[Federal Register Volume 66, Number 223 (Monday, November 19, 2001)]
[Rules and Regulations]
[Pages 57882-57883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-28853]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[SIP NO. MT-001-0032; FRL-7102-5]


Approval and Promulgation of Air Quality Implementation Plans; 
Montana; Transportation Conformity; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule; correction.

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SUMMARY: The EPA published in the Federal Register on September 21, 
2001 a document that, among other things, approved Montana's 
transportation conformity rule into the State Implementation Plan 
(SIP). In the regulatory text of the September 21, 2001, rule, EPA 
inadvertently incorporated by reference (IBR) sections of the rule 
which were not submitted for approval. EPA is correcting the regulatory 
text with this document.

EFFECTIVE DATE: This rule is effective December 19, 2001.

FOR FURTHER INFORMATION CONTACT: Kerri Fiedler, EPA, Region VIII, (303) 
312-6493.

SUPPLEMENTARY INFORMATION: In our September 21, 2001 (66 FR 48561) (FR 
Doc. 01-23596) rulemaking, we approved Montana's transportation 
conformity rules (Sub-Chapter 13). In the regulatory text of the 
September 21, 2001, rule, we inadvertently incorporated by reference 
sections of sub-chapter 13 which were not submitted for approval. These 
references to sub-chapter 13 were sections ``reserved'' by Montana for 
future rule adoption. We are correcting the regulatory text of that 
rulemaking, (on page 48564, second column, Subpart BB--Montana, 
Sec. 52.1370 Identification of Plan, paragraph (c)(47)(i)(A)) to read 
as follows: ``Administrative Rules of Montana 17.8.1301, 17.8.1305, 
17.8.1306, 17.8.1310 through 17.8.1313, effective June 4, 1999; and 
17.8.1304 effective August 23, 1996.''

[[Page 57883]]

    Section 553 of the Administrative Procedure Act, 5 U.S.C. 
553(b)(B), provides that, when an agency for good cause finds that 
notice and public procedure are impracticable, unnecessary or contrary 
to the public interest, the agency may issue a rule without providing 
notice and an opportunity for public comment. We have determined that 
there is good cause for making today's rule final without prior 
proposal and opportunity for comment because we are merely correcting 
incorrect text in the IBR section of a previous rulemaking. Thus, 
notice and public procedure are unnecessary. We find that this 
constitutes good cause under 5 U.S.C. 553(b)(B).

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. This rule is 
not 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. Because the agency has made a ``good 
cause'' finding that this action is not subject to notice-and-comment 
requirements under the Administrative Procedure Act or any other 
statute as indicated in the Supplementary Information section above, it 
is not subject to the regulatory flexibility provisions of the 
Regulatory Flexibility Act (5 U.S.C 601 et seq.), or to sections 202 
and 205 of the Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law 
104-4). In addition, this action does not significantly or uniquely 
affect small governments or impose a significant intergovernmental 
mandate, as described in sections 203 and 204 of UMRA. This rule also 
does not have a substantial direct effect on one or more Indian tribes, 
on the relationship between the Federal Government and Indian tribes, 
or on the distribution of power and responsibilities between the 
Federal Government and Indian tribes, as specified by Executive Order 
13175 (65 FR 67249, November 9, 2000), nor will it 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 (64 FR 43255, August 10, 1999). This rule also 
is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), 
because it is not economically significant.
    This technical correction action does not involve technical 
standards; thus the requirements of section 12(d) of the National 
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do 
not apply. The rule also does not involve special consideration of 
environmental justice related issues as required by Executive Order 
12898 (59 FR 7629, February 16, 1994). In issuing this rule, EPA has 
taken the necessary steps to eliminate drafting errors and ambiguity, 
minimize potential litigation, and provide a clear legal standard for 
affected conduct, as required by section 3 of Executive Order 12988 (61 
FR 4729, February 7, 1996). EPA has complied with Executive Order 12630 
(53 FR 8859, March 15, 1998) by examining the takings implications of 
the rule in accordance with the ``Attorney General's Supplemental 
Guidelines for the Evaluation of Risk and Avoidance of Unanticipated 
Takings' issued under the executive order. This rule does not impose an 
information collection burden under the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.). EPA's compliance with these statutes and 
Executive Orders for the underlying rules are discussed in the 
September 21, 2001, rule, approving Montana's transportation conformity 
rules.
    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 rule effective sooner than otherwise provided by the CRA if the 
agency makes 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 therefore, and established an effective date of December 
19, 2001. 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 correction to 
the identification of plan for Montana is not a ``major rule'' as 
defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Reporting and recordkeeping 
requirements.

    Accordingly, 40 CFR part 52, subpart BB of chapter I, title 40 is 
corrected by making the following amendments:

PART 52--[CORRECTED]

    1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.


Sec. 52.1370  Identification of plan.

    2. Revise Sec. 52.1370(c)(47)(i)(A) to read as follows:
* * * * *
    (c) * * *
    (47) * * *
    (i) * * *
    (A) Administrative Rules of Montana 17.8.1301, 17.8.1305, 
17.8.1306, 17.8.1310 through 17.8.1313, effective June 4, 1999; and 
17.8.1304 effective August 23, 1996.

    Dated: November 2, 2001.
Jack W. McGraw,
Acting Regional Administrator, Region 8.
[FR Doc. 01-28853 Filed 11-16-01; 8:45 am]
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