49084 Federal Register / Vol. 64, No. 175 / Friday, September 10, 1999 / Rules and Regulations

PART 200ÐRULES OF PRACTICE IN (j) Section 200.48, introductory text; Signed: July 29, 1999. PERMIT PROCEEDINGS (k) Section 200.49; John W. Magaw, (l) Section 200.49a, introductory text; Director. Paragraph 1. The authority citation (m) Section 200.49b, introductory text for part 200 continues to read as Approved: August 17, 1999. and paragraph (b); John P. Simpson, follows: (n) Section 200.55(a), introductory Authority: 26 U.S.C. 7805, 27 U.S.C. 204. Deputy Assistant Secretary (Regulatory, Tariff text; and Trade Enforcement). (o) Section 200.57; PART 200Ð[AMENDED] [FR Doc. 99–23387 Filed 9–9–99; 8:45 am] (p) Section 200.59; BILLING CODE 4810±31±P Par. 2. Section 200.5 is amended as (q) Section 200.60, paragraphs (a), (b), follows: and (c); (r) Section 200.61; (a) By revising in alphabetical order, ENVIRONMENTAL PROTECTION (s) Section 200.62; the terms, Attorney for the Government, AGENCY Director of Industry Operations and (t) Section 200.64; Initial Decision. (u) Section 200.65; 40 CFR Part 52 (b) By removing the term ‘‘District (v) Section 200.70; director’’ and by adding in alphabetical (w) Section 200.71; [FRL±6434±4] order, the term ‘‘Director of Industry (x) Section 200.72; Finding of Failure To Submit a Operations’’. (y) Section 200.73; Required State Implementation Plan The additional revision reads as (z) Section 200.75; for Carbon Monoxide; NevadaÐLas follows: (aa) Section 200.78; Vegas Valley (bb) Section 200.79, paragraph (b); § 200.5 Meaning of terms. (cc) Section 200.80; AGENCY: Environmental Protection * * * * * (dd) Section 200.85, introductory text; Agency (EPA). Attorney for the Government. The (ee) Section 200.105; ACTION: Final rule. attorney in the appropriate office of (ff) Section 200.106, paragraph (a); Chief Counsel authorized to represent (gg) Section 200.107; SUMMARY: EPA is taking final action in the Director of Industry Operations in (hh) Section 200.109; making a finding, under the Clean Air the proceeding. (ii) Section 200.110; Act (CAA or Act), that Nevada failed to * * * * * (jj) Section 200.115; make a carbon monoxide (CO) Director of Industry Operations. The (kk) Section 200.116; nonattainment area state principal ATF official in a field (ll) Section 200.117; implementation plan (SIP) submittal operations division responsible for (mm) Section 200.126; required for the Las Vegas Valley under administering the regulations in this (nn) Section 200.129. the Act. Under certain provisions of the part. Act, states are required to submit SIPs § 200.95 [Amended] * * * * * providing for, among other things, Initial decision. The decision of the Par. 5. In § 200.95 remove the words reasonable further progress and Director of Industry Operations or ‘‘district directors’’ each place they attainment of the CO national ambient administrative law judge in a appear and add, in place thereof, the air quality standards (NAAQS) in areas proceeding on the suspension, words ‘‘directors of industry classified as serious. The deadline for revocation or annulment of a permit. operations’’. submittal of this plan for the Las Vegas * * * * * Valley was May 3, 1999. §§ 200.107 and 200.108 [Amended] This action triggers the 18-month time § 200.25 [Amended] Par. 6. Sections 200.107a(a)(3) and clock for mandatory application of Par. 3. Section 200.25 is amended by 200.108 are amended by removing the sanctions and 2-year time clock for a removing the words ‘‘Regional Director words ‘‘district director’s’’ each place federal implementation plan (FIP) under (compliance)’’ and by adding the words they appear and adding the words the Act. This action is consistent with ‘‘Director of Industry Operations (DIO)’’ ‘‘director of industry operations’ ’’. the CAA mechanism for assuring SIP submissions. in place thereof. Section 200.25 is also § 200.27 [Amended] EFFECTIVE DATE: This action is effective amended by removing the words Par. 7. The section heading for as of August 31, 1999. ‘‘district director’’ and by adding the § 200.27 is amended by removing the words ‘‘director of industry operations’’ words ‘‘district director’’ and adding the FOR FURTHER INFORMATION CONTACT: in place thereof. words ‘‘director of industry operations’’ Larry A. Biland, Air Planning Office * * * * * in place thereof. (AIR–2), Air Division, U.S. EPA, Region Par. 4. The following sections of part 9, 75 Hawthorne Street, San Francisco, 200 are amended by removing the words § 200.107 [Amended] California, 94105–3901, Telephone ‘‘district director’’ each place they Par. 8. The undesignated heading that (415) 744–1227. appear and adding, in place thereof, the precedes § 200.107 is amended by SUPPLEMENTARY INFORMATION: words ‘‘director of industry operations’’: removing the words ‘‘District Director’’ I. Background (a) Section 200.27; and adding the words ‘‘Director of (b) Section 200.29; Industry Operations’’ in place thereof. The CAA Amendments of 1990 were (c) Section 200.31; enacted on November 15, 1990. Under (d) Section 200.35; § 200.107a [Amended] section 107(d)(1)(C) of the amended (e) Section 200.36; Par. 9. The section heading for CAA, each CO area designated (f) Section 200.37; § 200.107a is amended by removing the nonattainment prior to enactment of the (g) Section 200.38; words ‘‘District Director’s’’ and adding 1990 Amendments, such as the Las (h) Section 200.45; the words ‘‘Director of Industry Vegas Valley area, was designated (i) Section 200.46; Operations’ ’’ in place thereof. nonattainment by operation of law upon

VerDate 18-JUN-99 15:06 Sep 09, 1999 Jkt 183247 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\10SER1.XXX pfrm01 PsN: 10SER1 Federal Register / Vol. 64, No. 175 / Friday, September 10, 1999 / Rules and Regulations 49085 enactment of the 1990 Amendments. reclassified as serious. The State had 18 eliminate the need for potential Under section 186(a) of the Act, each months or until May 3, 1999 to submit sanctions and FIP. CO area designated nonattainment a new State Implementation Plan (SIP) II. Final Action under section 107(d) was also classified demonstrating attainment of the CO by operation of law as either NAAQS as expeditiously as practicable A. Rule but no later than December 31, 2000, the ‘‘moderate’’ or ‘‘serious’’ depending on Today, EPA is making a finding of the severity of the area’s air quality CAA attainment date for serious areas. failure to submit for the Las Vegas problem. CO areas with design values The Las Vegas Valley continues to Valley CO nonattainment area, due to between 9.1 and 16.4 parts per million exceed the CO standard with 1 failure of the State to submit a SIP (ppm), such as the Las Vegas Valley exceedance in 1997 and two in 1998. revision addressing the serious area CO area, were classified as moderate. These Notwithstanding significant efforts by requirements of the CAA. nonattainment designations and the Clark County Department of classifications were codified in 40 CFR Comprehensive Planning to complete B. Effective Date Under the part 81.1 See 56 FR 56694 (November 6, their CO SIP, the State has failed to meet Administrative Procedures Act the May 3, 1999 deadline for the 1991). EPA has issued this action as a States containing areas that were required SIP submission. EPA is rulemaking because the Agency has classified as moderate nonattainment by therefore compelled to find that the treated this type of action as rulemaking operation of law under section 107(d) State of Nevada has failed to make the in the past. However, EPA believes that were required to submit SIPs designed required SIP submission for the Las to attain the CO NAAQS as Vegas Valley. it would have the authority to issue this expeditiously as practicable but no later The CAA establishes specific action in an informal adjudication, and than December 31, 1995.2 Under section consequences if EPA finds that a State is considering which administrative 186(a)(4), Nevada requested and EPA has failed to meet certain requirements process—rulemaking or informal granted a one year extension of the of the CAA. Of particular relevance here adjudication—is appropriate for future December 31, 1995 attainment deadline is CAA section 179(a)(1), the mandatory actions of this kind. (61 FR 57331, November 6, 1996). sanctions provision. Section 179(a) sets Because EPA is issuing this action as However, in the first quarter of 1996, forth four findings that form the basis a rulemaking, the Administrative Clark County recorded three for application of a sanction. The first Procedures Act (APA) applies. exceedances of the CO standard at the finding, that a State has failed to submit Today’s action will be effective on East Charleston monitoring station. a plan required under the CAA, is the August 31, 1999. Under the APA, 5 Clark County challenged the validity of finding relevant to this rulemaking. U.S.C. 553(d)(3), agency rulemaking the CO data collected at this site. EPA If Nevada has not made the required may take effect before 30 days after the stated it would not disqualify the complete submittal by March 2, 2001, date of publication in the Federal January to March winter 1996 CO pursuant to CAA section 179(a) and 40 Register if an agency has good cause to season monitoring data from the East CFR 52.31, the offset sanction identified mandate an earlier effective date. Charleston station without conclusive in CAA section 179(b) will be applied Today’s action concerns a SIP evidence that it was inaccurate. in the affected area. If the State has still submission that is already overdue and Therefore Region 9 worked with Clark not made a complete submission by the State is aware of applicable County and the State of Nevada to August 31, 2001, then the highway provisions of the CAA relating to properly site and approve a new funding sanction will apply in the overdue SIPs. In addition, today’s action monitoring site at Sunrise Acres, and affected area, in accordance with 40 simply starts a ‘‘clock’’ that will not worked collaboratively with the State CFR 52.31.3 In addition, CAA section result in sanctions for 18 months, and and Clark County to examine whether 110(c) provides that EPA must that the State may ‘‘turn off’’ through East Charleston levels correlated with promulgate a federal implementation the submission of a complete SIP Sunrise Acres (the East Charleston plan (FIP). submittal. These reasons support an replacement site) levels. Data received The sanctions will not take effect if, effective date prior to 30 days after the for the new Sunrise Acres monitor before March 2, 2001, EPA finds that the date of publication. tracked closely with historical data from State has made a complete submittal of C. Notice-and-Comment Under the East Charleston. a plan addressing the serious area CO Administrative Procedures Act On October 2, 1997 EPA made a final requirements for Las Vegas Valley. In finding that the Las Vegas Valley, CO addition, EPA will not promulgate a FIP This notice is a final agency action, nonattainment area did not attain the if the State makes the required SIP but is not subject to the notice-and- CO NAAQS under the CAA after having submittal and EPA takes final action to comment requirements of the APA, 5 received a one year extension from the approve the submittal before August 31, U.S.C. 533(b). EPA believes that because mandated attainment date of December 2001, (section 110(c)(1) of the Act). EPA of the limited time provided to make 31, 1995 for moderate nonattainment encourages the responsible parties in findings of failure to submit regarding areas to December 31, 1996. As a result Clark County to continue working SIP submissions, Congress did not of that finding, which went into effect together on the CO Plan which can intend such findings to be subject to on November 3, 1997, (62 FR 51604 notice-and-comment rulemaking. October 2, 1997) the Las Vegas Valley, 3 In a 1994 rulemaking, EPA established the However, to the extent such findings are Nevada CO nonattainment area was Agency’s selection of the sequence of these two subject to notice-and-comment sanctions: the offset sanction under section rulemaking, EPA invokes the good cause 179(b)(2) shall apply at 18 months, followed 6 1 The CO nonattainment area is the ‘‘Las Vegas months later by the highway sanction under section exception pursuant to the APA, 5 U.S.C. Valley Hydrographic Area 212’’ within Clark 179(b)(1) of the Act. EPA does not choose to deviate 553(d)(3). Notice and comment are County. 40 CFR 81.329. from this presumptive sequence in this instance. unnecessary because no EPA judgment 2 The moderate area SIP requirements are set forth For more details on the timing and implementation is involved in making a nonsubstantive in section 187(a) of the Act and differ depending of the sanctions, see 59 FR 39832 (August 4, 1994), on whether the area’s design value is below or promulgating 40 CFR 52.31, ‘‘Selection of sequence finding of failure to submit SIPs above 12.7 ppm. The Las Vegas Valley area has a of mandatory sanctions for findings made pursuant required by the CAA. Furthermore, design value above 12.7 ppm. 40 CFR 81.329. to section 179 of the Clean Air Act.’’ providing notice and comment would

VerDate 18-JUN-99 08:36 Sep 09, 1999 Jkt 183247 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\A10SE0.072 pfrm07 PsN: 10SER1 49086 Federal Register / Vol. 64, No. 175 / Friday, September 10, 1999 / Rules and Regulations be impracticable because of the limited the regulatory action meets both criteria, This rule is not subject to notice and time provided under the statute for the Agency must evaluate the comment rulemaking; therefore, neither making such determinations. Finally, environmental health or safety effects of a regulatory flexibility analysis nor notice and comment would be contrary the planned rule on children, and certification is required under the RFA. to the public interest because it would explain why the planned regulation is I. Unfunded Mandates divert Agency resources from the preferable to other potentially effective critical substantive review of submitted and reasonably feasible alternatives Under section 202 of the Unfunded SIPs. See 58 FR 51270, 51272, note 17 considered by the Agency. This rule is Mandates Reform Act of 1995 (October 1, 1993); 59 FR 39832, 39853 not subject to E.O. 13045 because it does (‘‘Unfunded Mandates Act’’), signed (August 4, 1994). not involve decisions intended to into law on March 22, 1995, EPA must mitigate environmental health or safety prepare a budgetary impact statement to D. Executive Order 12866 risks. accompany any proposed or final rule The Office of Management and Budget that includes a Federal mandate that (OMB) has exempted this action from G. Executive Order 13084 may result in estimated annual costs to review under Executive Order 12866. Under Executive Order 13084, State, local, or tribal governments in the Consultation and Coordination with aggregate; or to private sector, of $100 E. Executive Order 12875 Indian Tribal Governments, EPA may million or more. Under section 205, Under Executive Order 12875, not issue a regulation that is not EPA must select the most cost-effective Enhancing the Intergovernmental required by statute, that significantly or and least burdensome alternative that Partnership, EPA may not issue a uniquely affects the communities of achieves the objectives of the rule and regulation that is not required by statute Indian tribal governments, and that is consistent with statutory and that creates a mandate upon a State, imposes substantial direct compliance requirements. Section 203 requires EPA local or tribal government, unless the costs on those communities, unless the to establish a plan for informing and Federal government provides the funds Federal government provides the funds advising any small governments that necessary to pay the direct compliance necessary to pay the direct compliance may be significantly or uniquely costs incurred by those governments, or costs incurred by the tribal impacted by the rule. EPA consults with those governments. If governments, or EPA consults with EPA has determined that today’s EPA complies by consulting, Executive those governments. If EPA complies by action is not a Federal mandate. The Order 12875 requires EPA to provide to consulting, Executive Order 13084 Clean Air Act provisions discussed in the Office of Management and Budget a requires EPA to provide to the Office of this rule requires states to submit description of the extent of EPA’s prior Management and Budget, in a separately implementation plans. This notice consultation with representatives of identified section of the preamble to the merely provides a finding that Nevada affected State, local and tribal rule, a description of the extent of EPA’s has not met that requirement. This governments, the nature of their prior consultation with representatives document does not, by itself, require concerns, copies of any written of affected tribal governments, a any particular action by any State, local, communications from the governments, summary of the nature of their concerns, or tribal government, or by the private and a statement supporting the need to and a statement supporting the need to sector. The consequences of the State’s issue the regulation. In addition, issue the regulation. In addition, failure are mandated by the Clean Air Executive Order 12875 requires EPA to Executive Order 13084 requires EPA to Act and are not at EPA’s discretion. develop an effective process permitting develop an effective process permitting For the same reasons, EPA has elected officials and other elected officials and other determined that this rule contains no representatives of State, local and tribal representatives of Indian tribal regulatory requirements that might governments ‘‘to provide meaningful governments ‘‘to provide meaningful significantly or uniquely affect small and timely input in the development of and timely input in the development of governments. regulatory proposals containing regulatory policies on matters that J. Submission to Congress and the significant unfunded mandates.’’ significantly or uniquely affect their Comptroller General Today’s rule is required by the Clean communities.’’ Air Act. Moreover, it does not create a Today’s rule is required by the Clean The Congressional Review Act, 5 mandate on State, local or tribal Air Act. Accordingly, the requirements U.S.C. 801 et seq., as added by the Small governments nor does the rule impose of section 3(b) of E.O. 13084 do not Business Regulatory Enforcement any enforceable duties on these entities. apply to this rule. Moreover, because it Fairness Act of 1996, generally provides It simply makes an objective finding finds a failure only by the state that before a rule may take effect, the that the State of Nevada has failed to government of Nevada, it does not apply agency promulgating the rule must carry out a duty required by the Clean to or significantly or uniquely affect the submit a rule report, which includes a Air Act. Accordingly, the requirements communities of Indian tribal copy of the rule, to each House of the of section 1(a) of E.O. 12875 do not governments. Congress and to the Comptroller General apply to this rule. of the United States. However, section H. Regulatory Flexibility Act 808 provides that any rule for which the F. Executive Order 13045 The Regulatory Flexibility Act (RFA) issuing agency for good cause finds (and Protection of Children from generally requires an agency to conduct incorporates the finding and a brief Environmental Health Risks and Safety a regulatory flexibility analysis of any statement of reasons therefor in the rule) Risks (62 FR 19885, April 23, 1997), rule subject to notice and comment that notice and public procedure applies to any rule that: (1) is rulemaking requirements unless the thereon are impracticable, unnecessary determined to be ‘‘economically agency certifies that the rule will not or contrary to the public interest, shall significant’’ as defined under E.O. have a significant economic impact on take effect at such time as the agency 12866, and (2) concerns an a substantial number of small entities. promulgating the rule determines. 5 environmental health or safety risk that Small entities include small businesses, U.S.C. 808(2). As stated previously, EPA EPA has reason to believe may have a small not-for-profit enterprises, and has made such a good cause finding, disproportionate effect on children. If small governmental jurisdictions. including the reasons therefor, and

VerDate 18-JUN-99 08:36 Sep 09, 1999 Jkt 183247 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\A10SE0.074 pfrm07 PsN: 10SER1 Federal Register / Vol. 64, No. 175 / Friday, September 10, 1999 / Rules and Regulations 49087 established an effective date of August this time. Instead, the issue of opening for Channel 247C1 at Dinosaur are 40– 31, 1999. EPA will submit a report a filing window for this channel will be 14–42 NL and 109–00–30 WL. With this containing this rule and other required addressed by the Commission in a action, the proceeding is terminated. information to the U.S. Senate, the U.S. subsequent Order. DATES: Effective October 12, 1999. A House of Representatives, and the FOR FURTHER INFORMATION CONTACT: filing window for Channel 247C1 at Comptroller General of the United Nancy Joyner, Mass Media Bureau, (202) Dinosaur, Colorado, will not be opened States prior to publication of the rule in 418–2180. at this time. Instead, the issue of the Federal Register. This rule is not a SUPPLEMENTARY INFORMATION: This is a opening a filing window for this ‘‘major rule’’ as defined by 5 U.S.C. synopsis of the Commission’s Report channel will be addressed by the 804(2). and Order, MM Docket No. 99–148, Commission in a subsequent Order. K. Petitions for Judicial Review adopted August 18, 1999, and released FOR FURTHER INFORMATION CONTACT: August 27, 1999. The full text of this Nancy Joyner, Mass Media Bureau, (202) Under section 307(b)(1) of the Clean Commission decision is available for 418–2180. Air Act, petitions for judicial review of inspection and copying during normal SUPPLEMENTARY INFORMATION: This is a this action must be filed in the United business hours in the FCC’s Reference States Court of Appeals for the synopsis of the Commission’s Report Information Center (Room CY–A257), and Order, MM Docket No. 99–149, appropriate circuit by November 9, 445 Twelfth Street, SW., Washington, 1999. Filing a petition for adopted August 18, 1999, and released DC. The complete text of this decision August 27, 1999. The full text of this reconsideration by the Administrator of may also be purchased from the this final rule does not affect the finality Commission decision is available for Commission’s copy contractor, inspection and copying during normal of this rule for the purposes of judicial International Transcription Service, review nor does it extend the time business hours in the FCC’s Reference Inc., 1231 20th Street, NW., Information Center (Room CY–A257), within which a petition for judicial Washington, DC 20036, (202) 857–3800. review may be filed, and shall not 445 Twelfth Street, SW., Washington, postpone the effectiveness of such rule List of Subjects in 47 CFR Part 73 DC. The complete text of this decision may also be purchased from the or action. This action may not be Radio broadcasting. challenged later in proceedings to Commission’s copy contractor, Part 73 of Title 47 of the Code of International Transcription Service, enforce its requirements. (See section Federal Regulations is amended as 307(b)(2). Inc., 1231 20th Street, NW., follows: Washington, DC 20036, (202) 857–3800. List of Subjects in 40 CFR Part 52 PART 73Ð[AMENDED] List of Subjects in 47 CFR Part 73 Environmental protection, Air pollution control, Carbon monoxide, 1. The authority citation for part 73 Radio broadcasting. Intergovernmental relations. reads as follows: Part 73 of Title 47 of the Code of Dated: August 31, 1999. Authority: 47 U.S.C. 154, 303, 334, 336. Federal Regulations is amended as follows: David P. Howekamp, § 73.202 [Amended] Acting Regional Administrator, Region IX. 2. Section 73.202(b), the Table of FM PART 73Ð[AMENDED] [FR Doc. 99–23412 Filed 9–9–99; 8:45 am] Allotments under Colorado, is amended 1. The authority citation for part 73 BILLING CODE 6560±50±P by adding Del Norte, Channel 242A. reads as follows: Federal Communications Commission. Authority: 47 U.S.C. 154, 303, 334, 336. John A. Karousos, FEDERAL COMMUNICATIONS Chief, Allocations Branch, Policy and Rules § 73.202 [Amended] COMMISSION Division, Mass Media Bureau. 2. Section 73.202(b), the Table of FM 47 CFR Part 73 [FR Doc. 99–23458 Filed 9–9–99; 8:45 am] Allotments under Colorado, is amended BILLING CODE 6712±01±P by adding Dinosaur, Channel 247C1. [DA 99±1706; MM Docket No. 99±148; RM± 9556] Federal Communications Commission. FEDERAL COMMUNICATIONS John A. Karousos, Radio Broadcasting Services; Del COMMISSION Chief, Allocations Branch, Policy and Rules Norte, CO Division, Mass Media Bureau. [FR Doc. 99–23457 Filed 9–9–99; 8:45 am] AGENCY: Federal Communications 47 CFR Part 73 Commission. [DA 99±1706; MM Docket No. 99±149; RM± BILLING CODE 6712±01±P ACTION: Final rule. 9557] FEDERAL COMMUNICATIONS SUMMARY: This document allots Channel Radio Broadcasting Services; 242A to Del Norte, Colorado, as that Dinosaur, CO COMMISSION community’s first local aural AGENCY: Federal Communications 47 CFR Part 73 transmission service in response to a Commission. petition for rulemaking filed by [DA 99±1706; MM Docket No. 99±150; RM± ACTION: Final rule. Mountain West Broadcasting. See 64 FR 9558] 26718, May 17, 1999. Coordinates used SUMMARY: This document allots Channel for Channel 242A at Del Norte are 37– 247C1 to Dinosaur, Colorado, as that Radio Broadcasting Services; Poncha 40–36 NL and 106–21–12 WL. With this community’s first local aural Springs, CO action, the proceeding is terminated. transmission service in response to a AGENCY: Federal Communications DATES: Effective October 12, 1999. A petition for rulemaking filed by Commission. filing window for Channel 242A at Del Mountain West Broadcasting. See 64 FR ACTION: Final rule. Norte, Colorado, will not be opened at 26718, May 17, 1999. Coordinates used

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