OMB Approvals Under the Paperwork Reduction Act; Technical Amendment, 6351-6352 [05-2306]

Download as PDF Federal Register / Vol. 70, No. 24 / Monday, February 7, 2005 / Rules and Regulations List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and record keeping requirements, Security measures, Waterways. I For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: PART 165—REGULATED NAVIATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: I Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 U.S.C. 191, 195; 33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1 2. Add temporary § 165.T05–008 to read as follows: I § 165.T05–008 Safety zone; Upper Chesapeake Bay and its tributaries and the C & D Canal, MD, VA and Washington, DC. (a) Location. The following area is a temporary safety zone: All navigable waters of the Captain of the Port, Baltimore zone. (b) Regulations. All persons are required to comply with the general regulations governing safety zones in 33 CFR 165.23 of this part. (1) All vessel traffic is prohibited in the safety zone unless they meet the requirements set forth by the Captain of the Port by Marine Safety Radio Broadcast on VHF–FM marine band radio, channel 22A (157.1 MHZ). (2) All Coast Guard assets enforcing this safety zone can be contacted on VHF marine band radio, channels 13 and 16. The Captain of the Port can be contacted at (410) 576–2693. (3) All persons desiring to transit through the safety zone must contact the Captain of the Port at telephone number (410) 576–2693 or on VHF channel 13 or 16 to seek permission prior to transiting the area. If permission is granted, all persons and vessels shall comply with the instructions of the Captain of the Port Baltimore, MD or designated representative. (4) The Captain of the Port will notify the public of any changes in the status of this safety zone by Marine Safety Radio Broadcast on VHF–FM marine band radio, channel 22A (157.1 MHZ). (5) Mariners granted permission to transit the safety zone must maintain the minimum safe speed necessary to maintain navigation as per 33 CFR Chapter I, Subchapters D and E. (c) Definitions. Captain of the Port means the Commander, Coast Guard Activities Baltimore or any Coast Guard commissioned warrant or petty officer VerDate jul<14>2003 16:29 Feb 04, 2005 Jkt 205001 who has been authorized by the Captain of the Port to act on his behalf. Ice Condition One means the emergency condition in which ice has largely covered the Upper Chesapeake Bay and its tributaries, and the C & D Canal. Convoys are required and restrictions to shaft horsepower and vessel transit are imposed. Ice Condition Two means the alert condition in which at least 2 inches of ice begins to form in the Upper Chesapeake Bay and its tributaries, and the C & D Canal. The COTP Baltimore may impose restrictions, including but not limited to, shaft horsepower and hull type restrictions. Ice Condition Three means the readiness condition in which weather conditions are favorable for the formation of ice in the navigable waters of the Upper Chesapeake Bay and its tributaries, including the C & D Canal. Daily reports for the Coast Guard Stations and commercial vessels are monitored. (No limitations on vessel traffic, hull type or shaft horsepower). (d) Effective period. This section is effective from January 24, 2005 until April 15, 2005. Dated: January 24, 2005. Curtis A. Springer, Captain, U.S. Coast Guard, Captain of the Port, Baltimore, Maryland. [FR Doc. 05–2218 Filed 2–4–05; 8:45 am] BILLING CODE 4910–15–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 9 [FRL–7869–5] OMB Approvals Under the Paperwork Reduction Act; Technical Amendment Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: SUMMARY: In compliance with the Paperwork Reduction Act (PRA), this technical amendment amends the table that lists the Office of Management and Budget (OMB) control numbers issued under the PRA for Transportation Conformity Rule Amendments for the New 8-hour Ozone and PM2.5 National Ambient Air Quality Standards and Miscellaneous Revisions for Existing Areas, Transportation Conformity Rule Amendments: Response to Court Decision and Additional Rule Changes. EFFECTIVE DATE: This final rule is effective February 7, 2005. FOR FURTHER INFORMATION CONTACT: Rudy Kapichak, State Measures and PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 6351 Conformity Group, Transportation and Regional Programs Division, U.S. Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI 48105, kapichak.rudolph@epa.gov, (734) 214–4574; or Laura Berry, State Measures and Conformity Group, Transportation and Regional Programs Division, U.S. Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI 48105, berry.laura@epa.gov, (734) 214–4858. SUPPLEMENTARY INFORMATION: EPA is amending the table of currently approved information collection request (ICR) control numbers issued by OMB for various regulations. The amendment updates the table to list those information collection requirements promulgated under the Transportation Conformity Rule Amendments for the New 8-hour Ozone and PM2.5 National Ambient Air Quality Standards and Miscellaneous Revisions for Existing Areas; Transportation Conformity Rule Amendments: Response to Court Decision and Additional Rule Changes, which appeared in the Federal Register on July 1, 2004 (69 FR 40004). The affected regulations are codified at 40 CFR part 93. EPA will continue to present OMB control numbers in a consolidated table format to be codified in 40 CFR part 9 of the Agency’s regulations, and in each CFR volume containing EPA regulations. The table lists CFR citations with reporting, recordkeeping, or other information collection requirements, and the current OMB control numbers. This listing of the OMB control numbers and their subsequent codification in the CFR satisfies the requirements of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.) and OMB’s implementing regulations at 5 CFR part 1320. This ICR was previously subject to public notice and comment prior to OMB approval. Due to the technical nature of the table, EPA finds that further notice and comment is unnecessary. As a result, EPA finds that there is ‘‘good cause’’ under section 553(b)(B) of the Administrative Procedure Act, 5 U.S.C. 553(b)(B), to amend this table without prior notice and comment. I. Administrative Requirements Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a ‘‘significant regulatory action’’ and is therefore not subject to review by the Office of Management and Budget. In addition, this action does not impose any enforceable duty, contain any unfunded mandate, or impose any significant or unique impact on small E:\FR\FM\07FER1.SGM 07FER1 6352 Federal Register / Vol. 70, No. 24 / Monday, February 7, 2005 / Rules and Regulations governments as described in the Unfunded Mandates Reform Act of 1995 (Public Law 104–4). This rule also does not require prior consultation with State, local, and tribal government officials as specified by Executive Order 12875 (58 FR 58093, October 28, 1993) or Executive Order 13084 (64 FR 27655 (May 10, 1998), or involve special consideration of environmental justice related issues as required by Executive Order 12898 (59 FR 7629, February 16, 1994). Because this action is not subject to notice-and-comment requirements under the Administrative Procedure Act or any other statute, it is not subject to the regulatory flexibility provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). This rule also is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997) because EPA interprets E.O. 13045 as applying only to those regulatory actions that are based on health or safety risks, such that the analysis required under section 5–501 of the Order has the potential to influence the regulation. This rule is not subject to E.O. 13045 because it does not establish an environmental standard intended to mitigate health or safety risks. EPA’s compliance with these statutes and Executive Orders for the underlying rule is discussed in the July 1, 2004, Federal Register notice. 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. Section 808 allows the issuing agency to make a good cause finding that notice and public procedure is impracticable, unnecessary or contrary to the public interest. This determination must be supported by a brief statement. 5 U.S.C. 808(2). As stated previously, EPA has made such a good cause finding, including the reasons therefor, and established an effective date of February 7, 2005. 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. This action is not a ‘‘major rule’’ as defined by U.S.C. 804(2). List of Subjects in 40 CFR Part 9 Environmental protection, Reporting and recordkeeping requirements. VerDate jul<14>2003 16:57 Feb 04, 2005 Jkt 205001 Dated: January 28, 2005. Oscar Morales, Director, Collection Strategies Division, Office of Information Collection. For the reasons set out in the preamble, 40 CFR part 9 is amended as follows: I PART 9—[AMENDED] This direct final rule will be effective April 8, 2005, unless EPA receives adverse comments by March 9, 2005. If adverse comments are received, EPA will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect. DATES: Submit your comments, identified by Regional Material in EDocket (RME) ID Number R01–OAR– Authority: 7. U.S.C. 135 et seq., 136–136y; 15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671; 2004–ME–0003 by one of the following methods: 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 1. Federal eRulemaking Portal: 1321, 1326, 1330, 1342, 1344, 1345 (d) and https://www.regulations.gov. Follow the (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, 1971–1975 Comp. p. 973; 42 U.S.C 241, 242b, on-line instructions for submitting comments. 243, 246, 300f, 300f, 300g–1, 300g–2, 300g– 3, 300g–4, 300g–5, 300g–6, 300j–1, 300j–2, 2. Agency Web site: https:// 300j–3, 300j–4, 300j–9, 1857 et seq., 6901– docket.epa.gov/rmepub/ Regional 6002k, 7401–7671q, 7542, 9601–9657, 11023, Material in EDocket (RME), EPA’s 11048. electronic public docket and comment system, is EPA’s preferred method for I 2. In § 9.1 the table is amended by receiving comments. Once in the adding a new entry to read as follows: system, select ‘‘quick search,’’ then key § 9.1 OMB approvals under the Paperwork in the appropriate RME Docket Reduction Act. identification number. Follow the on* * * * * line instructions for submitting comments. OMB control 40 CFR citation 3. E-mail: conroy.dave@epa.gov. No. 4. Fax: (617) 918–0661. 5. Mail: ‘‘RME ID Number R01–OAR– * * * * * 2004–ME–003’’ David Conroy, U.S. Determining Coformity of Federal Actions to State or Federal Implementation Plans Environmental Protection Agency, EPA New England Regional Office, One Part 93, subpart A .................. 2060–0561 Congress Street, Suite 1100 (mail code CAQ), Boston, MA 02114–2023. * * * * * 6. Hand Delivery or Courier. Deliver your comments to: David Conroy, Unit [FR Doc. 05–2306 Filed 2–4–05; 8:45 am] Manager, Air Quality Planning, Office of BILLING CODE 6560–50–M Ecosystem Protection, U.S. Environmental Protection Agency, EPA New England Regional Office, One ENVIRONMENTAL PROTECTION Congress Street, 11th floor, (CAQ), AGENCY Boston, MA 02114–2023. Such 40 CFR Part 52 deliveries are only accepted during the [R01–OAR–2004–ME–0003; A–1–FRL–7863– Regional Office’s normal hours of operation. The Regional Office’s official 2] hours of business are Monday through Approval and Promulgation of Air Friday, 8:30 to 4:30, excluding federal Quality Implementation Plans; Maine; Holidays. Portable Fuel Containers Instructions: Direct your comments to Regional Material in EDocket (RME) ID AGENCY: Environmental Protection Number R01–OAR–2004–ME–0003. Agency (EPA). EPA’s policy is that all comments ACTION: Direct final rule. received will be included in the public SUMMARY: EPA is approving a State docket without change and may be Implementation Plan (SIP) revision made available online at https:// submitted by the State of Maine. This docket.epa.gov/rmepub/, including any revision establishes requirements to personal information provided, unless reduce volatile organic compound the comment includes information (VOC) emissions from portable fuel claimed to be Confidential Business containers. The intended effect of this Information (CBI) or other information action is to approve these requirements whose disclosure is restricted by statute. into the Maine SIP. EPA is taking this Do not submit information that you action in accordance with the Clean Air consider to be CBI or otherwise Act (CAA). protected through Regional Material in 1. The authority citation for part 9 continues to read as follows: I PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 ADDRESSES: E:\FR\FM\07FER1.SGM 07FER1

Agencies

[Federal Register Volume 70, Number 24 (Monday, February 7, 2005)]
[Rules and Regulations]
[Pages 6351-6352]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-2306]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 9

[FRL-7869-5]


OMB Approvals Under the Paperwork Reduction Act; Technical 
Amendment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: In compliance with the Paperwork Reduction Act (PRA), this 
technical amendment amends the table that lists the Office of 
Management and Budget (OMB) control numbers issued under the PRA for 
Transportation Conformity Rule Amendments for the New 8-hour Ozone and 
PM2.5 National Ambient Air Quality Standards and 
Miscellaneous Revisions for Existing Areas, Transportation Conformity 
Rule Amendments: Response to Court Decision and Additional Rule 
Changes.

EFFECTIVE DATE: This final rule is effective February 7, 2005.

FOR FURTHER INFORMATION CONTACT: Rudy Kapichak, State Measures and 
Conformity Group, Transportation and Regional Programs Division, U.S. 
Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI 
48105, kapichak.rudolph@epa.gov, (734) 214-4574; or Laura Berry, State 
Measures and Conformity Group, Transportation and Regional Programs 
Division, U.S. Environmental Protection Agency, 2000 Traverwood Drive, 
Ann Arbor, MI 48105, berry.laura@epa.gov, (734) 214-4858.

SUPPLEMENTARY INFORMATION: EPA is amending the table of currently 
approved information collection request (ICR) control numbers issued by 
OMB for various regulations. The amendment updates the table to list 
those information collection requirements promulgated under the 
Transportation Conformity Rule Amendments for the New 8-hour Ozone and 
PM2.5 National Ambient Air Quality Standards and 
Miscellaneous Revisions for Existing Areas; Transportation Conformity 
Rule Amendments: Response to Court Decision and Additional Rule 
Changes, which appeared in the Federal Register on July 1, 2004 (69 FR 
40004). The affected regulations are codified at 40 CFR part 93. EPA 
will continue to present OMB control numbers in a consolidated table 
format to be codified in 40 CFR part 9 of the Agency's regulations, and 
in each CFR volume containing EPA regulations. The table lists CFR 
citations with reporting, recordkeeping, or other information 
collection requirements, and the current OMB control numbers. This 
listing of the OMB control numbers and their subsequent codification in 
the CFR satisfies the requirements of the Paperwork Reduction Act (44 
U.S.C. 3501 et seq.) and OMB's implementing regulations at 5 CFR part 
1320.
    This ICR was previously subject to public notice and comment prior 
to OMB approval. Due to the technical nature of the table, EPA finds 
that further notice and comment is unnecessary. As a result, EPA finds 
that there is ``good cause'' under section 553(b)(B) of the 
Administrative Procedure Act, 5 U.S.C. 553(b)(B), to amend this table 
without prior notice and comment.

I. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and is therefore not 
subject to review by the Office of Management and Budget. In addition, 
this action does not impose any enforceable duty, contain any unfunded 
mandate, or impose any significant or unique impact on small

[[Page 6352]]

governments as described in the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4). This rule also does not require prior consultation 
with State, local, and tribal government officials as specified by 
Executive Order 12875 (58 FR 58093, October 28, 1993) or Executive 
Order 13084 (64 FR 27655 (May 10, 1998), or involve special 
consideration of environmental justice related issues as required by 
Executive Order 12898 (59 FR 7629, February 16, 1994). Because this 
action is not subject to notice-and-comment requirements under the 
Administrative Procedure Act or any other statute, it is not subject to 
the regulatory flexibility provisions of the Regulatory Flexibility Act 
(5 U.S.C. 601 et seq.). This rule also is not subject to Executive 
Order 13045 (62 FR 19885, April 23, 1997) because EPA interprets E.O. 
13045 as applying only to those regulatory actions that are based on 
health or safety risks, such that the analysis required under section 
5-501 of the Order has the potential to influence the regulation. This 
rule is not subject to E.O. 13045 because it does not establish an 
environmental standard intended to mitigate health or safety risks. 
EPA's compliance with these statutes and Executive Orders for the 
underlying rule is discussed in the July 1, 2004, Federal Register 
notice.

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. Section 808 allows the issuing agency to make a good 
cause finding that notice and public procedure is impracticable, 
unnecessary or contrary to the public interest. This determination must 
be supported by a brief statement. 5 U.S.C. 808(2). As stated 
previously, EPA has made such a good cause finding, including the 
reasons therefor, and established an effective date of February 7, 
2005. 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. This action is not a ``major rule'' 
as defined by U.S.C. 804(2).

List of Subjects in 40 CFR Part 9

    Environmental protection, Reporting and recordkeeping requirements.

    Dated: January 28, 2005.
Oscar Morales,
Director, Collection Strategies Division, Office of Information 
Collection.

0
For the reasons set out in the preamble, 40 CFR part 9 is amended as 
follows:

PART 9--[AMENDED]

0
1. The authority citation for part 9 continues to read as follows:

    Authority: 7. U.S.C. 135 et seq., 136-136y; 15 U.S.C. 2001, 
2003, 2005, 2006, 2601-2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 
9701; 33 U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 1321, 1326, 
1330, 1342, 1344, 1345 (d) and (e), 1361; E.O. 11735, 38 FR 21243, 3 
CFR, 1971-1975 Comp. p. 973; 42 U.S.C 241, 242b, 243, 246, 300f, 
300f, 300g-1, 300g-2, 300g-3, 300g-4, 300g-5, 300g-6, 300j-1, 300j-
2, 300j-3, 300j-4, 300j-9, 1857 et seq., 6901-6002k, 7401-7671q, 
7542, 9601-9657, 11023, 11048.


0
2. In Sec.  9.1 the table is amended by adding a new entry to read as 
follows:


Sec.  9.1  OMB approvals under the Paperwork Reduction Act.

* * * * *

------------------------------------------------------------------------
                                                             OMB control
                      40 CFR citation                            No.
------------------------------------------------------------------------
 
                               * * * * *
Determining Coformity of Federal Actions to State or Federal
 Implementation Plans...................................................
------------------------------------------------------------------------
Part 93, subpart A........................................     2060-0561
 
                                * * * * *
------------------------------------------------------------------------

[FR Doc. 05-2306 Filed 2-4-05; 8:45 am]
BILLING CODE 6560-50-M
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.