55008 Federal Register / Vol. 68, No. 183 / Monday, September 22, 2003 / Rules and Regulations 

preparation of flexibility analyses for 

rules that will have a significant effect 

on a substantial number of small 

entities, which include small 

businesses, organizations, or 

governmental jurisdictions. The exact 

number of businesses and the amount of 

trade that will result from this Federal 

land-related activity is unknown. The 

aggregate effect is an insignificant 

economic effect (both positive and 

negative) on a small number of small 

entities supporting subsistence 

activities, such as boat, fishing gear, and 

gasoline dealers. The number of small 

entities affected is unknown; but, the 

effects will be seasonally and 

geographically-limited in nature and 

will likely not be significant. The 

Departments certify that the adjustments 

will not have a significant economic 

effect on a substantial number of small 

entities within the meaning of the 

Regulatory Flexibility Act. Under the 

Small Business Regulatory Enforcement 

Fairness Act (5 U.S.C. 801 et seq.), this 

rule is not a major rule. It does not have 

an effect on the economy of $100 

million or more, will not cause a major 

increase in costs or prices for 

consumers, and does not have 

significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or the ability 

of U.S.-based enterprises to compete 

with foreign-based enterprises. 

Title VIII of ANILCA requires the 

Secretaries to administer a subsistence 

preference on public lands. The scope of 

this program is limited by definition to 

certain public lands. Likewise, the 

adjustments have no potential takings of 

private property implications as defined 

by Executive Order 12630. 

The Service has determined and 

certifies pursuant to the Unfunded 

Mandates Reform Act, 2 U.S.C. 1502 et 

seq., that the adjustments will not 

impose a cost of $100 million or more 

in any given year on local or State 

governments or private entities. The 

implementation is by Federal agencies, 

and no cost is involved to any State or 

local entities or Tribal governments. 

The Service has determined that the 

adjustments meet the applicable 

standards provided in Sections 3(a) and 

3(b)(2) of Executive Order 12988, 

regarding civil justice reform. 

In accordance with Executive Order 

13132, the adjustments do not have 

sufficient federalism implications to 

warrant the preparation of a Federalism 

Assessment. Title VIII of ANILCA 

precludes the State from exercising 

subsistence management authority over 

fish and wildlife resources on Federal 

lands. Cooperative salmon run 

assessment efforts with ADF&G will 

continue. 

In accordance with the President’s 

memorandum of April 29, 1994, 

‘‘Government-to-Government Relations 

with Native American Tribal 

Governments’’ (59 FR 22951), Executive 

Order 13175, and 512 DM 2, we have 

evaluated possible effects on Federally 

recognized Indian tribes and have 

determined that there are no effects. The 

Bureau of Indian Affairs is a 

participating agency in this rulemaking. 

On May 18, 2001, the President issued 

Executive Order 13211 on regulations 

that significantly affect energy supply, 

distribution, or use. This Executive 

Order requires agencies to prepare 

Statements of Energy Effects when 

undertaking certain actions. As these 

actions are not expected to significantly 

affect energy supply, distribution, or 

use, they are not significant energy 

actions and no Statement of Energy 

Effects is required. 

Drafting Information 

William Knauer drafted this 

document under the guidance of 

Thomas H. Boyd, of the Office of 

Subsistence Management, Alaska 

Regional Office, U.S. Fish and Wildlife 

Service, Anchorage, Alaska. Dennis Tol, 

Alaska State Office, Bureau of Land 

Management; Rod Simmons, Alaska 

Regional Office, U.S. Fish and Wildlife 

Service; Bob Gerhard, Alaska Regional 

Office, National Park Service; Dr. Glenn 

Chen, Alaska Regional Office, Bureau of 

Indian Affairs; and Steve Kessler, 

USDA-Forest Service, provided 

additional guidance.

Authority: 16 U.S.C. 3, 472, 551, 668dd, 

3101–3126; 18 U.S.C. 3551–3586; 43 U.S.C. 

1733.

Dated: September 4, 2003. 

Thomas H. Boyd, 

Acting Chair, Federal Subsistence Board. 

Steve Kessler, 

Subsistence Program Leader, USDA-Forest 

Service.

[FR Doc. 03–24059 Filed 9–18–03; 12:01 pm] 

BILLING CODE 3410–11–P, 4310–55–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[AZ–094–FOAa; FRL–7561–5] 

Determination of Attainment for the 

Carbon Monoxide National Ambient Air 

Quality Standard for the Phoenix 

Metropolitan Area, Arizona

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final 

action to find that the Phoenix 

metropolitan nonattainment area in 

Arizona has attained the National 

Ambient Air Quality Standards 

(NAAQS) for carbon monoxide (CO) by 

its Clean Air Act deadline of December 

31, 2000. The Phoenix area has had no 

qualifying exceedances of the CO 

standard since 1996, and has six years 

of clean air quality data.

DATES: This rule is effective on 

November 21, 2003 unless EPA receives 

adverse comments by October 22, 2003. 

If EPA receives adverse comments, we 

will publish a timely withdrawal of the 

rule in the Federal Register and inform 

the public that the rule will not take 

effect.

ADDRESSES: Comments should be 

mailed or emailed to Wienke Tax, Office 

of Air Planning (AIR–2), U.S. 

Environmental Protection Agency, 

Region 9, 75 Hawthorne Street, San 

Francisco, CA 94105–3901, 

tax.wienke@epa.gov. We prefer 

electronic comments. 

You can inspect copies of EPA’s 

Federal Register document and TSD at 

our Region IX office during normal 

business hours (see address above). Due 

to increased security, we suggest that 

you call at least 24 hours prior to 

visiting the Regional Office so that we 

can make arrangements to have 

someone meet you. The Federal 

Register notice and TSD are also 

available as electronic files on EPA’s 

Region 9 Web Page at http://

www.epa.gov/region09/air.

FOR FURTHER INFORMATION CONTACT:

Wienke Tax, Office of Air Planning, U.S. 

Environmental Protection Agency, 

Region 9, 75 Hawthorne Street (AIR–2), 

San Francisco, California 94105–3901. 

Phone: (520) 622–1622, email: 

tax.wienke@epa.gov.

SUPPLEMENTARY INFORMATION: Elsewhere 

in this Federal Register, we are 

proposing approval and soliciting 

written comment on this action. 

Throughout this document, the words 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ mean U.S. EPA.

Table of Contents 

I. Background 

A. Designation and Classification of CO 

Nonattainment Areas. 

B. How Does EPA Make Attainment 

Determinations? 

C. What is the Attainment Date for the 

Phoenix Metropolitan CO Nonattainment 

Area? 

II. Basis for EPA’s Action 

III. EPA’s Action 

IV. Statutory and Executive Order Review

Federal Register / Vol. 68, No. 183 / Monday, September 22, 2003 / Rules and Regulations 55009

1See sections 172(C), 179(c) and 186(b)(2) of the 

CAAA.

2The relevant guidance is in a memorandum 

from William G. Laxton, Director Technical Support 

Division, entitled ‘‘Ozone and Carbon Monoxide 

Design Value Calculations,’’ dated June 18, 1990.

I. Background 

A. Designation and Classification of CO 

Nonattainment Areas 

The Clean Air Act Amendments 

(CAAA) of 1990 authorized EPA to 

designate areas across the country as 

nonattainment, and to classify these 

areas according to the severity of the air 

pollution problem. Pursuant to section 

107(d) of the CAAA, following 

enactment on November 15, 1990, States 

were requested to submit lists, within 

120 days, which designated all areas of 

the country as either attainment, 

nonattainment, or unclassifiable for CO. 

The EPA was required to promulgate 

these lists of areas no later than 240 

days following enactment of the CAAA 

(see 56 FR 56694, (November 6, 1991)). 

On enactment of the CAAA, a new 

classification structure was created for 

CO nonattainment areas, pursuant to 

section 186 of the CAAA, which 

included both a moderate and a serious 

area classification. Under this 

classification structure, moderate areas 

with a design value of 9.1–16.4 ppm, 

were expected to attain the CO NAAQS 

as expeditiously as practicable, but no 

later than December 31, 1995. CO 

nonattainment areas designated as 

serious, with a design value of 16.5 ppm 

and above, were expected to attain the 

CO NAAQS as expeditiously as 

practicable, but no later than December 

31, 2000. 

States containing areas classified as 

either moderate or serious for CO had 

the responsibility of developing and 

submitting to EPA State Implementation 

Plans (SIPs) which addressed the 

nonattainment air quality problems in 

those areas. The air quality planning 

requirements for moderate and serious 

CO nonattainment areas are addressed 

in sections 186–187 respectively of the 

CAAA, which pertain to the 

classification of CO nonattainment areas 

as well as to the requirements for the 

submittal of both moderate and serious 

area SIPs. The EPA issued general 

guidance concerning the requirements 

for SIP submittals, which included 

requirements for CO nonattainment area 

SIPs, pursuant to Title I of the CAAA 

(See generally, 57 FR 13498 (April 16, 

1992), and 57 FR 18070 (April 28, 

1992)). 

The EPA has the responsibility for 

determining whether a nonattainment 

area has attained the CO NAAQS by the 

applicable attainment date.1

B. How Does EPA Make Attainment 

Determinations? 

Section 179(c)(1) of the CAAA 

provides that attainment determinations 

are to be based upon an area’s ‘‘air 

quality as of the attainment date’’, and 

section 186(b)(2) is consistent with this 

requirement. EPA makes the 

determination as to whether an area’s 

air quality is meeting the CO NAAQS 

based upon air quality data gathered at 

CO monitoring sites in the 

nonattainment area. This air quality 

data is entered into the Aerometric 

Information Retrieval System (AIRS). 

This data is reviewed to determine the 

area’s air quality status in accordance 

with EPA regulations at 40 CFR 50.8, 

and in accordance with EPA policy and 

guidance.2

Attainment of the CO NAAQS 

requires that not more than one 8-hour 

average per year can exceed 9.0 ppm 

(values below 9.5 are rounded down to 

9.0 and are not considered 

exceedances). CO attainment is 

evaluated and determined by reviewing 

8 quarters of data, or a total of 2 

complete calendar years of data for an 

area. If an area’s design value is greater 

than 9.0 ppm, this means that a 

monitoring site in the area has recorded 

more than one value above the level of 

the NAAQS and therefore the area has 

not attained the CO NAAQS. 

The 8-hour CO design value is used 

to determine attainment of CO areas. 

The design value for an area is 

determined by first finding the design 

value at each CO monitoring site in the 

area. The highest of these individual site 

design values then becomes the design 

value for the area. To determine the 

design value for a site we look at the 

highest and second highest (nonoverlapping) 8-hour values for the most 

recent two years prior to the attainment 

date (in this case 1999 and 2000). The 

highest of the two second high values is 

used as the design value for the 

monitoring site.

C. What Is the Attainment Date for the 

Phoenix Metropolitan CO 

Nonattainment Area? 

Phoenix was originally classified as a 

moderate CO nonattainment area, with 

an attainment date no later than 

December 31, 1995. On May 10, 1996, 

EPA made a finding that Phoenix did 

not attain the CO NAAQS by the 

December 31, 1995 attainment date for 

the moderate nonattainment area. This 

finding was based on EPA’s review of 

monitored air quality data for 

compliance with the CO NAAQS. As a 

result of this finding, the Phoenix CO 

nonattainment area was reclassified as a 

serious CO nonattainment area (See 61 

FR 39343, July 29, 1996), and its 

attainment date was extended to 

December 31, 2000. Phoenix has not had 

an exceedance of the CO NAAQS since 

1996, and therefore has more than 

enough years of clean data for EPA to 

make an attainment finding. 

II. Basis for EPA’s Action 

Arizona has 13 CO monitoring sites in 

the Phoenix CO nonattainment area. 

The air quality data in AIRS for these 

monitors show that, for the 2-year 

period from 1999 through 2000, there 

were no violations of the 8-hour CO 

standard. The monitoring site with the 

highest 8-hour design value during this 

2-year period was at the Grand Ave. and 

27th Ave. which had a design value of 

8.1 ppm. Based on this information, 

EPA has determined that the area 

attained the CO NAAQS standard as of 

the attainment date of December 31, 

2000. 

This finding of attainment should not 

be confused with a redesignation to 

attainment under CAAA section 107(d). 

Arizona has recently submitted a 

redesignation request and a 

maintenance plan as required under 

section 175A(a) of the CAAA, which 

EPA intends to act on in the near future. 

The area will remain a serious CO 

nonattainment area with the planning 

requirements that apply to serious CO 

nonattainment areas until such time that 

EPA acts on the redesignation request 

and maintenance plan. 

III. EPA’s Action 

By today’s action, EPA is making the 

determination that the Phoenix serious 

CO nonattainment area did attain the 

CO NAAQS by the attainment date of 

December 31, 2000 based on no 

exceedances since 1996. As explained 

above, the Phoenix nonattainment area 

remains classified a serious CO 

nonattainment area, and today’s action 

does not redesignate the Phoenix 

nonattainment area to attainment. 

IV. Statutory and Executive Order 

Review 

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 

55010 Federal Register / Vol. 68, No. 183 / Monday, September 22, 2003 / Rules and Regulations 

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 9, 2000). This 

action also does not have Federalism 

implications because it does not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This action merely 

approves a state rule implementing a 

Federal standard, and does not alter the 

relationship or the distribution of power 

and responsibilities established in the 

Clean Air Act. This rule also is not 

subject to Executive Order 13045 

‘‘Protection of Children from 

Environmental Health Risks and Safety 

Risks’’ (62 FR 19885, April 23, 1997), 

because it is not economically 

significant. 

In reviewing SIP submissions, EPA’s 

role is to approve state choices, 

provided that they meet the criteria of 

the Clean Air Act. In this context, in the 

absence of a prior existing requirement 

for the State to use voluntary consensus 

standards (VCS), EPA has no authority 

to disapprove a SIP submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a SIP submission, 

to use VCS in place of a SIP submission 

that otherwise satisfies the provisions of 

the Clean Air Act. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. This rule does 

not impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). 

The Congressional Review Act, 5 

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

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this rule and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by November 21, 

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 in 40 CFR Part 81 

Environmental protection, Air 

pollution control, National parks, 

Wilderness areas.

Dated: September 9, 2003. 

Wayne Nastri, 

Regional Administrator, Region 9.

[FR Doc. 03–24002 Filed 9–18–03; 12:01 pm] 

BILLING CODE 6560–50–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 648

[Docket No. 021223329–2329–01; I.D. 

091203A]

Fisheries of the Northeastern United 

States; Atlantic Bluefish Fishery; 

Commercial Quota Transfer

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Commercial quota transfer.

SUMMARY: NMFS announces that the 

Commonwealth of Virginia has 

transferred a total of 500,000 lb (226,860 

kg) of commercial bluefish quota to the 

State of New York for 2003. NMFS has 

adjusted the quotas and announces the 

revised commercial quotas for Virginia 

and New York. This action is permitted 

under the regulations implementing the 

Fishery Management Plan for the 

Bluefish Fishery (FMP) and is intended 

to reduce discards and prevent negative 

economic impacts to the New York 

commercial bluefish fishery.

DATES: Effective September 17, 2003 

through December 31, 2003.

FOR FURTHER INFORMATION CONTACT:

Myles Raizin, Fishery Policy Analyst, 

(978) 281–9104, fax (978)281–9135, email Myles.A.Raizin@noaa.gov.

SUPPLEMENTARY INFORMATION:

Regulations governing the Atlantic 

bluefish fishery are found at 50 CFR part 

648. The regulations require annual 

specification of a commercial quota that 

is apportioned among the coastal states 

from Maine through Florida. The 

process to set the annual commercial 

quota and the percent allocated to each 

state are described in § 648.160.

The initial total commercial quota for 

bluefish for the 2003 calendar year was 

set equal to 10,460,058 lb (4,755,017 kg) 

(68 FR 25305; May 12, 2003). The 

resulting quota for New York was 

1,086,286 lb (492,870 kg), and for 

Virginia was 1,242,601 lb (563,794 kg).

The FMP allows two or more states, 

under mutual agreement and with the 

concurrence of the Administrator, 

Northeast Region, NMFS (Regional 

Administrator), to transfer or combine 

part or all of their annual commercial 

quota. The Regional Administrator must 

consider the criteria set forth in 

§ 648.160(f)(1) in the evaluation of 

requests for quota transfers or 

combinations.

Virginia has agreed to transfer 500,000 

lb (226,860 kg) of its 2003 commercial 

quota to New York. The revised quotas 

for the calendar year 2003 are: Virginia, 

742,601 lb (336,933 kg), and New York, 

1,586,286 lb (719,730 kg). The Regional 

Administrator has determined that the 

criteria set forth in § 648.160(f)(1) have 

been met. This action does not alter any 

of the conclusions reached in the 

environmental assessment for the 2003 

specifications for the Atlantic bluefish 

fishery. This is a routine administrative 

action that reallocates commercial quota 

within the scope of previously 

published environmental analyses.