[Federal Register: October 17, 2006 (Volume 71, Number 200)]
[Rules and Regulations]
[Page 60852-60853]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17oc06-19]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 49
[R10-OAR-2005-TR-0001; FRL-8230-8]
Announcement of the Delegation of Partial Administrative
Authority for Implementation of Federal Implementation Plan for the
Umatilla Indian Reservation to the Confederated Tribes of the Umatilla
Indian Reservation
AGENCY: Environmental Protection Agency (EPA).
ACTION: Delegation of authority; technical amendment.
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SUMMARY: This action announces that on August 21, 2006, EPA Region 10
and the Confederated Tribes of the Umatilla Indian Reservation (CTUIR)
entered into a Partial Delegation of Administrative Authority to carry
out certain day-to-day activities associated with administration of the
Federal Implementation Plan for the Umatilla Indian Reservation
(Umatilla FIP). A note of this partial delegation is being added to the
Umatilla FIP.
DATES: The partial delegation of administrative authority was effective
on August 21, 2006. The date of delegation can be found in the
SUPPLEMENTARY INFORMATION section of this document.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. R10-OAR-2005-TR-0001. The delegation agreement and other docket
materials are available electronically in EDOCKET, EPA's electronic
public docket and comment system, found at http://www.regulations.gov or in
hard copy from Steve Body at EPA Region 10, Office of Air, Waste and
Toxics (AWT-107), 1200 Sixth Avenue, Seattle, Washington 98101, or via
e-mail at body.steve@epa.gov. Additional information may also be
obtained from the CTUIR by contacting Dr. John Cox, Air Quality Project
Coordinator, Environmental Science and Technology Program, P.O. Box
638, Pendleton, Oregon 97801.
FOR FURTHER INFORMATION CONTACT: Steve Body at telephone number: (206)
553-0782, e-mail address: body.steve@epa.gov, or the above EPA, Region
10 address.
SUPPLEMENTARY INFORMATION: The purpose of this action is to announce
that on August 21, 2006, EPA Region 10, delegated partial
administrative authority for implementation of certain provisions of
the Umatilla FIP to the CTUIR. See 40 CFR part 49, subpart M, section
11011 through 11040, as authorized by 40 CFR 49.122 of the Federal Air
Rules for Reservations, (FARR), 40 CFR part 49, subpart C.
I. Authority To Delegate
Federal regulation 40 CFR 49.122 provides EPA authority to delegate
to Indian Tribes, partial administrative authority to administer
provisions of the Federal Air Rules for Reservations (FARR), 40 CFR
part 49, subpart C. Tribes must submit a request to the Regional
Administrator that meets the requirements of 40 CFR 49.122.
II. Partial Delegation of Administrative Authority
On August 21, 2006, EPA entered into an ``Agreement for Partial
Delegation of the Federal Implementation Plan for the Umatilla Indian
Reservation by the United States Environmental Protection Agency,
Region 10, to the Confederated Tribes of the Umatilla Indian.'' The
Delegation Agreement provides authority for the CTUIR to administer the
following rules that are part of the Federal Implementation Plan for
the Nez Perce Tribe of Idaho, 40 CFR 49.11011 through 49.11040:
49.11020(a) Section 49.123 General provisions; 49.11020(g) Section
49.131 General rule for open burning; 49.11020(h) Section 49.132 Rule
for general open burning permits; 49.11020(i) Section 49.133 Rule for
agricultural burning permits; 49.11020(j) Section 49.134 Rule for
forestry and silvicultural burning permits; and 49.11020(l) Section
49.137 Rule for air pollution episodes.
Section 553 of the Administrative Procedure Act, 5 U.S.C.
553(b)(B), provides that, when an agency for good cause finds that
notice and public procedure are impracticable, unnecessary or contrary
to the public interest, the agency may issue a rule without providing
notice and an opportunity for public comment. EPA has determined that
there is good cause for making today's rule final without prior
proposal and opportunity for comment because EPA is merely informing
the public of partial delegation of administrative authority to the
CTUIR and making a technical amendment to the Code of Federal
Regulations (CFR) by adding a note announcing the partial delegation.
Thus, notice and public procedure are unnecessary. EPA finds that this
constitutes good cause under 5 U.S.C. 553(b)(B).
Moreover, since today's action does not create any new regulatory
requirements, EPA finds that good cause exists to provide for an
immediate effective date pursuant to 5 U.S.C. 553(d)(3).
III. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely makes a technical amendment and gives notice of a partial
delegation of administrative authority. Accordingly, the Administrator
certifies that this rule will not have a significant economic impact on
a substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). This rule does not contain any unfunded
mandate or significantly or uniquely affect small governments, as
described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).
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
[[Page 60853]]
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.'' Under section 5(b) of Executive
Order 13175, EPA may not issue a regulation that has tribal
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
tribal governments, or EPA consults with tribal officials early in the
process of developing the proposed regulation. Under section 5(c) of
Executive Order 13175, EPA may not issue a regulation that has tribal
implications and that preempts tribal law, unless the Agency consults
with tribal officials early in the process of developing the
regulation. EPA has concluded that this rule may have tribal
implications. EPA's action fulfills a requirement to publish a notice
announcing partial delegation of administrative authority to the CTUIR
and noting the partial delegation in the CFR. However, it will neither
impose substantial direct compliance costs on tribal governments, nor
preempt tribal law. Thus, the requirements of sections 5(b) and 5(c) of
the Executive Order do not apply to this rule.
This action also does not have Federalism implications because it
does not have substantial direct effects on the states, on the
relationship between the national government and the states, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132 (64 FR 43255, August
10, 1999). This technical amendment merely notes that partial
delegation of administrative authority to the CTUIR is in effect. This
rule also is not subject to Executive Order 13045, ``Protection of
Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it is not economically significant.
This action does not involve technical standards; thus, the
requirements of section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This rule
does not impose an information collection burden under the provisions
of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). The
Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by December 18, 2006. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 49
Administrative practice and procedure, Air pollution control,
Indians, Intergovernmental relations, Reporting and recordkeeping
requirements.
Dated: September 28, 2006.
Ronald A. Kreizenbeck,
Acting Regional Administrator, Region 10.
0
Chapter I, title 40 of the Code of Federal Regulations is amended as
follows:
PART 49--[AMENDED]
0
1. The authority citation for Part 49 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart M--[Amended]
0
2. Section 49.11020 is amended by adding a note to the end of the
section to read as follows:
Sec. 49.11020 Federally-promulgated regulations and Federal
implementation plans.
* * * * *
Note to Sec. 49.11020: EPA entered into a Partial Delegation of
Administrative Authority Agreement with the Confederated Tribes of
the Umatilla Indian Reservation on August 21, 2006 for the rules
listed in paragraphs (a), (g), (h), (i), (j) and (l) of this
section.
[FR Doc. E6-17223 Filed 10-16-06; 8:45 am]
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