[Federal Register: February 7, 2005 (Volume 70, Number 24)]
[Rules and Regulations]
[Page 6351-6352]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07fe05-15]
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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.
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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.
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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.
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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.
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OMB control
40 CFR citation No.
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Determining Coformity of Federal Actions to State or Federal
Implementation Plans...................................................
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Part 93, subpart A........................................ 2060-0561
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[FR Doc. 05-2306 Filed 2-4-05; 8:45 am]
BILLING CODE 6560-50-M