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7826 Federal Register / Vol. 72, No.

34 / Wednesday, February 21, 2007 / Rules and Regulations

15. Reynolds, M.G., et al., ‘‘Clinical ACTION: Final rule. C. What Action Is EPA Taking Today?
Manifestations of Human Monkeypox II. What Comments Did EPA Receive in
Influenced by Route of Infection,’’ SUMMARY: The EPA is approving a Response to Its Proposal?
revision to the State Implementation III. Summary of Conclusions
Journal of Infectious Diseases, 2006; IV. Statutory and Executive Order Reviews
773–780. Plan (SIP) for New York’s motor vehicle
16. Sejvar, J.J., et al., ‘‘Human enhanced inspection and maintenance I. Background
Monkeypox Infection: A Family Cluster (I/M) program which includes the
adoption of a statewide On-Board A. What Are the Clean Air Act
in the Midwestern United States,’’
Diagnostic (OBD) program. New York Requirements for I/M Programs?
Journal of Infectious Diseases, 2004;
190:1833–1840. has made revisions to Title 6 of the New The Clean Air Act (CAA) requires
17. Xiao, S., et al., ‘‘Experimental York Codes, Rules and Regulations certain states to implement an enhanced
Infection of Prairie Dogs with (NYCRR), Part 217, ‘‘Motor Vehicle inspection and maintenance (I/M)
Monkeypox Virus,’’ Emerging Infectious Enhanced Inspection and Maintenance program to detect gasoline-fueled motor
Diseases, 2005; 11:539–545. Program Requirements,’’ and Title 15 vehicles which exhibit excessive
NYCRR Part 79, ‘‘Motor Vehicle emissions of certain air pollutants. The
II. Comments Inspection Regulations,’’ to comply with enhanced I/M program is intended to
Through this document, FDA is EPA regulations and to improve help states meet federal health-based
announcing the addition of the previous performance of its I/M program. The national ambient air quality standards
materials to the administrative docket intended effect of this action is to (NAAQS) for ozone and carbon
and inviting comment limited to these maintain consistency between the State- monoxide by requiring vehicles with
publications. FDA believes that a 30– adopted rules and the federally excess emissions to have their emissions
day comment period is sufficient in this approved SIP and to approve a control control systems repaired. Section 182 of
case, as the agency is specifically strategy that will result in emission the CAA requires I/M programs in those
limiting its reopening of the comment reductions that will help achieve areas of the nation that are most
period to comments on how the agency attainment of the national ambient air impacted by carbon monoxide and
should consider the information being quality standard for ozone. ozone pollution. Section 184 of the CAA
added to the administrative docket in DATES: Effective Date: This rule will be also created an ‘‘Ozone Transport
relation to FDA’s interim final rule. effective March 23, 2007. Region’’ (OTR) which geographically
Comments are invited, and will be includes the 11 states from Maryland to
ADDRESSES: EPA has established a
considered, only to the extent they are Maine (including all of New York State)
docket for this action under the Federal
focused on the specific information and the District of Columbia
Docket Management System (FDMS)
being added to the record of FDA’s Consolidated Metropolitan Statistical
which replaces the Regional Materials
interim final rule. Area. Depending on the severity of the
Interested persons may submit to the in EDOCKET (RME) docket system. The
new FDMS is located at nonattainment designation(s) and/or
Division of Dockets Management (see geographic location within the OTR,
ADDRESSES) written or electronic
www.regulations.gov and the docket ID
for this action is EPA–R02–OAR–2006– EPA’s regulation under 40 CFR 51.350
comments regarding the documents outlines the appropriate motor vehicle I/
listed above. Submit a single copy of 0685. All documents in the docket are
listed in the FDMS index. Publicly M requirements.
electronic comments or two copies of As a result of the 1-hr ozone
any mailed comments, except that available docket materials are available
nonattainment designations, New York
individuals may submit one paper copy. either electronically in FDMS or in hard
State’s 62 counties were divided into
Comments should be identified with the copy at the Environmental Protection
two separate I/M areas. The
docket number found in brackets in the Agency, Region 2 Office, Air Programs
‘‘downstate’’ 9-county New York
heading of this document. Received Branch, 290 Broadway, 25th Floor, New
Metropolitan Area (NYMA), which
comments are available for public York, New York 10007–1866. Copies of
includes New York City (Bronx, Kings,
examination in the Division of Dockets the documents relevant to this action
New York, Richmond, and Queens
Management between 9 a.m. and 4 p.m., are also available for public inspection
Counties), Long Island (Nassau and
Monday through Friday. during normal business hours, by
Suffolk Counties), and Westchester and
appointment at the Air and Radiation
Dated: February 9, 2007. Rockland Counties, has been classified
Docket and Information Center,
Jeffrey Shuren, as a high enhanced I/M area. On January
Environmental Protection Agency,
Assistant Commissioner for Policy. 1, 1998, New York began implementing
Room 3334, 1301 Constitution Avenue,
[FR Doc. E7–2857 Filed 2–20–07; 8:45 am] a high enhanced I/M program (New
NW., Washington, DC; and the New
York refers to this program as its
BILLING CODE 4160–01–S York State Department of
NYTEST program) in the NYMA. By
Environmental Conservation, Division
May 1999, this enhanced I/M program
of Air Resources, 625 Broadway,
was fully functional for the entire
ENVIRONMENTAL PROTECTION Albany, New York 12233.
NYMA.
AGENCY FOR FURTHER INFORMATION CONTACT: Kirk The remaining 53 ‘‘Upstate’’ counties
J. Wieber, Air Programs Branch, of New York State were classified as a
40 CFR Part 52 Environmental Protection Agency, 290 low enhanced I/M area. Since 1998, the
[Docket No. EPA–R02–OAR–2006–0685, Broadway, 25th Floor, New York, New Upstate I/M area featured annual anti-
FRL–8275–5] York 10007–1866, (212) 637–3381. tampering visual inspections including
SUPPLEMENTARY INFORMATION: a gas cap presence check.
Approval and Promulgation of
Table of Contents Since all of New York State is
Implementation Plans; New York;
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included within the OTR, additional I/


Motor Vehicle Enhanced Inspection I. Background
A. What Are the Clean Air Act M requirements are mandated in the
and Maintenance Program
Requirements for I/M Programs? more populated counties of Upstate
AGENCY: Environmental Protection B. What Did New York Include in This New York pursuant to 40 CFR 51.350(a).
Agency (EPA). Latest Submittal? Section 51.350(a)(1) provides that,

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Federal Register / Vol. 72, No. 34 / Wednesday, February 21, 2007 / Rules and Regulations 7827

‘‘States or areas within an ozone catalyst) are not necessarily applicable program was not being implemented at
transport region shall implement to all vehicles. When a vehicle is that time and therefore was not
enhanced I/M programs in any scanned at an OBD–I/M test site, these approved by EPA as satisfying a fully
metropolitan statistical area (MSA), or monitors can appear as either ‘‘ready’’ operational OBD program. Additional
portion of an MSA, within the state or (meaning the monitor in question has information on EPA’s final approval of
area with a 1990 population of 100,000 been evaluated), ‘‘not ready’’ (meaning New York’s enhanced I/M program can
or more as defined by the Office of the monitor has not yet been evaluated), be found in EPA’s May 7, 2001 final
Management and Budget (OMB) or ‘‘not applicable’’ (meaning the approval notice.
regardless of the area’s attainment vehicle is not equipped with the
B. What Did New York Include in This
classification.’’ Further, section component monitor in question).
The OBD system is also designed to Latest Submittal?
51.350(b)(1) provides that, ‘‘[i]n an
ozone transport region, the program fully evaluate the vehicle emissions On April 4, 2002, the New York State
shall entirely cover all counties within control system. If the OBD system Department of Environmental
subject MSAs or subject portions of detects a problem that may cause Conservation (NYSDEC) requested a
MSAs, as defined by OMB in 1990, vehicle emissions to exceed 1.5 times formal extension of the OBD I/M test
except largely rural counties having a the Federal Test Procedure (FTP) deadline, per EPA’s I/M requirement
population density of less than 200 standards, then the Malfunction rule. New York’s request lists
persons per square mile based on the Indicator Light (MIL) is illuminated. By contractual impediments, hardware and
1990 Census can be excluded except turning on the MIL, the OBD system software deficiencies and data
that at least 50 percent of the MSA notifies the vehicle operator that an management deficiencies as the factors
population must be included in the emission-related fault has been for its request for an extension of the
program* * *.’’ In effect, 16 of the 53 detected, and the vehicle should be OBD testing deadline. Based upon the
counties located in Upstate New York repaired as soon as possible thus reasons listed by New York, EPA
are required to have low enhanced I/M. reducing the harmful emissions believed that the State’s delayed
The 16 counties are Albany, Broome, contributed by that vehicle. implementation was justified.
Chautauqua, Dutchess, Erie, Monroe, EPA’s revised OBD I/M rule applies to On February 27, 2006, NYSDEC
Niagara, Oneida, Onondaga, Orange, only those areas that are required to submitted to EPA a revision to its SIP
Putnam, Rensselaer, Schenectady, implement I/M programs under the which incorporates OBD system
Saratoga, Warren and Washington. CAA, which include the NYMA and requirements in the NYMA and the 53
On April 5, 2001, EPA published in certain counties in Upstate New York. counties located in Upstate New York.
the Federal Register ‘‘Amendments to This rule established a deadline of New York’s SIP revision includes
Vehicle Inspection and Maintenance January 1, 2002 for states to begin revisions to the NYSDEC regulation
Program Requirements Incorporating the performing OBD checks on 1996 and found at Title 6 of the New York Codes,
On-Board Diagnostics Check’’ (66 FR newer model OBD-equipped vehicles Rules and Regulations (NYCRR), Part
18156). The revised I/M rule requires and to require repairs to be performed 217, ‘‘Motor Vehicle Enhanced
that electronic checks of the On-Board on those vehicles with malfunctions Inspection and Maintenance Program
Diagnostics (OBD) system on model year identified by the OBD check. Requirements,’’ and the New York State
1996 and newer OBD-equipped motor EPA’s revised I/M rule also provided Department of Motor Vehicles
vehicles be conducted as part of states’ several options to states to delay (NYSDMV) regulation found at Title 15
motor vehicle I/M programs. OBD is implementation of OBD testing, under NYCRR Part 79, ‘‘Motor Vehicle
part of the sophisticated vehicle certain circumstances. An extension of Inspection Regulations,’’ and a
powertrain management system and is the deadline for states to begin performance standard modeling
designed to detect engine and conducting mandatory OBD checks is demonstration. On October 12, 2006 (71
transmission problems that might cause permissible provided the state making FR 60098), EPA proposed to approve
vehicle emissions to exceed allowable the request can show just cause to EPA New York’s revised enhanced I/M
limits. OBD is the subject of this for a delay and that the revised program which includes the adoption of
proposed rulemaking action. implementation date represents ‘‘the a statewide OBD program. For a detailed
The OBD system monitors the status best the state can reasonably do’’ (66 FR discussion on the content and
of up to 11 emission control related 18159). EPA’s final rule identifies requirements of the revisions to New
subsystems by performing either factors that may serve as a possible York’s regulations, the reader is referred
continuous or periodic functional tests justification for states considering to EPA’s proposed rulemaking action.
of specific components and vehicle making a request to the EPA to delay
implementation of OBD I/M program C. What Action Is EPA Taking Today?
conditions. The first three testing
categories—misfire, fuel trim, and checks beyond the January 2002 The EPA is approving a revision to
comprehensive components—are deadline. Potential factors justifying the New York SIP pertaining to New
continuous, while the remaining eight such a delay include contractual York’s enhanced I/M program which
only run after a certain set of conditions impediments, hardware or software incorporates OBD testing requirements
has been met. The algorithms for deficiencies, data management software and procedures in the NYMA and the 53
running these eight periodic monitors deficiencies, the need for additional counties located in Upstate New York
are unique to each manufacturer and training for the testing and repair (New York refers to this program as the
involve such things as ambient industries, and the need for public New York Vehicle Inspection Program
temperature as well as driving education or outreach. (NYVIP)). EPA is also repealing Title 6
conditions. Most vehicles will have at On May 7, 2001 (66 FR 22922), EPA of the NYCRR, Subpart 217–2, ‘‘Motor
least five of the eight remaining fully approved New York’s enhanced I/ Vehicle NY 91 Inspection and
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monitors (catalyst, evaporative system, M program as it applies to NYMA and Maintenance Program Requirements’’
oxygen sensor, heated oxygen sensor, included the state’s performance and Title 15 NYCRR Part 79, Section 26,
and exhaust gas recirculation or EGR standard modeling as meeting the which previously included exhaust
system) while the remaining three (air applicable requirements of the CAA. emission standards and inspection/
conditioning, secondary air, and heated However, the OBD component of that repair procedures that are no longer

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7828 Federal Register / Vol. 72, No. 34 / Wednesday, February 21, 2007 / Rules and Regulations

being relied upon by or necessary for rule approves pre-existing requirements of the United States. EPA will submit a
New York State to implement as part of under state law and does not impose report containing this rule and other
its enhanced I/M program. any additional enforceable duty beyond required information to the U.S. Senate,
that required by state law, it does not the U.S. House of Representatives, and
II. What Comments Did EPA Receive in
contain any unfunded mandate or the Comptroller General of the United
Response to Its Proposal?
significantly or uniquely affect small States prior to publication of the rule in
In response to EPA’s October 12, 2006 governments, as described in the the Federal Register. A major rule
proposed rulemaking action, EPA Unfunded Mandates Reform Act of 1995 cannot take effect until 60 days after it
received no comments. (Pub. L. 104–4). is published in the Federal Register.
III. Summary of Conclusions This rule also does not have tribal This action is not a ‘‘major rule’’ as
implications because it will not have a defined by 5 U.S.C. 804(2).
EPA’s review of the materials substantial direct effect on one or more Under section 307(b)(1) of the Act,
submitted indicates that New York has Indian tribes, on the relationship petitions for judicial review of this
revised its I/M program in accordance between the Federal Government and action must be filed in the United States
with the requirements of the CAA, 40 Indian tribes, or on the distribution of Court of Appeals for the appropriate
CFR part 51 and all of EPA’s technical power and responsibilities between the circuit by April 23, 2007. Filing a
requirements for an approvable OBD Federal Government and Indian tribes, petition for reconsideration by the
program. EPA is approving the revisions as specified by Executive Order 13175 Administrator of this final rule does not
to the NYSDEC regulation Title 6 of the (65 FR 67249, November 9, 2000). This affect the finality of this rule for the
NYCRR, Part 217, ‘‘Motor Vehicle action also does not have federalism purposes of judicial review nor does it
Enhanced Inspection and Maintenance implications because it does not have extend the time within which a petition
Program Requirements,’’ specifically, substantial direct effects on the states, for judicial review may be filed, and
Subpart 217–1, ‘‘Motor Vehicle on the relationship between the national shall not postpone the effectiveness of
Enhanced Inspection and Maintenance government and the states, or on the such rule or action. This action may not
Program Requirements’’ and Subpart distribution of power and be challenged later in proceedings to
217–4, ‘‘Inspection and Maintenance responsibilities among the various enforce its requirements. (See section
Program Audits,’’ effective on October levels of government, as specified in 307(b)(2).)
30, 2002, and the New York State Executive Order 13132 (64 FR 43255,
Department of Motor Vehicles List of Subjects in 40 CFR Part 52
August 10, 1999). This action merely
regulation Title 15 NYCRR Part 79 approves a state rule implementing a Environmental protection, Air
‘‘Motor Vehicle Inspection federal standard, and does not alter the pollution control, Carbon monoxide,
Regulations,’’ specifically, Sections relationship or the distribution of power Incorporation by reference,
79.1–79.15, 79.17, 79.20, 79.21, 79.24, and responsibilities established in the Intergovernmental relations, Nitrogen
and 79.25, effective on May 4, 2005. The Act. This rule also is not subject to dioxide, Ozone, Reporting and
CAA gives states the discretion in Executive Order 13045 ‘‘Protection of recordkeeping requirements, Sulfur
program planning to implement Children from Environmental Health oxides, Volatile organic compounds.
programs of the state’s choosing as long Risks and Safety Risks’’ (62 FR 19885, Dated: January 23, 2007.
as necessary emission reductions are April 23, 1997), because it is not Alan J. Steinberg,
met. EPA is also approving New York’s economically significant. Regional Administrator, Region 2.
performance standard modeling In reviewing SIP submissions, EPA’s
demonstration, which reflects the role is to approve state choices, ■ Part 52, chapter I, title 40 of the Code
State’s I/M program as it is currently provided that they meet the criteria of of Federal Regulations is amended as
implemented in the 53 counties located the Act. In this context, in the absence follows:
in Upstate New York (NYVIP), as of a prior existing requirement for the PART 52—[AMENDED]
meeting the required EPA alternate low State to use voluntary consensus
enhanced I/M performance standards. standards (VCS), EPA has no authority ■ 1. The authority citation for part 52
to disapprove a SIP submission for continues to read as follows:
IV. Statutory and Executive Order
failure to use VCS. It would thus be Authority: 42 U.S.C. 7401 et seq.
Reviews
inconsistent with applicable law for
Under Executive Order 12866 (58 FR EPA, when it reviews a SIP submission,
51735, October 4, 1993), this action is Subpart HH—New York
to use VCS in place of a SIP submission
not a ‘‘significant regulatory action’’ and that otherwise satisfies the provisions of ■ 2. Section 52.1670 is amended by
therefore is not subject to review by the the Act. Thus, the requirements of adding new paragraph (c)(111) to read
Office of Management and Budget. For section 12(d) of the National as follows:
this reason, this action is also not Technology Transfer and Advancement
subject to Executive Order 13211, Act of 1995 (15 U.S.C. 272 note) do not § 52.1670 Identification of plans.
‘‘Actions Concerning Regulations That apply. This rule does not impose an * * * * *
Significantly Affect Energy Supply, information collection burden under the (c) * * *
Distribution, or Use’’ (66 FR 28355, May provisions of the Paperwork Reduction * * * * *
22, 2001). This action merely approves Act of 1995 (44 U.S.C. 3501 et seq.). (111) Revisions to the State
state law as meeting federal The Congressional Review Act, 5 Implementation Plan submitted on
requirements and imposes no additional U.S.C. 801 et seq., as added by the Small February 27, 2006, by the New York
requirements beyond those imposed by Business Regulatory Enforcement State Department of Environmental
state law. Accordingly, the Fairness Act of 1996, generally provides Conservation, which consist of
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Administrator certifies that this rule that before a rule may take effect, the administrative changes to its motor
will not have a significant economic agency promulgating the rule must vehicle enhanced inspection and
impact on a substantial number of small submit a rule report, which includes a maintenance (I/M) program which
entities under the Regulatory Flexibility copy of the rule, to each House of the includes the adoption of a statewide On-
Act (5 U.S.C. 601 et seq.). Because this Congress and to the Comptroller General Board Diagnostic (OBD) program.

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Federal Register / Vol. 72, No. 34 / Wednesday, February 21, 2007 / Rules and Regulations 7829

(i) Incorporation by reference: Program Requirements’’ and Subpart 79.1–79.15, 79.17, 79.20, 79.21, 79.24,
(A) Regulation Title 6 of the New 217–4, ‘‘Inspection and Maintenance and 79.25, effective on May 4, 2005.
York Codes, Rules and Regulations Program Audits,’’ effective on October ■ 3. In 52.1679, the table is amended by
(NYCRR), Part 217, ‘‘Motor Vehicle 30, 2002, and the New York State revising the entries under Title 6 for
Enhanced Inspection and Maintenance Department of Motor Vehicles Part 217 and Title 15 for Part 79 to read
Program Requirements,’’ specifically, regulation Title 15 NYCRR Part 79 as follows:
Subpart 217–1, ‘‘Motor Vehicle ‘‘Motor Vehicle Inspection
§ 52.1679 EPA-approved New York State
Enhanced Inspection and Maintenance Regulations,’’ specifically, Sections regulations.

State effec- Latest EPA


New York State regulation Comments
tive date approval date

Title 6:

* * * * * * *
Part 217, Motor Vehicle Emissions:
Subpart 217–1, Motor Vehicle Enhanced Inspection and Mainte- 10/30/02 2/21/07 ............................................
nance Program Requirements. [Insert FR page citation].
Subpart 217–4, Inspection and Maintenance Program Audits .......... 10/30/02 2/21/07 ............................................
[Insert FR page citation].

* * * * * * *
Title 15:
Part 79, ‘‘Motor Vehicle Inspection Regulations’’ Sections 79.1– 5/4/05 2/21/07 ............................................
79.15, 79.17, 79.20, 79.21, 79.24, 79.25. [Insert FR page citation].

* * * * * * *

[FR Doc. E7–2801 Filed 2–20–07; 8:45 am] ADDRESSES: Submit your comments, ‘‘anonymous access’’ system, which
BILLING CODE 6560–50–P identified by Docket ID No. EPA–R07– means EPA will not know your identity
OAR–2006–0803, by one of the or contact information unless you
following methods: provide it in the body of your comment.
ENVIRONMENTAL PROTECTION 1. http://www.regulations.gov. Follow If you send an e-mail comment directly
AGENCY the online instructions for submitting to EPA without going through http://
comments. www.regulations.gov, your e-mail
40 CFR Parts 52 and 70 2. E-mail: algoe-eakin.amy@epa.gov. address will be automatically captured
[EPA–R07–OAR–2006–0803; FRL–8278–8] 3. Mail: Amy Algoe-Eakin, and included as part of the comment
Environmental Protection Agency, Air that is placed in the public docket and
Approval and Promulgation of Planning and Development Branch, 901 made available on the Internet. If you
Implementation Plans and Operating North 5th Street, Kansas City, Kansas submit an electronic comment, EPA
Permits Program; State of Missouri 66101. recommends that you include your
5. Hand Delivery or Courier: Deliver name and other contact information in
AGENCY: Environmental Protection your comments to Amy Algoe-Eakin, the body of your comment and with any
Agency (EPA). Environmental Protection Agency, Air disk or CD–ROM you submit. If EPA
ACTION: Direct final rule. Planning and Development Branch, 901 cannot read your comment due to
North 5th Street, Kansas City, Kansas technical difficulties and cannot contact
SUMMARY: EPA is approving revisions to 66101. you for clarification, EPA may not be
the Missouri State Implementation Plan Instructions: Direct your comments to able to consider your comment.
(SIP) and Operating Permits Program. Docket ID No. EPA–R07–OAR–2006– Electronic files should avoid the use of
The revisions clarify the rule and 0803. EPA’s policy is that all comments special characters, any form of
streamline processes without negatively received will be included in the public encryption, and be free of any defects or
impacting air quality. The approved docket without change and may be viruses.
revisions will ensure consistency made available online at http:// Docket: All documents in the
between the state and the Federally- www.regulations.gov, including any electronic docket are listed in the
approved rules. personal information provided, unless http://www.regulations.gov index.
DATES: This direct final rule will be the comment includes information Although listed in the index, some
effective April 23, 2007, without further claimed to be Confidential Business information is not publicly available,
notice, unless EPA receives adverse Information (CBI) or other information i.e., CBI or other information whose
comment by March 23, 2007. If adverse whose disclosure is restricted by statute. disclosure is restricted by statute.
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comment is received, EPA will publish Do not submit through http:// Certain other material, such as
a timely withdrawal of the direct final www.regulations.gov or e-mail copyrighted material, is not placed on
rule in the Federal Register informing information that you consider to be CBI the Internet and will be publicly
the public that the rule will not take or otherwise protected. The http:// available only in hard copy form.
effect. www.regulations.gov Web site is an Publicly available docket materials are

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