Federal Register / Vol. 61, No. 122 / Monday, June 24, 1996 / Rules and Regulations 32339

of polyester bases and are processed in

accordance with industry standards as

specified in ANSI/ISO 543–1990 (ANSI

IT9.6–1991) Photography—

Photographic Films—Specifications for

Safety Film; and, ANSI/NAPM IT9.1–

1992 Imaging Media (Film)—SilverGelatin Type— Specifications for

Stability, which are incorporated by

reference. (Currently, not all motion

picture stocks are available on a

polyester base.) It is particularly

important to ensure that residual

sodium thiosulfate (hypo) on newly

processed black-and-white photographic

film does not exceed .014 grams per

square meter. Require laboratories to

process film in accordance with this

standard. Excessive hypo will shorten

the longevity of film and accelerate

color fading. Process color film in

accordance with the manufacturer’s

recommendations. If using reversal type

processing, request full photographic

reversal; i.e., develop, bleach, expose,

develop, fix, and wash. The standards

cited in this paragraph are available

from the American National Standards

Institute (ANSI), Inc., 11 West 42nd

Street, New York, NY 10036. These

standards are also available for

inspection at the Office of the Federal

Register, 800 North Capitol Street, NW.,

suite 700, Washington, D.C. This

incorporation by reference was

approved by the Director of the Federal

Register in accordance with 5 U.S.C.

552(a) and 1 CFR part 51. These

materials are incorporated by reference

as they exist on the date of approval and

a notice of any change in these materials

be published in the Federal Register.

(b) Refrain from using motion pictures

in a final ‘‘A & B’’ format (two precisely

matched reels designed to be printed

together) for the reproduction of

excerpts or stock footage.

(c) Use only industrial or professional

recording equipment and videotape,

previously unrecorded, for original

copies of permanent or unscheduled

recordings. Limit the use of consumer

formats to distribution or reference

copies or to subjects scheduled for

disposal. Video cassettes in the VHS

format are unsuitable for use as originals

of permanent or unscheduled records

due to their inability to be copied

without significant loss in image

quality.

(d) Record permanent or unscheduled

audio recordings on 1⁄4-inch open-reel

tapes at 3 3⁄4 or 7 1⁄2 inches per second,

full track, using professional unrecorded

polyester splice-free tape stock. Audio

cassettes, including mini-cassettes, are

not sufficiently durable for use as

originals in permanent records or

unscheduled records although they may

be used as reference copies.

§ 1232.32 Disposition.

The disposition of audiovisual

records shall be carried out in the same

manner as that prescribed for other

types of records in part 1228 of this

chapter. For further instructions on the

transfer of permanent audiovisual

records to the National Archives see

§ 1228.184 of this chapter, Audiovisual

Records.

Dated: June 14, 1996.

John W. Carlin,

Archivist of the United States.

[FR Doc. 96–15797 Filed 6–21–96; 8:45 am]

BILLING CODE 7515–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 51 and 52

[FRL–5526–2]

Control of Air Pollution; Removal and

Modification of Obsolete, Superfluous

or Burdensome Rules

AGENCY: Environmental Protection

Agency.

ACTION: Correction to final regulations.

SUMMARY: This document contains

corrections to Clean Air Act final

regulations, which were published April

11, 1996 (61 FR 16050). The regulations

related to the removal and modification

of obsolete, superfluous or burdensome

Clean Air Act rules.

EFFECTIVE DATE: This action will be

effective June 24, 1996.

FOR FURTHER INFORMATION CONTACT:

Maureen Delaney, Office of Air and

Radiation, Office of Policy Analysis and

Review, (202) 260–7431.

SUPPLEMENTARY INFORMATION:

Background

On April 11, 1996, EPA published a

final rule under the Clean Air Act

deleting superfluous, obsolete or

burdensome regulations from the Code

of Federal Regulations (CFR).

Need for Correction

As published, the final regulations

contain errors which may prove to be

misleading and are in need of

clarification.

Correction of Publication

Accordingly, the publication on April

11, 1996 of the final regulations (61 FR

16050), which were the subject of FR

Doc. 96–8744, is corrected as follows:

On page 16061, in the third column,

the heading for amendment number 38

is corrected to read ‘‘§ 52.1227—

[removed and reserved].’’

On page 16062, in the third column,

amendment number 67 is corrected to

read ‘‘67. Section 52.2296 through

52.2298 are removed and reserved.’’

List of Subjects in 40 CFR Part 51

Environmental Protection, Air

pollution control

Dated: June 17, 1996.

Richard D. Wilson,

Acting Assistant Administrator, Office of Air

and Radiation.

[FR Doc. 96–16021 Filed 6–21–96; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 52

[NM–23–1–7101a; FRL–5500–7]

Approval and Promulgation of Air

Quality Implementation Plans; New

Mexico; Supplement to the New

Mexico State Implementation Plan

(SIP) to Control Air Pollution in Areas

of Bernalillo County Designated

Nonattainment

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: This action approves a

revision to the SIP consisting of the

‘‘October 12, 1994, Supplement to the

New Mexico State Implementation Plan

to Control Air Pollution in Area(s) of

Bernalillo County Designated

Nonattainment’’. This revision updates

the narrative portion of the previously

approved April 14, 1993, Supplement to

the New Mexico SIP to Control Air

Pollution in Areas of Bernalillo County

Designated Nonattainment (see the

December 21, 1993 Federal Register to

reflect EPA’s approval for lifting the

construction ban in Bernalillo County.

The construction ban was put in place

by the Governor of New Mexico on May

20, 1980. The ban was repealed by EPA

approval effective May 16, 1994, and

appearing in the March 16, 1994

Federal Register.

DATES: This action is effective on

August 23, 1996, unless notice is

postmarked by July 24, 1996 that

someone wishes to submit adverse or

critical comments. If the effective date is

delayed, timely notice will be published

in the Federal Register.

ADDRESSES: Comments should be

mailed to Jole C. Luehrs, Chief, Air

Permits Section (6PD–R), U.S. EPA

Region 6, 1445 Ross Avenue, Dallas,

Texas 75202–2733. Copies of the State’s
32340 Federal Register / Vol. 61, No. 122 / Monday, June 24, 1996 / Rules and Regulations

petition and other information relevant

to this action are available for

inspection during normal hours at the

following locations:

U.S. EPA, Region 6, Air Permits Section

(6PD–R), 1445 Ross Avenue, Suite

700, Dallas, TX 75202–2733.

Air and Radiation Docket and

Information Center, U.S. EPA, 401 M

Street, SW., Washington, DC 20460.

City of Albuquerque, Environmental

Health Department, One Civic Plaza,

Albuquerque, NM 87103.

Anyone wishing to review this

petition at the Region 6 EPA office is

asked to contact the person below to

schedule an appointment 24 hours in

advance.

FOR FURTHER INFORMATION CONTACT: Mr.

Samuel R. Mitz, Air Permits Section

(6PD–R), U.S. EPA, Region 6, 1445 Ross

Avenue, Dallas, Texas 75202–2733,

telephone (214) 665–8370.

SUPPLEMENTARY INFORMATION:

Background

On December 21, 1993, EPA approved

an Albuquerque/Bernalillo County

permit SIP revision which included the

April 14, 1993, Supplement to the New

Mexico SIP to Control Air Pollution in

Area(s) of Bernalillo County Designated

Nonattainment (58 FR 67326). This

Supplement included a paragraph

which stated that upon approval of

Albuquerque/ Bernalillo County Air

Quality Control Regulations (AQCR) 20

(Authority-to-Construct Permits), 29

(Prevention of Significant Deterioration)

and 32 (Construction Permits for

Nonattainment Areas) and the

accompanying SIP supplements, there

would be no need to continue the

Governor’s construction moratorium of

May 20, 1980, which appeared in 40

Code of Federal Regulations (CFR)

52.1620(e)(18).

On December 21, 1993, EPA approved

revised AQCRs 29 and 32. On March 16,

1994, EPA approved AQCR 20, which

brought the Albuquerque/Bernalillo

County New Source Review permitting

program up to date and provided for the

revocation of the construction ban for

Albuquerque County. In response, on

October 12, 1994, the State of New

Mexico adopted a revised Supplement

to the New Mexico State

Implementation Plan to Control Air

Pollution in Area(s) of Bernalillo County

Designated Nonattainment, which noted

the repeal of the construction

moratorium.

Final Action

The EPA is approving the revised

New Mexico SIP narrative entitled

October 12, 1994 Supplement to the

New Mexico State Implementation Plan

to Control Air Pollution in Area(s) of

Bernalillo County Designated

Nonattainment, which acknowledges

the repeal of the construction

moratorium of May 20, 1980.

The EPA is publishing this action

without prior proposal because EPA

views this as a noncontroversial

amendment and anticipates no adverse

comments. However, in a separate

document in this Federal Register

publication, EPA is proposing to

approve the SIP revision unless adverse

or critical comments be filed. This

action will be effective August 23, 1996,

unless adverse or critical comments are

postmarked by July 24, 1996. If 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 this action serving as a

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 on this action, the public is

advised that this action will be effective

August 23, 1996.

Regulatory Process

Under the Regulatory Flexibility Act,

5 U.S.C. 600 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, under 5 U.S.C.

605(b), EPA may certify that the rule

will not have a significant impact on a

substantial number of small entities (see

46 FR 8709). Small entities include

small businesses, small not-for-profit

enterprises, and governmental entities

with jurisdiction over populations of

less than 50,000. SIP approvals under

section 110 and subchapter I, part D of

the Clean Air Act (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 small entities. 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 from

basing 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. 7410(a)(2).

Under section 307(b)(1) of the CAA,

petitions for judicial review of this

action must be filed in the United States

Court of Appeals for the appropriate

circuit by August 23, 1996. Filing a

petition for reconsideration of this final

rule by the Administrator 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, or postpone the

effectiveness of this rule. This action

may not be challenged later in

proceedings to enforce its requirements

(see section 307(b)(2)).

Nothing in this action shall be

construed as permitting, allowing, or

establishing a precedent for any future

request for a revision to any SIP. Each

request for revision to the SIP shall be

considered separately in light of specific

technical, economic, and environmental

factors and in relation to relevant

statutory and regulatory requirements.

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 SIP or

plan revision approved in this action,

the State and any affected local or tribal

governments have elected to adopt the

program provided for under section 110

of the CAA. The rules and commitments

approved in this action 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 and

commitments being approved by this

action will impose or lead to the

imposition of any mandate upon the

State, local, or tribal governments, either

as the owner or operator of a source or

as a regulator, or would impose or lead

to the imposition of any mandate upon

the private sector, EPA’s action will

impose no new requirements; such

sources are already subject to these

requirements under State law.

Accordingly, no additional costs to

State, local, or tribal governments, or to

the private sector, result from this

action. Therefore, EPA has 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.
Federal Register / Vol. 61, No. 122 / Monday, June 24, 1996 / Rules and Regulations 32341

1There are additional submittals associated with

moderate PM10 nonattainment plans, such as a

permit program for the construction of new and

modified major stationary sources and contingency

measures. See sections 189(a) and 172(c)(9). These

submittals were required to be submitted in 1992

and 1993, respectively, and are not the subject of

today’s action which addresses only those plan

provisions required to be submitted on November

15, 1991.

Office of Management and Budget

(OMB) review

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 OMB has exempted this

regulatory action from Executive Order

12866 review.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide,

Nonattainment areas.

Dated: April 11, 1996.

Lynda F. Carroll,

Acting Regional Administrator.

40 CFR part 52 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 GG—New Mexico

2. Section 52.1620 is amended by

adding paragraph (c)(61) to read as

follows:

§ 52.1620 Identification of plan.

* * * * *

(c) * * *

(61) A revision to the New Mexico SIP

to udpate the Supplement to the New

Mexico State Implementation Plan to

Control Air Pollution in Area(s) of

Bernalillo County Designated

Nonattainment to reflect EPA’s approval

for lifting the construction ban in

Bernalillo County, superseding the

supplement dated April 14, 1993.

(i) Incorporation by reference.

(A) October 12, 1994 Supplement to

the New Mexico State Implementation

Plan to Control Air Pollution in Area(s)

of Bernalillo County Designated

Nonattainment as approved by the

Albuquerque/Bernalillo County Air

Quality Control Board on November 9,

1994.

[FR Doc. 96–16023 Filed 6–21–96; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 52

[CA–19–2–725–a; FRL–5511–4]

Approval and Promulgation of

Implementation Plans; California—

Mammoth Lakes Nonattainment Area;

PM10

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA today approves the State

Implementation Plan (SIP) submitted by

the State of California for the purpose of

bringing about attainment in the

Mammoth Lakes Planning Area (MLPA)

of the national ambient air quality

standards (NAAQS) for particulate

matter with an aerodynamic diameter

less than or equal to a nominal 10

micrometers (PM10). The ‘‘moderate’’

area SIP was submitted by the State to

satisfy certain Federal requirements in

the Clean Air Act for an approvable

nonattainment area PM10 plan for the

MLPA.

The intended effect of approving this

plan is to regulate emissions of PM10 in

accordance with the requirements of the

CAA, as amended in 1990.

DATES: This final rule is effective on

August 23, 1996 unless adverse or

critical comments are received by July

24, 1996. If the effective date is delayed,

timely notice will be published in the

Federal Register.

ADDRESSES: Copies of the State’s

submittal and other information are

contained in the docket for this

rulemaking. The docket is available for

inspection during normal business

hours at the following locations:

U. S. Environmental Protection Agency,

Region 9, 75 Hawthorne Street, San

Francisco, CA 94105

California Air Resources Board, 2020 L

Street, P.O. Box 2815, Sacramento, CA

95814

Great Basin Unified Air Pollution

Control District, 157 Short Street,

Suite 6, Bishop, CA 93514.

FOR FURTHER INFORMATION CONTACT:

Stephanie G. Valentine (A–2–2), U. S.

Environmental Protection Agency,

Region 9, Air and Toxics Division, 75

Hawthorne Street, San Francisco, CA

94105, (415) 744–1178.

SUPPLEMENTARY INFORMATION:

I. Background

On the date of enactment of the 1990

Clean Air Act Amendments, PM10 areas,

including the Mammoth Lakes Planning

Area, meeting the conditions of section

107(d) of the Act were designated

nonattainment by operation of law.

Once an area is designated

nonattainment, section 188 of the Act

outlines the process for classification of

the area and establishes the area’s

attainment date. In accordance with

section 188(a), at the time of

designation, all PM10 nonattainment

areas were initially classified as

‘‘moderate’’ by operation of law. See 40

CFR 81.303 (1993) A moderate area may

subsequently be reclassified as

‘‘serious’’ if at any time EPA determines

that the area cannot practicably attain

the PM10 NAAQS by the applicable

attainment date for moderate areas,

December 31, 1994. Moreover, a

moderate area must be reclassified if

EPA determines within six months after

the applicable attainment date that the

area is not in attainment after that date.

See section 188(b) of the Clean Air Act.

The air quality planning requirements

for moderate PM10 nonattainment areas

are set out in subparts 1 and 4 of Title

I of the Act. EPA has issued a ‘‘General

Preamble’’ describing EPA’s preliminary

views on how the Agency intends to

review SIPs and SIP revisions submitted

under Title I of the Act, including those

state submittals containing moderate

PM10 nonattainment area SIP

provisions. See generally 57 FR 13498

(April 16, 1992) and 57 FR 18070 (April

28, 1992). Because EPA is describing its

interpretations here only in broad terms,

the reader should refer to the General

Preamble for a more detailed discussion

of the interpretations of Title I advanced

in today’s action and the supporting

rationale. In today’s rulemaking action

on California’s moderate PM10 SIP for

the MLPA, EPA is applying its

interpretations taking into consideration

the specific factual issues presented.

Those states containing initial

moderate PM10 nonattainment areas

were required to submit, among other

things, the following provisions by

November 15, 19911:

1. Provisions to assure that reasonably

available control measures (RACM)

(including such reductions in emissions

from existing sources in the area as may

be obtained through the adoption, at a

minimum, of reasonably available

control technology—RACT) shall be

implemented no later than December

10, 1993;

2. Either a demonstration (including

air quality modeling) that the plan will

provide for attainment as expeditiously