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Federal Register / Vol. 71, No.

120 / Thursday, June 22, 2006 / Rules and Regulations 35801

determined that it does not have of Information and Regulatory Affairs Law 107–295, 116 Stat. 2064; Department of
implications for federalism. has not designated it as a significant Homeland Security Delegation No. 0170.1.
energy action. Therefore, it does not ■ 2. A new temporary § 165.T07–110 is
Unfunded Mandates Reform Act
require a Statement of Energy Effects added to read as follows:
The Unfunded Mandates Reform Act under Executive Order 13211.
of 1995 (2 U.S.C. 1531–1538) requires § 165.T07–110 Fireworks Safety Zone;
Federal agencies to assess the effects of Technical Standards Shelter Cove, Hilton Head, SC.
their discretionary regulatory actions. In The National Technology Transfer (a) Regulated area: The Coast Guard is
particular, the Act addresses actions and Advancement Act (NTTAA) (15 establishing a temporary safety zone on
that may result in the expenditure by a U.S.C. 272 note) directs agencies to use the navigable waters of the Upper Broad
State, local, or tribal government, in the voluntary consensus standards in their Creek for a fireworks display. The
aggregate, or by the private sector of regulatory activities unless the agency temporary safety zone covers all waters
$100,000,000 or more in any one year. provides Congress, through the Office of from surface to bottom and extends 800
Though this rule will not result in such Management and Budget, with an feet in all directions from the fireworks
an expenditure, we do discuss the explanation of why using these launch barges located on the Upper
effects of this rule elsewhere in this standards would be inconsistent with Broad Creek, Hilton Head, SC in
preamble. applicable law or otherwise impractical. approximate position 32°11.009′ N
Voluntary consensus standards are 080°43.695′ W.
Taking of Private Property (b) Definitions. The following
technical standards (e.g., specifications
This rule will not effect a taking of of materials, performance, design, or definitions apply to this section:
private property or otherwise have operation; test methods; sampling Designated representative means
taking implications under Executive procedures; and related management Coast Guard Patrol Commanders
Order 12630, Governmental Actions and systems practices) that are developed or including Coat Guard coxswains, petty
Interference with Constitutionally adopted by voluntary consensus officers and other officers operating
Protected Property Rights. standards bodies. Coast Guard vessels, and federal, state,
This rule does not use technical and local officers designated by or
Civil Justice Reform assisting the Captain of the Port
standards. Therefore, we did not
This rule meets applicable standards consider the use of voluntary consensus Charleston (COTP) in the enforcement
in sections 3(a) and 3(b)(2) of Executive standards. of the regulated area.
Order 12988, Civil Justice Reform, to (c) Regulations. In accordance with
minimize litigation, eliminate Environment the general regulations in § 165.23 of
ambiguity, and reduce burden. We have analyzed this rule under this part, anchoring, mooring or
Commandant Instruction M16475.lD transiting in this zone is prohibited,
Protection of Children except as provided for herein, or unless
and Department of Homeland Security
We have analyzed this rule under Management Directive 5100.1, which authorized by the Coast Guard Captain
Executive Order 13045, Protection of guide the Coast Guard in complying of the Port Charleston, South Carolina or
Children from Environmental Health with the National Environmental Policy his designated representative. Persons
Risks and Safety Risks. This rule is not Act of 1969 (NEPA) (42 U.S.C. 4321– and vessels may request permission to
an economically significant rule and 4370f), and have concluded that there enter the safety zone on VHF–FM
does not create an environmental risk to are no factors in this case that would channel 16 or via phone at (843) 724–
health or risk to safety that may limit the use of a categorical exclusion 7616.
disproportionately affect children. under section 2.B.2 of the Instruction. (d) Enforcement Period. This
Therefore, this rule is categorically regulated area will be enforced from
Indian Tribal Governments 8:30 p.m. until 10 p.m. each Tuesday
excluded, under figure 2–1, paragraph
This rule does not have tribal (34)(g), of the Instruction, from further between June 6 and August 22, 2006.
implications under Executive Order (e) Dates. This rule is effective from
environmental documentation. A final
13175, Consultation and Coordination 8:30 p.m. on June 6 until 10 p.m. on
‘‘Environmental Analysis Check List’’
with Indian Tribal Governments, August 22, 2006.
and a final ‘‘Categorical Exclusion
because it does not have a substantial Determination’’ are available in the Dated: May 23, 2006.
direct effect on one or more Indian docket where indicated under John E. Cameron,
tribes, on the relationship between the ADDRESSES. Captain, U.S. Coast Guard, Captain of the
Federal Government and Indian tribes, Port Charleston, SC.
or on the distribution of power and List of Subjects in 33 CFR Part 165
[FR Doc. E6–9867 Filed 6–21–06; 8:45 am]
responsibilities between the Federal Harbors, Marine safety, Navigation BILLING CODE 4910–15–P
Government and Indian tribes. (water), Reporting and recordkeeping
Energy Effects requirements, Security measures,
Waterways. ENVIRONMENTAL PROTECTION
We have analyzed this rule under
■ For the reasons discussed in the AGENCY
Executive Order 13211, Actions
preamble, the Coast Guard amends 33
Concerning Regulations That 40 CFR Part 52
CFR part 165 as follows:
Significantly Affect Energy Supply,
Distribution, or Use. We have [EPA–R04–OAR–2006–0376–200611a; FRL–
PART 165—REGULATED NAVIGATION 8187–1]
determined that it is not a ‘‘significant AREAS AND LIMITED ACCESS AREAS
energy action’’ under that order because
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■ 1. The authority citation for part 165 Approval and Promulgation of


it is not a ‘‘significant regulatory action’’
continues to read as follows: Implementation Plans Alabama: Open
under Executive Order 12866 and is not
Burning Revision
likely to have a significant adverse effect Authority: 33 U.S.C 1226, 1231; 46 U.S.C.
on the supply, distribution, or use of Chapter 701; 50 U.S.C. 191, 195; 33 CFR AGENCY: Environmental Protection
energy. The Administrator of the Office 1.05–1(g), 6.04–1, 6.04–6, and 160.5; Public Agency (EPA).

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35802 Federal Register / Vol. 71, No. 120 / Thursday, June 22, 2006 / Rules and Regulations

ACTION: Direct final rule. comments received will be included in FOR FURTHER INFORMATION CONTACT:
the public docket without change and Stacy DiFrank, Regulatory Development
SUMMARY: EPA is approving revisions to may be made available online at Section, Air Planning Branch, Air,
the Alabama State Implementation Plan http://www.regulations.gov, including Pesticides and Toxics Management
(SIP), submitted by the Alabama any personal information provided, Division, U.S. Environmental Protection
Department of Environmental unless the comment includes Agency, Region 4, 61 Forsyth Street,
Management (ADEM) on March 9, 2006. information claimed to be Confidential SW., Atlanta, Georgia 30303–8960. The
The revisions include modifications to Business Information (CBI) or other telephone number is (404) 562–9042.
Alabama’s open burning rules found at information whose disclosure is Ms. DiFrank can also be reached via
Alabama Administrative Code (AAC) restricted by statute. Do not submit electronic mail at
Chapter 335–3–3–.01. These revisions through http://www.regulations.gov or difrank.stacy@epa.gov.
are part of Alabama’s strategy to meet
e-mail, information that you consider to SUPPLEMENTARY INFORMATION:
the national ambient air quality
be CBI or otherwise protected. The
standards (NAAQS) for fine particulates I. Today’s Action
http://www.regulations.gov Web site is
(PM2.5) and ozone. Open burning
an ‘‘anonymous access’’ system, which On March 9, 2006, ADEM submitted
creates smoke that contains fine
means EPA will not know your identity to EPA proposed SIP revisions for
particles, volatile organic compounds
or contact information unless you review and approval into the Alabama
and nitrogen oxides, precursors to
provide it in the body of your comment. SIP. The proposed revisions include
ozone. ADEM has found that elevated
If you send an e-mail comment directly changes made by the State of Alabama
levels of PM2.5 mirror the months when
to EPA without going through http:// to its open burning regulations, found at
ozone levels are highest (May–
September), and that PM2.5 levels www.regulations.gov, your e-mail AAC Chapter 335–3–3–.01. These rules
remain elevated into October. These address will be automatically captured became state effective on April 4, 2006.
rules are intended to help control levels and included as part of the comment In summary, the revisions submitted
of PM2.5 and ozone precursors that that is placed in the public docket and by ADEM include changes to the
contribute to high ozone and PM2.5 made available on the Internet. If you duration and location of open burning,
levels. This action is being taken submit an electronic comment, EPA and add other specific requirements for
pursuant to section 110 of the Clean Air recommends that you include your open burning for 2006 only. The
Act (CAA). name and other contact information in original provisions that were part of
the body of your comment and with any Chapter 335–3–3–.01(2) still exist, with
DATES: This direct final rule is effective
disk or CD–ROM you submit. If EPA the exception of subpart (d), which was
August 21, 2006 without further notice, cannot read your comment due to
unless EPA receives adverse comment modified to include the month of
technical difficulties and cannot contact October and four additional counties.
by July 24, 2006. If adverse comment is you for clarification, EPA may not be
received, EPA will publish a timely These requirements include expansion
able to consider your comment. of the seasonal May, June, July, August
withdrawal of the direct final rule in the Electronic files should avoid the use of
Federal Register and inform the public and September ban on open burning to
special characters, any form of now include the month of October, and
that the rule will not take effect. encryption, and be free of any defects or
ADDRESSES: Submit your comments,
the additional counties of DeKalb,
viruses. For additional information Etowah, Russell, and Talladega. In
identified by Docket ID Number, ‘‘EPA– about EPA’s public docket visit the EPA
R04–OAR–2006–0376,’’ by one of the addition, a new provision, 335–3–3–
Docket Center homepage at http:// .01(2)(e) was added. The new provision
following methods: www.epa.gov/epahome/dockets.htm.
1. http://www.regulations.gov: Follow also describes additional requirements
the on-line instructions for submitting Docket: All documents in the for open burning during 2006 only,
comments. electronic docket are listed in the which allows open burning during the
2. E-mail: difrank.stacy@epa.gov. http://www.regulations.gov index. months of May, June, July, August,
3. Fax: 404–562–9019. Although listed in the index, some September and October in DeKalb,
4. Mail: ‘‘EPA–R04–OAR–2006– information is not publicly available, Etowah, Russell, and Talladega
0376,’’ Regulatory Development Section, i.e., CBI or other information whose Counties, provided an air curtain
Air Planning Branch, Air, Pesticides and disclosure is restricted by statute. incinerator is used to conduct the open
Toxics Management Division, U.S. Certain other material, such as burning. The proposed revisions
Environmental Protection Agency, copyrighted material, is not placed on summarized above are approvable
Region 4, 61 Forsyth Street, SW., the Internet and will be publicly pursuant to section 110 of the CAA.
Atlanta, Georgia 30303–8960. available only in hard copy form.
Publicly available docket materials are II. Final Action
5. Hand Delivery or Courier: Stacy
DiFrank, Regulatory Development available either electronically in http:// EPA is now taking direct final action
Section, Air Planning Branch, Air, www.regulations.gov or in hard copy at to approve the proposed revisions,
Pesticides and Toxics Management the Regulatory Development Section, specifically, AAC Chapter 335–3–3–.01,
Division 12th floor, U.S. Environmental Air Planning Branch, Air, Pesticides and into the Alabama SIP. This revision was
Protection Agency, Region 4, 61 Forsyth Toxics Management Division, U.S. submitted by ADEM on March 9, 2006.
Street, SW., Atlanta, Georgia 30303– Environmental Protection Agency, These revisions include the entirety of
8960. Such deliveries are only accepted Region 4, 61 Forsyth Street, SW., Alabama’s open burning rules and are
during the Regional Office’s normal Atlanta, Georgia 30303–8960. EPA part of the State’s strategy to meet the
hours of operation. The Regional requests that if at all possible, you NAAQS by reducing emissions of
Office’s official hours of business are contact the person listed in the FOR volatile organic compounds, fine
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Monday through Friday, 8:30 a.m. to FURTHER INFORMATION CONTACT section to particulates and nitrogen oxides.
4:30 p.m., excluding Federal holidays. schedule your inspection. The Regional EPA is publishing this rule without
Instructions: Direct your comments to Office’s official hours of business are prior proposal because the Agency
Docket ID Number, ‘‘EPA–R04–OAR– Monday through Friday, 8:30 a.m. to views this as a noncontroversial
2006–0376.’’ EPA’s policy is that all 4:30 p.m. excluding legal holidays. submittal and anticipates no adverse

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Federal Register / Vol. 71, No. 120 / Thursday, June 22, 2006 / Rules and Regulations 35803

comments. However, in the proposed This rule also does not have tribal copy of the rule, to each House of the
rules section of this Federal Register implications because it will not have a Congress and to the Comptroller General
publication, EPA is publishing a substantial direct effect on one or more of the United States. EPA will submit a
separate document that will serve as the Indian tribes, on the relationship report containing this rule and other
proposal to approve the SIP revision between the Federal Government and required information to the U.S. Senate,
should adverse comments be filed. This Indian tribes, or on the distribution of the U.S. House of Representatives, and
rule will be effective August 21, 2006 power and responsibilities between the the Comptroller General of the United
without further notice unless the Federal Government and Indian tribes, States prior to publication of the rule in
Agency receives adverse comments by as specified by Executive Order 13175 the Federal Register. A major rule
July 24, 2006. (65 FR 67249, November 9, 2000). This cannot take effect until 60 days after it
If EPA receives such comments, EPA action also does not have Federalism is published in the Federal Register.
will then publish a document implications because it does not have This action is not a ‘‘major rule’’ as
withdrawing the direct final rule and substantial direct effects on the states, defined by 5 U.S.C. 804(2).
informing the public that such rule will on the relationship between the national Under section 307(b)(1) of the CAA,
government and the states, or on the petitions for judicial review of this
not take effect. All public comments
distribution of power and action must be filed in the United States
received will then be addressed in a
responsibilities among the various Court of Appeals for the appropriate
subsequent final rule based on the
levels of government, as specified in circuit by August 21, 2006. Filing a
proposed rule. EPA will not institute a
Executive Order 13132 (64 FR 43255, petition for reconsideration by the
second comment period. Parties
August 10, 1999). This action merely Administrator of this final rule does not
interested in commenting should do so
approves a state rule implementing a affect the finality of this rule for the
at this time. If no such comments are
Federal standard, and does not alter the purposes of judicial review nor does it
received, the public is advised that this
relationship or the distribution of power extend the time within which a petition
rule will be effective on August 21, 2006
and responsibilities established in the for judicial review may be filed, and
and no further action will be taken on
CAA. This rule also is not subject to shall not postpone the effectiveness of
the proposed rule. Executive Order 13045, ‘‘Protection of such rule or action. This action may not
III. Statutory and Executive Order Children from Environmental Health be challenged later in proceedings to
Reviews Risks and Safety Risks’’ (62 FR 19885, enforce its requirements. (See section
April 23, 1997), because it is not 307(b)(2)).
Under Executive Order 12866 (58 FR economically significant.
51735, October 4, 1993), this action is In reviewing SIP submissions, EPA’s List of Subjects in 40 CFR Part 52
not a ‘‘significant regulatory action’’ and role is to approve state choices, Environmental protection, Air
therefore is not subject to review by the provided that they meet the criteria of pollution control, Carbon monoxide,
Office of Management and Budget. For the CAA. In this context, in the absence Intergovernmental relations, Nitrogen
this reason, this action is also not of a prior existing requirement for the dioxide, Ozone, Particulate matter,
subject to Executive Order 13211, State to use voluntary consensus Reporting and recordkeeping
‘‘Actions Concerning Regulations That standards (VCS), EPA has no authority requirements, Sulfur oxides, Volatile
Significantly Affect Energy Supply, to disapprove a SIP submission for organic compounds.
Distribution, or Use’’ (66 FR 28355, May failure to use VCS. It would thus be Dated: June 12, 2006.
22, 2001). This action merely approves inconsistent with applicable law for A. Stanley Meiburg,
state law as meeting Federal EPA, when it reviews a SIP submission,
Acting Regional Administrator, Region 4.
requirements and imposes no additional to use VCS in place of a SIP submission
requirements beyond those imposed by that otherwise satisfies the provisions of ■ 40 CFR part 52 is amended as follows:
state law. Accordingly, the the CAA. Thus, the requirements of
Administrator certifies that this rule section 12(d) of the National PART 52—[AMENDED]
will not have a significant economic Technology Transfer and Advancement ■ 1. The authority citation for part 52
impact on a substantial number of small Act of 1995 (15 U.S.C. 272 note) do not continues to read as follows:
entities under the Regulatory Flexibility apply. This rule does not impose an
Authority: 42 U.S.C. 7401 et seq.
Act (5 U.S.C. 601 et seq.). Because this information collection burden under the
rule approves pre-existing requirements provisions of the Paperwork Reduction Subpart B—Alabama
under state law and does not impose Act of 1995 (44 U.S.C. 3501 et seq.).
any additional enforceable duty beyond The Congressional Review Act, U.S.C. ■ 2. Section 52.50(c) is amended by
that required by state law, it does not section 801 et seq., as added by the revising the entry for ‘‘Section 335–3–
contain any unfunded mandate or Small Business Regulatory Enforcement 3.01’’ to read as follows:
significantly or uniquely affect small Fairness Act of 1996, generally provides
governments, as described in the that before a rule may take effect, the § 52.50 Identification of plan.
Unfunded Mandates Reform Act of 1995 agency promulgating the rule must * * * * *
(Pub. L. 104–4). submit a rule report, which includes a (c) * * *

EPA APPROVED ALABAMA REGULATIONS


State effective EPA approval
State citation Title/subject Explanation
date date
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Chapter 335–3–3 Control of Open Burning and Incineration

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35804 Federal Register / Vol. 71, No. 120 / Thursday, June 22, 2006 / Rules and Regulations

EPA APPROVED ALABAMA REGULATIONS—Continued


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

* * * * * * *
Section 335–3–3–.01 Open Burning .................................................................. 04/04/2006 06/22/2006
[Insert citation
of publication]

* * * * * * *

* * * * * SUPPLEMENTARY INFORMATION: EPA is (‘‘the Act’’). The portions of the OCS air
[FR Doc. 06–5598 Filed 6–21–06; 8:45 am] making a correction to the document regulations that are being updated
BILLING CODE 6560–50–P published on May 24, 2006, (71 FR pertain to the requirements for OCS
29786), approving a Kentucky SIP sources for which the Santa Barbara
revision which redesignated the Boyd County Air Pollution Control District,
ENVIRONMENTAL PROTECTION County Area to attainment for SO2. The South Coast Air Quality Management
AGENCY FDMS docket number ‘‘R04–OAR– District, State of California and Ventura
2005–KY–0002’’ was inadvertently County Air Pollution Control District
40 CFR Part 52 stated in the May 24, 2006, document. are the designated COAs. The intended
The FDMS docket number in the effect of approving the requirements
[EPA–R04–OAR–2005–KY–0002–200531(c); heading and the ADDRESSES section on contained in ‘‘Santa Barbara County Air
FRL–8187–4] page 29786 (in columns one and two) of Pollution Control District Requirements
the final rule should read as follows: Applicable to OCS Sources’’ (February,
Approval and Promulgation of ‘‘EPA–R04–OAR–2005–KY–0002.’’ 2006), ‘‘South Coast Air Quality
Implementation Plans and Designation Management District Requirements
of Areas for Air Quality Planning List of Subjects in 40 CFR Part 52
Applicable to OCS Sources’’ (Parts I, II
Purposes; Kentucky; Redesignation of Environmental protection, Air and III) (February, 2006), ‘‘State of
the Boyd County SO2 Nonattainment pollution control, Intergovernmental California Requirements Applicable to
Area; Correction relations, Nitrogen dioxide, Ozone, OCS Sources’’ (February, 2006), and
Particulate matter, Reporting and ‘‘Ventura County Air Pollution Control
AGENCY: Environmental Protection
recordkeeping requirements, Volatile District Requirements Applicable to
Agency (EPA).
organic compounds. OCS Sources’’ (February, 2006) is to
ACTION: Direct final rule; correction.
Authority: 42 U.S.C. 7401 et seq. regulate emissions from OCS sources in
SUMMARY: On May 24, 2006 (71 FR Dated: June 12, 2006. accordance with the requirements
29786), EPA published a direct final A. Stanley Meiburg,
onshore.
document redesignating the Boyd Acting Regional Administrator, Region 4. DATES: Effective Date: This rule is
County, Kentucky area to attainment for [FR Doc. 06–5602 Filed 6–21–06; 8:45 am] effective on July 24, 2006.
SO2. The Federal Docket Management
BILLING CODE 6560–50–P
System (FDMS) docket number was The incorporation by reference of
incorrectly referenced. This document certain publications listed in this rule is
corrects the docket number. approved by the Director of the Federal
ENVIRONMENTAL PROTECTION
DATES: This action is effective June 22, Register as of July 24, 2006.
AGENCY
2006. ADDRESSES: EPA has established docket
ADDRESSES: Copies of the 40 CFR Part 55 number OAR–2006–0091 for this action.
documentation used in the action being [OAR–2004–0091; FRL–8052–3] The index to the docket is available
corrected are available for inspection electronically at http://
during normal business hours at the Outer Continental Shelf Air www.regulations.gov and in hard copy
following location: U.S. Environmental Regulations; Consistency Update for at EPA Region IX, 75 Hawthorne Street,
Protection Agency, Region 4, 61 Forsyth California San Francisco, California. While all
Street, SW., Atlanta, Georgia 30303– documents in the docket are listed in
AGENCY: Environmental Protection
8960. The Regional Office’s official the index, some information may be
Agency (‘‘EPA’’).
hours of business are Monday through publicly available only at the hard copy
ACTION: Final rule—consistency update.
Friday, 8:30 to 4:30, excluding Federal location (e.g., copyrighted material), and
holidays. SUMMARY: EPA is finalizing the updates some may not be publicly available in
FOR FURTHER INFORMATION CONTACT: of the Outer Continental Shelf (‘‘OCS’’) either location (e.g., CBI). To inspect the
Stacy DiFrank, Regulatory Development Air Regulations proposed in the Federal hard copy materials, please schedule an
Section, Air Planning Branch, Air, Register on December 1, 2005 and July appointment during normal business
Pesticides and Toxics Management 6, 2005. Requirements applying to OCS hours with the contact listed in the FOR
Division, U.S. Environmental Protection sources located within 25 miles of FURTHER INFORMATION CONTACT section.
Agency, Region 4, 61 Forsyth Street, states’ seaward boundaries must be
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FOR FURTHER INFORMATION CONTACT:


SW., Atlanta, Georgia 30303–8960. The updated periodically to remain Cynthia Allen, Air Division, U.S. EPA
telephone number is (404) 562–9042. consistent with the requirements of the Region IX, (415) 947–4120,
Ms. DiFrank can also be reached via corresponding onshore area (‘‘COA’’), as allen.cynthia@epa.gov.
electronic mail at mandated by section 328(a)(1) of the
difrank.stacy@epa.gov. Clean Air Act Amendments of 1990 SUPPLEMENTARY INFORMATION:

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