Federal Register / Vol. 69, No. 131 / Friday, July 9, 2004 / Rules and Regulations 41431

(iii) For operations which will not 

involve the use of mechanized 

earthmoving equipment such as 

bulldozers or backhoes or the cutting of 

trees, unless those operations otherwise 

might cause a disturbance of surface 

resources.

* * * * *

Dated: June 30, 2004. 

Mark Rey, 

Under Secretary, Natural Resources and 

Environment.

[FR Doc. 04–15483 Filed 7–8–04; 8:45 am] 

BILLING CODE 3410–11–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[HI 001–001a; FRL–7778–5] 

Revisions to the Hawaii State 

Implementation Plan

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final 

action to approve a revision to the 

Hawaii State Implementation Plan (SIP). 

Under authority of the Clean Air Act as 

amended in 1990 (CAA or the Act), we 

are approving an amendment to the Air 

Quality Surveillance Network.

DATES: This rule is effective on 

September 7, 2004 without further 

notice, unless EPA receives adverse 

comments by August 9, 2004. If we 

receive such comments, we will publish 

a timely withdrawal in the Federal 

Register to notify the public that this 

direct final rule will not take effect.

ADDRESSES: Send comments to Andy 

Steckel, Rulemaking Office Chief (AIR–

4), U.S. Environmental Protection 

Agency, Region IX, 75 Hawthorne 

Street, San Francisco, CA 94105–3901 

or e-mail to steckel.andrew@epa.gov, or 

submit comments at http://

www.regulations.gov.

You can inspect copies of the 

submitted SIP revision, EPA’s technical 

support document (TSD), and public 

comments at our Region IX office during 

normal business hours by appointment. 

You may also see copies of the 

submitted SIP revision by appointment 

at the following locations: 

Air and Radiation Docket and 

Information Center, U.S. Environmental 

Protection Agency, Room B–102, 1301 

Constitution Avenue, NW., (Mail Code 

6102T), Washington, DC 20460. 

Hawaii Department of Public Health, 

Environmental Protection and Health 

Services Division, 1250 Punchbowl 

Street, Honolulu, Oahu, Hawaii 96801.

FOR FURTHER INFORMATION CONTACT: Julie 

A. Rose, EPA Region IX, (415) 947–

4126, rose.julie@epa.gov.

SUPPLEMENTARY INFORMATION:

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

and ‘‘our’’ refer to EPA.

Table of Contents 

I. The State’s Submittal 

A. What revision did the State submit? 

B. Are there other versions of this network? 

C. What is the purpose of the submitted 

revision? 

II. EPA’s Evaluation and Action. 

A. How is EPA evaluating the revision? 

B. Does the revision meet the evaluation 

criteria? 

C. Public comment and final action. 

III. Statutory and Executive Order Reviews

I. The State’s Submittal

A. What Revision Did the State Submit? 

The Hawaii Department of Health 

(HDH) submitted a revision to their air 

quality surveillance network for 

particulate matter of 10 microns or less 

(PM–10). 

B. Are There Other Versions of the 

Network? 

The air quality surveillance network 

was submitted on August 21, 1980 and 

approved in the Federal Register on 

August 10, 1981. 

C. What Is the Purpose of the Submitted 

Revision? 

In accordance with 40 CFR parts 51 

and 58, States are required to submit a 

plan that provides for the establishment 

of an air quality surveillance system. 

The system must consist of a network of 

monitoring stations designated as State 

and Local Air Monitoring Stations 

(SLAMS) and National Air Monitoring 

Stations (NAMS) which measure 

ambient concentrations of pollutants for 

which standards have been established. 

The HDH revised their air quality 

surveillance network for particulate to 

accommodate the PM–10 provisions. 

The ambient particulate samplers were 

converted to the EPA-approved ambient 

PM–10 samplers on July 1, 1989 for the 

SLAMS and on July 1, 1988 for the 

NAMS. The HDH also committed to 

keep the descriptions of these networks 

updated and available to the public. 

II. EPA’s Evaluation and Action 

A. How Is EPA Evaluating the Revision? 

This revision updates the State’s air 

quality surveillance network to include 

PM–10. The network must meet the 

requirements of 40 CFR parts 51 and 58. 

B. Does the Revision Meet the 

Evaluation Criteria? 

This revision is consistent with the 

relevant policy and guidance regarding 

air quality surveillance networks. 

C. Public Comment and Final Action 

As authorized in section 110(k)(3) of 

the Act, EPA is fully approving the 

submitted plan revision because we 

believe they fulfill all relevant 

requirements. We do not think anyone 

will object to this approval, so we are 

finalizing it without proposing it in 

advance. However, in the Proposed 

Rules section of this Federal Register, 

we are simultaneously proposing 

approval of the same submitted plan 

revision. If we receive adverse 

comments by August 9, 2004, we will 

publish a timely withdrawal in the 

Federal Register to notify the public 

that the direct final approval will not 

take effect and we will address the 

comments in a subsequent final action 

based on the proposal. If we do not 

receive timely adverse comments, the 

direct final approval will be effective 

without further notice on September 7, 

2004. This will incorporate these rules 

into the federally enforceable SIP. 

III. 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). 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

41432 Federal Register / Vol. 69, No. 131 / Friday, July 9, 2004 / Rules and Regulations 

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.). 

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 September 7, 

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 in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Particulate matter, Reporting and 

recordkeeping requirements.

Dated: June 15, 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 M—Hawaii

■ 2. Section 52.620 is amended by 

adding paragraph (c)(17) to read as 

follows:

§ 52.620 Identification of plan.

* * * * *

(c) * * * 

(17) The following amendment to the 

plan was submitted on September 14, 

1988, by the Governor’s designee. 

(i) Incorporation by reference. 

(A) Hawaii Department of Health. 

(1) Section XII, Air Quality 

Surveillance Network adopted on 

August 16, 1988.

* * * * *

[FR Doc. 04–15527 Filed 7–8–04; 8:45 am] 

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 04–1737, MB Docket No. 04–78, RM–

10866] 

Digital Television Broadcast Service; 

Ponce, PR

AGENCY: Federal Communications 

Commission.

ACTION: Final rule.

SUMMARY: The Commission, at the 

request of Siete Grande Television, Inc., 

substitutes DTV channel 8c for DTV 

channel 66 at Ponce, Puerto, Rico. See

69 FR 19363, April 13, 2004. DTV 

channel 8c can be allotted to Ponce in 

compliance with the principle 

community coverage requirements of 

section 73.625(a) at reference 

coordinates 18–02–52 N. and 66–39–16 

W. with a power of 50, HAAT of 88 

meters and with a DTV service 

population of 1047 thousand. With this 

action, this proceeding is terminated.

DATES: Effective August 16, 2004.

FOR FURTHER INFORMATION CONTACT: Pam 

Blumenthal, Media Bureau, (202) 418–

1600.

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Report 

and Order, MB Docket No. 04–78, 

adopted June 18, 2004, and released 

June 30, 2004. The full text of this 

document is available for public 

inspection and copying during regular 

business hours in the FCC Reference 

Information Center, Portals II, 445 12th 

Street, SW., Room CY–A257, 

Washington, DC. This document may 

also be purchased from the 

Commission’s duplicating contractor, 

Qualex International, Portals II, 445 

12th Street, SW., CY–B402, Washington, 

DC, 20554, telephone (202) 863–2893, 

facsimile (202) 863–2898, or via e-mail 

qualexint@aol.com. The Commission 

will send a copy of this Report and 

Order in a report to be sent to Congress 

and the General Accounting Office 

pursuant to the Congressional Review 

Act, see 5 U.S./c,801(a)(1)(A).

List of Subjects in 47 CFR Part 73 

Digital television broadcasting, 

Television.

■ Part 73 of title 47 of the Code of Federal 

Regulations is amended as follows:

PART 73—[AMENDED]

■ 1. The authority citation for part 73 

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334 and 336.