        ENVIRONMENTAL PROTECTION AGENCY
        40 CFR Part 55
        [FRL-7130-9]
        Outer Continental Shelf Air Regulations Consistency Update for California

          AGENCY:
          Environmental Protection Agency (“EPA”).

          ACTION:
          Proposed rule—consistency update.

          SUMMARY:
          EPA is proposing to update a portion of the Outer Continental Shelf (“OCS”) Air Regulations. Requirements applying to OCS sources located within 25 miles of states' seaward boundaries must be updated periodically to remain consistent with the requirements of the corresponding onshore area (“COA”), as mandated by section 328(a)(1) of the Clean Air Act, as amended in 1990 (“the Act”). The portion of the OCS air regulations that is being updated pertains to the requirements for OCS sources for which the Santa Barbara County Air Pollution Control District (Santa Barbara County APCD), South Coast Air Quality Management District (South Coast AQMD) and Ventura County Air Pollution Control District (Ventura County APCD) are the designated COAs. The intended effect of approving the OCS requirements for the above Districts is to regulate emissions for OCS sources in accordance with the requirements onshore. The changes to the existing requirements discussed below are proposed to be incorporated by reference into the Code of Federal Regulations and are listed in the appendix to the OCS air regulations.

          DATES:
          Comments on the proposed update must be received on or before February 21, 2002.

          ADDRESSES:
          Comments must be mailed (in duplicate if possible) to: EPA Air Docket (Air-4), Attn: Docket No. A-93-16 Section XXIV, Environmental Protection Agency, Air Division, Region 9, 75 Hawthorne St., San Francisco, CA 94105.

            Docket: Supporting information used in developing the rule and copies of the documents EPA is proposing to incorporate by reference are contained in Docket No. A-93-16 Section XXIV. This docket is available for public inspection and copying Monday-Friday during regular business hours at the following locations:
          EPA Air Docket (Air-4), Attn: Docket No. A-93-16 Section XXIV, Environmental Protection Agency, Air Division, Region 9, 75 Hawthorne St., San Francisco, CA 94105.
          EPA Air Docket (LE-131), Attn: Air Docket No. A-93-16 Section XXIV, Environmental Protection agency, Air Docket (6102), Ariel Rios Building, 1200 Pennsylvania Avenue, NW., Washington DC 20460.
          A reasonable fee may be charged for copying.

          FOR FURTHER INFORMATION CONTACT:
          Christine Vineyard, Air Division (Air-4), U.S. EPA Region 9, 75 Hawthorne Street, San Francisco, CA 94105, (415) 947-4125.
          I. Background information
          A. Why is EPA taking this action?
          On September 4, 1992, EPA promulgated 40 CFR part 55,1
             which established requirements to control air pollution from OCS sources in order to attain and maintain federal and state ambient air quality standards and to comply with the provisions of part C of title I of the Act. Part 55 applies to all OCS sources offshore of the States except those located in the Gulf of Mexico west of 87.5 degrees longitude. Section 328 of the Act requires that for such sources located within 25 miles of a state's seaward boundary, the requirements shall be the same as would be applicable if the sources were located in the COA. Because the OCS requirements are based on onshore requirements, and onshore requirements may change, section 328(a)(1) requires that EPA update the OCS requirements as necessary to maintain consistency with onshore requirements.

              1 The reader may refer to the Notice of Proposed Rulemaking, December 5, 1991 (56 FR 63774), and the preamble to the final rule promulgated September 4, 1992 (57 FR 40792) for further background and information on the OCS regulations.

          Pursuant to § 55.12 of the OCS rule, consistency reviews will occur (1) at least annually; (2) upon receipt of a Notice of Intent under § 55.4; or (3) when a state or local agency submits a rule to EPA to be considered for incorporation by reference in part 55. This proposed action is being taken in response to the submittal of rules by three local air pollution control agencies. Public comments received in writing within 30 days of publication of this document will be considered by EPA before publishing a final rule.
          Section 328(a) of the Act requires that EPA establish requirements to control air pollution from OCS sources located within 25 miles of states' seaward boundaries that are the same as onshore requirements. To comply with this statutory mandate, EPA must incorporate applicable onshore rules into part 55 as they exist onshore. This limits EPA's flexibility in deciding which requirements will be incorporated into part 55 and prevents EPA from making substantive changes to the requirements it incorporates. As a result, EPA may be incorporating rules into part 55 that do not conform to all of EPA's state implementation plan (SIP) guidance or certain requirements of the Act. Consistency updates may result in the inclusion of state or local rules or regulations into part 55, even though the same rules may ultimately be disapproved for inclusion as part of the SIP. Inclusion in the OCS rule does not imply that a rule meets the requirements of the Act for SIP approval, nor does it imply that the rule will be approved by EPA for inclusion in the SIP.
          II. EPA's Evaluation
          A. What criteria were used to evaluate rules submitted to update 40 CFR part 55?
          In updating 40 CFR part 55, EPA reviewed the rules submitted for inclusion in part 55 to ensure that they are rationally related to the attainment or maintenance of federal or state ambient air quality standards or part C of title I of the Act, that they are not designed expressly to prevent exploration and development of the OCS and that they are applicable to OCS sources. 40 CFR 55.1. EPA has also evaluated the rules to ensure they are not arbitrary or capricious. 40 CFR 55.12(e). In addition, EPA has excluded administrative or procedural rules,2
             and requirements that regulate toxics which are not related to the attainment and maintenance of federal and state ambient air quality standards.

              2 Each COA which has been delegated the authority to implement and enforce part 55, will use its administrative and procedural rules as onshore. However, in those instances where EPA has not delegated authority to implement and enforce part 55, EPA will use its own administrative and procedural requirements to implement the substantive requirements. 40 CFR 55.14(c)(4).

          B. What rule revisions were submitted to update 40 CFR part 55?
          1. After review of the rule submitted by the Santa Barbara County APCD against the criteria set forth above and in 40 CFR part 55, EPA is proposing to make the following rule revision applicable to sources for which the Santa Barbara County APCD is designated as the COA:

              Rule #
              Rule Name
              Adoption Date

              325
              Crude Oil Production and Separations
              7/19/01

            2. After review of the rules submitted by South Coast AQMD against the criteria set forth above and in 40 CFR part 55, EPA is proposing to make the following rule revisions applicable to OCS sources for which the South Coast AQMD is designated as the COA (Note: No requirements that are not related to the attainment and maintenance of federal and state ambient air quality standards will be incorporated to regulate toxics):

              Rule #
              Rule Names
              Adoption Date

              301
              Permitting and Associated Fees (except (e)(7)) and Table IV
              5/11/01

              304
              Equipment, Materials, and Ambient Air Analyses
              5/11/01

              304.1
              Analyses Fee
              5/11/01

              306
              Plan Fees
              5/11/01

              309
              Fees for Regulation XVI
              5/11/01

              1125
              Metal Container, Closure, and Coil Coating Operations
              1/13/95

              1303
              Requirements
              4/20/01

              2000
              General
              5/11/01

              2002
              Allocations for Oxides of Nitrogen (Nox) and Oxides of Sulfur (Sox)
              5/11/01

              2004
              Requirements (except 1)
              5/11/01

              2005
              New Source Review for RECLAIM (except i)
              4/20/01

              2006
              Permits
              5/11/01

              2007
              Trading Requirements
              5/11/01

              2010
              Administrative Remedies and Sanctions
              5/11/01

              2011
              Requirements for Monitoring, Reporting, and Recordkeeping for Oxides of Sulfur (Sox)
              5/11/01

              2012
              Requirements for Monitoring, Reporting, and Recordkeeping for Oxides of Nitrogen (Nox) Emissions
              5/11/01

              2015
              Backstop Provisions (b)(1)(G) and (b)(3)(B)
              5/11/01

              Reg. IX
              Standards of Performance for New Stationary Sources (NSPS)
              5/11/01

              Reg. X
              National Emission Standards for Hazardous Air Pollutants (NESHAPS)
              5/11/01

            The following new rule was submitted:

              Rule #
              Rule Name
              Adoption Date

              2020
              RECLAIM Reserve
              5/11/01

            The following rule was submitted but will not be incorporated because it is an administrative or procedural rule:

              Rule #
              Rule Name
              Adoption Date

              1309.1
              Priority Reserve
              4/20/01

            The following rules have been rescinded by the District and will be removed from South Coast AQMD requirements applicable to apply to OCS sources:

              Rule #
              Rule Name
              Rescinded Date

              704
              Episode Declaration
              9/08/95

              707
              Radio-Communication System
              9/08/95

              708.1
              Stationary Sources Required To File Plans
              9/08/95

              708.2
              Content of Stationary Source Curtailment Plans
              9/08/95

              708.4
              Procedural Requirements for Plans
              9/08/95

              709
              First-Stage Episode Actions
              9/08/95

              710
              Second-Stage Episode Actions
              9/08/95

              711
              Third-Stage Episode Actions
              9/08/95

              712
              Sulfate Episode Actions
              9/08/95

              715
              Burning of Fossil Fuel on Episode Days
              9/08/95

            3. After review of the rule submitted by Ventura County APCD against the criteria set forth above and in 40 CFR part 55, EPA is proposing to make the following rule revisions applicable to OCS sources for which the Ventura County APCD is designated as the COA:

              Rule #
              Rule Name
              Adoption Date

              33.1
              Part 70 Permits—Definitions
              4/10/01

              33.2
              Part 70 Permits—Application Contents
              4/01/01

              33.3
              Part 70 Permits—Permit Content
              4/01/01

              33.4
              Part 70 Permits—Operational Flexibility
              4/01/01

              33.7
              Part 70 Permits—Notification
              4/01/01

              33.9
              Part 70 Permits—Compliance Provisions
              4/01/01

              42
              Permit Fees
              4/01/01

              72
              New Source Performance Standards (NSPS)
              4/01/01

              73
              National Emission Standards for Hazardous Air Pollutants (NESHAPS)
              4/01/01

              74.23
              Stationary Gas Turbines
              6/12/01

          III. Administrative Requirements
          A. Executive Order 12866
          The Office of Management and Budget (OMB) has exempted this regulatory action from Executive Order 12866, Regulatory Planning and Review.
          B. Executive Order 13045
          Executive Order 13045, entitled Protection of Children from Environmental Health Risks and Safety Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) Is determined to be “economically significant” as defined under Executive Order 12866, and (2) concerns an environmental health or safety risk that EPA has reason to believe may have a disproportionate effect on children. If the regulatory action meets both criteria, the Agency must evaluate the environmental health or safety effects of the planned rule on children, and explain why the planned regulation is preferable to other potentially effective and reasonably feasible alternatives considered by the Agency.
          This rule is not subject to Executive Order 13045 because it does not involve decisions intended to mitigate environmental health or safety risks.
          C. Executive Order 13175

          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.”
          This proposed rule does not have tribal implications. It will not have substantial direct effects on tribal governments, 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 in Executive Order 13175. Thus, Executive Order 13175 does not apply to this rule. In the spirit of Executive Order 13175, and consistent with EPA policy to promote communications between EPA and tribal governments, EPA specifically solicits additional comment on this proposed rule from tribal officials.
          D. Executive Order 13132
          Executive Order 13132, entitled Federalism (64 FR 43255, August 10, 1999) revokes and replaces Executive Orders 12612, Federalism and 12875, Enhancing the Intergovernmental Partnership. Executive Order 13132 requires EPA to develop an accountable process to ensure  “meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications.” “Policies that have federalism implications” is defined in the Executive Order  to include regulations that 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.” Under Executive Order 13132, EPA may not issue a regulation that has federalism 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 State and local  governments, or EPA consults with State and local officials early in the process of developing the proposed regulation. EPA also may not issue a regulation that has federalism implications and that preempts State law  unless the Agency consults with State and local officials early in the process of developing the proposed regulation.
          This proposed rule will 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, because it merely acts on 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. Thus, the requirements of section 6 of the Executive Order  do not apply to this proposed rule.
          E. Regulatory Flexibility Act, as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et seq.
          The Regulatory Flexibility Act (RFA) generally requires an agency to prepare a regulatory flexibility analysis for any rule that will have a significant economic impact on a substantial number  of small entities. The RFA applies only to rules subject to notice and comment rulemaking requirements unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Small entities include small businesses, small not-for-profit enterprises, and small governmental jurisdictions.
          This proposed rule will not have a significant impact on a substantial number of small entities because consistency updates do not create any new requirements but simply act on requirements that the State is already imposing. Therefore, because the consistency update approval does not create any new requirements, I certify that this action will not have a significant  economic impact on a substantial number of small entities.
          F. Unfunded Mandates
          Under section 202 of the Unfunded Mandates Reform Act of 1995 (“Unfunded Mandates Act” ), signed into law on March 22, 1995, EPA must prepare a budgetary impact statement to accompany any proposed or final rule that includes a Federal mandate that may result in estimated costs to State, local, or tribal governments in the aggregate; or to private sector, of $100 million or  more. Under section 205, EPA must select the most cost-effective and least burdensome alternative that achieves the objectives  of the rule and is consistent with statutory requirements. Section 203 requires EPA to establish a plan for informing and advising any small governments that may be significantly or uniquely impacted by the rule.
          EPA has determined that the proposed action does not include a Federal mandate that may  result in estimated costs of $100 million or more to either State, local, or tribal governments in the aggregate, or to the private sector. This proposed Federal action acts on pre-existing requirements under State or local law, and imposes no new requirements. Accordingly, no additional costs  to State, local, or tribal governments, or to the private sector, result from this action.
          G. National Technology Transfer and Advancement Act
          Section 12 of the National Technology Transfer and Advancement Act (NTTAA) of 1995 requires Federal agencies to evaluate existing technical standards when developing a new regulation. To comply with NTTAA, EPA must consider and use “voluntary consensus standards” (VCS) if available and applicable when developing programs and policies unless doing so would be inconsistent with applicable law or otherwise impractical.
          EPA believes that VCS are inapplicable to today's proposed action because it does not require the public to perform activities conducive to the use of VCS.
          H. Executive Order 13211 (Energy Effects)
          This rule is not subject to Executive Order 13211, “Action Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use”  (66 FR 28355 (May 22, 2001)) because it is not a significant action under Executive Order 12866.

            List of Subjects in 40 CFR Part 55
            Environmental protection, Administrative practice and procedures, Air pollution control, Continental shelf, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides.

            Dated: November 6, 2001.
            Wayne Nastri,
            Regional Administrator, Region IX.

          Title 40 of the Code of Federal Regulations, part 55, is proposed to be amended as follows:

            PART 55—[AMENDED]
            1. The authority citation for part 55 continues to read as follows:

              Authority:
              Section 328 of the Clean Air Act (42 U.S.C. 7401 et seq.) as amended by Public Law 101-549.
              2. Section 55.14 is proposed to be amended by revising paragraphs (e) (3)(ii) (F), (G) and (H) to read as follows:

              § 55.14
              Requirements that apply to OCS sources located within 25 miles of states seaward boundaries, by state.

              (e) * * *
              (3) * * *
              (ii) * * *
              (F) Santa Barbara County Air Pollution Control District Requirements Applicable to OCS Sources.

              (G) South Coast Air Quality Management District Requirements Applicable to OCS Sources.

              (H) Ventura County Air Pollution Control District Requirements Applicable to OCS Sources.

              Appendix to Part 55—[Amended]
              3. Appendix A to CFR part 55 is proposed to be amended by revising paragraph (b)(6), (7) and (8) under the heading “California” to read as follows:

                Appendix A to 40 CFR Part 55—Listing of State and Local Requirements Incorporated by Reference Into Part 55, by State.

                California

                (b) Local requirements.

                (6) The following requirements are contained in Santa Barbara County Air Pollution Control District Requirements Applicable to OCS Sources:

                Rule 102 Definitions (Adopted 5/20/99)
                Rule 103 Severability (Adopted 10/23/78)
                Rule 106 Notice to Comply for Minor Violations (Adopted 7/15/99)
                Rule 201 Permits Required (Adopted 4/17/97)
                Rule 202 Exemptions to Rule 201 (Adopted 4/17/97)
                Rule 203 Transfer (Adopted 4/17/97)
                Rule 204 Applications (Adopted 4/17/97)
                Rule 205 Standards for Granting Applications (Adopted 4/17/97)
                Rule 206 Conditional Approval of Authority to Construct or Permit to Operate (Adopted 10/15/91)
                Rule 207 Denial of Application (Adopted 10/23/78)
                Rule 210 Fees (Adopted 4/17/97)
                Rule 212 Emission Statements (Adopted 10/20/92)
                Rule 301 Circumvention (Adopted 10/23/78)
                Rule 302 Visible Emissions (Adopted 10/23/78)
                Rule 304 Particulate Matter-Northern Zone (Adopted 10/23/78)
                Rule 305 Particulate Matter Concentration-Southern Zone (Adopted 10/23/78)
                Rule 306 Dust and Fumes-Northern Zone (Adopted 10/23/78)
                Rule 307 Particulate Matter Emission Weight Rate-Southern Zone (Adopted 10/23/78)
                Rule 308 Incinerator Burning (Adopted 10/23/78)
                Rule 309 Specific Contaminants (Adopted 10/23/78)
                Rule 310 Odorous Organic Sulfides (Adopted 10/23/78)
                Rule 311 Sulfur Content of Fuels (Adopted 10/23/78)
                Rule 312 Open Fires (Adopted 10/2/90)
                Rule 316 Storage and Transfer of Gasoline (Adopted 4/17/97)
                Rule 317 Organic Solvents (Adopted 10/23/78)
                Rule 318 Vacuum Producing Devices or Systems-Southern Zone (Adopted 10/23/78)
                Rule 321 Solvent Cleaning Operations (Adopted 9/18/97)
                Rule 322 Metal Surface Coating Thinner and Reducer (Adopted 10/23/78)
                Rule 323 Architectural Coatings (Adopted 7/18/96)
                Rule 324 Disposal and Evaporation of Solvents (Adopted 10/23/78)
                Rule 325 Crude Oil Production and Separation (Adopted 7/19/01)
                Rule 326 Storage of Reactive Organic Liquid Compounds (Adopted1/18/01)
                Rule 327 Organic Liquid Cargo Tank Vessel Loading (Adopted 12/16/85)
                Rule 328 Continuous Emission Monitoring (Adopted 10/23/78)
                Rule 330 Surface Coating of Miscellaneous Metal Parts and Products (Adopted 1/20/00)
                Rule 331 Fugitive Emissions Inspection and Maintenance (Adopted 12/10/91)
                Rule 332 Petroleum Refinery Vacuum Producing Systems, Wastewater Separators and Process Turnarounds (Adopted 6/11/79)
                Rule 333 Control of Emissions from Reciprocating Internal Combustion Engines (Adopted 4/17/97)
                Rule 342 Control of Oxides of Nitrogen (NOX from Boilers, Steam Generators and Process Heaters) (Adopted 4/17/97)
                Rule 343 Petroleum Storage Tank Degassing (Adopted 12/14/93)
                Rule 344 Petroleum Sumps, Pits, and Well Cellars (Adopted 11/10/94)
                Rule 346 Loading of Organic Liquid Cargo Vessels (Adopted 01/18/01)
                Rule 352 Natural Gas-Fired Fan-Type Central Furnaces and Residential Water Heaters (Adopted 9/16/99)
                Rule 353 Adhesives and Sealants (Adopted 8/19/99)
                Rule 359 Flares and Thermal Oxidizers (6/18/94)
                Rule 370 Potential to Emit—Limitations for Part 70 Sources (Adopted 6/15/95)
                Rule 505 Breakdown Conditions Sections A., B.1, and D only (Adopted 10/23/78)
                Rule 603 Emergency Episode Plans (Adopted 6/15/81)
                Rule 702 General Conformity (Adopted 10/20/94)
                Rule 801 New Source Review (Adopted 4/17/97)
                Rule 802 Nonattainment Review (Adopted 4/17/97)
                Rule 803 Prevention of Significant Deterioration (Adopted 4/17/97)
                Rule 804 Emission Offsets (Adopted 4/17/97)
                Rule 805 Air Quality Impact Analysis and Modeling (Adopted 4/17/97)
                Rule 808 New Source Review for Major Sources of Hazardous Air Pollutants (Adopted 5/20/99)
                Rule 1301 Part 70 Operating Permits—General Information (Adopted 4/17/97)
                Rule 1302 Part 70 Operating Permits—Permit Application (Adopted 11/09/93)
                Rule 1303 Part 70 Operating Permits—Permits (Adopted 11/09/93)
                Rule 1304 Part 70 Operating Permits—Issuance, Renewal, Modification and Reopening (Adopted 11/01/93)
                Rule 1305 Part 70 Operating Permits—Enforcement (Adopted 11/09/93)

                (7) The following requirements are contained in South Coast Air Quality Management District Requirements Applicable to OCS Sources (Parts I, II and III):

                Rule 102 Definition of Terms (Adopted 4/9/99)
                Rule 103 Definition of Geographaical Areas (Adopted 1/9/76)
                Rule 104 Reporting of source Test Data and Analyses (Adopted 1/9/76)
                Rule 108 Alternative Emission Control Plans (Adopted 4/6/90)
                Rule 109 Recordkeeping for Volatile Organic Compound Emissions (Adopted 8/18/00)
                Rule 112 Definition of Minor Violation and Guidelines for Issuance of Notice of Comply (Adopted 11/13/98)
                Rule 118 Emergencies (Adopted 12/7/95)
                Rule 201 Permit to Construct (Adopted 1/5/90)
                Rule 201.1 Permit Conditions in Federally Issued Permits to Construct (Adopted 1/5/90)
                Rule 202 Temporary Permit to Operate (Adopted 5/7/76)
                Rule 203 Permit to Operate (Adopted 1/5/90)
                Rule 204 Permit Conditions (Adopted 3/6/92)
                Rule 205 Expiration of Permits to Construct (Adopted 1/5/90)
                Rule 206 Posting of Permit to Operate (Adopted 1/5/90)
                Rule 207 Altering or Falsifying of Permit (Adopted 1/9/76)
                Rule 208 Permit for Open Burning (Adopted 1/5/90)
                Rule 209 Transfer and Voiding of Permits (Adopted 1/5/90)
                Rule 210 Applications and Regulation II—List and Criteria Identifying Information required of Applicants Seeking a Permit to Construct from the SCAQMD (Adopted 4/10/98)
                Rule 212 Standard for Approving Permits (Adopted 12/7/95) except (c)(3) and (e)
                Rule 214 Denial of Permits (Adopted 1/5/90)
                Rule 217 Provisions for Sampling and Testing Facilities (Adopted 1/5/90)
                Rule 218 Continuous Emission Monitoring (Adopted 5/14/99)

                Rule 218.1 Continuous Emission Monitoring Performance Specifications (Adopted 5/14/99)

                Rule 218.1 Attachment A—Supplemental and Alternative CEMS Performance Requirements (Adopted 5/14/99)
                Rule 219 Equipment Not Requiring a Written Permit Pursuant to Regulation II (Adopted 11/17/00)
                Rule 220 Exemption—Net Increase in Emissions (Adoopted 8/7/81)
                Rule 221 Plans (Adopted 1/4/85)
                Rule 301 Permit Fees (Adopted 5/11/01) except (e)(7) and Table IV
                Rule 304 Equipment, Materials, and Ambient Air Analyses (Adopted 5/11/01)
                Rule 304.1 Analyses Fees (Adopted 5/11/01)
                Rule 305 Fees for Acid Deposition (Adopted 10/4/91)
                Rule 306 Plan Fees (Adopted 5/11/01)
                Rule 309 Fees for Regulation XVI Plans (Adopted 5/11/01)
                Rule 401 Visible Emissions (Adopted 9/11/98)
                Rule 403 Fugitive Dust (Adopted 12/11/98)
                Rule 404 Particulate Matter—Concentration (Adopted 2/7/86)
                Rule 405 Solid Particulate Matter—Weight (Adopted 2/7/86)
                Rule 407 Liquid and Gaseous Air Contaminants (Adopted 4/2/82)
                Rule 408 Circumvention (Adopted 5/7/76)
                Rule 409 Combustion Contaminants (Adopted 8/7/81)
                Rule 429 Start-Up and Shutdown Provisions for Oxides of Nitrogen (Adopted 12/21/90)
                Rule 430 Breakdown Provisions, (a) and (e) only (Adopted 7/12/96)
                Rule 431.1 Sulfur Content of Gaseous Fuels (Adopted 6/12/98)
                Rule 431.2 Sulfur Content of Liquid Fuels (Adopted 9/15/00)
                Rule 431.3 Sulfur Content of Fossil Fuels (Adopted 5/7/76)
                Rule 441 Research Operations (Adopted 5/7/76)
                Rule 442 Usage of Solvents (Adopted 12/15/00)
                Rule 444 Open Fires (Adopted 10/2/87)
                Rule 463 Organic Liquid Storage (Adopted 3/11/94)
                Rule 465 Vacuum Producing Devices or Systems (Adopted 8/13/99)
                Rule 468 Sulfur Recovery Units (Adopted 10/8/76)
                Rule 473 Disposal of Solid and Liquid Wastes (Adopted 5/7/76)
                Rule 474 Fuel Burning Equipment-Oxides of Nitrogen (Adopted 12/4/81)
                Rule 475 Electric Power Generating Equipment (Adopted 8/7/78)
                Rule 476 Steam Generating Equipment (Adopted 10/8/76)
                Rule 480 Natural Gas Fired Control Devices (Adopted 10/7/77) Addendum to Regulation IV (Effective 1977)
                Rule 518 Variance Procedures for Title V Facilities (Adopted 8/11/95)
                Rule 518.1 Permit Appeal Procedures for Title V Facilities (Adopted 8/11/95)
                Rule 518.2 Federal Alternative Operating Conditions (Adopted 1/12/96)
                Rule 701 Air Pollution Emergency Contingency Actions (Adopted 6/13/97)
                Rule 702 Definitions (Adopted 7/11/80)
                Rule 708 Plans (Adopted 7/9/82)
                Regulation IX New Source Performance Standards (Adopted 5/11/01)
                Reg. X National Emissions Standards for Hazardous Air Pollutants (NESHAPS) (Adopted 5/11/01)
                Rule 1106 Marine Coatings Operations (Adopted 1/13/95)
                Rule 1107 Coating of Metal Parts and Products (Adopted 11/17/00)
                Rule 1109 Emissions of Oxides of Nitrogen for Boilers and Process Heaters in Petroleum Refineries (Adopted 8/5/88)
                Rule 1110 Emissions from Stationary Internal Combustion Engines (Demonstration) (Adopted 11/14/97)
                Rule 1110.1 Emissions from Stationary Internal Combustion Engines (Adopted 10/4/85)
                Rule 1110.2 Emissions from Gaseous and Liquid Fueled Internal Combustion Engines (Adopted 11/14/97)
                Rule 1113 Architectural Coatings (Adopted 5/14/99)
                Rule 1116.1 Lightering Vessel Operations-Sulfur Content of Bunker Fuel (Adopted 10/20/78)
                Rule 1121 Control of Nitrogen Oxides from Residential-Type Natural Gas-Fired Water Heaters (Adopted 12/10/99)
                Rule 1122 Solvent Degreasers (Adopted 7/11/97)
                Rule 1123 Refinery Process Turnarounds (Adopted 12/7/90)
                Rule 1125 Metal Containers, Closure, and Coil Coating Operations (Adopted 1/13/95)
                Rule 1132 Further Control of VOC Emissions from High-Emitting Spray Booth Facilities (Adopted 1/19/01)
                Rule 1134 Emissions of Oxides of Nitrogen from Stationary Gas Tubines (Adopted 8/8/97)
                Rule 1136 Wood Products Coatings (Adopted 6/14/96)
                Rule 1140 Abrasive Blasting (Adopted 8/2/85)
                Rule 1142 Marine Tank Vessel Operations (Adopted 7/19/91)
                Rule 1146 Emissions of Oxides of Nitrogen from Industrial, Institutional, and Commercial Boilers, Steam Generators, and Process Heaters (Adopted 11/17/00)
                Rule 1146.1 Emission of Oxides of Nitrogen from Small Industrial, Institutional, and Commercial Boilers, steam Generators, and Process Heaters (Adopted 5/13/94)
                Rule 1146.2 Emissions of Oxides of Nitrogen from Large Water Heaters and Small Boilers  (Adopted 1/9/98)
                Rule 1148 Thermally Enhanced Oil Recovery Wells (Adopted 11/5/82)
                Rule 1149 Storage Tank Degassing (Adopted 7/14/95)
                Rule 1168 Adhesive and Sealant Applications (Adopted 9/15/00)
                Rule 1171 Solvent Cleaning Operations (Adopted 10/8/99)
                Rule 1173 Fugtive Emissions of Volatile Organic Compounds (Adopted 5/13/94)
                Rule 1176 VOC Emissions from Wastewater Systems (Adopted 9/13/96)
                Rule 1301 General (Adopted 12/7/95)
                Rule 1302 Definitions (Adopted 10/20/00)
                Rule 1303 Requirements (Adopted 4/20/01)
                Rule 1304 Exemptions (Adopted 6/14/96)
                Rule 1306 Emission Calculations (Adopted 10/20/00)
                Rule 1313 Permits to Operate (Adopted 12/7/95)
                Rule 1403 Asbestos Emissions from Demolition/Renovation Activities (Adopted 4/8/94)
                Rule 1605 Credits for the Voluntary Repair of On-Road Vehicles Identified Through Remote  Sensing Devices (Adopted 10/11/96)
                Rule 1610 Old-Vehicle Scrapping (Adopted 2/12/99)
                Rule 1612 Credits for Clean On-Road Vehicles (Adopted 7/10/98)
                Rule 1612.1 Mobile Source Credit Generation Pilot Program (Adopted 3/16/01)
                Rule 1620 Credits for Clean Off-Road Mobile Equipment (Adopted 7/10/98)
                Rule 1701 General (Adopted 8/13/99)
                Rule 1702 Definitions (Adopted 8/13/99)
                Rule 1703 PSD Analysis (Adopted 10/7/88)
                Rule 1704 Exemptions (Adopted 8/13/99)
                Rule 1706 Emission Calculations (Adopted 8/13/99)
                Rule 1713 Source Obligation (Adopted 10/7/88)
                Regulation XVII Appendix (effective 1977)
                Rule 1901 General Conformity (Adopted 9/9/94)
                Rule 2000 General (Adopted 5/11/01)
                Rule 2001 Applicability (Adopted 2/14/97)
                Rule 2002 Allocations for Oxides of Nitrogen (NOx) and Oxides of Sulfur (SOx) Emissions (Adopted 5/11/01)
                Rule 2004 Requirements (Adopted 5/11/01) except (l)
                Rule 2005 New Source Review for RECLAIM (Adopted 4/20/01) except (i)
                Rule 2006 Permits (Adopted 5/11/01)
                Rule 2007 Trading Requirements (Adopted 5/11/01)
                Rule 2008 Mobile Source Credits (Adopted 10/15/93)
                Rule 2010 Administrative Remedies and Sanctions (Adopted 5/11/01)
                Rule 2011 Requirements for Monitoring, Reporting, and Recordkeeping for Oxides of Sulfur (SOx) Emissions (Adopted 5/11/01)
                Appendix A Volume IV—(Protocol for oxides of sulfur) (Adopted 3/10/95)

                Rule 2012 Requirements for Monitoring, Reporting, and Recordkeeping for Oxides of Nitrogen (NOX Emissions (Adopted 5/11/01)
                Appendix A Volume V—(Protocol for oxides of nitrogen) (Adopted 3/10/95)
                Rule 2015 Backstop Provisions (Adopted 5/11/11) except (b)(1)(G) and (b)(3)(B)
                Rule 2020 RECLAIM Reserve (Adopted 5/11/01)
                Rule 2100 Registration of Portable Equipment (Adopted 7/11/97)
                Rule 2506 Area Source Credits for NOX and SOX (Adopted 12/10/99)
                XXX Title V Permits
                Rule 3000 General (Adopted 11/14/97)
                Rule 3001 Applicability (Adopted 11/14/97)
                Rule 3002 Requirements (Adopted 11/14/97)
                Rule 3003 Applications (Adopted 3/16/01)
                Rule 3004 Permit Types and Content (Adopted 12/12/97)
                Rule 3005 Permit Revisions (Adopted 3/16/01)

                Rule 3006 Public Participation (Adopted 11/14/97)

                Rule 3007 Effect of Permit (Adopted 10/8/93)
                Rule 3008 Potential To Emit Limitations (3/16/01)
                XXXI Acid Rain Permit Program (Adopted 2/10/95)

                (8) The following requirements are contained in Ventura County Air Pollution Control District Requirements Applicable to OCS Sources:

                Rule 2 Definitions (Adopted 11/10/98)
                Rule 5 Effective Date (Adopted 5/23/72)
                Rule 6 Severability (Adopted 11/21/78)
                Rule 7 Zone Boundaries (Adopted 6/14/77)
                Rule 10 Permits Required (Adopted 6/13/95)
                Rule 11 Definition for Regulation II (Adopted 6/13/95)
                Rule 12 Application for Permits (Adopted 6/13/95)
                Rule 13 Action on Applications for an Authority to Construct (Adopted 6/13/95)
                Rule 14 Action on Applications for a Permit to Operate (Adopted 6/13/95)
                Rule 15.1 Sampling and Testing Facilities (Adopted 10/12/93)
                Rule 16 BACT Certification (Adopted 6/13/95)
                Rule 19 Posting of Permits (Adopted 5/23/72)
                Rule 20 Transfer of Permit (Adopted 5/23/72)
                Rule 23 Exemptions from Permits (Adopted 7/9/96)
                Rule 24 Source Recordkeeping, Reporting, and Emission Statements (Adopted 9/15/92)
                Rule 26 New Source Review (Adopted 10/22/91)
                Rule 26.1 New Source Review—Definitions (Adopted 1/13/98)
                Rule 26.2 New Source Review—Requirements (Adopted 1/13/98)
                Rule 26.6 New Source Review—Calculations (Adopted 1/13/98)
                Rule 26.8 New Source Review—Permit To Operate (Adopted 10/22/91)
                Rule 26.10 New Source Review—PSD (Adopted 1/13/98)
                Rule 28 Revocation of Permits (Adopted 7/18/72)
                Rule 29 Conditions on Permits (Adopted 10/22/91)
                Rule 30 Permit Renewal (Adopted 5/30/89)
                Rule 32 Breakdown Conditions: Emergency Variances, A., B.1., and D. only. (Adopted 2/20/79)
                Rule 33 Part 70 Permits—General (Adopted 10/12/93)
                Rule 33.1 Part 70 Permits—Definitions (Adopted 4/10/01)
                Rule 33.2 Part 70 Permits—Application Contents (Adopted 4/10/01)
                Rule 33.3 Part 70 Permits—Permit Content (Adopted 4/10/01)
                Rule 33.4 Part 70 Permits—Operational Flexibility (Adopted 4/10/01)
                Rule 33.5 Part 70 Permits—Time frames for Applications, Review and Issuance (Adopted 10/12/93)
                Rule 33.6 Part 70 Permits—Permit Term and Permit Reissuance (Adopted 10/12/93)
                Rule 33.7 Part 70 Permits Notification (Adopted 4/10/01)
                Rule 33.8 Part 70 Permits—Reopening of Permits (Adopted 10/12/93)
                Rule 33.9 Part 70 Permits—Compliance Provisions (Adopted 4/10/01)
                Rule 33.10 Part 70 Permits—General Part 70 Permits (Adopted 10/12/93)
                Rule 34 Acid Deposition Control (Adopted 3/14/95)
                Rule 35 Elective Emission Limits (Adopted 11/12/96)
                Rule 36 New Source Review—Hazardous Air Pollutants (Adopted 10/6/98)
                Rule 42 Permit Fees (Adopted 04/10/01)
                Rule 44 Exemption Evaluation Fee (Adopted 9/10/96)
                Rule 45 Plan Fees (Adopted 6/19/90)
                Rule 47 Source Test, Emission Monitor, and Call-Back Fees (Adopted 6/22/99)
                Rule 45.2 Asbestos Removal Fees (Adopted 8/4/92)
                Rule 50 Opacity (Adopted 2/20/79)
                Rule 52 Particulate Matter-Concentration (Adopted 5/23/72)
                Rule 53 Particulate Matter-Process Weight (Adopted 7/18/72)
                Rule 54 Sulfur Compounds (Adopted 6/14/94)
                Rule 56 Open Fires (Adopted 3/29/94)
                Rule 57 Combustion Contaminants-Specific (Adopted 6/14/77)
                Rule 60 New Non-Mobile Equipment-Sulfur Dioxide, Nitrogen Oxides, and Particulate Matter (Adopted 7/8/72)
                Rule 62.7 Asbestos—Demolition and Renovation (Adopted 6/16/92)
                Rule 63 Separation and Combination of Emissions (Adopted 11/21/78)
                Rule 64 Sulfur Content of Fuels (Adopted 4/13/99)
                Rule 67 Vacuum Producing Devices (Adopted 7/5/83)
                Rule 68 Carbon Monoxide (Adopted 6/14/77)
                Rule 71 Crude Oil and Reactive Organic Compound Liquids (Adopted 12/13/94)
                Rule 71.1 Crude Oil Production and Separation (Adopted 6/16/92)
                Rule 71.2 Storage of Reactive Organic Compound Liquids (Adopted 9/26/89)
                Rule 71.3 Transfer of Reactive Organic Compound Liquids (Adopted 6/16/92)
                Rule 71.4 Petroleum Sumps, Pits, Ponds, and Well Cellars (Adopted 6/8/93)
                Rule 71.5 Glycol Dehydrators (Adopted 12/13/94)
                Rule 72 New Source Performance Standards (NSPS) (Adopted 4/10/01)
                Rule 73 National Emission Standards for Hazardous Air Pollutants (NESHAPS) (Adopted 04/10/01)
                Rule 74 Specific Source Standards (Adopted 7/6/76)
                Rule 74.1 Abrasive Blasting (Adopted 11/12/91)
                Rule 74.2 Architectural Coatings (Adopted 8/11/92)
                Rule 74.6 Surface Cleaning and Degreasing (Adopted 11/10/98)
                Rule 74.6.1 Cold Cleaning Operations (Adopted 7/9/96)
                Rule 74.6.2 Batch Loaded Vapor Degreasing Operations (Adopted 7/9/96)
                Rule 74.7 Fugitive Emissions of Reactive Organic Compounds at Petroleum Refineries and Chemical Plants (Adopted 10/10/95)
                Rule 74.8 Refinery Vacuum Producing Systems, Waste-water Separators and Process Turnarounds (Adopted 7/5/83)
                Rule 74.9 Stationary Internal Combustion Engines (Adopted 12/21/93)
                Rule 74.10 Components at Crude Oil Production Facilities and Natural Gas Production and Processing Facilities (Adopted 3/10/95)

                Rule 74.11 Natural Gas-Fired Residential Water Heaters-Control of NOX (Adopted 4/9/85)
                Rule 74.11.1 Large Water Heaters and Small Boilers (Adopted 9/14/99)
                Rule 74.12 Surface Coating of Metal Parts and Products (Adopted 9/10/96)
                Rule 74.15 Boilers, Steam Generators and Process Heaters (Adopted 11/8/94)
                Rule 74.15.1 Boilers, Steam Generators and Process Heaters (Adopted 6/13/00)
                Rule 74.16 Oil Field Drilling Operations (Adopted 1/8/91)
                Rule 74.20 Adhesives and Sealants (Adopted 1/14/97)
                Rule 74.23 Stationary Gas Turbines (Adopted 6/12/01)
                Rule 74.24 Marine Coating Operations (Adopted 9/10/96)
                Rule 74.24.1 Pleasure Craft Coating and Commercial Boatyard Operations (Adopted 11/10/98)
                Rule 74.26 Crude Oil Storage Tank Degassing Operations (Adopted 11/8/94)
                Rule 74.27 Gasoline and ROC Liquid Storage Tank Degassing Operations (Adopted 11/8/94)
                Rule 74.28 Asphalt Roofing Operations (Adopted 5/10/94)
                Rule 74.30 Wood Products Coatings (Adopted 9/10/96)
                Rule 75 Circumvention (Adopted 11/27/78)
                Rule 100 Analytical Methods (Adopted 7/18/72)
                Rule 101 Sampling and Testing Facilities (Adopted 5/23/72)
                Rule 102 Source Tests (Adopted 11/21/78)
                Rule 103 Continuous Monitoring Systems (Adopted 2/9/99)
                Rule 154 Stage 1 Episode Actions (Adopted 9/17/91)
                Rule 155 Stage 2 Episode Actions (Adopted 9/17/91)
                Rule 156 Stage 3 Episode Actions (Adopted 9/17/91)
                Rule 158 Source Abatement Plans (Adopted 9/17/91)
                Rule 159 Traffic Abatement Procedures (Adopted 9/17/91)
                Rule 220 General Conformity (Adopted 5/9/95)
                Rule 230 Notice to Comply (Adopted 11/9/99)

      [FR Doc. 02-1497  Filed 1-18-02; 8:45 am]
      BILLING CODE 6560-50-M


        DEPARTMENT OF TRANSPORTATION
        Federal Motor Carrier Safety Administration
        49 CFR Part 397
        [Docket No. FMCSA-02-11650 (HM-232A)]
        RIN 2137-AD70
        Security Requirements for Motor Carriers Transporting Hazardous Materials

          ACTION:
          Notice.

          SUMMARY:
          This notice advises the public that the Research and Special Programs Administration (RSPA) has assumed the lead role from the Federal Motor Carrier Safety Administration (FMCSA) for rulemaking addressing the security of motor carrier shipments of hazardous materials. On July 16, 2002, the two agencies published a joint advance notice of proposed rulemaking (ANPRM), requesting comments on technological and operational measures to enhance hazardous materials transportation security. Because the Homeland Security Act of 2002 provides RSPA with enhanced authority to regulate hazardous materials transportation security, RSPA will lead further rulemaking development on this subject.

          DATES:
          This notice is effective March 19, 2003.

          ADDRESSES:

          You can mail, fax, hand deliver or electronically submit written comments to the U.S. Department of Transportation, Dockets Management Facility, Room PL-401, 400 Seventh Street, SW., Washington, DC 20590-0001, FAX (202) 493-2251, on-line at http://dmses.dot.gov/submit. You must include in your comment the docket number that appears in the heading of this document. You can examine and copy all comments at the above address from 9 a.m. to 5 p.m., EDT, Monday through Friday, except Federal holidays. You can also view all comments or download an electronic copy of this document from the DOT Docket Management System (DMS) at http://dms.dot.gov/search.htm by typing the last five digits of the document number appearing at the heading of this document. The DMS is available 24 hours each day, 365 days each year. You can get electronic submission and retrieval help and guidelines at the “Help” section of the Web site. If you want us to notify you that we received your comments, please include a self-addressed, stamped envelope or postcard, or print the acknowledgement page that appears after submitting comments on-line.

          FOR FURTHER INFORMATION CONTACT:
          Susan Gorsky, Office of Hazardous Materials Standards, Research and Special Programs Administration, 202-366-8553.

        SUPPLEMENTARY INFORMATION:

        On July 16, 2002, FMCSA and RSPA published a joint ANPRM entitled “Security Requirements for Motor Carriers Transporting Hazardous Materials” (67 FR 46622). In the ANPRM, RSPA and FMCSA sought information on the feasibility of imposing specific security requirements on motor carriers that transport hazardous materials in commerce. The ANPRM noted that certain government agencies, including the Department of Defense, the Department of Energy, and the Nuclear Regulatory Commission, as well as some private companies, employ rigorous security measures to protect sensitive shipments and suggested that some of these security measures could also be appropriate for broader application to commercial motor carrier shipments of hazardous materials. In addition, the ANPRM described technological solutions for tracking shipments, communicating with drivers, or securing shipments within trailers that can protect shipments from hijacking or provide an early indication of a potential security problem. The ANPRM asked for comments on the feasibility of mandating technological or operational measures such as escorts, vehicle tracking and monitoring systems, emergency warning systems, remote shut-offs, direct short-range communications, and advance notification of shipments to state and local authorities. After an extension, the comment period for the ANPRM closed November 15, 2002. Comments received in response to the ANPRM are accessible through DOT's Dockets Management System under Docket No. FMCSA-01-11650 (HM-232A).

        RSPA's lead role in addressing hazardous materials transportation security was clarified with an amendment to the Federal hazardous materials transportation law (Federal hazmat law; 49 CFR 5101 et seq.) in the Homeland Security Act of 2002 (Pub. Law. 107-296). Under section 1711 of the Homeland Security Act, the Secretary of Transportation's authority to regulate hazardous materials, which is delegated to RSPA, was expanded to include hazardous materials transportation security. Section 1711 amended section 5103 of Federal hazmat law to require the Secretary to “prescribe regulations for the safe transportation, including security, of hazardous material in intrastate, interstate, and foreign commerce” and to provide that the regulations “shall govern safety aspects, including security, of the transportation of hazardous material the Secretary considers appropriate.” Accordingly, RSPA and FMCSA determined that RSPA should take the lead in future rulemaking to address the security of hazardous materials shipments transported by motor carriers. The Spring 2003 edition of the Semi-Annual Regulatory Agenda will reflect that RSPA has assumed leadership of this rulemaking project.
        Once RPSA develops its next regulatory action on this subject, it will establish its own docket number. RSPA plans to provide public access to that regulatory action, through a hyperlink connecting the current FMCSA docket number to the new RSPA docket number. Thus, parties searching for updated information on this rulemaking through the former docket number will be apprised of RSPA's rulemaking.

          Issued on: March 14, 2003.
          Pamela M. Pelcovits,
          Acting Associate Administrator, Policy, Plans, and Regulation.

      [FR Doc. 03-6628 Filed 3-18-03; 8:45 am]
      BILLING CODE 4910-EX-P


        DEPARTMENT OF THE INTERIOR
        Fish and Wildlife Service
        50 CFR Part 17

        Endangered and Threatened Wildlife and Plants; 90-day Finding for a Petition To List Cymopterus deserticola (Desert Cymopterus) as Endangered

          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 a 90-day finding for a petition to list Cymopterus deserticola (desert cymopterus) as endangered under the Endangered Species Act of 1973, as amended. We find that the petition does present substantial scientific or commercial information indicating that listing this species may be warranted. Therefore, with the publication of this notice, we are initiating a status review of the species, and will issue a 12-month finding to determine if the petitioned action is warranted. To help ensure the review is comprehensive, we are soliciting information and data regarding this species.

          DATES:
          The finding announced in this document was made on January 29, 2004. To be considered in the 12-month finding for this petition, comments and information must be submitted to us by April 12, 2004.

          ADDRESSES:
          Data, information, written comments and materials, or questions concerning this petition and finding must be submitted to the Field Supervisor, Ventura Fish and Wildlife Office, U.S. Fish and Wildlife Service, 2493 Portola Road, Suite B, Ventura, CA 93003. The petition finding and supporting information are available for public inspection, by appointment, during normal business hours at the above address.

          FOR FURTHER INFORMATION CONTACT:

          Field Supervisor, U.S. Fish and Wildlife Service, Ventura Fish and Wildlife Office, at the above ADDRESSES (telephone 805/644-1766; facsimile 805/644-3958).

        SUPPLEMENTARY INFORMATION:
        Background

        Section 4(b)(3)(A) of the Endangered Species Act of 1973, as amended (Act) (16 U.S.C. 1531 et seq.), requires that the Service make a finding on whether a petition to list, delist, or reclassify a species presents substantial scientific or commercial information indicating that the petitioned action may be warranted. We are to base this finding on all information available to us at the time we make the finding. To the maximum extent practicable, this finding is to be made within 90 days of the receipt of the petition, and the finding is to be published promptly in the Federal Register. Our standard for substantial information within the Code of Federal Regulations (CFR) with regard to a 90-day petition finding is “that amount of information that would lead a reasonable person to believe that the measure proposed in the petition may be warranted” (50 CFR 424.14(b)). If the finding is that substantial information was presented, we are required to promptly commence a review of the status of the species, if one has not already been initiated under our internal candidate assessment process.

          Cymopterus deserticola became a candidate for listing in 1975. In 1993, the Service elevated the status of C. deserticola from a “C2” candidate to a “C1” candidate. In 1995, C. deserticola was returned to the “C2” category, citing reduced threats due to the development of the West Mojave Plan (BLM 2003). In 1996, the Service discontinued the recognition of “C2” candidates and henceforth referred to former “C1” candidates as “candidates” (61 FR 7457).

        On April 15, 2002, the Service received a petition, dated March 29, 2002, from Ileene Anderson of the California Native Plant Society and Daniel Patterson of the Center for Biological Diversity, requesting that the Service list Cymopterus deserticola (desert cymopterus) in the western Mojave Desert, California, as endangered pursuant to the Act, and to concurrently designate critical habitat. The petition requested endangered status because the petitioners assert very few C. deserticola remain in the western Mojave Desert, this species has suffered declines in recent years, and habitat destruction is ongoing and impending.
        In response to the petitioners' requests to list Cymopterus deserticola, we sent a letter to the petitioners on June 12, 2002, explaining that we would not be able to address their petition until fiscal year 2003. The reason for this delay was that court orders and settlement agreements required nearly all of our listing funding for fiscal year 2002. At the end of fiscal year 2003, we were able to initiate work on the petition.
        Biology

          Cymopterus deserticola is a member of the carrot family (Apiaceae). C. deserticola varies from other members of the genus Cymopterus by having extremely dense, single-tiered umbels (flower stems radiating from a central point). Individual plants generally reach 6 inches (in) (15 centimeters (cm)) in height when in flower. The leaves are highly dissected (fernlike), grayish green and hairless, and are arranged in a basal rosette around the stem-root crown that is just below the soil surface.

          Cymopterus deserticola is unusual in having herbaceous aboveground leaves and inflorescences (flowering structure) that die back at the end of the growing season, leaving only the perennial taproot to overwinter. The leaves and inflorescences may only be visible in years when climatic conditions, including sufficient rainfall, are present. In some years, individuals may produce leaves but not inflorescences. In years when flowering does occur, the inflorescences emerge between March and May. When climatic conditions are unfavorable, including drought, the plant may persist solely as a dormant taproot. Although many perennial desert species survive periods of drought-induced dormancy, the lifespan of the perennial taproot of C. deserticola is unknown.
        In 1915, Thomas Brandegee first described Cymopterus deserticola from material collected near Kramer Junction, San Bernardino County, California. The historic distribution of C. deserticola ranges from Apple Valley, San Bernardino County, northward approximately 55 miles (mi) (89 kilometers (km)) to the Cuddeback Lake basin in San Bernardino County, and westward approximately 45 mi (73 km) to the Rogers and Buckhorn Lake basins on Edwards Air Force Base (EAFB) in Kern and Los Angeles Counties (Mitchell et al. 1995; California Department of Fish and Game (CDFG) 2003).

        The Apple Valley populations are known only from historic collections made in 1915, 1920, and 1941. Recent attempts to locate Cymopterus deserticola in areas of the historic Apple Valley collections have been unsuccessful, and it appears likely that these populations have been lost to urban development and off-highway vehicle (OHV) use (Moe 1988). The Apple Valley populations are also disjunct by at least 28 mi (45 km) from the nearest known extant populations.
        The extant range of the species includes the Rogers Dry Lake basin, the Harper Dry Lake basin, the Cuddeback Dry Lake basin, and the Superior Dry Lake basin. This extant range extends approximately 50 mi (80 km) from east to west and 35 mi (56 km) from north to south. However, the plant usually occurs in areas adjacent to these ephemeral (transitory) lakes.
        Survey information is more complete for some areas than others. In addition, survey results are not always comparable because of the variation in how individuals tallied populations or colonies (concentrations of individuals) across the landscape. Moreover, surveys only count the individuals visible above ground; consequently, survey numbers represent only a subset of the total number of individuals that may be present at that population.

        The greatest number of individuals are located within the Rogers Dry Lake basin on Edwards Air Force Base (EAFB), where approximately 14,093 plants were counted or estimated over 1,465 acres (ac) (593 hectares (ha)) throughout the base in 67 survey areas (Mitchell et al. 1995), including 8 previously documented populations from 1988 (Moe 1988; CDFG 2001) and 2 historic collections. Prior to extensive surveys conducted in 1995, Cymopterus deserticola had been reported from 29 populations on EAFB (Mitchell et al. 1995). The intensity of survey efforts for C. deserticola in 1995 and favorable weather contributed to the relocation of 19 of the previously known 29 populations, and the discovery of 57 new populations. Approximately 10,402 plants were counted in all the 19 populations in 1995, while fewer than 1,700 plants had previously been reported for these 19 populations. Within this watershed, there are 9 other populations outside of EAFB in the Peerless Valley where C. deserticola has been observed. Less than 200 plants have been cumulatively documented from these nine populations (Bureau of Land Management (BLM) 2001). In all, 76 C. deserticola populations were observed within this basin in 1995, with 14,362 plants counted.

        In 2003, EAFB undertook efforts to develop an initial habitat model for Cymopterus deserticola and two other plant species of concern, Calochortus striatus (Alkali mariposa lily) and Eriophyllum mohavense (Barstow wooly sunflower). Six new populations of C. deserticola were found on base and just to the north of the base during field verification of the habitat model (Wood 2003). Therefore, C. deserticola has occurred, or is known to occur, at 92 populations on EAFB.

        The Harper Dry Lake basin contains 6 populations, which together support at a maximum 200 Cymopterus deserticola plants (BLM 2001). The Cuddeback Dry Lake basin supports four populations of C. deserticola. In 2001, more than 40 plants were observed at these populations. At the Superior Dry Lake basin in 2001, Silverman and Cione discovered a range extension to the east. Forty plants in a single population were counted (BLM 2001).

          Cymopterus deserticola grows on loose sandy soils in Joshua tree woodland, saltbush scrub, and Mojavean desert scrub communities in the western Mojave Desert between 2,000 and 3,000 feet (610 and 915 meters) in elevation (Bagley 1998). The sandy soils that C. deserticola requires can be found in the following, alluvial fans and basins, stabilized sand fields, and occasionally sandy slopes of desert dry lake basins. This species typically grows in the cool, moist conditions of winter and early spring, and goes dormant as the warmer weather progresses in April and May (Bagley 1998).
        Conservation Status

        The petitioners provided substantial amounts of information relating to threats to Cymopterus deserticola. Information on the status and threats to the species in relation to the five factors in section 4 of the Act are summarized below:

        With respect to factor A, the petitioners assert that the Rogers Dry Lake basin, which contains the largest concentration of known extant species occurrences, is threatened by habitat alteration and destruction due to military activities on EAFB. One example is the cleanup of the groundwater contamination from the Air Force Research Laboratory Propulsion Directorate (EAFB 1998) that underlies one of the documented study sites for Cymopterus deserticola as stated in the 1995 Mitchell et al. report.

        The petitioners claim that utility construction has also adversely affected this species and its habitat in the southern portion of the Harper Dry Lake basin and the northern portion of Rogers Dry Lake in the BLM designated utility corridor and adjacent sites (Bagley 1998). Types of projects in utility corridors include construction of transmission lines and pipelines. An example is the Kern River Pipeline expansion project that potentially threatens six populations on private lands west of Kramer Junction between Highway 58 and EAFB. The realignment and widening of State Highway 58 also potentially poses a threat to the species and its habitat.

        Other factors the petitioners claim are adversely affecting Cymopterus deserticola and its habitat include OHV activity, oil and gas development, and the BLM's Land Tenure Adjustment program. The BLM has assessed the habitat at the Superior Valley site as being in “poor condition” due to adverse affects from OHV recreation (BLM 1998). Oil and gas development may have increased the potential for destroying habitat for this species in the Cuddeback Dry Lake basin and Rogers Dry Lake. One population of C. deserticola occurs on BLM lands available for Land Tenure Adjustment, potentially removing another population from public management and making it available for private development.
        With regard to factor B, the petitioners state no commercial or recreation overutilization for the species is known at this time, but that, because of its rarity, collection for scientific or educational purposes may be a threat to the species.

        With respect to factor C, the petitioners assert that grazing poses another threat to this species. Although the effects of livestock grazing on Cymopterus deserticola is not documented in the literature, sheep grazing has been documented to have directly affected two populations. Although according to Bagley (1998), grazing is not permitted on EAFB, one of these two populations is located on the base. Individuals at this site on EAFB were entirely eliminated as a result of grazing by trespass sheep in 1994. On two other sites that occur on BLM lands in Harper Dry Lake outside of the grazing allotment, trespass of sheep has been chronic (BLM 1998). In addition to direct predation (eating the plants), the ecological processes of the habitat are altered by livestock trampling, which may disrupt water holding capacities of the soil, promote soil erosion from wind, and change the plant taxa composition found within the community to non-native weedy species that outcompete native species.
        High levels of leaf predation on Cymopterus deserticola have been observed in two studies on EAFB in areas not grazed by livestock (Mitchell et al.1995; Charleton 1993). Predation is likely due to a variety of herbivores such as black-tailed jackrabbits (Lepus californicus), brush rabbits (Family Leporidae), ground squirrels (Family Sciuridae), kangaroo rats (Family Heteromyidae), mice (Families Cricetidae and Muridae), desert tortoise (Gopherus agassizii), caterpillars (Order Lepidoptera), and beetles (Order Coleoptera) (Bagley 1998). The petitioners claim no specific disease threats have been reported for C. deserticola.

        In respect to factor D, the petitioners address the draft WMP (BLM 2003), which will function as a multi-species Habitat Conservation Plan for the desert tortoise (Gopherus agassizii) and other listed and sensitive species within the planning area. The petitioners claim that Cymopterus deserticola has been dropped from the planning process because the species cannot have a viable conservation strategy without military participation (BLM 2002). According to the draft Environmental Impact Report and Statement for the draft WMP (BLM 2003), C. deserticola is still a species targeted for conservation measures, and has not been dropped.

        The draft WMP (BLM 2003) requires botanical surveys for projects proposed within the Fremont-Kramer and Superior-Cronese Desert Wildlife Management Areas (DWMAs) for those areas of windblown sand on the east side of larger playas, including Harper Dry Lake, Superior Dry Lake, and Cuddeback Dry Lake in San Bernardino County. If the plant is located, prescriptions call for avoiding all occurrences to the maximum extent practicable, and reporting the loss of plants. In Kern County, the draft WMP proposes the following measures: establishing the North Edwards Conservation Area, requiring botanical surveys, and adjusting the boundary over time to reflect survey results. The draft WMP has undergone numerous revisions over the last decade and is still in draft form and the implementation of conservation strategies for Cymopterus deserticola and its habitat remain a proposal.

        The petitioners also state that the lack of any management or conservation strategies by EAFB and ongoing projects on EAFB is adversely affecting this species and leave the future survival of C. deserticola populations on EAFB uncertain. Petitioners assert that, since the core population of this species is located on EAFB, without assured conservation measures in place, the long-term survival of C. deserticola remains in question.

        With regard to factor E, the petitioners claim that the “extremely limited distribution and relatively small numbers of individuals” of this species, make populations of Cymopterus deserticola vulnerable to extinction from stochastic events (e.g., drought and disease). Species with few populations and individuals are vulnerable to the threat of naturally occurring events, causing extinction through mechanisms operating either at the genetic level, the population level, and/or the landscape level. Isolation of small populations from one another can lead to loss of genetic variation due to genetic drift and increased inbreeding (Hamrick and Godt 1996). Genetic consequences of drift and loss of genetic variation include loss of adaptability to change and inbreeding, which is the mating of individuals likely to share some of their genes due to common ancestry. Inbreeding depression is thought to reduce fitness of individual plants; it may negatively affect components such as seed availability, germination success, and flower and fruit production (Falk 1992). At the landscape level, random natural events, such as storms or drought, could destroy a significant percentage of individuals or entire populations; a hot fire could destroy a seedbank as well. The restriction of colonies to small sites increases their risk of extinction from such naturally occurring events. The genetic characteristics of Cymopterus deserticola have not been investigated; therefore, the degree to which these characteristics contribute to the likelihood of C. deserticola being vulnerable to extinction for these reasons is unknown.
        Summary

        The information provided by the petitioners and information in our files presents substantive information that Cymopterus deserticola may be threatened by habitat alteration and destruction and livestock grazing throughout its range, both on EAFB and BLM lands. The draft WMP may contain measures that contribute to the conservation of C. deserticola. However, the WMP only addresses a small portion of this species' range, which is outside of EAFB. More than 90 percent of the known populations occur on EAFB and conservation measures for the species were not included in the EAFB INRMP.
        Finding
        We have reviewed the petition to list Cymoterus deserticola and the supporting documentation, information in our files, and other readily available information. We find that the petition did include substantial information indicating that the listing of C. deserticola may be warranted. With the publication of this notice, we are initiating a status review of C. deserticola to determine whether listing is warranted.

        The petition also requests us to designate critical habitat for this species. If we determine in our 12-month finding that listing Cymopterus deserticola is warranted, we will address the designation of critical habitat in the subsequent proposed listing rule or as funding allows.
        Public Information Solicited

        When we find that there is substantial information indicating that the petitioned action may be warranted, we are required to promptly commence a review of the status of the species. To ensure that the status review is complete and based on the best available scientific and commercial information, we are soliciting information on the Cymopterus deserticola throughout the species' range. We request any additional information, comments, and suggestions from the public, governmental agencies, the scientific community, industry, and any other interested parties concerning the status of this species throughout its range. We are seeking information regarding historic and current distribution, habitat, biology and ecology, ongoing conservation measures for this species and its habitat, threats to the species and its habitat and information regarding the adequacy of existing regulatory mechanisms.

        If you wish to comment, you may submit your comments and materials concerning this finding to the Field Supervisor (see
          ADDRESSES section). Our practice is to make comments, including names and home addresses of respondents, available for public review during regular business hours. Respondents may request that we withhold a respondent's identity, as allowable by law. If you wish us to withhold your name or address, you must state this request prominently at the beginning of your comment. However, we will not consider anonymous comments. To the extent consistent with applicable law, we will make all submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, available for public inspection in their entirety. Comments and materials received will be available for public inspection, by appointment, during normal business hours at the above address.
        References Cited

        A complete list of all references cited herein is available on request from the Ventura Fish and Wildlife Office (see
          ADDRESSES section).
        Author

        The primary author of this document is Robert McMorran, Ventura Fish and Wildlife Office, U.S. Fish and Wildlife Service (see
          ADDRESSES section).
        Authority

        The authority for this action is the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).

          Dated: January 29, 2004.
          Steve Williams,
          Director, Fish and Wildlife Service.

      [FR Doc. 04-2596 Filed 2-9-04; 8:45 am]
      BILLING CODE 4310-55-P


        DEPARTMENT OF THE INTERIOR
        Fish and Wildlife Service
        RIN 1018-AI95
        DEPARTMENT OF COMMERCE
        National Oceanic and Atmospheric Administration
        50 CFR Part 402
        [ID. 061804C]
        RIN 0648-AQ69
        Joint Counterpart Endangered Species Act Section 7 Consultation Regulations

          AGENCIES:
          Fish and Wildlife Service, Interior; and National Marine Fisheries Service, National Oceanic and Atmospheric Administration, Commerce.

          ACTION:
          Proposed rule; availability of environmental assessment; opening of comment period.

          SUMMARY:

          We, the U.S. Fish and Wildlife Service (FWS) and the National Oceanic and Atmospheric Administration's National Marine Fisheries Service (NOAA Fisheries), (jointly, the Services), announce the availability of the environmental assessment for the Interagency Consultation on Regulatory Actions Under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Counterpart Regulations, and the opening of a comment period on the environmental assessment. The Services are evaluating the environmental effects of establishing counterpart regulations pursuant to Section 7 of the Endangered Species Act of 1973, as amended (ESA). The proposed counterpart regulations were published in the Federal Register on January 30, 2004 (69 FR 4465) after coordination with the U.S. Environmental Protection Agency (EPA) and the U.S. Department of Agriculture.
          We are opening a comment period to allow all interested parties to comment on the environmental assessment. Comments should be directed to the adequacy of the environmental assessment, and should not address issues related to the proposed rule itself. Comments previously submitted on the proposed rule need not be resubmitted as they will be incorporated into the public record and will be fully considered in the final rule.

          DATES:
          Comments on this environmental assessment must be received by July 23, 2004, to be considered in the final decision.

          ADDRESSES:
          You may submit comments by any of the following methods:
          • E-mail: PesticideESARegulations@fws.gov. Include in the subject line the following identifier: RIN 1018-AI95; RIN 0648-AQ69. Please also include Attn: “1018-AI95” and your name and return address in your Internet message.
          • Mail: Assistant Director for Endangered Species, U.S. Fish and Wildlife Service, 4401 North Fairfax Drive, Room 420, Arlington, Virginia 22203; or Chief of the Endangered Species Division, Office of Protected Resources, National Marine Fisheries Service, 1315 East-West Highway, Silver Spring, Maryland 20910.
          • Federal e-rulemaking Portal: http:www.regulations.gov.

          • Fax: Gary Frazer, FWS, 703/358-2229; or Phil Williams, NOAA Fisheries, 301/713-0376.
          The FWS has agreed to take responsibility for receipt of public comments and will share all comments it receives with NOAA Fisheries and EPA. Comments and materials received in conjunction with this environmental assessment will be available for inspection, by appointment, during normal business hours at the above FWS address.

          Electronic copies of this environmental assessment may be obtained from the FWS World Wide Web site at: http://endangered.fws.gov/consultations/pesticides/index.html. Written copies of this environmental assessment may be obtained from the Assistant Director for Endangered Species, U.S. Fish and Wildlife Service, 4401 North Fairfax Drive, Room 420, Arlington, Virginia 22203.

          FOR FURTHER INFORMATION CONTACT:

          Gary Frazer, Assistant Director for Endangered Species, at the above FWS address (Telephone 703/358-2171, Facsimile 703/358-2229) or Phil Williams, Chief, Endangered Species Division, NOAA Fisheries, 1315 East-West Highway, Silver Spring, MD 20910 (301/713-1401; facsimile 301/713-0376).

        SUPPLEMENTARY INFORMATION:
        Background

        Counterpart regulations, as generally described at 50 CFR 402.04, provide an optional alternative to the existing section 7 consultation process described in 50 CFR part 402, subparts A and B. Counterpart regulations complement the general consultation regulations in part 402 by allowing individual Federal agencies to “fine tune” the general consultation framework to reflect their particular program responsibilities and obligations. The proposed counterpart regulations published in the Federal Register on January 30, 2004 (69 FR 4465), would establish new methods of interagency coordination between EPA and the Services and create two new, optional, alternative approaches for EPA to fulfill its obligations to ensure that its actions under FIFRA are not likely to jeopardize the continued existence of listed species or destroy or adversely modify critical habitat.
        We considered two alternatives, as presented in the environmental assessment. Finalizing the proposed counterpart regulation is the preferred alternative. Adopting this preferred alternative would eliminate the requirement for EPA to obtain written concurrences from the Services whenever EPA makes a “not likely to adversely affect” determination (for listed species or critical habitats) for any FIFRA action. This preferred alternative would also result in a new alternative approach to formal consultations whenever EPA makes a likely to adversely affect determination (for listed species or critical habitats) for any FIFRA action. The “no action” alternative would leave the current section 7 consultation process in place.

          Authority:

          The authority for this action is the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).

          Dated: June 24, 2004.
          Craig Manson,
          Assistant Secretary for Fish and Wildlife and Parks.
          John H. Dunnigan,
          Acting Assistant Administrator for Fisheries, National Marine Fisheries Service.

      [FR Doc. 04-15051 Filed 7-1-04; 8:45 am]
      BILLING CODE 3510-22-P; 4310-55-P