51222 Federal Register / Vol. 73, No. 170 / Tuesday, September 2, 2008 / Rules and Regulations 

enforced from 1:30 p.m. to 4:30 p.m. on 

October 18, 2008. 

FOR FURTHER INFORMATION CONTACT: CDR 

Joseph Snowden, Prevention, U.S. Coast 

Guard Sector Detroit, 110 Mount Elliot 

Ave., Detroit, MI 48207; (313) 568–9580. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the special local 

regulation for the annual Detroit Belle 

Isle Gran Prix, Detroit, MI, in 33 CFR 

100.912 on August 29, 30, and 31, 2008, 

from 7:30 a.m. until 7:30 p.m. The Coast 

Guard will enforce the special local 

regulation for the annual Old Club 

Cannonade, Harsens Island, MI, in 33 

CFR 100.917 on October 18, 2008, from 

1:30 p.m. until 4:30 p.m. 

Under the provisions of 33 CFR 

100.912 and 33 CFR 100.917 no vessel 

may enter, transit through, or anchor 

within the regulated areas without the 

permission of the Captain of the Port or 

the Coast Guard Patrol Commander. 

The ‘‘Coast Guard Patrol Commander’’

is any Coast Guard commissioned, 

warrant, or petty officer who has been 

designated by the Captain of the Port to 

act on his behalf. The Coast Guard 

Patrol Commander will be aboard either 

a Coast Guard or Coast Guard Auxiliary 

vessel. The Captain of the Port or the 

Coast Guard Patrol Commander may be 

contacted via VHF Channel 16. 

Vessel operators given permission to 

enter or operate in the regulated areas 

must comply with all directions given to 

them by the Captain of the Port or the 

Coast Guard Patrol Commander. 

This notice is issued under authority 

of 33 CFR 100.912, 33 CFR 100.917, and 

5 U.S.C. 552(a). In order to ensure the 

safety of spectators and transiting 

vessels, these regulated areas will be in 

effect for the duration of the events. In 

the event that these regulated areas 

affect shipping, commercial vessels may 

request permission from the Captain of 

the Port or the Coast Guard Patrol 

Commander to transit through the 

regulated area. Requests must be made 

in advance and approved by the Captain 

of Port or the Coast Guard Patrol 

Commander before transits will be 

authorized. The Captain of the Port or 

the Coast Guard Patrol Commander may 

be contacted via U.S. Coast Guard 

Sector Detroit on channel 16, VHF–FM. 

The Coast Guard will give notice to the 

public via a Broadcast to Mariners that 

the regulation is in effect. 

Dated: August 25, 2008. 

F.M. Midgette, 

Captain, U.S. Coast Guard, Captain of the 

Port Detroit. 

[FR Doc. E8–20308 Filed 8–29–08; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2008–0340; FRL–8700–7] 

Approval and Promulgation of Air 

Quality Implementation Plans; State of 

Utah; Revised Transportation 

Conformity Consultation Process, and 

Approval of Related Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action approving State Implementation 

Plan (SIP) revisions submitted by the 

State of Utah on June 26, 2007 and April 

17, 2008. The June 26, 2007 revision 

updates Section XII of the Utah SIP and 

Rule R307–110–20 of the Utah 

Administrative Code (UAC) to meet the 

federal transportation conformity 

consultation requirements. The 

amended Rule R307–110–20 

incorporates by reference Section XII, 

‘‘Transportation Conformity 

Consultation,’’ of the SIP. The April 17, 

2008 revision makes minor changes to 

sections R307–101–2 ‘‘Definitions,’’

R307–115–1 ‘‘Determining Conformity,’’

R307–170–7 ‘‘Performance Specification 

Audits,’’ and R307–310–2, 

‘‘Definitions,’’ and adds R307–101–3 

‘‘Version of CFR Incorporated by 

Reference.’’ EPA is approving the SIP 

revisions submitted by the State of Utah 

on June 26, 2007 and April 17, 2008. 

This action is being taken under section 

110 of the Clean Air Act. 

DATES: This rule is effective on 

November 3, 2008 without further 

notice, unless EPA receives adverse 

comment by October 2, 2008. If adverse 

comment is received, EPA will publish 

a timely withdrawal of the direct final 

rule in the Federal Register informing 

the public that the rule will not take 

effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R08–

OAR–2008–0340, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

• E-mail: videtich.callie@epa.gov and 

kimes.jeffrey@epa.gov. 

• Fax: (303) 312–6064 (please alert 

the individual listed in the FOR FURTHER

INFORMATION CONTACT if you are faxing 

comments). 

• Mail: Callie A. Videtich, Director, 

Air Program, Environmental Protection 

Agency (EPA), Region 8, Mailcode 8P–

AR, 1595 Wynkoop Street, Denver, 

Colorado 80202–1129. 

• Hand Delivery: Callie A. Videtich, 

Director, Air Program, Environmental 

Protection Agency (EPA), Region 8, 

Mailcode 8P–AR, 1595 Wynkoop Street, 

Denver, Colorado 80202–1129. Such 

deliveries are only accepted Monday 

through Friday, 8 a.m. to 4:30 p.m., 

excluding Federal holidays. Special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R08–OAR–2008–

0340. 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:// 

www.regulations.gov, 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 http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, 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 http:// 

www.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. For additional information 

about EPA’s public docket visit the EPA 

Docket Center home page at http:// 

www.epa.gov/epahome/dockets.htm. 

For additional instructions on 

submitting comments, go to Section I. 

General Information of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 


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Federal Register / Vol. 73, No. 170 / Tuesday, September 2, 2008 / Rules and Regulations 51223 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the Air Program, Environmental 

Protection Agency (EPA), Region 8, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129. EPA requests that if at all 

possible, you contact the individual 

listed in the FOR FURTHER INFORMATION

CONTACT section to view the hard copy 

of the docket. You may view the hard 

copy of the docket Monday through 

Friday, 8 a.m. to 4 p.m., excluding 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Jeffery Kimes, Air Program, 

Environmental Protection Agency 

(EPA), Mailcode 8P–AR, 1595 Wynkoop 

Street, Denver, Colorado 80202–1129, 

phone (303) 312–6445, and e-mail at: 

kimes.jeffrey@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Definitions 

For the purpose of this document, we 

are giving meaning to certain words or 

initials as follows: 

(i) The words or initials Act or CAA 

mean or refer to the Clean Air Act, 

unless the context indicates otherwise. 

(ii) The words EPA, we, us or our 

mean or refer to the United States 

Environmental Protection Agency. 

(iii) The initials SIP mean or refer to 

State Implementation Plan. 

(iv) The words State or Utah mean the 

State of Utah, unless the context 

indicates otherwise. 

Table of Contents 

I. General Information 

II. What Is the Purpose of This Action? 

III. What Is the State Process To Submit 

These Materials to EPA? 

IV. EPA’s Evaluation of the State of Utah’s 

June 26, 2007 Submittal 

V. EPA’s Evaluation of the State of Utah’s 

April 17, 2008 Submittal 

VI. Consideration of Section 110(l) of the 

Clean Air Act 

VII. Final Action 

VIII. Statutory and Executive Order Reviews 

I. General Information 

A. What Should I Consider as I Prepare 

My Comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through http:// 

regulations.gov or e-mail. Clearly mark 

the part or all of the information that 

you claim to be CBI. For CBI 

information in a disk or CD–ROM that 

you mail to EPA, mark the outside of the 

disk or CD–ROM as CBI and then 

identify electronically within the disk or 

CD–ROM the specific information that 

is claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

2. Tips for Preparing Your Comments. 

When submitting comments, remember 

to: 

a. Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

b. Follow directions—The agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

c. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

d. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

e. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

f. Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

g. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

h. Make sure to submit your 

comments by the comment period 

deadline identified. 

II. What Is the Purpose of This Action? 

EPA is approving revisions to Section 

XII, ‘‘Transportation Conformity 

Consultation,’’ of the Utah SIP, and to 

Rule R307–110–20 (incorporating by 

reference Section XII) of the Utah 

Administrative Code. Section XII of the 

Utah SIP, ‘‘Transportation Conformity 

Consultation,’’ addresses the 

requirements of 42 U.S.C. 7506 and 40 

CFR 51.390(b) to formalize the 

consultation process and to ensure early 

coordination and negotiation among all 

parties affected by transportation 

conformity. By approving these 

provisions, EPA is making them part of 

the federally enforceable state 

implementation plan for Utah under the 

Clean Air Act (CAA). 

In addition, EPA is approving minor 

revisions to sections R307–101–2, 

‘‘Definitions;’’ R307–115–1, 

‘‘Determining Conformity;’’ R307–170–

7, ‘‘Performance Specification Audits;’’

and R307–310–2, ‘‘Definitions;’’ these 

minor revisions change the date of a 

cross referenced technical source and 

remove the dates of various CFR and 

Federal Register references and replace 

them with a reference to new R307–

101–3, which references the July 1, 2007 

version of the CFR. EPA is also 

approving R307–101–3, ‘‘Version of CFR 

Incorporated by Reference.’’ By 

approving these provisions, EPA is 

making them part of the federally 

enforceable state implementation plan 

for Utah under the Clean Air Act (CAA). 

III. What Is the State Process To Submit 

SIP Revisions to EPA? 

Section 110(k) of the CAA addresses 

our actions on submissions of revisions 

to a SIP. The CAA requires States to 

observe certain procedural requirements 

in developing SIP revisions for 

submittal to EPA. Section 110(a)(2) of 

the CAA requires that each SIP revision 

be adopted after reasonable notice and 

public hearing. This action must occur 

prior to the revision being submitted by 

a State to EPA. 

The Utah Air Quality Board (UAQB) 

held a public hearing on March 15, 2007 

for the revision to Section XII of the 

Utah SIP, and Rule R307–110–20 of the 

UAC. These revisions to the State SIP 

were adopted by the UAQB on May 2, 

2007, and were submitted by the 

Governor to EPA on June 26, 2007. Rule 

R307–110–20 became effective on May 

2, 2007. 

While the UAQB held a public 

comment period from November 14, 

2007 to December 31, 2007 on minor 

revisions to R307–101–2, R307–115–1, 

R307–170–7, and R307–310–2, and the 

addition of R307–101–3, no comments 

were received and a public hearing was 

not requested. These revisions to the 

State SIP were adopted by the UAQB on 

February 6, 2008, and were submitted 

by the Governor to EPA on April 17, 

2008. These revisions became effective 

on February 8, 2008. 

IV. EPA’s Evaluation of the State of 

Utah June 26, 2007 Submittal 

EPA has reviewed the revised State of 

Utah Conformity Transportation 

Consultation SIP (Conformity SIP) 

submitted on June 26, 2007 and finds 

that approval is warranted. The 

following is a summary of the key 

aspects of the SIP and our evaluation of 

each: 

A. We reviewed the submittal to 

assure consistency with our conformity 

regulations at 40 CFR 51.390(b), which 

were revised on January 24, 2008, 73 FR 

4438. We also consulted the February 

14, 2006, ‘‘Interim Guidance for 

Implementing the Transportation 

Conformity provisions in the Safe, 

Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for 

Users (SAFETEA–LU)’’. The guidance 

document can be found at http:// 

epa.gov/otaq/stateresources/transconf/ 


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51224 Federal Register / Vol. 73, No. 170 / Tuesday, September 2, 2008 / Rules and Regulations 

policy.htm. Forty CFR part 51.390(b) 

establishes the requirements for 

conformity consultation SIPs. It 

provides that each state is required to 

address three specific sections of the 

EPA Conformity Rules found at 40 CFR 

part 93. The provisions required are: 40 

CFR 93.105 (consultation procedures); 

40 CFR 93.122(a)(4)(ii) (certain control 

measures); and 40 CFR 93.125(c) 

(mitigation measures). 

i. 40 CFR 93.105, ‘‘Consultation,’’

requires the transportation conformity 

SIP to include procedures for 

interagency consultation, resolution of 

conflicts, and public consultation. 

Utah’s revised Conformity SIP 

establishes the Interagency Consultation 

Team (ICT). The ICT consists of the 

Utah Division of Air Quality (UDAQ), 

all Utah metropolitan planning 

organizations (MPOs) located in 

designated non-attainment and 

maintenance areas, Utah Department of 

Transportation (UDOT), Utah public 

transit agencies, Federal Highway 

Administration (FHWA), Federal 

Transit Administration (FTA), and EPA. 

The revision establishes and outlines 

the specific roles and responsibilities of 

each of the members of the ICT. It also 

describes the interagency collaboration, 

consultation, and planning process. The 

SIP addresses SIP development, 

transportation planning and specific 

sub-processes such as emission and 

traffic modeling, project planning and 

changes, conformity triggers, and 

responsibility for conformity in donut 

areas (those areas within nonattainment 

and maintenance areas that are not 

included within any MPO boundaries). 

The revised Conformity SIP also 

includes procedures for resolving 

conformity-related disputes and 

including the public in the 

transportation conformity process. 

ii. 40 CFR 93.122(a)(4)(ii) requires the 

conformity implementation plan 

revision to provide that written 

commitments to control measures that 

are not included in the transportation 

plan and TIP must be obtained prior to 

a conformity determination and that 

such commitments must be fulfilled. 

The revised Conformity SIP meets this 

requirement. 

iii. 40 CFR 93.125 relates to the 

enforceability of a transportation project 

design concept and scope and projectlevel mitigation and control measures. 

40 CFR 93.125(c) requires that written 

commitments to mitigation measures 

must be obtained prior to a positive 

conformity determination and that 

project sponsors must comply with such 

commitments. Utah has included these 

requirements in the revised Conformity 

SIP. 

V. EPA’s Evaluation of the State of Utah 

April 17, 2008 Submittal 

EPA has reviewed the revisions to 

sections R307–101–2, ‘‘Definitions;’’

R307–115–1, ‘‘Determining 

Conformity;’’ R307–170–7, 

‘‘Performance Specification Audits;’’

and R307–310–2, ‘‘Definitions.’’ EPA 

has also reviewed new R307–101–3, 

‘‘Version of CFR Incorporated by 

Reference;’’ EPA finds that approval of 

these SIP revisions is warranted. EPA’s 

description of the revisions submitted 

April 17, 2008 follows: 

A. Minor definition changes 

i. Changes to R307–101–2, 

‘‘Definitions.’’ The State added the 

acronym ‘‘ACGIH’’ for the American 

Conference of Government Industrial 

Hygienists, changed the reference date 

for an ACGIH publication from 2000 to 

2007, added the acronym ‘‘VOC’’ for 

Volatile Organic Compound, and 

removed reference dates for 40 CFR 

51.100(s)(1), which defines VOC, and 

replaced them with a reference to R307–

101–3, which references the July 1, 2007 

version of the CFR. 

B. Removal of citations to various 

specific volumes of the Federal Register 

and CFR and replacement with a 

reference to new R307–101–3, which 

references the July 1, 2007 version of the 

CFR. 

i. In addition to R307–101–2, 

‘‘Definitions,’’ discussed above, R307–

115–1, ‘‘Determining Conformity,’’

R307–170–7, ‘‘Performance 

Specification Audits,’’ and R307–310–2, 

‘‘Definitions,’’ each incorporated by 

reference or cross-referenced specific 

EPA regulations by citing various 

volumes of the Federal Register of CFR. 

Utah replaced these disparate citations 

with a cross-reference to new R307–

101–3, which in turn references the July 

1, 2007 version of the CFR. This change 

will simplify future changes to the SIP 

to incorporate by reference or crossreference future version of EPA’s 

regulations. 

VI. Consideration of Section 110(l) of 

the Clean Air Act 

Section 110(l) of the CAA states that 

a SIP revision cannot be approved if the 

revision would interfere with any 

applicable requirement concerning 

attainment and reasonable further 

progress towards attainment of a 

National Ambient Air Quality Standard 

(NAAQS) or any other applicable 

requirement of the CAA. These 

revisions will not interfere with 

attainment, reasonable further progress, 

or any other applicable requirement of 

the CAA. 

VII. Final Action 

EPA is approving, through direct final 

rulemaking, the revision to Section XII, 

‘‘Transportation Conformity 

Consultation,’’ of the Utah SIP, and to 

Rule R307–110–20 (which incorporates 

Section XII) of the Utah Administrative 

Code, to reflect that the State has 

adequately addressed the required 

elements of 42 U.S.C. 7506 and 40 CFR 

51.390(b). These revisions were adopted 

on May 2, 2007, and were submitted to 

EPA on June 26, 2007. Rule 307–110–20 

became effective on May 2, 2007. 

In addition, EPA is approving 

revisions to sections R307–101–2, 

‘‘Definitions;’’ R307–115–1, 

‘‘Determining Conformity;’’ R307–170–

7, ‘‘Performance Specification Audits;’’

and R307–310–2, ‘‘Definitions.’’ EPA is 

also approving the addition of R307–

101–3, ‘‘Version of CFR Incorporated by 

Reference.’’ These revisions were 

adopted on February 6, 2008, and were 

submitted to EPA on April 17, 2008. 

These revisions became effective on 

February 8, 2008. These revisions are 

minor and do not affect the adequacy of 

the SIP. 

EPA is publishing this rule without 

prior proposal because the Agency 

views this as a noncontroversial 

amendment and anticipates no adverse 

comments. However, in the Proposed 

Rules section of today’s Federal 

Register publication, EPA is publishing 

a separate document that will serve as 

the proposal to approve the SIP revision 

if adverse comments are filed. This rule 

will be effective November 3, 2008 

without further notice unless the 

Agency receives adverse comments by 

October 2, 2008. If the EPA receives 

adverse comments, EPA will publish a 

timely withdrawal in the Federal 

Register informing the public that the 

rule will not take effect. EPA will 

address all public comments in a 

subsequent final rule based on the 

proposed rule. The EPA will not 

institute a second comment period on 

this action. Any parties interested in 

commenting must do so at this time. 

Please note that if EPA receives adverse 

comment on an amendment, paragraph, 

or section of this rule and if that 

provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. 

VIII. Statutory and Executive Order 

Review 

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 


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Federal Register / Vol. 73, No. 170 / Tuesday, September 2, 2008 / Rules and Regulations 51225 

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). This action 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 approves a state rule 

implementing a Federal standard. 

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 

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.). 

The Congressional Review Act, 5 

U.S.C. section 801 et seq., as added by 

the Small Business Regulatory 

Enforcement Fairness Act of 1996, 

generally provides that before a rule 

may take effect, the agency 

promulgating the rule must submit a 

rule report, which includes a copy of 

the rule, to each House of the Congress 

and to the Comptroller General of the 

United States. EPA will submit a report 

containing this rule and other required 

information to the U.S. Senate, the U.S. 

House of Representatives, and the 

Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. section 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by November 3, 

2008. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this rule for the 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).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Conformity, 

Incorporation by reference, 

Intergovernmental relations, 

Transportation plan, Transportation 

Improvement Program, Volatile organic 

compounds. 

Dated: July 25, 2008. 

Judith Wong, 

Acting Deputy Regional Administrator, 

Region 8. 

■ 40 CFR part 52 is amended to read 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 TT—Utah 

■ 2. Section 52.2320 is amended by 

adding paragraphs (c)(66) and (c)(67) to 

read as follows: 

§ 52.2320 Identification of plan. 

* * * * * 

(c) * * * 

(66) Revisions to the Utah State 

Implementation Plan, ‘‘Section XII, 

Transportation Conformity 

Consultation,’’ as submitted by the 

Governor on June 26, 2007; and 

revisions to UAC R307–110–20, 

‘‘Section XII, Transportation Conformity 

Consultation,’’ as submitted by the 

Governor on June 26, 2007. 

(i) Incorporation by Reference. 

(A) UAC R307–110–20, ‘‘Section XII, 

Transportation Conformity 

Consultation,’’ as adopted by the Utah 

Air Quality Board on May 2, 2007, 

effective on May 2, 2007. 

(67) Revisions to the Utah State 

Implementation Plan, Sections R307–

101–2, ‘‘Definitions,’’ R307–115–1, 

‘‘Determining Conformity,’’ R307–170–

7, ‘‘Performance Specification Audits,’’

R307–310–2, ‘‘Definitions,’’ and R307–

101–3, ‘‘Version of CFR Incorporated by 

Reference,’’ as submitted by the 

Governor on April 17, 2008. 

(i) Incorporation by Reference. 

(A) UAC R307–101–2, ‘‘Definitions,’’

as adopted by the Utah Air Quality 

Board on February 6, 2008, effective on 

February 8, 2008. 

(B) UAC R307–115–1, ‘‘Determining 

Conformity,’’ as adopted by the Utah Air 

Quality Board on February 6, 2008, 

effective on February 8, 2008. 

(C) UAC R307–170–7, ‘‘Performance 

Specification Audits,’’ as by the Utah 

Air Quality Board adopted on February 

6, 2008, effective on February 8, 2008. 

(D) UAC R307–310–2, ‘‘Definitions,’’

as adopted by the Utah Air Quality 

Board on February 6, 2008, effective on 

February 8, 2008. 

(E) UAC R307–101–3, ‘‘Version of 

CFR Incorporated by Reference,’’ as 

adopted by the Utah Air Quality Board 

on February 6, 2008, effective on 

February 8, 2008. 

[FR Doc. E8–20139 Filed 8–29–08; 8:45 am] 

BILLING CODE 6560–50–P 


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