Federal Register / Vol. 73, No. 180 / Tuesday, September 16, 2008 / Proposed Rules 53403 

made a preliminary determination that 

they are consistent with 40 CFR 

51.166(p). Once properly promulgated 

by the State, EPA proposes to approve 

them into the State’s SIP. A copy of the 

proposed revised rules can be seen at 

http://www.regulations.gov (add the 

docket number EPA–R05–OAR–2007– 

1043 to Advanced Docket Search 

option). If Michigan submits these 

revised rules to EPA for final approval, 

EPA plans to finalize the approval 

without an additional comment period. 

Any party interested in commenting on 

whether Michigan’s proposed revision 

to Michigan Rule R 336.2816 meets the 

requirements of 40 CFR 51.166(p) 

should do so during the comment 

period on this action. 

V. Statutory and Executive Order 

Reviews 

Executive Order 12866: Regulatory 

Planning and Review 

Under Executive Order 12866 (58 FR 

51735, September 30, 1993), this action 

is not a ‘‘significant regulatory action’’ 

and therefore is not subject to review by 

the Office of Management and Budget. 

Paperwork Reduction Act 

This proposed 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.). 

Regulatory Flexibility Act 

This proposed action merely proposes 

to approve state law as meeting Federal 

requirements and imposes no additional 

requirements beyond those imposed by 

State law. Accordingly, the 

Administrator certifies that this 

proposed 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.). 

Unfunded Mandates Reform Act 

Because this rule proposes to approve 

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). 

Executive Order 13132: Federalism 

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 

proposes to approve a State rule 

implementing a Federal standard, and 

does not alter the relationship or the 

distribution of power and 

responsibilities established in the CAA. 

Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This proposed 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). 

Nevertheless, EPA anticipates providing 

outreach to tribes located in Michigan 

and other potentially affected areas 

regarding this proposed rulemaking. 

Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

This proposed 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 proposes 

approval of a state rule implementing a 

Federal standard. 

Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

Because it is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866 or a ‘‘significant regulatory 

action,’’ 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). 

National Technology Transfer 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (NTTAA), 15 U.S.C. 272, 

requires Federal agencies to use 

technical standards that are developed 

or adopted by voluntary consensus to 

carry out policy objectives, so long as 

such standards are not inconsistent with 

applicable law or otherwise impractical. 

In reviewing SIP submissions, EPA’s 

role is to approve State choices, 

provided that they meet the criteria of 

the CAA. Absent a prior existing 

requirement for the state to use 

voluntary consensus standards, EPA has 

no authority to disapprove a SIP 

submission for failure to use such 

standards, and it would thus be 

inconsistent with applicable law for 

EPA to use voluntary consensus 

standards in place of a program 

submission that otherwise satisfies the 

provisions of the CAA. Therefore, the 

requirements of section 12(d) of the 

NTTAA do not apply. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: August 25, 2008. 

Lynn Buhl, 

Regional Administrator, Region 5. 

[FR Doc. E8–21620 Filed 9–15–08; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2007–0603; FRL—8713–7] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Louisiana; Approval of Section 

110(a)(1) Maintenance Plan for the 

1997 8-Hour Ozone Standard for the 

New Orleans Ozone Maintenance Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

this revision to the Louisiana State 

Implementation Plan (SIP) concerning 

the maintenance plan addressing the 

1997 8-hour ozone standard for the New 

Orleans Ozone Maintenance Area. On 

June 29, 2007, the State of Louisiana 

submitted a maintenance plan for the 

New Orleans Ozone Maintenance Area, 

which includes the parishes of Jefferson, 

Orleans, St. Bernard and St. Charles, 

which ensures continued attainment of 

the 1997 8-hour ozone National 

Ambient Air Quality Standard (NAAQS) 

through the year 2014. This 

maintenance plan meets the statutory 

and regulatory requirements, and is 

consistent with EPA’s guidance. EPA is 

approving the revisions pursuant to 

section 110 of the Federal Clean Air Act 

(CAA). On March 12, 2008, EPA issued 

a revised ozone standard. Today’s 

action, however, is being taken to 

address requirements under the 1997 

ozone standard. Requirements for the 

New Orleans area under the 2008 


ebenthall on PROD1PC60 with PROPOSALS
53404 Federal Register / Vol. 73, No. 180 / Tuesday, September 16, 2008 / Proposed Rules 

standard will be addressed in future 

actions. 

DATES: Written comments must be 

received on or before October 16, 2008. 

ADDRESSES: Comments may be mailed to 

Mr. Guy Donaldson, Chief, Air Planning 

Section (6PD–L), Environmental 

Protection Agency, 1445 Ross Avenue, 

Suite 1200, Dallas, Texas 75202–2733. 

Comments may also be submitted 

electronically or through hand delivery/ 

courier by following the detailed 

instructions in the Addresses section of 

the direct final rule located in the rules 

section of this Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Ellen Belk, Air Planning Section (6PD– 

L), Environmental Protection Agency, 

Region 6, 1445 Ross Avenue, Suite 700, 

Dallas, Texas 75202–2733, telephone 

(214) 665–2164; fax number 214–665– 

7263; e-mail address 

belk.ellen@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

final rules section of this Federal 

Register, EPA is approving the State’s 

SIP submittal as a direct final rule 

without prior proposal because the 

Agency views this as a noncontroversial 

submittal and anticipates no adverse 

comments. A detailed rationale for the 

approval is set forth in the direct final 

rule. If no relevant adverse comments 

are received in response to this action, 

no further activity is contemplated. If 

EPA receives adverse comments, the 

direct final rule will be withdrawn and 

all public comments received will be 

addressed in a subsequent final rule 

based on this proposed rule. EPA will 

not institute a second comment period. 

Any parties interested in commenting 

on this action should 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. 

For additional information, see the 

direct final rule, which is located in the 

rules section of this Federal Register. 

Dated: August 29, 2008. 

Richard E. Greene, 

Regional Administrator, Region 6. 

[FR Doc. E8–21202 Filed 9–15–08; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2007–0836–200739(b); 

FRL–8714–9] 

Approval and Promulgation of 

Implementation Plans; Florida; 

Removal of Gasoline Vapor Recovery 

From Southeast Florida Areas 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

the State Implementation Plan (SIP) 

revision submitted by the State of 

Florida (Florida) on May 31, 2007, for 

the purpose of removing Stage II vapor 

control requirements for new and 

upgraded gasoline dispensing facilities 

in Dade, Broward, and Palm Beach 

Counties (hereafter referred to as the 

‘‘Southeast Florida Area’’), and to phase 

out Stage II requirements for existing 

facilities in those counties. In addition, 

EPA is proposing to approve this SIP 

revision which would require new and 

upgraded gasoline dispensing facilities 

and new bulk gasoline plants statewide 

to employ Stage I vapor control systems, 

and would phase in Stage I vapor 

control requirements statewide for 

existing gasoline dispensing facilities. 

In the Final Rules Section of this 

Federal Register, EPA is approving the 

State’s SIP revision as a direct final rule 

without prior proposal because the 

Agency views this as a noncontroversial 

submittal and anticipates no adverse 

comments. A detailed rationale for the 

approval is set forth in the direct final 

rule. If no adverse comments are 

received in response to this rule, no 

further activity is contemplated. If EPA 

receives adverse comments, the direct 

final rule will be withdrawn and all 

public comments received will be 

addressed in a subsequent final rule 

based on this proposed rule. EPA will 

not institute a second comment period 

on this document. Any parties 

interested in commenting on this 

document should do so at this time. 

DATES: Written comments must be 

received on or before October 16, 2008. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2007–0836, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. E-mail: lesane.heidi@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: ‘‘EPA–R04–OAR–2007– 

0836,’’ Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. 

5. Hand Delivery or Courier: Heidi 

LeSane, Regulatory Development 

Section, Air Planning Branch, Air, 

Pesticides and Toxics Management 

Division, U.S. Environmental Protection 

Agency, Region 4, 61 Forsyth Street, 

SW., Atlanta, Georgia 30303–8960. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 to 4:30, excluding Federal 

holidays. 

Please see the direct final rule which 

is located in the Rules section of this 

Federal Register for detailed 

instructions on how to submit 

comments. 

FOR FURTHER INFORMATION CONTACT: 

Heidi LeSane, Regulatory Development 

Section, Air Planning Branch, Air, 

Pesticides and Toxics Management 

Division, U.S. Environmental Protection 

Agency, Region 4, 61 Forsyth Street, 

SW., Atlanta, Georgia 30303–8960. The 

telephone number is (404) 562–9074. 

Ms. LeSane can also be reached via 

electronic mail at lesane.heidi@epa.gov. 

SUPPLEMENTARY INFORMATION: For 

additional information see the direct 

final rule which is published in the 

Rules Section of this Federal Register. 

Dated: August 29, 2008. 

Russell L. Wright, Jr., 

Regional Administrator, Region 4. 

[FR Doc. E8–21304 Filed 9–15–08; 8:45 am] 

BILLING CODE 6560–50–P 

GENERAL SERVICES 

ADMINISTRATION 

48 CFR Part 505 

[GSAR Case 2008–G503; Docket 2008–0007; 

Sequence 18] 

RIN 3090–AI71 

General Services Acquisition 

Regulation; GSAR Case 2008–G503; 

Rewrite of GSAR Part 505, Publicizing 

Contract Actions 

AGENCY: Office of the Chief Acquisition 

Officer, General Services 

Administration (GSA). 

ACTION: Proposed rule. 

SUMMARY: The General Services 

Administration (GSA) is proposing to 

amend the General Services Acquisition 

Regulation (GSAR) to revise language 

that provides requirements for 

publicizing contract actions. 


ebenthall on PROD1PC60 with PROPOSALS