58042 Federal Register / Vol. 73, No. 194 / Monday, October 6, 2008 / Rules and Regulations 

SUMMARY: The Department of State is 

adding Eritrea to its regulations on 

prohibited exports and sales to certain 

countries as a result of its designation as 

a country not cooperating fully with 

antiterrorism efforts. 

DATES: This rule is effective October 3, 

2008. 

FOR FURTHER INFORMATION CONTACT: 

Nicholas Memos, Office of Defense 

Trade Controls Policy, Department of 

State, Telephone (202) 663–2804 or Fax 

(202) 261–8199; E-mail 

DTCResponseTeam@state.gov. 

SUPPLEMENTARY INFORMATION: On May 

14, the Deputy Secretary of State 

determined that six countries, Cuba, 

Eritrea, Iran, North Korea, Syria and 

Venezuela, are not cooperating fully 

with anti-terrorism efforts (73 FR 

29172). As a result of this 

determination, Section 40A of the Arms 

Export Control Act, as amended (22 

U.S.C. 2781), prohibits the sale or 

licensing for export of defense articles 

and defense services to those countries 

effective October 1. This rule adds 

Eritrea to the list of countries identified 

in 22 CFR 126.1(a). 

Regulatory Analysis and Notices 

Administrative Procedure Act 

This amendment involves a foreign 

affairs function of the United States and, 

therefore, is not subject to the 

procedures contained in 5 U.S.C. 553 

and 554. 

Regulatory Flexibility Act 

Since this amendment is not subject 

to the procedures in 5 U.S.C. 553, it 

does not require analysis under the 

Regulatory Flexibility Act. 

Unfunded Mandates Act of 1995 

This amendment does not involve a 

mandate that will result in the 

expenditure by state, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

in any year and it will not significantly 

or uniquely affect small governments. 

Therefore, no actions were deemed 

necessary under the provisions of the 

Unfunded Mandates Reform Act of 

1995. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This amendment has been found not 

to be a major rule within the meaning 

of the Small Business Regulatory 

Enforcement Fairness Act of 1996. 

Executive Orders 12372 and 13132 

This amendment will 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. Therefore, in 

accordance with Executive Order 13132, 

it is determined that this amendment 

does not have sufficient federalism 

implications to require consultations or 

warrant the preparation of a federalism 

summary impact statement. The 

regulations implementing Executive 

Order 12372 regarding 

intergovernmental consultation on 

Federal programs and activities do not 

apply to this amendment. 

Executive Order 12866 

This amendment is exempt from 

review under Executive Order 12866, 

but has been reviewed internally by the 

Department of State to ensure 

consistency with the purposes thereof. 

Paperwork Reduction Act 

This rule does not impose any new 

reporting or recordkeeping requirements 

subject to the Paperwork Reduction Act, 

44 U.S.C. Chapter 35. 

List of Subjects in 22 CFR Part 126 

Arms and munitions, Exports. 

■ Accordingly, for the reasons set forth 

above, Title 22, Chapter I, Subchapter 

M, Part 126 is amended as follows: 

PART 126—GENERAL POLICIES AND 

PROVISIONS 

■ 1. The authority citation for Part 126 

continues to read as follows: 

Authority: Secs. 2, 38, 40, 42 and 71, Pub. 

L. 90–629, 90 Stat. 744 (22 U.S.C. 2752, 2778, 

2780, 2791 and 2797); E.O. 11958, 42 FR 

4311; 3 CFR, 1977 Comp., p.79; 22 U.S.C. 

2651a; 22 U.S.C. 287c; E.O. 12918, 59 FR 

28205; 3 CFR, 1994 Comp., p.899; Sec. 1225, 

Pub. L. 108–375. 

■ 2. Section 126.1 is amended by 

revising paragraph (a) as follows: 

§ 126.1 Prohibited exports and sales to 

certain countries. 

(a) General. It is the policy of the 

United States to deny licenses and other 

approvals for exports and imports of 

defense articles and defense services, 

destined for or originating in certain 

countries. This policy applies to 

Belarus, Cuba, Eritrea, Iran, North 

Korea, Syria, and Venezuela. This 

policy also applies to countries with 

respect to which the United States 

maintains an arms embargo (e.g., Burma, 

China, Liberia, and Sudan) or whenever 

an export would not otherwise be in 

furtherance of world peace and the 

security and foreign policy of the United 

States. Information regarding certain 

other embargoes appears elsewhere in 

this section. Comprehensive arms 

embargoes are normally the subject of a 

State Department notice published in 

the Federal Register. The exemptions 

provided in the regulations in this 

subchapter, except § 123.17 of this 

subchapter, do not apply with respect to 

articles originating in or for export to 

any proscribed countries, areas, or 

persons in this § 126.1. 

* * * * * 

Dated: September 25, 2008. 

John C. Rood, 

Acting Under Secretary for Arms Control and 

International Security, Department of State. 

[FR Doc. E8–23575 Filed 10–3–08; 8:45 am] 

BILLING CODE 4710–25–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 50 

[EPA–HQ–OAR–2005–0159; FRL–8725–5] 

RIN 2060–AP28 

The Treatment of Data Influenced by 

Exceptional Events (Exceptional Event 

Rule): Revised Exceptional Event Data 

Flagging Submittal and Documentation 

Schedule To Support Initial Area 

Designations for the 2008 Ozone 

NAAQS 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to amend the Exceptional Events 

Rule to provide a revised exceptional 

event data flagging and documentation 

schedule for ozone data that may be 

used for designations under the 2008 

ozone national ambient air quality 

standards (NAAQS). The Exceptional 

Events Rule states that when EPA sets 

a NAAQS for a new pollutant or revises 

the NAAQS for an existing pollutant, 

EPA may revise or set a new schedule 

for flagging data for those NAAQS. EPA 

recently revised the primary and 

secondary ozone NAAQS to protect 

public health and welfare; the revised 

standards became effective on May 27, 

2008. Consistent with the process 

envisioned in the Exceptional Events 

Rule, this direct final action revises the 

dates for flagging data and submitting 

documentation regarding exceptional 

events under the revised ozone NAAQS. 

This revised schedule allows EPA to 

fully consider state requests for 

exceptional event concurrence prior to 

EPA making final designations. 

DATES: The direct final rule is effective 

on December 22, 2008 without further 

notice, unless EPA receives adverse 

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Federal Register / Vol. 73, No. 194 / Monday, October 6, 2008 / Rules and Regulations 58043 

comment by November 20, 2008. If EPA 

receives an adverse comment, we will 

publish a timely withdrawal in the 

Federal Register informing the public 

that this direct final rule will not take 

effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2005–0159, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: a-and-r-docket@epa.gov. 

Attention Docket ID No. EPA–HQ– 

OAR–2005–0159. 

• Fax: (202) 566–9744. Attention 

Docket ID No. EPA–HQ–OAR–2005– 

0159. 

• Mail: EPA Docket Center, EPA West 

(Air Docket), Attention Docket ID No. 

EPA–HQ–OAR–2005–0159, 

Environmental Protection Agency, 

Mailcode: 2822T, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460. 

• Hand Delivery: EPA Docket Center 

(Air Docket), Attention Docket ID No. 

EPA–HQ–OAR–2005–0159, 

Environmental Protection Agency, 1301 

Constitution Avenue, NW., Room 3334; 

Washington, DC. Such deliveries are 

only accepted during the Docket’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OAR–2005– 

0159. 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 and 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 homepage at http:// 

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

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 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the EPA Docket Center EPA/DC, EPA 

West, Room 3334, 1301 Constitution 

Ave., NW., Washington, DC. The Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the EPA Docket Center is 

(202) 566–1742. 

FOR FURTHER INFORMATION CONTACT: 

Thomas E. Link, Air Quality Planning 

Division, Office of Air Quality Planning 

and Standards, Mail Code C539–04, 

Environmental Protection Agency, 

Research Triangle Park, North Carolina 

27711; telephone number: 919–541– 

5456; fax number: 919–541–0824; e-mail 

address: link.tom@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Outline 

I. Why Is EPA Using a Direct Final Rule? 

II. Does This Action Apply to Me? 

III. What Should I Consider As I Prepare My 

Comments? 

IV. What Is the Availability of Related 

Information? 

V. What Is the Background for This Action? 

VI. What Is This Direct Final Rule? 

VII. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

B. Paperwork Reduction Act 

C. Regulatory Flexibility Act 

D. Unfunded Mandates Reform Act 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer 

Advancement Act 

J. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

K. Congressional Review Act 

L. Judicial Review 

I. Why Is EPA Using a Direct Final 

Rule? 

This action provides for a revised 

schedule to flag data and submit 

documentation related to exceptional 

events that influence ozone data which 

may affect designations under the 

recently revised ozone NAAQS. This 

action creates no additional regulatory 

requirements. We are publishing this 

direct final rule because we view this as 

a noncontroversial action and anticipate 

no adverse comment. 

In the ‘‘Proposed Rules’’ section of 

this Federal Register, we are publishing 

a separate document that will serve as 

the proposed rule for this action to 

revise the schedule for flagging and 

documenting ozone exceptional events 

data if relevant adverse comments are 

received on this direct final rule. We 

will not institute a second comment 

period on this action. Any parties 

interested in commenting must do so at 

this time. For further information about 

commenting on this rule, see the 

ADDRESSES section of this document. 

If EPA receives an adverse comment, 

we will publish a timely withdrawal in 

the Federal Register informing the 

public that this direct final rule will not 

take effect. We will address all public 

comments in any subsequent final rule 

based on the proposed rule. 

II. Does This Action Apply to Me? 

States are responsible for identifying 

air quality data that they believe warrant 

special consideration, including data 

affected by exceptional events. States 

identify such data by flagging (making a 

notation in a designated field in the 

electronic data record) specific values in 

the Air Quality System (AQS) database. 

States must flag the data and submit a 

justification that the data are affected by 

exceptional events if they wish EPA to 

consider excluding the data in 

determining whether or not an area is 

attaining the revised ozone NAAQS. 

All states that include areas that could 

exceed the ozone NAAQS, and could 

therefore be designated as 

nonattainment for the ozone NAAQS, 

have the potential to be affected by this 

rulemaking. Therefore, this action 

applies to all states; to local air quality 

agencies to which a state has delegated 

relevant responsibilities for air quality 

management including air quality 

monitoring and data analysis; and, to 

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58044 Federal Register / Vol. 73, No. 194 / Monday, October 6, 2008 / Rules and Regulations 

Tribal air quality agencies where 

appropriate. The Exceptional Events 

Rule describes in greater detail to whom 

the Rule applies in 72 FR at 13562– 

13563 (March 22, 2007). 

III. What Should I Consider as I 

Prepare My Comments? 

A. Submitting CBI 

Do not submit this information to EPA 

through http://www.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. 

B. Tips for Preparing Your Comments 

When submitting comments, 

remember to: 

• Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

• 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. 

• Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

• Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

• If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

• Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

• Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

• Make sure to submit your 

comments by the comment period 

deadline identified. 

IV. What Is the Availability of Related 

Information? 

The official record for this 

rulemaking, as well as the public 

version, has been established under 

Docket ID No. EPA–HQ–OAR–2005– 

0159 (including comments and data 

submitted electronically as described 

below). A public version of this record, 

including printed, paper versions of 

electronic comments, which does not 

include any information claimed as CBI, 

is available for inspection from 8:30 

a.m. to 4:30 p.m., Monday through 

Friday, excluding legal holidays. The 

official rulemaking record is located at 

the address provided in ADDRESSES at 

the beginning of this document. 

V. What Is the Background for This 

Action? 

The Exceptional Events Rule 

(Treatment of Data Influenced by 

Exceptional Events (72 FR 13560, March 

22, 2007)) sets a general schedule for 

states to flag monitored data affected by 

exceptional events in AQS and for them 

to submit documentation to demonstrate 

that the flagged data were impacted by 

an exceptional event. Under this general 

schedule, a state must initially notify 

EPA that data have been affected by an 

exceptional event by July 1 of the year 

after the data are collected; this is 

accomplished by flagging the data in 

AQS. The state must also include an 

initial description of the event when 

flagging the data. In addition, the state 

is required to submit a full 

demonstration to justify exclusion of 

such data within three years after the 

quarter in which the data were 

collected, or if a regulatory decision 

based on the data (such as a designation 

action) is anticipated, the demonstration 

must be submitted to EPA no later than 

one year before the regulatory decision 

is to be made. 

However, the rule also authorizes EPA 

to revise data flagging and 

documentation schedules for the initial 

designation of areas under a new or 

revised NAAQS. This general schedule, 

while appropriate for the period after 

initial designations have been made 

under a NAAQS, may need adjustment 

when a new or revised NAAQS is 

promulgated because until the level and 

form of the NAAQS have been 

promulgated a state would not have 

complete knowledge of the criteria for 

excluding data. In these cases the 

general schedule may preclude states 

from submitting timely flags and 

associated documentation for otherwise 

approvable exceptional events. This 

could, if not modified, result in some 

areas receiving a nonattainment 

designation when the NAAQS 

violations were legitimately due to 

exceptional events. 

For example, EPA finalized new 

standards for ozone of 0.075 pounds per 

billion (ppb) on March 12, 2008, with an 

effective date of May 27, 2008. In 

accordance with Clean Air Act Section 

107(b), state Governors must provide 

their recommendations to EPA by 

March 12, 2009, on designating areas as 

attainment, nonattainment, or 

unclassifiable with the new standards. 

States will base their recommendations 

on the three most recent years of 

quality-assured ozone data, which could 

be data collected between calendar 

years 2006–2008, or 2005–2007. EPA 

must complete final area designations 

for these new standards by March 12, 

2010. EPA will base its designations 

decisions on the three most recent years 

of quality-assured air quality data for 

each area, which would be ozone data 

collected during calendar years 2007– 

2009 where states have submitted 

quality-assured data for calendar year 

2009. However, in some cases the most 

recent complete data may cover 2006– 

2008 or 2005–2007. In this example, the 

general exceptional event flagging 

schedule for 2005 and 2006 data has 

already passed and the flagging deadline 

for exceptional events that occurred in 

2007 would be July 1, 2008— 

approximately 33 days after the effective 

date of the revised NAAQS. In addition, 

the general schedule would require 

states to submit demonstrations for 2009 

data influenced by exceptional events 

no later than March 12, 2009, one year 

before the final designation decisions. 

This is clearly not possible for air 

quality data collected from March 13, 

2009 to December 31, 2009. 

EPA is, therefore, using the authority 

provided in the Exceptional Events Rule 

at 40 CFR 50.14(c)(2)(v), to modify the 

schedule for data flagging and 

submission of demonstration for 

exceptional events data considered for 

initial designations under the 2008 

revised ozone NAAQS. 

VI. What Is This Direct Final Rule? 

This direct final rule amends the 

Exceptional Events Rule by providing a 

revised exceptional event data flagging 

and documentation schedule regarding 

claimed exceptional events affecting 

ozone monitoring data that will be 

compared to the 2008 revised ozone 

NAAQS for the purpose of initial ozone 

designations. In some cases, EPA is 

extending the otherwise applicable 

deadline for states to flag data and 

submit documentation. In other cases, 

EPA is shortening (for this purpose 

only) the otherwise applicable schedule 

to assure that the exceptional events 

claims can be fully considered by EPA 

in the designations decisions. 

For air quality data collected in the 

years 2005 through 2007, this revised 

schedule extends the general schedule 

for flagging data (and providing a brief 

initial description of the event) from 

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Federal Register / Vol. 73, No. 194 / Monday, October 6, 2008 / Rules and Regulations 58045 

July 1 of the year following the year the 

data are collected, to December 31, 

2008. For data collected in 2008, the 

revised schedule extends the general 

schedule for flagging data and providing 

a brief initial description of the event to 

March 12, 2009, to coincide with the 

deadline for state Governors to submit 

designation recommendations to EPA. 

The deadline for submitting to EPA a 

detailed demonstration to justify 

exclusion of data collected in 2005 

through 2008 is also being set to March 

12, 2009. The deadline for submitting to 

EPA flagged data with initial 

descriptions and a detailed 

demonstration to justify exclusion of 

data collected in 2009 is being set to 

January 8, 2010. For data collected in 

2008 and 2009 this would give a state 

less time, but EPA believes still 

sufficient time, to decide what 2008 and 

2009 data to flag, and would allow EPA 

to have access to the flags and 

supporting data in time for EPA to 

develop its own proposed and final 

plans for designations. (If EPA extends 

the designations date beyond March 

2010 due to insufficient information, a 

new event flagging deadline and 

detailed documentation submission 

deadline will be published.) While the 

new deadlines for submission of a 

state’s demonstration for data collected 

in 2009 is less than a year before the 

designation decisions would be made, 

EPA believes it is a reasonable approach 

between giving states a reasonable 

period to prepare the justifications, and 

EPA a reasonable period to consider the 

information submitted by the state. With 

this direct final action EPA amends 

§ 50.14(c)(2)(v) to add a tabular schedule 

of data submittal deadlines, by 

pollutant, for new or revised NAAQS 

standards. (PM2.5 data submittal 

schedules revised in March 2007 and 

presented in this table are for 

informational purposes only. EPA is not 

taking further comment on the PM2.5

data submittal schedule published in 72 

FR 13560, March 22, 2007.) EPA 

anticipates providing amendments to 

the following table to add data 

submission schedules for new or revised 

NAAQS standards in the future. 

TABLE 1—SCHEDULE FOR EXCEPTIONAL EVENT FLAGGING AND DOCUMENTATION SUBMISSION FOR DATA TO BE USED IN

DESIGNATIONS DECISIONS FOR NEW OR REVISED NAAQS 

NAAQS pollutant standard/(level)/promulgation date 

Air quality data 

collected for calendar year 

Event flagging and initial 

description deadline 

Detailed documentation 

submission deadline 

PM2.5/24-Hr Standard (35 μg/m3) Promulgated October 17, 

2006.

2004–2006 October 1, 2007 a ................... April 15, 2008 a. 

Ozone/8-Hr Standard (0.075 ppb) Promulgated March 12, 

2008.

2005–2007 

2008 

December 31, 2008 b .............

March 12, 2009 b ....................

March 12, 2009 b. 

March 12, 2009 b. 

2009 January 8, 2010 b ................... January 8, 2010 b. 

aThese dates are unchanged from those published in the original rulemaking, and are shown in this table for informational purposes. b Indicates change from general schedule in 40 CFR 50.14. 

Note: EPA notes that the table of revised deadlines only applies to data EPA will use to establish the final initial designations for new or revised NAAQS. The general schedule applies for all other purposes, most notably, for data used by EPA for redesignations to attainment. 

VII. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

Under Executive Order (EO) 12866 

(58 FR 51735, October 4, 1993), this 

action is a ‘‘significant regulatory 

action’’ because it is likely to raise novel 

legal or policy issues arising out of legal 

mandates, the President’s priorities, or 

the principles set forth in the Executive 

Order. Accordingly, EPA submitted this 

action to the Office of Management and 

Budget (OMB) for review under EO 

12866 and any changes made in 

response to OMB recommendations 

have been documented in the docket for 

this action. 

B. Paperwork Reduction Act 

This action does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq., where 

burden is defined at 5 CFR 1320.3(b). 

This rule modifies previously 

established deadlines under the 

Exceptional Events Rule and does not 

impose any new obligations or 

enforceable duties on any State, local or 

tribal governments or the private sector. 

Therefore, it does not impose an 

information collection burden. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements under the 

Administrative Procedure Act or any 

other statute unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. Small entities 

include small businesses, small 

organizations, and small governmental 

jurisdictions. 

For purposes of assessing the impacts 

of this rule on small entities, small 

entity is defined as: (1) A small business 

as defined by the Small Business 

Administration’s (SBA) regulations at 13 

CFR 121.201; (2) a small governmental 

jurisdiction that is a government of a 

city, county, town, school district or 

special district with a population of less 

than 50,000; and (3) a small 

organization that is any not-for-profit 

enterprise which is independently 

owned and operated and is not 

dominant in its field. 

After considering the economic 

impacts of this final on small entities, I 

certify that this action will not have a 

significant economic impact on a 

substantial number of small entities. 

This rule modifies previously 

established deadlines under the 

Exceptional Events Rule and does not 

impose any new obligations or 

enforceable duties on any State, local or 

tribal governments or the private sector. 

Thus, it does not impose any 

requirements on small entities. 

D. Unfunded Mandates Reform Act 

This action contains no Federal 

mandates under the provisions of Title 

II of the Unfunded Mandates Reform 

Act of 1995 (URMA), 2 U.S.C. 1531– 

1538 for State, local, or tribal 

governments or the private sector. This 

action imposes no enforceable duty on 

any State, local or tribal governments or 

the private sector. This action modifies 

previously established deadlines under 

the Exceptional Events Rule and does 

not impose any new obligations or 

enforceable duties on any State, local or 

tribal governments or the private sector. 

Therefore, this action is not subject to 

the requirements of sections 202 and 

205 of the UMRA. 

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58046 Federal Register / Vol. 73, No. 194 / Monday, October 6, 2008 / Rules and Regulations 

This action is also not subject to the 

requirements of section 203 of URMA 

because it contains no regulatory 

requirements that might significantly or 

uniquely affect small governments. This 

rule modifies previously established 

deadlines under the Exceptional Events 

Rule and does not impose any new 

obligations or enforceable duties on any 

small governments. 

E. Executive Order 13132: Federalism 

Executive Order 13132, entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999), requires EPA to develop an 

accountable process to ensure 

‘‘meaningful and timely input by state 

and local officials in the development of 

regulatory policies that have federalism 

implications.’’ Policies that have 

federalism implications’’ is defined in 

the Executive Order to include 

regulations that 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. 

This direct final does not have 

federalism implications. It will 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. This rule 

modifies previously established 

deadlines under the Exceptional Events 

Rule and does not impose any new 

obligations or enforceable duties on any 

state, local or tribal governments or the 

private sector. Thus, Executive Order 

13132 does not apply to this rule. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175 (65 FR 67249, November 9, 

2000). This rule modifies previously 

established deadlines under the 

Exceptional Events Rule and does not 

impose any new obligations or 

enforceable duties on tribal 

governments. Thus, Executive Order 

13175 does not apply to this rule. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

This action is not subject to EO 13045 

(62 F.R. 19885, April 23, 1997) because 

the Agency does not believe the 

environmental health risks or safety 

risks addressed by this action present a 

disproportionate risk to children. This 

action is not subject to Executive Order 

13045 because it does not establish an 

environmental standard intended to 

mitigate health or safety risks. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not a ‘‘significant 

energy action’’ as defined in Executive 

Order 13211 (66 FR 28355 (May 22, 

2001)), because it is not likely to have 

a significant adverse effect on the 

supply, distribution, or use of energy. 

Further, we have concluded that this 

rule is not likely to have any adverse 

effects because this action modifies 

previously established deadlines under 

the Exceptional Events Rule. 

I. National Technology Transfer 

Advancement Act 

This action does not involve technical 

standards. Therefore, EPA did not 

consider the use of any voluntary 

consensus standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629 

(Feb. 16, 1994)) establishes Federal 

executive policy on environmental 

justice. Its main provision directs 

Federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA has determined that this direct 

final will not have disproportionately 

high and adverse human health or 

environmental effects on minority or 

low-income populations because it will 

not affect the level of protection 

provided to human health or the 

environment. This rule modifies 

previously established deadlines under 

the Exceptional Events Rule and does 

not impose any new obligations or 

enforceable duties on any state, local or 

tribal governments or the private sector. 

It will neither increase nor decrease 

environmental protection. 

K. Congressional Review Act 

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 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. 804(2). This rule 

will be effective December 22, 2008. 

L. Judicial Review 

Under CAA section 307(b), judicial 

review of this final action is available 

only by filing a petition for review in 

the U.S. Court of Appeals for the District 

of Columbia Circuit on or before 

December 5, 2008. Under CAA section 

307(d)(7)(B), only those objections to the 

final rule that were raised with 

specificity during the period for public 

comment may be raised during judicial 

review. Moreover, under CAA section 

307(b)(2), the requirements established 

by this final rule may not be challenged 

separately in any civil or criminal 

proceedings brought by EPA to enforce 

these requirements. 

List of Subjects in 40 CFR Part 50 

Environmental protection, Air 

pollution control, National parks, 

Wilderness areas. 

Dated: September 30, 2008. 

Stephen L. Johnson, 

Administrator. 

■ For the reasons set forth in the 

preamble, part 50 of chapter I of title 40 

of the Code of Federal Regulations is 

amended as follows: 

PART 50—[AMENDED] 

■ 1. The authority citation for part 50 

continues to read as follows: 

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

■ 2. Section 50.14 is amended by 

revising paragraph (c)(2)(v) to read as 

follows: 

§ 50.14 Treatment of air quality monitoring 

data influenced by exceptional events. 

* * * * * 

(c) * * * 

(2) * * * 

(v) When EPA sets a NAAQS for a 

new pollutant or revises the NAAQS for 

an existing pollutant, it may revise or 

set a new schedule for flagging 

exceptional event data, providing initial 

data descriptions and providing detailed 

data documentation in AQS for the 

initial designations of areas for those 

NAAQS: Table 1 provides the schedule 

for submission of flags with initial 

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Federal Register / Vol. 73, No. 194 / Monday, October 6, 2008 / Rules and Regulations 58047 

descriptions in AQS and detailed 

documentation and the schedule shall 

apply for those data which will or may 

influence the initial designation of areas 

for those NAAQS. EPA anticipates 

revising Table 1 as necessary to 

accommodate revised data submission 

schedules for new or revised NAAQS. 

TABLE 1—SCHEDULE FOR EXCEPTIONAL EVENT FLAGGING AND DOCUMENTATION SUBMISSION FOR DATA TO BE USED IN

DESIGNATIONS DECISIONS FOR NEW OR REVISED NAAQS 

NAAQS pollutant/standard/(level)/promulgation date 

Air quality data 

collected for calendar year 

Event flagging and initial 

description deadline 

Detailed documentation 

submission deadline 

PM2.5/24-Hr Standard (35 μg/m3) Promulgated October 17, 

2006.

2004–2006 October 1, 2007 a ................... April 15, 2008 a. 

Ozone/8-Hr Standard (0.075 ppb) Promulgated March 12, 

2008.

2005–2007 

2008 

December 31, 2008 b .............

March 12, 2009 b ....................

March 12, 2009 b. 

March 12, 2009 b. 

2009 January 8, 2010 b ................... January 8, 2010 b. 

aThese dates are unchanged from those published in the original rulemaking, and are shown in this table for informational purposes. b Indicates change from general schedule in 40 CFR 50.14. 

Note: EPA notes that the table of revised deadlines only applies to data EPA will use to establish the final initial designations for new or revised NAAQS. The general schedule applies for all other purposes, most notably, for data used by EPA for redesignations to attainment. 

* * * * * 

[FR Doc. E8–23520 Filed 10–3–08; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Disease Control and 

Prevention 

42 CFR Part 34 

[Docket No. CDC–2008–0002] 

RIN 0920–AA20 

Medical Examination of Aliens— 

Revisions to Medical Screening 

Process 

AGENCY: Centers for Disease Control and 

Prevention, U.S. Department of Health 

and Human Services. 

ACTION: Interim final rule with comment 

period. 

SUMMARY: The Centers for Disease 

Control and Prevention (CDC), within 

the U.S. Department of Health and 

Human Services (HHS), is amending its 

regulations that govern medical 

examinations that aliens must undergo 

before they may be admitted to the 

United States. HHS/CDC is amending 

the definition of communicable disease 

of public health significance. HHS/CDC 

is also amending the provisions that 

describe the scope of the medical 

examination for aliens by incorporating 

a more flexible, risk-based approach, 

based on medical and epidemiologic 

factors. This approach will assist HHS/ 

CDC in determining which diseases the 

medical screening, testing, and 

treatment of aliens should include in 

areas of the world that are experiencing 

unforeseen outbreaks of those diseases. 

In addition, HHS/CDC is updating the 

screening requirements for tuberculosis 

to be consistent with current medical 

knowledge and practice. 

These changes will reduce the healthsecurity threat to the United States from 

emerging diseases without imposing an 

undue burden on either the aliens or the 

health-care system in U.S. resettlement 

communities. 

DATES: The interim rule is effective on 

October 6, 2008. Interested parties must 

submit written comments on or before 

December 5, 2008. HHS/CDC will 

consider comments received after this 

period only to the extent practicable. 

ADDRESSES: You may submit written 

comments, identified by Docket No. 

CDC–2008–0002, to the following 

address: Division of Global Migration 

and Quarantine, Centers for Disease 

Control and Prevention, U.S. 

Department of Health and Human 

Services, ATTN: Part 34 Comments, 

1600 Clifton Road, NE., E03, Atlanta, 

GA 30333. 

Comments will be available for public 

inspection from Monday through 

Friday, except for legal holidays, from 9 

a.m. until 5 p.m., Eastern Time, at 1600 

Clifton Road, NE., Atlanta, GA 30333. 

Please call ahead to 1–866–694–4867, 

and ask for a representative in the 

Division of Global Migration and 

Quarantine to schedule your visit. 

Comments are also available for 

viewing at the following Internet 

addresses: http://www.cdc.gov/ncidod/ 

dq and http://www.globalhealth.gov. 

You may submit written comments 

electronically via the Internet at the 

following address: http:// 

www.regulations.gov, or via e-mail to 

Part34publiccomments@cdc.gov. 

To download an electronic version of 

the rule, please go to the following 

Internet address: http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION, CONTACT: 

Stacy M. Howard, Division of Global 

Migration and Quarantine, Centers for 

Disease Control and Prevention, U.S. 

Department of Health and Human 

Services, 1600 Clifton Road, NE., E03, 

Atlanta, GA 30333; telephone 404–498– 

1600. 

SUPPLEMENTARY INFORMATION: The 

Preamble to this interim rule is 

organized as follows: 

I. Legal Authority 

II. Background 

III. Summary of Changes to 42 CFR Part 34 

IV. Revised Definition of Communicable 

Disease of Public Health Significance 

V. Revised Scope of Medical Examination 

VI. Updating Tuberculosis Screening 

Requirements 

VII. Urgent Need for Regulatory Change 

VIII. Analysis of Impacts 

IX. Paperwork Reduction Act of 1995 

X. References 

I. Legal Authority 

HHS/CDC is promulgating this rule 

under the authority of 42 U.S.C. 252 and 

8 U.S.C. 1182 and 1222. 

II. Background 

Under section 212(a)(1) of the 

Immigration and Nationality Act (INA) 

(8 U.S.C. 1182(a)(1)), any alien 

determined to have a specified healthrelated condition is inadmissible to the 

United States. Those aliens outside the 

United States with a specified healthrelated condition (see below) are 

ineligible to receive a visa and ineligible 

to be admitted into the United States. 

The grounds of inadmissibility for 

specified health-related conditions also 

pertain to aliens in the United States 

who are applying for adjustment of 

immigration status to that of a lawful 

permanent resident. 

Aliens are currently inadmissible into 

the United States if they have a 

communicable disease of public health 

significance, defined as follows: Active 

tuberculosis, infectious syphilis, 

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