44204 Federal Register / Vol. 73, No. 147 / Wednesday, July 30, 2008 / Proposed Rules 

Harbor NDB, AK, and west of 160° W. 

longitude within a 25-mile radius of the 

Borland NDB/DME, AK, and west of 160° W. 

longitude within a 72.8-mile radius of 

Chignik Airport, AK; and that airspace 

extending upward from 700 feet above the 

surface within a 6.9-mile radius of Eareckson 

Air Station, AK, and within a 7-mile radius 

of Adak Airport, AK, and within 5.2 miles 

northwest and 4.2 miles southeast of the 061° 

bearing from the Mount Moffett NDB, AK, 

extending from the 7-mile radius of Adak 

Airport, AK, to 11.5 miles northeast of Adak 

Airport, AK and within a 6.5-mile radius of 

King Cove Airport, and extending 1.2 miles 

either side of the 103° bearing from King 

Cove Airport from the 6.5-mile radius out to 

8.8 miles, and within a 6.4-mile radius of the 

Atka Airport, AK, and within a 6.3-mile 

radius of Nelson Lagoon Airport, AK, and 

within a 6.3-mile radius of the Nikolski 

Airport, AK, and within a 6.4-mile radius of 

Sand Point Airport, AK, and within 3 miles 

each side of the 172° bearing from the 

Borland NDB/DME, AK, extending from the 

6.4-mile radius of Sand Point Airport, AK, to 

13.9 miles south of Sand Point Airport, AK, 

and within 5 miles either side of the 318° 

bearing from the Borland NDB/DME, AK, 

extending from the 6.4-mile radius of Sand 

Point Airport, AK, to 17 miles northwest of 

Sand Point Airport, AK, and within 5 miles 

either side of the 324° bearing from the 

Borland NDB/DME, AK, extending from the 

6.4-mail radius of Sand Point Airport, AK, to 

17 miles northwest of the Sand Point Airport, 

AK, and within a 6.6-mile radius of St. 

George Airport, AK, and within an 8-mile 

radius of St. Paul Island Airport, AK, and 8 

miles west and 6 miles east of the 360° 

bearing from St. Paul Island Airport, AK, to 

14 miles north of St. Paul Island Airport, AK, 

and within 6 miles west and 8 miles east of 

the 172° bearing from St. Paul Island Airport, 

AK, to 15 miles south of St. Paul Island 

Airport, AK, and within a 6.4-mile radius of 

Unalaska Airport, AK, and within 2.9 miles 

each side of the 360° bearing from the Dutch 

Harbor NDB, AK, extending from the 6.4-mile 

radius of Unalaska Airport, AK, to 9.5 miles 

north of Unalaska Airport, AK; and that 

airspace extending upward from the surface 

within a 4.6-mile radius of Cold Bay Airport, 

AK, and within 1.7 miles each side of the 

150° bearing from Cold Bay Airport, AK, 

extending from the 4.6-mile radius to 7.7 

miles southeast of Cold Bay Airport, AK, and 

within 3 miles west and 4 miles east of the 

335° bearing from Cold Bay Airport, AK, 

extending from the 4.6-mile radius to 12.2 

miles northwest of Cold Bay Airport, AK. 

* * * * * 

Control 1487L [Amended] 

That airspace extending upward from 

8,000 feet MSL within 149.5 miles of the 

Anchorage VOR/DME clockwise from the 

090° radial to the 185° radial of the 

Anchorage VOR/DME, AK; and that airspace 

extending upward from 5,500 feet MSL 

within the area bounded by a line beginning 

at lat. 58°19′58′′ N., long. 148°55′07′′ W.; to 

lat. 59°08′34′′ N., long. 147°16′06′′ W.; thence 

counterclockwise via the 149.5-mile radius of 

the Anchorage VOR/DME, AK, to the 

intersection with a point 12 miles from and 

parallel to the U.S. coastline; thence 

southeast 12 miles from and parallel to the 

U.S. coastline to a point 12 miles offshore on 

the Vancouver FIR boundary; to lat. 

54°32′57′′ N., long. 133°11′29′′ W.; to lat. 

54°00′00′′ N., long. 136°00′00′′ W.; to lat. 

52°43′00′′ N., long. 135°00′00′′ W.; to lat. 

56°45′42′′ N., long. 151°45′00′′ W.; to the 

point of beginning; and that airspace 

extending upward from 1,200 feet MSL 

within the area bounded by a line beginning 

at lat. 59°33′25′′ N., long. 141°03′22′′ W.; 

thence southeast 12 miles from and parallel 

to the U.S. coastline to lat. 58°56′18′′ N., long. 

138°45′19′′ W.; to lat. 58°40′00′′ N., long. 

139°30′00′′ W.; to lat. 59°00′00′′ N., long. 

141°10′00′′ W.; to the point of beginning, and 

within an 85-mile radius of the Biorka Island 

VORTAC, AK, and within a 42-mile radius of 

the Middleton Island VOR/DME, AK, and 

within a 30-mile radius of the Glacier River 

NDB, AK, and within a 149.5-mile radius of 

the Anchorage VOR/DME, AK, and within a 

73-mile radius of Homer Airport, AK, and 

within a 73-mile radius of the Kodiak 

Airport, AK; and that airspace extending 

upward from 700 feet MSL within 14 miles 

of the Biorka Island VORTAC, AK, and 

within 4 miles west and 8 miles east of the 

Biorka Island VORTAC 209° radial extending 

to 16 miles southwest of the Biorka Island 

VORTAC, AK. 

* * * * * 

Issued in Washington, DC, on July 22, 

2008. 

Stephen L. Rohring, 

Acting Manager, Airspace and Rules Group. 

[FR Doc. E8–17384 Filed 7–29–08; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2008–0502; FRL–8699–3] 

Revisions to the California State 

Implementation Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

revisions to the South Coast Air Quality 

Management District (SCAQMD) portion 

of the California State Implementation 

Plan (SIP). These revisions concern 

oxides of nitrogen (NOX ) emissions 

from gaseous- and liquid-fueled internal 

combustion engines. We are approving 

a local rule that regulates these emission 

sources under the Clean Air Act as 

amended in 1990 (CAA or the Act). We 

are taking comments on this proposal 

and plan to follow with a final action. 

DATES: Any comments must arrive by 

August 29, 2008. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09–

OAR–2008–0502, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

2. E-mail: steckel.andrew@epa.gov. 

3. Mail or deliver: Andrew Steckel 

(Air–4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments will be 

included in the public docket without 

change and may be made available 

online at www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

www.regulations.gov or e-mail. 

www.regulations.gov is an ‘‘anonymous 

access’’ system, and EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send e-mail 

directly to EPA, your e-mail address 

will be automatically captured and 

included as part of the public comment. 

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. 

Docket: The index to the docket for 

this action is available electronically at 

www.regulations.gov and in hard copy 

at EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. While all 

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., CBI). 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: 

Francisco Do ́n ̃ ez, EPA Region IX, (415) 

972–3956, Donez.Francisco@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. The State’s Submittal 

A. What rule did the State submit? 

B. Are there other versions of this rule? 

C. What is the purpose of the submitted 

rule? 

II. EPA’s Evaluation and Action. 

A. How is EPA evaluating the rule? 

B. Does the rule meet the evaluation 

criteria? 

C. EPA recommendations to further 

improve the rule. 

D. Public comment and final action. 


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Federal Register / Vol. 73, No. 147 / Wednesday, July 30, 2008 / Proposed Rules 44205 

III. Statutory and Executive Order Reviews I. The State’s Submittal 

A. What rule did the State submit? 

Table 1 lists the rule addressed by this 

proposal with the dates that it was 

adopted by the local air agency and 

submitted by the California Air 

Resources Board. 

TABLE 1—SUBMITTED RULE

Local agency Rule # Rule title Adopted Submitted 

SCAQMD ................................ 1110.2 Gaseous- and Liquid-Fueled Internal Combustion Engines .. 02/01/08 05/20/08 

On June 9, 2008, this rule submittal 

was found to meet the completeness 

criteria in 40 CFR Part 51, Appendix V, 

which must be met before formal EPA 

review. 

B. Are there other versions of this rule? 

There are no previous versions of 

Rule 1110.2 in the SIP, although the 

SCAQMD adopted earlier versions of 

this rule on September 7, 1990; August 

12, 1994; and December 9, 1994. Those 

versions were not submitted to EPA. 

The SCAQMD adopted an additional 

version of Rule 1110.2 on November 14, 

1997, and CARB submitted that version 

to us on May 18, 1998. We proposed a 

limited approval and limited 

disapproval of that submission on 

March 18, 1999 (64 FR 13372), but did 

not finalize that action. While we can 

act on only the most recently submitted 

version, we have reviewed materials 

provided with previous submittals. 

C. What is the purpose of the submitted 

rule? 

NOX helps produce ground-level 

ozone, smog and particulate matter, 

which harm human health and the 

environment. Section 110(a) of the CAA 

requires States to submit regulations 

that control NOX emissions. Rule 1110.2 

regulates NOX emissions, as well as 

volatile organic compound (VOC) and 

carbon monoxide (CO) emissions, from 

stationary and portable internal 

combustion engines rated at 50 or more 

horsepower, including agricultural 

engines. EPA’s technical support 

document (TSD) has more information 

about this rule. 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rule? 

Generally, SIP rules must be 

enforceable (see section 110(a) of the 

Act), must require Reasonably Available 

Control Technology (RACT) for each 

category of sources covered by a Control 

Techniques Guidelines (CTG) document 

as well as each major source in 

nonattainment areas (see sections 

182(a)(2) and 182(f)), and must not relax 

existing requirements (see sections 

110(l) and 193). The SCAQMD regulates 

an ozone nonattainment area (see 40 

CFR part 81), so Rule 1110.2 must fulfill 

RACT. Additionally, SIP rules must 

require Best Available Control Measures 

(BACM), including Best Available 

Control Technology (BACT), in serious 

particulate matter (PM) nonattainment 

areas (see CAA sections 189(a)(1) and 

189(b)(1)). The SCAQMD regulates a PM 

nonattainment area classified as serious 

(see 40 CFR part 81), so Rule 1110.2 

must implement BACM for PM 

precursors, including NOX. 

Guidance and policy documents that 

we use to help consistently evaluate 

enforceability and RACT or BACM 

requirements include the following: 

1. ‘‘State Implementation Plans; 

Nitrogen Oxides Supplement to the 

General Preamble; Clean Air Act 

Amendments of 1990 Implementation of 

Title I; Proposed Rule,’’ (the NOX

Supplement), 57 FR 55620, November 

25, 1992. 

2. ‘‘Issues Relating to VOC Regulation 

Cutpoints, Deficiencies, and 

Deviations,’’ EPA, May 25, 1988 (the 

Bluebook). 

3. ‘‘Guidance Document for Correcting 

Common VOC & Other Rule 

Deficiencies,’’ EPA Region 9, August 21, 

2001 (the Little Bluebook). 

4. ‘‘State Implementation Plans; 

General Preamble for the 

Implementation of Title I of the Clean 

Air Act Amendments of 1990,’’ 57 FR 

13498 (April 16, 1992); 57 FR 18070 

(April 28, 1992). 

5. ‘‘State Implementation Plans for 

Serious PM–10 Nonattainment Areas, 

and Attainment Date Waivers for PM–10 

Nonattainment Areas Generally; 

Addendum to the General Preamble for 

the Implementation of Title I of the 

Clean Air Act Amendments of 1990,’’ 59 

FR 41998 (August 16, 1994). 

6. ‘‘PM–10 Guideline Document,’’

EPA 452/R–93–008, April 1993. 

7.‘‘Determination of Reasonably 

Available Control Technology and Best 

Available Retrofit Control Technology 

for Stationary Spark-Ignited Internal 

Combustion Engines’’ (‘‘the 

Determination’’), California Air 

Resources Board (November 2001). 

8. ‘‘Best Available Control Technology 

Guidelines,’’ South Coast Air Quality 

Management District (August 17, 2000; 

latest revision July 14, 2006). 

B. Does the rule meet the evaluation 

criteria? 

We believe this rule is consistent with 

the relevant policy and guidance 

regarding enforceability, RACT, and SIP 

relaxations. The rule’s emissions limits 

are more stringent than the 

corresponding limits in the 

Determination or other California 

District rules on internal combustion 

engines. The emissions limits taking 

effect in 2011 and 2012 are comparable 

to the limits expressed by the South 

Coast AQMD BACT Guidelines. The 

deficiencies cited in the technical 

support document (TSD) for the 

November 14, 1997 version of Rule 

1110.2 (TSD dated January 27, 2005), 

have been adequately remedied or 

justified in this version. The TSD has 

more information on our evaluation. 

C. EPA Recommendations To Further 

Improve the Rule 

At this time, EPA does not have 

recommendations to further improve 

this rule. 

D. Public Comment and Final Action 

Because EPA believes the submitted 

rule fulfills all relevant requirements, 

we are proposing to fully approve it as 

described in section 110(k)(3) of the Act. 

We will accept comments from the 

public on this proposal for the next 30 

days. Unless we receive convincing new 

information during the comment period, 

we intend to publish a final approval 

action that will incorporate this rule 

into the federally enforceable SIP. 

III. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

state choices, provided that they meet 


dwashington3 on PRODPC61 with PROPOSALS
44206 Federal Register / Vol. 73, No. 147 / Wednesday, July 30, 2008 / Proposed Rules 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

approves state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq. ); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq. ); 

• 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); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements. 

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

Dated: July 11, 2008. 

Laura Yoshii, 

Acting Regional Administrator,Region IX. 

[FR Doc. E8–17455 Filed 7–29–08; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 08–1495; MB Docket No. 08–113; RM–

11446] 

Television Broadcasting Services; 

Glendive, MT 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: The Commission requests 

comments on a channel substitution 

proposed by Glendive Broadcasting 

Corp. (‘‘Glendive’’), the permittee of 

KXGN–DT, DTV channel 10, Glendive, 

Montana. Glendive requests the 

substitution of DTV channel 5 for 

channel 10 at Glendive. 

DATES: Comments must be filed on or 

before August 29, 2008, and reply 

comments on or before September 15, 

2008. 

ADDRESSES: Federal Communications 

Commission, Office of the Secretary 445 

12th Street, SW., TW–A325, 

Washington, DC 20554. In addition to 

filing comments with the FCC, 

interested parties should serve counsel 

for petitioner as follows: David D. 

Oxford, Esq., Davis Wright Tremaine 

LLP, 1919 Pennsylvania Avenue, NW., 

Suite 200, Washington, DC 20006. 

FOR FURTHER INFORMATION CONTACT: 

Joyce Bernstein, 

joyce.bernstein@fcc.gov, Media Bureau, 

(202) 418–1600. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Notice of 

Proposed Rule Making, MB Docket No. 

08–113, adopted July 17, 2008, and 

released July 22, 2008. The full text of 

this document is available for public 

inspection and copying during normal 

business hours in the FCC’s Reference 

Information Center at Portals II, CY–

A257, 445 12th Street, SW., 

Washington, DC, 20554. This document 

will also be available via ECFS (http:// 

www.fcc.gov/cgb/ecfs/). (Documents 

will be available electronically in ASCII, 

Word 97, and/or Adobe Acrobat.) This 

document may be purchased from the 

Commission’s duplicating contractor, 

Best Copy and Printing, Inc., 445 12th 

Street, SW., Room CY–B402, 

Washington, DC 20554, telephone 

1–800–478–3160 or via e-mail 

www.BCPIWEB.com. To request this 

document in accessible formats 

(computer diskettes, large print, audio 

recording, and Braille), send an e-mail 

to fcc504@fcc.gov or call the 

Commission’s Consumer and 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). This document does not contain 

proposed information collection 

requirements subject to the Paperwork 

Reduction Act of 1995, Public Law 104–

13. In addition, therefore, it does not 

contain any proposed information 

collection burden ‘‘for small business 

concerns with fewer than 25 

employees,’’ pursuant to the Small 

Business Paperwork Relief Act of 2002, 

Public Law 107–198, see 44 U.S.C. 

3506(c)(4). 

Provisions of the Regulatory 

Flexibility Act of 1980 do not apply to 

this proceeding. Members of the public 

should note that from the time a Notice 

of Proposed Rule Making is issued until 

the matter is no longer subject to 

Commission consideration or court 

review, all ex parte contacts are 

prohibited in Commission proceedings, 

such as this one, which involve channel 

allotments. See 47 CFR 1.1204(b) for 

rules governing permissible ex parte 

contacts. 

For information regarding proper 

filing procedures for comments, see 47 

CFR 1.415 and 1.420. 

List of Subjects in 47 CFR Part 73 

Television, Television broadcasting. 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission proposes to amend 47 CFR 

part 73 as follows: 

PART 73—RADIO BROADCAST 

SERVICES 

1. The authority citation for part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 303, 334, 336. 

§ 73.622(i) [Amended] 

2. Section 73.622(i), the DTV Table of 

Allotments under Montana, is amended 

by adding channel 5 and removing 

channel 10 at Glendive. 

Federal Communications Commission. 

Clay C. Pendarvis, 

Associate Chief, Video Division, Media 

Bureau. 

[FR Doc. E8–17448 Filed 7–29–08; 8:45 am] 

BILLING CODE 6712–01–P 


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