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###### Environmental Protection Agency

          - 40 CFR Part 81 
          - [OAR-2005-0150b; FRL-7995-2] 

# AGENCY:

Environmental Protection Agency (EPA). 

# ACTION:

Proposed rule. 

# SUMMARY:

EPA is proposing to correct the boundary of the Phoenix metropolitan 1-hour ozone nonattainment area to exclude the Gila River Indian Reservation. EPA is proposing this action under the authority of section 110(k)(6) of the Clean Air Act and in light of the Federal trust responsibility to the Tribes. This action is intended to facilitate and support the Gila River Indian Community's efforts to develop, adopt and implement a comprehensive Tribal Implementation Plan by removing unnecessary obligations that flow from the erroneous inclusion of a portion of the Reservation in the Phoenix metropolitan 1-hour ozone nonattainment area. 

# DATES:

Any comments on this proposal must arrive by December 12, 2005. 

# ADDRESSES:

Submit comments, identified by docket number R09-OAR-2005-150, 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                               ( print page 68391)                            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, Office of Air Planning, U.S. Environmental Protection Agency, Region 9, (520) 622-1622, e-mail:                         *tax.wienke@epa.gov.*

# SUPPLEMENTARY INFORMATION:

                    This proposal addresses the correction of the boundary of the Phoenix metropolitan 1-hour ozone nonattainment area under section 110(k)(6) of the Clean Air Act to exclude the Gila River Indian Reservation. In the Rules and Regulations section of this                     **Federal Register**                    , we are taking direct final action to correct the boundary 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 all the reasons explained in the parallel direct final notice, we propose to correct the boundary of the Phoenix metropolitan 1-hour ozone nonattainment area to exclude the Gila River Indian Reservation. For further information on this proposal and the rationale underlying our proposed action, please see the direct final action.                 

Dated: November 3, 2005. 

Stephen L. Johnson, 

Administrator. 

[FR Doc. 05-22372 Filed 11-9-05; 8:45 am] 

BILLING CODE 6560-50-P