Federal Register / Vol. 70, No. 104 / Wednesday, June 1, 2005 / Rules and Regulations 31353

553(d)(1), this rule, 36 CFR 7.92(d), is 

exempt from the requirement of 

publication of a substantive rule not less 

than 30 days before its effective date. 

As discussed in this preamble, the 

final rule is a part 7 special regulation 

for Bighorn Canyon National Recreation 

Area that relieves the restrictions 

imposed by the general regulation, 36 

CFR 3.24. The general regulation, 36 

CFR 3.24, prohibits the use of PWC in 

units of the national park system unless 

an individual park area has designated 

the use of PWC by adopting a part 7 

special regulation. The proposed rule 

was published in the Federal Register

(69 FR 25043) on May 5, 2004, with a 

60-day period for notice and comment 

consistent with the requirements of 5 

U.S.C. 553(b). The Administrative 

Procedure Act, pursuant to the 

exception in paragraph (d)(1), waives 

the section 553(d) 30-day waiting period 

when the published rule ‘‘grants or 

recognizes an exemption or relieves a 

restriction.’’ In this rule the NPS is 

authorizing the use of PWCs, which is 

otherwise prohibited by 36 CFR 3.24. As 

a result, the 30-day waiting period 

before the effective date does not apply 

to the Bighorn Canyon National 

Recreation Area final rule.

List of Subjects in 36 CFR Part 7 

District of Columbia, National Parks, 

Reporting and recordkeeping 

requirements.

■ For the reasons stated in the preamble, 

the National Park Service amends 36 

CFR part 7 as follows:

PART 7—SPECIAL REGULATIONS, 

AREAS OF THE NATIONAL PARK 

SYSTEM

■ 1. The authority for part 7 continues to 

read as follows:

Authority: 16 U.S.C. 1, 3, 9a, 460(q), 

462(k); Sec. 7.96 also issued under D.C. Code 

8–137 (1981) and D.C. Code 40–721 (1981).

■ 2. Amend § 7.92 by adding paragraph 

(d) to read as follows:

§ 7.92 Bighorn Canyon National 

Recreation Area.

* * * * *

(d) Personal Watercraft (PWC). (1) 

PWC use is allowed in Bighorn Canyon 

National Recreation Area, except in the 

following areas: 

(i) In the gated area south of 

Yellowtail Dam’s west side to spillway 

entrance works and Bighorn River from 

Yellowtail Dam to cable 3,500 feet 

north. 

(ii) At Afterbay Dam from fenced 

areas on west side of dam up to the 

dam. 

(iii) In Afterbay Lake, the area 

between dam intake works and buoy/

cable line 100 feet west. 

(iv) At Government docks as posted. 

(v) At the Ok-A-Beh gas dock, except 

for customers. 

(vi) From Yellowtail Dam upstream to 

the log boom. 

(vii) In Bighorn Lake and shoreline 

south of the area known as the South 

Narrows (legal description R94W, T57N 

at the SE corner of Section 6, the SW 

corner of Section 5, the NE corner of 

Section 7, and the NW corner of Section 

8). Personal watercraft users are 

required to stay north of the boundary 

delineated by park installed buoys. 

(2) The Superintendent may 

temporarily limit, restrict, or terminate 

access to the areas designated for PWC 

use after taking into consideration 

public health and safety, natural and 

cultural resource protection, and other 

management activities and objectives.

Dated: May 12, 2005. 

Paul Hoffman, 

Deputy Assistant Secretary for Fish And 

Wildlife and Parks.

[FR Doc. 05–10855 Filed 5–31–05; 8:45 am] 

BILLING CODE 4312–52–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[NV–FDA–129; FRL–7919–7] 

Determination of Attainment by the 

Applicable Attainment Date for the 

Carbon Monoxide National Ambient Air 

Quality Standard Within the Las Vegas 

Valley Nonattainment Area, Clark 

County, NV; Determination Regarding 

Applicability of Certain Clean Air Act 

Requirements

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is finding that the Las 

Vegas Valley nonattainment area in the 

State of Nevada has attained the 

National Ambient Air Quality Standard 

for carbon monoxide by the applicable 

December 31, 2000 attainment date. 

EPA is taking this action pursuant to its 

obligations under the Clean Air Act to 

determine whether nonattainment areas 

have attained the applicable standard by 

the applicable attainment date. As a 

consequence of this finding, we find 

that certain statutory requirements no 

longer apply to this area and that the 

State of Nevada will not be subject to 

the additional statutory requirements for 

carbon monoxide that would otherwise 

have applied.

DATES: This finding is effective on July 

1, 2005.

ADDRESSES: Copies of documents 

relevant to this action are available for 

public inspection during normal 

business hours at the Air Planning 

Office of the Air Division, 

Environmental Protection Agency, 

Region IX, 75 Hawthorne Street, San 

Francisco, California, 94105–3901.

FOR FURTHER INFORMATION CONTACT:

Karina O’Connor, Air Planning Office 

(AIR–2), U.S. Environmental Protection 

Agency, Region IX, Telephone: (775) 

833–1276. E-mail: 

oconnor.karina@epa.gov.

SUPPLEMENTARY INFORMATION:

Throughout this document, ‘‘we,’’ ‘‘us’’

and ‘‘our’’ refer to EPA. 

I. Background 

Under sections 179(c)(1) and 186(b)(2) 

of the Clean Air Act (CAA or ‘‘Act’’), 

EPA has the responsibility for 

determining whether a nonattainment 

area has attained the carbon monoxide 

(CO) national ambient air quality 

standard (NAAQS) by the applicable 

attainment date. In this case, the EPA 

was required to make a determination 

concerning the Las Vegas Valley CO 

nonattainment area. As a ‘‘serious’’ CO 

nonattainment area, Las Vegas Valley 

was subject to a December 31, 2000 

attainment date. 

On January 21, 2005 (70 FR 3174), we 

published a notice announcing a 

proposed finding that the Las Vegas 

Valley nonattainment area had attained 

the CO NAAQS by the applicable 

attainment date (December 31, 2000) 

and that, based on our proposed finding 

of attainment, certain CAA requirements 

[specifically, the contingency provisions 

under sections 172(c)(9) and 187(a)(3)] 

would no longer apply to this area. A 

detailed discussion of EPA’s proposal is 

contained in the January 21, 2005 

proposed rule and will not be restated 

here. The reader is referred to the 

proposed rule for more details. 

II. Public Comments 

We received no comments in response 

to our proposed action. 

III. Final Action 

EPA finds, pursuant to sections 

179(c)(1) and 186(b)(2) of the Act, that 

the Las Vegas Valley ‘‘serious’’

nonattainment area has attained the 

NAAQS for CO by the applicable 

attainment date. This finding relieves 

the State of Nevada from the obligation 

under section 187(g) of the Act to 

prepare and submit a SIP revision 

providing for a reduction of CO 

emissions within Las Vegas Valley by at 

31354 Federal Register / Vol. 70, No. 104 / Wednesday, June 1, 2005 / Rules and Regulations 

least five percent per year in each year 

after approval of the SIP revision until 

the CO NAAQS is attained. 

It should be noted that this action 

does not redesignate this area from 

‘‘nonattainment’’ to ‘‘attainment’’. 

Under section 107(d)(3)(E), the Clean 

Air Act requires that, for an area to be 

redesignated from nonattainment to 

attainment, five criteria must be 

satisfied including the submittal by the 

State (and approval by EPA) of a 

maintenance plan as a SIP revision. 

Therefore, the designation status of Las 

Vegas Valley in 40 CFR part 81 is 

unaffected by this action, and Las Vegas 

Valley will remain a ‘‘serious’’

nonattainment area for CO until such 

time as EPA finds that the State of 

Nevada has met the Clean Air Act 

requirements for redesignation to 

attainment.

Based on our finding of attainment by 

the applicable attainment date, we also 

find that the CAA’s requirement for the 

SIP to provide for CO contingency 

provisions under CAA sections 172(c)(9) 

and 187(a)(3) no longer applies to Las 

Vegas Valley and that our remaining 

obligation to promulgate a Federal 

implementation plan (‘‘FIP’’) for CO 

contingency provisions in Las Vegas 

Valley under CAA section 110(c) is 

permanently lifted. 

IV. Administrative Requirements 

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 finds that 

an area has attained a national ambient 

air quality standard based on an 

objective review of measured air quality 

data and finds that certain Clean Air Act 

requirements no longer apply. This 

action will not impose any new 

regulations, mandates, or additional 

enforceable duties on any public, 

nongovernmental, or private entity. 

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.). Because this rule does not 

impose any additional enforceable duty, 

it does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Public Law 104–4). 

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 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This action merely 

finds that an area has attained a national 

ambient air quality standard and is 

therefore not subject to certain specific 

requirements, and does not alter the 

relationship or the distribution of power 

and responsibilities established in the 

Clean Air Act. 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 rule does not involve 

establishment of technical standards, 

and 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 August 1, 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).)

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

List of Subjects in 40 CFR Part 81 

Environmental protection, Air 

pollution control, National parks, 

Wilderness areas.

Dated: May 20, 2005. 

Alexis Strauss, 

Acting Regional Administrator, Region IX.

[FR Doc. 05–10851 Filed 5–31–05; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 93 

[FRL–7920–1] 

RIN 2060–AN03 

Transportation Conformity Rule 

Amendments for the New PM2.5

National Ambient Air Quality Standard: 

PM2.5 Precursors

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Final rule; correction.

SUMMARY: EPA issued a final rule on 

May 6, 2005, (70 FR 24280) that adds 

the following transportation related 

PM2.5 precursors to the transportation 

conformity regulations: nitrogen oxides 

(NOX), volatile organic compounds 

(VOCs), sulfur oxides (SOX), and 

ammonia (NH3). The final rule specifies 

when each of these precursors must be 

considered in conformity 

determinations in PM2.5 nonattainment 

and maintenance areas before and after 

PM2.5 state air quality implementation 

plans (SIPs) are submitted. The 

preamble to the final rule contains two 

minor errors. This notice is intended to 

correct these errors. All other preamble 

and regulatory text printed in the May 

6, 2005, final rule is correct. 

The Department of Transportation 

(DOT) is EPA’s federal partner in 

implementing the transportation 

conformity regulation. We have 

consulted with DOT on the 

development of these corrections, and 

DOT concurs.

DATES: Effective Date: June 6, 2005.

FOR FURTHER INFORMATION CONTACT:

Angela Spickard, State Measures and