Federal Register / Vol. 70, No. 25 / Tuesday, February 8, 2005 / Rules and Regulations 6591

1August 9, 2001 memo from Lydia Wegman, 

Director, Air Quality Standards and Strategies 

Division, entitled ‘‘Limited Maintenance Plan 

Option for Moderate PM–10 Nonattainment Areas.’’

Original amendment

submission date 

Date of publication

of final rule Citation/description of approved provisions 

* * * * * * * 

March 25, 2004 .............................. February 8, 2005 ........................... CSR 38–2–3.12.a.1; 7.6 (except the word ‘‘excessive’’ at 7.6.e.1); 7.7 

(except the word ‘‘excessive’’ at 7.7.e.1); 9.3.g; 14.15.a.1; 14.15.g; 

20.1.a.6; 22.5.a; 23 (deleted); and 24. Reduced Inspection Frequency Policy dated November 3, 2004. 

■ 4. Section 948.16 is amended by 

removing and reserving paragraph 

(oooo).

[FR Doc. 05–2411 Filed 2–7–05; 8:45 am] 

BILLING CODE 4310–05–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[WA–04–006; FRL–7866–4] 

Approval and Promulgation of 

Implementation Plans and Designation 

of Areas for Air Quality Planning 

Purposes: Washington; Yakima PM–10 

Nonattainment Area Limited 

Maintenance Plan

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Final rule.

SUMMARY: The Environmental Protection 

Agency (EPA or Agency) is taking final 

action to approve the Limited 

Maintenance Plan (LMP) for Yakima 

PM–10 nonattainment area (Yakima 

NAA) in the State of Washington and 

grant a request by the State to 

redesignate the Yakima NAA to 

attainment for the National Ambient Air 

Quality Standards (NAAQS) for 

particulate matter with an aerodynamic 

diameter less than or equal to a nominal 

10 micrometers (PM–10). In a 

concurrent notice of final rulemaking 

published today, EPA is correcting the 

boundary of the Yakima NAA to 

exclude a small portion that lies within 

the exterior boundary of the Yakama 

Indian Reservation. The State 

Implementation Plan (SIP) that we are 

approving with this action does not 

extend to lands which are within the 

boundaries of the Yakama Indian 

Reservation.

EFFECTIVE DATE: This rule is effective 

March 10, 2005.

ADDRESSES: Copies of the State’s request 

and other supporting information used 

in developing this action are available 

for inspection during normal business 

hours at the following locations: EPA, 

Office of Air, Waste and Toxics 

(OAWT–107), 1200 Sixth Avenue, 

Seattle, Washington 98101. Interested 

persons wanting to examine these 

documents should make an 

appointment with the appropriate office 

at least 24 hours before the visiting day. 

A reasonable fee may be charged for 

copies.

FOR FURTHER INFORMATION CONTACT: Gina 

Bonifacino, Office of Air Quality 

(OAWT–107), EPA Region 10, 1200 

Sixth Avenue, Seattle, Washington 

98101, (206) 553–2970.

SUPPLEMENTARY INFORMATION:

Throughout this document, wherever 

‘‘we,’’ ‘‘us’’ or ‘‘our’’ is used, we mean 

EPA. Information is organized as 

follows:

Table of Contents 

I. Background 

II. Public Comments 

III. Final Action 

IV. Statutory and Executive Order Reviews

I. Background 

Under the authority of the Federal 

Clean Air Act (Clean Air Act or the Act) 

EPA is taking final action to approve the 

Limited Maintenance Plan (LMP) for the 

Yakima County PM–10 Nonattainment 

Area (Yakima NAA) in the State of 

Washington and to redesignate the area 

to attainment for PM–10. The action to 

redesignate the Yakima NAA to 

attainment is based on valid monitoring 

data and analysis of ambient air quality 

made in the demonstration that 

accompanies the LMP. EPA believes the 

area will continue to meet the National 

Ambient Air Quality Standards 

(NAAQS or standards) for PM–10 for at 

least 10 years beyond this redesignation, 

as required by the Act. In addition, EPA 

believes that the area will continue to 

meet the Limited Maintenance Plan 

design value criteria outlined in the 

LMP policy 1. A detailed description of 

our proposed action to approve the 

Yakima NAA LMP and redesignation 

request was published in a proposed 

rulemaking in the Federal Register on 

November 29, 2004. See 69 FR 69342.

II. Public Comments 

EPA provided a 30-day review and 

comment period and solicited 

comments on our proposal published in 

the November 29, 2004, Federal 

Register. See 69 FR 69342. No 

comments were received for the 

proposed rulemaking. EPA is now 

taking final action on the SIP revision 

consistent with the published proposal.

III. Final Action 

EPA is taking final action to approve 

the Yakima County PM–10 Limited 

Maintenance Plan and to redesignate the 

Yakima County nonattainment area to 

attainment for PM–10. Washington has 

demonstrated compliance with the 

requirements of section 107(d)(3)(E) 

based on information provided by the 

Washington Department of Ecology and 

contained in the Washington SIP and 

Yakima NAA PM–10 Limited 

Maintenance Plan. 

IV. 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 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 

6592 Federal Register / Vol. 70, No. 25 / Tuesday, February 8, 2005 / Rules and Regulations 

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 March 10, 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 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Particulate matter, Reporting 

and recordkeeping requirements. 

40 CFR Part 81 

Environmental protection, Air 

pollution control, National parks, 

Wilderness areas.

Dated: January 21, 2005. 

Ronald A. Kreizenbeck, 

Acting Regional Administrator, Region 10.

■ Parts 52 and 81, chapter I, title 40 of 

the Code of Federal Regulations are 

amended as follows:

PART 52—[AMENDED]

■ 1. The authority citation for part 52 

continues to read as follows:

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

Subpart WW—Washington

■ 2. In § 52.2475 is amended by adding 

paragraph (e) to read as follows:

§ 52.2475 Approval of plans. 

(e) Particulate matter. 

(1) Yakima. 

(i) EPA approves as a revision to the 

Washington State Implementation Plan, 

the Yakima County PM–10 

Nonattainment Area Limited 

Maintenance Plan adopted by the 

Yakima Regional Clean Air Authority on 

June 9, 2004, and adopted and 

submitted by the Washington 

Department of Ecology on July 8, 2004. 

(ii) [Reserved]

* * * * *

PART 81—[AMENDED]

■ 1. The authority citation for part 81 

continues to read as follows:

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

■ 2. In § 81.348, the table entitled 

‘‘Washington —PM–10’’ is amended by 

revising the entry for ‘‘Yakima County’’

to read as follows:

§ 81.348 Washington.

* * * * *

WASHINGTON—PM–10 

Designated area 

Designation Classification 

Date Type Date Type 

* * * * * * * 

Yakima County The area bounded on the south by a line from UTM 

coordinate 694000mW, 5157000mN, west to 681000mW, 

5157000mN, thence north along a line to coordinate 681000mN, 

5172000mN, thence east to 694000mW, 5172000mN, thence 

south to the beginning coordinate 694000mW, 5157000mN, excluding the area within the exterior boundary of the Yakama Indian 

Reservation.

March 10, 2005 Attainment.

* * * * * * * 

Federal Register / Vol. 70, No. 25 / Tuesday, February 8, 2005 / Rules and Regulations 6593

* * * * *

[FR Doc. 05–1995 Filed 2–7–05; 8:45 am] 

BILLING CODE 6560–50–P

FEDERAL COMMUNICATION 

COMMISSION 

47 CFR PART 0 

[DA 05–43] 

Freedom of Information Act

AGENCY: Federal Communications 

Commission.

ACTION: Final rule.

SUMMARY: The Federal Communications 

Commission is modifying a section of 

the Commission’s rules that implement 

the Freedom of Information Act (FOIA) 

Fee Schedule. This modification 

pertains to the charge for recovery of the 

full, allowable direct costs of searching 

for and reviewing records requested 

under the FOIA and the Commission’s 

rules, unless such fees are restricted or 

waived. The fees are being revised to 

correspond to modifications in the rate 

of pay approved by Congress.

DATES: Effective February 8, 2005.

FOR FURTHER INFORMATION CONTACT:

Shoko B. Hair, Freedom of Information 

Act Officer, Office of Performance 

Evaluation and Records Management, 

Room 1–A827, Federal Communications 

Commission, 445 12th Street, SW., 

Washington, DC 20554, (202) 418–1379 

or via Internet at shoko.hair@fcc.gov.

SUPPLEMENTARY INFORMATION: The 

Federal Communications Commission is 

modifying § 0.467(a) of the 

Commission’s rules. This rule pertains 

to the charges for searching and 

reviewing records requested under the 

FOIA. The FOIA requires federal 

agencies to establish a schedule of fees 

for the processing of requests for agency 

records in accordance with fee 

guidelines issued by the Office of 

Management and Budget (OMB). In 

1987, OMB issued its Uniform Freedom 

of Information Act Fee Schedule and 

Guidelines. However, because the FOIA 

requires that each agency’s fees be based 

upon its direct costs of providing FOIA 

services, OMB did not provide a 

unitary, government-wide schedule of 

fees. The Commission based its FOIA 

Fee Schedule on the grade level of the 

employee who processes the request. 

Thus, the Fee Schedule was computed 

at a Step 5 of each grade level based on 

the General Schedule effective January 

1987 (including 20 percent for 

personnel benefits). The Commission’s 

rules provide that the Fee Schedule will 

be modified periodically to correspond 

with modifications in the rate of pay 

approved by Congress. See 47 CFR 

0.467(a)(1) note. 

In an Order adopted on January 14, 

2005 and released on January 24, 2005 

(DA 05–43), the Managing Director 

revised the schedule of fees set forth in 

47 CFR 0.467 for the recovery of the full, 

allowable direct costs of searching for 

and reviewing agency records requested 

pursuant to the FOIA and the 

Commission’s rules, 47 CFR 0.460, 

0.461. The revisions correspond to 

modifications in the rate of pay, which 

was approved by Congress. 

These modifications to the Fee 

Schedule do not require notice and 

comment because they merely update 

the Fee Schedule to correspond to 

modifications in rates of pay, as 

required under the current rules. The 

Commission will not send a copy of this 

Order pursuant to the Congressional 

Review Act, see 5 U.S.C. 801(a)(1)(A), 

because the rules are a matter of agency 

organization, procedure, or practice that 

do not substantially affect the rights or 

obligations of non-agency parties. 

Accordingly, pursuant to the 

authority contained in § 0.231(b) of the 

Commission’s rules, 47 CFR 0.231 (b), it 

is hereby ordered, that, effective on 

February 8, 2005, the Fee Schedule 

contained in § 0.467 of the 

Commission’s rules, 47 CFR 0.467, is 

amended, as described herein.

List of Subjects in 47 CFR Part 0 

Freedom of information.

Federal Communications Commission. 

Andrew S. Fishel, 

Managing Director.

Rule Changes

■ For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR part 0 as 

follows:

PART 0—COMMISSION 

ORGANIZATION

■ 1. The authority citation for part 0 

continues to read as follows:

Authority: 47 U.S.C. 155, unless otherwise 

noted.

■ 2. Section 0.467 is amended by 

revising the last sentence of paragraph 

(a)(1), the table in paragraph (a)(1) and its 

note, and paragraph (a)(2) to read as 

follows:

§ 0.467 Search and review fees. 

(a)(1) * * * The fee is based on the 

grade level of the employee(s) who 

conduct(s) the search or review, as 

specified in the following schedule:

Grade Hourly fee 

GS–1 ............................. 12.10 

GS–2 ............................. 13.18 

GS–3 ............................. 14.84 

GS–4 ............................. 16.67 

GS–5 ............................. 18.65 

GS–6 ............................. 20.78 

GS–7 ............................. 23.10 

GS–8 ............................. 25.58 

GS–9 ............................. 28.26 

GS–10 ........................... 31.12 

GS–11 ........................... 34.19 

GS–12 ........................... 40.98 

GS–13 ........................... 48.73 

GS–14 ........................... 57.59 

GS–15 ........................... 67.74 

Note: These fees will be modified 

periodically to correspond with 

modifications in the rate of pay approved by 

Congress.

(2) The fees in paragraph (a) (1) of this 

section were computed at Step 5 of each 

grade level based on the General 

Schedule effective January 2005 and 

include 20 percent for personnel 

benefits.

* * * * *

[FR Doc. 05–2426 Filed 2–7–05; 8:45 am] 

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 76

[MB Docket No. 05–28; DA 05–169] 

Inquiry Regarding the Impact of 

Certain Rules on Competition in the 

Multichannel Video Programming 

Distribution Market

AGENCY: Federal Communications 

Commission.

ACTION: Review of rules and statutory 

provisions; solicitation of comments. 

SUMMARY: This document solicits public 

comment on the impact of certain 

provisions of the Communications Act 

of 1934, as amended, and Commission 

rules on competition in the 

multichannel video programming 

distribution market. The Commission is 

required by legislative mandate to 

submit a report to Congress based on the 

results of this inquiry no later than 

September 8, 2005.

DATES: Comments may be filed on or 

before March 1, 2005, and reply 

comments may be filed on or before 

March 16, 2005.

ADDRESSES: Federal Communications 

Commission, 445 12th Street, SW., 

Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT:

Marcia Glauberman, Media Bureau,