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56856 Federal Register / Vol. 70, No.

188 / Thursday, September 29, 2005 / Rules and Regulations

that required by state law, it does not of the United States. EPA will submit a FEDERAL COMMUNICATIONS
contain any unfunded mandate or report containing this rule and other COMMISSION
significantly or uniquely affect small required information to the U.S. Senate,
governments, as described in the the U.S. House of Representatives, and 47 CFR Part 15
Unfunded Mandates Reform Act of 1995 the Comptroller General of the United [ET Docket No. 04–37; ET Docket No. 03–
(Public Law 104–4). States prior to publication of the rule in 104; FCC 04–245]
This rule also does not have tribal the Federal Register. A major rule
implications because it will not have a cannot take effect until 60 days after it Broadband Power Line Systems
substantial direct effect on one or more is published in the Federal Register.
Indian tribes, on the relationship This rule is not a ‘‘major rule’’ as AGENCY: Federal Communications
between the Federal Government and defined by 5 U.S.C. 804(2). Commission.
Indian tribes, or on the distribution of ACTION: Final rule; announcement of
Under section 307(b)(1) of the Clean
power and responsibilities between the effective date.
Air Act, petitions for judicial review of
Federal Government and Indian tribes,
this action must be filed in the United SUMMARY: The Commission adopted
as specified by Executive Order 13175
States Court of Appeals for the new requirements and measurement
(65 FR 67249, November 9, 2000). This
appropriate circuit by November 28, guidelines for a new type of carrier
rule also does not have federalism
implications because it does not have 2005. Filing a petition for current system that provides access to
substantial direct effects on the states, reconsideration by the Administrator of broadband services using electric utility
on the relationship between the this final rule does not affect the finality companies over power lines. Certain
National Government and the States, or of this rule for the purposes of judicial rules contained new information
on the distribution of power and review nor does it extend the time collection requirements and were
responsibilities among the various within which a petition for judicial published in the Federal Register on
levels of government, as specified in review may be filed, and shall not January 7, 2005. This document
Executive Order 13132 (64 FR 43255, postpone the effectiveness of such rule announces the effective date of these
August 10, 1999). This rule merely or action. This rule may not be published rules.
approves a state rule implementing a challenged later in proceedings to DATES: The amendments to §§ 15.615(a)
Federal standard, and does not alter the enforce its requirements. (See section through (e) published at 70 FR 1360,
relationship or the distribution of power 307(b)(2).) January 7, 2005, became effective on
and responsibilities established in the List of Subjects 40 CFR Part 62 July 22, 2005.
Clean Air Act. This rule also is not FOR FURTHER INFORMATION CONTACT:
subject to Executive Order 13045 Environmental protection, Air Nancy J. Brooks, Office of Engineering
‘‘Protection of Children from pollution control, Commercial and and Technology, Policy and Rules
Environmental Health Risks and Safety industrial solid waste incineration Division, (202) 418–2454.
Risks’’ (62 FR 19885, April 23, 1997), units, Nitrogen dioxide, Particulate SUPPLEMENTARY INFORMATION: On July
because it is not economically matter, and Sulfur oxides. 22, 2005, the Office of Management and
significant. Dated: September 19, 2005. Budget (OMB) approved the information
In reviewing 111(d)/129 plan
A. Stanley Meiburg, collection requirements contained in
submissions, EPA’s role is to approve
Acting Regional Administrator, Region 4. Sections 15.615(a) through (e) pursuant
state choices, provided that they meet
the criteria of the Clean Air Act. In this to OMB Control No. 3060–1087.
■ Chapter I, title 40 of the Code of Accordingly, the information collection
context, in the absence of a prior Federal Regulation is amended as
existing requirement for the State to use requirements contained in these rules
follows: became effective on February 7, 2005.
voluntary consensus standards (VCS),
EPA has no authority to disapprove a PART 62—[AMENDED] List of Subjects in 47 CFR Part 15
111(d)/129 plan submission for failure
Communications equipment, Radio.
to use VCS. It would thus be ■ 1. The authority citation for part 62
inconsistent with applicable law for Federal Communications Commission.
continues to read as follows:
EPA, when it reviews a 111(d)/129 plan Marlene H. Dortch,
submission, to use VCS in place of a Authority: 42 U.S.C. 7401 et seq.
Secretary.
111(d)/ 129 plan submission that [FR Doc. 05–19515 Filed 9–28–05; 8:45 am]
Subpart II—North Carolina
otherwise satisfies the provisions of the BILLING CODE 6712–01–P
Clean Air Act. Thus, the requirements of
section 12(d) of the National ■ 2. Subpart II is amended by adding an
Technology Transfer and Advancement undesignated center heading and
§ 62.8355 to read as follows: NATIONAL AERONAUTICS AND
Act of 1995 (15 U.S.C. 272 note) do not SPACE ADMINISTRATION
apply. This rule does not impose an Air Emissions From Commercial and
information collection burden under the Industrial Solid Waste Incineration 48 CFR Part 1805
provisions of the Paperwork Reduction (CISWI) Units—Section 111(d)/129 Plan
Act of 1995 (44 U.S.C. 3501 et seq.). RIN 2700–AD18
The Congressional Review Act, 5 § 62.8355 Identification of sources.
Announcement of Contract Awards
U.S.C. 801 et seq., as added by the Small
The Plan applies to existing
Business Regulatory Enforcement AGENCY: National Aeronautics and
Commercial and Industrial Solid Waste
Fairness Act of 1996, generally provides Space Administration.
Incineration Units that Commenced
that before a rule may take effect, the ACTION: Final rule.
Construction On or Before November
agency promulgating the rule must
30, 1999.
submit a rule report, which includes a SUMMARY: This final rule revises the
copy of the rule, to each House of the [FR Doc. 05–19352 Filed 9–28–05; 8:45 am] NASA FAR Supplement (NFS) by
Congress and to the Comptroller General BILLING CODE 6560–50–P amending the anticipated value at

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