61740 Federal Register / Vol. 73, No. 202 / Friday, October 17, 2008 / Rules and Regulations 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order (EO) 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 final 

rule will not have disproportionately 

high and adverse human health or 

environmental effects on minority or 

low-income populations because it does 

not affect the level of protection 

provided to human health or the 

environment. This direct final rule 

merely extends the current regulatory 

schedule for submitting applications 

under CROMERR for authorized 

programs with existing electronic 

document receiving systems. 

K. Congressional Review Act 

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). This 

rule will become effective on December 

1, 2008. 

List of Subjects in 40 CFR Part 3 

Environmental protection, Conflict of 

interests, Electronic records, Electronic 

reporting requirements, Electronic 

reports, Intergovernmental relations. 

Dated: October 10, 2008. 

Stephen L. Johnson, 

Administrator. 

■ Therefore, title 40, chapter I of the 

Code of Federal Regulations is amended 

as follows: 

PART 3—ELECTRONIC REPORTING 

■ 1. The authority citation for part 3 

continues to read as follows: 

Authority: 7 U.S.C. 136 to 136y; 15 U.S.C. 

2601 to 2692; 33 U.S.C. 1251 to 1387; 33 

U.S.C. 1401 to 1445; 33 U.S.C. 2701 to 2761; 

42 U.S.C. 300f to 300j–26; 42 U.S.C. 4852d; 

42 U.S.C. 6901–6992k; 42 U.S.C. 7401 to 

7671q; 42 U.S.C. 9601 to 9675; 42 U.S.C. 

11001 to 11050; 15 U.S.C. 7001; 44 U.S.C. 

3504 to 3506. 

Subpart D—Electronic Reporting 

Under EPA-Authorized State, Tribe, 

and Local Programs 

■ 2. Section 3.1000 is amended by 

revising paragraph (a)(3) to read as 

follows: 

§ 3.1000 How does a state, tribe, or local 

government revise or modify its authorized 

program to allow electronic reporting? 

(a) * * * 

(3) Programs already receiving 

electronic documents under an 

authorized program: A state, tribe, or 

local government with an existing 

electronic document receiving system 

for an authorized program must submit 

an application to revise or modify such 

authorized program in compliance with 

paragraph (a)(1) of this section no later 

than January 13, 2010. On a case-by-case 

basis, this deadline may be extended by 

the Administrator, upon request of the 

state, tribe, or local government, where 

the Administrator determines that the 

state, tribe, or local government needs 

additional time to make legislative or 

regulatory changes in order to meet the 

requirements of this part. 

* * * * * 

[FR Doc. E8–24824 Filed 10–16–08; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 49 

[EPA–R10–OAR–2008–0498; FRL–8729–3] 

Announcement of the Delegation of 

Partial Administrative Authority for 

Implementation of Federal 

Implementation Plan for the Coeur 

d’Alene Reservation to the Coeur 

d’Alene Tribe 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; technical 

amendment. 

SUMMARY: This action announces that on 

August 26, 2008, EPA Region 10, and 

the Coeur d’Alene Tribe, entered into a 

Partial Delegation of Administrative 

Authority to carry out certain day-to-day 

activities associated with 

implementation of the Federal 

Implementation Plan for the Coeur 

d’Alene Reservation (Coeur d’Alene 

FIP). A note of this partial delegation is 

being added to the Coeur d’Alene FIP. 

DATES: This rule is effective October 17, 

2008. The partial delegation of 

administrative authority was effective 

August 26, 2008. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R10–OAR–2008–0130. The 

delegation agreement and other docket 

materials are available electronically at 

EPA’s electronic public docket and 

comment system, found at http:// 

www.regulations.gov or in hard copy 

from Steve Body, Office of Air Waste 

and Toxics, AWT–107, EPA Region 10, 

Suite 900, 1200 Sixth Avenue, Seattle, 

WA 98101, or via e-mail at 

body.steve@epa.gov. Additional 

information may also be obtained from 

the Coeur d’Alene Tribe by contacting 

Les Higgins, Coeur d’Alene Tribe, P.O. 

Box 408, Plummer, Idaho, 83851–9703 

or via e-mail at lhiggins@cdatribensn.gov. 

All documents in the electronic 

docket are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

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

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy 

during normal business hours at the 

Office of Air, Waste and Toxics, EPA 

Region 10, 1200 Sixth Avenue, Seattle, 

Washington 98101. 

FOR FURTHER INFORMATION CONTACT: 

Steve Body at telephone number (206) 

553–0782, e-mail address: 

body.steve@epa.gov, or the EPA Region 

10 address. 

SUPPLEMENTARY INFORMATION: The 

purpose of this action is to announce 

that on August 26, 2008, EPA Region 10, 

delegated partial administrative 

authority for implementation of certain 

provisions of the Coeur d’Alene FIP to 

the Coeur d’Alene Tribe. See 40 CFR 

part 49, subpart M, §§ 9921 through 

9930, as authorized by 40 CFR 49.122 of 

the Federal Air Rules for Reservations 

(FARR), 40 CFR part 49, subpart C. 

I. Authority To Delegate 

Federal regulation 40 CFR 49.122 

provides EPA authority to delegate to 


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Federal Register / Vol. 73, No. 202 / Friday, October 17, 2008 / Rules and Regulations 61741 

Indian Tribes partial administrative 

authority to implement provisions of the 

Federal Air Rules for Reservations 

(FARR), 40 CFR part 49, subpart C. 

Tribes must submit a request to the 

Regional Administrator that meets the 

requirements of 40 CFR 49.122. 

II. Request for Delegation 

On October 4, 2007, Chief J. Allen, 

Chairman of the Coeur d’Alene Tribal 

Council submitted to the Regional 

Administrator a request for delegation of 

certain provision of the Coeur d’Alene 

FIP. That request included all the 

information and demonstrations 

required by the FARR for delegation. A 

copy of all documentation is on file at 

EPA Region 10, Seattle, Washington (see 

ADDRESSES above). 

The Coeur d’Alene Tribe requested 

delegation for the following provisions; 

40 CFR 49.9930 (b) Rule for limiting 

visible emissions, 40 CFR 49.9930 (g) 

General rule for open burning, and 40 

CFR 49.9930 (i) Rule for air pollution 

episodes. 

III. EPA Response to the Request for 

Delegation 

EPA and the Coeur d’Alene Tribe 

signed the Delegation Agreement that 

specifies the provisions and authorities 

delegated. The Coeur d’Alene Tribe is 

delegated the following provisions: 40 

CFR 49.9930 (b) Rule for limiting visible 

emissions, 40 CFR 49.9930 (g) General 

rule for open burning, and 40 CFR 

49.9930 (i) Rule for air pollution 

episodes. In addition, the agreement 

delegates to the Tribe authority to 

investigate complaints and assist EPA in 

inspections. The Agreement also 

includes terms and conditions 

applicable to the delegation. A copy of 

the Agreement is kept at EPA Region 10 

at the address above. 

EPA solicited by letter, advice and 

insight from the State of Idaho, the State 

of Washington, Kootenai County, 

Benewah County, cities of St. Maries 

and Worley, and St. Joe National Forest 

on the Coeur d’Alene Tribe’s request for 

delegation. In general the comments 

received supported delegation. Adverse 

comments were received from Kootenai 

and Benewah Counties. A response to 

those comments was prepared and is 

included in the docket for this action. 

Section 553 of the Administrative 

Procedure Act, 5 U.S.C. 553 (b)(B), 

provides that, when an agency for good 

cause finds that notice and public 

procedure are impracticable, 

unnecessary or contrary to the public 

interest, the agency may issue a rule 

without providing notice and an 

opportunity for public comment. EPA 

has determined that there is good cause 

for making today’s rule final without 

prior proposal and opportunity for 

comment because EPA is merely 

informing the public of partial 

delegation of administrative authority to 

the Coeur d’Alene Tribe and making a 

technical amendment to the Code of 

Federal Regulations (CFR) by adding a 

note announcing the partial delegation. 

Thus, notice and public procedure are 

unnecessary. EPA finds that this 

constitutes good cause under 5 U.S.C. 

553(b)(B). 

Moreover, since today’s action does 

not create any new regulatory 

requirements, EPA finds that good cause 

exists to provide for an immediate 

effective date pursuant to 5 U.S.C. 

553(d)(3). 

IV. Statutory and Executive Order 

Reviews 

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 

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 makes a 

technical amendment and gives notice 

of a partial delegation of administrative 

authority. 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.). This rule 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 13175, entitled 

‘‘Consultation and Coordination with 

Indian Tribal Governments’’ (65 FR 

67249, November 6, 2000), requires EPA 

to develop an accountable process to 

ensure ‘‘meaningful and timely input by 

tribal officials in the development of 

regulatory policies that have tribal 

implications.’’ ‘‘Policies that have tribal 

implications’’ is defined in the 

Executive Order to include regulations 

that have ‘‘substantial direct effects on 

one or more Indian tribes, on the 

relationship between the Federal 

government and the Indian tribes, or on 

the distribution of power and 

responsibilities between the Federal 

government and Indian tribes.’’ Under 

section 5(b) of Executive Order 13175, 

EPA may not issue a regulation that has 

tribal implications, that imposes 

substantial direct compliance costs, and 

that is not required by statute, unless 

the Federal government provides the 

funds necessary to pay the direct 

compliance costs incurred by tribal 

governments, or EPA consults with 

tribal officials early in the process of 

developing the proposed regulation. 

Under section 5(c) of Executive Order 

13175, EPA may not issue a regulation 

that has tribal implications and that 

preempts tribal law, unless the Agency 

consults with tribal officials early in the 

process of developing the regulation. 

EPA has concluded that this rule may 

have tribal implications. EPA’s action 

fulfills a requirement to publish a notice 

announcing partial delegation of 

administrative authority to the Coeur 

d’Alene Tribe and noting the partial 

delegation in the CFR. However, it will 

neither impose substantial direct 

compliance costs on tribal governments, 

nor preempt tribal law. Thus, the 

requirements of sections 5(b) and 5(c) of 

the Executive Order do not apply to this 

rule. 

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 technical 

amendment merely notes that partial 

delegation of administrative authority to 

the Coeur d’Alene Tribe is in effect. 

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 is not economically 

significant. 

This action does not involve technical 

standards; 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. 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 


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61742 Federal Register / Vol. 73, No. 202 / Friday, October 17, 2008 / Rules and Regulations 

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 December 16, 

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 49 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Indians, 

Intergovernmental relations, Reporting 

and recordkeeping requirements. 

Dated: September 22, 2008. 

Michelle Pirzadeh, 

Acting Regional Administrator, Region 10. 

■ Chapter I, title 40 of the Code of 

Federal Regulations is amended as 

follows: 

PART 49—[AMENDED] 

■ 1. The authority citation for part 49 

continues to read as follows: 

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

Subpart M—[Amended] 

■ 2. Section 49.9930 is amended by 

adding a note to the end of the section 

to read as follows: 

§ 49.9930 Federally-promulgated 

regulations and Federal implementation 

plans. 

* * * * * 

Note to § 49.9930: EPA entered into a 

Partial Delegation of Administrative 

Authority with the Coeur d’Alene Tribe on 

August 26, 2008 for the rules listed in 

paragraphs (b), (g), and (i) of this section. 

[FR Doc. E8–24428 Filed 10–16–08; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 76 

[CS Docket No. 98–120; FCC 08–193] 

Carriage of Digital Television 

Broadcast Signals: Amendment to Part 

76 of the Commission’s Rules 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: The Commission addresses 

the obligations of small cable systems, 

and grants them an exemption from the 

material degradation requirement to 

carry high definition broadcast signals 

under the Commission’s rules. The 

Commission holds that cable systems 

that either have 2,500 or fewer 

subscribers and are not affiliated with a 

large cable operator, or have an 

activated channel capacity of 552 MHz 

or less, are exempt from the requirement 

to carry high definition versions of 

broadcast signals. This exemption will 

sunset three years after the conclusion 

of the digital television (DTV) 

Transition. The Commission notes that 

the signals of all must-carry stations 

must continue to be made viewable to 

all subscribers pursuant to the 

Commission’s rules. 

DATES: Effective November 17, 2008. 

FOR FURTHER INFORMATION CONTACT: For 

additional information on this 

proceeding, please contact Lyle Elder, 

Lyle.Elder@fcc.gov of the Policy 

Division, Media Bureau, (202) 418– 

2120, or Eloise Gore, 

Eloise.Gore@fcc.gov, of the Media 

Bureau, (202) 418–7200. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Federal 

Communications Commission’s Fourth 

Report and Order in CS Docket No. 98– 

120, FCC 08–193, adopted August 20, 

2008, and released September 4, 2008. 

The full text of this document is 

available for public inspection and 

copying during regular business hours 

in the FCC Reference Center, Federal 

Communications Commission, 445 12th 

Street, SW., CY–A257, Washington, DC 

20554. These documents will also be 

available via ECFS (http://www.fcc.gov/ 

cgb/ecfs/). (Documents will be available 

electronically in ASCII, Word 97, and/ 

or Adobe Acrobat.) The complete text 

may be purchased from the 

Commission’s copy contractor, 445 12th 

Street, SW., Room CY–B402, 

Washington, DC 20554. To request this 

document in accessible formats 

(computer diskettes, large print, audio 

recording, and Braille), send an e-mail 

to fcc504@fcc.gov or call the 

Commission’s Consumer and 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). 

Summary of the Final Rule 

I. Introduction 

1. In the Third Report and Order, 73 

FR 6043, February 1, 2008, and Third 

Further Notice of Proposed Rulemaking, 

73 FR 6099, February 1, 2008, we 

established rules governing the 

viewability of broadcast signals, 

retained and reaffirmed the standard 

governing material degradation of 

broadcast signals, and sought comment 

on the effect of these rules on small 

cable systems, and other issues. In this 

Fourth Report and Order, we address 

the obligations of small cable systems, 

and grant them an exemption from the 

material degradation requirement to 

carry high definition (HD) broadcast 

signals under the Commission’s rules, as 

discussed below. 

2. We hold that cable systems that 

either have 2,500 or fewer subscribers 

and are not affiliated with a large cable 

operator, or have an activated channel 

capacity of 552 MHz or less, are exempt 

from the requirement to carry high 

definition versions of broadcast signals 

for three years following the digital 

television (DTV) Transition. We 

emphasize, however, that no exemption 

from the viewability requirements is 

necessary; nor, indeed, would it be 

appropriate. The mandatory carriage 

rules serve their purpose only when 

must-carry stations are viewable by all 

cable subscribers. We therefore remind 

cable operators that the signals of all 

must-carry stations must be made 

viewable to all subscribers pursuant to 

the Commission’s rules, and 

acknowledge the continued pledges of 

cable industry commenters, including 

the operators of small systems, to ensure 

viewability. 

II. Discussion 

3. The Communications Act of 1934, 

as amended (the ‘‘Act’’), at section 

614(b)(4)(A), requires that cable 

operators carry broadcast signals 

‘‘without material degradation,’’ and, in 

particular, instructs the Commission to 

‘‘adopt carriage standards to ensure that, 

to the extent technically feasible, the 

quality of signal processing and carriage 

provided by a cable system for the 

carriage of local commercial television 

stations will be no less than that 

provided by the system for carriage of 

any other type of signal.’’ In 2001, the 

First Report and Order, 66 FR 16533, 

March 26, 2001, in this docket 


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