44470 Federal Register / Vol. 70, No. 148 / Wednesday, August 3, 2005 / Rules and Regulations 

modified and clarified by 

Announcement 2002–17 (2002–1 C.B. 

561), modified and amplified by Rev. 

Proc. 2002–19 (2002–1 C.B. 696), and 

amplified, clarified, and modified by 

Rev. Proc. 2002-54 (2002–2 C.B. 432), 

and § 601.601(d)(2)(ii)(b) of this 

chapter). For purposes of Form 3115, 

‘‘Application for Change in Accounting 

Method,’’ the designated number for the 

automatic accounting method change 

authorized by this paragraph (e) is ‘‘95.’’

If Form 3115 is revised or renumbered, 

any reference in this section to that form 

is treated as a reference to the revised 

or renumbered form. For the taxpayer’s 

second and subsequent taxable years 

ending on or after August 2, 2005, 

requests to secure the consent of the 

Commissioner must be made under the 

administrative procedures, as modified 

by paragraphs (e)(2) through (4) of this 

section, for obtaining the 

Commissioner’s advance consent to a 

change in accounting method (for 

further guidance, for example, see Rev. 

Proc. 97–27 (1997–1 C.B. 680), as 

modified and amplified by Rev. Proc. 

2002–19 (2002–1 C.B. 696), as amplified 

and clarified by Rev. Proc. 2002–54 

(2002–2 C.B. 432), and 

§ 601.601(d)92)(ii)(b) of this chapter). 

(2) Scope limitations. Any limitations 

on obtaining the automatic consent of 

the Commissioner do not apply to a 

taxpayer seeking to change its method of 

accounting to comply with this section 

for its first taxable year ending on or 

after August 2, 2005. 

(3) Audit protection. A taxpayer that 

changes its method of accounting in 

accordance with this paragraph (e) to 

comply with these temporary 

regulations does not receive audit 

protection if its method of accounting 

for additional section 263A costs is an 

issue under consideration at the time 

the application is filed with the national 

office. 

(4) Section 481(a) adjustment. A 

change in method of accounting to 

conform to these temporary regulations 

requires a section 481(a) adjustment. 

The section 481(a) adjustment period is 

two taxable years for a net positive 

adjustment for an accounting method 

change that is made to conform to these 

temporary regulations. 

(f) Effective date. This section applies 

for taxable years ending on or after 

August 2, 2005.

Mark E. Matthews, 

Deputy Commissioner for Services and 

Enforcement. 

Approved: July 14, 2005. 

Eric Solomon, 

Acting Deputy Assistant Secretary of the 

Treasury.

[FR Doc. 05–15363 Filed 8–2–05; 8:45 am] 

BILLING CODE 4830–01–P

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 and Part 165 

[CGD13–05–029] 

RIN 1625–AA08 and 1625–AA00 

Special Local Regulation (SLR) and 

Safety Zone Regulations: Seattle 

Seafair Unlimited Hydroplane Race and 

Blue Angels Air Show Performance 

2005, Lake Washington, WA

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement.

SUMMARY: The Captain of the Port 

(COTP) Puget Sound will begin 

enforcing the Seattle Seafair Unlimited 

Hydroplane Race Special Local 

Regulation (SLR) and Seafair Blue 

Angels Air Show Performance Safety 

Zone Regulation. This year’s events will 

be held on Thursday, August 4, 2005, 

through Sunday, August 7, 2005.

DATES: The regulations found in 33 CFR 

100.1301 and in 33 CFR 165.1319 will 

be enforced from 8 a.m. to 8 p.m. Pacific 

daylight time from August 4, 2005 to 

August 7, 2005.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Junior Grade Jessica Hagen, 

c/o Captain of the Port Puget Sound, 

Coast Guard Sector Seattle, 1519 

Alaskan Way South, Seattle WA 98134 

at (206) 217–6232 to obtain information 

concerning enforcement of this rule.

SUPPLEMENTARY INFORMATION: On July 2, 

2001, the Coast Guard published a final 

rule (66 FR 34822) modifying the 

regulations in 33 CFR 100.1301, for the 

safe execution of the Seattle Seafair 

Unlimited Hydroplane races on the 

waters of Lake Washington. On June 24, 

2004, the Coast Guard published a final 

rule (69 FR 35250) in 33 CFR 165.1319, 

to safeguard participants and spectators 

from the safety hazards associated with 

the Seattle Seafair Blue Angels Air 

Show Performance. 

The Special Local Regulation (33 CFR 

100.1301) provides for a regulated area 

to protect spectators while providing 

unobstructed vessel traffic lanes to 

ensure timely arrival of emergency 

response craft. Movements are regulated 

for all vessels in the area described 

unless otherwise regulated by the COTP 

or his designee. The COTP may be 

assisted by other Federal, State, or local 

law enforcement agencies in enforcing 

this SLR. 

The safety zone regulation (33 CFR 

165.1319) establishes requirements for 

all vessels to obtain permission of the 

COTP or the COTP’s designated 

representative to enter, move within, or 

exit the safety zone when it is enforced. 

Entry into this safety zone is prohibited 

unless otherwise exempted or excluded 

under 33 CFR 165.1319 or unless 

authorized by the COTP or his designee. 

The Captain of the Port Puget Sound 

will begin enforcing the Seattle Seafair 

Unlimited Hydroplane Race Special 

Local Regulation (SLR) as per 33 CFR 

100.1301, and the Seafair Blue Angels 

Air Show Performance Safety Zone as 

per 33 CFR 165.1319, on Thursday, 

August 4, 2005 at 8 a.m. Pacific daylight 

time. These regulations will be enforced 

until Sunday, August 7, 2005 at 8 p.m. 

Pacific daylight time. All persons and 

vessels are authorized to enter, move 

within, and exit the regulated area or 

safety zone on or after Sunday, August 

7, 2005 at 8 p.m. Pacific daylight time 

unless a new notice of enforcement is 

issued before then.

Dated: July 22, 2005. 

Stephen P. Metruck, 

Captain, U.S. Coast Guard, Captain of the 

Port, Puget Sound.

[FR Doc. 05–15309 Filed 8–2–05; 8:45 am] 

BILLING CODE 4910–15–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 51 and 81 

[FRL–7947–4] 

Identification of Ozone Areas for 

Which the 1-Hour Standard Has Been 

Revoked and Technical Correction to 

Phase 1 Rule

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Final rule.

SUMMARY: On April 30, 2004, EPA 

published the first phase of its final rule 

to implement the 8-Hour Ozone 

National Ambient Air Quality Standard 

(NAAQS) (Phase 1 Rule). At that same 

time, EPA also published 8-hour ozone 

Federal Register / Vol. 70, No. 148 / Wednesday, August 3, 2005 / Rules and Regulations 44471

1 If such areas continue to meet the milestones 

provided in our regulations (40 CFR 81.300), EPA 

plans to extend the effective date of designation for 

these areas until EPA can determine in early 2008 

whether such areas attained the 8-hour ozone 

NAAQS by December 31, 2007. For more details on 

this process, see 69 FR 84 23864–23872.

designations for all areas of the country. 

For most areas, the 8-hour ozone 

designations became effective on June 

15, 2004. The Phase 1 Rule provided 

that the 1-hour ozone NAAQS would no 

longer apply (i.e., would be revoked) for 

an area 1 year following the effective 

date of the area’s designation for the 8-

hour ozone NAAQS. This rule codifies 

the revocation of the 1-hour standard for 

those areas with effective 8-hour ozone 

designations. Because the Phase 1 Rule, 

as modified in a recent reconsideration 

rule, also provided that certain 1-hour 

nonattainment and maintenance 

obligations that applied as of the 

effective date of designation for the 8-

hour NAAQS remain in place for an 

area, we are retaining the tables in 40 

CFR part 81 that identify each area’s 1-

hour designation and classification 

status as of the effective date of the 8-

hour designation for the area. The 

regulatory changes do not modify the 

tables for Early Action Compact areas 

for which the 1-hour NAAQS continues 

to apply. In addition, today’s rule makes 

a technical correction to the last 

sentence in 40 CFR 51.905(c)(1) to 

reference 40 CFR part 81, subpart C as 

identifying the boundaries of areas and 

the area designations and classifications 

for the 1-hour ozone NAAQS that were 

in place as of the effective date of 

designation of the area for the 8-hour 

NAAQS. This rule eliminates the 

reservation of subpart E of part 81 for 

the above identification purpose.

DATES: This final rule is effective 

September 2, 2005.

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. OAR–2003–0079. All documents in 

the docket are listed in the EDOCKET 

index at http://www.epa.gov/edocket.

Although listed in the index, some 

information is not publicly available, 

i.e., Confidential Business Information 

or other information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically in EDOCKET or in hard 

copy at the EPA Docket Center (Air 

Docket), EPA/DC, EPA West, Room 

B102, 1301 Constitution Ave., NW., 

Washington, DC. The Public Reading 

Room is open from 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

legal holidays. The telephone number 

for the Public Reading Room is (202) 

566–1744, and the telephone number for 

the Office of Air and Radiation Docket 

and Information Center is (202) 566–

1742.

FOR FURTHER INFORMATION CONTACT:

Annie Nikbakht, Office of Air Quality 

Planning and Standards, U.S. 

Environmental Protection Agency, Mail 

Code C539–02, Research Triangle Park, 

NC 27711, phone number (919) 541–

5246, fax number (919) 541–0824 or by 

e-mail at nikbakht.annie@epa.gov.

SUPPLEMENTARY INFORMATION:

Outline 

I. Background 

II. What Is the Purpose of This Rule? 

III. What Happens to Subparts C and E of Part 

81? 

IV. Statutory and Executive Order Reviews

I. Background 

On April 30, 2004, EPA took final 

action on key elements of the program 

to implement the 8-hour ozone (NAAQS 

or standard) (Final Rule to Implement 

the 8-Hour Ozone National Ambient Air 

Quality Standard—Phase 1) (69 FR 

23951) (Phase 1 Rule). In the Phase 1 

Rule, EPA established regulatory 

provisions governing when the 1-hour 

NAAQS would no longer apply to areas 

(i.e., would be revoked) (40 CFR 50.9(b)) 

and promulgated ‘‘anti-backsliding’’

provisions that provided which 1-hour 

ozone control obligations would 

continue to apply in areas that were 

designated nonattainment or attainment 

subject to a maintenance plan for the 1-

hour standard as of the effective date of 

the area’s 8-hour ozone designation (40 

CFR 51.905). The Phase 1 Rule provided 

that the 1-hour control obligations that 

continue to apply be the control 

obligations required as of the date of 

signature on the Phase 1 Rule (i.e., April 

15, 2004). In response to a Petition for 

Reconsideration (May 26, 2005, 70 FR 

30592), EPA reconsidered this issue and 

changed that date to the effective date 

of an area’s 8-hour ozone designation 

(i.e., for most areas, June 15, 2004). 

On April 30, 2004, EPA also 

published air quality designations and 

classifications for every area in the 

United States, including Indian country, 

for the 8-hour ozone NAAQS (Air 

Quality Designations and Classifications 

for the 8-Hour Ozone National Ambient 

Air Quality Standards; Early Action 

Compact Areas With Deferred Effective 

Dates) (69 FR 23858). For most areas of 

the country, the 8-hour ozone NAAQS 

designations and classifications became 

effective on June 15, 2004. For areas 

participating in the early action compact 

(EAC) process, EPA deferred the 

effective date of the designations and 

classifications until September 30, 

2005.1 In addition, on June 15, 2004, we 

deferred the effective date of the 8-hour 

designation for Clark County, Nevada in 

order to consider additional information 

submitted by the State (69 FR 34076). 

We took final action designating and 

classifying that area on September 10, 

2004, with an effective date of 

September 13, 2004 (69 FR 55956).

II. What Is the Purpose of This Rule? 

The purpose of this rule is to revise 

the 1-hour ozone NAAQS tables in 40 

CFR part 81 to reflect the application of 

our revocation rule at 40 CFR 50.9(b). 

We are revising the tables to indicate for 

which areas the 1-hour standard has 

been revoked, but we are retaining the 

1-hour ozone NAAQS designation and 

classification status as of the time of the 

effective date of designation for the 8-

hour NAAQS for purposes of our antibacksliding regulations at 40 CFR 

51.905, which apply after revocation of 

the 1-hour ozone NAAQS. 

In addition, EPA is making two 

technical corrections to the last sentence 

in 40 CFR 51.905(c)(1). That sentence 

currently provides that ‘‘40 CFR Part 81, 

Subpart E identifies the boundaries of 

areas and the area designations and 

classifications for the 1-hour NAAQS at 

the time the 1-hour NAAQS no longer 

applied to each area.’’ First, EPA is 

changing the reference to subpart E of 

part 81 to instead reference subpart C of 

part 81. The EPA initially planned to 

move the 1-hour NAAQS tables to 

subpart E upon revocation of the 1-hour 

standard for an area, but has now 

concluded that it makes more sense to 

leave the tables in subpart C and to 

modify the existing tables to identify the 

areas for which the 1-hour standard has 

been revoked. Second, we are correcting 

an error in the last clause of that 

sentence. That sentence indicates that 

the tables will reflect an area’s 1-hour 

designation and classification ‘‘at the 

time the 1-hour NAAQS no longer 

applied’’ in the area. This language is a 

remnant from the proposed regulatory 

text which was released for public 

comment on August 2, 2003 (68 FR 

46536). As explained in the preamble to 

the Phase 1 Rule, in that final rule, we 

instead adopted the approach set forth 

in the June 3, 2003 proposal, which was 

to retain certain 1-hour obligations that 

applied as of the date of designation for 

the 8-hour NAAQS. We made the 

appropriate changes to other aspects of 

the regulatory text (see e.g., 51.905(a)(1) 

and (2)) and indicated in the preamble 

that this section would refer to the time 

44472 Federal Register / Vol. 70, No. 148 / Wednesday, August 3, 2005 / Rules and Regulations 

of designation for the 8-hour standard 

(69 FR 23984, column 1). We 

erroneously neglected to change the 

regulatory text in this section. The 

purpose of the tables is to identify the 

areas subject to the anti-backsliding 

provisions. Since the anti-backsliding 

provisions apply based on an area’s 

status as of the time of designation for 

the 8-hour standard, this regulatory 

provision should indicate that the 

modified tables in subpart C of part 81 

will reflect each area’s status as of that 

date. 

III. What Happens to Subparts C and E 

of Part 81? 

Subpart C of part 81 is being amended 

to add footnotes to the existing 1-hour 

ozone NAAQS tables for every State in 

the country. The footnotes indicate 

whether, and if so when, the 1-hour 

ozone NAAQS has been revoked for 

areas within the State. We had 

previously reserved subpart E of part 81 

for the purpose of reflecting where (and 

when) the 1-hour ozone NAAQS has 

been revoked. However, we have 

concluded that it makes more sense to 

retain and modify the tables in subpart 

C to include the necessary information. 

Therefore, we are eliminating the 

reservation of subpart E in our 

regulatory text. 

This action is not subject to the 

notice-and-comment requirements of 

the Administrative Procedure Act. 

Today’s action codifies regulatory 

changes that implement the Phase 1 

Implementation Rule that was issued 

after notice-and-comment rulemaking. 

Notice and comment is unnecessary 

because the action codifying the areas 

where the 1-hour standard no longer 

applies is a straightforward application 

of the rule based on the regulatory status 

of areas for the 1-hour ozone standard 

as of June 15, 2004. Additionally, we are 

making two technical revisions to 

§ 51.905(c)(1) of our regulations. The 

decision to retain the tables in subpart 

C, rather than to move them to subpart 

E has no practical effect on any party or 

area. This decision is for administrative 

ease of EPA and there are no regulatory 

implications for any other party. We are 

also revising the regulatory language to 

correct an oversight in our conversion of 

the draft regulatory text to the final 

regulation. It was clear from our 

preamble statements and from our 

definition of ‘‘applicable requirements’’

that this regulatory text should reflect 

the date an area was designated for the 

8-hour standard rather than the date of 

revocation of the 1-hour standard. Thus, 

notice and comment is unnecessary for 

these revisions as well. Finally, we note 

that the regulatory implications of 

revocation of the 1-hour standard and of 

the anti-backsliding provisions were 

established in the Phase 1 Rule. The 

regulatory changes being made today are 

for the purpose of ensuring that other 

portions of the Code of Federal 

Regulations accurately reflect the status 

of areas as modified through the Phase 

1 Rule. Thus, it is in the public interest 

to make this information available 

without a protracted notice-andcomment process. 

IV. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), the Agency 

must determine whether the regulatory 

action is ‘‘significant’’ and, therefore, 

subject to Office of Management and 

Budget (OMB) review and the 

requirements of the Executive Order. 

The Order defines ‘‘significant 

regulatory action’’ as one that is likely 

to result in a rule that may: 

(1) Have an annual effect on the 

economy of $100 million or more or 

adversely affect in a material way the 

economy, a sector of the economy, 

productivity, competition, jobs, the 

environment, public health or safety, or 

State, local, or Tribal governments or 

communities;

(2) Create a serious inconsistency or 

otherwise interfere with an action taken 

or planned by another agency; 

(3) Materially alter the budgetary 

impact of entitlements, grants, user fees, 

or loan programs or the rights and 

obligations of recipients thereof; or 

(4) Raise novel legal or policy issues 

arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in the Executive Order. 

Pursuant to the terms of Executive 

Order 12866, it has been determined 

that this rule is not a ‘‘significant 

regulatory action’’ because none of the 

above factors applies. As such, this final 

rule was not formally submitted to OMB 

for review. 

B. Paperwork Reduction Act 

This action does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq. This final 

action to identify 1-hour ozone areas 

where the 1-hour standard is no longer 

applicable as of June 15, 2005 and the 

boundaries of the 1-hour ozone areas 

and their respective designations and 

classifications as of June 15, 2004 does 

not require the collection of any 

information. 

Burden means the total time, effort, or 

financial resources expended by persons 

to generate, maintain, retain, or disclose 

or provide information to or for a 

Federal agency. This includes the time 

needed to review instructions; develop, 

acquire, install, and utilize technology 

and systems for the purposes of 

collecting, validating, and verifying 

information, processing and 

maintaining information, and disclosing 

and providing information; adjust the 

existing ways to comply with any 

previously applicable instructions and 

requirements; train personnel to be able 

to respond to a collection of 

information; search data sources; 

complete and review the collection of 

information; and transmit or otherwise 

disclose the information. 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to a collection of information 

unless it displays a currently valid OMB 

control number. The OMB control 

numbers of EPA’s regulations in 40 CFR 

are listed in 40 CFR part 9. 

C. Regulatory Flexibility Act 

Today’s final rule is not subject to the 

Regulatory Flexibility Act (RFA), which 

generally requires an agency to prepare 

a regulatory flexibility analysis for any 

rule that will have a significant 

economic impact on a substantial 

number of small entities. The RFA 

applies only to rules subject to notice 

and comment rulemaking requirements 

under the Administrative Procedure Act 

(APA) or any other statute. This rule is 

not subject to notice and comment 

requirements under the APA or any 

other statute. 

Today’s action codifies regulatory 

changes that implement the Phase 1 

Implementation Rule that was issued 

after notice-and-comment rulemaking. 

Notice and comment is unnecessary 

because the action codifying the areas 

where the 1-hour standard no longer 

applies is a straightforward application 

of the rule based on the regulatory status 

of areas for the 1-hour ozone standard 

as of June 15, 2004. 

D. Unfunded Mandates Reform Act 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA), Public 

Law 104–4, establishes requirements for 

Federal agencies to assess the effects of 

their regulatory actions on State, local, 

and Tribal governments and the private 

sector. Under section 202 of the UMRA, 

EPA generally must prepare a written 

statement, including a cost-benefit 

analysis, for proposed and final rules 

with ‘‘Federal mandates’’ that may 

result in expenditures to State, local, 

and Tribal governments, in the 

aggregate, or to the private sector, of 

$100 million or more in any 1 year. 

Federal Register / Vol. 70, No. 148 / Wednesday, August 3, 2005 / Rules and Regulations 44473

Before promulgating an EPA rule for 

which a written statement is needed, 

section 205 of the UMRA generally 

requires EPA to identify and consider a 

reasonable number of regulatory 

alternatives and adopt the least costly, 

most cost-effective or least burdensome 

alternative that achieves the objectives 

of the rule. The provisions of section 

205 do not apply when they are 

inconsistent with applicable law. 

Moreover, section 205 allows EPA to 

adopt an alternative other than the least 

costly, most cost-effective or least 

burdensome alternative if the 

Administrator publishes with the final 

rule an explanation why that alternative 

was not adopted. Before EPA establishes 

any regulatory requirements that may 

significantly or uniquely affect small 

governments, including Tribal 

governments, it must have developed 

under section 203 of the UMRA a small 

government agency plan. The plan must 

provide for notifying potentially 

affected small governments, enabling 

officials of affected small governments 

to have meaningful and timely input in 

the development of EPA regulatory 

proposals with significant Federal 

intergovernmental mandates, and 

informing, educating, and advising 

small governments on compliance with 

the regulatory requirements. 

Today’s final action does not include 

a Federal mandate within the meaning 

of UMRA that may result in 

expenditures of $100 million or more in 

any 1 year by either State, local, or 

Tribal governments in the aggregate or 

to the private sector, and therefore, is 

not subject to the requirements of 

sections 202 and 205 of the UMRA. It 

does not create new requirements. The 

EPA’s Phase 1 Ozone Implementation 

Rule established ‘‘anti-backsliding’’

requirements that apply based on the 

area’s 1-hour ozone designation and 

classification as of designation for the 8-

hour NAAQS and provided for 

revocation of the 1-hour NAAQS 1 year 

after an area’s 8-hour designation. This 

rule modifies the tables in part 81 to 

reflect in which areas the 1-hour 

standard has been revoked and to 

ensure the tables reflect the area’s 1-

hour designation and classification 

status as of the effective date of the 

area’s 8-hour designation. 

E. Executive Order 13132: Federalism 

Executive Order 13132, entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999), requires EPA to develop an 

accountable process to ensure 

‘‘meaningful and timely input by State 

and local officials in the development of 

regulatory policies that have federalism 

implications.’’ ‘‘Policies that have 

federalism implications’’ is defined in 

the Executive Order to include 

regulations that 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.’’

This final rule does not have 

federalism implications. It 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. The Clean Air 

Act (CAA) establishes the scheme 

whereby States take the lead in 

developing plans to meet the NAAQS. 

This rule will not modify the 

relationship of the States and EPA for 

purposes of developing programs to 

implement the NAAQS. Thus, Executive 

Order 13132 does not apply to this rule. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

Executive Order 13175, entitled 

‘‘Consultation and Coordination with 

Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000), requires EPA 

to develop an accountable process to 

ensure ‘‘meaningful and timely input by 

tribal officials in the development of 

regulatory policies that have tribal 

implications.’’ This final rule does not 

have ‘‘Tribal implications’’ as specified 

in Executive Order 13175. This rule 

identifies those areas of the country 

where the 1-hour ozone standard is no 

longer applicable as of June 15, 2005, 

pursuant to 40 CFR 50.9(b) and ensures 

the tables in part 81 reflect the 1-hour 

ozone designation and classification 

status of areas as of the effective date of 

each area’s 8-hour designation. The 

CAA and the Tribal Authority Rule 

(TAR) give Tribes the opportunity to 

develop and implement CAA programs 

such as programs to attain and maintain 

the 8-hour ozone NAAQS, but leave to 

the discretion of the Tribe whether to 

develop these programs and which 

programs, or appropriate elements of a 

program, they will adopt. This rule does 

not affect those provisions of the CAA 

or the TAR. 

This final rule does not have Tribal 

implications as defined by Executive 

Order 13175. It does not have a 

substantial direct effect on one or more 

Indian Tribes. This rule does not affect 

the relationship or distribution of power 

and responsibilities between the Federal 

government and Indian Tribes. The 

CAA and the TAR establish the 

relationship of the Federal government 

and Tribes in developing plans to attain 

the NAAQS, and this rule does nothing 

to modify that relationship. Because this 

rule does not have Tribal implications, 

Executive Order 13175 does not apply. 

Although Executive Order 13175 does 

not apply to this rule, EPA did 

communicate to Tribal representatives 

regarding today’s action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

Executive Order 13045: ‘‘Protection of 

Children From Environmental Health 

and Safety Risks’’ (62 FR 19885, April 

23, 1997) applies to any rule that (1) is 

determined to be ‘‘economically 

significant’’ as defined under Executive 

Order 12866, and (2) concerns an 

environmental health or safety risk that 

EPA has reason to believe may have 

disproportionate effects on children. If 

the regulatory action meets both criteria, 

the Agency must evaluate the 

environmental health or safety effects of 

the planned rule on children, and 

explain why the planned regulation is 

preferable to other potentially effective 

and reasonably feasible alternatives 

considered by the Agency. 

The final rule is not subject to 

Executive Order 13045 because it is not 

economically significant as defined in 

Executive Order 12866, and because the 

Agency does not have reason to believe 

the environmental health risks or safety 

risks addressed by this rule present a 

disproportionate risk to children. This 

rule does not alter any applicable 

requirements; it merely ensures that the 

tables in 40 CFR part 81 reflect for 

which areas the 1-hour standard has 

been revoked and for these areas the 1-

hour designation and classification 

status of the area as of the time of 

designation for the 8-hour NAAQS. We 

evaluated the environmental health or 

safety effects of the 8-hour ozone 

NAAQS on children. The results of this 

risk assessment are contained in the 

National Ambient Air Quality Standards 

for Ozone, Final Rule, July 18, 1997 (62 

FR 38855–38896; specifically, 62 FR 

38854, 62 FR 38860 and 62 FR 38865). 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This rule is not subject to Executive 

Order 13211, ‘‘Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use,’’ (66 FR 28355, 

May 22, 2001) because it is not a 

significant regulatory action under 

Executive Order 12866. 

44474 Federal Register / Vol. 70, No. 148 / Wednesday, August 3, 2005 / Rules and Regulations 

I. National Technology Transfer 

Advancement Act 

Section 12(d) of the National 

Technology Transfer Advancement Act 

of 1995 (NTTAA), Public Law No. 104–

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

directs EPA to use voluntary consensus 

standards (VCS) 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 VCS bodies. The NTTAA 

directs EPA to provide Congress, 

through OMB, explanations when the 

Agency decides not to use available and 

applicable VCS.

This action does not involve technical 

standards. Therefore, EPA did not 

consider the use of any VCS. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 requires that 

each Federal agency make achieving 

environmental justice part of its mission 

by identifying, and addressing, as 

appropriate, disproportionate high and 

adverse human health or environmental 

effects of its programs, policies, and 

activities on minorities and low-income 

populations. 

This rule does not raise any 

environmental justice issues. This rule 

does not alter any applicable 

requirements; it merely ensures that the 

tables in 40 CFR part 81 reflect the 

status of areas pursuant to EPA’s Phase 

1 Rule implementing the 8-hour ozone 

NAAQS. The health and environmental 

risks associated with ozone were 

considered in the establishment of the 

8-hour NAAQS. The level is designed to 

be protective with an adequate margin 

of safety. 

K. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. The 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). 

L. Judicial Review 

Section 307(b)(1) of the CAA indicates 

which Federal courts of Appeal have 

venue for petitions of review of final 

actions by EPA. This section provides, 

in part, that petitions for review must be 

filed in the Court of Appeals for the 

District of Columbia Circuit (i) when the 

agency action consists of ‘‘nationally 

applicable regulations promulgated, or 

final actions taken, by the 

Administrator’’ or (ii) when such action 

is locally or regionally applicable, if 

‘‘such action is based on a 

determination of nationwide scope or 

effect and if in taking such action the 

Administrator finds and publishes that 

such action is based on such a 

determination.’’

The actions taken in this rule are 

‘‘nationally applicable’’ and of 

‘‘nationwide scope and effect’’ within 

the meaning of section 307(b)(1). This 

rule modifies the tables in subpart C for 

each State, as defined in section 301(d) 

of the CAA. These modifications are 

being made consistent with 40 CFR 

51.905(c), a regulation that applies in 

the same manner to all areas across the 

United States. Additionally, EPA is 

making a technical correction to the last 

sentence of section 51.905(c) of EPA’s 

Phase 1 Rule. 

In the report on the 1977 

Amendments that revised section 

307(b)(1) of the CAA, Congress noted 

that the Administrator’s determination 

that an action is of ‘‘nationwide scope 

or effect’’ would be appropriate for any 

action that has ‘‘scope or effect beyond 

a single judicial circuit.’’ H.R. Rep. No. 

95–294 at 323, 324, reprinted in 1977 

U.S.C.C.A.N. 1402–03. Here, the scope 

and effect of this rulemaking extend to 

numerous judicial circuits since the 

revisions to part C apply to all areas of 

the country. In these circumstances, 

section 307(b)(1) and its legislative 

history calls for the Administrator to 

find the rule to be of ‘‘nationwide scope 

or effect’’ and for venue to be in the D.C. 

Circuit. 

Thus, any petitions for review of this 

action must be filed in the Court of 

Appeals for the District of Columbia 

Circuit within 60 days from the date 

final action is published in the Federal 

Register.

List of Subjects 

40 CFR Part 51 

Air pollution control, 

Intergovernmental relations, Ozone, 

Particulate matter, Transportation, 

Volatile organic compounds. 

40 CFR Part 81 

Environmental protection, Air 

pollution control, National parks, 

Wilderness areas.

Dated: July 26, 2005. 

Stephen L. Johnson, 

Administrator.

■ For reasons stated in the preamble, 

parts 51 and 81 of Chapter I, title 40 of 

the Code of Federal Regulations are 

amended as follows:

PART 51—[AMENDED]

■ 1. The authority citation for part 51 

continues to read as follows:

Authority: 23 U.S.C. 101; 42 U.S.C. 7401–

7671q.

■ 2. Section 51.905 is amended by 

revising the last sentence in paragraph 

(c)(1) to read as follows:

§ 51.905 How do areas transition from the 

1-hour NAAQS to the 8-hour NAAQS and 

what are the anti-backsliding provisions?

* * * * *

(c) * * * 

(1) 40 CFR part 81, subpart C 

identifies the boundaries of areas and 

the area designations and classifications 

for the 1-hour NAAQS in place as of the 

effective date of designation for the 8-

hour NAAQS.

* * * * *

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—[Amended]

■ 2. In § 81.301 the table titled 

‘‘Alabama—Ozone (1-Hour Standard)’’ is 

amended by adding footnote 2 to read as 

follows:

§ 81.301 Alabama.

* * * * *

Alabama—Ozone (1-Hour Standard) 2

* * * * * 2The 1-hour ozone standard is revoked 

effective June 15, 2005 for all of Alabama. 

The Birmingham area is a maintenance area 

for the 1-hour NAAQS for purposes of 40 

CFR part 51 subpart X.

■ 3. In § 81.302 the table titled ‘‘Alaska—

Ozone (1-Hour Standard)’’ is amended 

by adding footnote 2 to read as follows:

Federal Register / Vol. 70, No. 148 / Wednesday, August 3, 2005 / Rules and Regulations 44475

§ 81.302 Alaska.

* * * * *

Alaska—Ozone (1-Hour Standard) 2

* * * * * 2The 1-hour ozone standard is revoked 

effective June 15, 2005 for all areas in Alaska.

■ 4. In § 81.303 the table titled 

‘‘Arizona—Ozone (1-Hour Standard)’’ is 

amended by adding footnote 2 to read as 

follows:

§ 81.303 Arizona.

* * * * *

Arizona—Ozone (1-Hour Standard) 2

* * * * * 2The 1-hour ozone standard is revoked 

effective June 15, 2005 for all areas in 

Arizona.

■ 5. In § 81.304 the table titled 

‘‘Arkansas—Ozone (1-Hour Standard)’’

is amended by adding footnote 2 to read 

as follows:

§ 81.304 Arkansas.

* * * * *

Arkansas—Ozone (1-Hour Standard) 2

* * * * * 2The 1-hour ozone standard is revoked 

effective June 15, 2005 for all areas in 

Arkansas.

■ 6. In § 81.305 the table titled 

‘‘California—Ozone (1-Hour Standard)’’

is amended by adding footnote 4 to read 

as follows:

§ 81.305 California.

* * * * *

California—Ozone (1-Hour Standard) 2

* * * * * 2The 1-hour ozone standard is revoked 

effective June 15, 2005 for all areas in 

California. The Monterey Bay, San Diego, and 

Santa Barbara-Santa Maria-Lompoc areas are 

maintenance areas for the 1-hour NAAQS for 

purposes of 40 CFR part 51 subpart X.

■ 7. In § 81.306 the table titled 

‘‘Colorado—Ozone (1-Hour Standard)’’

is amended by adding footnote 4 to read 

as follows:

§ 81.306 Colorado.

* * * * *

Colorado—Ozone (1-Hour Standard) 4

* * * * * 4 The 1-hour ozone standard is revoked 

effective June 15, 2005 for all areas in 

Colorado except the Denver (Denver-BoulderGreeley-Ft.Collins-Love) area.

■ 8. In § 81.307 the table titled 

‘‘Connecticut—Ozone (1-Hour 

Standard)’’ is amended by adding 

footnote 2 to read as follows:

§ 81.307 Connecticut.

* * * * *

Connecticut—Ozone (1-Hour 

Standard) 2

* * * * * 2 The 1-hour ozone standard is revoked 

effective June 15, 2005 for all areas in 

Connecticut.

■ 9. In § 81.308 the table titled 

‘‘Delaware—Ozone (1-Hour Standard)’’

is amended by adding footnote 3 to read 

as follows:

§ 81.308 Delaware.

* * * * *

Delaware—Ozone (1-Hour Standard) 3

* * * * * 3 The 1-hour ozone standard is revoked 

effective June 15, 2005 for all areas in 

Delaware.

■ 10. In § 81.309 the table titled ‘‘District 

of Columbia—Ozone (1-Hour Standard)’’

is amended by adding footnote 2 to read 

as follows:

§ 81.309 District of Columbia.

* * * * *

District of Columbia—Ozone (1-Hour 

Standard) 2

* * * * * 2 The 1-hour ozone standard is revoked 

effective June 15, 2005 for all areas in the 

District of Columbia.

■ 11. In § 81.310 the table titled 

‘‘Florida—Ozone (1-Hour Standard)’’ is 

amended by adding footnote 2 to read as 

follows:

§ 81.310 Florida.

* * * * *

Florida—Ozone (1-Hour Standard) 2

* * * * * 2 The 1-hour ozone standard is revoked 

effective June 15, 2005 for all areas in 

Florida. The Jacksonville, Miami-Fort 

Lauderdale-W. Palm Beach, and Tampa-St. 

Petersburg-Clearwater areas are maintenance 

areas for the 1-hour NAAQS for purposes of 

40 CFR part 51 subpart X.

■ 12. In § 81.311 the table titled 

‘‘Georgia—Ozone (1-Hour Standard)’’ is 

amended by adding footnote 2 to read as 

follows:

§ 81.311 Georgia.

* * * * *

Georgia—Ozone (1-Hour Standard) 2

* * * * * 2 The 1-hour ozone standard is revoked 

effective June 15, 2005 for all areas in Georgia 

except the Chattanooga (Catoosa Co.) area.

■ 13. In § 81.312 the table titled 

‘‘Hawaii—Ozone (1-Hour Standard)’’ is 

amended by adding footnote 2 to read as 

follows:

§ 81.312 Hawaii.

* * * * *

Hawaii—Ozone (1-Hour Standard) 2

* * * * * 2 The 1-hour ozone standard is revoked 

effective June 15, 2005 for all areas in 

Hawaii.

■ 14. In § 81.313 the table titled ‘‘Idaho—

Ozone (1-Hour Standard)’’ is amended 

by adding footnote 2 to read as follows:

§ 81.313 Idaho.

* * * * *

Idaho—Ozone (1-Hour Standard) 2

* * * * * 2 The 1-hour ozone standard is revoked 

effective June 15, 2005 for all areas in Idaho.

■ 15. In § 81.314 the table titled 

‘‘Illinois—Ozone (1-Hour Standard)’’ is 

amended by adding footnote 3 to read as 

follows:

§ 81.314 Illinois.

* * * * *

Illinois—Ozone (1-Hour Standard) 3

* * * * * 3 The 1-hour ozone standard is revoked 

effective June 15, 2005 for all areas in 

Illinois. The Jersey Co. and St. Louis areas are 

maintenance areas for the 1-hour NAAQS for 

purposes of 40 CFR part 51 subpart X.

■ 16. In § 81.315 the table titled 

‘‘Indiana—Ozone (1-Hour Standard)’’ is 

amended by adding footnote 2 to read as 

follows:

§ 81.315 Indiana.

* * * * *

Indiana—Ozone (1-Hour Standard) 2

* * * * * 2 The 1-hour ozone standard is revoked 

effective June 15, 2005 for all areas in 

Indiana. The Evansville, Indianapolis, 

Louisville, and South Bend-Elkhart areas are 

maintenance areas for the 1-hour NAAQS for 

purposes of 40 CFR part 51 subpart X.

■ 17. In § 81.316 the table titled ‘‘Iowa—

Ozone (1-Hour Standard)’’ is amended 

by adding footnote 2 to read as follows:

§ 81.316 Iowa.

* * * * *

Iowa—Ozone (1-Hour Standard) 2

* * * * * 2 The 1-hour ozone standard is revoked 

effective June 15, 2005 for all areas in Iowa.

■ 18. In § 81.317 the table titled 

‘‘Kansas—Ozone (1-Hour Standard)’’ is 

amended by adding footnote 2 to read as 

follows:

44476 Federal Register / Vol. 70, No. 148 / Wednesday, August 3, 2005 / Rules and Regulations 

§ 81.317 Kansas.

* * * * *

Kansas—Ozone (1-Hour Standard) 2

* * * * * 2 The 1-hour ozone standard is revoked 

effective June 15, 2005 for all areas in Kansas. 

The Kansas City area is a maintenance area 

for the 1-hour NAAQS for purposes of 40 

CFR part 51 subpart X.

■ 19. In § 81.318 the table titled 

‘‘Kentucky—Ozone (1-Hour Standard)’’

is amended by adding footnote 2 to read 

as follows:

§ 81.318 Kentucky.

* * * * *

Kentucky—Ozone (1-Hour Standard) 2

* * * * * 2 The 1-hour ozone standard is revoked 

effective June 15, 2005 for all areas in 

Kentucky. The Cincinnati-Hamilton, 

Edmonson Co, Huntington-Ashland, 

Lexington-Fayette, Louisville, Owensboro, 

and Paducah areas are maintenance areas for 

the 1-hour NAAQS for purposes of 40 CFR 

part 51 subpart X.

■ 20. In § 81.319 the table titled 

‘‘Louisiana—Ozone (1-Hour Standard)’’

is amended by adding footnote 2 to read 

as follows:

§ 81.319 Louisiana.

* * * * *

Louisiana—Ozone (1-Hour Standard) 2

* * * * *

2 The 1-hour ozone standard is revoked 

effective June 15, 2005 for all areas in 

Louisiana. The Lafayette, Lake Charles, New 

Orleans, Pointe Coupee Parish, Beauregard 

Par, Grant Par, LaFourche Par, St James Par, 

and St Mary Par areas are maintenance areas 

for the 1-hour NAAQS for purposes of 40 

CFR part 51 subpart X.

■ 21. In § 81.320 the table titled 

‘‘Maine—Ozone (1-Hour Standard)’’ is 

amended by adding footnote 4 to read as 

follows:

§ 81.320 Maine.

* * * * *

Maine—Ozone (1-Hour Standard) 4

* * * * * 4 The 1-hour ozone standard is revoked 

effective June 15, 2005 for all areas in Maine. 

Hancock and Waldo Counties are 

maintenance areas for the 1-hour NAAQS for 

purposes of 40 CFR part 51 subpart X.

■ 22. In § 81.321 the table titled 

‘‘Maryland—Ozone (1-Hour Standard)’’

is amended by adding footnote 2 to read 

as follows:

§ 81.321 Maryland.

* * * * *

Maryland—Ozone (1-Hour Standard) 2

* * * * * 2 The 1-hour ozone standard is revoked 

effective June 15, 2005 for all areas in 

Maryland except the Washington Co. area.

■ 23. In § 81.322 the table titled 

‘‘Massachusetts—Ozone (1-Hour 

Standard)’’ is amended by adding 

footnote 3 to read as follows:

§ 81.322 Massachusetts.

* * * * *

Massachusetts—Ozone (1-Hour 

Standard) 3

* * * * * 3 The 1-hour ozone standard is revoked 

effective June 15, 2005 for all areas in 

Massachusetts.

■ 24. In § 81.323 the table titled 

‘‘Michigan—Ozone (1-Hour Standard)’’

is amended by adding footnote 4 to read 

as follows:

§ 81.323 Michigan.

* * * * *

Michigan—Ozone (1-Hour Standard) 4

* * * * * 4 The 1-hour ozone standard is revoked 

effective June 15, 2005 for all areas in 

Michigan. The Detroit-Ann Arbor, Flint, 

Grand Rapids, Muskegon, Allegan Co, and 

Saginaw-Bay City-Midland areas are 

maintenance areas for the 1-hour NAAQS for 

purposes of 40 CFR part 51 subpart X.

■ 25. In § 81.324 the table titled 

‘‘Minnesota—Ozone (1-Hour Standard)’’

is amended by adding footnote 2 to read 

as follows:

§ 81.324 Minnesota.

* * * * *

Minnesota—Ozone (1-Hour Standard) 2

* * * * * 2 The 1-hour ozone standard is revoked 

effective June 15, 2005 for all areas in 

Minnesota.

■ 26. In § 81.325 the table titled 

‘‘Mississippi—Ozone (1-Hour 

Standard)’’ is amended by adding 

footnote 2 to read as follows:

§ 81.325 Mississippi.

* * * * *

Mississippi—Ozone (1-Hour Standard) 2

* * * * * 2 The 1-hour ozone standard is revoked 

effective June 15, 2005 for all areas in 

Mississippi.

■ 27. In § 81.326 the table titled 

‘‘Missouri—Ozone (1-Hour Standard)’’ is 

amended by adding footnote 2 to read as 

follows:

§ 81.326 Missouri.

* * * * *

Missouri—Ozone (1-Hour Standard) 2

* * * * * 2 The 1-hour ozone standard is revoked 

effective June 15, 2005 for all areas in 

Missouri. The Kansas City and St. Louis areas 

are maintenance areas for the 1-hour NAAQS 

for purposes of 40 CFR part 51 subpart X.

■ 28. In § 81.327 the table titled 

‘‘Montana—Ozone (1-Hour Standard)’’ is 

amended by adding footnote 2 to read as 

follows:

§ 81.327 Montana.

* * * * *

Montana—Ozone (1-Hour Standard) 2

* * * * * 2 The 1-hour ozone standard is revoked 

effective June 15, 2005 for all areas in 

Montana.

■ 29. In § 81.328 the table titled 

‘‘Nebraska—Ozone (1-Hour Standard)’’

is amended by adding footnote 2 to read 

as follows:

§ 81.328 Nebraska.

* * * * *

Nebraska—Ozone (1-Hour Standard) 2

* * * * * 2 The 1-hour ozone standard is revoked 

effective June 15, 2005 for all areas in 

Nebraska.

■ 30. In § 81.329 the table titled 

‘‘Nevada—Ozone (1-Hour Standard)’’ is 

amended by adding footnote 3 to read as 

follows:

§ 81.329 Nevada.

* * * * *

Nevada—Ozone (1–Hour Standard) 3

* * * * * 3The 1-hour ozone standard is revoked 

effective June 15, 2005 for all areas in Nevada 

except the portion of Clark County 

designated nonattainment for the 8-hour 

ozone standard effective September 13, 2004 

for which the 1-hour ozone standard is 

revoked effective September 13, 2005.

■ 31. In § 81.330 the table titled ‘‘New 

Hampshire—Ozone (1-Hour Standard)’’

is amended by adding footnote 3 to read 

as follows:

§ 81.330 New Hampshire.

* * * * *

New Hampshire—Ozone (1-Hour 

Standard) 3

* * * * * 3The 1-hour ozone standard is revoked 

effective June 15, 2005 for all areas in New 

Hampshire.

■ 32. In § 81.331 the table titled ‘‘New 

Jersey—Ozone (1-Hour Standard)’’ is 

amended by adding footnote 3 to read as 

follows:

Federal Register / Vol. 70, No. 148 / Wednesday, August 3, 2005 / Rules and Regulations 44477

§ 81.331 New Jersey.

* * * * *

New Jersey—Ozone (1-Hour Standard) 3

* * * * * 3The 1-hour ozone standard is revoked 

effective June 15, 2005 for all areas in New 

Jersey.

■ 33. In § 81.332 the table titled ‘‘New 

Mexico—Ozone (1-Hour Standard)’’ is 

amended by adding footnote 2 to read as 

follows:

§ 81.332 New Mexico.

* * * * *

New Mexico—Ozone (1-Hour 

Standard) 2

* * * * * 2The 1-hour ozone standard is revoked 

effective June 15, 2005 for all areas in New 

Mexico.

■ 34. In § 81.333 the table titled ‘‘New 

York—Ozone (1-Hour Standard)’’ is 

amended by adding footnote 3 to read as 

follows:

§ 81.333 New York.

* * * * *

New York—Ozone (1-Hour Standard) 3

* * * * * 3The 1-hour ozone standard is revoked 

effective June 15, 2005 for all areas in New 

York.

■ 35. In § 81.334 the table titled ‘‘North 

Carolina—Ozone (1-Hour Standard)’’ is 

amended by adding footnote 2 to read as 

follows:

§ 81.334 North Carolina.

* * * * *

North Carolina—Ozone (1-Hour 

Standard) 2

* * * * * 2The 1-hour ozone standard is revoked 

effective June 15, 2005 for all areas in North 

Carolina except the Cumberland Co. 

(Fayetteville), Triad (Greensboro-WinstonSalem-High Point), and Unifour (HickoryMorganton-Lenoir) areas. The CharlotteGastonia and Raleigh-Durham areas are 

maintenance areas for the 1-hour NAAQS for 

purposes of 40 CFR part 51 subpart X.

■ 36. In § 81.335 the table titled ‘‘North 

Dakota—Ozone (1-Hour Standard)’’ is 

amended by adding footnote 2 to read as 

follows:

§ 81.335 North Dakota.

* * * * *

North Dakota—Ozone (1-Hour 

Standard) 2

* * * * * 2The 1-hour ozone standard is revoked 

effective June 15, 2005 for all areas in North 

Dakota.

■ 37. In § 81.336 the table titled ‘‘Ohio—

Ozone (1-Hour Standard)’’ is amended 

by adding footnote 3 to read as follows:

§ 81.336 Ohio.

* * * * *

Ohio—Ozone (1-Hour Standard) 3

* * * * * 3The 1-hour standard is revoked effective 

June 15, 2005 for all areas in Ohio. The 

Canton, Cleveland-Akron-Lorain, Clinton Co, 

Columbus, Dayton-Springfield, Preble Co, 

Steubenville, Toledo, Youngstown-WarrenSharon, and Columbiana Co. areas are 

maintenance areas for the 1-hour NAAQS for 

purposes of 40 CFR part 51 subpart X.

■ 38. In § 81.337 the table titled 

‘‘Oklahoma—Ozone (1-Hour Standard)’’

is amended by adding footnote 2 to read 

as follows:

§ 81.337 Oklahoma. 

Oklahoma—Ozone (1-Hour Standard) 2

* * * * * 2The 1-hour ozone standard is revoked 

effective June 15, 2005 for all areas in 

Oklahoma.

■ 39. In § 81.338 the table titled 

‘‘Oregon—Ozone (1-Hour Standard)’’ is 

amended by adding footnote 3 to read as 

follows:

§ 81.338 Oregon.

* * * * *

Oregon—Ozone (1-Hour Standard) 3

* * * * * 3The 1-hour ozone standard is revoked 

effective June 15, 2005 for all areas in 

Oregon. Portland-Vancouver AQMA is a 

maintenance area for the 1-hour NAAQS for 

purposes of 40 CFR part 51 subpart X.

■ 40. In § 81.339 the table titled 

‘‘Pennsylvania—Ozone (1-Hour 

Standard)’’ is amended by adding 

footnote 4 to read as follows:

§ 81.339 Pennsylvania.

* * * * *

Pennsylvania—Ozone (1-Hour 

Standard) 4

* * * * * 4 The 1-hour ozone standard is revoked 

effective June 15, 2005 for all areas in 

Pennsylvania. The Pittsburgh-Beaver Valley 

and Reading areas are maintenance areas for 

the 1-hour NAAQS for purposes of 40 CFR 

part 51 subpart X.

■ 41. In § 81.340 the table titled ‘‘Rhode 

Island—Ozone (1-Hour Standard)’’ is 

amended by adding footnote 2 to read as 

follows:

§ 81.340 Rhode Island.

* * * * *

Rhode Island—Ozone (1-Hour 

Standard) 2

* * * * * 2 The 1-hour ozone standard is revoked 

effective June 15, 2005 for all areas in Rhode 

Island.

■ 42. In § 81.341 the table titled ‘‘South 

Carolina—Ozone (1-Hour Standard)’’ is 

amended by adding footnote 2 to read as 

follows:

§ 81.341 South Carolina.

* * * * *

South Carolina—Ozone (1-Hour 

Standard) 2

* * * * * 2 The 1-hour ozone standard is revoked 

effective June 15, 2005 for all areas in South 

Carolina except the Central Midlands-I 

(Columbia) and Appalachian-A (GreenvilleSpartanburg-Anderson) areas. Cherokee Co. 

is a maintenance area for the 1-hour NAAQS 

for purposes of 40 CFR part 51 subpart X.

■ 43. In § 81.342 the table titled ‘‘South 

Dakota—Ozone (1-Hour Standard)’’ is 

amended by adding footnote 2 to read as 

follows:

§ 81.342 South Dakota.

* * * * *

South Dakota—Ozone (1-Hour 

Standard) 2

* * * * * 2 The 1-hour ozone standard is revoked 

effective June 15, 2005 for all areas in South 

Dakota.

■ 44. In § 81.343 the table titled 

‘‘Tennessee—Ozone (1-Hour Standard)’’

is amended by adding footnote 2 to read 

as follows:

§ 81.343 Tennessee.

* * * * *

Tennessee—Ozone (1-Hour Standard) 2

* * * * * 2 The 1-hour ozone standard is revoked 

effective June 15, 2005 for all areas in 

Tennessee except the Chattanooga, Johnson 

City-Kingsport-Bristol, and Nashville areas. 

Knoxville and Memphis are maintenance 

areas for the 1-hour NAAQS for purposes of 

40 CFR part 51 subpart X.

■ 45. In § 81.344 the table titled ‘‘Texas—

Ozone (1-Hour Standard)’’ is amended 

by adding footnote 2 to read as follows:

§ 81.344 Texas.

* * * * *

Texas—Ozone (1-Hour Standard) 2

* * * * * 2 The 1-hour ozone standard is revoked 

effective June 15, 2005 for all areas in Texas 

except the San Antonio area. The Victoria 

area is a maintenance area for the 1-hour 

NAAQS for purposes of 40 CFR part 51 

subpart X.

44478 Federal Register / Vol. 70, No. 148 / Wednesday, August 3, 2005 / Rules and Regulations 

■ 46. In § 81.345 the table titled ‘‘Utah—

Ozone (1-Hour Standard)’’ is amended 

by adding footnote 2 to read as follows:

§ 81.345 Utah.

* * * * *

Utah—Ozone (1-Hour Standard) 2

* * * * * 2 The 1-hour ozone standard is revoked 

effective June 15, 2005 for all areas in Utah. 

The Salt Lake City area is a maintenance area 

for the 1-hour NAAQS for purposes of 40 

CFR part 51 subpart X.

■ 47. In § 81.346 the table titled 

‘‘Vermont—Ozone (1-Hour Standard)’’ is 

amended by adding footnote 2 to read as 

follows:

§ 81.346 Vermont.

* * * * *

Vermont—Ozone (1-Hour Standard) 2

* * * * * 2 The 1-hour ozone standard is revoked 

effective June 15, 2005 for all areas in 

Vermont.

■ 48. In § 81.347 the table titled 

‘‘Virginia—Ozone (1-Hour Standard)’’ is 

amended by adding footnote 3 to read as 

follows:

§ 81.347 Virginia.

* * * * *

Virginia—Ozone (1-Hour Standard) 3

* * * * * 3 The 1-hour ozone standard is revoked 

effective June 15, 2005 for all areas in 

Virginia except Northern Shenandoah Valley 

Region (Winchester City and Frederick 

County) and Roanoke areas. The NorfolkVirginia Beach-Newport News and Richmond 

Areas are maintenance areas for the 1-hour 

NAAQS for purposes of 40 CFR part 51 

subpart X.

■ 49. In § 81.348 the table titled 

‘‘Washington—Ozone (1-Hour 

Standard)’’ is amended by adding 

footnote 2 to read as follows:

§ 81.348 Washington.

* * * * *

Washington—Ozone (1-Hour 

Standard) 2

* * * * * 2 The 1-hour ozone standard is revoked 

effective June 15, 2005 for all areas in 

Washington. The Portland-Vancouver AQMA 

and Seattle-Tacoma areas are maintenance 

areas for the 1-hour NAAQS for purposes of 

40 CFR part 51 subpart X.

■ 50. In § 81.349 the table titled ‘‘West 

Virginia—Ozone (1-Hour Standard)’’ is 

amended by adding footnote 2 to read as 

follows:

§ 81.349 West Virginia.

* * * * *

West Virginia—Ozone (1-Hour 

Standard) 2

* * * * * 2 The 1-hour ozone standard is revoked 

effective June 15, 2005 for all areas in West 

Virginia except the Eastern Pan Handle 

Region (Berkeley and Jefferson Counties). 

The Charleston, Greenbrier Co., HuntingtonAshland, and Parkersburg areas are 

maintenance areas for the 1-hour NAAQS for 

purposes of 40 CFR part 51 subpart X.

■ 51. In § 81.350 the table titled 

‘‘Wisconsin—Ozone (1-Hour Standard)’’

is amended by adding footnote 4 to read 

as follows:

§ 81.350 Wisconsin.

* * * * *

Wisconsin—Ozone (1-Hour Standard) 4

* * * * * 4 The 1-hour ozone standard is revoked 

effective June 15, 2005 for all areas in 

Wisconsin. The Door Co., Kewaunee Co., 

Manitowoc Co., Sheboygan, and Walworth 

Co. areas are maintenance areas for the 1-

hour NAAQS for purposes of 40 CFR part 51 

subpart X.

■ 52. In § 81.351 the table titled 

‘‘Wyoming—Ozone (1-Hour Standard)’’

is amended by adding footnote 2 to read 

as follows:

§ 81.351 Wyoming.

* * * * *

Wyoming—Ozone (1-Hour Standard) 2

* * * * * 2 The 1-hour ozone standard is revoked 

effective June 15, 2005 for all areas in 

Wyoming.

■ 53. In § 81.352 the table titled 

‘‘American Samoa—Ozone (1-Hour 

Standard)’’ is amended by adding 

footnote 2 to read as follows:

§ 81.352 American Samoa.

* * * * *

American Samoa—Ozone (1-Hour 

Standard) 2

* * * * * 2 The 1-hour ozone standard is revoked 

effective June 15, 2005 for all areas in 

American Samoa.

■ 54. In § 81.353 the table titled 

‘‘Guam—Ozone (1-Hour Standard)’’ is 

amended by adding footnote 2 to read as 

follows:

§ 81.353 Guam.

* * * * *

Guam—Ozone (1-Hour Standard) 2

* * * * * 2 The 1-hour ozone standard is revoked 

effective June 15, 2005 for all areas in Guam.

■ 55. In § 81.354 the table titled 

‘‘Northern Mariana Islands—Ozone (1-

Hour Standard)’’ is amended by adding 

footnote 2 to read as follows:

§ 81.354 Northern Mariana Islands.

* * * * *

Northern Mariana Islands—Ozone (1-

Hour Standard) 2

* * * * * 2 The 1-hour ozone standard is revoked 

effective June 15, 2005 for all areas in 

Northern Mariana Islands.

■ 56. In § 81.355 the table titled ‘‘Puerto 

Rico—Ozone (1-Hour Standard)’’ is 

amended by adding footnote 2 to read as 

follows:

§ 81.355 Puerto Rico.

* * * * *

Puerto Rico—Ozone (1-Hour 

Standard) 2

* * * * * 2 The 1-hour ozone standard is revoked 

effective June 15, 2005 for all areas in Puerto 

Rico.

■ 57. In § 81.356 the table titled ‘‘Virgin 

Islands—Ozone (1-Hour Standard)’’ is 

amended by adding footnote 2 to read as 

follows:

§ 81.356 Virgin Islands.

* * * * *

Virgin Islands—Ozone (1-Hour 

Standard) 2

* * * * * 2 The 1-hour ozone standard is revoked 

effective June 15, 2005 for all areas in the 

Virgin Islands.

■ 58. Subpart E is removed.

[FR Doc. 05–15218 Filed 8–2–05; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[CMNI 124–NBK; FRL–7938–6] 

Revisions to the Commonwealth of the 

Northern Mariana Islands State 

Implementation Plan, Update to 

Materials Incorporated by Reference

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Final rule; notice of 

administrative change. 

SUMMARY: EPA is updating the materials 

submitted by the Commonwealth of the 

Northern Mariana Islands that are 

incorporated by reference (IBR) into the 

Commonwealth of the Northern Mariana 

Islands State Implementation Plan (SIP). 

The regulations affected by this update 

have been previously submitted by the