[Federal Register Volume 70, Number 179 (Friday, September 16, 2005)]
[Rules and Regulations]
[Pages 54638-54639]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18425]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 49

[R10-OAR-2005-TR-0001; FRL-7970-2]


Announcement of the Delegation of Partial Administrative 
Authority for Implementation of Federal Implementation Plan for the Nez 
Perce Reservation to the Nez Perce Tribe

AGENCY: Environmental Protection Agency (EPA).

ACTION: Delegation of authority; technical amendment.

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SUMMARY: This action announces that on June 27, 2005, EPA Region 10 and 
the Nez Perce Tribe entered into a Partial Delegation of Administrative 
Authority to carry out certain day-to-day activities associated with 
administration of the Federal Implementation Plan for the Nez Perce 
Reservation (Nez Perce FIP). A note of this partial delegation is being 
added to the Nez Perce FIP.

DATES: This action is effective September 16, 2005. The date of 
delegation can be found in the SUPPLEMENTARY INFORMATION section of 
this document.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. R10-OAR-2005-TR-0001. The delegation agreement and other docket 
materials are available electronically in EDOCKET, EPA's electronic 
public docket and comment system, found at http://www.epa.gov/edocket, 
or in hard copy from Steve Body at EPA Region 10, Office of Air, Waste 
and Toxics (AWT-107), 1200 Sixth Avenue, Seattle, Washington 98101, or 
via e-mail at [email protected]. Additional information may also be 
obtained from the Nez Perce Tribe by contacting Julie Simpson, Air 
Quality Project Coordinator, Environmental Restoration and Waste 
Management (ERWM), Nez Perce Tribe, P.O. Box 365, Lapwai, Idaho 82540.

FOR FURTHER INFORMATION CONTACT: Steve Body at telephone number: (206) 
553-0782, e-mail address: [email protected], or the above EPA, Region 
10 address.

SUPPLEMENTARY INFORMATION: The purpose of this action is to announce 
that on June 27, 2005, EPA Region 10, delegated partial administrative 
authority for implementation of certain provisions of the Nez Perce FIP 
to the Nez Perce Tribe. See 40 CFR part 49, subpart M, section 10401 
through 10430, as authorized by 40 CFR 49.122 of the Federal Air Rules 
for Reservations, (FARR), 40 CFR part 49, subpart C.

I. Authority To Delegate

    Federal regulation 40 CFR 49.122 provides EPA authority to delegate 
to Indian tribes partial administrative authority to administer 
provisions of the Federal Air Rules for Reservations (FARR), 40 CFR 
part 49, subpart C. Tribes must submit a request to the Regional 
Administrator that meets the requirements of 40 CFR 49.122.

II. Partial Delegation of Administrative Authority

    On June 27, 2005, EPA entered into an ``Agreement for Partial 
Delegation of the Federal Implementation Plan for the Nez Perce 
Reservation by the United States Environmental Protection Agency, 
Region 10, to the Nez Perce Tribe.'' The Delegation Agreement provides 
authority for the Nez Perce Tribe to administer the following rules 
that are part of the Federal Implementation Plan for the Nez Perce 
Tribe of Idaho, 40 CFR 49.10401 through 49.10430: 49.10410(b) Section 
49.124 Rule for limiting visible emissions; 49.10410(i) Section 49.131 
General rule for open burning; 49.10410(j) Section 49.132 Rule for 
general open burning permits; 49.10410(k) Section 49.133 Rule for 
agricultural burning permits; 49.10410(l) Section 49.134 Rule for 
forestry and silvicultural burning permits; and 49.10410(n) Section 
49.137 Rule for air pollution episodes.
    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. EPA has determined that there is 
good cause for making today's rule final without prior proposal and 
opportunity for comment because EPA is merely informing the public of 
partial delegation of administrative authority to the Nez Perce Tribe 
and making a technical amendment to the Code of Federal Regulations 
(CFR) by adding a note announcing the partial delegation. Thus, notice 
and public procedure are unnecessary. EPA finds that this constitutes 
good cause under 5 U.S.C. 553(b)(B).
    Moreover, since today's action does not create any new regulatory 
requirements, EPA finds that good cause exists to provide for an 
immediate effective date pursuant to 5 U.S.C. 553(d)(3).

III. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely makes a technical amendment and gives notice of a partial 
delegation of administrative authority. Accordingly, the Administrator 
certifies that this rule will not have a significant economic impact on 
a substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.). This rule does

[[Page 54639]]

not contain any unfunded mandate or significantly or uniquely affect 
small governments, as described in the Unfunded Mandates Reform Act of 
1995 (Pub. L. 104-4).
    Executive Order 13175, entitled ``Consultation and Coordination 
With Indian Tribal Governments'' (65 FR 67249, November 6, 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.'' ``Policies that have tribal 
implications'' is defined in the Executive Order to include regulations 
that have ``substantial direct effects on one or more Indian tribes, on 
the relationship between the Federal government and the Indian tribes, 
or on the distribution of power and responsibilities between the 
Federal government and Indian tribes.'' Under section 5(b) of Executive 
Order 13175, EPA may not issue a regulation that has tribal 
implications, that imposes substantial direct compliance costs, and 
that is not required by statute, unless the Federal government provides 
the funds necessary to pay the direct compliance costs incurred by 
tribal governments, or EPA consults with tribal officials early in the 
process of developing the proposed regulation. Under section 5(c) of 
Executive Order 13175, EPA may not issue a regulation that has tribal 
implications and that preempts tribal law, unless the Agency consults 
with tribal officials early in the process of developing the 
regulation. EPA has concluded that this rule may have tribal 
implications. EPA's action fulfills a requirement to publish a notice 
announcing partial delegation of administrative authority to the Nez 
Perce Tribe and noting the partial delegation in the CFR. However, it 
will neither impose substantial direct compliance costs on tribal 
governments, nor preempt tribal law. Thus, the requirements of sections 
5(b) and 5(c) of the Executive Order do not apply to this rule.
    This action also does not have Federalism implications because it 
does 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 (64 FR 43255, August 
10, 1999). This technical amendment merely notes that partial 
delegation of administrative authority to the Nez Perce Tribe is in 
effect. This rule also is not subject to Executive Order 13045, 
``Protection of Children From Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it is not economically 
significant.
    This 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. This rule 
does not impose an information collection burden under the provisions 
of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). 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. 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).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by November 15, 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 may 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 section 307(b)(2).)

List of Subjects in 40 CFR Part 49

    Administrative practice and procedure, Air pollution control, 
Indians, Intergovernmental relations, Reporting and recordkeeping 
requirements.

    Dated: September 7, 2005.
Julie M. Hagensen,
Acting Regional Administrator, Region 10.

0
Chapter I, title 40 of the Code of Federal Regulations is amended as 
follows:

PART 49--[Amended]

0
1. The authority citation for part 49 continues to read as follows:

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

Subpart M--[Amended]

0
2. Section 49.10410 is amended by adding a note to the end of the 
section to read as follows:


Sec.  49.10410  Federally-promulgated regulations and Federal 
implementation plans.

* * * * *
    Note to Sec.  49.10410: EPA entered into a Partial Delegation of 
Administrative Authority Agreement with the Nez Perce Tribe on June 27, 
2005 for the rules listed in paragraphs (b), (i), (j), (k), (l) and (n) 
of this section.


[FR Doc. 05-18425 Filed 9-15-05; 8:45 am]
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