Professional Documents
Culture Documents
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Federal Register / Vol. 71, No. 239 / Wednesday, December 13, 2006 / Rules and Regulations 74793
II. Why Are the Corrections Needed? finding that this action is not subject to United States. The EPA will submit a
The CAIR and CAIR FIP contain notice-and-comment requirements report containing this final action and
minor errors that may prove to be under the APA or any other statute, it other required information to the U.S.
misleading and are in need of is not subject to the regulatory flexibility Senate, the U.S. House of
clarification. As itemized in the provisions of the Regulatory Flexibility Representatives, and the Comptroller
Act (5 U.S.C. 601 et seq.), or to sections General of the U.S. prior to publication
regulatory text below, this corrections
202 and 205 of the Unfunded Mandates of this action in the Federal Register.
rule corrects typographical errors,
Reform Act of 1995 (UMRA) (Pub. L. This action is not a ‘‘major rule’’ as
makes minor word corrections, and
104B4). In addition, this action does not defined by 5 U.S.C. 804(2). The final
corrects or provides more specificity in
significantly or uniquely affect small rule will be effective on December 13,
references to other paragraphs or
governments or impose a significant 2006.
sections within the regulatory text. It
intergovernmental mandate, as The EPA’s compliance with the above
does not make any substantive changes
described in sections 203 and 204 of the statutes and Executive Orders for the
to the CAIR or CAIR FIPs or change any
UMRA. underlying rules are discussed in
of the rule requirements. The corrections do not have Section X of the CAIR at 70 FR 25305
III. What Is the Rulemaking Procedure? substantial direct effects on the States, and in Section IX of the CAIR FIPs at
or on the relationship between the 71 FR 25365.
The EPA is issuing this final rule
national government and the States, or
without prior proposal or the on the distribution of power and List of Subjects
opportunity for public comment. responsibilities among the various
Section 553 of the Administrative 40 CFR Part 51
levels of government, as specified in
Procedure Act (APA), 5 U.S.C. Executive Order 13132, Federalism (64 Environmental protection.
553(b)(B), provides that when an FR 43255, August 10, 1999). Administrative practice and procedure,
Agency for good cause finds that notice This action also does not significantly Air pollution control, Electric utilities,
and public procedure are impracticable, or uniquely affect the communities of Intergovernmental relations, Nitrogen
unnecessary, or contrary to public Tribal governments, as specified in oxides, Ozone, Particulate matter,
interest, the Agency may issue a rule Executive Order 13175, Consultation Reporting and recordkeeping
without providing notice and an and Coordination with Indian Tribal requirements, Sulfur dioxide.
opportunity to comment. The EPA has Governments (65 FR 67249, November 40 CFR Parts 96 and 97
determined that there is good cause for 9, 2000). The corrections also are not
making this action final without prior subject to Executive Order 13045, Environmental protection.
proposal or opportunity to comment Protection of Children from Administrative practice and procedure,
because the changes to the CAIR and Environmental Health and Safety Risks Air pollution control, Electric utilities,
CAIR FIPS correct minor, (62 FR 19885, April 23, 1997) because intergovernmental relations, Nitrogen
nonsubstantive errors, are this action is not economically oxides, Reporting and recordkeeping
noncontroversial, and are consistent significant. requirements, Sulfur dioxide.
with the technical basis for the rules. The corrections are not subject to Dated: December 7, 2006.
Thus, notice and public procedure are Executive Order 13211, Actions Stephen L. Johnson,
not necessary. The EPA finds this Concerning Regulations That Administrator.
constitutes good cause under 5 U.S.C. Significantly Affect Energy Supply,
553(b)(B). (See also the final sentence of ■ For the reasons set forth in the
Distribution, or Use (66 FR 28355, May
section 307(d)(1) of the Clean Air Act preamble, parts 51, 96, and 97, of title
22, 2001) because this action is not a
(CAA), indicating that the good cause 40, chapter I of the Code of Federal
significant regulatory action under
provisions of the APA continue to apply Regulations are amended as follows:
Executive Order 12866.
to rulemaking under section 307(d) of The corrections do not involve PART 51—[AMENDED]
the CAA.) changes to technical standards related to
Section 553(d)(3) allows an agency, test methods or monitoring methods; ■ 1. The authority citation for part 51
upon a finding of good cause, to make thus, the requirements of section 12(d) continues to read as follows:
a rule effective immediately. Because of the National Technology Transfer and Authority: 23 U.S.C. 101; 42 U.S.C. 7401–
this action corrects errors and helps to Advancement Act of 1995 (15 U.S.C. 7671q.
clarify requirements in the underlying 272) do not apply.
rules, EPA finds good cause to make The corrections also do not involve § 51.123 [Amended]
these corrections effective immediately. special consideration of environmental ■ 2. Section 51.123 is amended as
justice-related issues as required by follows:
IV. Statutory and Executive Order
Executive Order 12898, Federal Actions ■ a. In paragraph (p)(1)(ii)(C)(2), by
Reviews
to Address Environmental Justice in revising the words ‘‘in (97.143’’ to read
Under Executive Order 12866, Minority Populations and Low-Income ‘‘in § 97.143’’;
Regulatory Planning and Review (58 FR Populations (59 FR 7629, February 16, ■ b. In paragraphs (q)(1)(iii)(B) and
51735, October 4, 1993), this action is 1994). (q)(3), by revising the words ‘‘paragraph
not a ‘‘significant regulatory action’’ The Congressional Review Act, 5 (e)(2)’’ to read ‘‘paragraph (q)(2)’’; and
and, therefore, is not subject to review U.S.C. 801 et seq., as added by the Small ■ c. In paragraph (cc) in the definition
by the Office of Management and Business Regulatory Enforcement of ‘‘Useful thermal energy’’, by revising
Budget. This action is not a ‘‘major rule’’ Fairness Act of 1996 (SBREFA), in paragraph (2) the words ‘‘heat’’ to
as defined by 5 U.S.C. 804(2). The generally provides that before a rule read ‘‘heating’’.
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74794 Federal Register / Vol. 71, No. 239 / Wednesday, December 13, 2006 / Rules and Regulations
paragraph (2) the words ‘‘heat’’ to read words ‘‘CAIR NOX unit that’’ to read words ‘‘CAIR SO2 unit that’’ to read
‘‘heating’’. ‘‘CAIR NOX opt-in unit that’’. ‘‘CAIR SO2 opt-in unit that’’.
PART 96—[Amended] § 96.202 [Amended] § 96.302 [Amended]
■ 13. Section 96.202 is amended as ■ 21. Section 96.302 is amended as
■ 4. The authority citation for part 96 follows:
continues to read as follows: follows:
■ a. In the definition of ‘‘Alternate CAIR ■ a. In the definition of ‘‘Alternate CAIR
Authority: 42 U.S.C. 7401, 7403, 7410, designated representative’’, by revising
7601, and 7651, et seq.
designated representative’’, by revising
the words ‘‘source in accordance’’ to the words ‘‘source in accordance’’ to
§ 96.102 [Amended] read ‘‘source, in accordance’’. read ‘‘source, in accordance’’.
■ b. In the definition of ‘‘CAIR NOX
■ 5. Section 96.102 is amended as ■ b. In the definition of ‘‘CAIR NOX
Annual Trading Program’’, by revising
follows: Annual Trading Program’’, by revising
the words ‘‘§ 51.123’’ to read
■ a. In the definition of ‘‘CAIR NOX the words ‘‘§ 51.123’’ to read
‘‘§ 51.123(o)(1) or (2)’’;
Annual Trading Program’’, by revising ■ c. In the definition of ‘‘CAIR NOX
‘‘§ 51.123(o)(1) or (2)’’;
the words ‘‘§ 51.123’’ to read Ozone Season Trading Program’’, by ■ c. In the definition of ‘‘CAIR NOX
‘‘§ 51.123(o)(1) or (2)’’; revising the words ‘‘§ 51.123’’ to read Ozone Season Trading Program’’, by
■ b. In the definition of ‘‘CAIR NOX revising the words ‘‘§ 51.123’’ to read
‘‘§ 51.123(aa)(1) or (2) (and (bb)(1)),
Ozone Season Trading Program’’, by (bb)(2), or (dd)’’; ‘‘§ 51.123(aa)(1) or (2) (and (bb)(1)),
revising the words ‘‘§ 51.123’’ to read ■ d. In the definition of ‘‘CAIR SO2 (bb)(2), or (dd)’’;
‘‘§ 51.123(aa)(1) or (2) (and (bb)(1)), allowance’’ in paragraph (4), by revising ■ d. In the definition of ‘‘CAIR SO2
(bb)(2), or (dd)’’; and the words ‘‘(Program, provisions’’ to Trading Program’’, by revising the
■ c. In the definition of ‘‘CAIR SO2 words ‘‘§ 51.124’’ to read ‘‘§ 51.124(o)(1)
read ‘‘Program, provisions’’.
Trading Program’’, by revising the ■ e. In the definition of ‘‘CAIR SO2 or (2)’’.
words ‘‘§ 51.124’’ to read ‘‘§ 51.124(o)(1) Trading Program’’, by revising the ■ e. In the definition of ‘‘Commence
or (2)’’. words ‘‘§ 51.124’’ to read ‘‘§ 51.124(o)(1) commercial operation’’ in paragraph
§ 96.105 [Amended] or (2)’’. (1)(i), by revising the word ‘‘97.304’’ to
read ‘‘96.304’’.
■ 6. Section 96.105 is amended, in § 96.206 [Amended]
paragraph (a)(1), by revising the words § 96.304 [Amended]
■ 14. Section 96.206 is amended, in
‘‘(subparts BB and EE’’ to read ‘‘subparts
paragraph (c)(4), by revising the words ■ 22. Section 96.304 is amended, in
BB and EE’’.
‘‘subparts FFF and GGG’’ to read paragraph (a)(1), by revising the words
§ 96.115 [Amended] ‘‘subparts FFF, GGG, and III’’. ‘‘part: Any’’ to read ‘‘part: any’’.
■ 7. Section 96.115 is amended, in § 96.215 [Amended] § 96.342 [Amended]
paragraph (c) introductory text, by
revising the words ‘‘Administrator that’’ ■ 15. Section 96.215 is amended, in ■ 23. Section 96.342 is amended, in
to read ‘‘Administrator, that’’. paragraph (c) introductory text, by paragraph (c)(2), by revising the words
revising the words ‘‘Administrator that’’ ‘‘NOX allowances’’ to read ‘‘NOX Ozone
■ 8. The heading for § 96.120 is
to read ‘‘Administrator, that’’. Season allowances’’ and by revising the
amended to read as follows:
§ 96.251 [Amended] words ‘‘February 1 of’’ to read
§ 96.120 General CAIR NOX Annual ‘‘February 1 before’’.
Trading Program permit requirements. ■ 16. Section 96.251 is amended, in
* * * * * paragraph (b)(2) introductory text and § 96.351 [Amended]
paragraph (b)(4) introductory text, by
§ 96.143 [Amended] ■ 24. Section 96.351 is amended, in
revising the words ‘‘representative or
paragraph (b)(2) introductory text and
■ 9. Section 96.143 is amended, in alternate’’ to read ‘‘representative and
paragraph (b)(4) introductory text, by
paragraph (c) introductory text and alternate’’.
revising the words ‘‘representative or
paragraph (c)(2) introductory text, by alternate’’ to read ‘‘representative and
§ 96.254 [Amended]
revising the words ‘‘CAIR NOX alternate’’.
emissions’’ to read ‘‘the CAIR NOX ■ 17. Section 96.254 is amended, in
emissions’’. paragraph (e), by revising the words ‘‘of § 96.371 [Amended]
this section) and’’ to read ‘‘of this
§ 96.151 [Amended] section and’’. ■ 25. Section 96.371 is amended, in
■ 10. Section 96.151 is amended, in paragraph (d)(2), by revising the words
paragraph (b)(2) introductory text and § 96.271 [Amended] ‘‘include: Replacement’’ to read
paragraph (b)(4) introductory text, by ■ 18. Section 96.271 is amended, in ‘‘include: replacement’’.
revising the words ‘‘representative or paragraph (d)(2), by revising the words § 96.384 [Amended]
alternate’’ to read ‘‘representative and ‘‘include: Replacement’’ to read
alternate’’. ‘‘include: replacement’’. ■ 26. Section 96.384 is amended, in
paragraph (c) introductory text, by
§ 96.184 [Amended] § 96.284 [Amended] revising the words ‘‘heat rate’’ to read
■ 11. Section 96.184 is amended, in ■ 19. Section 96.284 is amended, in ‘‘heat input’’.
paragraph (c) introductory text, by paragraph (c) introductory text, by § 96.387 [Amended]
revising the words ‘‘heat rate’’ to read
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Federal Register / Vol. 71, No. 239 / Wednesday, December 13, 2006 / Rules and Regulations 74795
PART 97—[AMENDED] AAAA through IIII’’ to read ‘‘accordance opt-in unit that’’ and by revising the
with subparts AAAA through IIII of part words ‘‘( 97.304’’ to read ‘‘§ 97.304’’.
■ 28. The authority citation for part 97 96’’. [FR Doc. E6–21199 Filed 12–12–06; 8:45 am]
continues to read as follows: BILLING CODE 6560–50–P
§ 97.283 [Amended]
Authority: 42 U.S.C. 7401, 7403, 7410,
7426, 7601, and 7651, et seq. ■ 36. Section 97.283 is amended as
follows: ENVIRONMENTAL PROTECTION
§ 97.102 [Amended]
■ a. In paragraph (a)(2)(iii), by revising AGENCY
■ 29. Section 97.102 is amended as the words ‘‘Is not, and’’ to read ‘‘Is not
follows: and,’’; and 40 CFR Part 180
■ a. In the definition of ‘‘Alternate CAIR ■ b. In paragraph (a)(2)(iv),by revising [EPA–HQ–OPP–2006–0902; FRL–8105–5]
designated representative’’, by revising the words ‘‘stack, and’’ to read ‘‘stack;
the words ‘‘source in accordance’’ to and’’. Clothianidin; Pesticide Tolerances
read ‘‘source, in accordance’’; and
■ b. In the definition of ‘‘CAIR NOX § 97.284 [Amended] AGENCY: Environmental Protection
Ozone Season Trading Program’’, by ■ 37. Section 97.284 is amended as Agency (EPA).
revising the words ‘‘accordance with follows: ACTION: Final rule.
under subparts AAAA through IIII’’ to ■ a. In paragraph (c) introductory text,
read ‘‘accordance with subparts AAAA SUMMARY: This regulation establishes
by revising the words ‘‘heat rate’’ to read
through IIII of part 96’’. tolerances for residues of clothianidin in
‘‘heat input’’;
or on sorghum (grain, forage, and stover)
§ 97.113 [Amended] ■ b. In paragraph (c)(2), by revising the
and cotton (undelinted and gin
words ‘‘unit(s’’ to read ‘‘unit’s’’; and
■ 30. Section 97.113 is amended, in byproducts). Bayer CropScience
■ c. In paragraph (d)(2), by revising the
paragraph (a)(4)(iv), by revising the requested these tolerances under the
words ‘‘and (b)(2)’’ to read ‘‘and (2)’’.
words ‘‘(Where there are’’ to read Federal Food, Drug, and Cosmetic Act
‘‘Where there are’’. § 97.287 [Amended] (FFDCA), as amended by the Food
Quality Protection Act of 1996 (FQPA).
§ 97.143 [Amended] ■ 38. Section 97.287 is amended, in
In addition, this establishes time-limited
paragraph (b)(2)(ii), by revising the
■ 31. Section 97.143 is amended, in tolerances for residues of clothianidin,
words ‘‘CAIR SO2 unit that’’ to read
paragraph (c) introductory text and in or on beet, sugar, roots, and beet,
‘‘CAIR SO2 opt-in unit that’’.
paragraph (c)(2) introductory text, by sugar, tops. This action is in response to
revising the words ‘‘CAIR NOX § 97.302 [Amended] EPA’s granting of an emergency
emissions’’ to read ‘‘the CAIR NOX exemption under section 18 of the
■ 39. Section 97.302 is amended as
emissions’’. Federal Insecticide, Fungicide, and
follows:
Rodenticide Act (FIFRA) authorizing
§ 97.144 [Amended] ■ a. In the definition of ‘‘Alternate CAIR
use of the pesticide on sugar beet seeds.
designated representative’’, by revising
■ 32. Section 97.144 is amended, in This regulation establishes a maximum
the words ‘‘source in accordance’’ to
paragraph (c)(2), by revising the words permissible level for residues of
read ‘‘source, in accordance’’;
‘‘State(s compliance’’ to read ‘‘State’s clothianidin in these food commodities.
■ b. In the definition of ‘‘CAIR NOX
compliance’’. The tolerances for sugar beet
Ozone Season Trading Program’’, by commodities expire and are revoked on
§ 97.184 [Amended] revising the words ‘‘accordance with December 31, 2009. This regulation
■ 33. Section 97.184 is amended, in under subparts AAAA through IIII’’ to establishes tolerances for residues of
paragraph (c) introductory text, by read ‘‘accordance with subparts AAAA clothianidin in or on grapes, potatoes,
revising the words ‘‘heat rate’’ to read through IIII of part 96’’; and potatoes, granules/flakes. Arvesta
■ c. In the definition of ‘‘Reference
‘‘heat input’’. Corporation requested these tolerances
method’’, by revising the words ‘‘( under the FFDCA, as amended by the
§ 97.187 [Amended] 75.22’’ to read ‘‘§ 75.22’’; and Food Quality Protection Act of 1996
■ 34. Section 97.187 is amended, in ■ d. In the definition of ‘‘State’’, by
(FQPA).
paragraph (b)(2)(ii), by revising the revising with words ‘‘( 52.35’’ to read
‘‘§ 52.35’’. DATES: This regulation is effective
words ‘‘CAIR NOX unit that’’ to read
December 13, 2006. Objections and
‘‘CAIR NOX opt-in unit that’’. § 97.371 [Amended] requests for hearings must be received
§ 97.202 [Amended] ■ 40. Section 97.371 is amended, in on or before February 12, 2007, and
■ 35. Section 97.202 is amended as paragraph (d)(2), by revising the words must be filed in accordance with the
follows: ‘‘include: Replacement’’ to read instructions provided in 40 CFR part
■ a. In the definition of ‘‘Alternate CAIR ‘‘include: replacement’’. 178 (see also Unit I.C. of the
designated representative’’, by revising SUPPLEMENTARY INFORMATION).
§ 97.384 [Amended]
the words ‘‘source in accordance’’ to ADDRESSES: EPA has established a
read ‘‘source, in accordance’’; ■ 41. Section 97.384 is amended, in docket for this action under docket
■ b. In the definition of ‘‘CAIR NOX paragraph (c) introductory text, by identification (ID) number EPA–HQ–
Annual Trading Program’’, by revising revising the words ‘‘heat rate’’ to read OPP–2006–0902. All documents in the
the word ‘‘(§ 51.123(p)’’ to read ‘‘heat input’’. docket are listed in the index for the
‘‘§ 51.123(p)’’; and docket. Although listed in the index,
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§ 97.387 [Amended]
■ c. In the definition of ‘‘CAIR NOX some information is not publicly
Ozone Season Trading Program’’, by ■ 42. Section 97.387 is amended, in available, e.g., Confidential Business
revising the word ‘‘(§ 51.123(ee)’’ to read paragraph (b)(2)(ii), by revising the Information (CBI) or other information
‘‘§ 51.123(ee)’’ and by revising the words ‘‘CAIR NOX Ozone Season unit whose disclosure is restricted by statute.
words ‘‘accordance with under subparts that’’ to read ‘‘CAIR NOX Ozone Season Certain other material, such as
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