63324 Federal Register / Vol. 69, No. 210 / Monday, November 1, 2004 / Rules and Regulations 

explain why the planned regulation is 

preferable to other potentially effective 

and reasonably feasible alternatives 

considered by the Agency. 

This rule is not subject to Executive 

Order 13045 because it does not involve 

decisions intended to mitigate 

environmental health or safety risks.

H. Executive Order 13211, Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This rule is not subject to Executive 

Order 13211, ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355, May 22, 2001) because it is 

not a significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act 

Section 12 of the National Technology 

Transfer and Advancement Act 

(NTTAA) of 1995 requires Federal 

agencies to evaluate existing technical 

standards when developing a new 

regulation. To comply with NTTAA, 

EPA must consider and use ‘‘voluntary 

consensus standards’’ (VCS) if available 

and applicable when developing 

programs and policies unless doing so 

would be inconsistent with applicable 

law or otherwise impractical. 

The EPA believes that VCS are 

inapplicable to this action. Today’s 

action does not require the public to 

perform activities conducive to the use 

of VCS. 

J. 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. 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). This rule 

will be effective December 1, 2004. 

K. 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 January 3, 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 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Reporting and recordkeeping 

requirements, Sulfur oxides.

Dated: September 14, 2004. 

Wayne Nastri, 

Regional Administrator, Region IX.

■ Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations is 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 D—Arizona

■ 2. Section 52.120 is amended by 

adding paragraphs (c)(110)(i)(A)(2) and 

(c)(116) to read as follows:

§ 52.120 Identification of plan.

* * * * *

(c) * * * 

(110) * * * 

(i) * * * 

(A) * * * 

(2) Rules R18–2–715.02 and R18–2–

715, Appendix 8 amended on November 

15, 1993.

* * * * *

(116) New and amended regulations 

were submitted on September 12, 2003, 

by the Governor’s designee. 

(i) Incorporation by reference. 

(A) Arizona Department of 

Environmental Quality. 

(1) Rules R18–2–715 (sections F, G, 

and H) and R18–2–715.01 amended on 

August 9, 2002.

[FR Doc. 04–24334 Filed 10–29–04; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[ID–02–003; FRL–7825–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; Idaho; 

Correcting Amendments

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Final rule; correcting 

amendments. 

SUMMARY: This action corrects the 

incorporation by reference provisions in 

the approval of the Idaho PM10 State 

Implementation Plan (SIP) maintenance 

plan for the Ada County/Boise, Idaho 

area published on October 27, 2003.

DATES: This action is effective 

November 1, 2004.

ADDRESSES: Copies of the supporting 

documentation used in developing this 

action and the action being corrected are 

available for inspection during normal 

business hours at the following 

locations: U.S. Environmental 

Protection Agency, Region 10, Office of 

Air, Waste and Toxics (AWT–107), 1200 

Sixth Avenue, Seattle, Washington 

98101; Idaho Operations Office, 1435 

North Orchard Street, Boise, Idaho 

83706.

FOR FURTHER INFORMATION CONTACT:

Colleen Huck at (206) 553–1770 or 

Donna Deneen at (206) 553–6706 or at 

the above EPA, Region 10 address.

SUPPLEMENTARY INFORMATION: On 

October 27, 2003, (68 FR 61106), EPA 

approved an Idaho SIP maintenance 

plan which addressed the attainment 

and maintenance of the National 

Ambient Air Quality Standard (NAAQS) 

for PM10 in the Ada County/Boise, Idaho 

area. PM10 air pollution is suspended 

particulate matter with a diameter less 

than or equal to a nominal ten 

micrometers. 

In approving the Ada County/Boise, 

Idaho PM10 maintenance plan, EPA 

incorporated by reference specific 

permit conditions limiting particulate 

matter emissions for a number of 

facilities in the Ada County/Boise Idaho 

area (68 FR 61110). In doing so, EPA 

inadvertently incorporated by reference 

permit conditions relating to the 

installation of a beet cleaning system, a 

transformer evaporator, and mill heaters 

in the State of Idaho Air Pollution 

Operating Permit for the Amalgamated 

Sugar Company LLC, Permit No. 027–

00010, issued September 30, 2002.

Idaho subsequently provided 

information to EPA indicating that the 

installation of the beet cleaning system, 

Federal Register / Vol. 69, No. 210 / Monday, November 1, 2004 / Rules and Regulations 63325

transformer evaporator, and mill heaters 

are preliminary steps required for 

installation and operation of a steam 

dryer system and, based on its analysis, 

should have no impact on actual or 

potential PM10 emissions rates. Based 

on the State’s information, EPA has 

determined that the permit conditions 

addressing the installations were 

unnecessarily incorporated by reference 

for the Ada County/Boise, Idaho PM10

maintenance plan. This action corrects 

the incorporation by reference of these 

conditions. Specifically, this action 

removes permit conditions 13.5, 13.5.2, 

13.5.3, 13.6, 13.6.1, and 13.6.2 and 

provisions 13.5 and 13.6 in Table 13.1 

from the list of permit conditions that 

are incorporated by reference. The 

incorporation by reference of the 

deadline for the installation and 

operation of the steam dryer system, 

which will result in a reduction of the 

rate of pollutants emitted by the facility, 

has not changed. 

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 

correcting a previous rulemaking action 

that had been subject to notice and 

comment procedures. 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). 

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, 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). 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 corrective action 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 will 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 

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 corrective 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 action 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 (CRA), 

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 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 therefor, and 

established an effective date of 

November 1, 2004. 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 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 January 3, 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 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Particulate matter, Reporting and 

recordkeeping requirements.

Dated: September 27, 2004. 

Ronald A. Kreizenbeck, 

Acting Regional Administrator, Region 10.

■ Chapter I, title 40 of the Code of 

Federal Regulations is 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 N—Idaho

■ 2. Section 52.670 is amended by 

revising paragraph (c)(38)(i)(A)(12) to 

read as follows:

§ 52.670 Identification of Plan.

* * * * *

(a) * * * 

(38) * * *

(i) * * *

(A) * * *

(12) State of Idaho Air Pollution 

Operating Permit for The Amalgamated 

Sugar Company LLC, Permit No. 027–

00010, issued September 30, 2002, the 

following conditions: 2 (heading only), 

(2.7, Table 2.2 as it applies to PM10), 

2.10, 2.10.1, 2.10.2, 2.11, 2.11.1, 2.11.2, 

2.11.3, 2.11.4, 2.11.5, 2.12, 2.12.1, 

2.12.2, 2.12.3, 2.13, 2.13.1, 2.13.2, 

2.13.3, 2.14, 2.14.1, 2.14.2, 2.16, 3 

(heading only), (3.3, Table 3.2 as it 

applies to PM10), 3.5, 3.7, 3.8, 3.8.1, 

3.8.2, 3.8.3, 3.8.4, 3.8.5, 3.8.6, 3.8.7, 

3.8.8, 3.9, 4 (heading only), (4.3, Table 

4.1 as it applies to PM10), 4.5, 4.6, 4.7, 

63326 Federal Register / Vol. 69, No. 210 / Monday, November 1, 2004 / Rules and Regulations 

5 (heading only), (5.3, Table 5.3 as it 

applies to PM10), 5.5, 5.9, 5.9.1, 5.9.2, 

5.9.3, 5.9.4, 5.9.5, 5.9.6, 5.9.7, 5.9.8, 

5.9.9, 5.10, 5.11, 6 (heading only), 6.3, 

Table 6.1, 6.5, 6.6, 6.7, 6.7.1, 6.7.2, 6.8, 

7 (heading only), (7.3, Table 7.1 as it 

applies to PM10), 7.5, 7.7, 7.7.1, 7.7.2, 

7.8, 8 (heading only), 8.3, Table 8.1, 8.5, 

8.7, 8.7.1, 8.7.2, 8.8, 9 (heading only), 

9.3, Table 9.1, 9.5, 9.7, 9.7.1, 9.7.2, 9.8, 

10 (heading only), 10.3, Table 10.1, 10.6, 

10.8, 10.8.1, 10.8.2, 10.9, 11 (heading 

only), 11.3, Table 11.2, 11.6, 11.8, 

11.8.1, 11.8.2, 11.9, 12 (heading only), 

12.3, Table 12.1, 12.5, 12.7, 12.7.1, 

12.7.2, 12.8, 13 (heading only), 13.1 

(except as it applies to conditions 13.3, 

13.3.1, 13.3.2, 13.5, 13.5.1, 13.5.2, 

13.5.3, 13.6, 13.6.1, 13.6.2 and 13.9), 

Table 13.1 (except conditions 13.3, 13.5 

and 13.6), (13.2, Table 13.2 as it applies 

to PM10), 13.2.1, 13.4, 13.4.1, 13.4.2, 

13.4.3, 13.7, 13.7.1, 13.7.2, 13.8, 13.8.1, 

13.8.2, 13.8.3, 13.10, and 13.11.

[FR Doc. 04–24333 Filed 10–29–04; 8:45 am] 

BILLING CODE 6560–50–P

DEPARTMENT OF DEFENSE

48 CFR Parts 201 and 202 

[DFARS Case 2003–D090] 

Defense Federal Acquisition 

Regulation Supplement; Procedures, 

Guidance, and Information

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

SUMMARY: DoD has issued a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to define a companion 

resource to the DFARS that contains 

mandatory and non-mandatory internal 

DoD procedures, non-mandatory 

guidance, and supplemental 

information. This new resource, entitled 

Procedures, Guidance, and Information, 

is a result of a transformation initiative 

undertaken by DoD to dramatically 

change the purpose and content of the 

DFARS.

DATES: Effective November 1, 2004.

FOR FURTHER INFORMATION CONTACT: Ms. 

Michele Peterson, Defense Acquisition 

Regulations Council, 

OUSD(AT&L)DPAP(DAR), IMD 3C132, 

3062 Defense Pentagon, Washington, DC 

20301–3062. Telephone (703) 602–0311; 

facsimile (703) 602–0350. Please cite 

DFARS Case 2003–D090.

SUPPLEMENTARY INFORMATION:

A. Background 

DFARS Transformation is a major 

DoD initiative to dramatically change 

the purpose and content of the DFARS. 

The objective is to improve the 

efficiency and effectiveness of the 

acquisition process, while allowing the 

acquisition workforce the flexibility to 

innovate. The transformed DFARS will 

contain only requirements of law, DoDwide policies, delegations of FAR 

authorities, deviations from FAR 

requirements, and policies/procedures 

that have a significant effect beyond the 

internal operating procedures of DoD or 

a significant cost or administrative 

impact on contractors or offerors. 

Additional information on the DFARS 

Transformation initiative is available at 

http://www.acq.osd.mil/dpap/dfars/

transf.htm.

This final rule is a result of the 

DFARS Transformation initiative. The 

rule establishes the framework for a new 

DFARS companion resource, 

Procedures, Guidance, and Information 

(PGI), which contains mandatory and 

non-mandatory internal DoD 

procedures, non-mandatory guidance, 

and supplemental information. PGI will 

not be published in the Code of Federal 

Regulations, but will be available 

electronically at http://www.acq.osd.

mil/dpap/dars/index.htm. Use of PGI 

will enable DoD to more rapidly convey 

internal administrative and procedural 

information to the acquisition 

workforce. The HTML version of the 

DFARS available at http://www.acq.osd.

mil/dpap/dfars/index.htm will contain 

computerized links to the corresponding 

PGI sections.

DoD published a proposed rule at 69 

FR 8145 on February 23, 2004. DoD 

received one comment on the proposed 

rule. The comment recommended 

additional policy and procedures 

relating to interagency acquisitions 

under the Economy Act (31 U.S.C. 

1535). The comment is considered to be 

outside the scope of this case, but will 

be considered with other changes being 

developed for DFARS Part 217, which 

addresses the Economy Act. DoD has 

adopted the proposed rule as a final rule 

without change. 

This rule was not subject to Office of 

Management and Budget review under 

Executive Order 12866, dated 

September 30, 1993. 

B. Regulatory Flexibility Act 

DoD certifies that this final rule will 

not have a significant economic impact 

on a substantial number of small entities 

within the meaning of the Regulatory 

Flexibility Act, 5 U.S.C. 601, et seq., 

because the new DFARS companion 

resource will contain only procedures, 

guidance, and information that have no 

significant effect beyond the internal 

operating procedures of DoD and no 

significant cost or administrative impact 

on contractors or offerors. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the rule does not 

impose any information collection 

requirements that require the approval 

of the Office of Management and Budget 

under 44 U.S.C. 3501, et seq.

List of Subjects in 48 CFR Parts 201 and 

202 

Government procurement.

Michele P. Peterson, 

Executive Editor, Defense Acquisition 

Regulations Council.

■ Therefore, 48 CFR parts 201 and 202 

are amended as follows:

■ 1. The authority citation for 48 CFR 

parts 201 and 202 continues to read as 

follows:

Authority: 41 U.S.C. 421 and 48 CFR 

Chapter 1.

PART 201—FEDERAL ACQUISITION 

REGULATIONS SYSTEM

■ 2. Section 201.105–3 is revised to read 

as follows:

201.105–3 Copies. 

The DFARS and the DFARS 

Procedures, Guidance, and Information 

(PGI) are available electronically via the 

World Wide Web at http://

www.acq.osd.mil/dpap/dars/index.htm.

■ 3. Section 201.201–70 is added to read 

as follows:

201.201–70 Maintenance of Procedures, 

Guidance, and Information. 

The DAR Council is also responsible 

for maintenance of the DFARS 

Procedures, Guidance, and Information 

(PGI).

■ 4. Section 201.301 is amended by 

revising paragraph (a) to read as follows:

201.301 Policy. 

(a)(1) DoD implementation and 

supplementation of the FAR is issued in 

the Defense Federal Acquisition 

Regulation Supplement (DFARS) under 

authorization and subject to the 

authority, direction, and control of the 

Secretary of Defense. The DFARS 

contains—

(i) Requirements of law; 

(ii) DoD-wide policies; 

(iii) Delegations of FAR authorities; 

(iv) Deviations from FAR 

requirements; and 

(v) Policies/procedures that have a 

significant effect beyond the internal 

operating procedures of DoD or a 

significant cost or administrative impact 

on contractors or offerors.