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


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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, [email protected], (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, [email protected], (734) 214-4858.

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

I. Administrative Requirements

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

[[Page 6352]]

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

Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. Section 808 allows the issuing agency to make a good 
cause finding that notice and public procedure is impracticable, 
unnecessary or contrary to the public interest. This determination must 
be supported by a brief statement. 5 U.S.C. 808(2). As stated 
previously, EPA has made such a good cause finding, including the 
reasons therefor, and established an effective date of February 7, 
2005. EPA will submit a report containing this rule and other required 
information to the U.S. Senate, the U.S. House of Representatives, and 
the Comptroller General of the United States prior to publication of 
the rule in the Federal Register. This action is not a ``major rule'' 
as defined by U.S.C. 804(2).

List of Subjects in 40 CFR Part 9

    Environmental protection, Reporting and recordkeeping requirements.

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

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

PART 9--[AMENDED]

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

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


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


Sec.  9.1  OMB approvals under the Paperwork Reduction Act.

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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]
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