[Federal Register Volume 70, Number 206 (Wednesday, October 26, 2005)]
[Rules and Regulations]
[Pages 61741-61742]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21266]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Docket  R08-OAR-2005-UT-0002; FRL-7987-9]


Approval and Promulgation of Air Quality Implementation Plans; 
State of Utah; State Implementation Plan Corrections

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical correction.

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SUMMARY: When EPA approved Utah State Implementation Plan (SIP) 
revisions for the Salt Lake City Carbon Monoxide (CO) Maintenance Plan 
and related Vehicle Inspection and Maintenance (I/M) Program for Salt 
Lake County, we inadvertently used an invalid acronym for the Utah 
Annotated Code. EPA is correcting this error with this document.

DATES: This rule is effective on November 25, 2005.

FOR FURTHER INFORMATION CONTACT: Domenico Mastrangelo, Air and 
Radiation Program, Environmental Protection Agency (EPA), Region 8, 
Mailcode 8P-AR, 999 18th Street, Suite 200, Denver, Colorado 80202-
2466, phone (303) 312-6436, and e-mail at: 
[email protected].

SUPPLEMENTARY INFORMATION: 
    (i) Throughout this document, wherever we, us or our is used it 
means the Environmental Protection Agency.
    (ii) The initials SIP mean or refer to State Implementation Plan.
    (iii) The word State means the State of Utah, unless the context 
indicates otherwise.
    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 procedures 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 an incorrect acronym in a previous rulemaking. Thus, 
notice and public comment procedures are unnecessary. We find that this 
constitutes good cause under 5 U.S.C. 553(b)(B).

I. Correction

Correction for the Federal Register Document Published on August 1, 
2005 (70 FR 44055)

    On August 1, 2005 we published a final rule approving the revised 
Salt Lake City Carbon Monoxide Maintenance Plan and related revisions 
submitted by the Governor of Utah on October 19, 2004. When we 
published this rule, within the regulatory text we incorrectly referred 
to the Utah Annotated Code using the acronym UACR instead of UAC. 
Therefore, we are correcting the regulatory text in 40 CFR 
52.2320(c)(60) to replace all references to UACR with UAC.

II. 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). 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) (Pub. L. 104-4, 209 Stat. 48 (1995)). 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 tribal implications because it will 
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). 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

[[Page 61742]]

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 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (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 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 provisions of 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 is 
discussed in the August 1, 2005 rule approving the revised Salt Lake 
City Carbon Monoxide Maintenance Plan and related revisions submitted 
by the Governor of Utah on October 19, 2004.
    The Congressional Review Act (CRA), 5 U.S.C. section 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 November 
25, 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 correction to 
the identification of plan for Utah is not a ``major rule'' as defined 
by 5 U.S.C. section 804(2).

List of Subjects in 40 CFR Part 52

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

    Dated: October 14, 2005.
Robert E. Roberts,
Regional Administrator, Region VIII.

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40 CFR part 52 is amended to read as follows:

PART 52--[CORRECTED]

0
1. The authority citation for Part 52 continues to read as follows:

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

Subpart TT--UTAH


Sec.  52.2320  [Amended]

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2. Section 52.2320 is amended in paragraphs (c)(60) introductory text, 
(c)(60)(i)(A), and (c)(60)(i)(B) by revising ``UACR'' to read ``UAC'' 
wherever it appears.

[FR Doc. 05-21266 Filed 10-25-05; 8:45 am]
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