Extension of the Deferred Effective Date for 8-Hour Ozone National Ambient Air Quality Standards for Early Action Compact Areas, 50988-50995 [05-17038]
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50988
Federal Register / Vol. 70, No. 166 / Monday, August 29, 2005 / Rules and Regulations
involving a single ignition and no more
than 8 ounces of accelerant to a
maximum of 300 cubic feet of records
destroyed by fire. Section 1228.242
specifies how to document compliance
with this requirement.
I 7. Amend § 1228.232 by revising the
introductory text of paragraph (b) and
paragraph (c) to read:
§ 1228.232 What are the requirements for
environmental controls for records storage
facilities?
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(b) Nontextual temporary records.
Nontextual temporary records,
including microforms and audiovisual
and electronic records, must be stored
in records storage space that is designed
to preserve them for their full retention
period. New records storage facilities
that store nontextual temporary records
must meet the requirements in this
paragraph (b) beginning on September
28, 2005. Existing records storage
facilities that store nontextual
temporary records must meet the
requirements in this paragraph (b) no
later than October 1, 2009. At a
minimum, nontextual temporary
records must be stored in records
storage space that meets the
requirements for medium term storage
set by the appropriate standard in this
paragraph (b). In general, medium term
conditions as defined by these standards
are those that will ensure the
preservation of the materials for at least
10 years with little information
degradation or loss. Records may
continue to be usable for longer than 10
years when stored under these
conditions, but with an increasing risk
of information loss or degradation with
longer times. If temporary records
require retention longer than 10 years,
better storage conditions (cooler and
drier) than those specified for medium
term storage will be needed to maintain
the usability of these records. The
applicable standards are:
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(c) Paper-based permanent,
unscheduled and sample/select records.
Paper-based permanent, unscheduled,
and sample/select records must be
stored in records storage space that
provides 24 hour/365 days per year air
conditioning (temperature, humidity,
and air exchange) equivalent to that
required for office space. See ASHRAE
Standard 55–1992, Thermal
Environmental Conditions for Human
Occupancy, and ASHRAE Standard 62–
1989, Ventilation for Acceptable Indoor
Air Quality, for specific requirements.
New records storage facilities that store
paper-based permanent, unscheduled,
and/or sample/select records must meet
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the requirement in this paragraph (c)
beginning on September 28, 2005.
Existing storage facilities that store
paper-based permanent, unscheduled,
and/or sample/select records must meet
the requirement in this paragraph (c) no
later than October 1, 2009.
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I 8. Amend § 1228.236 by revising
paragraph (a)(2) to read:
§ 1228.236 How does an agency request a
waiver from a requirement in this subpart?
(a) * * *
(2) Existing agency records centers
that met the NARA standards in effect
prior to January 3, 2000, but do not meet
a new standard required to be in place
on September 28, 2005; and
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I 9. Amend § 1228.240 by revising
paragraph (c) to read as follows:
§ 1228.240 How does an agency request
authority to establish or relocate records
storage facilities?
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(c) Contents of requests for agency
records centers. Requests for authority
to establish or relocate an agency
records center, or to use an agency
records center operated by another
agency, must be submitted in writing to
the Director, Space and Security
Management Division (NAS), National
Archives and Records Administration,
8601 Adelphi Road, College Park, MD
20740–6001. The request must identify
the specific facility and, for requests to
establish or relocate the agency’s own
records center, document compliance
with the standards in this subpart.
Documentation requirements for
§ 1228.230(s) are specified in
§ 1228.242.
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I 10. Amend § 1228.242 by revising
paragraphs (a)(2) and (a)(3) to read:
§ 1228.242 What does an agency have to
do to certify a fire-safety detection and
suppression system?
(a) * * *
(2) A report of the results of
independent live fire testing (Factory
Mutual, Underwriters Laboratories or
Southwest Research Institute); or
(3) A report under seal of a licensed
fire protection engineer that:
(i) Describes the design intent of the
fire suppression system to limit the
maximum anticipated loss in any single
fire event involving a single ignition and
no more than 8 fluid ounces of
petroleum-type hydrocarbon accelerant
(such as, for example, heptanes or
gasoline) to a maximum of 300 cubic
feet of Federal records destroyed by fire.
The report need not predict a maximum
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single event loss at any specific number,
but rather should describe the design
intent of the fire suppression system.
The report may make reasonable
engineering and other assumptions such
as that the fire department responds
within XX minutes (the local fire
department’s average response time)
and promptly commences suppression
actions. In addition, any report prepared
under this paragraph should assume
that the accelerant is saturated in a
cotton wick that is 3 inches in diameter
and 6 inches long and sealed in a plastic
bag and that the fire is started in an aisle
at the face of a carton at floor level.
Assumptions must be noted in the
report;
(ii) Details the characteristics of the
system; and
(iii) Describes the specific measures
beyond the minimum features required
by the applicable building code that
have been incorporated to limit
destruction of records. The report
should make specific references to
industry standards used in the design,
such as those issued by the National
Fire Protection Association, and any
testing or modeling or other sources
used in the design.
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Dated: June 29, 2005.
Allen Weinstein,
Archivist of the United States.
[FR Doc. 05–17097 Filed 8–26–05; 8:45 am]
BILLING CODE 7515–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 81
[OAR–2003–0090; FRL–7959–2]
[RIN 2060–AN04]
Extension of the Deferred Effective
Date for 8-Hour Ozone National
Ambient Air Quality Standards for
Early Action Compact Areas
Environmental Protection
Agency (EPA).
ACTION: Final Rule.
AGENCY:
SUMMARY: The EPA is finalizing the
extension of the deferred effective date
of air quality designations for 14 areas
of the country that have entered into
Early Action Compacts. Early Action
Compact areas have agreed to reduce
ground-level ozone pollution earlier
than the Clean Air Act (CAA) requires.
On April 30, 2004, EPA published an
action designating all areas of the
country for the 8-hour ozone National
Ambient Air Quality Standards
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Federal Register / Vol. 70, No. 166 / Monday, August 29, 2005 / Rules and Regulations
(NAAQS). In the designation rule, EPA
deferred the effective date of the
nonattainment designation for 14 areas
that had entered into Early Action
Compacts until September 30, 2005. The
EPA is now extending the deferred
effective date of the nonattainment
designation for all 14 Early Action
Compact areas until December 31, 2006.
DATES: This final rule is effective on
September 28, 2005.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
no. OAR–2003–0090 (Early Action
Compacts). All documents in the docket
are listed in the EDOCKET index at
https://www.epa.gov/edocket. Although
listed in the index, some information is
not publicly available, i.e., Confidential
Business Information (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 EDOCKET or in hard
copy at the Docket, EPA/DC, EPA West,
Room B102, 1301 Constitution Ave.,
NW., Washington, DC. The Public
Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone
number for the Public Reading Room is
(202) 566–1744, and the telephone
number for the Office of Air and
Radiation Docket is (202) 566–1742. In
addition, we have placed a copy of the
rule and a variety of materials relevant
to Early Action Compact areas on EPA’s
website at https://www.epa.gov/ttn/
naaqs/ozone/eac/.
FOR FURTHER INFORMATION CONTACT: Ms.
Barbara Driscoll, Office of Air Quality
Planning and Standards, U.S.
Environmental Protection Agency, Mail
Code C504–02, Research Triangle Park,
NC 27711, phone number (919) 541–
1051 or by e-mail at:
driscoll.barbara@epa.gov or Mr. David
Cole, Office of Air Quality Planning and
Standards, U.S. Environmental
Protection Agency, Mail Code C539–02,
Research Triangle Park, NC 27711,
phone number (919) 541–5565 or by
e-mail at: cole.david@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
The following is an outline of the
preamble.
I. What is the Purpose of this
Document?
II. What Action has EPA Taken to Date
for Early Action Compact Areas?
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A. What progress are compact areas
making toward completing their
milestones?
B. What is today’s final action for
compact areas?
C. What is EPA’s schedule for taking
further action to further defer the
effective date of nonattainment
designation for compact areas?
D. What comments did EPA receive on
the June 8, 2005 proposal to extend the
deferral of the effective date of the
nonattainment designations for 14 Early
Action Compact areas?
III. Statutory and Executive Order
Reviews
A. Executive Order 12866: Regulatory
Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation
and Coordination with Indian Tribal
Governments
G. Executive Order 13045: Protection of
Children from Environmental Health
and Safety Risks
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
I. National Technology Transfer
Advancement Act
J. Executive Order 12898: Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations
K. Congressional Review Act
L. Petitions for Judicial Review
I.What is the Purpose of this Document?
The purpose of this document is to
finalize the extension of the deferred
effective date of the 8-hour ozone
nonattainment designations for 14
participants in Early Action Compacts.
The new effective designation date is
December 31, 2006.
II. What Action has EPA Taken to Date
for Early Action Compact Areas?
This section discusses EPA’s actions
to date with respect to deferring the
effective date of nonattainment
designations for certain areas of the
country that are participating in the
Early Action Compact program. The
EPA’s April 30, 2004 air quality
designation rule (68 FR 70108) provides
a description of the compact approach,
the requirements for areas participating
in the program and the impacts of the
program on those areas.
On December 31, 2002, we entered
into compacts with 33 communities. To
receive the first deferral, these Early
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50989
Action Compact areas agreed to reduce
ground-level ozone pollution earlier
than the CAA would require. On
December 16, 2003 (68 FR 70108), we
published a proposed rule to defer until
September 30, 2005, the effective date of
designation for Early Action Compact
areas that did not meet the 8-hour ozone
NAAQS. Fourteen of the 33 compact
areas did not meet the 8-hour ozone
NAAQS.
The final designation rule published
April 30, 2004 (69 FR 23858) as
amended June 18, 2004 (69 FR 34080),
included the following actions for
compact areas: deferred the effective
date of nonattainment designation for 14
compact areas until September 30, 2005;
detailed the progress compact areas had
made toward completing their
milestones; described the actions
required for compact areas in order to
remain eligible for a deferred effective
date for a nonattainment designation;
detailed EPA’s schedule for taking
further action to determine whether to
further defer the effective date of
nonattainment designations; and
described the consequences for compact
areas that do not meet a milestone.1
On June 8, 2005 (70 FR 33409), we
proposed to extend the deferred
effective date for those same 14 areas
from September 30, 2005 to December
31, 2006, and provided an update on the
progress the compact areas had been
making.
A. What progress are compact areas
making toward completing their
milestones?
Since the April 2004 designations,
two EAC areas that were designated
attainment for the 8-hour ozone NAAQS
have withdrawn from the compact
process.2
In this section, we describe the status
of the Early Action Compact areas’
progress toward meeting their
milestones. In general, the remaining 29
compact areas have made progress
toward timely completion of their
milestones. A compiled list of local
measures is found on EPA’s website for
compact areas at: https://www.epa.gov/
ttn/naaqs/ozone/eac/. By December 31,
2004, all States with compacts were
required to submit to EPA State
Implementation Plan (SIP) revisions
with locally adopted measures which if
1 Out of 31 active compact areas, 17 were meeting
the 8-hour ozone NAAQS at the time of designation
in April 2004 and were designated attainment with
an effective date of June 15,2004. This final rule
only addresses the 14 areas that were designated in
the April 2004 rule as nonattainment with a
deferred effective date of September 30, 2005.
2 Haywood and Putnam Counties, TN decided to
withdraw from the compact arrangement.
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Federal Register / Vol. 70, No. 166 / Monday, August 29, 2005 / Rules and Regulations
approved by EPA, are federally
enforceable. Notices for each of the
proposed SIP revisions were published
in the Federal Register by the respective
EPA Regional Office. For each of the 14
EAC areas with a deferred
nonattainment designation date of
September 30, 2005, EPA has taken final
action approving the SIP revisions as
meeting the EAC Protocol and EPA’s
EAC regulations at 40 CFR 81.300 as
indicated in Table 1.
TABLE 1. REGIONAL OFFICES ISSUING FEDERAL REGISTER NOTICES ON EARLY ACTION COMPACT SIP REVISIONS
Regional Offices
States
Makeba Morris, Branch Chief, Air Quality Planning
Branch, EPA Region III, 1650 Arch Street, Philadelphia, PA 19103–2187, (215) 814–2187
Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, and West Virginia
August 9, 2005
Richard A. Schutt, Chief, Regulatory Development
Section, EPA Region IV, Sam Nunn Atlanta Federal Center, 61 Forsyth Street, SW, 12th Floor, Atlanta, GA 30303, (404) 562–9033
Alabama, Florida, Georgia, Kentucky, Mississippi,
North Carolina, South Carolina, and Tennessee
August 15, 2005
Rebecca Weber, Associate Director, Air Programs,
EPA Region VI, 1445 Ross Avenue, Dallas, TX
75202, (214) 665–6656
Arkansas, Louisiana, New Mexico, Oklahoma, and
Texas
August 12, 2005
Richard R. Long, Director, Air and Radiation Program, EPA Region VIII, 999 18th Street, Suite
300, Denver, CO 80202–2466, (303) 312–6005
Colorado, Montana, North Dakota, South Dakota,
Utah, and Wyoming
August 2, 2005
B. What is today’s final action for
compact areas?
Today, we are extending the deferred
effective date of the nonattainment
designation for 14 compact areas. In
final rulemaking actions taken by the
EPA regional offices, as indicated in
Table 1, we have concluded that these
14 areas have met all required compact
milestones including the December 31,
2004 submission. Because these areas
have met these milestones, they are
eligible for a further deferral of their
nonattainment designation for the
8-hour ozone NAAQS. See 40 CFR
Date SIP Revision Signed
81.300(e)(4)(ii). We are further deferring
until December 31, 2006 the effective
date of the 8-hour ozone nonattainment
designation for the compact area
counties listed in Table 2 and are
revising 40 CFR part 81 to reflect this
extension.
TABLE 2. COMPACT AREAS WHICH QUALIFY FOR A DEFERRED EFFECTIVE DATE OF DECEMBER 31, 2006
NOTE: NAME OF DESIGNATED 8-HOUR OZONE NONATTAINMENT AREA IS IN PARENTHESES.
State
Counties with designation deferred to
December 31, 2006
Compact Area (Designated Area)
Counties which are part of compacts and are designated
unclassifiable/attainment
EPA Region 3
VA
Northern Shenandoah Valley Region
(Frederick County, VA), adjacent to Washington,
DC–MD–VA
Winchester City
Frederick County
VA
Roanoke Area
(Roanoke, VA)
Roanoke County
Botetourt County
Roanoke City
Salem City
MD
Washington County
(Washington County Hagerstown, MD), adjacent
to Washington, DC–MD–VA
Washington County
WV
The Eastern Pan Handle Region (Berkeley &
Jefferson Counties, WV), Martinsburg area
Berkeley County
Jefferson County
EPA Region 4
NC
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(Hickory–Morganton–Lenoir, NC)
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Catawba County
Alexander County
Burke County (part)
Caldwell County (part)
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50991
TABLE 2. COMPACT AREAS WHICH QUALIFY FOR A DEFERRED EFFECTIVE DATE OF DECEMBER 31, 2006—Continued
NOTE: NAME OF DESIGNATED 8-HOUR OZONE NONATTAINMENT AREA IS IN PARENTHESES.
State
Counties which are part of compacts and are designated
unclassifiable/attainment
Counties with designation deferred to
December 31, 2006
Compact Area (Designated Area)
NC
Triad
(Greensboro–Winston–Salem–High Point, NC)
Randolph County
Forsyth County
Davie County
Alamance County
Caswell County
Davidson County
Guilford County
Rockingham County
Surry County
Yadkin County
Stokes County
NC
Cumberland County
(Fayetteville, NC)
Cumberland County
SC
Appalachian – A
(Greenville–Spartanburg–Anderson, SC)
Spartanburg County
Greenville County
Anderson County
Cherokee County
Pickens County
Oconee County
SC
Central Midlands – I
(Columbia area)
Richland County (part)
Lexington County (part)
Newberry County
Fairfield County
TN/GA
Chattanooga
(Chattanooga, TN–GA)
Hamilton County,TN
Meigs County, TN
Catoosa County, GA
Marion County, TN
Walker County, GA
TN
Nashville
(Nashville, TN)
Davidson County
Rutherford County
Williamson County
Wilson County
Sumner County
Robertson County
Cheatham County
Dickson County
TN
Johnson City–Kingsport–Bristol Area
(TN portion only)
Sullivan Co, TN
Hawkins County, TN
Washington Co, TN
Unicoi County, TN
Carter County, TN
Johnson County, TN
EPA Region 6
TX
San Antonio
Bexar County
Comal County
Guadalupe County
Wilson County
EPA Region 8
CO
Denver
(Denver–Boulder–Greeley–Ft. Collins–Love, CO)
C. What is EPA’s schedule for taking
further action to further defer the
effective date of nonattainment
designation for compact areas?
Following promulgation of this
extension, we would propose and as
appropriate, promulgate a further
extension of the deferred effective date
until April 15, 2008, for those areas that
continue to meet all compact milestones
through December 31, 2006. No later
than April 15, 2008, we will determine
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Denver County
Boulder County (includes
Rocky Mtn Nat. Park)
Jefferson County
Douglas County
Broomfield
Adams County
Arapahoe County
Larimer County (part)
Weld County (part)
whether the compact areas that received
a deferred effective date of April 15,
2008 have attained the 8-hour ozone
NAAQS by December 31, 2007, and
have met all compact milestones. If the
area has not attained the standard, the
nonattainment designation will take
effect. If the compact area has attained
the standard, EPA will designate the
area as attainment. Any compact area
that has not attained the NAAQS and
thus has an effective nonattainment
designation will be subject to the full
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part
of
planning requirements of title I, part D
of the CAA, and the area will be
required to submit a revised attainment
demonstration SIP within 1 year of the
effective date of designation.
D. What comments did EPA receive on
the June 8, 2005 proposal to extend the
deferral of the effective date of the
nonattainment designations for 14 Early
Action Compact areas?
We received a number of comments
on the proposed rule to extend the
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deferred effective date of the
nonattainment designations for 14 Early
Action Compact areas to December 31,
2006. We have responded to the
significant comments in this section.
There are additional comments to which
we do not respond in this notice;
however, all comments and responses
are included in the docket for this
rulemaking (OAR–2003–0090).
Comment: Several commenters
expressed support for the compact
process, the goal of clean air sooner, the
incentives and flexibility the program
provides for encouraging early
reductions of ozone-forming pollution,
and the deferred effective date of
nonattainment designation. However, a
number of commenters opposed the
Early Action Compact program. Several
of these commenters expressed concern
about various legal aspects of the
program, primarily the deferral of the
effective date of the nonattainment
designation for these areas. Although
some of these commenters were
supportive of the goal of proactively
addressing the public health concerns
associated with ozone pollution, the
commenters state that the program is
not authorized by the CAA. All of these
commenters indicated that EPA lacks
authority under the CAA to defer the
effective date of a nonattainment
designation. In addition, these
commenters state that EPA lacks
authority to enter into Early Action
Compacts with areas and lacks authority
to allow areas to be relieved of
obligations under title I, part D of the
CAA while these areas are violating the
8-hour ozone standard or are designated
nonattainment for that standard. One
comment submitted by several groups
attached comments that the commenters
had submitted on EPA’s December 16,
2003, proposed rule to defer the
nonattainment designation for EAC
areas that had met the EAC milestones.
Response: We have determined that
the compact program, as designed, gives
local areas the flexibility to develop
their own approach to meeting the
8-hour ozone standard. The
participating communities are serious in
their commitment and have made good
progress implementing State and local
measures for controlling emissions from
local sources earlier than the CAA
would otherwise require. By involving
diverse stakeholders, including
representatives from industry, local and
State governments, and local
environmental and citizens groups, a
number of these communities are, for
the first time, cooperating on a regional
basis to solve environmental problems
that affect the health and welfare of
their citizens. People living in these
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areas realize reductions in pollution
levels sooner and will enjoy the health
benefits of cleaner air sooner than might
otherwise occur. With respect to the
commenter who attached comments that
were submitted on EPA’s initial
proposal to defer the effective date of a
nonattainment designation of EAC areas
meeting compact milestones, we refer
back to our response to those comments
in the April 2004 designation rule (69
FR 23858).
Comment: One commenter disagreed
with.....‘‘EPA’s assessment that the
proposed rule does not constitute a
‘‘significant regulatory action’’ (see 70
FR 33412)’’..... The
commenter.....‘‘believes that condition 4
of that finding has been met (raise novel
legal or policy issues arising out of legal
mandates, the President’s priorities, or
the principles set forth in the Executive
Order.)’’
Response: The Office of Management
and Budget which has responsibility for
implementing Executive Order 12866,
has determined that the June 8, 2005
proposed rule (70 FR 33409) is not a
significant regulatory action.
Comment: One commenter also had
several very specific comments on the
contents of the South Carolina SIP
related to such items as maintenance
and growth tracking, need to show
satisfactory progress, air quality
protection and growth review.
Response: A detailed response to
these comments is included in the
Response to Comments document for
this rulemaking which is in the docket
(OAR–2003–0090).
III. Statutory and Executive Order
Reviews
This action finalizes the extension of
the deferred effective date of the
nonattainment designation for 14
compact areas until December 30, 2006.
A. Executive Order 12866: Regulatory
Planning and Review
Under Executive Order 12866 (58 FR
51735, October 4, 1993), the Agency
must determine whether the regulatory
action is ‘‘significant’’ and, therefore,
subject to Office of Management and
Budget (OMB) review and the
requirements of the Executive Order.
The Order defines ‘‘significant
regulatory action’’ as one that is likely
to result in a rule that may:
(1) have an annual effect on the
economy of $100 million or more or
adversely affect in a material way the
economy, a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
State, local, or Tribal governments or
communities;
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(2) create a serious inconsistency or
otherwise interfere with an action taken
or planned by another agency;
(3) materially alter the budgetary
impact of entitlements, grants, user fees,
or loan programs or the rights and
obligations of recipients thereof; or
(4) raise novel legal or policy issues
arising out of legal mandates, the
President’s priorities, or the principles
set forth in the Executive Order.
It has been determined that this rule
is not a ‘‘significant regulatory action’’
under the terms of Executive Order
12866 and is therefore not subject to
OMB review.
B. Paperwork Reduction Act
This action does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act, 44 U.S.C. 3501 et seq. This final
rule does not require the collection of
any information.
Burden means the total time, effort, or
financial resources expended by persons
to generate, maintain, retain, or disclose
or provide information to or for a
Federal agency. This includes the time
needed to review instructions; develop,
acquire, install, and utilize technology
and systems for the purposes of
collecting, validating, and verifying
information, processing and
maintaining information, and disclosing
and providing information; adjust the
existing ways to comply with any
previously applicable instructions and
requirements; train personnel to be able
to respond to a collection of
information; search data sources;
complete and review the collection of
information; and transmit or otherwise
disclose the information.
An agency may not conduct or
sponsor, and a person is not required to
respond to a collection of information
unless it displays a currently valid OMB
control number. The OMB control
numbers for EPA’s regulations in 40
CFR are listed in 40 CFR part 9.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA)
generally requires an Agency to prepare
a regulatory flexibility analysis of any
rule subject to notice and comment
rulemaking requirements under the
Administrative Procedures Act or any
other statute unless the Agency certifies
the rule will not have a significant
economic impact on a substantial
number of small entities. Small entities
include small businesses, small
organizations, and small governmental
jurisdictions.
For purposes of assessing the impacts
of today’s final rule on small entities,
small entity is defined as: (1) a small
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business that is a small industrial entity
as defined in the Small Business
Administration’s (SBA) regulations at 13
CFR 121.201; (2) a small governmental
jurisdiction that is a government of a
city, county, town, school district or
special district with a population of less
than 50,000; and (3) a small
organization that is any not-for-profit
enterprise which is independently
owned and operated and is not
dominant in its field.
After considering the economic
impacts of today’s final rule on small
entities, I certify that this rule will not
have a significant economic impact on
a substantial number of small entities.
This final rule will not impose any
requirements on small entities. Rather,
this rule would extend the deferred
effective date of the nonattainment
designation for areas that implement
control measures and achieve emissions
reductions earlier than otherwise
required by the CAA in order to attain
the 8-hour ozone NAAQS.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA), Public
Law 104–4, establishes requirements for
Federal agencies to assess the effects of
their regulatory actions on State, local,
and Tribal governments and the private
sector. Under section 202 of the UMRA,
EPA generally must prepare a written
statement, including a cost–benefit
analysis, for proposed and final rules
with ‘‘Federal mandates’’ that may
result in expenditures to State, local,
and Tribal governments, in the
aggregate, or to the private sector, of
$100 million or more in any 1 year.
Before promulgating an EPA rule for
which a written statement is needed,
section 205 of the UMRA generally
requires EPA to identify and consider a
reasonable number of regulatory
alternatives and adopt the least costly,
most cost-effective or least burdensome
alternative that achieves the objectives
of the rule. The provisions of section
205 do not apply when they are
inconsistent with applicable law.
Moreover, section 205 allows EPA to
adopt an alternative other than the least
costly, most cost-effective or least
burdensome alternative if the
Administrator publishes with the final
rule an explanation why that alternative
was not adopted. Before EPA establishes
any regulatory requirements that may
significantly or uniquely affect small
governments, including Tribal
governments, it must have developed
under section 203 of the UMRA a small
government agency plan. The plan must
provide for notifying potentially
affected small governments, enabling
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15:16 Aug 26, 2005
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officials of affected small governments
to have meaningful and timely input in
the development of EPA regulatory
proposals with significant Federal
intergovernmental mandates, and
informing, educating, and advising
small governments on compliance with
the regulatory requirements.
The EPA has determined that this
final rule does not contain a Federal
mandate that may result in expenditures
of $100 million or more for State, local,
and Tribal governments, in the
aggregate, or the private sector in any 1
year. In this final rule, EPA is deferring
the effective date of nonattainment
designations for certain areas that have
entered into compacts with us. Thus,
today’s final rulemaking is not subject to
the requirements of sections 202 and
205 of the UMRA.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled
‘‘Federalism’’ (64 FR 43255, August 10,
1999), requires EPA to develop an
accountable process to ensure
‘‘meaningful and timely input by State
and local officials in the development of
regulatory policies that have federalism
implications.’’ ‘‘Policies that have
federalism implications’’ is defined in
the Executive Order to include
regulations that 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.’’
This final rule does not have
federalism implications. It will 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. The CAA
establishes the scheme whereby States
take the lead in developing plans to
meet the NAAQS. This final rule would
not modify the relationship of the States
and EPA for purposes of developing
programs to implement the NAAQS.
Thus, Executive Order 13132 does not
apply to this proposed rule.
F. Executive Order 13175: Consultation
and Coordination with Indian Tribal
Governments
Executive Order 13175, entitled
‘‘Consultation and Coordination with
Indian Tribal Governments’’ (65 FR
67249, November 9, 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.’’ This final rule does not
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50993
have ‘‘Tribal implications’’ as specified
in Executive Order 13175. It does not
have a substantial direct effect on one or
more Indian Tribes, since no Tribe has
implemented a CAA program to attain
the 8-hour ozone NAAQS at this time or
has participated in a compact.
G. Executive Order 13045: Protection of
Children from Environmental Health
and Safety Risks
Executive Order 13045: ‘‘Protection of
Children From Environmental Health
and Safety Risks’’ (62 FR 19885, April
23, 1997) applies to any rule that (1) is
determined to be ‘‘economically
significant’’ as defined under Executive
Order 12866, and (2) concerns an
environmental health or safety risk that
EPA has reason to believe may have
disproportionate effect on children. If
the regulatory action meets both criteria,
the Agency must evaluate the
environmental health or safety effects of
the planned rule on children, and
explain why the planned regulation is
preferable to other potentially effective
and reasonably feasible alternatives
considered by the Agency.
The EPA interprets Executive Order
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 final rule is not
subject to Executive Order 13045
because it does not establish an
environmental standard intended to
mitigate health or safety risks.
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This rule is not a subject to Executive
Order 13211, ‘‘Actions Concerning
Regulations That Significantly Affect
Energy Supply, Distribution, or Use’’ (66
FR 28355 (May 22, 2001)) because it is
not a significant regulatory action under
Executive Order 12866.
I. National Technology Transfer
Advancement Act
Section 12(d) of the National
Technology Transfer Advancement Act
of 1995 (NTTAA), Public Law No. 104–
113, section 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus
standards (VCS) in its regulatory
activities unless to do so would be
inconsistent with applicable law or
otherwise impractical. Voluntary
consensus standards are technical
standards (e.g., materials specifications,
test methods, sampling procedures, and
business practices) that are developed or
adopted by VCS bodies. The NTTAA
directs EPA to provide Congress,
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through OMB, explanations when the
Agency decides not to use available and
applicable VCS.
This final rule does not involve
technical standards. Therefore, EPA is
not considering the use of any VCS.
The EPA will encourage States that
have compact areas to consider the use
of such standards, where appropriate, in
the development of their SIPs.
J. Executive Order 12898: Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order 12898 requires that
each Federal agency make achieving
environmental justice part of its mission
by identifying and addressing, as
appropriate, disproportionate high and
adverse human health or environmental
effects of its programs, policies, and
activities on minorities and low-income
populations.
The EPA believes that this final rule
should not raise any environmental
justice issues. The health and
environmental risks associated with
ozone were considered in the
establishment of the 8-hour, 0.08 ppm
ozone NAAQS. The level is designed to
be protective with an adequate margin
of safety.
K. 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. The 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). This rule will be effective
September 28, 2005.
L. Petitions for Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the District of
Columbia Circuit by October 28, 2005.
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
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15:16 Aug 26, 2005
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for judicial review must 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 CAA
Section 307(b)(2).
List of Subjects in 40 CFR Part 81
Environmental protection, Air
pollution control
section, the nonattainment designation
shall become effective as of the deferred
effective date, unless EPA takes
affirmative rulemaking action to further
extend the deadline.
*
*
*
*
*
I 3. In §81.306, the table entitled
‘‘Colorado–Ozone (8-Hour Standard)’’ is
amended by revising footnote 2 to read
as follows:
Authority: 42 U.S.C. 7408; 42 U.S.C. 7410;
42 U.S.C. 7501–7511f; 42 U.S.C. 7601(a)(1).
§ 81.306
Dated: August 16, 2005.
Stephen L. Johnson,
Administrator.
Colorado Ozone (8-Hour Standard)
I
*
*
40 CFR Part 81 is amended as follows:
PART 81 – [Amended]
1. The authority citation for part 81
continues to read as follows:
I
Authority: 42 U.S.C. 7401, et seq.
Colorado.
*
*
*
*
*
*
*
*
*
*
Action Compact Area, effective
date deferred until December 31, 2006.
*
*
*
*
*
I 4. In §81.311, the table entitled
‘‘Georgia–Ozone (8-Hour Standard)’’ is
amended by revising footnote 2 to read
as follows:
2 Early
Subpart C – Section 107 Attainment
Status Designations
§ 81.311
2. Section 81.300 is amended by
revising paragraphs (e)(3)(i) and
(e)(3)(ii)(B) and (C) to read as follows:
Georgia Ozone (8-Hour Standard)
I
§ 81.300
Scope.
Frm 00044
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*
Georgia.
*
*
*
*
*
*
*
*
*
*
Action Compact Area, effective
date deferred until December 31, 2006.
*
*
*
*
*
I 5. In §81.321, the table entitled
‘‘Maryland–Ozone (8-Hour Standard)’’
is amended by revising footnote 2 to
read as follows:
2 Early
*
*
*
*
*
(e) *
*
*
(3) *
*
*
(i) General. Notwithstanding clauses (i)
through (iv) of section 107(d)(1)(B) of
the Clean Air Act (42 U.S.C.
7407(d)(1)(B)), the Administrator shall
defer until December 31, 2006 the
effective date of a nonattainment
designation of any area subject to a
compact that does not meet (or that
contributes to ambient air quality in a
nearby area that does not meet) the
8-hour ozone national ambient air
quality standard if the Administrator
determines that the area subject to a
compact has met the requirements in
paragraphs (e)(2)(i) through (iii) of this
section.
(ii) *
*
*
(B) Prior to expiration of the deferred
effective date on December 31, 2006, if
the Administrator determines that an
area or the State subject to a compact
has not met either requirement in
paragraphs (e)(2)(iv) and (v) of this
section, the nonattainment designation
shall become effective as of the deferred
effective date, unless EPA takes
affirmative rulemaking action to further
extend the deadline.
(C) If the Administrator determines that
an area subject to a compact and/or
State has not met any requirement in
paragraphs (e)(2)(iv) through (vi) of this
PO 00000
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*
Maryland.
*
*
*
*
Maryland Ozone (8-Hour Standard)
*
*
*
*
*
*
*
Action Compact Area, effective
date deferred until December 31, 2006.
*
*
*
*
*
I 6. In §81.334, the table entitled
‘‘North Carolina–Ozone (8-Hour
Standard)’’ is amended by revising
footnote 2 to read as follows:
2 Early
§ 81.334
*
North Carolina.
*
*
*
*
North Carolina Ozone (8-Hour
Standard)
*
*
*
*
*
*
*
Action Compact Area, effective
date deferred until December 31, 2006.
*
*
*
*
*
I 7. In §81.341, the table entitled
‘‘South Carolina–Ozone (8-Hour
Standard)’’ is amended by revising
footnote 2 to read as follows:
2 Early
§ 81.341
*
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*
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*
*
*
Federal Register / Vol. 70, No. 166 / Monday, August 29, 2005 / Rules and Regulations
South Carolina Ozone (8-Hour
Standard)
*
*
*
*
*
[FR Doc. 05–17038 Filed 8–26–05; 8:45 am]
*
*
*
*
*
Action Compact Area, effective
date deferred until December 31, 2006.
*
*
*
*
*
I 8. In §81.343, the table entitled
‘‘Tennessee–Ozone (8-Hour Standard)’’
is amended by revising footnote 2 to
read as follows:
BILLING CODE 6560–50–S
§ 81.343
[Docket No. 041126332–5039–02; I.D.
082305B]
*
*
2 Early
*
Tennessee.
*
*
*
*
Tennessee Ozone (8-Hour Standard)
*
*
*
*
*
*
*
Action Compact Area, effective
date deferred until December 31, 2006.
*
*
*
*
*
I 9. In §81.344, the table entitled
‘‘Texas–Ozone (8-Hour Standard)’’ is
amended by revising footnote 2 to read
as follows:
2 Early
§ 81.344
*
Texas.
*
*
*
*
Texas Ozone (8-Hour Standard)
*
*
*
*
*
*
*
Action Compact Area, effective
date deferred until December 31, 2006.
*
*
*
*
*
I 10. In §81.347, the table entitled
‘‘Virginia–Ozone (8-Hour Standard)’’ is
amended by revising footnote 2 to read
as follows:
2 Early
§ 81.347
*
Virginia.
*
*
*
*
Virginia Ozone (8-Hour Standard)
*
*
*
*
*
*
*
Action Compact Area, effective
date deferred until December 31, 2006.
*
*
*
*
*
I 11. In §81.349, the table entitled
‘‘West Virginia–Ozone (8-Hour
Standard)’’ is amended by revising
footnote 2 to read as follows:
2 Early
§ 81.349
*
West Virgina.
*
*
*
*
West Virginia Ozone (8-Hour Standard)
*
*
*
*
*
*
*
Action Compact Area, effective
date deferred until December 31, 2006.
2 Early
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
Fisheries of the Exclusive Economic
Zone Off Alaska; Yellowfin Sole in the
Bering Sea and Aleutian Islands
Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; prohibition of
retention.
AGENCY:
SUMMARY: NMFS is prohibiting retention
of yellowfin sole in the Bering Sea and
Aleutian Islands management area
(BSAI). NMFS is requiring that catch of
yellowfin sole in this area be treated in
the same manner as prohibited species
and discarded at sea with a minimum of
injury. This action is necessary because
the 2005 total allowable catch (TAC) of
yellowfin sole in the BSAI has been
reached.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), August 24, 2005, until 2400
hrs, A.l.t., December 31, 2005.
FOR FURTHER INFORMATION CONTACT: Josh
Keaton, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
BSAI exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Bering Sea
and Aleutian Islands Management Area
(FMP) prepared by the North Pacific
Fishery Management Council under
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act. Regulations governing fishing by
U.S. vessels in accordance with the FMP
appear at subpart H of 50 CFR part 600
and 50 CFR part 679.
The 2005 TAC of yellowfin sole in the
BSAI was established as 83,883 metric
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50995
tons by the 2005 and 2006 final harvest
specifications for groundfish in the
BSAI (70 FR 8979, February 24, 2005)
and the apportionment of the nonspecified reserve to the yellowfin sole
TAC on July 28, 2005 (70 FR 43644, July
28, 2005).
In accordance with § 679.20(d)(2), the
Administrator, Alaska Region, NMFS,
has determined that the yellowfin sole
TAC in the BSAI has been reached.
Therefore, NMFS is requiring that
further catches of yellowfin sole in the
BSAI be treated as a prohibited species
in accordance with § 679.21(b).
Classification
This action responds to the best
available information recently obtained
from the fishery. The Assistant
Administrator for Fisheries, NOAA,
(AA), finds good cause to waive the
requirement to provide prior notice and
opportunity for public comment
pursuant to the authority set forth at 5
U.S.C. 553(b)(B) as such a requirement
is impracticable and contrary to the
public interest. This requirement is
impracticable and contrary to the public
interest as it would prevent NMFS from
responding to the most recent fisheries
data in a timely fashion and would
delay the prohibition of retention of
yellowfin sole in the BSAI. NMFS was
unable to publish a notice providing
time for public comment because the
most recent, relevant data only became
available as of August 22, 2005.
The AA also finds good cause to
waive the 30-day delay in the effective
date of this action under 5 U.S.C.
553(d)(3). This finding is based upon
the reasons provided above for waiver of
prior notice and opportunity for public
comment.
This action is required by § 679.20
and is exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: August 23, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 05–17141 Filed 8–24–05; 2:52 pm]
BILLING CODE 3510–22–S
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]]>Agencies
[Federal Register Volume 70, Number 166 (Monday, August 29, 2005)]
[Rules and Regulations]
[Pages 50988-50995]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-17038]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[OAR-2003-0090; FRL-7959-2]
[RIN 2060-AN04]
Extension of the Deferred Effective Date for 8-Hour Ozone
National Ambient Air Quality Standards for Early Action Compact Areas
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final Rule.
-----------------------------------------------------------------------
SUMMARY: The EPA is finalizing the extension of the deferred effective
date of air quality designations for 14 areas of the country that have
entered into Early Action Compacts. Early Action Compact areas have
agreed to reduce ground[hyphen]level ozone pollution earlier than the
Clean Air Act (CAA) requires. On April 30, 2004, EPA published an
action designating all areas of the country for the 8[hyphen]hour ozone
National Ambient Air Quality Standards
[[Page 50989]]
(NAAQS). In the designation rule, EPA deferred the effective date of
the nonattainment designation for 14 areas that had entered into Early
Action Compacts until September 30, 2005. The EPA is now extending the
deferred effective date of the nonattainment designation for all 14
Early Action Compact areas until December 31, 2006.
DATES: This final rule is effective on September 28, 2005.
ADDRESSES: The EPA has established a docket for this action under
Docket ID no. OAR-2003-0090 (Early Action Compacts). All documents in
the docket are listed in the EDOCKET index at https://www.epa.gov/
edocket. Although listed in the index, some information is not publicly
available, i.e., Confidential Business Information (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
EDOCKET or in hard copy at the Docket, EPA/DC, EPA West, Room B102,
1301 Constitution Ave., NW., Washington, DC. The Public Reading Room is
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays. The telephone number for the Public Reading Room is
(202) 566-1744, and the telephone number for the Office of Air and
Radiation Docket is (202) 566-1742. In addition, we have placed a copy
of the rule and a variety of materials relevant to Early Action Compact
areas on EPA's website at https://www.epa.gov/ttn/naaqs/ozone/eac/.
FOR FURTHER INFORMATION CONTACT: Ms. Barbara Driscoll, Office of Air
Quality Planning and Standards, U.S. Environmental Protection Agency,
Mail Code C504-02, Research Triangle Park, NC 27711, phone number (919)
541-1051 or by e[hyphen]mail at: driscoll.barbara@epa.gov or Mr. David
Cole, Office of Air Quality Planning and Standards, U.S. Environmental
Protection Agency, Mail Code C539-02, Research Triangle Park, NC 27711,
phone number (919) 541-5565 or by e[hyphen]mail at: cole.david@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
The following is an outline of the preamble.
I. What is the Purpose of this Document?
II. What Action has EPA Taken to Date for Early Action Compact Areas?
A. What progress are compact areas making toward completing their
milestones?
B. What is today's final action for compact areas?
C. What is EPA's schedule for taking further action to further defer
the effective date of nonattainment designation for compact areas?
D. What comments did EPA receive on the June 8, 2005 proposal to extend
the deferral of the effective date of the nonattainment designations
for 14 Early Action Compact areas?
III. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination with Indian
Tribal Governments
G. Executive Order 13045: Protection of Children from Environmental
Health and Safety Risks
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
I. National Technology Transfer Advancement Act
J. Executive Order 12898: Federal Actions to Address Environmental
Justice in Minority Populations and Low[hyphen]Income Populations
K. Congressional Review Act
L. Petitions for Judicial Review
I.What is the Purpose of this Document?
The purpose of this document is to finalize the extension of the
deferred effective date of the 8[hyphen]hour ozone nonattainment
designations for 14 participants in Early Action Compacts. The new
effective designation date is December 31, 2006.
II. What Action has EPA Taken to Date for Early Action Compact Areas?
This section discusses EPA's actions to date with respect to
deferring the effective date of nonattainment designations for certain
areas of the country that are participating in the Early Action Compact
program. The EPA's April 30, 2004 air quality designation rule (68 FR
70108) provides a description of the compact approach, the requirements
for areas participating in the program and the impacts of the program
on those areas.
On December 31, 2002, we entered into compacts with 33 communities.
To receive the first deferral, these Early Action Compact areas agreed
to reduce ground[hyphen]level ozone pollution earlier than the CAA
would require. On December 16, 2003 (68 FR 70108), we published a
proposed rule to defer until September 30, 2005, the effective date of
designation for Early Action Compact areas that did not meet the
8[hyphen]hour ozone NAAQS. Fourteen of the 33 compact areas did not
meet the 8[hyphen]hour ozone NAAQS.
The final designation rule published April 30, 2004 (69 FR 23858)
as amended June 18, 2004 (69 FR 34080), included the following actions
for compact areas: deferred the effective date of nonattainment
designation for 14 compact areas until September 30, 2005; detailed the
progress compact areas had made toward completing their milestones;
described the actions required for compact areas in order to remain
eligible for a deferred effective date for a nonattainment designation;
detailed EPA's schedule for taking further action to determine whether
to further defer the effective date of nonattainment designations; and
described the consequences for compact areas that do not meet a
milestone.1
---------------------------------------------------------------------------
\1\ Out of 31 active compact areas, 17 were meeting the
8[hyphen]hour ozone NAAQS at the time of designation in April 2004
and were designated attainment with an effective date of June
15,2004. This final rule only addresses the 14 areas that were
designated in the April 2004 rule as nonattainment with a deferred
effective date of September 30, 2005.
---------------------------------------------------------------------------
On June 8, 2005 (70 FR 33409), we proposed to extend the deferred
effective date for those same 14 areas from September 30, 2005 to
December 31, 2006, and provided an update on the progress the compact
areas had been making.
A. What progress are compact areas making toward completing their
milestones?
Since the April 2004 designations, two EAC areas that were
designated attainment for the 8[hyphen]hour ozone NAAQS have withdrawn
from the compact process.\2\
---------------------------------------------------------------------------
\2\ Haywood and Putnam Counties, TN decided to withdraw from the
compact arrangement.
---------------------------------------------------------------------------
In this section, we describe the status of the Early Action Compact
areas' progress toward meeting their milestones. In general, the
remaining 29 compact areas have made progress toward timely completion
of their milestones. A compiled list of local measures is found on
EPA's website for compact areas at: https://www.epa.gov/ttn/naaqs/ozone/
eac/. By December 31, 2004, all States with compacts were required to
submit to EPA State Implementation Plan (SIP) revisions with locally
adopted measures which if
[[Page 50990]]
approved by EPA, are federally enforceable. Notices for each of the
proposed SIP revisions were published in the Federal Register by the
respective EPA Regional Office. For each of the 14 EAC areas with a
deferred nonattainment designation date of September 30, 2005, EPA has
taken final action approving the SIP revisions as meeting the EAC
Protocol and EPA's EAC regulations at 40 CFR 81.300 as indicated in
Table 1.
Table 1. Regional Offices Issuing Federal Register Notices on Early
Action Compact SIP Revisions
------------------------------------------------------------------------
Date SIP Revision
Regional Offices States Signed
------------------------------------------------------------------------
Makeba Morris, Branch Delaware, District of August 9, 2005
Chief, Air Quality Columbia, Maryland,
Planning Branch, EPA Pennsylvania, Virginia,
Region III, 1650 Arch and West Virginia
Street, Philadelphia, PA
19103-2187, (215) 814-
2187
--------------------------
Richard A. Schutt, Chief, Alabama, Florida, August 15, 2005
Regulatory Development Georgia, Kentucky,
Section, EPA Region IV, Mississippi, North
Sam Nunn Atlanta Federal Carolina, South
Center, 61 Forsyth Carolina, and Tennessee
Street, SW, 12th Floor,
Atlanta, GA 30303, (404)
562-9033
--------------------------
Rebecca Weber, Associate Arkansas, Louisiana, New August 12, 2005
Director, Air Programs, Mexico, Oklahoma, and
EPA Region VI, 1445 Ross Texas
Avenue, Dallas, TX
75202, (214) 665-6656
--------------------------
Richard R. Long, Colorado, Montana, North August 2, 2005
Director, Air and Dakota, South Dakota,
Radiation Program, EPA Utah, and Wyoming
Region VIII, 999 18th
Street, Suite 300,
Denver, CO 80202-2466,
(303) 312-6005
------------------------------------------------------------------------
B. What is today's final action for compact areas?
Today, we are extending the deferred effective date of the
nonattainment designation for 14 compact areas. In final rulemaking
actions taken by the EPA regional offices, as indicated in Table 1, we
have concluded that these 14 areas have met all required compact
milestones including the December 31, 2004 submission. Because these
areas have met these milestones, they are eligible for a further
deferral of their nonattainment designation for the 8[hyphen]hour ozone
NAAQS. See 40 CFR 81.300(e)(4)(ii). We are further deferring until
December 31, 2006 the effective date of the 8[hyphen]hour ozone
nonattainment designation for the compact area counties listed in Table
2 and are revising 40 CFR part 81 to reflect this extension.
Table 2. Compact Areas Which Qualify for a Deferred Effective Date of
December 31, 2006
NOTE: Name of designated 8[hyphen]hour ozone nonattainment area is in
parentheses.
------------------------------------------------------------------------
Counties which are
Counties with part of compacts
State Compact Area designation and are designated
(Designated Area) deferred to unclassifiable/
December 31, 2006 attainment
------------------------------------------------------------------------
EPA Region 3
------------------------------------------------------------------------
VA Northern Shenandoah Winchester City
Valley Region Frederick County
(Frederick County,
VA), adjacent to
Washington, DC-MD-
VA
-----------
VA Roanoke Area Roanoke County
(Roanoke, VA) Botetourt County
Roanoke City
Salem City
-----------
MD Washington County Washington County
(Washington County
Hagerstown, MD),
adjacent to
Washington, DC-MD-
VA
-----------
WV The Eastern Pan Berkeley County
Handle Region Jefferson County
(Berkeley &
Jefferson Counties,
WV), Martinsburg
area
-----------
EPA Region 4
------------------------------------------------------------------------
NC Unifour Catawba County
(Hickory-Morganton-L Alexander County
enoir, NC) Burke County
(part)
Caldwell County
(part)
[[Page 50991]]
NC Triad Randolph County Surry County
(Greensboro-Winston- Forsyth County Yadkin County
Salem-High Point, Davie County Stokes County
NC) Alamance County
Caswell County
Davidson County
Guilford County
Rockingham County
-----------
NC Cumberland County Cumberland County
(Fayetteville, NC)
-----------
SC Appalachian - A Spartanburg Cherokee County
(Greenville-Spartanb County Pickens County
urg-Anderson, SC) Greenville Oconee County
County
Anderson County
-----------
SC Central Midlands - I Richland County Newberry County
(Columbia area) (part) Fairfield County
Lexington County
(part)
-----------
TN/GA Chattanooga Hamilton Marion County, TN
(Chattanooga, TN-GA) County,TN Walker County, GA
Meigs County, TN
Catoosa County,
GA
-----------
TN Nashville Davidson County Robertson County
(Nashville, TN) Rutherford County Cheatham County
Williamson County Dickson County
Wilson County
Sumner County
-----------
TN Johnson City- Sullivan Co, TN Washington Co, TN
Kingsport-Bristol Hawkins County, Unicoi County, TN
Area TN Carter County, TN
(TN portion only) Johnson County, TN
-----------
EPA Region 6
------------------------------------------------------------------------
TX San Antonio Bexar County Wilson County
Comal County
Guadalupe County
-----------
EPA Region 8
------------------------------------------------------------------------
CO Denver Denver County
(Denver-Boulder-Gree Boulder County
ley-Ft. Collins- (includes part
Love, CO) of Rocky Mtn
Nat. Park)
Jefferson County
Douglas County
Broomfield
Adams County
Arapahoe County
Larimer County
(part)
Weld County
(part)
------------------------------------------------------------------------
C. What is EPA's schedule for taking further action to further defer
the effective date of nonattainment designation for compact areas?
Following promulgation of this extension, we would propose and as
appropriate, promulgate a further extension of the deferred effective
date until April 15, 2008, for those areas that continue to meet all
compact milestones through December 31, 2006. No later than April 15,
2008, we will determine whether the compact areas that received a
deferred effective date of April 15, 2008 have attained the
8[hyphen]hour ozone NAAQS by December 31, 2007, and have met all
compact milestones. If the area has not attained the standard, the
nonattainment designation will take effect. If the compact area has
attained the standard, EPA will designate the area as attainment. Any
compact area that has not attained the NAAQS and thus has an effective
nonattainment designation will be subject to the full planning
requirements of title I, part D of the CAA, and the area will be
required to submit a revised attainment demonstration SIP within 1 year
of the effective date of designation.
D. What comments did EPA receive on the June 8, 2005 proposal to extend
the deferral of the effective date of the nonattainment designations
for 14 Early Action Compact areas?
We received a number of comments on the proposed rule to extend the
[[Page 50992]]
deferred effective date of the nonattainment designations for 14 Early
Action Compact areas to December 31, 2006. We have responded to the
significant comments in this section. There are additional comments to
which we do not respond in this notice; however, all comments and
responses are included in the docket for this rulemaking (OAR-2003-
0090).
Comment: Several commenters expressed support for the compact
process, the goal of clean air sooner, the incentives and flexibility
the program provides for encouraging early reductions of
ozone[hyphen]forming pollution, and the deferred effective date of
nonattainment designation. However, a number of commenters opposed the
Early Action Compact program. Several of these commenters expressed
concern about various legal aspects of the program, primarily the
deferral of the effective date of the nonattainment designation for
these areas. Although some of these commenters were supportive of the
goal of proactively addressing the public health concerns associated
with ozone pollution, the commenters state that the program is not
authorized by the CAA. All of these commenters indicated that EPA lacks
authority under the CAA to defer the effective date of a nonattainment
designation. In addition, these commenters state that EPA lacks
authority to enter into Early Action Compacts with areas and lacks
authority to allow areas to be relieved of obligations under title I,
part D of the CAA while these areas are violating the 8[hyphen]hour
ozone standard or are designated nonattainment for that standard. One
comment submitted by several groups attached comments that the
commenters had submitted on EPA's December 16, 2003, proposed rule to
defer the nonattainment designation for EAC areas that had met the EAC
milestones.
Response: We have determined that the compact program, as designed,
gives local areas the flexibility to develop their own approach to
meeting the 8[hyphen]hour ozone standard. The participating communities
are serious in their commitment and have made good progress
implementing State and local measures for controlling emissions from
local sources earlier than the CAA would otherwise require. By
involving diverse stakeholders, including representatives from
industry, local and State governments, and local environmental and
citizens groups, a number of these communities are, for the first time,
cooperating on a regional basis to solve environmental problems that
affect the health and welfare of their citizens. People living in these
areas realize reductions in pollution levels sooner and will enjoy the
health benefits of cleaner air sooner than might otherwise occur. With
respect to the commenter who attached comments that were submitted on
EPA's initial proposal to defer the effective date of a nonattainment
designation of EAC areas meeting compact milestones, we refer back to
our response to those comments in the April 2004 designation rule (69
FR 23858).
Comment: One commenter disagreed with.....``EPA's assessment that
the proposed rule does not constitute a ``significant regulatory
action'' (see 70 FR 33412)''..... The commenter.....``believes that
condition 4 of that finding has been met (raise novel legal or policy
issues arising out of legal mandates, the President's priorities, or
the principles set forth in the Executive Order.)''
Response: The Office of Management and Budget which has
responsibility for implementing Executive Order 12866, has determined
that the June 8, 2005 proposed rule (70 FR 33409) is not a significant
regulatory action.
Comment: One commenter also had several very specific comments on
the contents of the South Carolina SIP related to such items as
maintenance and growth tracking, need to show satisfactory progress,
air quality protection and growth review.
Response: A detailed response to these comments is included in the
Response to Comments document for this rulemaking which is in the
docket (OAR-2003-0090).
III. Statutory and Executive Order Reviews
This action finalizes the extension of the deferred effective date
of the nonattainment designation for 14 compact areas until December
30, 2006.
A. Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), the
Agency must determine whether the regulatory action is ``significant''
and, therefore, subject to Office of Management and Budget (OMB) review
and the requirements of the Executive Order. The Order defines
``significant regulatory action'' as one that is likely to result in a
rule that may:
(1) have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or Tribal governments or
communities;
(2) create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
It has been determined that this rule is not a ``significant
regulatory action'' under the terms of Executive Order 12866 and is
therefore not subject to OMB review.
B. Paperwork Reduction Act
This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
This final rule does not require the collection of any information.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
An agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an Agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedures Act or any other statute unless the Agency certifies the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions.
For purposes of assessing the impacts of today's final rule on
small entities, small entity is defined as: (1) a small
[[Page 50993]]
business that is a small industrial entity as defined in the Small
Business Administration's (SBA) regulations at 13 CFR 121.201; (2) a
small governmental jurisdiction that is a government of a city, county,
town, school district or special district with a population of less
than 50,000; and (3) a small organization that is any
not[hyphen]for[hyphen]profit enterprise which is independently owned
and operated and is not dominant in its field.
After considering the economic impacts of today's final rule on
small entities, I certify that this rule will not have a significant
economic impact on a substantial number of small entities. This final
rule will not impose any requirements on small entities. Rather, this
rule would extend the deferred effective date of the nonattainment
designation for areas that implement control measures and achieve
emissions reductions earlier than otherwise required by the CAA in
order to attain the 8[hyphen]hour ozone NAAQS.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and Tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and Tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
1 year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost[hyphen]effective or least burdensome
alternative that achieves the objectives of the rule. The provisions of
section 205 do not apply when they are inconsistent with applicable
law. Moreover, section 205 allows EPA to adopt an alternative other
than the least costly, most cost[hyphen]effective or least burdensome
alternative if the Administrator publishes with the final rule an
explanation why that alternative was not adopted. Before EPA
establishes any regulatory requirements that may significantly or
uniquely affect small governments, including Tribal governments, it
must have developed under section 203 of the UMRA a small government
agency plan. The plan must provide for notifying potentially affected
small governments, enabling officials of affected small governments to
have meaningful and timely input in the development of EPA regulatory
proposals with significant Federal intergovernmental mandates, and
informing, educating, and advising small governments on compliance with
the regulatory requirements.
The EPA has determined that this final rule does not contain a
Federal mandate that may result in expenditures of $100 million or more
for State, local, and Tribal governments, in the aggregate, or the
private sector in any 1 year. In this final rule, EPA is deferring the
effective date of nonattainment designations for certain areas that
have entered into compacts with us. Thus, today's final rulemaking is
not subject to the requirements of sections 202 and 205 of the UMRA.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that 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.''
This final rule does not have federalism implications. It will 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. The CAA establishes the scheme
whereby States take the lead in developing plans to meet the NAAQS.
This final rule would not modify the relationship of the States and EPA
for purposes of developing programs to implement the NAAQS. Thus,
Executive Order 13132 does not apply to this proposed rule.
F. Executive Order 13175: Consultation and Coordination with Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 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.'' This final rule does not have
``Tribal implications'' as specified in Executive Order 13175. It does
not have a substantial direct effect on one or more Indian Tribes,
since no Tribe has implemented a CAA program to attain the
8[hyphen]hour ozone NAAQS at this time or has participated in a
compact.
G. Executive Order 13045: Protection of Children from Environmental
Health and Safety Risks
Executive Order 13045: ``Protection of Children From Environmental
Health and Safety Risks'' (62 FR 19885, April 23, 1997) applies to any
rule that (1) is determined to be ``economically significant'' as
defined under Executive Order 12866, and (2) concerns an environmental
health or safety risk that EPA has reason to believe may have
disproportionate effect on children. If the regulatory action meets
both criteria, the Agency must evaluate the environmental health or
safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
The EPA interprets Executive Order 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 final rule is not subject
to Executive Order 13045 because it does not establish an environmental
standard intended to mitigate health or safety risks.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This rule is not a subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355 (May 22, 2001)) because it is not a
significant regulatory action under Executive Order 12866.
I. National Technology Transfer Advancement Act
Section 12(d) of the National Technology Transfer Advancement Act
of 1995 (NTTAA), Public Law No. 104-113, section 12(d) (15 U.S.C. 272
note) directs EPA to use voluntary consensus standards (VCS) in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by VCS bodies. The NTTAA directs EPA to provide Congress,
[[Page 50994]]
through OMB, explanations when the Agency decides not to use available
and applicable VCS.
This final rule does not involve technical standards. Therefore,
EPA is not considering the use of any VCS.
The EPA will encourage States that have compact areas to consider
the use of such standards, where appropriate, in the development of
their SIPs.
J. Executive Order 12898: Federal Actions to Address Environmental
Justice in Minority Populations and Low[hyphen]Income Populations
Executive Order 12898 requires that each Federal agency make
achieving environmental justice part of its mission by identifying and
addressing, as appropriate, disproportionate high and adverse human
health or environmental effects of its programs, policies, and
activities on minorities and low[hyphen]income populations.
The EPA believes that this final rule should not raise any
environmental justice issues. The health and environmental risks
associated with ozone were considered in the establishment of the
8[hyphen]hour, 0.08 ppm ozone NAAQS. The level is designed to be
protective with an adequate margin of safety.
K. 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. The 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). This rule will be effective September 28, 2005.
L. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the District of Columbia Circuit by October 28, 2005. 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
must 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 CAA Section 307(b)(2).
List of Subjects in 40 CFR Part 81
Environmental protection, Air pollution control
Authority: 42 U.S.C. 7408; 42 U.S.C. 7410; 42 U.S.C. 7501-7511f;
42 U.S.C. 7601(a)(1).
Dated: August 16, 2005.
Stephen L. Johnson,
Administrator.
0
40 CFR Part 81 is amended as follows:
PART 81 - [Amended]
0
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
Subpart C - Section 107 Attainment Status Designations
0
2. Section 81.300 is amended by revising paragraphs (e)(3)(i) and
(e)(3)(ii)(B) and (C) to read as follows:
Sec. 81.300 Scope.
* * * * *
(e) * * *
(3) * * *
(i) General. Notwithstanding clauses (i) through (iv) of section
107(d)(1)(B) of the Clean Air Act (42 U.S.C. 7407(d)(1)(B)), the
Administrator shall defer until December 31, 2006 the effective date of
a nonattainment designation of any area subject to a compact that does
not meet (or that contributes to ambient air quality in a nearby area
that does not meet) the 8[hyphen]hour ozone national ambient air
quality standard if the Administrator determines that the area subject
to a compact has met the requirements in paragraphs (e)(2)(i) through
(iii) of this section.
(ii) * * *
(B) Prior to expiration of the deferred effective date on December 31,
2006, if the Administrator determines that an area or the State subject
to a compact has not met either requirement in paragraphs (e)(2)(iv)
and (v) of this section, the nonattainment designation shall become
effective as of the deferred effective date, unless EPA takes
affirmative rulemaking action to further extend the deadline.
(C) If the Administrator determines that an area subject to a compact
and/or State has not met any requirement in paragraphs (e)(2)(iv)
through (vi) of this section, the nonattainment designation shall
become effective as of the deferred effective date, unless EPA takes
affirmative rulemaking action to further extend the deadline.
* * * * *
0
3. In Sec. 81.306, the table entitled ``Colorado-Ozone (8[hyphen]Hour
Standard)'' is amended by revising footnote 2 to read as follows:
Sec. 81.306 Colorado.
* * * * *
Colorado Ozone (8[hyphen]Hour Standard)
* * * * * * *
\2\ Early Action Compact Area, effective date deferred until December
31, 2006.
* * * * *
0
4. In Sec. 81.311, the table entitled ``Georgia-Ozone (8[hyphen]Hour
Standard)'' is amended by revising footnote 2 to read as follows:
Sec. 81.311 Georgia.
* * * * *
Georgia Ozone (8[hyphen]Hour Standard)
* * * * * * *
\2\ Early Action Compact Area, effective date deferred until December
31, 2006.
* * * * *
0
5. In Sec. 81.321, the table entitled ``Maryland-Ozone (8[hyphen]Hour
Standard)'' is amended by revising footnote 2 to read as follows:
Sec. 81.321 Maryland.
* * * * *
Maryland Ozone (8[hyphen]Hour Standard)
* * * * * * *
\2\ Early Action Compact Area, effective date deferred until December
31, 2006.
* * * * *
0
6. In Sec. 81.334, the table entitled ``North Carolina-Ozone
(8[hyphen]Hour Standard)'' is amended by revising footnote 2 to read as
follows:
Sec. 81.334 North Carolina.
* * * * *
North Carolina Ozone (8[hyphen]Hour Standard)
* * * * * * *
\2\ Early Action Compact Area, effective date deferred until December
31, 2006.
* * * * *
0
7. In Sec. 81.341, the table entitled ``South Carolina-Ozone
(8[hyphen]Hour Standard)'' is amended by revising footnote 2 to read as
follows:
Sec. 81.341 South Carolina.
* * * * *
[[Page 50995]]
South Carolina Ozone (8[hyphen]Hour Standard)
* * * * * * *
\2\ Early Action Compact Area, effective date deferred until December
31, 2006.
* * * * *
0
8. In Sec. 81.343, the table entitled ``Tennessee-Ozone (8[hyphen]Hour
Standard)'' is amended by revising footnote 2 to read as follows:
Sec. 81.343 Tennessee.
* * * * *
Tennessee Ozone (8[hyphen]Hour Standard)
* * * * * * *
\2\ Early Action Compact Area, effective date deferred until December
31, 2006.
* * * * *
0
9. In Sec. 81.344, the table entitled ``Texas-Ozone (8[hyphen]Hour
Standard)'' is amended by revising footnote 2 to read as follows:
Sec. 81.344 Texas.
* * * * *
Texas Ozone (8[hyphen]Hour Standard)
* * * * * * *
\2\ Early Action Compact Area, effective date deferred until December
31, 2006.
* * * * *
0
10. In Sec. 81.347, the table entitled ``Virginia-Ozone (8[hyphen]Hour
Standard)'' is amended by revising footnote 2 to read as follows:
Sec. 81.347 Virginia.
* * * * *
Virginia Ozone (8[hyphen]Hour Standard)
* * * * * * *
\2\ Early Action Compact Area, effective date deferred until December
31, 2006.
* * * * *
0
11. In Sec. 81.349, the table entitled ``West Virginia-Ozone
(8[hyphen]Hour Standard)'' is amended by revising footnote 2 to read as
follows:
Sec. 81.349 West Virgina.
* * * * *
West Virginia Ozone (8[hyphen]Hour Standard)
* * * * * * *
\2\ Early Action Compact Area, effective date deferred until December
31, 2006.
* * * * *
[FR Doc. 05-17038 Filed 8-26-05; 8:45 am]
BILLING CODE 6560-50-S
