Federal Register / Vol. 70, No. 171 / Tuesday, September 6, 2005 / Proposed Rules 52953 

SUMMARY: This document corrects a 

notice of proposed rulemaking (REG–

108524–00) that was published in the 

Federal Register on Wednesday, May 

18, 2005 (70 FR 28743). The document 

contains regulations providing guidance 

under section 1446 of the Internal 

Revenue Code relating to the 

circumstances under which a 

partnership may take partner-level 

deductions and losses into account in 

computing its withholding tax 

obligation with respect to a foreign 

partner’s allocable share of effectively 

connected taxable income. 

FOR FURTHER INFORMATION CONTACT: 

Ronald M. Gootzeit, (202) 622–3860 (not 

a toll-free number). 

SUPPLEMENTARY INFORMATION: 

Background 

The notice of proposed rulemaking 

and notice of public hearing (REG–

108524–00) that is the subject of these 

corrections are under section 1446 of 

the Internal Revenue Code. 

Need for Correction 

As published, REG–108524–00 

contains errors that may prove to be 

misleading and are in need of 

clarification. 

Correction of Publication 

Accordingly, the notice of proposed 

rulemaking and notice of public hearing 

(REG–108524–00), that was the subject 

of FR Doc. 05–9423, is corrected as 

follows: 

1. On page 28743, column 1, in the 

preamble, under the caption DATES:, last 

line, the language ‘‘must be received by 

August 16, 2005.’’ is corrected to read 

‘‘must be received by September 12, 

2005.’’. 

2. On page 28743, column 2, in the 

preamble, under the caption FOR

FURTHER INFORMATION CONTACT:, line 3, 

the language ‘‘the hearing, Jacqueline 

Turner at (202)’’ is corrected to read 

‘‘the hearing, Richard A. Hurst at (202)’’. 

3. On page 28744, column 1, in the 

preamble, under the paragraph heading, 

‘‘Comments and Public Hearing’’, third 

paragraph, line 8, the language ‘‘and 

eight (8) copies) by August 16,’’ is 

corrected to read ‘‘and eight (8) copies) 

by September 12,’’. 

Cynthia Grigsby, 

Acting Chief, Publications and Regulations 

Branch, Legal Processing Division, Associate 

Chief Counsel (Procedures and 

Administration). 

[FR Doc. 05–17562 Filed 9–2–05; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF THE INTERIOR 

Minerals Management Service 

30 CFR Part 250 

RIN 1010–AD10 

Oil and Gas and Sulphur Operations in 

the Outer Continental Shelf (OCS)—

Plans and Information—Protection of 

Marine Mammals and Threatened and 

Endangered Species 

AGENCY: Minerals Management Service 

(MMS), Interior. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: This proposed rule would 

require lessees of federal oil and gas 

leases in the OCS to provide 

information on how they will meet the 

requirements of the Endangered Species 

Act (ESA) and the Marine Mammal 

Protection Act (MMPA). It identifies 

environmental, monitoring, and 

mitigation information that lessees must 

submit with plans for exploration and 

development and production. This 

rulemaking clarifies our regulations 

about what information MMS needs to 

ensure compliance with the ESA and 

MMPA requirements. The proposed rule 

would assure that lessees conduct their 

activities in a manner consistent with 

the provisions of the ESA and MMPA. 

DATES: MMS will consider all comments 

received by November 7, 2005. MMS 

will begin reviewing comments then 

and may not fully consider comments 

received after November 7, 2005. 

ADDRESSES: You may submit comments 

on the rulemaking by any of the 

following methods listed below. Please 

use the Regulation Identifier Number 

(RIN) 1010–AD10 in your message. See 

also Public Comment Procedure under 

Procedural Matters: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions on the Web site for 

submitting comments. 

• E-mail MMS at 

rules.comments@mms.gov. Use 1010–

AD10 in the subject line. 

• Fax: 703–787–1093. Identify with 

1010–AD10. 

• Mail or hand-carry comments to the 

Department of the Interior; Minerals 

Management Service; Attention: Rules 

Processing Team (RPT); 381 Elden 

Street, MS–4024; Herndon, Virginia 

20170–4817. Please reference ‘‘Plans 

and Information—Protection of Marine 

Mammals and Threatened and 

Endangered Species—AD10’’ in your 

comments. 

You may also send comments on the 

information collection aspects of this 

rule directly to the Office of 

Management and Budget (OMB), Office 

of Information and Regulatory Affairs, 

OMB Attention: Desk Officer for the 

Department of the Interior (1010–10) via 

OMB e-mail: 

(OIRA_DOCKET@omb.eop.gov); or by 

fax (202) 395–6566; identify with 1010–

AD10. Please also send a copy to MMS. 

FOR FURTHER INFORMATION CONTACT: Judy 

Wilson, Endangered Species 

Coordinator, Environmental Division, 

(703) 787–1075. 

SUPPLEMENTARY INFORMATION: The OCS 

Lands Act at 43 U.S.C. 1333, mandates 

‘‘The Constitution and laws and civil 

and political jurisdiction of the United 

States are extended to the subsoil and 

seabed of the Outer Continental Shelf 

and to all artificial islands, and all 

installations and other devices 

permanently or temporarily attached to 

the seabed * * *’’ Those laws include 

the ESA and the MMPA. The OCS 

Lands Act, at 43 U.S.C. 1332, requires 

‘‘* * * expeditious and orderly 

development, subject to environmental 

safeguards * * *’’ MMS, as a Federal 

agency, has a duty to carry out agency 

actions and authorizations in a manner 

that is not likely to jeopardize species 

listed under the ESA, or have more than 

a negligible impact on marine mammals 

or the availability of marine mammals 

for subsistence use under the MMPA. 

Section 7(a)(1) of the ESA, 16 U.S.C. 

1536(a)(1), mandates that the ‘‘Secretary 

shall review other programs 

administered by him and utilize such 

programs in furtherance of the purposes 

of this Act. All other Federal agencies 

shall, in consultation with and with the 

assistance of the Secretary, utilize their 

authorities in furtherance of the 

purposes of this Act by carrying out 

programs for the conservation of 

endangered species and threatened 

species listed pursuant to section 4 of 

this Act.’’ Therefore, it is the 

responsibility of MMS to require that 

lessees and operators conduct their 

activities in a manner that is consistent 

with the provisions of the ESA and 

MMPA. 

For these reasons, MMS proposes to 

amend 30 CFR part 250, subpart B—

Plans and Information, to require lessees 

to provide more environmental 

information concerning threatened or 

endangered species listed under the 

ESA and marine mammals protected 

under the MMPA. This information will 

be required when submitting plans for 

approval, and also while operating on 

the OCS, in the form of impactmonitoring data. MMS must often 

require mitigation measures and 

monitoring by lessees operating on the 

52954 Federal Register / Vol. 70, No. 171 / Tuesday, September 6, 2005 / Proposed Rules 

OCS. Mitigation and monitoring may be 

non-discretionary under the ESA if 

operations that we permit are to be 

exempt from prohibitions of ESA 

section 9, which prohibits taking of 

listed species. 

The ESA requires both monitoring 

and reporting. Monitoring programs 

resulting from ESA section 7 

(interagency) consultations are designed 

to: 

• Detect adverse effects resulting from 

a proposed action; 

• Assess the actual level of incidental 

take in comparison with the level of 

anticipated incidental take documented 

in the biological opinion; 

• Detect when the level of anticipated 

incidental take is exceeded; and 

• Determine the effectiveness of 

reasonable and prudent alternatives and 

their implementing terms and 

conditions. 

In addition, there can be no 

exemptions from ESA section 9 

prohibitions regarding listed marine 

mammals until take of marine mammals 

has been authorized under the MMPA 

and/or its 1994 amendments. The 

MMPA has mitigation, monitoring and 

reporting requirements similar to the 

ESA. 

In recent biological opinions, MMS 

has been required by National Oceanic 

and Atmospheric Administration 

(NOAA) through ESA section 7 

consultations to adopt mitigation, 

monitoring and reporting requirements. 

These non-discretionary requirements 

are related to mitigating the effects of 

noise, vessel traffic, and marine trash 

and debris (MMS Notices to Lessees 

(NTLs) 2003–G10, 2003–G11, 2004–G01, 

and 2004–G06). The ESA implementing 

regulations at 50 CFR 402.14(i)(3) state 

that ‘‘In order to monitor the impacts or 

incidental take, the Federal agency or 

any applicant must report the progress 

of the action and its impact on the 

species to the Service as specified in the 

incidental take statement.’’ Thus, the 

reporting requirements from the ESA 

section 7 consultations require MMS to 

have OMB information collection 

approval before collecting and using 

that information. MMS has OMB 

information collection approval for the 

non-discretionary requirements 

identified above. 

These proposed regulatory changes to 

subpart B will incorporate the general 

ESA information requirements for 

which MMS recently has received OMB 

information collection approval. (While 

monitoring and reporting are also 

required under MMPA regulations, 

NOAA has OMB approval for MMPA 

information collection.) The proposed 

revisions to subpart B require industry 

to comply with these specific 

environmental laws in a general way. 

The proposed rule will assure that 

lessees mitigate for potential takes and 

monitor for potential takes to aid in 

assessing the actual level of take and the 

effectiveness of the mitigation. 

The information collection 

requirements proposed under this rule 

will not substitute for a Letter of 

Authorization or Incidental Harassment 

Authorization. The reporting 

requirements do not authorize the 

taking of any marine mammal under the 

MMPA. This rule does not enable the 

MMS to make determinations under the 

ESA or MMPA on the level or 

significance of takings that could occur 

or otherwise substitute MMS judgment 

for the Fish and Wildlife Service (FWS) 

or National Marine Fisheries Service 

(NMFS) of NOAA. The purpose of this 

rule is to assure that lessees describe 

how they will mitigate the potential for 

takes to occur, monitor for potential 

takes and report any takes, should they 

occur. 

Procedural Matters 

Public Comment Procedures 

All submissions received must 

include the agency name and RIN for 

this rulemaking. Our practice is to make 

comments, including names and 

addresses of respondents, available for 

public review during regular business 

hours. Individual respondents may 

request that we withhold their address 

from the record, which we will honor to 

the extent allowable by law. There may 

be circumstances in which we would 

withhold from the record a respondent’s 

identity, as allowable by the law. If you 

wish us to withhold your name and/or 

address, you must state this 

prominently at the beginning of your 

comment. However, we will not 

consider anonymous comments. We 

will make all submissions from 

organizations or businesses, and from 

individuals identifying themselves as 

representatives or officials of 

organizations or businesses, available 

for public inspection in their entirety. 

Regulatory Planning and Review 

(Executive Order 12866) 

MMS has determined that this 

proposed rule is not economically 

significant under Executive Order 12866 

for the reasons stated below. 

(1) This proposed rule would not have 

an effect of $100 million or more on the 

economy. It would not adversely affect 

in a material way the economy, 

productivity, competition, jobs, the 

environment, public health or safety, or 

State, local, or tribal governments or 

communities. The proposed rule is 

necessary for MMS to implement 

nondiscretionary terms and conditions 

to be exempt from prohibitions of the 

ESA, at section 9 of the ESA, which 

prohibits the taking of listed species. 

There are no new costs associated with 

this rulemaking and it would not cause 

an annual effect on the economy of $100 

million or more. 

(2) This proposed rule would not 

create a serious inconsistency or 

otherwise interfere with an action taken 

or planned by another agency. MMS 

consulted with the FWS and NOAA. 

These agencies agree that the rule is 

consistent with their authorities and 

implementing regulations. The 

proposed rule does not affect how 

lessees or operators interact with other 

agencies. Nor does this proposed rule 

affect how MMS will interact with other 

agencies. 

(3) This proposed rule does not alter 

the budgetary effects or entitlements, 

grants, user fees, or loan programs or the 

rights or obligations of their recipients. 

(4) This proposed rule does not raise 

novel legal or policy issues. The 

proposed rule is a clarification of 

existing regulations. 

Regulatory Flexibility Act (RFA) 

The DOI certifies that this proposed 

rule does not have a significant 

economic effect on a substantial number 

of small entities as defined under the 

RFA (5 U.S.C. 601 et seq.). No 

additional costs are associated with this 

rule because it clarifies requirements 

that already exist. This rule reduces the 

ambiguity in our regulations. 

Accordingly, no further RFA analysis is 

necessary. 

Your comments are important. The 

Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and 10 Regional Fairness Boards were 

established to receive comments from 

small businesses about Federal agency 

enforcement actions. The Ombudsman 

will annually evaluate the enforcement 

activities and rate each agency’s 

responsiveness to small business. If you 

wish to comment on the actions of 

MMS, call 1–888–REG–FAIR (1–888–

734–3247). You may comment to the 

Small Business Administration without 

fear of retaliation. Disciplinary action 

for retaliation by an MMS employee 

may include suspension or termination 

from employment with the Department 

of the Interior (DOI). 

Small Business Regulatory Enforcement 

Fairness Act (SBREFA) 

This proposed rule is not a major rule 

under the SBREFA, (5 U.S.C. 804(2)). 

This proposed rule: 

Federal Register / Vol. 70, No. 171 / Tuesday, September 6, 2005 / Proposed Rules 52955 

(a) Does not have an annual effect on 

the economy of $100 million or more. 

(b) Will not cause a major increase in 

costs or prices for consumers, 

individual industries, Federal, State, or 

local government agencies, or 

geographic regions because the rule 

incorporates monitoring, mitigation and 

reporting requirements specified in 

current NTLs and lease stipulations. 

(c) Does not have significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

ability of United States-based 

enterprises to compete with foreignbased enterprises. All lessees and 

operators, regardless of nationality, 

must comply with the requirements of 

this rule. The proposed rule will not 

affect competition, employment, 

investment, productivity, innovation, or 

the ability of United States-based 

enterprises to compete with foreignbased enterprises. 

Unfunded Mandates Reform Act 

(UMRA) of 1995 (Executive Order 

12866) 

This rule does not impose an 

unfunded mandate on State, local, or 

tribal governments or the private sector 

of more than $100 million per year. The 

rule does not have any Federal 

mandates; nor does the rule have a 

significant or unique effect on State, 

local, or tribal governments or the 

private sector. A statement containing 

the information required by the UMRA 

(2 U.S.C. 1531 et seq.) is not required. 

Takings Implication Assessment 

(Executive Order 12630) 

This rule does not have significant 

takings implications. The proposed rule 

revises existing operation regulations. It 

does not prevent any lessee or operator 

from performing operations on the OCS, 

provided they follow the regulations. 

Thus, MMS did not need to prepare a 

Takings Implication Assessment 

according to Executive Order 12630, 

Governmental Actions and Interference 

with Constitutionally Protected Property 

Rights. 

Energy Supply, Distribution, or Use 

(Executive Order 13211) 

We have evaluated the rule in 

accordance with E.O. 13211 and have 

determined that this rule does not have 

a significant effect on energy supply, 

distribution, or use because the major 

purpose for this rule is the restructuring 

of the rule and clarifying regulatory 

language. The rule addresses the 

requirements and processes for 

submitting various plans and 

documents for MMS approval before a 

lessee or operator may explore, develop, 

or produce oil and gas in the OCS and 

contains virtually all the same reporting 

and recordkeeping requirements and 

attendant costs as current regulations. 

There are a few new or expanded areas 

that have been incorporated. Therefore, 

this action is not a significant energy 

action, and no Statement of Energy 

Effects is required. 

Federalism (Executive Order 13132) 

This rule does not have Federalism 

implications. This proposed rule does 

not substantially and directly affect the 

relationship between the Federal and 

State Governments. The proposed rule 

applies to lessees and operators that 

conduct activities on the OCS. This 

proposed rule does not impose costs on 

States or localities. Any costs will be the 

responsibility of the lessees and 

operators. 

Civil Justice Reform (Executive Order 

12988) 

The Office of the Solicitor has 

determined that this rule does not 

unduly burden the judicial system and 

does meet the requirements of sections 

3(a) and 3(b)(2) of the Order. 

Paperwork Reduction Act (PRA) of 

1995 

The proposed revisions to 30 CFR part 

250, subpart B, refer to, but do not 

change, information collection 

requirements in current regulations. The 

rule proposes no new reporting or 

recordkeeping requirements, and an 

OMB form 83–I submission to OMB 

under the PRA is not required. The PRA 

provides that an agency may not 

conduct or sponsor a collection of 

information unless it displays a 

currently valid OMB control number. 

Until OMB approves a collection of 

information and assigns a control 

number, you are not required to 

respond. OMB approved the referenced 

information collection requirements 

under OMB control number 1010–0151, 

expiration 7/31/08. 

National Environmental Policy Act 

(NEPA) of 1969 

The rule does not constitute a major 

Federal action significantly affecting the 

quality of the human environment. A 

detailed statement under the NEPA is 

not required. 

Consultation and Coordination With 

Indian Tribal Governments (Executive 

Order 13175) 

This rule does not have tribal 

implications that impose substantial 

direct compliance costs on Indian tribal 

governments. 

List of Subjects in 30 CFR Part 250 

Administrative practice and 

procedure, Continental Shelf, 

Environmental Impact statements, 

Environmental protection, Government 

contracts, Investigations, Oil and gas 

exploration, Penalties, Pipelines, Public 

lands—mineral resources, Public 

lands—rights-of-way, Reporting and 

recordkeeping requirements, Sulphur. 

Dated: May 13, 2005. 

James O. Ratliff, 

Acting Assistant Secretary—Land and 

Minerals Management. 

For the reasons stated in the 

preamble, the Minerals Management 

Service proposes to amend 30 CFR part 

250 as follows: 

PART 250—OIL AND GAS AND 

SULPHUR OPERATIONS IN THE 

OUTER CONTINENTAL SHELF 

1. The authority citation for part 250 

continues to read as follows: 

Authority: 43 U.S.C. 1331 et seq. 

2. In § 250.216 revise paragraph (a) to 

read as follows: 

§ 250.216 What biological, physical, and 

socioeconomic information must 

accompany the EP? 

* * * * * 

(a) Biological environment reports. 

Site-specific information on 

chemosynthetic communities, federally 

listed threatened or endangered species, 

marine mammals protected under the 

Marine Mammal Protection Act, 

sensitive underwater features, marine 

sanctuaries, critical habitat designated 

under the Endangered Species Act, or 

other areas of biological concern. 

* * * * * 

3. In § 250.221 revise paragraph (a) to 

read as follows: 

§ 250.221 What environmental monitoring 

information must accompany the EP? 

* * * * * 

(a) Monitoring systems. A description 

of any existing and planned monitoring 

systems that are measuring, or will 

measure, environmental conditions or 

will provide project-specific data or 

information on the impacts of your 

exploration activities. If there is a reason 

to believe that protected species may be 

incidentally taken by planned 

exploration activities, you must describe 

how you will monitor for incidental 

take of threatened and endangered 

species listed under the Endangered 

Species Act. You must also describe 

your monitoring program for incidental 

takes of marine mammals, as 

appropriate, if you have not already 

received authorization for incidental 

52956 Federal Register / Vol. 70, No. 171 / Tuesday, September 6, 2005 / Proposed Rules 

take as may be required under the 

Marine Mammal Protection Act. 

* * * * * 

4. Revise § 250.223 to read as follows: 

§ 250.223 What mitigation measures 

information must accompany the EP? 

If you propose to use any measures 

beyond those required by the 

regulations in this part to minimize or 

mitigate environmental impacts from 

your proposed exploration activities, a 

description of the measures you will use 

must accompany your EP. If there is a 

reason to believe that protected species 

may be incidentally taken by planned 

exploration activities, you must include 

mitigation measures designed to avoid 

or minimize the incidental take of 

threatened and endangered species 

listed under the Endangered Species 

Act. You must also describe your 

mitigation measures for marine 

mammals, as appropriate, if you have 

not already received authorization for 

incidental take as may be required 

under the Marine Mammal Protection 

Act. 

5. Revise paragraphs (a)(3) and (c)(1) 

in § 250.227 to read as follows: 

§ 250.227 What environmental impact 

analysis (EIA) information must accompany 

the EP? 

* * * * * 

(a) * * * 

(3) Be as detailed as necessary to 

assist the Regional Supervisor in 

complying with the National 

Environmental Policy Act (NEPA) of 

1969 (42 U.S.C. 4321 et seq.) and other 

relevant Federal laws such as the 

Endangered Species Act and the Marine 

Mammal Protection Act. 

* * * * * 

(c) * * * 

(1) Analyze the potential direct and 

indirect impacts (including those from 

accidents, cooling water intake 

structures, and those identified in 

relevant Endangered Species Act 

biological opinions such as, but not 

limited to, noise, vessel collisions, and 

marine trash and debris) that your 

proposed exploration activities will 

have on the identified resources, 

conditions, and activities; 

* * * * * 

6. In § 250.247 revise paragraph (a) to 

read as follows: 

§ 250.247 What biological, physical, and 

socioeconomic information must 

accompany the DPP or DOCD? 

* * * * * 

(a) Biological environment reports. 

Site-specific information on 

chemosynthetic communities, federally 

listed threatened or endangered species, 

marine mammals protected under the 

Marine Mammal Protection Act, 

sensitive underwater features, marine 

sanctuaries, critical habitat designated 

under the Endangered Species Act, or 

other areas of biological concern. 

* * * * * 

7. In § 250.252 revise paragraph (a) to 

read as follows: 

§ 250.252 What environmental monitoring 

information must accompany the DPP or 

DOCD? 

* * * * * 

(a) Monitoring systems. A description 

of any existing and planned monitoring 

systems that are measuring, or will 

measure, environmental conditions or 

will provide project-specific data or 

information on the impacts of your 

development and production activities. 

If there is a reason to believe that 

protected species may be incidentally 

taken by planned development and 

production activities, you must describe 

how you will monitor for incidental 

take of threatened and endangered 

species listed under the Endangered 

Species Act and for marine mammals, as 

appropriate, if you have not already 

received authorization for incidental 

take of marine mammals as may be 

required under the Marine Mammal 

Protection Act. 

* * * * * 

8. Revise § 250.254 to read as follows: 

§ 250.254 What mitigation measures 

information must accompany the DPP or 

DOCD? 

If you propose to use any measures 

beyond those required by the 

regulations in this part to minimize or 

mitigate environmental impacts from 

your proposed development and 

production activities, a description of 

the measures you will use must 

accompany your DPP or DOCD. If there 

is a reason to believe that protected 

species may be incidentally taken by 

planned development and production 

activities, you must include mitigation 

measures designed to avoid or minimize 

that incidental take of threatened and 

endangered species listed under the 

Endangered Species Act. You must also 

describe your mitigation measures for 

marine mammals, as appropriate, if you 

have not already received authorization 

for incidental take as may be required 

under the Marine Mammal Protection 

Act. 

9. Revise paragraphs (a)(3) and (c)(1) 

in § 250.261 to read as follows: 

§ 250.261 What environmental impact 

analysis (EIA) information must accompany 

the DPP or DOCD? 

* * * * * 

(a) * * * 

(3) Be as detailed as necessary to 

assist the Regional Supervisor in 

complying with the National 

Environmental Policy Act (NEPA) of 

1969 (42 U.S.C. 4321 et seq.) and other 

relevant Federal laws such as the 

Endangered Species Act and the Marine 

Mammal Protection Act. 

* * * * * 

(c) * * * 

(1) Analyze the potential direct and 

indirect impacts (including those from 

accidents, cooling water intake 

structures, and those identified in 

relevant Endangered Species Act 

biological opinions such as, but not 

limited to, those from noise, vessel 

collisions, and marine trash and debris) 

that your proposed development and 

production activities will have on the 

identified resources, conditions, and 

activities; 

* * * * * 

10. Revise the introductory paragraph 

to § 250.282 to read as follows: 

§ 250.282 Do I have to conduct postapproval monitoring? 

After approving your EP, DPP, or 

DOCD, the Regional Supervisor may 

direct you to conduct monitoring 

programs, including monitoring in 

accordance with the Endangered 

Species Act and the Marine Mammal 

Protection Act. You must retain copies 

of all monitoring data obtained or 

derived from your monitoring programs 

and make them available to MMS upon 

request. 

The Regional Supervisor may require 

you to: 

* * * * * 

[FR Doc. 05–17543 Filed 9–2–05; 8:45 am] 

BILLING CODE 4310–MR–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[Docket ID #: R10–OAR–2005–OR–0001; 

FRL–7964–7] 

Approval and Promulgation of State 

Implementation Plans: Oregon; 

Portland Carbon Monoxide Second 10- 

Year Maintenance Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The EPA proposes to approve 

the second 10-year maintenance plan for 

carbon monoxide (CO) for the Portland, 

Oregon CO Attainment Area. 

Specifically, in this action EPA