60036 Federal Register / Vol. 68, No. 203 / Tuesday, October 21, 2003 / Rules and Regulations 

Interference with Constitutionally 

Protected Property Rights. 

Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does 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.

Energy Effects 

We have analyzed this final rule 

under Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. It has not been designated by the 

Administrator of the Office of 

Information and Regulatory Affairs as a 

significant energy action. Therefore, it 

does not require a Statement of Energy 

Effects under Executive Order 13211. 

Environment 

We have analyzed this rule under 

Commandant Instruction M16475.lD, 

which guides the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded that there are no factors 

in this case that would limit the use of 

a categorical exclusion under section 

2.B.2 of the Instruction. Therefore, this 

rule is categorically excluded, under 

figure 2–1, paragraph (34)(g) of the 

Instruction, from further environmental 

documentation. Under figure 2–1, 

paragraph (34)(g), of the Instruction, an 

‘‘Environmental Analysis Check List’’

and a ‘‘Categorical Exclusion 

Determination’’ are not required for this 

rule.

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and Record keeping 

requirements, Security measures, 

Waterways.

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows:

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS

■ 1. The authority citation for part 165 

continues to read as follows:

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701; 50 U.S.C. 191, 195; 33 CFR 

1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1.

■ 2. Add § 165.T17–017 to read as 

follows:

§ 165.T17–017 Security Zone: Port of 

Anchorage, Knik Arm, Alaska. 

(a) Location. The following area is a 

security zone: All navigable waters 

within 1000-yards of the Port of 

Anchorage. Specifically, the zone 

includes the waters of Knik Arm that are 

within an area bounded by a line drawn 

from a point located at 61°15.14′ North, 

149°52.78′ West; thence west to a point 

located at 61°15.14′ North, 149°53.84′

West; thence south to a point located at 

61°14.39′ North, 149°53.64′ West; 

thence east to a point located at 

61°13.94′ North, 149°53.55′ West; 

thence along the shoreline back to the 

beginning point. 

(b) Effective period. This section is 

effective from 12:01 p.m., September 23, 

2003 to 12:01 p.m., March 23, 2004. 

(c) Regulations. (1) For the purpose of 

this section, the general regulations 

contained in 33 CFR 165.33 apply to all 

but the following vessels in the areas 

described in paragraph (a): 

(i) Vessels scheduled to moor and 

offload or load cargo at the Port of 

Anchorage that have provided the Coast 

Guard with an Advance Notice of 

Arrival. 

(ii) Tow vessels contracted, 

specifically Cook Inlet Tug and Barge, to 

assist vessels to the dock at the Port of 

Anchorage. 

(2) All persons and vessels shall 

comply with the instructions of the 

Captain of the Port representative or the 

designated on-scene patrol personnel. 

These personnel are comprised of 

commissioned, warrant, and petty 

officers of the Coast Guard. Upon being 

hailed by a U. S. Coast Guard vessel by 

siren, radio, flashing light, or other 

means, the operator of a vessel shall 

proceed as directed.

Dated: September 23, 2003. 

Thomas D. Harrison, 

Commander, Coast Guard, Acting Captain of 

the Port, Western Alaska.

[FR Doc. 03–26555 Filed 10–20–03; 8:45 am] 

BILLING CODE 4910–15–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[Docket # OR–02–002a; FRL–7568–7] 

Approval and Promulgation of Air 

Quality Implementation Plans; State of 

Oregon; Klamath Falls PM–10 

Nonattainment Area Redesignation to 

Attainment and Designation of Area for 

Air Quality Planning Purposes

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: On November 4, 2002, the 

State of Oregon submitted a PM–10 

maintenance plan for Klamath Falls to 

EPA for approval and concurrently 

requested that EPA redesignate the 

Klamath Falls nonattainment area to 

attainment for the National Ambient Air 

Quality Standard (NAAQS) for 

particulate matter with an aerodynamic 

diameter of less than ten micrometers 

(PM–10). In this action, EPA is 

approving the maintenance plan and 

redesignating the Klamath Falls PM–10 

nonattainment area to attainment.

DATES: This direct final rule will be 

effective December 22, 2003, unless EPA 

receives adverse comments by 

November 20, 2003. If relevant adverse 

comments are received, EPA will 

publish a timely withdrawal of the 

direct final rule in the Federal Register

informing the public that the rule will 

not take effect.

ADDRESSES: Comments may be 

submitted either by mail or 

electronically. Written comments 

should be mailed to Steven K. Body, 

Office of Air Quality, (OAQ–107), EPA 

Region 10, 1200 Sixth Avenue, Seattle, 

Washington 98101. Electronic 

comments should be sent either to 

r10.aircom@epa.gov or to http://

www.regulations.gov, which is an 

alternative method for submitting 

electronic comments to EPA. To submit 

comments, please follow the detailed 

instructions described in the 

SUPPLEMENTARY INFORMATION section, 

Part VII, General Information. 

Copies of the documents relevant to 

this action are available for public 

Federal Register / Vol. 68, No. 203 / Tuesday, October 21, 2003 / Rules and Regulations 60037

inspection during normal business 

hours at the United States 

Environmental Protection Agency, 

Region 10, Office of Air Quality, 1200 

Sixth Avenue, Seattle, WA.

FOR FURTHER INFORMATION CONTACT:

Steven K. Body, State and Tribal 

Programs Unit, Office of Air Quality, 

(OAQ–107), EPA Region 10, 1200 Sixth 

Avenue, Seattle, WA 98101, Telephone 

number: (206) 553–0782, or e-mail 

address: body.steve@epa.gov.

SUPPLEMENTARY INFORMATION:

Throughout this document, wherever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

the EPA. Please note that if EPA 

receives relevant adverse comment on 

an amendment, paragraph or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

EPA may adopt as final those provisions 

of the rule that are not the subject of a 

relevant adverse comment. 

Table of Contents

I. What Is The Purpose of This Action? 

II. Why Was Klamath Falls Designated 

Nonattainment? 

III. How Can a Nonattainment Area be 

Redesignated to Attainment? 

IV. Did the State Follow Appropriate 

Administrative Procedures Before 

Submitting All the Relevant Material to 

EPA? 

V. Evaluation of the Redesignation Request 

and Maintenance Plan 

A. The Area Must Have Attained the PM–

10 NAAQS 

B. The Area Must Have Met All Applicable 

Requirements Under Section 110 and 

Part D 

C. Clean Air Act (CAA) Section 110 

Requirements 

D. Part D Requirements 

E. Section 172(c)(3)—Emissions Inventory 

F. Section 172(c)(5)—New Source Review 

(NSR) 

G. Section 172(c)(7)—Compliance With 

CAA Section 110(a)(2): Air Quality 

Monitoring Requirements 

H. The Area Must Have a Fully Approved 

SIP Under Section 110(k) of the CAA 

I. The Area Must Show the Improvement 

in Air Quality is Due to Permanent and 

Enforceable Emission Reductions 

J. The Area Must Have a Fully Approved 

Maintenance Plan Under CAA Section 

175A 

K. Emissions Inventory—Attainment Year 

L. Demonstration of Maintenance 

M. Monitoring Network and Verification of 

Continued Attainment 

N. Contingency Plan 

O. Transportation Conformity 

VI. Final Action 

VII. General Information 

VIII. Statutory and Executive Order Reviews

I. What Is the Purpose of This Action? 

EPA is approving the Klamath Falls 

PM–10 Maintenance Plan and 

redesignating the Klamath Falls PM–10 

nonattainment area to attainment. 

Klamath Falls is a city in south central 

Oregon with a population of 

approximately 40,000. In the late 1980’s 

Klamath Falls recorded some of the 

highest PM–10 concentrations in the 

country. 

II. Why Was Klamath Falls Designated 

Nonattainment? 

On November 15, 1990, the Clean Air 

Act Amendments of 1990 were enacted 

(Pub. L. 101–549, 104 Stat. 2399, 

codified at 42 U.S.C. 7401–7671q). 

Under section 107(d)(1)(C) of the Clean 

Air Act (CAA), the Klamath Falls, 

Oregon, area was designated 

nonattainment for PM–10 by operation 

of law because the area had been 

designated a Group I planning area 

before November 15, 1990. Group I 

planning areas were identified on 

August 7, 1987. See 52 FR 29383. On 

October 31, 1990, EPA clarified the 

description of certain Group I planning 

areas, including the Klamath Falls area. 

See 55 FR 45799. These areas were 

called ‘‘initial PM–10 nonattainment 

areas.’’ On March 15, 1991, EPA 

announced these areas and classified 

them as moderate PM–10 nonattainment 

areas. See 56 FR 11101. 

III. How Can a Nonattainment Area Be 

Redesignated to Attainment?

Nonattainment areas can be 

redesignated to attainment after the area 

has measured air quality data showing 

it has attained the NAAQS and when 

certain planning requirements are met. 

Section 107(d)(3)(E) of the CAA, and the 

General Preamble to Title I (57 FR 

13498) provide the criteria for 

redesignation. These criteria are further 

clarified in a policy and guidance 

memorandum from John Calcagni, 

September 4, 1992, Procedures for 

Processing Requests to Redesignate 

Areas to Attainment. The criteria for 

redesignation are: 

(1) The Administrator determines that 

the area has attained the relevant 

national ambient air quality standard; 

(2) the Administrator has fully 

approved the applicable 

implementation plan for the area under 

section 110(k) of the Act; 

(3) the Administrator determines that 

the improvement in air quality is due to 

permanent and enforceable reductions 

in emissions resulting from 

implementation of the applicable 

implementation plan, applicable 

Federal air pollution control 

regulations, and other permanent and 

enforceable reductions; 

(4) the Administrator has fully 

approved a maintenance plan for the 

area as meeting the requirements of 

CAA section 175A; and 

(5) the State containing the area has 

meets all requirements applicable to the 

area under section 110 and part D of the 

CAA. 

Before an area can be redesignated to 

attainment, all applicable State 

Implementation Plan (SIP) elements 

must be fully approved. The following 

is a summary of EPA’s analysis and 

conclusion regarding the maintenance 

plan of Klamath Falls and the State’s 

redesignation request. Additional detail 

regarding EPA’s review and analysis 

may be found in the technical support 

document which is located in the public 

docket for this action. 

IV. Did the State Follow Appropriate 

Administrative Procedures Before 

Submitting All the Relevant Material to 

EPA? 

The CAA requires States to follow 

certain procedural requirements for 

submitting SIP revisions to EPA. Section 

110(a)(2) of the CAA requires that each 

SIP revision be adopted by the State 

after reasonable notice and public 

hearing. The State then submits the SIP 

revision to EPA. 

The Oregon Department of 

Environmental Quality (ODEQ), which 

has regulatory authority for sources of 

air pollution in the Klamath Falls PM–

10 nonattainment area, developed the 

PM–10 maintenance plan. On May 20, 

2002, ODEQ notified the public of the 

public hearing on the plan in the Herald 

and News, Klamath Falls, Oregon. On 

June 25, 2002, ODEQ held the public 

hearing at the Klamath Falls City Hall, 

Council Chambers. On October 4, 2002, 

the State of Oregon adopted A Plan for 

Maintaining the National Ambient Air 

Quality Standards for Particulate Matter 

(PM–10) In Klamath Falls Urban Growth 

Boundary Section 4.56 of the State 

Implementation Plan. On November 4, 

2002, the State submitted the 

redesignation request and maintenance 

plan to EPA. 

The State meets the requirements for 

reasonable notice and public hearing 

under section 110(a)(2) of the CAA.

V. Evaluation of the Redesignation 

Request and Maintenance Plan 

A. The Area Must Have Attained the 

PM–10 NAAQS 

Section 107(d)(3)(E)(i) of the CAA 

requires that the Administrator 

determine that the area has attained the 

applicable NAAQS. The primary 24-

hour NAAQS for Particulate Matter with 

an aerodynamic diameter equal to or 

less than 10 micrometers (PM–10) is 150 

micrograms per cubic meter (μg/m 3) for

60038 Federal Register / Vol. 68, No. 203 / Tuesday, October 21, 2003 / Rules and Regulations 

a 24-hour period (midnight to 

midnight), not to be exceeded more than 

once per year averaged over three 

calendar years. The annual NAAQS for 

PM–10 is 50 μg/m 3 annual arithmetic 

average, averaged over three calendar 

years. PM–10 in the ambient air is 

measured by a reference method based 

on 40 CFR part 50, appendix J. EPA 

considers an area as attaining the PM–

10 NAAQS when all of the PM–10 

monitors in the area have an exceedance 

rate of 1.0 or less averaged over three 

calendar years. (See 40 CFR 50.6 and 40 

CFR part 50, appendix J.) In addition, 

the area must continue to show 

attainment through the date that EPA 

promulgates redesignation to 

attainment. 

Oregon’s redesignation request for the 

Klamath Falls PM–10 area is based on 

valid ambient air quality data. Ambient 

air quality monitoring data for calendar 

years 1992 through 2002 show there 

have been no exceedances of the PM–10 

standard since 1992. These data were 

collected and analyzed as required (see

40 CFR 50.6 and 40 CFR part 50, 

appendix J) and have been stored in 

EPA’s Air Quality System (AQS). These 

data have met minimum quality 

assurance requirements and have been 

certified by the State as being valid 

before being included in AQS. The 

Klamath Falls area has not violated the 

PM–10 standard since 1992 and 

continues to demonstrate attainment 

through calendar year 2002. 

B. The Area Must Have Met All 

Applicable Requirements Under Section 

110 and Part D 

Section 107(d)(3)(E)(v) of the CAA 

requires that an area must meet all 

applicable requirements under section 

110 and Part D of the CAA. EPA 

interprets this to mean the State must 

meet all requirements that applied to 

the area prior to, and at the time of, the 

submission of a complete redesignation 

request. Below is a summary of how 

Oregon meets these requirements. 

C. Clean Air Act (CAA) Section 110 

Requirements 

On January 25, 1972, Oregon 

submitted the SIP to EPA. EPA 

approved the SIP on May 31, 1972. See

37 FR 10888. For purposes of 

redesignation, the Oregon SIP, including 

the Klamath Falls PM–10 SIP, were 

reviewed to ensure that the SIP satisfies 

the CAA requirements of section 

110(a)(2). See 40 CFR 52.1970 for a 

complete listing of subsequent Oregon 

SIP submittals and EPA approvals. 

D. Part D Requirements 

Part D provides general requirements 

applicable to all areas designated 

nonattainment. The general 

requirements are followed by a series of 

subparts specific to each pollutant. All 

PM–10 nonattainment areas must meet 

the applicable general provisions of 

subpart 1 (section 172) as well as the 

specific PM–10 provisions in subpart 4, 

‘‘Additional Provisions for Particulate 

Matter Nonattainment Areas.’’

E. Section 172(c)(3)—Emissions 

Inventory 

Section 172(c)(3) of the CAA requires 

a comprehensive, accurate, current 

inventory of actual emissions from all 

sources in the Klamath Falls PM–10 

nonattainment area. 

Oregon included in the proposed 

Klamath Falls maintenance plan an 

emission inventory for calendar year 

1996. This year corresponds to the year 

used in calculating the design value 

(discussed below) which is at a level 

well below the standard. This inventory 

thus represents emissions that are at a 

level to protect the standard. The 

inventory is comprehensive, accurate 

and current and meets the requirements 

of section 172(c)(3) of the CAA. 

F. Section 172(c)(5)—New Source 

Review (NSR) 

The Clean Air Act Amendments of 

1990 contained revisions to the new 

source review (NSR) program 

requirements for the construction and 

operation of new and modified major 

stationary sources located in 

nonattainment areas. The Act requires 

states to amend their SIPs to reflect 

these revisions, but does not require 

submittal of this element along with the 

other SIP elements. The Act established 

June 30, 1992 as the submittal date for 

the revised NSR programs. See section 

189(a) of the Act. The General Preamble 

calls for states to implement their 

existing NSR programs during the 

interval preceding our formal approval 

of their revised NSR programs. 

In Klamath Falls, the requirements of 

the Part D NSR program will be replaced 

by the Prevention of Significant 

Deterioration (PSD) program and the 

maintenance area NSR program upon 

the effective date of redesignation. The 

Oregon Department of Environmental 

Quality rules for new source review that 

meet both attainment and 

nonattainment area requirements 

(provisions of OAR Chapter 340, 

Divisions 200, 202, 209, 212, 216, 222, 

224, 225, and 268), that were in effect 

on October 8, 2002, were approved on 

January 22, 2003, (68 FR 2953) as 

meeting the requirements of title I, parts 

C and D of the Clean Air Act. 

Portions of Divisions 222, 224, and 

225 were revised as part of the Grants 

Pass PM–10 Maintenance Plan and the 

Klamath Falls Maintenance Plan 

development effort. These rule revisions 

were approved by EPA on January 22, 

2003 (68 FR 2953). 

Section 0040(3)(b) of Division 204, 

effective October 8, 2002, is approved in 

this action. This section is revised to 

add Klamath Falls to the PM–10 

Maintenance Area list. 

G. Section 172(c)(7)—Compliance With 

CAA Section 110(a)(2): Air Quality 

Monitoring Requirements 

Once an area is redesignated, the state 

must continue to operate an appropriate 

air monitoring network in accord with 

40 CFR part 58 to verify attainment 

status of the area.

The State of Oregon has operated a 

PM–10 monitor in the Klamath Falls 

area since 1987 at the Peterson School 

Site. In the proposed Klamath Falls 

maintenance plan, the State of Oregon 

commits to continued operation of the 

PM–10 monitoring station. 

H. The Area Must Have a Fully 

Approved SIP Under Section 110(k) of 

the CAA 

States containing initial moderate 

PM–10 nonattainment areas were 

required to submit, by November 15, 

1991, a nonattainment area plan that 

implemented reasonably available 

control measures (RACM) by December 

10, 1993, and demonstrate whether it 

was practicable to attain the PM–10 

NAAQS by December 31, 1994. In order 

to qualify for redesignation, the SIP for 

the area must be fully approved under 

section 110(k) of the Act, and must 

satisfy all requirements that apply to the 

area. Oregon’s CAA part D initial PM–

10 plan for the Klamath Falls PM–10 

nonattainment area was submitted on 

November 15, 1991. The State submitted 

additional information and provisions 

on September 20, 1995. EPA approved 

the Klamath Falls PM–10 attainment 

plan on April 14, 1997. See 62 FR 

18047. Thus, the area has a fully 

approved nonattainment area SIP. 

I. The Area Must Show the Improvement 

in Air Quality Is Due to Permanent and 

Enforceable Emission Reductions 

Section 107(d)(3)(E)(iii) of the CAA 

provides that for an area to be 

redesignated to attainment, the 

Administrator must determine that the 

improvement in air quality is due to 

permanent and enforceable reductions 

in emissions resulting from 

implementation of the applicable 

Federal Register / Vol. 68, No. 203 / Tuesday, October 21, 2003 / Rules and Regulations 60039

implementation plan, implementation 

of applicable Federal air pollutant 

control regulations, and other 

permanent and enforceable reductions. 

The PM–10 emission reductions for 

the Klamath Falls area were achieved 

through a number of permanent and 

enforceable control measures including 

a mandatory woodstove certification 

program for all new stove sales, a 

mandatory woodstove and open burning 

ordinance, a ban on the sale and 

installation of uncertified woodstoves, 

and major source NSR. EPA approved 

these control measures as part of the 

part D SIP submittal on April 14, 1997. 

These control measures will continue 

into the maintenance period for the 

Klamath Falls area. 

The State has demonstrated that the 

air quality improvements in the 

Klamath Falls area are the result of 

permanent enforceable emission 

reductions and are not the result of 

either economic trends or meteorology. 

EPA concludes that the modeling 

demonstration shows the area will meet 

the NAAQS even under the worst case 

meteorological conditions. 

J. The Area Must Have a Fully Approved 

Maintenance Plan Under CAA Section 

175A 

Section 107(d)(3)(E)(iv) of the CAA 

provides that for an area to be 

redesignated to attainment, the 

Administrator must have fully approved 

a maintenance plan for the area meeting 

the requirements of section 175A of the 

CAA. As described below, Oregon has 

complied with the core requirements 

necessary for an approved maintenance 

plan. Accordingly, today’s action 

approves the maintenance plan for 

Klamath Falls, Oregon.

K. Emissions Inventory—Attainment 

Year 

The plan must contain an attainment 

year emissions inventory to identify the 

level of emissions in the area which is 

sufficient to attain the PM–10 NAAQS. 

This inventory is to be consistent with 

EPA’s most recent guidance on 

emissions inventories for nonattainment 

areas available at the time and should 

represent emissions during the time 

period associated with the monitoring 

data showing attainment. The Klamath 

Falls maintenance plan contains an 

accurate, current, and comprehensive 

emission inventory for calendar year 

1996. This year is consistent with the 

design value which was calculated for 

1996. 

L. Demonstration of Maintenance 

EPA policy contained in the 

September 4, 1992, Calcagni memo, 

requires that the maintenance plan 

contain the same level of air quality 

modeling to demonstrate maintenance 

that was used in the original attainment 

plan to demonstrate attainment. The 

Klamath Falls attainment plan approved 

by EPA on April 14, 1997, contained 

simple proportional modeling. This 

approach was acceptable because 

Klamath Falls is a simple air shed and 

residential wood combustion is a 

primary source of emissions 

contributing to the measured violations. 

EPA agreed with Oregon that simple 

proportional modeling of emissions 

from 1996 to the maintenance year of 

2015 and the use of the 1996 design 

value would be an adequate approach 

for the maintenance demonstration. 

Oregon projected emissions for the 

Klamath Falls area to 2015 using 

appropriate growth factors for 

population and industrial growth. The 

increase in emissions from 1996 to 2015 

was used to predict both worst case 24-

hour PM–10 and annual PM–10 

concentrations. 

The 24-hour 1996 design value is 95.2 

μg/m 3, based on measured air quality. 

The 1996 annual design value is 21.0 

μg/m 3. Using the 1996 emission 

inventory, growth projections to 2015, 

and an additional 10% increment above 

the projected growth in motor vehicle 

emissions in 2015, the projected PM–10 

levels will be 112.4 μg/m 3, worst case 

24-hour concentration, and 25.3 μg/m 3, 

annual average concentration. These 

PM–10 concentrations are below the 

level of the 24-hour and annual 

standards and therefore maintenance is 

demonstrated. 

M. Monitoring Network and Verification 

of Continued Attainment 

Continued ambient monitoring of an 

area is required over the maintenance 

period. Section 4.56.4.5 of the Klamath 

Falls maintenance plan provides for 

adequate ambient monitoring to be 

continued in the area for the 

maintenance period. 

N. Contingency Plan 

Section 175A of the Act requires that 

a maintenance plan include contingency 

provisions, as necessary, to correct any 

violation of the NAAQS that occurs after 

redesignation. At a minimum, the 

contingency provisions must include a 

commitment that the State implement 

all measures contained in the 

nonattainment SIP prior to 

redesignation. 

The Klamath Falls maintenance plan 

continues implementation of the control 

measures contained in the 

nonattainment area SIP, with the 

exception of the nonattainment area 

major new source review. Major new 

source review will continue through the 

PSD program. Thus, the State has met 

the minimum requirement. 

In addition to the minimum 

requirements, the Klamath Falls 

maintenance plan contains a 

contingency plan that consists of two 

phases. Phase I is triggered if PM–10 

concentrations equal or exceed 90% of 

the level of either the 24-hour or annual 

standards. Phase I would require a 

review of various residential and 

outdoor burning requirements and 

alternative burning practices. Phase 2 of 

the contingency plan would require the 

implementation of strategies identified 

in Phase I as well as nonattainment 

permitting requirements for all new or 

modified major sources. 

O. Transportation Conformity 

Section 176(c)(2)(A) of the CAA 

requires regional transportation plans to 

be consistent with the motor vehicle 

emissions budget (MVEB) contained in 

the applicable air quality plans for the 

Klamath Falls area. Unless EPA receives 

adverse comments on the MVEB for 

Klamath Falls, the motor vehicle 

emissions budget is deemed adequate to 

maintain the PM–10 standards through 

the maintenance year of 2015. The 

Oregon Department of Transportation, 

and the U.S. Department of 

Transportation are required to use the 

MVEB in this maintenance plan for 

future transportation conformity 

determinations.

The MVEBs to protect for both the 24-

hour and annual National Ambient Air 

Quality Standards for PM–10 are 

proposed for approval for Klamath Falls 

as follows:

KLAMATH FALLS PM10 MOTOR VEHICLE

EMISSIONS BUDGETS

[pounds per winter day] 

Year 2000 2005 2010 2015 

MVEB ........ 2949 3208 3466 3725 

KLAMATH FALLS PM10 MOTOR VEHICLE

EMISSIONS BUDGETS

[tons per year] 

Year 2000 2005 2010 2015 

MVEB ........ 548 596 644 692 

Note that MVEBs for intervening years 

must be interpolated. In the case of 

Klamath Falls both the 24-hour and 

annual budgets must be satisfied in 

order to find that transportation plans 

conform. The TSD summarizes how the 

MVEBs meets the adequacy criteria 

60040 Federal Register / Vol. 68, No. 203 / Tuesday, October 21, 2003 / Rules and Regulations 

contained in the transportation 

conformity rule (40 CFR 93.118(e)(4)). 

VI. Final Action 

EPA is approving the Klamath Falls 

PM–10 maintenance plan and 

redesignating the Klamath Falls, Oregon 

PM–10 nonattainment area to 

attainment. 

VII. 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 

available for inspection at the Regional 

Office, under Docket number OR–02–

002. The official public file consists of 

the documents specifically referenced in 

this action, and other information 

related to this action. The official public 

rulemaking file is available for public 

viewing at the Office of Air Quality, 

(OAQ–107), EPA Region 10, 1200 Sixth 

Avenue, Seattle, WA 98101. EPA 

requests that, if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. EPA’s official 

hours of business are Monday through 

Friday, 8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

2. Copies of the State submission and 

EPA’s technical support document are 

also available for public inspection 

during normal business hours, by 

appointment at the Oregon Department 

of Environmental Quality, 811 SW. 

Sixth Avenue, Portland, Oregon 97204–

1390. 

3. Electronic Access. You may access 

this Federal Register document 

electronically through the 

Regulations.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 on 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. 

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 OR–02–002’’ in 

the subject line on the first page of your 

comment. 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. 

a. E-mail. You may send comments by 

electronic mail (e-mail) to 

r10.aircom@epa.gov, please including 

the text ‘‘Public comment on proposed 

rulemaking OR–02–002’’ 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 Regulations.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. 

b. Regulations.gov. You may use 

Regulations.gov as an alternative 

method to submit electronic comments 

to EPA. Go directly to Regulations.gov at 

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. 

c. 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: 

Steven K. Body, Office of Air Quality, 

(OAQ–107), EPA Region 10, 1200 Sixth 

Avenue, Seattle, Washington 98101. 

Please include the text ‘‘Public 

comment on proposed rulemaking OR–

02–002’’ in the subject line on the first 

page of your comment. 

3. By Hand Delivery or Courier.

Deliver your comments to: Steven K. 

Body, Office of Air Quality, (OAQ–107), 

EPA Region 10, 1200 Sixth Avenue, 

Seattle, Washington 98101. 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, 8:30 a.m. to 4:30 p.m. excluding 

Federal holidays. 

C. How Should I Submit CBI to the EPA? 

Do not submit information that you 

consider to be CBI electronically to EPA. 

You may claim information that you 

submit to EPA to be 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). EPA will not 

disclose information so marked 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. 

Federal Register / Vol. 68, No. 203 / Tuesday, October 21, 2003 / Rules and Regulations 60041

VIII. 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 

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 6, 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 December 22, 

2003. 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. 

40 CFR Part 81 

Air pollution control, National parks, 

Wilderness areas.

Dated: September 24, 2003. 

Ronald A. Kreizenbeck, 

Acting Regional Administrator, Region 10.

■ Parts 52 and 81, 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 MM—Oregon

■ 2. Section 52.1970 is amended by 

adding paragraph (c)(140) to read as 

follows:

§ 52.1970 Identification of plan.

* * * * *

(c) * * * 

(140) On November 4, 2002, the 

Oregon Department of Environmental 

Quality requested the redesignation of 

Klamath Falls to attainment for PM–10. 

The State’s maintenance plan and the 

redesignation request meet the 

requirements of the Clean Air Act. 

(i) Incorporation by reference. 

(A) Oregon Administrative Rule 340–

204–0040(3)(b) as effective October 8, 

2002.

■ 3. Section 52.1973 is added to subpart 

MM to read as follows:

§ 52.1973 Approval of plans. 

(a) Carbon Monoxide [Reserved] 

(b) Lead. [Reserved] 

(c) Nitrogen Dioxide. [Reserved] 

(d) Ozone. [Reserved] 

(e) Particulate Matter. 

(1) EPA approves as a revision to the 

Oregon State Implementation Plan, the 

Klamath Falls PM–10 maintenance plan 

submitted to EPA on November 4, 2002. 

(2) [Reserved] 

(f) Sulfur Dioxide. [Reserved]

PART 81—[AMENDED]

■ 1. The authority citation for part 81 

continues to read as follows:

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

■ 2. In § 81.338, the table entitled 

‘‘Oregon PM–10,’’ the entry for Klamath 

Falls is revised to read as follows:

§ 81.338 Oregon.

* * * * *

60042 Federal Register / Vol. 68, No. 203 / Tuesday, October 21, 2003 / Rules and Regulations 

OREGON—PM–10 

Designated area 

Designation Classification 

Date Type Date Type 

*******

Klamath Falls (the Urban Growth Boundary Area) ................................................................ 12/22/03 Attainment 

*******

* * * * *

[FR Doc. 03–26540 Filed 10–20–03; 8:45 am] 

BILLING CODE 6560–50–P

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64

[Docket No. FEMA–7817] 

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.

EFFECTIVE 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:

Mike 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 

Insurance Act of 1968, as amended, 42 

U.S.C. 4022, prohibits flood insurance 

coverage as authorized under the 

National Flood Insurance Program, 42 

U.S.C. 4001 et seq.; unless an 

appropriate public body adopts 

adequate floodplain management 

measures with effective enforcement 

measures. The communities listed in 

this document no longer meet that 

statutory requirement for compliance 

with program regulations, 44 CFR part 

59 et seq. Accordingly, the communities 

will be suspended on the effective date 

in the third column. As of that date, 

flood insurance will no longer be 

available in the community. However, 

some of these communities may adopt 

and submit the required documentation 

of legally enforceable floodplain 

management measures after this rule is 

published but prior to the actual 

suspension date. These communities 

will not be suspended and will continue 

their eligibility for the sale of insurance. 

A notice withdrawing the suspension of 

the communities will be published in 

the Federal Register. 

In addition, the Federal Emergency 

Management Agency has identified the 

special flood hazard areas in these 

communities by publishing a Flood 

Insurance Rate Map (FIRM). The date of 

the FIRM if one has been published, is 

indicated in the fourth column of the 

table. No direct Federal financial 

assistance (except assistance pursuant to 

the Robert T. Stafford Disaster Relief 

and Emergency Assistance Act not in 

connection with a flood) may legally be 

provided for construction or acquisition 

of buildings in the identified special 

flood hazard area of communities not 

participating in the NFIP and identified 

for more than a year, on the Federal 

Emergency Management Agency’s 

initial flood insurance map of the 

community as having flood-prone areas 

(section 202(a) of the Flood Disaster 

Protection Act of 1973, 42 U.S.C. 

4106(a), as amended). This prohibition 

against certain types of Federal 

assistance becomes effective for the 

communities listed on the date shown 

in the last column. The Administrator 

finds that notice and public comment 

under 5 U.S.C. 553(b) are impracticable 

and unnecessary because communities 

listed in this final rule have been 

adequately notified. 

Each community receives a 6-month, 

90-day, and 30-day notification 

addressed to the Chief Executive Officer 

that the community will be suspended 

unless the required floodplain 

management measures are met prior to 

the effective suspension date. Since 

these notifications have been made, this 

final rule may take effect within less 

than 30 days. 

National Environmental Policy Act.

This rule is categorically excluded from 

the requirements of 44 CFR Part 10, 

Environmental Considerations. No 

environmental impact assessment has 

been prepared. 

Regulatory Flexibility Act. The 

Administrator has determined that this 

rule is exempt from the requirements of 

the Regulatory Flexibility Act because 

the National Flood Insurance Act of 

1968, as amended, 42 U.S.C. 4022, 

prohibits flood insurance coverage 

unless an appropriate public body 

adopts adequate floodplain management 

measures with effective enforcement 

measures. The communities listed no 

longer comply with the statutory 

requirements, and after the effective 

date, flood insurance will no longer be 

available in the communities unless 

they take remedial action. 

Regulatory Classification. This final 

rule is not a significant regulatory action 

under the criteria of section 3(f) of 

Executive Order 12866 of September 30, 

1993, Regulatory Planning and Review, 

58 FR 51735. 

Paperwork Reduction Act. This rule 

does not involve any collection of 

information for purposes of the 

Paperwork Reduction Act, 44 U.S.C. 

3501 et seq.

Executive Order 12612, Federalism.

This rule involves no policies that have 

federalism implications under Executive