Federal Register / Vol. 70, No. 21 / Wednesday, February 2, 2005 / Rules and Regulations 5377

SCHEDULE OF FEES FOR CONSULAR SERVICES—Continued

Item No. Fee 

[64-Shipping Misc] .......................................................................................................................................................... Consular Time (Item 

75) Plus Expenses. 

(Items nos. 62 through 70 vacant) 

Administrative Services

71. Non-emergency telephone calls [70-Toll Call Cost] [71-Toll Cost Surcharge] ............................................................... Long Distance Charge 

Plus $10. 

72. Setting up and maintaining a trust account: For one year or less to transfer funds to or for the benefit of a U.S. citizen in need in a foreign country [72–OCS Trust].30. 

73. Transportation charges incurred in the performance of fee and no-fee services when appropriate and necessary 

[73-Transportation].

Expenses Incurred. 

74. Return check processing fee [74-Return Check] ............................................................................................................ 25. 

75. Consular time charges: As required by this schedule and for fee services performed away from the office or during 

after-duty hours (per hour or part thereof/per consular employee) [75-Consular Time].

265. 

76. Photocopies (per page) [76-Photocopy] .......................................................................................................................... 1. 

(Items nos. 77 through 80 vacant) 

Dated: January 14, 2005. 

Grant S. Green, 

Under Secretary for Management, 

Department of State.

[FR Doc. 05–1930 Filed 2–1–05; 8:45 am] 

BILLING CODE 4710–06–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[R07–OAR–2004–MO–0005; FRL–7867–2] 

Approval and Promulgation of 

Implementation Plans; State of 

Missouri

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of Missouri. This 

approval pertains to revisions to the 

State’s rule which add vapor line 

requirements necessary to achieve Stage 

I vapor recovery for air quality benefits. 

The effect of this approval is to ensure 

Federal enforceability of the State air 

program rules and to maintain 

consistency between the State-adopted 

rules and the approved SIP.

DATES: This direct final rule will be 

effective April 4, 2005, without further 

notice, unless EPA receives adverse 

comment by March 4, 2005. If adverse 

comment is received, EPA will publish 

a timely withdrawal of the direct final 

rule in the Federal Register informing 

the public that the rule will not take 

effect.

ADDRESSES: Submit your comments, 

identified by Regional Material in 

EDocket (RME) ID Number R07–OAR–

2004–MO–0005, by one of the following 

methods: 

1. Federal eRulemaking Portal:

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

on-line instructions for submitting 

comments. 

2. Agency Web site: http://

docket.epa.gov/rmepub/. RME, EPA’s 

electronic public docket and comment 

system, is EPA’s preferred method for 

receiving comments. Once in the 

system, select ‘‘quick search;’’ then key 

in the appropriate RME Docket 

identification number. Follow the online instructions for submitting 

comments. 

3. E-mail: algoe-eakin.amy@epa.gov.

4. Mail: Amy Algoe-Eakin, 

Environmental Protection Agency, Air 

Planning and Development Branch, 901 

North 5th Street, Kansas City, Kansas 

66101. 

5. Hand Delivery or Courier. Deliver 

your comments to Amy Algoe-Eakin, 

Environmental Protection Agency, Air 

Planning and Development Branch, 901 

North 5th Street, Kansas City, Kansas 

66101. 

Instructions: Direct your comments to 

RME ID No. R07–OAR–2004–MO–0005. 

EPA’s policy is that all comments 

received 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 information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through RME, regulations.gov, 

or e-mail. The EPA RME Web site and 

the Federal regulations.gov Web site are 

‘‘anonymous access’’ systems, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through RME or 

regulations.gov, your e-mail address 

will be automatically captured and 

included as part of the comment that is 

placed in the public docket and made 

available on the Internet. If you submit 

an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. 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. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the 

electronic docket are listed in the RME 

index at http://docket.epa.gov/rmepub/.

Although listed in the index, some 

information is not publicly available, 

i.e., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically in RME or 

in hard copy at the Environmental 

Protection Agency, Air Planning and 

Development Branch, 901 North 5th 

Street, Kansas City, Kansas 66101. The 

Regional Office’s official hours of 

business are Monday through Friday, 8 

to 4:30, excluding Federal holidays. The 

interested persons wanting to examine 

these documents should make an 

appointment with the office at least 24 

hours in advance.

5378 Federal Register / Vol. 70, No. 21 / Wednesday, February 2, 2005 / Rules and Regulations 

FOR FURTHER INFORMATION CONTACT:

Amy Algoe-Eakin at (913) 551–7942, or 

by e-mail at algoe-eakin.amy@epa.gov.

SUPPLEMENTARY INFORMATION:

Throughout this document whenever 

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

EPA. This section provides additional 

information by addressing the following 

questions:

What is a SIP? 

What is the Federal approval process for a 

SIP? 

What does Federal approval of a state 

regulation mean to me? 

What is being addressed in this document? 

Have the requirements for approval of a 

SIP revision been met? 

What action is EPA taking?

What Is a SIP? 

Section 110 of the Clean Air Act 

(CAA) requires states to develop air 

pollution regulations and control 

strategies to ensure that state air quality 

meets the national ambient air quality 

standards established by EPA. These 

ambient standards are established under 

section 109 of the CAA, and they 

currently address six criteria pollutants. 

These pollutants are: carbon monoxide, 

nitrogen dioxide, ozone, lead, 

particulate matter, and sulfur dioxide. 

Each state must submit these 

regulations and control strategies to us 

for approval and incorporation into the 

Federally-enforceable SIP. 

Each Federally-approved SIP protects 

air quality primarily by addressing air 

pollution at its point of origin. These 

SIPs can be extensive, containing state 

regulations or other enforceable 

documents and supporting information 

such as emission inventories, 

monitoring networks, and modeling 

demonstrations. 

What Is the Federal Approval Process 

for a SIP? 

In order for state regulations to be 

incorporated into the Federallyenforceable SIP, states must formally 

adopt the regulations and control 

strategies consistent with state and 

Federal requirements. This process 

generally includes a public notice, 

public hearing, public comment period, 

and a formal adoption by a stateauthorized rulemaking body. 

Once a state rule, regulation, or 

control strategy is adopted, the state 

submits it to us for inclusion into the 

SIP. We must provide public notice and 

seek additional public comment 

regarding the proposed Federal action 

on the state submission. If adverse 

comments are received, they must be 

addressed prior to any final Federal 

action by us. 

All state regulations and supporting 

information approved by EPA under 

section 110 of the CAA are incorporated 

into the Federally-approved SIP. 

Records of such SIP actions are 

maintained in the Code of Federal 

Regulations (CFR) at title 40, part 52, 

entitled ‘‘Approval and Promulgation of 

Implementation Plans.’’ The actual state 

regulations which are approved are not 

reproduced in their entirety in the CFR 

outright but are ‘‘incorporated by 

reference,’’ which means that we have 

approved a given state regulation with 

a specific effective date. 

What Does Federal Approval of a State 

Regulation Mean to Me? 

Enforcement of the state regulation 

before and after it is incorporated into 

the Federally-approved SIP is primarily 

a state responsibility. However, after the 

regulation is Federally approved, we are 

authorized to take enforcement action 

against violators. Citizens are also 

offered legal recourse to address 

violations as described in section 304 of 

the CAA. 

What Is Being Addressed in This 

Document? 

On May 11, 2004, we received a 

request from the Missouri Department of 

Natural Resources to approve as an 

amendment to the Missouri SIP 

revisions to rule 10 CSR 10–2.260, 

Control of Petroleum Liquid Storage, 

Loading, and Transfer. This rule applies 

to Clay, Jackson, and Platte counties in 

the State of Missouri. 

This SIP revision restricts volatile 

organic compound emissions from the 

handling of petroleum liquids, which 

contribute to the formation of ozone. By 

adding vapor line requirements, this 

revision will require owners or 

operators of gasoline delivery vessels to 

employ one vapor line per product line 

when transferring gasoline to a storage 

tank of a capacity greater than 2000 

gallons. The intent of adding necessary 

vapor line requirements is to ensure the 

recovery of greater than ninety percent 

of gasoline vapors generated during a 

gasoline transfer, thus protecting the 

environment and health of the Kansas 

City area.

In addition to clarifying the vapor line 

requirements, this SIP revision corrects 

the definition of Stage I vapor recovery 

to include the transferring of gasoline 

from a loading installation to a delivery 

vessel or truck; provides flexibility to 

applicable sources to obtain approval of 

alternative test methods for specific 

cases at the discretion of the staff 

director; and restructures the rule for 

administrative consistency with other 

Missouri rules. 

With regard to the rule change 

allowing staff director approval for 

alternative test methods, a supplement 

to the submittal states that Missouri 

advocates strict adherence to Federal 

test methods. If a request were received 

by MDNR, the State would seek EPA 

approval of the alternative test methods. 

Under a similar rule in St. Louis, the 

State has never received a request for an 

alternative test method. 

Acceptance criteria for an alternative 

test method would include justification 

that an alternative test method was 

equal to or more stringent than the 

specified test method. In addition, 

sources subject to this rule would also 

likely be subject to Federal New Source 

Performance Standards or standards for 

Hazardous Air Pollutants. Under the 

Missouri rules incorporating the Federal 

standards, alternative test methods must 

be at least as stringent as those in the 

Federal standard and would be subject 

to the approval process, including EPA 

approval, established for the Federal 

standards. 

Have the Requirements for Approval of 

a SIP Revision Been Met? 

The State submittal has met the 

public notice requirements for SIP 

submissions in accordance with 40 CFR 

51.102. The submittal also satisfied the 

completeness criteria of 40 CFR part 51, 

appendix V. In addition, as explained 

above and in more detail in the 

technical support document which is 

part of this document, the revision 

meets the substantive SIP requirements 

of the CAA, including section 110 and 

implementing regulations. 

What Action Is EPA Taking? 

We are approving as an amendment to 

the Missouri SIP state rule 10 CSR 10–

2.260, which became effective on April 

30, 2004. 

We are processing this action as a 

direct final action because the revisions 

make routine changes to the existing 

rules which are noncontroversial. 

Therefore, we do not anticipate any 

adverse comments. Please note that if 

EPA receives adverse comment on part 

of this rule and if that part can be 

severed from the remainder of the rule, 

EPA may adopt as final those parts of 

the rule that are not the subject of an 

adverse comment.

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,

Federal Register / Vol. 70, No. 21 / Wednesday, February 2, 2005 / Rules and Regulations 5379

‘‘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 

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 

CAA. 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 CAA. 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 CAA. 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 April 4, 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 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds.

Dated: January 18, 2005. 

James B. Gulliford, 

Regional Administrator, Region 7.

■ Chapter I, title 40 of the Code of 

Federal Regulations is 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 AA—Missouri

■ 2. In § 52.1320(c) the table for chapter 

2 is amended by revising the entry for 

10–2.260 to read as follows:

§ 52.1320 Identification of plan.

* * * * *

(c) * * *

EPA-APPROVED MISSOURI REGULATIONS

Missouri citation Title State effective 

date EPA approval date Explanation 

Missouri Department of Natural Resources

Chapter 2—Air Quality Standards and Air Pollution Control Regulations for the Kansas City Metropolitan Area 

* * * * * * * 

10–2.260 ................... Control of Petroleum Liquid Storage, Loading, 

and Transfer..

04/30/04 02/02/05 [insert FR 

page number where 

the document begins].

* * * * * * * 

5380 Federal Register / Vol. 70, No. 21 / Wednesday, February 2, 2005 / Rules and Regulations 

* * * * *

[FR Doc. 05–1993 Filed 2–1–05; 8:45 am] 

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 05–147, MB Docket No. 00–163, RM–

9934] 

Digital Television Broadcast Service; 

Thief River Falls, MN

AGENCY: Federal Communications 

Commission.

ACTION: Final rule.

SUMMARY: The Commission, at the 

request of Red River Broadcast 

Company, LLC, substitutes DTV channel 

32 for DTV channel 57. See 65 FR 

54832, September 11, 2000. DTV 

channel 32 can be allotted to Thief River 

Falls, Minnesota, in compliance with 

the principle community coverage 

requirements of Section 73.625(a) at 

reference coordinates 48–01–19 N. and 

96–22–12 W. with a power of 1000, 

HAAT of 183 meters and with a DTV 

service population of 142 thousand. 

Since the community Thief River Falls 

is located within 400 kilometers of the 

U.S.-Canadian border, concurrence from 

the Canadian government was obtained 

for this allotment. With this action, this 

proceeding is terminated.

DATES: Effective March 14, 2005.

FOR FURTHER INFORMATION CONTACT: Pam 

Blumenthal, Media Bureau, (202) 418–

1600.

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Report 

and Order, MB Docket No. 00–163, 

adopted January 21, 2005, and released 

January 28, 2005. The full text of this 

document is available for public 

inspection and copying during regular 

business hours in the FCC Reference 

Information Center, Portals II, 445 12th 

Street, SW., Room CY–A257, 

Washington, DC. This document may 

also be purchased from the 

Commission’s duplicating contractor, 

Best Copy and Printing, Inc., 445 12th 

Street, SW., Room CY–B402, 

Washington, DC 20554, telephone (301) 

816–2820, facsimile (301) 816–0169, or 

via e-mail joshir@erols.com.

This document does not contain [new 

or modified] information collection 

requirements subject to the Paperwork 

Reduction Act of 1995 (PRA), Pub. L. 

104–13. In addition, therefore, it does 

not contain any new or modified 

‘‘information collection burden for 

small business concerns with fewer than 

25 employees,’’ pursuant to the Small 

Business Paperwork Relief Act of 2002, 

Pub. L. 107–198, see 44 U.S.C. 

3506(c)(4). 

The Commission will send a copy of 

this Report & Order in a report to be sent 

to Congress and the Government 

Accountability Office pursuant to the 

Congressional Review Act, see 5 U.S.C. 

801(a)(1)(A).

List of Subjects in 47 CFR Part 73 

Digital television broadcasting, 

Television.

■ Part 73 of Title 47 of the Code of 

Federal Regulations is amended as 

follows:

PART 73—[AMENDED]

■ 1. The authority citation for part 73 

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334 and 336.

§ 73.622 [Amended]

■ 2. Section 73.622(b), the Table of 

Digital Television Allotments under 

Minnesota, is amended by removing 

DTV channel 57 and adding DTV 

channel 32 at Thief River Falls.

Federal Communications Commission. 

Barbara A. Kreisman, 

Chief, Video Division, Media Bureau.

[FR Doc. 05–1936 Filed 2–1–05; 8:45 am] 

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 05–125, MB Docket No. 04–185, RM–

10860] 

Digital Television Broadcast Service; 

Appleton, WI

AGENCY: Federal Communications 

Commission.

ACTION: Final rule.

SUMMARY: The Commission, at the 

request of Ace TV, Inc., substitutes DTV 

channel 27c for DTV channel 59 at 

Appleton. See 69 FR 30855, June 1, 

2004. DTV channel 27c can be allotted 

to Appleton, Wisconsin, in compliance 

with the principle community coverage 

requirements of Section 73.625(a) at 

reference coordinates 44–21–30 N. and 

87–58–48 W. with a power of 50, HAAT 

of 336 meters and with a DTV service 

population of 835 thousand. Since the 

community Appleton is located within 

400 kilometers of the U.S.-Canadian 

border, concurrence from the Canadian 

government was obtained for this 

allotment. With this action, this 

proceeding is terminated.

DATES: Effective March 14, 2005.

FOR FURTHER INFORMATION CONTACT: Pam 

Blumenthal, Media Bureau, (202) 418–

1600.

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Report 

and Order, MB Docket No. 04–185, 

adopted January 14, 2005, and released 

January 28, 2005. The full text of this 

document is available for public 

inspection and copying during regular 

business hours in the FCC Reference 

Information Center, Portals II, 445 12th 

Street, SW., Room CY–A257, 

Washington, DC. This document may 

also be purchased from the 

Commission’s duplicating contractor, 

Best Copy and Printing, Inc., 445 12th 

Street, SW., Room CY–B402, 

Washington, DC 20554, telephone (301) 

816–2820, facsimile (301) 816–0169, or 

via e-mail joshir@erols.com.

This document does not contain [new 

or modified] information collection 

requirements subject to the Paperwork 

Reduction Act of 1995 (PRA), Public 

Law 104–13. In addition, therefore, it 

does not contain any new or modified 

‘‘information collection burden for 

small business concerns with fewer than 

25 employees,’’ pursuant to the Small 

Business Paperwork Relief Act of 2002, 

Public Law 107–198, see 44 U.S.C. 

3506(c)(4). 

The Commission will send a copy of 

this Report & Order in a report to be sent 

to Congress and the Government 

Accountability Office pursuant to the 

Congressional Review Act, see 5 U.S.C. 

801(a)(1)(A).

List of Subjects in 47 CFR Part 73 

Digital television broadcasting, 

Television.

■ Part 73 of title 47 of the Code of Federal 

Regulations is amended as follows:

PART 73—[AMENDED]

■ 1. The authority citation for part 73 

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334 and 336.

§ 73.622 [Amended]

■ 2. Section 73.622(b), the Table of 

Digital Television Allotments under 

Wisconsin, is amended by removing 

DTV channel 59 and adding DTV 

channel 27c at Appleton.

Federal Communications Commission. 

Barbara A. Kreisman, 

Chief, Video Division, Media Bureau.

[FR Doc. 05–1935 Filed 2–1–05; 8:45 am] 

BILLING CODE 6712–01–P