 7410(a)(2) and 7410(k)(3).

Unfunded Mandates

Under Sections 202, 203, and 205 of

the Unfunded Mandates Reform Act of

1995 (‘‘Unfunded Mandates Act’’),

signed into law on March 22, 1995, EPA

must undertake various actions in

association with proposed or final rules

that include a Federal mandate that may

result in estimated costs of $100 million

or more to the private sector, or to State,

local, or tribal governments in the

aggregate.

Through submission of this State

Implementation Plan or plan revision,

the State and any affected local or tribal

governments have elected to adopt the

program provided for under section 246

of the Clean Air Act. These rules may

bind State, local and tribal governments

to perform certain actions and also

require the private sector to perform

certain duties. To the extent that the

rules being approved by this action will

impose no new requirements; such

sources are already subject to these

regulations under State law.

Accordingly, no additional costs to

State, local, or tribal governments, or to

the private sector, result from this

action. EPA has also determined that

this final action does not include a

mandate that may result in estimated

costs of $100 million or more to State,

local, or tribal governments in the

aggregate or to the private sector.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide,

Incorporation by reference,

Intergovernmental relations, Reporting

and recordkeeping requirements.

Dated: September 29, 1995.

Patrick M. Tobin,

Acting Regional Administrator.

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. 7401–7671q.

Subpart L—Georgia

2. Section 52.570 is amended by

adding paragraph (c)(48) to read as

follows:

§ 52.570 Identification of plan.

* * * * *

(c) * * *

(48) Clean Fuel Fleet program

submitted to EPA by the Georgia

Department of Natural Resources on

May 5, 1994.

(i) Incorporation by reference.

(A) Addition of Regulations 391–3–

21–.01, ‘‘Definitions,’’ 391–3–21–.02,

‘‘Covered Area,’’ 391–3–21–.03,

‘‘Covered Fleet Operators,’’ 391–3–21–

.04, ‘‘Covered Fleet Vehicles,’’ 391–3–

21–.05, ‘‘Determination of Capable of

Being Centrally Fueled,’’ 391–3–21.06,

‘‘Purchase Requirements,’’ 391–3–21.07,

‘‘Emission Standards,’’ 391–3–21.08,

‘‘Credit Program,’’ 391–3–21.09,

‘‘Transportation Control Exemptions,’’

391–3–21.10, ‘‘Requirements for Fuel

Providers,’’ 391–3–21–.11, ‘‘

Enforcement’’ which became effective

on May 22, 1994.

(ii) Other material. None.

[FR Doc. 95–31038 Filed 12–20–95; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Public Land Order 7177

[AK–932–1430–01; A–061697, AA–45553]

Withdrawal of Public Land for the

Glacier Loop Administrative Site;

Revocation of Secretarial Order dated

December 31, 1941; Alaska

AGENCY: Bureau of Land Management,

Interior.

ACTION: Public Land Order.

SUMMARY: This order withdraws 22.51

acres of public land from all forms of

appropriation under the public land

laws, including location and entry

under the mining laws, for a period of

20 years for the Department of

Agriculture, Forest Service, to protect

the Glacier Loop Administrative Site.

The land has been and will remain

closed to mineral leasing as it is located

within an incorporated city (30 U.S.C.

181 (1988)). This order also revokes in

its entirety a Secretarial order as it

affects 27.06 acres of public land

withdrawn for use by the Federal

Aviation Administration as Air

Navigation Site No. 173. The land is no

longer needed for the purpose for which

it was withdrawn. The public land that

will not be withdrawn for use by the

Forest Service will be subject to the

terms and conditions of Public Land

Order No. 5180, as amended, and any

other withdrawal of record.