71794 Federal Register / Vol. 70, No. 229 / Wednesday, November 30, 2005 / Proposed Rules 

this program. Accordingly, the FHWA 

solicits comments on this issue. 

Paperwork Reduction Act 

Under the Paperwork Reduction Act 

of 1995 (PRA) (44 U.S.C. 3501, et. seq.), 

Federal agencies must obtain approval 

from the Office of Management and 

Budget (OMB) for each collection of 

information they conduct, sponsor, or 

require through regulations. The FHWA 

has determined that this proposal does 

not contain collection of information 

requirements for the purposes of the 

PRA. 

National Environmental Policy Act 

The agency has analyzed this 

proposed action for the purpose of the 

National Environmental Policy Act of 

1969 (42 U.S.C. 4321) and has 

determined that this proposed action 

would not have any effect on the quality 

of the environment. 

Executive Order 12630 (Taking of 

Private Property) 

The FHWA has analyzed this 

proposed rule under Executive Order 

12630, Governmental Actions and 

Interface with Constitutionally 

Protected Property Rights. The FHWA 

does not anticipate that this proposed 

action would affect a taking of private 

property or otherwise have taking 

implications under Executive Order 

12630. 

Executive Order 12988 (Civil Justice 

Reform) 

This action meets applicable 

standards in sections 3(a) and 3(b)(2) of 

Executive Order 12988, Civil Justice 

Reform, to minimize litigation, 

eliminate ambiguity, and reduce 

burden. 

Executive Order 13045 (Protection of 

Children) 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. The FHWA 

certifies that this proposed action would 

not cause an environmental risk to 

health or safety that might 

disproportionately affect children. 

Executive Order 13175 (Tribal 

Consultation) 

The FHWA has analyzed this action 

under Executive Order 13175, dated 

November 6, 2000, and believes that the 

proposed action would not have 

substantial direct effects on one or more 

Indian tribes; would not impose 

substantial direct compliance costs on 

Indian tribal governments; and would 

not preempt tribal laws. The proposed 

rulemaking addresses obligation of 

Federal funds to States for Federal-aid 

highway projects and would not impose 

any direct compliance requirements on 

Indian tribal governments. Therefore, a 

tribal summary impact statement is not 

required. 

Executive Order 13211 (Energy Effects) 

We have analyzed this action under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use dated May 18, 2001. 

We have determined that it is not a 

significant energy action under that 

order since it is not a significant 

regulatory action under Executive Order 

12866 and is not likely to have a 

significant adverse effect on the supply, 

distribution, or use of energy. Therefore, 

a Statement of Energy Effects is not 

required. 

Regulation Identification Number 

A regulation identification number 

(RIN) is assigned to each regulatory 

action listed in the Unified Agenda of 

Federal Regulations. The Regulatory 

Information Service Center publishes 

the Unified Agenda in April and 

October of each year. The RIN contained 

in the heading of this document can be 

used to cross reference this action with 

the Unified Agenda. 

List of Subjects in 23 CFR Part 625 

Design standards, Grant programs—

transportation, highways and roads, 

Incorporation by reference. 

Issued on: November 21, 2005. 

J. Richard Capka, 

Acting Federal Highway Administrator. 

In consideration of the foregoing, the 

FHWA proposes to amend title 23, Code 

of Federal Regulations, part 625, as set 

forth below: 

PART 625—DESIGN STANDARDS FOR 

HIGHWAYS 

1. The authority citation for part 625 

continues to read as follows: 

Authority: 23 U.S.C. 109, 315, and 402; 

Sec. 1073 of Pub. L. 102–240, 105 Stat. 1914, 

2012; 49 CFR 1.48(b) and (n). 

2. In § 625.4, revise paragraph (a)(2) to 

read as follows: 

§ 625.4 Standards, policies, and standard 

specifications. 

* * * * * 

(a) * * *

(2) A Policy on Design Standards 

Interstate System, AASHTO, January 

2005. [See § 625.4(d)(1)] 

* * * * * 

[FR Doc. 05–23476 Filed 11–29–05; 8:45 am] 

BILLING CODE 4910–22–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[R09–OAR–2005–CA–0010; FRL–8002–5] 

Approval and Promulgation of 

Implementation Plans and Designation 

of Areas for Air Quality Planning 

Purposes; California; Carbon 

Monoxide Maintenance Plan Update for 

Ten Planning Areas; Motor Vehicle 

Emissions Budgets; Technical 

Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a State Implementation Plan revision, 

submitted by the California Air 

Resources Board on November 8, 2004, 

that includes the 2004 Revision to the 

California State Implementation Plan 

for Carbon Monoxide, Updated 

Maintenance Plan for Ten Federal 

Planning Areas. This revision will 

provide a ten-year update to the carbon 

monoxide maintenance plan, as well as 

replace existing and establish new 

carbon monoxide motor vehicle 

emissions budgets for the purposes of 

determining transportation conformity, 

for the following ten areas: Bakersfield 

Metropolitan Area, Chico Urbanized 

Area, Fresno Urbanized Area, Lake 

Tahoe North Shore Area, Lake Tahoe 

South Shore Area, Modesto Urbanized 

Area, Sacramento Urbanized Area, San 

Diego Area, San Francisco-Oakland-San 

Jose Area, and Stockton Urbanized Area. 

In connection with the motor vehicle 

emissions budgets, we are proposing to 

deny a request by the California Air 

Resources Board for EPA to limit the 

duration of our approval of the budgets. 

Lastly, EPA is proposing to correct 

certain errors made in our 1998 final 

rule approving California’s 

redesignation request for these ten 

planning areas. 

DATES: Comments on this proposal must 

be received by December 30, 2005. 

ADDRESSES: Submit comments, 

identified by docket number R09–OAR–

2005–CA–0010, by one of the following 

methods: 

1. Agency Web site: 

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

Federal Register / Vol. 70, No. 229 / Wednesday, November 30, 2005 / Proposed Rules 71795 

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: tiktinsky.toby@epa.gov. 

4. Mail or deliver: Toby Tiktinsky 

(Air-2), U.S. Environmental Protection 

Agency Region IX, 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 identity 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: 

Toby Tiktinsky, EPA Region IX, (415) 

947–4223, tiktinsky.toby@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

Rules and Regulations section of this 

Federal Register, we are approving the 

State Implementation Plan revision, 

submitted by the California Air 

Resources Board on November 8, 2004, 

that includes the 2004 Revision to the 

California State Implementation Plan 

for Carbon Monoxide, Updated 

Maintenance Plan for Ten Federal 

Planning Areas. 

In addition, EPA is notifying the 

public that we have found that the 

carbon monoxide motor vehicle 

emissions budgets contained in the 

submitted maintenance plan are 

adequate for transportation conformity 

purposes. Related to the motor vehicle 

emissions budgets, however, we are 

denying a request by ARB for EPA to 

limit the duration of our approval of the 

budgets. Our denial of ARB’s request, 

however, does not affect our approval of 

the plan itself or the budgets contained 

therein. Lastly, we are also correcting, 

pursuant to section 110(k)(6) of the Act, 

certain errors that we made in our 1998 

final rule approving California’s 

redesignation request for these ten 

planning areas. 

We are taking these actions without 

prior proposal because we believe that 

the revision and request are 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 adverse 

comments, no further activity is 

planned. For further information, please 

see the direct final action. 

Dated: November 15, 2005. 

Jane Diamond, 

Acting Regional Administrator, Region IX. 

[FR Doc. 05–23503 Filed 11–29–05; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

Endangered and Threatened Wildlife 

and Plants: 90-Day Finding on a 

Petition To Delist the Astragalus 

magdalenae var. peirsonii (Peirson’s 

milk-vetch) 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of 90-day petition 

finding and initiation of status review. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce our 

90-day finding on a petition to delist 

Astragalus magdalenae var. peirsonii 

(Peirson’s milk-vetch) as a threatened 

species pursuant to the Endangered 

Species Act (Act) of 1973, as amended 

(16 U.S.C. 1531 et seq.). We find that the 

petition presents substantial scientific 

or commercial information indicating 

that delisting Astragalus magdalenae 

var. peirsonii may be warranted. 

Therefore, we are initiating a status 

review of Astragalus magdalenae var. 

peirsonii to determine if delisting the 

species is warranted. To ensure that the 

review is comprehensive, we are 

soliciting scientific and commercial 

information regarding this species. 

DATES: The finding announced in this 

document was made on November 30, 

2005. To be considered in the 12-month 

finding for this petition, comments and 

information must be submitted to the 

Service by January 30, 2006. 

ADDRESSES: Submit new information, 

materials, comments, or questions 

concerning this species to Field 

Supervisor, Carlsbad Fish and Wildlife 

Office, U.S. Fish and Wildlife Service, 

6010 Hidden Valley Road, Carlsbad, 

California 92011; by facsimile to 760/ 

431–9618; or by electronic mail to 

‘‘FW1PMV@fws.gov’’. Please submit 

electronic comments in ASCII file 

format and avoid the use of special 

characters or any form of encryption. 

Please also include ‘‘Attn: 90-Day 

Finding on Peirson’s Milk-Vetch 

Delisting Petition’’ in your e-mail 

subject header and your name and 

return address in the body of your 

message. If you do not receive a 

confirmation from the system that we 

have received your Internet message, 

contact us directly by calling our 

Carlsbad Fish and Wildlife Office at 

phone number 760–431–9440. Please 

note that the e-mail address 

‘‘FW1PMV@fws.gov’’ will be closed out 

at the termination of the public 

comment period. See also the ‘‘Public 

Information Solicited’’’ section for more 

information on submitting comments. 

The complete file for this finding is 

available for public inspection, by 

appointment, during normal business 

hours at the above address. 

FOR FURTHER INFORMATION CONTACT: Jim 

Bartel, Carlsbad Fish and Wildlife Office 

(see ADDRESSES), telephone 760–431–

9440; facsimile 760–431–9618. 

SUPPLEMENTARY INFORMATION: 

Public Information Solicited 

When we make a finding that 

substantial information is presented to 

indicate that a delisting action may be 

warranted, we are required to promptly 

commence a review of the status of the 

species. Based on results of the status 

review, we will make a 12-month 

finding as required by section 4(b)(3)(B) 

of the Act. To ensure that the status 

review is complete and based on the 

best available scientific and commercial 

data, we are soliciting information on