51226 Federal Register / Vol. 73, No. 170 / Tuesday, September 2, 2008 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2006–0714, FRL–8701–4] 

Revisions to the California State 

Implementation Plan, Antelope Valley 

Air Quality Management District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve revisions to the 

Antelope Valley Air Quality 

Management District (AVAQMD) 

portion of the California State 

Implementation Plan (SIP). Under 

authority of the Clean Air Act as 

amended in 1990 (CAA or the Act), we 

are approving minor administrative 

changes to local rules that address 

permitting requirements. 

DATES: This rule is effective on 

November 3, 2008 without further 

notice, unless EPA receives adverse 

comments by October 2, 2008. If we 

receive such comments, we will publish 

a timely withdrawal in the Federal 

Register to notify the public that this 

rule will not take effect. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09–

OAR–2006–0714 by one of the following 

methods: 

• Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

• E-mail: R9airpermits@epa.gov. 

• Mail or deliver: Gerardo Rios (Air3), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105. 

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: 

Laura Yannayon, Permits Office (AIR–

3), U.S. Environmental Protection 

Agency, Region IX, (415) 972–3534, 

yannayon.laura@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. The State’s Submittal 

A. What rules did the State submit? 

B. Are there other versions of these rules? 

C. What is the purpose of the submitted 

rule and rule revisions? 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rules? 

B. Do the rules meet the evaluation 

criteria? 

C. Public Comment and Final Action 

III. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What rules did the State submit? 

Table 1 lists the rules we are 

approving with the date that they were 

amended by the local air agency and 

submitted by the California Air 

Resources Board (CARB). 

TABLE 1—SUBMITTED RULES FOR FULL APPROVAL

Local agency Rule No. Rule title Amended Submitted 

AVAQMD .................................. 101 Title ............................................................................................ 05/17/05 03/10/06 

AVAQMD .................................. 102 Definition of Terms .................................................................... 05/17/05 03/10/06 

AVAQMD .................................. 106 Increments of Progress ............................................................. 05/17/05 03/10/06 

AVAQMD .................................. 108 Alternative Emission Control Plans ........................................... 05/17/05 03/10/06 

AVAQMD .................................. 109 Recordkeeping for Volatile Organic Compound Emissions ...... 05/17/05 03/10/06 

AVAQMD .................................. 208 Permit for Open Burning ........................................................... 05/17/05 03/10/06 

AVAQMD .................................. 210 Applications ............................................................................... 05/17/05 03/10/06 

AVAQMD .................................. 212 Standards for Approving Permits .............................................. 05/17/05 03/10/06 

AVAQMD .................................. 218 Stack Monitoring ....................................................................... 05/17/05 03/10/06 

AVAQMD .................................. 220 Exemption—Net Increase in Emissions .................................... 05/17/05 03/10/06 

AVAQMD .................................. 221 Plans ......................................................................................... 05/17/05 03/10/06 

AVAQMD .................................. 226 Limitations on Potential to Emit ................................................ 05/17/05 03/10/06 

On March 30, 2006, these rule 

submittals were 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 these 

rules? 

We approved Rules 101 and 102 into 

the SIP on December 31, 1998 (63 FR 

72197); Rule 106 on June 14, 1978 (43 

FR 25686); Rule 108 on August 30, 1993 

(58 FR 45445); Rule 109 on April 13, 

1995 (60 FR 18750); Rule 210 on 

October 8, 1976 (43 FR 40011); Rule 212 

on December 4, 1996 (61 FR 64291); 

Rules 218 and 220 on July 6, 1982 (47 

FR 29231); Rule 221 on April 17, 1987 

(52 FR 12522); and Rule 226 on August 

31, 2004 (69 FR 53005). 

There is no version of Rule 208 in the 

SIP. We did not act on a version of Rule 

208 adopted by AVAQMD on January 5, 

1990 and submitted by CARB to us on 

December 31, 1990. While we can act on 

only the most recently submitted 

version, we have reviewed materials 

provided with previous submittal. 

C. What is the purpose of the submitted 

rule and rule revisions? 

These rules describe administrative 

provisions and definitions that support 

emission controls found in other local 

agency requirements. In combination 

with the other requirements, these rules 


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Federal Register / Vol. 73, No. 170 / Tuesday, September 2, 2008 / Rules and Regulations 51227 

must be enforceable (see section 110(a) 

of the CAA) and must not relax existing 

requirements (see sections 110(l) and 

193). 

The TSD has more information about 

these rules. 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rules? 

These rules describe administrative 

provisions and definitions that support 

emission controls found in other local 

agency requirements. In combination 

with the other requirements, these rules 

must be enforceable (see section 110(a) 

of the CAA) and must not relax existing 

requirements (see sections 110(l) and 

193). 

The following guidance documents 

were used for reference: 

• Review of New Sources and 

Modifications, U.S. EPA, 40 CFR part 

51, subpart I. 

• Guidance Document for Correcting 

Common VOC & Other Rule 

Deficiencies, EPA Region 9, (August 21, 

2001). (The Little Bluebook) 

B. Do the rules meet the evaluation 

criteria? 

We believe the rules are consistent 

with the relevant policy and guidance 

regarding enforceability and SIP 

relaxations. The TSD has more 

information on our evaluation. 

C. Public Comment and Final Action 

As authorized in section 110(k)(3) of 

the CAA, EPA is fully approving the 

submitted Rules 101, 102, 106, 108, 109, 

208, 210, 212, 218, 220, 221, and 226 

because we believe they fulfill all 

relevant requirements. We do not think 

anyone will object to this, so we are 

finalizing the approval without 

proposing it in advance. However, in 

the Proposed Rules section of this 

Federal Register, we are simultaneously 

proposing approval of the same 

submitted rules. If we receive adverse 

comments by October 2, 2008, we will 

publish a timely withdrawal in the 

Federal Register to notify the public 

that the direct final approval will not 

take effect and we will address the 

comments in a subsequent final action 

based on the proposal. If we do not 

receive timely adverse comments, the 

direct final approval will be effective 

without further notice on November 3, 

2008. This will incorporate these rules 

into the federally-enforceable SIP. 

Please note that if EPA receives 

adverse comment on an amendment, 

paragraph, or section of this direct final 

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. 

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 

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 action: 

• 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. 

The Congressional Review Act, 5 

U.S.C. 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 action 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. 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 action 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, Incorporation by 

reference, Intergovernmental relations, 

Reporting and recordkeeping 

requirements. 

Dated: July 11, 2008. 

Laura Yoshii, 

Acting Regional Administrator, Region IX. 

■ Part 52, chapter I, title 40 of the 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 et seq. 

Subpart F—California 

■ 2. Section 52.220 is amended by 

adding paragraphs (c)(344)(i)(A)(2), (3), 

and (4) to read as follows: 

§ 52.220 Identification of plan. 

* * * * * 


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51228 Federal Register / Vol. 73, No. 170 / Tuesday, September 2, 2008 / Rules and Regulations 

(c) * * * 

(344) * * * 

(i) * * * 

(A) * * * 

(2) Rule 101, ‘‘Title,’’ and Rule 102, 

‘‘Definition of Terms,’’ originally 

adopted on February 4, 1977 and 

amended on May 17, 2005. 

(3) Rule 106, ‘‘Increments of 

Progress,’’ Rule 210, ‘‘Applications,’’

Rule 212, ‘‘Standards for Approving 

Permits,’’ and Rule 218, ‘‘Stack 

Monitoring,’’ originally adopted on 

January 9, 1976 and amended on May 

17, 2005. 

(4) Rule 108, ‘‘Alternative Emission 

Control Plans,’’ Rule 109, 

‘‘Recordkeeping for Volatile Organic 

Compound Emissions,’’ Rule 208, 

‘‘Permit for Open Burning,’’ Rule 220, 

‘‘Exemption—Net Increase in 

Emissions,’’ Rule 221, ‘‘Plans,’’ and Rule 

226, ‘‘Limitations on Potential to Emit,’’

originally adopted on March 2, 1990, 

May 5, 1989, October 8, 1976, November 

4, 1977, January 4, 1985, and March 17, 

1998, respectively, and amended on 

May 17, 2005. 

* * * * * 

[FR Doc. E8–20137 Filed 8–29–08; 8:45 am] 

BILLING CODE 6560–50–P 

GENERAL SERVICES 

ADMINISTRATION 

41 CFR Part 302–17 

[FTR Amendment 2008–03; FTR Case 2008–

302; Docket2008–002, Sequence 1] 

RIN 3090–AI48 

Federal Travel Regulation; Relocation 

Income Tax (RIT) Allowance 

TaxTables–2008 Update 

Correction 

In rule document E8–10022 beginning 

on page 25539 in the issue 

ofWednesday, May 7, 2008 make the 

following corrections: 

On page 25542, in Part 302–17, under 

Appendix D to Part 302–17,the tables 

should read as set forth below: 

Appendix D to Part 302–17—

[Corrected] 

PUERTO RICO MARGINAL TAX RATES

BY EARNED INCOME LEVEL—TAX

YEAR2007 

[Use the following table to compute the RIT allowance for Puerto Ricotaxes, as prescribed 

in 302–17.8(e)(4)(i), on taxable reimbursements receivedduring calendar year 2007.] 

Marginal tax 

rate 

For married person living 

with spouse and filing jointly, 

married person not living 

with spouse, single person, 

or head of household 

Percent Over But not over 

7% ................. $2,000 $17,000 

14% + 1,190 17,000 30,000 

25% + 3,010 30,000 50,000 

33% + 8,010 50,000 ......................

Marginal tax 

rate 

For married person living 

with spouse and filing 

separately 

Percent Over But not over 

7% ................. $1,000 $8,500 

14% + $595 .. 8,500 15,000 

25% + 1,505 15,000 25,000 

33% + 4,005 25,000 ......................

Source: Individual Income Tax Return 

2007—Long Form; Commonwealth of Puerto 

Rico, Department of the Treasury, P.O. Box 

9022501, San Juan, PR 00902–2501; http:// 

www.hacienda.gobierno.pr/. 

[FR Doc. Z8–10022 Filed 8–29–08; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 229 

[Docket No. 080509647–81084–02] 

RIN 0648–AW84 

Taking of Marine Mammals Incidental 

to Commercial Fishing Operations; 

Atlantic Large Whale Take Reduction 

Plan Regulations 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: Through this final rule, the 

National Marine Fisheries Service 

(NMFS) amends the regulations 

implementing the Atlantic Large Whale 

Take Reduction Plan (ALWTRP), to 

delay the effective date of a broad-based 

gear modification and remove one of the 

gear-related definitions required in the 

recent amendment to the ALWTRP. 

Specifically, NMFS will delay the 

broad-based sinking groundline 

requirement for trap/pot fishermen 

along the Atlantic coast for an 

additional six months, from October 5, 

2008, to April 5, 2009. Additionally, 

this final rule will delete the term 

‘‘neutrally buoyant line’’ and its 

associated definition from the ALWTRP 

regulations. 

DATES: This final rule is effective 

October 2, 2008. 

ADDRESSES: Copies of the proposed rule 

and Regulatory Impact Review related to 

this action can be obtained from the 

ALWTRP website listed under the 

Electronic Access portion of this 

document or writing Diane Borggaard, 

NMFS, Northeast Region, 1 Blackburn 

Dr., Gloucester, MA 01930. For 

additional ADDRESSES and web sites for 

document availability see 

SUPPLEMENTARY INFORMATION. 

FOR FURTHER INFORMATION CONTACT: 

Diane Borggaard, NMFS, Northeast 

Region, 978–281–9300 Ext. 6503; or 

Kristy Long, NMFS, Office of Protected 

Resources, 301–713–2322. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

Several of the background documents 

for the ALWTRP and the take reduction 

planning process can be downloaded 

from the ALWTRP web site at http:// 

www.nero.noaa.gov/whaletrp/. The 

complete text of the regulations 

implementing the ALWTRP can be 

found either in the Code of Federal 

Regulations (CFR) at 50 CFR 229.32 or 

downloaded from the website, along 

with a guide to the regulations. 

Background 

This final rule implements 

modifications to the October 5, 2007 

amendment to the ALWTRP (72 FR 

57104, October 5, 2007; 73 FR 19171, 

April 9, 2008). Details concerning the 

development and justification of this 

final rule were provided in the preamble 

of the proposed rule (73 FR 32278, June 

6, 2008), and are not repeated here. 

Delay of Broad-based Sinking 

Groundline Requirement for Atlantic 

Trap/Pot Fishermen 

This final rule will provide an 

additional six months (through April 5, 

2009) for trap/pot fishermen along the 

Atlantic coast to comply with the 

AWLTRP’s broad-based sinking 

groundline requirement. Regulated trap/ 

pot fisheries include, but are not limited 

to, American lobster, crab (red, Jonah, 

rock, and blue), hagfish, finfish (black 

sea bass, scup, tautog, cod, haddock, 


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