52960 Federal Register / Vol. 70, No. 171 / Tuesday, September 6, 2005 / Proposed Rules 

implementation of that transportation 

plan are less than or equal to the motor 

vehicle emission level established in the 

SIP for the maintenance year and other 

analysis years. 

In this maintenance plan, procedures 

for estimating motor vehicle emissions 

are well documented. The regional 

motor vehicle emissions calculated by 

MOBILE6.2 were used in the 

probabilistic rollback method to 

compute a threshold level of regional 

emissions inventory that would provide 

maintenance of the CO standard with 

99% certainty and confidence through 

the second 10-year maintenance period. 

The computed attainment threshold of 

regional motor vehicle emissions can be 

used to assess the long term attainment 

prospects. The total on-road motor 

vehicle CO emissions in the Portland 

area for 2005, 2010 and 2017 are shown 

in Table 2. 

TABLE 2.—PORTLAND MAINTENANCE AREA CO MOTOR VEHICLE EMISSIONS BUDGETS

[Pounds per winter day] 

Year 2005 2010 2017 

Budget ...................................................................................................................................................... 1,238,575 1,033,578 1,181,341 

For the purpose of demonstrating 

transportation conformity in the 

timeframe of the area’s transportation 

plan for all years beyond 2017, motor 

vehicle emissions must be less than or 

equal to the maintenance plan’s motor 

vehicle emissions budget for 2017. 

XI. In Conclusion, How Would This 

EPA Approval Affect the General 

Public and Citizens of the Portland 

Area? 

This action proposes to approve 

measures adopted by ODEQ to ensure 

maintenance of the Federal air quality 

standards for CO in the Portland area for 

a second 10-year period and protect the 

health and welfare of the area citizens 

from adverse effects of degraded air 

quality levels. 

XII. Statutory and Executive Order 

Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this proposed 

action is not a ‘‘significant regulatory 

action’’ and therefore is not subject to 

review by the Office of Management and 

Budget. For this reason, this action is 

also not subject to Executive Order 

13211, ‘‘Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

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

22, 2001). This proposed action merely 

proposes to approve state law as 

meeting Federal requirements and 

imposes no additional requirements 

beyond those imposed by state law. 

Accordingly, the Administrator certifies 

that this proposed 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 

proposes to approve 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 proposed 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 

proposes to approve 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 proposed 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 proposed 

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.). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Intergovernmental relations, Reporting 

and recordkeeping requirements. 

Dated: August 23, 2005. 

Julie M. Hagensen, 

Acting Regional Administrator, EPA Region 

10. 

[FR Doc. 05–17537 Filed 9–2–05; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[R09–OAR–2005–AZ–0003; FRL–7960–9] 

Approval and Promulgation of 

Implementation Plans and Designation 

of Areas for Air Quality Planning 

Purposes; Arizona; Correction of 

Redesignation of Phoenix To 

Attainment for the Carbon Monoxide 

Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to amend 

the regulations that identify revisions to 

the Arizona state implementation plan 

and the regulations that identify area 

designations within Arizona. In so 

doing, EPA is acting pursuant to the 

Agency’s authority under the Clean Air 

Act to correct errors made in approving 

plan revisions and area redesignations. 

The purpose of this proposed rule is to 

correct an error in the adoption and 

submittal date shown for a revision to 

the implementation plan that EPA 

recently approved and to correct a 

transcription error in, and to make a 

more general correction to, the 

Federal Register / Vol. 70, No. 171 / Tuesday, September 6, 2005 / Proposed Rules 52961 

boundary description of the 

metropolitan Phoenix carbon monoxide 

area that EPA recently redesignated to 

attainment. 

DATES: Any comments on this proposal 

must arrive by October 6, 2005. 

ADDRESSES: Submit comments, 

identified by docket number R09–OAR–

2005–AZ–0003 by one of the following 

methods: 

1. Agency Web site: http:// 

docket.epa.gov/rmepub/. EPA prefers 

receiving comments through this 

electronic public docket and comment 

system. Follow the on-line instructions 

to submit comments. 

2. Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

on-line instructions. 

3. E-mail: tax.wienke@epa.gov. 

4. Mail or deliver: Wienke Tax, Office 

of Air Planning (AIR–2), U.S. 

Environmental Protection Agency, 

Region 9, 75 Hawthorne Street, San 

Francisco, CA 94105–3901. 

Instructions: All comments will be 

included in the public docket without 

change and may be made available 

online at 

http://docket.epa.gov/rmepub/, 

including any personal information 

provided, unless the comment includes 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through the 

agency Web site, eRulemaking portal, or 

e-mail. The agency Web site and 

eRulemaking portal are ‘‘anonymous 

access’’ systems, and EPA will not know 

your identify or contact information 

unless you provide it in the body of 

your comment. If you send e-mail 

directly to EPA, your e-mail address 

will be automatically captured and 

included as part of the public comment. 

If EPA cannot read your comment due 

to technical difficulties and cannot 

contact you for clarification, EPA may 

not be able to consider your comment. 

Docket: The index to the docket for 

this action is available electronically at 

http://docket.epa.gov/rmepub and in 

hard copy at EPA Region IX, 75 

Hawthorne Street, San Francisco, 

California. While all documents in the 

docket are listed in the index, some 

information may be publicly available 

only at the hard copy location (e.g., 

copyrighted material), and some may 

not be publicly available in either 

location (e.g., CBI). To inspect the hard 

copy materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Wienke Tax, Air Planning Office (AIR–

2), U.S. Environmental Protection 

Agency, Region 9, (520) 622–1622 or email to tax.wienke@epa.gov, or check 

http://www.epa.gov/region09/air. 

SUPPLEMENTARY INFORMATION: This 

proposal addresses the correction of a 

final rule EPA promulgated on March 9, 

2005 (at 70 FR 11553) approving two 

submittals of revisions to the Arizona 

state implementation plan, 

redesignating the metropolitan Phoenix 

carbon monoxide area to attainment, 

and redesignating the boundary of the 

metropolitan Phoenix carbon monoxide 

area to exclude the Gila River Indian 

Reservation. In the Rules section of this 

Federal Register, we are taking direct 

final action to correct the State of 

Arizona’s adoption and submittal date 

for one of the plan revisions that we 

approved in our March 9, 2005 final 

rule, to correct a transcription error in 

the description of the boundary of the 

metropolitan Phoenix carbon monoxide 

area, and to correct the description of 

the boundary of the metropolitan 

Phoenix carbon monoxide area 

promulgated in our March 9, 2005 final 

rule without prior proposal because we 

believe this correction action is not 

controversial. If we receive adverse 

comments, however, we will publish a 

timely withdrawal of the direct final 

rule and address the comments in 

subsequent action based on this 

proposed rule. We do not plan to open 

a second comment period, so anyone 

interested in commenting should do so 

at this time. If we do not receive 

comments, no further activity is 

planned. For further information, please 

see the direct final action. 

Dated: July 15, 2005. 

Laura Yoshii, 

Deputy Regional Administrator, Region IX. 

[FR Doc. 05–17540 Filed 9–2–05; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket No. FEMA–D–7632] 

Proposed Flood Elevation 

Determinations 

AGENCY: Federal Emergency 

Management Agency (FEMA), 

Emergency Preparedness and Response 

Directorate, Department of Homeland 

Security. 

ACTION: Proposed rule. 

SUMMARY: Technical information or 

comments are requested on the 

proposed Base (1% annual chance) 

Flood Elevations (BFEs) and proposed 

BFE modifications for the communities 

listed below. The BFEs are the basis for 

the floodplain management measures 

that the community is required either to 

adopt or to show evidence of being 

already in effect in order to qualify or 

remain qualified for participation in the 

National Flood Insurance Program 

(NFIP). 

DATES: The comment period is ninety 

(90) days following the second 

publication of this proposed rule in a 

newspaper of local circulation in each 

community. 

ADDRESSES: The proposed BFEs for each 

community are available for inspection 

at the office of the Chief Executive 

Officer of each community. The 

respective addresses are listed in the 

table below. 

FOR FURTHER INFORMATION CONTACT: 

Doug Bellomo, P.E., Hazard 

Identification Section, Emergency 

Preparedness and Response Directorate, 

FEMA, 500 C Street SW., Washington, 

DC 20472, (202) 646–2903. 

SUPPLEMENTARY INFORMATION: FEMA 

proposes to make determinations of 

BFEs and modified BFEs for each 

community listed below, in accordance 

with Section 110 of the Flood Disaster 

Protection Act of 1973, 42 U.S.C. 4104, 

and 44 CFR 67.4(a). 

These proposed base flood elevations 

and modified BFEs, together with the 

floodplain management criteria required 

by 44 CFR 60.3, are the minimum that 

are required. They should not be 

construed to mean that the community 

must change any existing ordinances 

that are more stringent in their 

floodplain management requirements. 

The community may at any time enact 

stricter requirements of its own, or 

pursuant to policies established by other 

Federal, state or regional entities. These 

proposed elevations are used to meet 

the floodplain management 

requirements of the NFIP and are also 

used to calculate the appropriate flood 

insurance premium rates for new 

buildings built after these elevations are 

made final, and for the contents in these 

buildings. 

National Environmental Policy Act. 

This proposed rule is categorically 

excluded from the requirements of 44 

CFR part 10, Environmental 

Consideration. No environmental 

impact assessment has been prepared. 

Regulatory Flexibility Act. The 

Mitigation Division Director of the