12802 Federal Register / Vol. 69, No. 53 / Thursday, March 18, 2004 / Rules and Regulations 

(d) through (f) [Reserved]. For further 

guidance, see § 1.1502–80(d) through (f).

Mark E. Matthews, 

Deputy Commissioner for Services and 

Enforcement. 

Approved: March 9, 2004. 

Gregory F. Jenner, 

Acting Assistant Secretary of the Treasury.

[FR Doc. 04–6140 Filed 3–17–04; 8:45 am] 

BILLING CODE 4830–01–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[AZ 114–CORR; FRL–7632–1] 

Approval and Promulgation of State 

Implementation Plans; Designation of 

Areas for Air Quality Planning 

Purposes; State of Arizona; Tucson 

Area; Technical Correction

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Final rule; technical correction.

SUMMARY: In this action, EPA is 

amending a section in part 52, title 40, 

of the Code of Federal Regulations (CFR) 

that identifies the Agency’s approvals of 

revisions to the Arizona State 

Implementation Plan, and is amending 

a section of part 81, title 40, of the Code 

of Federal Regulations that identifies 

area designations within Arizona. The 

purpose of this action is to correct these 

sections to conform to a previous final 

action taken by EPA related to 

attainment of the Carbon Monoxide 

National Ambient Air Quality Standard 

in the Tucson Air Planning Area.

EFFECTIVE DATE: This action is effective 

on March 18, 2004.

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:

Eleanor Kaplan, Air Planning Office 

(Air-2), U.S. Environmental Protection 

Agency, Region IX, (415) 947–4147 or email to kaplan.eleanor@epa.gov.

SUPPLEMENTARY INFORMATION: On June 8, 

2000, at 65 FR 36353, EPA published a 

final rulemaking action approving the 

request by Arizona for the redesignation 

of the Tucson Air Planning Area (TAPA) 

to attainment for the carbon monoxide 

(CO) National Ambient Air Quality 

Standard (NAAQS) and for approval of 

a maintenance plan. The effective date 

for that action was July 10, 2000. On 

August 21, 2000, at 65 FR 50651, EPA 

published a correction to the June 8, 

2000 final rule adding amendments 

relating to various Arizona statutes to 40 

CFR part 52, § 52.120, which identifies 

the Arizona State Implementation Plan 

(SIP), and correcting the description of 

the boundaries for TAPA in 40 CFR part 

81, § 81.303, which identifies the area 

designations for air quality planning 

purposes within Arizona. 

However, in correcting the 

description of the boundaries of TAPA 

in the August 21, 2000 correction 

notice, EPA inadvertently changed the 

effective date in the Arizona CO table in 

40 CFR part 81, § 81.303, on which 

TAPA’s designation became attainment 

for the CO NAAQS from the correct 

date, July 10, 2000, to an incorrect date, 

September 20, 2000. Publication of the 

2003 Edition of the volume of 40 CFR 

containing parts 81 to 85 (i.e., with 

revisions as of July 1, 2003) added 

another error by moving the date 

(erroneously listed as September 20, 

2000) for TAPA in the Arizona CO table 

to the column that describes the 

designated area. Also, in the August 21, 

2000 correction notice, EPA 

inadvertently deleted the designation 

type (‘‘Attainment’’) from the 

appropriate column in 40 CFR part 81, 

§ 81.303. Therefore, EPA is taking action 

today to amend the Arizona CO table in 

40 CFR 81.303 to identify the correct 

effective date for the designation of 

attainment for TAPA with respect to the 

CO NAAQS, i.e., July 10, 2000, in the 

appropriate column, and to identify the 

designation type (‘‘Attainment’’) in the 

appropriate column, consistent with 

EPA’s final rule published on June 8, 

2000 (65 FR 36353). EPA is also taking 

this opportunity to revise the 

description of the boundaries for the 

designated area (‘‘Tucson Area’’) in 

recognition of the change in status of 

Saguaro National Monument to Saguaro 

National Park. Saguaro National Park 

was so designated in 1994. 

In addition, in the June 8, 2000 final 

rule, EPA inadvertently failed to list the 

1996 Carbon Monoxide Limited 

Maintenance Plan for the Tucson Air 

Planning Area (as updated August, 

1997), submitted by the Arizona 

Department of Environmental Quality 

(ADEQ) to EPA on October 6, 1997, as 

an approved revision to the Arizona SIP 

in 40 CFR part 52, § 52.120. In the June 

8, 2000 final rule, EPA codified its final 

approval of this plan in 40 CFR part 52, 

§ 52.123, but did not list its approval of 

this plan in 40 CFR part 52, § 52.120, 

which is the section of subpart D 

(Arizona) (of part 52) that identifies the 

original Arizona SIP and all revisions to 

the Arizona SIP that have been 

approved by EPA. Therefore, EPA is 

taking action today to amend 40 CFR 

part 52, § 52.120, [specifically, 

paragraph (c)(91)] to clarify EPA’s 

approval of the 1996 Carbon Monoxide 

Limited Maintenance Plan for the 

Tucson Air Planning Area (as updated 

August, 1997), submitted by ADEQ on 

October 6, 1997, as a revision to the 

Arizona SIP. 

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 the listing of approved plan 

revisions in 40 CFR part 52, § 52.120, 

and correcting the table listing the area 

designations in 40 CFR part 81, 

§ 81.303, to reflect a previous EPA 

rulemaking 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 and affected parties have 

known of the underlying rule since June 

8, 2000, EPA finds that good cause 

exists to provide for an immediate 

effective date pursuant to 5 U.S.C 

553(d)(3).

Summary of Final Action 

In this action, EPA is amending 40 

CFR part 52, subpart D, to list EPA 

approval of the Tucson CO maintenance 

plan as a revision to the Arizona SIP 

and is amending 40 CFR part 81, 

subpart C, to correct errors in the 

Arizona CO table for the Tucson Air 

Planning Area. Specifically, this action 

amends 40 CFR part 52, § 52.120, 

relating to the Identification of Plan, and 

40 CFR part 81, § 81.303, describing the 

boundary, date of attainment and 

attainment status of the Tucson Air 

Planning Area. This action aligns the 

applicable sections of 40 CFR parts 52 

and 81 with our final rule published in 

the Federal Register on June 8, 2000 

that redesignated the Tucson Air 

Planning Area to attainment for the CO 

NAAQS and that approved the 

maintenance plan for that area as a 

revision to the Arizona SIP. 

Federal Register / Vol. 69, No. 53 / Thursday, March 18, 2004 / Rules and Regulations 12803

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). 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 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 

rule 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 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 technical correction 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 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.). EPA’s compliance 

with these statutes and Executive 

Orders for the underlying rule is 

discussed in the June 8, 2000 Federal 

Register action. 

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. 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 March 

18, 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 May 17, 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, Carbon monoxide, 

Intergovernmental relations, Reporting 

and recordkeeping requirements. 

40 CFR Part 81 

Air pollution control, National parks.

Dated: February 19, 2004. 

Laura Yoshii, 

Acting Regional Administrator, Region IX.

■ Parts 52 and 81 of Chapter I, Title 40 

of the Code of Federal Regulations 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 D—Arizona

■ 2. Section 52.120 is amended by 

revising paragraph (c)(91) to read as 

follows:

§ 52.120 Identification of plan.

* * * * *

(c) * * *

(91) The following amendments to the 

plan were submitted on October 6, 1997 

by the Governor’s designee. 

(i) Incorporation by reference. 

(A) 1996 Carbon Monoxide Limited 

Maintenance Plan for the Tucson Air 

Planning Area (as updated August, 

1997). 

(1) Base year (1994) emissions 

inventory and contingency plan, 

including commitments to follow 

maintenance plan contingency 

procedures by the Pima Association of 

Governments and by the member 

jurisdictions: the town of Oro Valley, 

Arizona (Resolution No. (R) 96–38, 

adopted June 5, 1996), the City of South 

Tucson (Resolution No. 96–16, adopted 

on June 10, 1996), Pima County 

(Resolution and Order No. 1996–120, 

adopted June 18, 1996), the City of 

Tucson (Resolution No. 17319, adopted 

June 24, 1996), and the town of Marana, 

Arizona (Resolution No. 96–55, adopted 

June 18, 1996). 

(B) Arizona Revised Statutes. Senate 

Bill 1002, Sections 26, 27 and 28: ARS 

41–2083 (amended), 41–2122 

(amended), 41–2125 (amended), 

adopted on July 18, 1996.

* * * * *

PART 81—[AMENDED]

■ 1. The authority citation for part 81 

continues to read as follows:

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

Subpart C—Section 107 Attainment 

Status Designations

■ 2. In § 81.303, the Arizona Carbon 

Monoxide table is amended by revising 

the entry for the Tucson Area to read as 

follows:

§ 81.303 Arizona.

* * * * *

12804 Federal Register / Vol. 69, No. 53 / Thursday, March 18, 2004 / Rules and Regulations 

ARIZONA.—CARBON MONOXIDE

Designated area 

Designation Classification 

Date 1 Type Date 1 Type 

*******

Tucson Area: July 10, 2000 Attainment.

Pima County (part) Township and Ranges as follows: 

T11–12S, R12–14E; T13–15S; R11–16E; and 

T16S, R12–16E Gila and Salt River Baseline and 

Meridian excluding portions of the Saguaro National Park and the Coronado National Forest.

*******

1This date is November 15, 1990, unless otherwise noted. 

* * * * *

[FR Doc. 04–4817 Filed 3–17–04; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 112

[FRL–7637–8] 

RIN 2050 AC62 

Spill Prevention, Control, and 

Countermeasure (SPCC) Stakeholder 

Meeting

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Notice of meeting.

SUMMARY: On July 17, 2002 (67 FR 

47042), EPA published final 

amendments to the SPCC rule. This rule 

amended an existing rule that had been 

in effect since 1974. This final rule was 

effective on August 16, 2002 and 

included dates by which a facility 

would have to amend and implement its 

SPCC plan. The Agency subsequently 

extended the compliance dates. The 

compliance deadline for revision and 

professional engineer (PE) certification 

of SPCC plans is August 17, 2004. 

In anticipation of this August 17, 2004 

deadline, EPA will hold a meeting with 

the regulatory community and 

interested stakeholders to explain 

Agency efforts to clarify the regulations 

and facilitate compliance.

DATES: EPA will hold a public meeting 

on March 31, 2004 from 9:30 a.m. to 3 

p.m.

ADDRESSES: The meeting will be held in 

Washington, DC. The exact location of 

the meeting will be announced on the 

Oil Spill Program web site (http://

www.epa.gov/oilspill/) or you may 

contact the person listed in FOR FURTHER

INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT:

Members of the public desiring 

additional information about this 

meeting should contact: Leigh DeHaven, 

U.S. EPA (5203G), 1200 Pennsylvania 

Avenue, NW., Washington, DC 20460, 

via the Internet at: 

dehaven.leigh@epa.gov, by telephone at 

(703) 603–9065 or Fax at (703) 603–

9116.

SUPPLEMENTARY INFORMATION: 

Agenda: Introduction/SPCC Program 

Strategy (9:30–10:15 a.m.), SPCC 

Litigation Settlement Issues (10:15–11 

a.m.), Additional SPCC Policy Issues (11 

a.m.–Noon), Lunch Break (Noon–1:15 

p.m.), Additional SPCC Policy Issues 

(1:15–2:45 p.m.), Meeting Wrapup/Next 

Steps (2:45–3 p.m.). 

If you are planning to attend the 

March 31, 2004 meeting in Washington, 

DC, we request you contact Leigh 

DeHaven (see FOR FURTHER INFORMATION

CONTACT) so that we may have an idea 

of the number of the members of the 

public who will attend. In addition, if 

you need special accommodations due 

to a disability, please contact Leigh 

DeHaven no later than March 26, 2004. 

Additional information on the SPCC 

Rule is available on the Internet at: 

http://www.epa.gov/oilspill/spcc.htm.

Dated: March 15, 2004. 

Marianne Lamont Horinko, 

Assistant Administrator, Office of Solid Waste 

and Emergency Response.

[FR Doc. 04–6207 Filed 3–17–04; 8:45 am] 

BILLING CODE 6560–50–U

DEPARTMENT OF TRANSPORTATON

Office of the Secretary 

49 CFR Part 1 

[OST Docket No. 1999–6189] 

Organization and Delegation of Powers 

and Duties Delegations to the Maritime 

Administrator

AGENCY: Office of the Secretary, DOT.

ACTION: Final rule.

SUMMARY: The Secretary of 

Transportation (Secretary) is delegating 

to the Maritime Administrator his 

authorities under Title XXXV, the 

Maritime Security Act of 2003, of the 

National Defense Authorization Act for 

Fiscal Year 2004, Public Law 108–136, 

specifically, section 3517—Maintenance 

and Repair Reimbursement Pilot 

Program, subtitle C—Maritime Security 

Fleet, and subtitle D—National Defense 

Tank Vessel Construction Assistance.

EFFECTIVE DATE: March 18, 2004.

FOR FURTHER INFORMATION CONTACT:

Richard Weaver, Director, Office of 

Management and Information Services, 

Maritime Administration, MAR–310, 

Room 7301, 400 Seventh Street, SW., 

Washington, DC 20590, Phone: (202) 

366–2811.

SUPPLEMENTARY INFORMATION: The 

Secretary of Transportation is delegating 

to the Maritime Administrator his 

authority under Public Law 108–136, 

Title XXXV, the Maritime Security Act 

of 2003, of the National Defense 

Authorization Act for Fiscal Year 2004, 

to: 

Under section 3517, carry out a pilot 

program under which the Secretary may 

enter into an agreement with a Maritime 

Security Fleet contractor regarding 

maintenance and repair of a vessel that 

is subject to an operating agreement.