18 Federal Register / Vol. 67, No. 1 / Wednesday, January 2, 2002 / Rules and Regulations 

43°51′21.8′′ N, longitude 76°11′58.2′′ W, 

thence to latitude 43°51′21.7′′ N, 

longitude 76°12′05.5′′ W, thence to 

latitude 43°51′33.4′′ N, longitude 

76°12′06.2′′ W, thence to latitude 

43°51′33.6′′ N, longitude 76°12′00.8′′ W, 

thence to the point of the beginning. All 

nautical positions are based on North 

American Datum 1983 (NAD 83). 

2. Revert Anchorage Area A Back to 

Previous Smaller Size 

(a) Area A. The area in the southern 

portion of Henderson Harbor west of the 

Henderson Harbor Yacht club bounded 

by a line beginning at 43°51′08.8′ N, 

76°12′08.9′′ W, thence to 43°51′09.0′′ N, 

76°12′19.0′′ W, thence to 43°51′23.8′′ N, 

76°12′19.0 W, thence to 43°51′23.8′′ N, 

76°12′09.6′′ W, and then back to the 

beginning. These coordinates are based 

upon North American Datum 1983 

(NAD 83). 

(b) Area B. The area in the southern 

portion of Henderson Harbor north of 

Graham Creek Entrance Light bounded 

by a line beginning at latitude 

43°51′21.8′′ N, longitude 76°11′58.2′′ W, 

thence to latitude 43°51′21.7′′ N, 

longitude 76°12′05.5′′ W, thence to 

latitude 43°51′33.4′′ N, longitude 

76°12′06.2′′ W, thence to latitude 

43°51′33.6′′ N, longitude 76°12′00.8′′ W, 

thence to the point of the beginning. All 

nautical positions are based on North 

American Datum 1983 (NAD 83).

Dated: December 17, 2001. 

James D. Hull, 

Rear Admiral, U.S. Coast Guard, Commander, 

Ninth Coast Guard District.

[FR Doc. 01–32042 Filed 12–31–01; 8:45 am] 

BILLING CODE 4910–15–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[CA 252–0312c; FRL–7118–3] 

Interim Final Determination That State 

Has Corrected the Deficiency

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Interim final determination.

SUMMARY: Elsewhere in today’s Federal 

Register, EPA has published a direct 

final rulemaking fully approving 

revisions to the California State 

Implementation Plan. The revisions 

concern Mojave Desert Air Quality 

Management rule 1161. EPA has also 

published a proposed rulemaking to 

provide the public with an opportunity 

to comment on EPA’s action. If a person 

submits adverse comments on EPA’s 

direct final action, EPA will withdraw 

its direct final rule and will consider 

any comments received before taking 

final action on the State’s submittal. 

Based on the proposal, EPA is making 

an interim final determination by this 

action that the State has corrected the 

deficiency for which a sanctions clock 

began on May 11, 2000. This action will 

defer the imposition of the offset and 

highway sanctions. Although this action 

is effective upon publication, EPA will 

take comment. If no comments are 

received on EPA’s approval of the 

State’s submittal, the direct final action 

published in today’s Federal Register

will also finalize EPA’s determination 

that the State has corrected the 

deficiency that started the sanctions 

clock. If comments are received on 

EPA’s approval and this interim final 

action, EPA will publish a final notice 

taking into consideration any comments 

received.

DATES: This action becomes effective 

January 2, 2002. Comments must be 

received by February 1, 2002.

ADDRESSES: Written comments must be 

submitted to Andrew Steckel, 

Rulemaking Section (AIR–4), Air 

Division, U.S. Environmental Protection 

Agency, Region IX, 75 Hawthorne 

Street, San Francisco, CA 94105. 

Copies of the rule revisions and EPA’s 

evaluation report are available for 

public inspection at EPA’s Region IX 

office during normal business hours. 

Copies of the submitted rule revisions 

are available for inspection at the 

following locations:

U.S. Environmental Protection Agency, 

Region IX, Rulemaking Office (AIR–

4), Air Division, 75 Hawthorne Street, 

San Francisco, CA 94105 

California Air Resources Board, 

Stationary Source Division, Rule 

Evaluation Section, 2020 ‘‘L’’ Street, 

Sacramento, CA 95812. 

Mohave Desert Air Quality Management 

District, 14306 Park Avenue, 

Victorville, CA 92392

FOR FURTHER INFORMATION CONTACT:

Charnjit Bhullar, Rulemaking Office, 

AIR–4, Air Division, U.S. 

Environmental Protection Agency, 

Region IX, 75 Hawthorne Street, San 

Francisco, CA 94105, Telephone: (415) 

972–3960

SUPPLEMENTARY INFORMATION: 

I. Background 

On June 29, 1995, the State submitted 

MDAQMD Rule 1161, for which EPA 

published a limited disapproval in the 

Federal Register on May 11, 2000. 65 

FR 11674. EPA’s disapproval action 

started an 18-month clock for the 

imposition of one sanction (followed by 

a second sanction 6 months later) and 

a 24-month clock for promulgation of a 

Federal Implementation Plan (FIP). The 

State subsequently submitted a revised 

version of this rule on November 8, 

2001. EPA is taking direct final action 

on this submittal pursuant to its 

modified direct final policy set forth at 

59 FR 24054 (May 10, 1994). In the 

Rules section of today’s Federal 

Register, EPA has issued a direct final 

full approval of the State of California’s 

submittal of MDAQMD Rule 1161. In 

addition, in the Proposed Rules section 

of today’s Federal Register, EPA has 

proposed full approval of the State’s 

submittal. 

Based on the proposal set forth in 

today’s Federal Register, EPA believes 

that it is more likely than not that the 

State has corrected the original 

disapproval deficiencies. Therefore, 

EPA is taking this final rulemaking 

action, effective on publication, finding 

that the State has corrected the 

deficiencies. However, EPA is also 

providing the public with an 

opportunity to comment on this final 

action. If, based on any comments on 

this action and any comments on EPA’s 

proposed full approval of the State’s 

submittal, EPA determines that the 

State’s submittal is not fully approvable 

and this final action was inappropriate, 

EPA will either propose or take final 

action finding that the State has not 

corrected the original disapproval 

deficiencies. As appropriate, EPA will 

also issue an interim final determination 

or a final determination that the 

deficiencies have been corrected. 

This action does not stop the 

sanctions clock that started for this area 

on May 11, 2000. However, this action 

will defer the imposition of the offset 

and highway sanctions. If EPA’s direct 

final action fully approving the State’s 

submittal becomes effective, such action 

will permanently stop the sanctions 

clock and will permanently lift any 

imposed, stayed or deferred sanctions. If 

EPA must withdraw the direct final 

action based on adverse comments and 

EPA subsequently determines that the 

State, in fact, did not correct the 

disapproval deficiencies, EPA will also 

determine that the State did not correct 

the deficiency and the sanctions 

consequences described in the sanctions 

rule will apply. 

II. EPA Action 

EPA is taking interim final action 

finding that the State has corrected the 

disapproval deficiency that started the 

sanctions clock. Based on this action, 

imposition of the offset and highway 

sanctions will be deferred until EPA’s 

direct final action fully approving the 

Federal Register / Vol. 67, No. 1 / Wednesday, January 2, 2002 / Rules and Regulations 19

State’s submittal becomes effective or 

until EPA takes action proposing or 

finally disapproving in whole or part 

the State submittal. If EPA’s direct final 

action fully approving the State 

submittal becomes effective, at that time 

any sanctions clocks will be 

permanently stopped and any imposed 

sanctions will be permanently lifted. 

Because EPA has preliminarily 

determined that the State has an 

approvable plan, relief from sanctions 

should be provided as quickly as 

possible. Therefore, EPA is invoking the 

good cause exception to the 30-day 

notice requirement of the 

Administrative Procedure Act because 

the purpose of this notice is to relieve 

a restriction. See 5 U.S.C. 553(d)(1). 

III. Administrative Requirements 

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 32111, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). This action merely approves 

state law as meeting federal 

requirements and imposes no additional 

requirements beyond those imposed by 

state law. Accordingly, the 

Administrator certifies that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities under the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.). Because this 

rule approves pre-existing requirements 

under state law and does not impose 

any additional enforceable duty beyond 

that required by state law, it does not 

contain any unfunded mandate or 

significantly or uniquely affect small 

governments, as described in the 

Unfunded Mandates Reform Act of 1995 

(Public Law 104–4). 

This rule also does not have tribal 

implications because it will not have a 

substantial direct effect on one or more 

Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). This 

action also does not have Federalism 

implications because it does not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This action merely 

approves a state rule implementing a 

Federal standard, and does not alter the 

relationship or the distribution of power 

and responsibilities established in the 

Clean Air Act. This rule also is not 

subject to Executive Order 13045, 

‘‘Protection of Children from 

Environmental Health Risks and Safety 

Risks’’ (62 FR 19885, April 23, 1997), 

because it is not economically 

significant. 

In reviewing SIP submissions, EPA’s 

role is to approve state choices, 

provided that they meet the criteria of 

the Clean Air Act. In this context, in the 

absence of a prior existing requirement 

for the State to use voluntary consensus 

standards (VCS), EPA has no authority 

to disapprove a SIP submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a SIP submission, 

to use VCS in place of a SIP submission 

that otherwise satisfies the provisions of 

the Clean Air Act. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. This rule does 

not impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). 

The Congressional Review Act, 5 

U.S.C. 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). 

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 March 4, 2002. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this rule for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).)

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental 

regulations, Nitrogen dioxide, Ozone, 

Reporting and recordkeeping 

requirements.

Dated: November 29, 2001. 

Laura Yoshii, 

Deputy Regional Administrator, Region IX.

[FR Doc. 01–32098 Filed 12–31–01; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[CA 252–312a; FRL–7118–1] 

Revisions to the California State 

Implementation Plan, Mojave Desert 

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 

Mojave Desert Air Quality Management 

District (MDAQMD) portion of the 

California State Implementation Plan 

(SIP). These revisions concern Oxides of 

Nitrogen (NOX) emissions from cement 

kilns. We are approving a local rule that 

regulates these emission sources under 

the Clean Air Act as amended in 1990 

(CAA or the Act).

DATES: This rule is effective on March 4, 

2002 without further notice, unless EPA 

receives adverse comments by February 

1, 2002. If we receive such comment, we 

will publish a timely withdrawal in the 

Federal Register to notify the public 

that this rule will not take effect.

ADDRESSES: Mail comments to Andy 

Steckel, Rulemaking Office Chief (AIR–

4), U.S. Environmental Protection 

Agency, Region IX, 75 Hawthorne 

Street, San Francisco, CA 94105–3901. 

You can inspect copies of the 

submitted SIP revisions and EPA’s 

technical support document (TSD) at 

our Region IX office during normal 

business hours. You may also see copies 

of the submitted SIP revisions at the 

following locations:

U.S. Environmental Protection Agency, 

Region IX, Rulemaking Office (AIR–

4), Air Division, 75 Hawthorne Street, 

San Francisco, CA 94105. 

California Air Resources Board, 

Stationary Source Division, Rule