63452 Federal Register / Vol. 69, No. 211 / Tuesday, November 2, 2004 / Rules and Regulations 

PART 178—APPROVAL OF 

INFORMATION COLLECTION 

REQUIREMENTS

■ 1. The authority citation for part 178 

continues to read as follows:

Authority: 5 U.S.C. 301; 19 U.S.C. 1624; 44 

U.S.C. 3501 et seq.

■ 2. Section 178.2 is amended by adding 

the following in appropriate numerical 

sequence according to the section 

number under the columns indicated:

§ 178.2 Listing of OMB control numbers.

19 CFR section Description OMB Control No. 

*******

§ 10.91 ................................................ Importers of merchandise subject to actual use provisions; proof of use for 

duty rates dependent on actual use.

1651–0032 and 1651–

0038

*******

Robert C. Bonner, 

Commissioner, Customs and Border 

Protection.

Approved: October 27, 2004. 

Timothy E. Skud, 

Deputy Assistant Secretary of the Treasury.

[FR Doc. 04–24326 Filed 11–1–04; 8:45 am] 

BILLING CODE 4820–02–P

POSTAL SERVICE

39 CFR Part 111

Priority Mail Flat-Rate Box

AGENCY: Postal Service.

ACTION: Final rule.

SUMMARY: This final rule sets forth the 

Domestic Mail Manual (DMM) 

standards adopted by the Postal Service 

to implement the Priority Mail flat-rate 

box experiment pursuant to the October 

27, 2004, Decision of the Governors of 

the Postal Service approving the 

Recommend Decision of the Postal Rate 

Commission in its Docket No. MC2004–

2. The recommended decision is based 

on the Stipulation and Agreement that 

represented a negotiated settlement of 

the issues in that docket.

EFFECTIVE DATE: This final rule is 

effective at 12:01 a.m. on November 20, 

2004.

FOR FURTHER INFORMATION CONTACT: Rick 

Klutts, 202–268–7268.

SUPPLEMENTARY INFORMATION: The Postal 

Service is conducting the Priority Mail 

flat-rate box experiment to enhance 

customer convenience through the 

introduction of two flat-rate box options 

for Priority Mail. Many Postal Service 

customers, especially individual 

consumers and small businesses, are 

seeking simplicity and convenience 

when sending a package. Much like the 

Priority Mail flat-rate envelope offered 

since 1991, the flat-rate boxes will 

afford customers a single, 

predetermined rate, regardless of the 

actual weight or destination of the 

mailpiece. The simplified transaction 

with these two flat-rate boxes represents 

an opportunity for the Postal Service to 

enhance value for customers. 

New Domestic Mail Manual (DMM) 

G995 contains rates, eligibility criteria, 

standards, and classification 

information about the two-year Priority 

Mail flat-rate box experiment. 

For the reasons discussed above, the 

Postal Service adopts the following 

amendments to the Domestic Mail 

Manual, which is incorporated by 

reference in the Code of Federal 

Regulations (see 39 CFR 111).

List of Subjects in 39 CFR Part 111

Administrative practice and 

procedure, Postal Service.

PART 111—[AMENDED]

■ 1. The authority citation for 39 CFR 

Part 111 continues to read as follows:

Authority: 5 U.S.C. 552(a); 39 U.S.C. 101, 

401, 403, 404, 414, 3001–3011, 3201–3219, 

3403–3406, 3621, 3626, 5001.

■ 2. Revise the DMM as set forth below:

G General Information

* * * * *

G900 Experimental Classification and 

Rate Filings

* * * * *

[Add new G995 to read as follows:] 

G995 Priority Mail Flat-Rate Box 

1.0 ELIGIBILITY 

1.1 Description 

The standards in G995 apply to each 

addressed USPS-produced Priority Mail 

flat-rate box (Postal Item Numbers: 

OFRB1 and OFRB2). 

1.2 Rate Application 

Each USPS-produced Priority Mail 

flat-rate box is charged the experimental 

Priority Mail flat-rate box rate regardless 

of weight or destination. 

1.3 Basic Standards 

Any amount of mailable material can 

be mailed in a USPS-produced Priority 

Mail flat-rate box. Only USPS-produced 

Priority Mail flat-rate boxes are eligible 

for the flat-rate box rate. All other 

applicable Priority Mail standards 

apply. 

1.4 Package Preparation 

The box flaps must be able to close 

within the normal folds. Tape may be 

applied to the flap and seams for closure 

or to reinforce the box, provided the 

design of the box is not enlarged by 

opening the sides of the box and taping 

or reconstructing the box in any way. 

2.0 RATE 

2.1 Priority Mail Flat-Rate Box Rate 

The flat-rate box rate is $7.70. This 

initial rate is subject to change in a 

future rate proceeding. 

2.2 Postage Payment Methods 

Postage may be paid with postage 

stamps, meter stamps, Informationbased indicia (IBI) meter, PC Postage 

system, or permit imprint, providing all 

the standards for the postage payment 

method are met.

Neva R. Watson, 

Attorney, Legislative.

[FR Doc. 04–24555 Filed 11–1–04; 8:45 am] 

BILLING CODE 7710–12–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63

[GA–112L–2004–1–FRL–7832–7] 

Approval of Section 112(l) Authority for 

Hazardous Air Pollutants; Equivalency 

by Permit Provisions; National 

Emission Standards for Hazardous Air 

Pollutants From the Pulp and Paper 

Industry; State of Georgia

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: Pursuant to section 112(l) of 

the Clean Air Act (CAA), the Georgia 

Environmental Protection Division 

Federal Register / Vol. 69, No. 211 / Tuesday, November 2, 2004 / Rules and Regulations 63453

(GEPD) requested approval to 

implement and enforce State permit 

terms and conditions that substitute for 

the National Emission Standards for 

Hazardous Air Pollutants from the Pulp 

and Paper Industry. The Environmental 

Protection Agency (EPA) has reviewed 

this request and found that it satisfies 

all of the requirements necessary to 

qualify for up-front program approval of 

the State’s equivalency by permit (EBP) 

program. Thus, by approving the State’s 

EBP program the EPA is hereby granting 

GEPD the authority to implement and 

enforce alternative requirements in the 

form of title V permit terms and 

conditions after EPA has approved the 

State’s alternative requirements.

DATES: This direct final rule is effective 

January 3, 2005, without further notice, 

unless EPA receives significant or 

adverse comments by November 23, 

2004. If significant or adverse comments 

are received, EPA will publish a timely 

withdrawal of the direct final rule in the 

Federal Register and inform the public 

that the rule will not take effect.

ADDRESSES: Written Comments must be 

submitted to Lee Page, Air Toxics 

Assessment and Implementation 

Section; Air Toxics and Monitoring 

Branch; Air, Pesticides and Toxics 

Management Division; U.S. 

Environmental Protection Agency 

Region 4; 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. Duplicate 

copies of all comments must also be 

submitted to Ron C. Methier, Chief, Air 

Protection Branch, Georgia 

Environmental Protection Division, 

4244 International Parkway, Suite 120, 

Atlanta, Georgia, 30354. Comments may 

also be submitted electronically, or 

through hand delivery/courier by 

following the detailed instructions 

described in (part (I)(B)(1)(i) through 

(iii)) of the SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Lee 

Page, Air Toxics Assessment and 

Implementation Section, Air Toxics and 

Monitoring Branch, Air, Pesticides and 

Toxics Management Division, Region 4, 

U.S. Environmental Protection Agency, 

61 Forsyth Street, SW., Atlanta, Georgia 

30303–8960. The telephone number is 

(404) 562–9131. Mr. Page can also be 

reached via electronic mail at 

page.lee@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. How Can I Get Copies of This 

Document and Other Related 

Information? 

1. The Regional Office has established 

an official public rulemaking file for this 

action under GA–112L–2004–1 that is 

available for inspection at the Regional 

Office. The official public file consists 

of the documents specifically referenced 

in this action, any public comments 

received, and other information related 

to this action. Although a part of the 

official docket, the public rulemaking 

file does not include Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. The official public 

rulemaking file is the collection of 

materials that is available for public 

viewing at the Air Toxics Assessment 

and Implementation Section, Air Toxics 

and Monitoring Branch, Air, Pesticides 

and Toxics Management Division, 

Region 4, U.S. Environmental Protection 

Agency, 61 Forsyth Street, SW, Atlanta, 

Georgia 30303–8960. EPA requests that 

if at all possible, you contact the contact 

listed in the FOR FURTHER INFORMATION

CONTACT section to schedule your 

inspection. The Regional Office’s 

official hours of business are Monday 

through Friday, 9 to 3:30 excluding 

Federal holidays. 

2. Copies of the State submittal and 

supporting documents are also available 

for public inspection during normal 

business hours, by appointment at the 

Georgia Environmental Protection 

Division, Air Protection Branch, 4244 

International Parkway, Suite 120, 

Atlanta, Georgia 30354. 

3. Electronic Access. You may access 

this Federal Register document 

electronically through the 

Regulation.gov Web site located at 

http://www.regulations.gov where you 

can find, review, and submit comments 

on Federal rules that have been 

published in the Federal Register, the 

Government’s legal newspaper, and are 

open for comment. 

For public commenters, it is 

important to note that EPA’s policy is 

that public comments, whether 

submitted electronically or in paper, 

will be made available for public 

viewing at the EPA Regional Office, as 

EPA receives them and without change, 

unless the comment contains 

copyrighted material, CBI, or other 

information whose disclosure is 

restricted by statute. When EPA 

identifies a comment containing 

copyrighted material, EPA will provide 

a reference to that material in the 

version of the comment that is placed in 

the official public rulemaking file. The 

entire printed comment, including the 

copyrighted material, will be available 

at the Regional Office for public 

inspection. All comments received on 

this rulemaking package will be 

evaluated and addressed if necessary. 

B. How and to Whom Do I Submit 

Comments? 

You may submit comments 

electronically, by mail, or through hand 

delivery/courier. To ensure proper 

receipt by EPA, identify the appropriate 

rulemaking identification number by 

including the text ‘‘Public comment on 

proposed rulemaking GA–112L–2004–

1’’ in the subject line on the first page 

of your comment. Duplicate copies of all 

comments should be transmitted to Ron 

C. Methier, Chief, Air Protection 

Branch, Georgia Environmental 

Protection Division, 4244 International 

Parkway, Suite 120, Atlanta, Georgia 

30354. Please ensure that your 

comments are submitted within the 

specified comment period. Comments 

received after the close of the comment 

period will be marked ‘‘late.’’ EPA is not 

required to consider these late 

comments. 

1. Electronically. If you submit an 

electronic comment as prescribed 

below, EPA recommends that you 

include your name, mailing address, 

and an e-mail address or other contact 

information in the body of your 

comment. Also include this contact 

information on the outside of any disk 

or CD ROM you submit, and in any 

cover letter accompanying the disk or 

CD ROM. This ensures that you can be 

identified as the submitter of the 

comment and allows EPA to contact you 

in case EPA cannot read your comment 

due to technical difficulties or needs 

further information on the substance of 

your comment. EPA’s policy is that EPA 

will not edit your comment, and any 

identifying or contact information 

provided in the body of a comment will 

be included as part of the comment that 

is placed in the official public docket. 

If EPA cannot read your comment due 

to technical difficulties and cannot 

contact you for clarification, EPA may 

not be able to consider your comment. 

i. E-mail. Comments may be sent by 

electronic mail (e-mail) to 

page.lee@epa.gov. Please include the 

text ‘‘Public comment on proposed 

rulemaking GA–112L–2004–1’’ in the 

subject line. EPA’s e-mail system is not 

an ‘‘anonymous access’’ system. If you 

send an e-mail comment directly 

without going through Regulation.gov, 

EPA’s e-mail system automatically 

captures your e-mail address. E-mail 

addresses that are automatically 

captured by EPA’s e-mail system are 

included as part of the comment that is 

placed in the official public docket. 

ii. Regulation.gov. Your use of 

Regulation.gov is an alternative method 

of submitting electronic comments to 

EPA. Go directly to Regulations.gov at 

63454 Federal Register / Vol. 69, No. 211 / Tuesday, November 2, 2004 / Rules and Regulations 

http://www.regulations.gov, then select 

Environmental Protection Agency at the 

top of the page and use the go button. 

The list of current EPA actions available 

for comment will be listed. Please 

follow the online instructions for 

submitting comments. The system is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity, 

e-mail address, or other contact 

information unless you provide it in the 

body of your comment. 

iii. Disk or CD ROM. You may submit 

comments on a disk or CD ROM that 

you mail to the mailing address 

identified in section 2, directly below. 

These electronic submissions will be 

accepted in WordPerfect, Word or ASCII 

file format. Avoid the use of special 

characters and any form of encryption.

2. By Mail. Send your comments to: 

Lee Page, Air Toxics Assessment and 

Implementation Section, Air Toxics and 

Monitoring Branch, Air, Pesticides and 

Toxics Management Division, Region 4, 

U.S. Environmental Protection Agency, 

61 Forsyth Street, SW., Atlanta, Georgia 

30303–8960. Also, send duplicate 

copies of comments to Ron C. Methier, 

Chief, Air Protection Branch, Georgia 

Environmental Protection Division, 

4244 International Parkway, Suite 120, 

Atlanta, Georgia 30354. Please include 

the text ‘‘Public comment on proposed 

rulemaking GA–112L–2004–1’’ in the 

subject line on the first page of your 

comment. 

3. By Hand Delivery or Courier.

Deliver your comments to: Lee Page; Air 

Toxics Assessment and Implementation 

Section; Air Toxics and Monitoring 

Branch; Air, Pesticides and Toxics 

Management Division 12th floor; U.S. 

Environmental Protection Agency 

Region 4; 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 9 to 3:30 excluding Federal 

holidays. Duplicate copies of comments 

should be delivered to Ron C. Methier, 

Chief, Air Protection Branch, Georgia 

Environmental Protection Division, 

4244 International Parkway, Suite 120, 

Atlanta, Georgia 30354. 

C. How Should I Submit CBI to the 

Agency? 

Do not submit information that you 

consider to be CBI electronically to EPA. 

You may claim information that you 

submit to EPA as CBI by marking any 

part or all of that information as CBI (if 

you submit CBI on disk or CD ROM, 

mark the outside of the disk or CD ROM 

as CBI and then identify electronically 

within the disk or CD ROM the specific 

information that is CBI). Information so 

marked will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

In addition to one complete version of 

the comment that includes any 

information claimed as CBI, a copy of 

the comment that does not contain the 

information claimed as CBI must be 

submitted for inclusion in the official 

public regional rulemaking file. If you 

submit the copy that does not contain 

CBI on disk or CD ROM, mark the 

outside of the disk or CD ROM clearly 

that it does not contain CBI. Information 

not marked as CBI will be included in 

the public file and available for public 

inspection without prior notice. If you 

have any questions about CBI or the 

procedures for claiming CBI, please 

consult the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

D. What Should I Consider as I Prepare 

My Comments for EPA? 

You may find the following 

suggestions helpful for preparing your 

comments: 

1. Explain your views as clearly as 

possible. 

2. Describe any assumptions that you 

used. 

3. Provide any technical information 

and/or data you used that support your 

views. 

4. If you estimate potential burden or 

costs, explain how you arrived at your 

estimate. 

5. Provide specific examples to 

illustrate your concerns. 

6. Offer alternatives. 

7. Make sure to submit your 

comments by the comment period 

deadline identified. 

8. To ensure proper receipt by EPA, 

identify the appropriate regional file/

rulemaking identification number in the 

subject line on the first page of your 

response. It would also be helpful if you 

provided the name, date, and Federal 

Register citation related to your 

comments. 

II. Background 

On April 15, 1998, the Environmental 

Protection Agency (EPA) promulgated 

the National Emission Standards for 

Hazardous Air Pollutants from the Pulp 

and Paper Industry (see 63 FR 18504) 

which was codified in 40 CFR part 63, 

subpart S, ‘‘National Emission 

Standards for Hazardous Air Pollutants 

from the Pulp and Paper Industry’’

(Pulp and Paper MACT I). The 

International Paper Augusta Mill in 

Augusta, Georgia, is one of eleven pulp 

and paper mills operating in the State 

and subject to subpart S. 

On September 9, 2004, the Georgia 

Environmental Protection Division 

(GEPD) requested delegation of subpart 

S under 40 CFR 63.94 for the 

International Paper Augusta Mill. EPA 

received the request on September 13, 

2004. Specifically, GEPD requested 

approval to implement and enforce EPA 

approved alternative title V permit 

terms and conditions in place of the 

otherwise applicable requirements of 

subpart S under the process outlined in 

40 CFR 63.94. As part of its request to 

implement and enforce alternative terms 

and conditions in place of the otherwise 

applicable Federal section 112 Clean Air 

Act (CAA) standards, GEPD also 

requested, under 40 CFR 63.91, up-front 

approval of its demonstration that GEPD 

has adequate authorities and resources 

to implement and enforce all delegable 

CAA section 112 programs and rules. 

The purpose of this demonstration is to 

streamline the approval process for 

future CAA section 112(l) applications. 

Under CAA section 112(l), EPA may 

approve State or local rules or programs 

to be implemented and enforced in 

place of certain otherwise applicable 

CAA section 112 Federal rules, emission 

standards, or requirements. The Federal 

regulations governing EPA’s approval of 

State and local rules or programs under 

section 112(l) are located at 40 CFR part 

63, subpart E (see 65 FR 55810, dated 

September 14, 2000). Under these 

regulations, a State or local air pollution 

control agency has the option to request 

EPA’s approval to substitute alternative 

requirements and authorities that take 

the form of permit terms and conditions 

instead of source category regulations. 

This option is referred to as the 

equivalency by permit (EBP) option. To 

receive EPA approval using this option, 

the requirements of 40 CFR 63.91 and 

63.94 must be met. 

The EBP process comprises three 

steps. The first step (see 40 CFR 63.94(a) 

and (b)) is the ‘‘up-front approval’’ by 

EPA of the State EBP program. The 

second step (see 40 CFR 63.94(c) and 

(d)) is the State’s submittal of alternative 

section 112 requirements in the form of 

pre-draft permit terms and conditions, 

which EPA reviews for a determination 

of equivalency. If EPA finds the predraft permit terms and conditions 

equivalent, it approves the State’s 

alternative requirements and notifies the 

State in writing. The third step (see 40 

CFR 63.94(e)) is incorporation of the 

EPA approved pre-draft permit terms 

and conditions into a specific title V 

permit through the title V permit 

issuance process. Until completion of 

step three, all requirements of the Pulp 

and Paper MACT I remain the federally 

Federal Register / Vol. 69, No. 211 / Tuesday, November 2, 2004 / Rules and Regulations 63455

enforceable and applicable requirements 

for the International Paper Augusta Mill. 

The instant rulemaking involves step 

one of the EBP process. The purpose of 

step one, the ‘‘up-front approval’’ of the 

EBP program, is three fold: (1) It ensures 

that GEPD meets the § 63.91(b) criteria 

for up-front approval common to all 

approval options; (2) it provides a legal 

foundation for GEPD to replace the 

otherwise applicable Federal section 

112 requirements with alternative, 

federally enforceable requirements that 

will be reflected in final title V permit 

terms and conditions; and (3) it 

delineates the specific sources and 

Federal emission standards for which 

GEPD will be accepting delegation 

under the EBP option.

Under § 63.94(b) and 63.91, GEPD’s 

request for up-front approval is required 

to include the identification of the 

sources and the source categories for 

which the State is seeking authority to 

implement and enforce alternative 

requirements, the identification of the 

existing section 112 standard for which 

the State is seeking authority to 

implement and enforce alternative 

requirements, and a one time 

demonstration that the State has an 

approved title V operating permit 

program that permits the affected 

sources. In addition, § 63.94(b) requires 

the State to consult with the EPA 

regional office regarding the number of 

sources in a category. 

III. Final Action 

After reviewing the request for 

approval of GEPD’s EBP program for 

subpart S, EPA has determined that this 

request meets all the requirements 

necessary to qualify for up-front 

program approval under CAA section 

112(l) and 40 CFR 63.91 and 63.94. 

GEPD’s request includes the 

identification of the sources and the 

source categories for which the State is 

seeking authority to implement and 

enforce alternative requirements 

(International Paper’s Augusta, Georgia, 

facility: Pulping System Sources at Pulp 

Mills). GEPD’s request also includes a 

one time demonstration of an approved 

title V permitting program (GEPD 

received full EPA approval for its title 

V permitting program on August 7, 

2000), and an identification of the 

existing section 112 standard for which 

it is seeking authority to implement and 

enforce alternative requirements (Pulp 

and Paper MACT I). Finally, GEPD has 

consulted with the EPA Regional Office 

regarding the number of sources in this 

category. Accordingly, EPA approves 

GEPD’s request for program approval to 

implement and enforce alternative 

requirements in the form of title V 

permit terms and conditions for 

International Paper Augusta Mill for 

subpart S (step one approval). 

The EPA is publishing this rule 

without prior proposal because the 

Agency views this as a noncontroversial 

submittal and anticipates no comments 

that would result in amending the direct 

final rule language (significant or 

adverse comments). However, in the 

proposed rules section of this Federal 

Register publication, EPA is publishing 

a separate document that will serve as 

the proposal to approve the section 

112(l) provisions should significant or 

adverse comments be filed. This rule 

will be effective January 3, 2005, 

without further notice unless the 

Agency receives significant or adverse 

comments by November 23, 2004. 

If the EPA receives such comments, 

then EPA will publish a document 

withdrawing the final rule and 

informing the public that the rule will 

not take effect. All public comments 

received will then be addressed in a 

subsequent final rule based on the 

proposed rule. The EPA will not 

institute a second comment period. 

Parties interested in commenting should 

do so at this time. If no such comments 

are received, the public is advised that 

this rule will be effective on January 3, 

2005, and no further action will be 

taken on the proposed rule. Please note 

that if we receive significant or adverse 

comment on an amendment, paragraph, 

or section of this rule and if that 

provision may be severed from the 

remainder of the rule, we may adopt as 

final those provisions of the rule that are 

not the subject of significant or adverse 

comment. 

IV. Statutory and Executive Order 

Reviews 

A. Executive Order 12866

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). Also, this action is not subject 

to Executive Order 13045, entitled, 

‘‘Protection of Children from 

Environmental Health Risks and Safety 

Risks,’’ because it is not an 

‘‘economically significant’’ action under 

Executive Order 12866. 

B. Executive Order 13175

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). Thus, 

Executive Order 13175 does not apply 

to this rule. 

C. Executive Order 13132

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 program implementing 

a Federal program, and does not alter 

the relationship or the distribution of 

power and responsibilities established 

in the Clean Air Act. Thus, Executive 

Order 13132 does not apply to this rule.

D. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA), 

as amended by the Small Business 

Regulatory Enforcement Fairness Act of 

1996 (SBREFA), 5 U.S.C. 601 et seq.

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements under the 

Administrative Procedure Act or any 

other statute unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. Small entities 

include small businesses, small not-forprofit enterprises, and small 

governmental entities with jurisdiction 

over populations of less than 50,000. 

This rule will not have a significant 

impact on a substantial number of small 

entities because approvals under 40 CFR 

63.94 do not create any new 

requirements but simply allows the 

State to implement and enforce permit 

terms in place of Federal requirements 

that the EPA is already imposing. 

Therefore, because this approval does 

not create any new requirements, I 

certify that this action will not have a 

significant economic impact on a 

substantial number of small entities. 

E. Unfunded Mandates 

Under section 202 of the Unfunded 

Mandates Reform Act of 1995 

(Unfunded Mandates Act), signed into 

law on March 22, 1995, EPA must 

prepare a budgetary impact statement to 

accompany any proposed or final rule 

that includes a Federal mandate that 

63456 Federal Register / Vol. 69, No. 211 / Tuesday, November 2, 2004 / Rules and Regulations 

may result in estimated annual costs to 

State, local, or tribal governments in the 

aggregate, or to private sector, of $100 

million or more. Under section 205, 

EPA must select the most cost-effective 

and least burdensome alternative that 

achieves the objectives of the rule and 

is consistent with statutory 

requirements. Section 203 requires EPA 

to establish a plan for informing and 

advising any small governments that 

may be significantly or uniquely 

impacted by the rule. 

EPA has determined that the approval 

action promulgated does not include a 

Federal mandate that may result in 

estimated annual costs of $100 million 

or more to either State, local, or tribal 

governments in the aggregate, or to the 

private sector. This Federal action 

allows Alabama to implement 

equivalent alternative requirements to 

replace pre-existing requirements under 

Federal law, and imposes no new 

requirements. Accordingly, no 

additional costs to State, local, or tribal 

governments, or to the private sector, 

result from this action. 

F. 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. 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). 

G. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (NTTAA), Public Law 104–

113, section 12(d) (15 U.S.C. 272 note) 

directs EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

materials specifications, test methods, 

sampling procedures, and business 

practices) that are developed or adopted 

by voluntary consensus standards 

bodies. The NTTAA directs EPA to 

provide Congress, through OMB, 

explanations when the Agency decides 

not to use available and applicable 

voluntary consensus standards. This 

action does not involve technical 

standards. Therefore, EPA did not 

consider the use of any voluntary 

consensus standards. 

H. 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 63

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Hazardous 

substances, Intergovernmental relations, 

Reporting and recordkeeping 

requirements.

Dated: October 19, 2004. 

J. I. Palmer, Jr., 

Regional Administrator, Region 4.

■ Title 40, chapter I, part 63 of the Code 

of Federal Regulations is amended as 

follows:

PART 63—[AMENDED]

■ 1. The authority citation for part 63 

continues to read as follows:

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

Subpart E—Approval of State 

Programs and Delegation of Federal 

Authorities

■ 2. Section 63.99 is amended by adding 

paragraph (a)(10) to read as follows:

§ 63.99 Delegated Federal authorities. 

(a) * * *

(10) Georgia 

(i) [Reserved] 

(ii) Georgia Environmental Protection 

Division (GEPD) may implement and 

enforce alternative requirements in the 

form of title V permit terms and 

conditions for International Paper 

Augusta Mill, Augusta, Georgia, for 

subpart S of this part—National 

Emission Standards for Hazardous Air 

Pollutants from the Pulp and Paper 

Industry. This action is contingent upon 

GEPD including, in title V permits, 

terms and conditions that are no less 

stringent than the Federal standard. In 

addition, the requirement applicable to 

the source remains the Federal section 

112 requirement until EPA has 

approved the alternative permit terms 

and conditions and the final title V 

permit is issued.

* * * * *

[FR Doc. 04–24409 Filed 11–1–04; 8:45 am] 

BILLING CODE 6560–50–P

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64

[Docket No. FEMA–7853] 

Suspension of Community Eligibility

AGENCY: Federal Emergency 

Management Agency, Emergency 

Preparedness and Response Directorate, 

Department of Homeland Security.

ACTION: Final rule.

SUMMARY: This rule identifies 

communities, where the sale of flood 

insurance has been authorized under 

the National Flood Insurance Program 

(NFIP), that are suspended on the 

effective dates listed within this rule 

because of noncompliance with the 

floodplain management requirements of 

the program. If the Federal Emergency 

Management Agency (FEMA) receives 

documentation that the community has 

adopted the required floodplain 

management measures prior to the 

effective suspension date given in this 

rule, the suspension will be withdrawn 

by publication in the Federal Register.

DATES: The effective date of each 

community’s suspension is the third 

date (‘‘Susp.’’) listed in the third column 

of the following tables.

ADDRESSES: If you wish to determine 

whether a particular community was 

suspended on the suspension date, 

contact the appropriate FEMA Regional 

Office or the NFIP servicing contractor.

FOR FURTHER INFORMATION CONTACT:

Michael Grimm, Mitigation Division, 

500 C Street, SW., Room 412, 

Washington, DC 20472, (202) 646–2878.

SUPPLEMENTARY INFORMATION: The NFIP 

enables property owners to purchase 

flood insurance which is generally not 

otherwise available. In return, 

communities agree to adopt and 

administer local floodplain management 

aimed at protecting lives and new 

construction from future flooding. 

Section 1315 of the National Flood