61766 Federal Register / Vol. 69, No. 203 / Thursday, October 21, 2004 / Rules and Regulations 

2004. 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 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Particulate matter, Reporting and 

recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

40 CFR Part 60 

Air pollution control, Aluminum, 

Ammonium sulfate plants, Beverages, 

Carbon monoxide, Cement industry, 

Coal, Copper, Dry cleaners, Electric 

power plants, Fertilizers, Fluoride, 

Gasoline, Glass and glass products, 

Grains, Graphic arts industry, 

Household appliances, Insulation, 

Intergovernmental relations, Iron, Lead, 

Lime, Metallic and nonmetallic mineral 

processing plants, Metals, Motor 

vehicles, Natural gas, Nitric acid plants, 

Nitrogen dioxide, Paper and paper 

products industry, Particulate matter, 

Paving and roofing materials, 

Petroleum, Phosphate, Plastics materials 

and synthetics, Reporting and 

recordkeeping requirements, Sewage 

disposal, Steel, Sulfur oxides, Tires, 

Urethane, Vinyl, Waste treatment and 

disposal, Wool, Zinc.

Dated: September 22, 2004. 

Kerrigan G. Clough, 

Acting Regional Administrator, Region 8.

■ 40 CFR part 52 is amended to read as 

follows:

PART 52—[AMENDED]

■ 1. The authority citation for part 52 

continues to read as follows:

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

Subpart JJ—North Dakota

■ 2. Section 52.1820 is amended by 

adding paragraph (c)(33) to read as 

follows:

§ 52.1820 Identification of plan.

* * * * *

(c) * * * 

(33) Certain revisions to the North 

Dakota State Implementation Plan and 

Air Pollution Control Rules as 

submitted by the Governor with a letter 

dated April 11, 2003. The revisions 

affect portions of North Dakota 

Administrative Code (N.D.A.C.) 

regarding general provisions and 

emissions of particulate matter and 

sulfur compounds. 

(i) Incorporation by reference. 

(A) Revisions to the North Dakota Air 

Pollution Control Rules as follows: 

(1) Chapter 33–15–01, N.D.A.C., 

General Provisions, sections 33–15–01–

04, 33–15–01–17, and 33–15–01–18, 

effective March 1, 2003.

(2) Chapter 33–15–05, N.D.A.C., 

Emissions of Particulate Matter 

Restricted, sections 33–15–05–02 and 

33–15–05–04 and subsection 33–15–05–

03.3, effective March 1, 2003. 

(3) Chapter 33–15–06, N.D.A.C., 

Emissions of Sulfur Compounds 

Restricted, sections 33–15–06–01 and 

33–15–06–03, effective March 1, 2003.

■ 40 CFR part 60 is amended to read as 

follows:

PART 60—[AMENDED]

■ 1. The authority citation for part 60 

continues to read as follows:

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

Subpart A—General Provisions

■ 2. In § 60.4, amend the table in 

paragraph (c) by revising the entries for 

subparts ‘‘AAAA’’ and ‘‘CCCC’’ and by 

removing footnote 1 to read as follows:

§ 60.4 Address.

* * * * *

(c) * * *

DELEGATION STATUS OF NEW SOURCE PERFORMANCE STANDARDS [(NSPS) FOR REGION VIII] 

Subpart CO MT ND SD UT WY 

* * * * * * * 

AAAA—Small Municipal Waste Combustors ..................................................................................... (*) (*) (*) 

CCCC—Commercial and Industrial Solid Waste Incineration Units .................................................. (*) (*) (*) 

(*) Indicates approval of State regulation. 

* * * * *

[FR Doc. 04–23585 Filed 10–20–04; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[MD160–3113; FRL–7821–1] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Redesignation of Kent and 

Queen Anne’s Counties Ozone 

Nonattainment Area to Attainment and 

Approval of the Area’s Maintenance 

Plan

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is approving a 

redesignation request and a State 

Implementation Plan (SIP) submitted by 

the State of Maryland. The SIP revision 

establishes a maintenance plan for Kent 

and Queen Anne’s Counties that 

provides requirements for continued 

attainment of the one-hour ozone 

National Ambient Air Quality Standard 

(NAAQS) for the next 10 years. EPA is 

approving the revision to the Maryland 

SIP in accordance with the requirements 

of the Clean Air Act (CAA).

EFFECTIVE DATE: This final rule is 

effective on November 22, 2004.

ADDRESSES: Copies of the documents 

relevant to this action are available for 

public inspection during normal 

business hours at the Air Protection 

Division, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103; the 

Air and Radiation Docket and 

Federal Register / Vol. 69, No. 203 / Thursday, October 21, 2004 / Rules and Regulations 61767

Information Center, U.S. Environmental 

Protection Agency, 1301 Constitution 

Avenue, NW., Room B108, Washington, 

DC 20460; and Maryland Department of 

the Environment, 1800 Washington 

Boulevard, Suite 705, Baltimore, 

Maryland 21230.

FOR FURTHER INFORMATION CONTACT: Rose 

Quinto, (215) 814–2182, or by e-mail at 

quinto.rose@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background 

On August 2, 2004 (69 FR 46124), 

EPA published a notice of proposed 

rulemaking (NPR) for the State of 

Maryland. The NPR proposed approval 

of Maryland’s redesignation request and 

a SIP revision that establishes a 

maintenance plan for the Kent and 

Queen Anne’s Counties that provides 

requirements for continued attainment 

for the one-hour ozone NAAQS for the 

next 10 years. The formal SIP revision 

was submitted by the Maryland 

Department of the Environment (MDE) 

on February 9, 2004. Other specific 

requirements of Maryland’s 

redesignation request, SIP revision for 

the maintenance plan, and the rationale 

for EPA’s proposed action are explained 

in the NPR and will not be restated here. 

No public comments were received on 

the NPR. However, an erratum was 

found on page 46127 of the NPR, where 

the motor vehicle emissions budget 

(MVEB) for NOX was in error for the 

period from 2002 until 2014. The 

correct MVEB for NOX is 7.7 tons per 

day (tpd) instead of 2.92 tpd NOX (refer 

to Tables 1 and 2 in the NPR). 

II. Final Action 

EPA is approving the ozone 

maintenance plan for Kent and Queen 

Anne’s Counties in Maryland submitted 

on February 9, 2004, because it meets 

the requirements of section 175A. In 

addition, EPA is redesignating Kent and 

Queen Anne’s Counties to ozone 

attainment because EPA has determined 

that the provisions of section 

107(d)(3)(E) of the CAA for 

redesignation have been met. Kent and 

Queen Anne’s Counties nonattainment 

area is subject to the CAA’s 

requirements for marginal ozone 

nonattainment areas until and unless it 

is redesignated to attainment. 

III. Statutory and Executive Order 

Reviews 

A. General 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 approves 

state law as meeting Federal 

requirements and imposes no additional 

requirements beyond those imposed by 

state law. 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 approves pre-existing requirements 

under state law and does not impose 

any additional enforceable duty beyond 

that required by state law, it does 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). 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 

approves a state rule implementing a 

Federal standard, 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. 

In reviewing SIP submissions, EPA’s 

role is to approve state choices, 

provided that they meet the criteria of 

the Clean Air Act. In this context, in the 

absence of a prior existing requirement 

for the State to use voluntary consensus 

standards (VCS), EPA has no authority 

to disapprove a SIP submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a SIP submission, 

to use VCS in place of a SIP submission 

that otherwise satisfies the provisions of 

the Clean Air Act. 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.). 

B. Submission to Congress and the 

Comptroller General 

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. This rule is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

C. Petitions for Judicial Review 

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 December 20, 

2004. 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 pertaining to Maryland’s 

redesignation request and maintenance 

plan for Kent and Queen Anne’s 

counties, may not be challenged later in 

proceedings to enforce its requirements. 

(See section 307(b)(2).)

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

40 CFR Part 81 

Air pollution control, National parks, 

Wilderness areas.

61768 Federal Register / Vol. 69, No. 203 / Thursday, October 21, 2004 / Rules and Regulations 

Dated: September 20, 2004. 

Thomas C. Voltaggio, 

Acting Deputy Regional Administrator, 

Region III.

■ 40 CFR parts 52 and 81 are amended 

as follows:

PART 52—[AMENDED]

■ 1. The authority citation for part 52 

continues to read as follows:

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

Subpart V—Maryland

■ 2. Section 52.1070 is amended by 

adding paragraph (c)(187) to read as 

follows:

§ 52.1070 Identification of plan.

* * * * *

(c) * * * 

(187) The Ozone Redesignation and 

Maintenance Plan for Kent and Queen 

Anne’s Counties nonattainment area 

submitted on February 4, 2004 by the 

Maryland Department of the 

Environment: 

(i) Incorporation by reference. 

(A) A letter dated February 9, 2004 

from the Maryland Department of the 

Environment transmitting Maryland’s 

State Implementation Plan pertaining to 

the redesignation request for the Kent 

and Queen Anne’s Counties Ozone 

Nonattainment Area. 

(B) SIP Revision 03–15, Redesignation 

Request for Kent and Queen Anne’s 

Counties Ozone Nonattainment Area, 

February 4, 2004. 

(ii) Additional Material—Remainder 

of the State submittals pertaining to the 

revisions listed in paragraph (c)(187)(i) 

of this section.

PART 81—[AMENDED]

■ 1. The authority citation for Part 81 

continues to read as follows:

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

■ 2. Section 81.321 is amended by 

revising the ozone table entry for Kent 

and Queen Anne’s Counties to read as 

follows:

§ 81.321 Maryland.

* * * * *

MARYLAND—OZONE (1–HOUR STANDARD) 

Designated area 

Designation Classification 

Date 1 Type Date 1 Type 

* * * * * * * 

Kent County and Queen Anne’s County Area 

Kent County ....................................................................................................... October 21, 2004 ...... Attainment.

Queen Anne’s County ....................................................................................... October 21, 2004 ...... Attainment.

* * * * * * * 

1This date is October 18, 2000, unless otherwise noted. 

* * * * *

[FR Doc. 04–23584 Filed 10–20–04; 8:45 am] 

BILLING CODE 6560–50–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 660

[Docket No. 04076201–4279–02; I.D. 

060204F]

RIN 0648–AR97

Fisheries off West Coast States and in 

the Western Pacific; Coastal Pelagic 

Species Fisheries; Annual 

Specifications

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Final rule.

SUMMARY: NMFS issues a final rule to 

implement the annual harvest guideline 

for Pacific mackerel in the U.S. 

exclusive economic zone (EEZ) off the 

Pacific coast. The Coastal Pelagic 

Species (CPS) Fishery Management Plan 

(FMP) and its implementing regulations 

require NMFS to set an annual harvest 

guideline for Pacific mackerel based on 

the formula in the FMP. This action 

adopts allowable harvest levels for 

Pacific mackerel off the U.S. Pacific 

coast.

DATES: This action becomes effective 

November 22, 2004.

ADDRESSES: The report Stock 

Assessment of Pacific Mackerel with 

Recommendations for the 2004–2005 

Management Season may be obtained 

from Rodney R. McInnis, Acting 

Administrator, Southwest Region, 

NMFS, 501 West Ocean Boulevard, 

Suite 4200, Long Beach, CA 90802. An 

regulatory impact review/regulatory 

analysis may be obtained at this same 

address.

FOR FURTHER INFORMATION CONTACT:

Tonya L. Wick, Southwest Region, 

NMFS, (562) 980–4036.

SUPPLEMENTARY INFORMATION: The CPS 

FMP, which was implemented by a final 

rule published in the Federal Register

on December 15, 1999 (64 FR 69888), 

divides management unit species into 

the categories of actively managed and 

monitored. Harvest guidelines of 

actively managed species (Pacific 

sardine and Pacific mackerel) are based 

on formulas applied to current biomass 

estimates. Biomass estimates are not 

calculated for species that are only 

monitored (jack mackerel, northern 

anchovy, and market squid).

At a public meeting each year, the 

biomass for each actively managed 

species is reviewed by the Pacific 

Fishery Management Council’s 

(Council) CPS Management Team 

(Team). The biomass, harvest guideline, 

and status of the fisheries are then 

reviewed at a public meeting of the 

Council’s CPS Advisory Subpanel 

(Subpanel). This information is also 

reviewed by the Council’s Scientific and 

Statistical Committee (SSC). The 

Council reviews reports from the Team, 

Subpanel, and SSC, then, after 

providing time for public comment, 

makes its recommendation to NMFS. 

The annual harvest guideline and 

season structure is published by NMFS 

in the Federal Register as soon as 

practicable before the beginning of the 

appropriate fishing season. The Pacific 

mackerel season begins on July 1 of each 

year and ends on June 30 the following 

year.

The Team and Subpanel meetings 

took place at the Long Beach, CA, office 

of the NMFS, Southwest Region, on May 

18 and 19, 2004 (69 FR 23730, April 20, 

2004, and 69 FR 24585, May 4, 2004). 

The SSC meeting took place in