54638 Federal Register / Vol. 70, No. 179 / Friday, September 16, 2005 / Rules and Regulations 

Bridge to navigation to replace and 

install the existing motor and coupling. 

The vertical lift span will be locked in 

the closed-to-navigation position for two 

3-day closure periods: From 7 a.m. on 

October 14, 2005, through 5 p.m. on 

October 17, 2005, and from 7 a.m. on 

November 18, 2005, through 5 p.m. on 

November 21, 2005. During these 

periods, the work requires completely 

immobilizing the operation of the 

vertical lift span in the closed-tonavigation position. 

The Coast Guard has informed the 

known users of the waterway of the 

closure periods for the bridge so that 

these vessels can arrange their transits 

to minimize any impact caused by the 

temporary deviation. 

The District Commander has granted 

temporary deviation from the operating 

requirements listed in 33 CFR 117.35 for 

the purpose of repairing the drawbridge. 

The temporary deviation allows the 

James River Bridge, at mile 5.0, between 

Isle of Wight and Newport News, 

Virginia, to remain closed to navigation 

on two 3-day closure periods: From 7 

a.m. on October 14, 2005, through 5 

p.m. on October 17, 2005, and from 7 

a.m. on November 18, 2005, through 5 

p.m. on November 21, 2005. 

In accordance with 33 CFR 117.35(c), 

this work will be performed with all due 

speed in order to return the bridge to 

normal operations as soon as possible. 

This deviation from the operating 

regulations is authorized under 33 CFR 

117.35. 

Dated: September 9, 2005. 

Waverly W. Gregory, Jr., 

Chief, Bridge Administration Branch, Fifth 

Coast Guard District. 

[FR Doc. 05–18481 Filed 9–15–05; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 49 

[R10–OAR–2005–TR–0001; FRL–7970–2] 

Announcement of the Delegation of 

Partial Administrative Authority for 

Implementation of Federal 

Implementation Plan for the Nez Perce 

Reservation to the Nez Perce Tribe 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Delegation of authority; 

technical amendment. 

SUMMARY: This action announces that on 

June 27, 2005, EPA Region 10 and the 

Nez Perce Tribe entered into a Partial 

Delegation of Administrative Authority 

to carry out certain day-to-day activities 

associated with administration of the 

Federal Implementation Plan for the 

Nez Perce Reservation (Nez Perce FIP). 

A note of this partial delegation is being 

added to the Nez Perce FIP. 

DATES: This action is effective 

September 16, 2005. The date of 

delegation can be found in the 

SUPPLEMENTARY INFORMATION section of 

this document. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. R10–OAR–2005–TR–0001. The 

delegation agreement and other docket 

materials are available electronically in 

EDOCKET, EPA’s electronic public 

docket and comment system, found at 

http://www.epa.gov/edocket, or in hard 

copy from Steve Body at EPA Region 10, 

Office of Air, Waste and Toxics (AWT–

107), 1200 Sixth Avenue, Seattle, 

Washington 98101, or via e-mail at 

body.steve@epa.gov. Additional 

information may also be obtained from 

the Nez Perce Tribe by contacting Julie 

Simpson, Air Quality Project 

Coordinator, Environmental Restoration 

and Waste Management (ERWM), Nez 

Perce Tribe, P.O. Box 365, Lapwai, 

Idaho 82540. 

FOR FURTHER INFORMATION CONTACT: 

Steve Body at telephone number: (206) 

553–0782, e-mail address: 

body.steve@epa.gov, or the above EPA, 

Region 10 address. 

SUPPLEMENTARY INFORMATION: The 

purpose of this action is to announce 

that on June 27, 2005, EPA Region 10, 

delegated partial administrative 

authority for implementation of certain 

provisions of the Nez Perce FIP to the 

Nez Perce Tribe. See 40 CFR part 49, 

subpart M, section 10401 through 

10430, as authorized by 40 CFR 49.122 

of the Federal Air Rules for 

Reservations, (FARR), 40 CFR part 49, 

subpart C. 

I. Authority To Delegate 

Federal regulation 40 CFR 49.122 

provides EPA authority to delegate to 

Indian tribes partial administrative 

authority to administer provisions of the 

Federal Air Rules for Reservations 

(FARR), 40 CFR part 49, subpart C. 

Tribes must submit a request to the 

Regional Administrator that meets the 

requirements of 40 CFR 49.122. 

II. Partial Delegation of Administrative 

Authority 

On June 27, 2005, EPA entered into an 

‘‘Agreement for Partial Delegation of the 

Federal Implementation Plan for the 

Nez Perce Reservation by the United 

States Environmental Protection 

Agency, Region 10, to the Nez Perce 

Tribe.’’ The Delegation Agreement 

provides authority for the Nez Perce 

Tribe to administer the following rules 

that are part of the Federal 

Implementation Plan for the Nez Perce 

Tribe of Idaho, 40 CFR 49.10401 

through 49.10430: 49.10410(b) Section 

49.124 Rule for limiting visible 

emissions; 49.10410(i) Section 49.131 

General rule for open burning; 

49.10410(j) Section 49.132 Rule for 

general open burning permits; 

49.10410(k) Section 49.133 Rule for 

agricultural burning permits; 

49.10410(l) Section 49.134 Rule for 

forestry and silvicultural burning 

permits; and 49.10410(n) Section 49.137 

Rule for air pollution episodes. 

Section 553 of the Administrative 

Procedure Act, 5 U.S.C. 553 (b)(B), 

provides that, when an agency for good 

cause finds that notice and public 

procedure are impracticable, 

unnecessary or contrary to the public 

interest, the agency may issue a rule 

without providing notice and an 

opportunity for public comment. EPA 

has determined that there is good cause 

for making today’s rule final without 

prior proposal and opportunity for 

comment because EPA is merely 

informing the public of partial 

delegation of administrative authority to 

the Nez Perce Tribe and making a 

technical amendment to the Code of 

Federal Regulations (CFR) by adding a 

note announcing the partial delegation. 

Thus, notice and public procedure are 

unnecessary. EPA finds that this 

constitutes good cause under 5 U.S.C. 

553(b)(B). 

Moreover, since today’s action does 

not create any new regulatory 

requirements, EPA finds that good cause 

exists to provide for an immediate 

effective date pursuant to 5 U.S.C. 

553(d)(3). 

III. Statutory and Executive Order 

Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. For 

this reason, this action is also not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

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

22, 2001). This action merely makes a 

technical amendment and gives notice 

of a partial delegation of administrative 

authority. 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.). This rule does 

Federal Register / Vol. 70, No. 179 / Friday, September 16, 2005 / Rules and Regulations 54639 

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). 

Executive Order 13175, entitled 

‘‘Consultation and Coordination With 

Indian Tribal Governments’’ (65 FR 

67249, November 6, 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.’’ ‘‘Policies that have tribal 

implications’’ is defined in the 

Executive Order to include regulations 

that have ‘‘substantial direct effects on 

one or more Indian tribes, on the 

relationship between the Federal 

government and the Indian tribes, or on 

the distribution of power and 

responsibilities between the Federal 

government and Indian tribes.’’ Under 

section 5(b) of Executive Order 13175, 

EPA may not issue a regulation that has 

tribal implications, that imposes 

substantial direct compliance costs, and 

that is not required by statute, unless 

the Federal government provides the 

funds necessary to pay the direct 

compliance costs incurred by tribal 

governments, or EPA consults with 

tribal officials early in the process of 

developing the proposed regulation. 

Under section 5(c) of Executive Order 

13175, EPA may not issue a regulation 

that has tribal implications and that 

preempts tribal law, unless the Agency 

consults with tribal officials early in the 

process of developing the regulation. 

EPA has concluded that this rule may 

have tribal implications. EPA’s action 

fulfills a requirement to publish a notice 

announcing partial delegation of 

administrative authority to the Nez 

Perce Tribe and noting the partial 

delegation in the CFR. However, it will 

neither impose substantial direct 

compliance costs on tribal governments, 

nor preempt tribal law. Thus, the 

requirements of sections 5(b) and 5(c) of 

the Executive Order do not apply to this 

rule. 

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 technical 

amendment merely notes that partial 

delegation of administrative authority to 

the Nez Perce Tribe is in effect. 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. 

This action does not involve technical 

standards; 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 15, 

2005. 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 49 

Administrative practice and 

procedure, Air pollution control, 

Indians, Intergovernmental relations, 

Reporting and recordkeeping 

requirements. 

Dated: September 7, 2005. 

Julie M. Hagensen, 

Acting Regional Administrator, Region 10. 

■ Chapter I, title 40 of the Code of 

Federal Regulations is amended as 

follows: 

PART 49—[Amended] 

■ 1. The authority citation for part 49 

continues to read as follows: 

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

Subpart M—[Amended] 

■ 2. Section 49.10410 is amended by 

adding a note to the end of the section 

to read as follows: 

§ 49.10410 Federally-promulgated 

regulations and Federal implementation 

plans. 

* * * * * 

Note to § 49.10410: EPA entered into 

a Partial Delegation of Administrative 

Authority Agreement with the Nez 

Perce Tribe on June 27, 2005 for the 

rules listed in paragraphs (b), (i), (j), (k), 

(l) and (n) of this section. 

[FR Doc. 05–18425 Filed 9–15–05; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[R03–OAR–2005–DE–0001; FRL–7970–4] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Delaware; Withdrawal of Direct Final 

Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Withdrawal of direct final rule. 

SUMMARY: Due to adverse comments, 

EPA is withdrawing the direct final rule 

to approve Delaware’s State 

Implementation Plan (SIP) revision. The 

SIP revision pertains to the 

modifications to the ambient air quality 

standards for ozone and fine particulate 

matter. In the direct final rule published 

on July 18, 2005 (70 FR 41146), we 

stated that if we received adverse 

comments by August 17, 2005, the rule 

would be withdrawn and not take effect. 

EPA subsequently received adverse 

comments. EPA will address the 

comments received in a subsequent 

final action based upon the proposed 

action also published on July 18, 2005 

(70 FR 41166). EPA will not institute a 

second comment period on this action. 

DATES: The direct final rule is 

withdrawn as of September 16, 2005. 

FOR FURTHER INFORMATION CONTACT: Rose 

Quinto, (215) 814–2182, or by e-mail at 

quinto.rose@epa.gov. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Nitrogen dioxide, 

Ozone, Particulate matter, Reporting 

and recordkeeping requirements, 

Volatile organic compounds.