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76694 Federal Register / Vol. 70, No.

248 / Wednesday, December 28, 2005 / Rules and Regulations

of Information and Regulatory Affairs PART 165—REGULATED NAVIGATION ENVIRONMENTAL PROTECTION


has not designated it as a significant AREAS AND LIMITED ACCESS AREAS AGENCY
energy action. Therefore, it does not
require a Statement of Energy Effects ■ 1. The authority citation for Part 165 40 CFR Part 52
under Executive Order 13211. continues to read as follows:
[R04–OAR–2005–AL–0001–200520a; FRL–
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 8014–9]
Technical Standards Chapter 701; 50 U.S.C. 191, 195; 33 CFR
1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L.
The National Technology Transfer Approval and Promulgation of
107–295, 116 Stat. 2064; Department of
and Advancement Act (NTTAA) (15 Homeland Security Delegation No. 0170.1. Implementation Plans; Alabama;
U.S.C. 272 note) directs agencies to use Nitrogen Oxides Budget and
voluntary consensus standards in their ■ 2. Add § 165.923 to read as follows: Allowance Trading Program, Phase II
regulatory activities unless the agency § 165.923 Regulated Navigation Area AGENCY: Environmental Protection
provides Congress, through the Office of between mile markers 296.1 and 296.7 of Agency (EPA).
Management and Budget, with an the Chicago Sanitary and Ship Canal
ACTION: Final rule.
explanation of why using these located near Romeoville, IL.
standards would be inconsistent with (a) Location. The following is a SUMMARY: The EPA is approving State
applicable law or otherwise impractical. Regulated Navigation Area: All waters Implementation Plan (SIP) revisions
Voluntary consensus standards are of the Chicago Sanitary and Ship Canal, submitted by the State of Alabama on
technical standards (e.g., specifications Romeoville, IL between the north side of February 23, 2005. The revision
of materials, performance, design, or Romeo Road Bridge Mile Marker 296.1, responds to the EPA’s regulation
operation; test methods; sampling and the south side of the Aerial Pipeline entitled, ‘‘Interstate Ozone Transport:
procedures; and related management Mile Marker 296.7. Response to Court Decisions on the
systems practices) that are developed or (b) Regulations. (1) The general Nitrogen Oxides (NOX) SIP Call, NOX
adopted by voluntary consensus regulations contained in 33 CFR 165.13 SIP Call Technical Amendments, and
standards bodies. apply. Section 126 Rules,’’ otherwise known as
This rule does not use technical (2) All vessels are prohibited from the ‘‘NOX SIP Call Phase II.’’ This
standards. Therefore, we did not loitering in the regulated navigation revision satisfies EPA’s rule that
consider the use of voluntary consensus area. requires Alabama to submit NOX SIP
(3) Vessels may enter the regulated
standards. Call Phase II revisions needed to
navigation area for the sole purpose of
achieve the necessary incremental
Environment transiting to the other side, and must
reductions of NOX. The intended effect
maintain headway throughout the
We have analyzed this rule under of this SIP revision is to reduce
transit.
Commandant Instruction M16475.1D, (4) All personnel on open decks must emissions of NOX in order to help attain
which guides the Coast Guard in wear a Coast Guard approved Type I the National Ambient Air Quality
complying with the National personal flotation device while in the Standard (NAAQS) for ozone. The
Environmental Policy Act of 1969 regulated navigation area. revision also corrects a typographical
(NEPA) (42 U.S.C. 4321–4370f), and (5) Vessels may not moor or lay up on error and deletes an expired provision
have made a preliminary determination the right or left descending banks of the pertaining to open burning in Morgan
that there are no factors in this case that regulated navigation area. County, Alabama in 2003.
would limit the use of a categorical (6) Towboats may not make or break DATES: This direct final rule is effective
exclusion under section 2.B.2 of the tows in the regulated navigation area. February 27, 2006 without further
Instruction. Therefore we believe this (7) Vessels may not pass (meet or notice, unless EPA receives adverse
rule should be categorically excluded, overtake) in the regulated navigation comment by January 27, 2006. If adverse
under figure 2–1, paragraph 34(g) from area and must make a SECURITE call comment is received, EPA will publish
further environmental documentation. when approaching the barrier to a timely withdrawal of the direct final
This rule establishes a regulated announce intentions and work out rule in the Federal Register and inform
navigation area and as such is covered passing arrangements on either side. the public that the rule will not take
by this paragraph. (8) Commercial tows transiting the effect.
regulated navigation area must be made
A final ‘‘Environmental Analysis ADDRESSES: Submit your comments,
up with wire rope to ensure electrical
Check List’’ and a final ‘‘Categorical identified by Regional Material in
connectivity between all segments of the
Exclusion Determination’’ are available EDocket (RME) ID No. R04–OAR–2005–
tow.
in the docket where indicated under (c) Compliance. All persons and AL–0001, by one of the following
ADDRESSES. Comments on this section methods:
vessels shall comply with this rule and
will be considered before we make the any additional instructions of the Ninth 1. Federal eRulemaking Portal:
final decision on whether the rule Coast Guard District Commander, or his http://www.regulations.gov. Follow the
should be categorically excluded from designated representative. The Captain on-line instructions for submitting
further environmental review. of the Port, Lake Michigan is a comments.
designated representative of the District 2. Agency Web site: http://
List of Subjects in 33 CFR Part 165 docket.epa.gov/rmepub/ RME, EPA’s
Commander for the purposes of this
Harbors, Marine safety, Navigation rule. electronic public docket and comment
(water), Reporting and record keeping system, is EPA’s preferred method for
Dated: December 19, 2005. receiving comments. Once in the
requirements, Security measures,
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R.J. Papp, Jr., system, select ‘‘quick search,’’ then key


Waterways.
Rear Admiral, U.S. Coast Guard, Commander, in the appropriate RME Docket
■ For the reasons discussed in the Ninth Coast Guard District. identification number. Follow the on-
preamble, the Coast Guard amends 33 [FR Doc. 05–24538 Filed 12–27–05; 8:45 am] line instructions for submitting
CFR part 165 as follows: BILLING CODE 4910–15–P comments.

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Federal Register / Vol. 70, No. 248 / Wednesday, December 28, 2005 / Rules and Regulations 76695

3. E-mail: difrank.stacy@epa.gov. i.e., CBI or other information whose A number of parties, including certain
4. Fax: (404) 562–9019. disclosure is restricted by statute. States as well as industry and labor
5. Mail: ‘‘R04–OAR–2005–AL–0001,’’ Certain other material, such as groups, challenged the NOX SIP Call
Regulatory Development Section, Air copyrighted material, is not placed on rule. On March 2, 2000 (65 FR 11222),
Planning Branch, Air, Pesticides and the Internet and will be publicly EPA published additional technical
Toxics Management Division, U.S. available only in hard copy form. amendments to the NOX SIP Call in the
Environmental Protection Agency, Publicly available docket materials are Federal Register. On March 3, 2000, the
Region 4, 61 Forsyth Street, SW., available either electronically in RME or D.C. Circuit issued its decision on the
Atlanta, Georgia 30303–8960. in hard copy at the Regulatory NOX SIP Call, ruling in favor of EPA on
6. Hand Delivery or Courier. Deliver Development Section, Air planning all the major issues. Michigan v. EPA,
your comments to: Stacy DiFrank, Branch, Air, Pesticides and Toxics 213 F.3d 663 (D.C. Cir. 2000). The DC
Regulatory Development Section, Air Management Division, U.S. Circuit Court denied petitioners’
Planning Branch, Air, Pesticides and Environmental Protection Agency, requests for rehearing or rehearing en
Toxics Management Division, U.S. Region 4, 61 Forsyth Street, SW., banc on July 22, 2000. However, the
Environmental Protection Agency, Atlanta, Georgia 30303–8960. EPA Circuit Court remanded four specific
Region 4, 61 Forsyth Street, SW., requests that if at all possible, you elements to EPA for further action: (1)
Atlanta, Georgia 30303–8960. Such contact the person listed in the FOR The definition of EGU, (2) the level of
deliveries are only accepted during the FURTHER INFORMATION CONTACT section to control for stationary IC engines, (3) the
Regional Office’s normal hours of schedule your inspection. The Regional geographic extent of the NOX SIP Call
operation. The Regional Office’s official Office’s official hours of business are for Georgia and Missouri, and (4) the
hours of business are Monday through Monday through Friday, 8:30 to 4:30, inclusion of Wisconsin. On March 5,
Friday, 8:30 to 4:30, excluding Federal excluding Federal holidays. 2001, the U.S. Supreme Court declined
holidays. to hear an appeal by various utilities,
FOR FURTHER INFORMATION CONTACT:
Instructions: Direct your comments to industry groups and a number of
RME ID No. R04–OAR–2005–AL–0001. Stacy DiFrank, Regulatory Development
Section, Air Planning Branch, Air, upwind states from the DC Circuit’s
EPA’s policy is that all comments ruling on EPA’s NOX SIP Call rule.
received will be included in the public Pesticides and Toxics Management
Division, U.S. Environmental Protection On October 13, 2000, the Alabama
docket without change and may be Department of Environmental
made available on-line at http:// Agency, Region 4, 61 Forsyth Street,
SW., Atlanta, Georgia 30303–8960. The Management (ADEM) submitted a draft
docket.epa.gov/rmepub/, including any NOX emission control rule to the EPA.
personal information provided, unless telephone number is (404) 562–9042.
Ms. DiFrank can also be reached via On March 12, 2001, ADEM submitted
the comment includes information final revisions to its SIP that complied
claimed to be Confidential Business electronic mail at
with the requirements of the NOX SIP
Information (CBI) or other information difrank.stacy@epa.gov.
Call Phase I (see 66 FR 27047, May 16,
whose disclosure is restricted by statute. SUPPLEMENTARY INFORMATION: 2001).
Do not submit information that you EPA published a final rule, dated
I. Background
consider to be CBI or otherwise April 21, 2004 (69 FR 21604), that
protected through RME, regulations.gov, On October 27, 1998, EPA published addresses the remanded portion of the
or e-mail. The EPA RME Web site and a final rule known as the ‘‘NOX SIP NOX SIP Call Rule. This rule is entitled,
the Federal regulations.gov Web site are Call’’ (See 63 FR 57356). The NOX SIP ‘‘Interstate Ozone Transport: Response
‘‘anonymous access’’ systems, which Call requires 22 states, including the to Court Decisions on the NOX SIP Call,
means EPA will not know your identity State of Alabama, and the District of NOX SIP Call Technical Amendments,
or contact information unless you Columbia (DC) to meet statewide NOX and Section 126 Rules,’’ otherwise
provide it in the body of your comment. emission budgets during the ozone known as the ‘‘NOX SIP Rule Phase II.’’
If you send an e-mail comment directly season in order to reduce the amount of This action finalizes specific changes in
to EPA without going through RME or ground level ozone that is transported response to the Court’s rulings on the
regulations.gov, your e-mail address across the eastern United States (Phase NOX SIP Call. Specifically, it finalizes
will be automatically captured and I). EPA identified NOX emission certain aspects of the definitions of EGU
included as part of the comment that is reductions by source category that could and non-EGU, the control level assumed
placed in the public docket and made be achieved by suing cost-effective for large stationary IC engines in the
available on the Internet. If you submit measures. The source categories include NOX SIP Call, partial State budgets for
an electronic comment, EPA electric generating units (EGUs), non- Georgia, Missouri, Alabama, and
recommends that you include your electric generating units (non-EGUs), Michigan in the NOX SIP Call, changes
name and other contact information in internal combustion (IC) engines, and to the statewide NOX budgets, the SIP
the body of your comment and with any cement kilns. EPA determined that submittal dates for the required States to
disk or CD–ROM you submit. If EPA state-wide NOX emission budgets based address the Phase II portion of the
cannot read your comment due to on the implementation of these cost budget, and for Georgia and Missouri to
technical difficulties and cannot contact effective controls for each affected submit full SIPs meeting the NOX SIP
you for clarification, EPA may not be jurisdiction are to be met by the year Call and the exclusion of Wisconsin
able to consider your comment. 2007. The Phase I NOX SIP Call gave from the NOX SIP Call (See 69 FR
Electronic files should avoid the use of states the flexibility to decide which 21604, April 21, 2004). This final rule
special characters, any form of source categories to regulate in order to also requires States that submitted NOX
encryption, and be free of any defects or meet the statewide budgets. IC engines SIP Call Phase I revisions to submit
viruses. were not addressed by Alabama in Phase II SIP Revisions as needed to
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Docket: All documents in the response to Phase I, but are addressed achieve the necessary incremental
electronic docket are listed in the RME in Phase II. For more information reductions of NOX.
index at http://docket.epa.gov/rmepub/. regarding the specifics of these Phase I Additional emission reductions
Although listed in the index, some source categories and budgets, see 66 FR required as a result of this final
information is not publicly available, 27047, May 16, 2001. rulemaking are reflected in the Phase II

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76696 Federal Register / Vol. 70, No. 248 / Wednesday, December 28, 2005 / Rules and Regulations

portion of the State’s emission budget. this rule will be effective on February Environmental Health Risks and Safety
On April 11, 2000, in response to the 27, 2006 and no further action will be Risks’’ (62 FR 19885, April 23, 1997),
Court’s decision, EPA notified Alabama taken on the proposed rule. Please note because it is not economically
of the maximum amount of NOX that if we receive adverse comment on significant.
emissions allowed for the State during an amendment, paragraph, or section of In reviewing SIP submissions, EPA’s
the ozone season. This emission budget this rule and if that provision may be rule is to approve state choices,
reflected adjustments to Alabama’s NOX severed from the remainder of the rule, provided that they meet the criteria of
emission budget to reflect the Court’s we may adopt as final those provisions the Clean Air Act. In this context, in the
decision that Georgia and Missouri of the rule that are not the subject of an absence of a prior existing requirement
should not be included in full. Although adverse comment. for the State to use voluntary consensus
the Court did not order EPA to modify standards (VCS), EPA has no authority
IV. Statutory and Executive Order to disapprove a SIP submission for
Alabama’s budget, the EPA believes
Reviews failure to use VCS. It would thus be
these adjustments are consistent with
the Court’s decision. Under Executive Order 12866 (58 FR inconsistent with applicable law for
51735, October 4, 1993), this action is EPA, when it reviews a SIP submission,
II. Analysis of State’s Submittal not a ‘‘significant regulatory action’’ and to use VCS in place of a SIP submission
The State of Alabama submitted a therefore is not subject to review by the that otherwise satisfies the provisions of
revision to its SIP on February 23, 2005. Office of Management and Budget. For the Clean Air Act. Thus, the
The revision responds to the NOX SIP this reason, this action is also not requirements of section 12(d) of the
Call Phase II (69 FR 21604, April 21, subject to Executive Order 13211, National Technology Transfer and
2004). ADEM is revising its regulations ‘‘Actions Concerning Regulations That Advancement Act of 1995 (15 U.S.C.
to remain consistent with EPA Significantly Affect Energy Supply, 272 note) do not apply. This rule does
requirements. The addition of the Distribution, or Use’’ (66 FR 28355, May not impose an information collection
proposed regulation to Chapter 335–3– 22, 2001). This action merely approves burden under the provisions of the
8, specifically Rule 335–3–8–.04, fulfills state law as meeting Federal Paperwork Reduction Act of 1995 (44
this requirement. requirements and imposes no additional U.S.C. 3501 et seq.).
The NOX SIP Call Phase II (69 FR requirements beyond those imposed by The Congressional Review Act, 5
21604) required NOX reductions for state law. Accordingly, the U.S.C. 801 et seq., as added by the Small
4,968 tons for Alabama. However, upon Administrator certifies that this rule Business Regulatory Enforcement
further calculation it was determined will not have a significant economic Fairness Act of 1996, generally provides
that the required NOX reduction for impact on a substantial number of small that before a rule may take effect, the
Alabama is 4,895 tons. entities under the Regulatory Flexibility agency promulgating the rule must
The revision also includes changes to Act (5 U.S.C. 601 et seq.). Because this submit a rule report, which includes a
Rule 335–3–3. A typographical error is rule approves pre-existing requirements copy of the rule, to each House of the
corrected in Rule 335–3–3–.01(2), under state law and does not impose Congress and to the Comptroller General
changing the word ‘‘not’’ to ‘‘nor’’ in the any additional enforceable duty beyond of the United States. EPA will submit a
second sentence and 335–3–3–.01(2)(d) that required by state law, it does not report containing this rule and other
is being revised to delete an expired contain any unfunded mandate or required information to the U.S. Senate,
provision pertaining to open burning in significantly or uniquely affect small the U.S. House of Representatives, and
Morgan County in 2003. governments, as described in the the Comptroller General of the United
Unfunded Mandates Reform Act of 1995 States prior to publication of the rule in
III. Final Action
(Pub. L. 104–4). the Federal Register. A major rule
EPA is approving the aforementioned This rule also does not have tribal cannot take effect until 60 days after it
changes to the SIP. EPA is publishing implications because it will not have a is published in the Federal Register.
this rule without prior proposal because substantial direct effect on one or more This action is not a ‘‘major rule’’ as
the Agency views this as a non- Indian tribes, on the relationship defined by 5 U.S.C 804(2).
controversial submittal and anticipates between the Federal Government and Under section 307(b)(1) of the Clean
no adverse comments. However, in the Indian tribes, or on the distribution of Air Act, petitions for judicial review of
proposed rules section of this Federal power and responsibilities between the this action must be filed in the United
Register publication, EPA is publishing Federal Government and Indian tribes, States Court of Appeals for the
a separate document that will serve as as specified by Executive Order 13175 appropriate circuit by February 27,
the proposal to approve the SIP revision (65 FR 67249, November 9, 2000). This 2006. Filing a petition for
should adverse comments be filed. This action also does not have Federalism reconsideration by the Administrator of
rule will be effective February 27, 2006 implications because it does not have this final rule does not affect the finality
without further notice unless the substantial direct effects on the states, of this rule for the purposes of judicial
Agency receives adverse comments by on the relationship between the national review nor does it extend the time
January 27, 2006. government and the states, or on the within which a petition for judicial
If the EPA receives such comments, distribution of power and review may be filed, and shall not
then EPA will publish a document responsibilities among the various postpone the effectiveness of such rule
withdrawing the final rule and levels of government, as specified in or action. This action may not be
informing the public that the rule will Executive Order 13132 (64 FR 43255, challenged later in proceedings to
not take effect. All public comments August 10, 1999). This action merely enforce its requirements. (See section
received will then be addressed in a approves a state rule implementing a 307(b)(2).)
subsequent final rule based on the Federal standard, and does not alter the
List of Subjects in 40 CFR Part 52
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proposed rule. The EPA will not relationship or the distribution of power
institute a second comment period. and responsibilities established in the Environmental protection, Air
Parties interested in commenting should Clean Air Act. This rule also is not pollution control, Intergovernmental
do so at this time. If no such comments subject to Executive Order 13045 relations, Nitrogen dioxide, Ozone,
are received, the public is advised that ‘‘Protection of Children from Particulate matter, Reporting and

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Federal Register / Vol. 70, No. 248 / Wednesday, December 28, 2005 / Rules and Regulations 76697

recordkeeping requirements, Volatile PART 52—[AMENDED] 3.01’’ and ‘‘Section 335–3–8.04’’ to read
organic compounds. as follows:
■ 1. The authority citation for part 52
Dated: December 9, 2005. continues to read as follows: § 52.50 Identification of plan.
A. Stanley Meiburg, Authority: 42 U.S.C. 7401 et seq. * * * * *
Acting Regional Administrator, Region 4.
Subpart B—Alabama (c) * * *
■ Chapter I, Title 40, Code of Federal
Regulations, is amended as follows: ■ 2. Section 52.50(c) is amended by
revising entries for ‘‘Section 335–3–

State effective
State citation Title/subject EPA approval date Explanation
date

Chapter 335–3–3 Control of Open Burning and Incineration

* * * * * * *
Section 335–3–3–.01 Open Burning ....................................................................... mm/dd/yy 12/28/05 [insert citation
of publication].

* * * * * * *
Chapter 335–3–8 Control of Nitrogen Oxide Emissions

* * * * * * *
Section 335–3–8–.04 Standards for Stationary Reciprocating Internal Combus- mm/dd/yy 12/28/05 [insert citation
tion Engines. of publication].

* * * * * * *

* * * * * Unit IV. of the SUPPLEMENTARY (703) 308–8373; e-mail address:


[FR Doc. 05–24474 Filed 12–27–05; 8:45 am] INFORMATION. EPA has established a grinstead.keri@epa.gov.
BILLING CODE 6560–50–M docket for this action under docket SUPPLEMENTARY INFORMATION:
identification (ID) number EPA–HQ–
OPP–2005–0477. All documents in the I. General Information
ENVIRONMENTAL PROTECTION docket are listed on the A. Does this Action Apply to Me?
AGENCY www.regulations.gov Web site.
You may be potentially affected by
(EDOCKET, EPA’s electronic public
40 CFR Part 180 this action if you are an agricultural
docket and comment system was
producer, food manufacturer, or
[EPA–HQ–OPP–2005–0477; FRL–7753–9] replaced on November 25, 2005, by an
pesticide manufacturer. Potentially
enhanced Federal-wide electronic affected entities may include, but are
Dichlormid; Extension of Time-Limited docket management and comment not limited to:
Pesticide Tolerance system located at http:// • Crop production (NAICS code 111).
www.regulations.gov/. Follow the on- • Animal production (NAICS code
AGENCY: Environmental Protection
line instructions.) Although listed in the 112).
Agency (EPA).
index, some information is not publicly • Food manufacturing (NAICS code
ACTION: Final rule.
available, i.e., Confidential Business 311).
SUMMARY: This regulation amends 40 Information (CBI) or other information • Pesticide manufacturing (NAICS
CFR 180.469 by extending the whose disclosure is restricted by statute. code 32532).
expiration/revocation date of the time- Certain other material, such as This listing is not intended to be
limited tolerances for residues of copyrighted material, is not placed on exhaustive, but rather provides a guide
acetamide, 2,2-dichloro-N,N-di-2- the Internet and will be publicly for readers regarding entities likely to be
propenyl- (dichlormid) in or on field available only in hard copy form. affected by this action. Other types of
corn (forage, grain, stover), pop corn Publicly available docket materials are entities not listed in this unit could also
(grain, stover), and sweet corn (forage, available either electronically in be affected. The North American
kernel plus cob with husks removed, EDOCKET or in hard copy at the Public Industrial Classification System
stover) at 0.05 ppm. The current Information and Records Integrity (NAICS) codes have been provided to
tolerances are set to expire on December Branch (PIRIB), Rm. 119, Crystal Mall assist you and others in determining
31, 2005. This rule extends the #2, 1801 S. Bell St., Arlington, VA. This whether this action might apply to
expiration/revocation date of these time- docket facility is open from 8:30 a.m. to certain entities. If you have any
limited tolerances to December 31, 4 p.m., Monday through Friday, questions regarding the applicability of
2008. excluding legal holidays. The docket this action to a particular entity, consult
telephone number is (703) 305–5805. the person listed under FOR FURTHER
DATES: This regulation is effective INFORMATION CONTACT.
December 28, 2005. Objections and FOR FURTHER INFORMATION CONTACT: Keri
requests for hearings must be received B. How Can I Access Electronic Copies
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Grinstead, Registration Division


on or before February 27, 2006. (7505C), Office of Pesticide Programs, of this Document and Other Related
ADDRESSES: To submit a written Environmental Protection Agency, 1200 Information?
objection or hearing request follow the Pennsylvania Ave., NW., Washington, In addition to using EDOCKET (http://
detailed instructions as provided in DC 20460–0001; telephone number: www.epa.gov/edocket/), you may access

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