Approval and Promulgation of Air Quality Implementation Plans; Minnesota; Revised Format of 40 CFR Part 52 for Materials Being Incorporated by Reference; Correction, 51266 [05-17203]

Download as PDF 51266 Federal Register / Vol. 70, No. 167 / Tuesday, August 30, 2005 / Rules and Regulations excluded, under figure 2–1, paragraph (34)(g), of the Instruction, from further environmental documentation. This event establishes a safety zone; therefore, paragraph (34)(g) of the Instruction applies. A preliminary ‘‘Environmental Analysis Check List’’ is available in the docket where indicated under ADDRESSES. Comments on this section will be considered before we make the final decision on whether the rule should be categorically excluded from further environmental review. List of Subjects in 33 CFR Part 165 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [MN–86–2; FRL–7962–6] Approval and Promulgation of Air Quality Implementation Plans; Minnesota; Revised Format of 40 CFR Part 52 for Materials Being Incorporated by Reference; Correction Environmental Protection Agency (EPA). ACTION: Final rule; correcting amendment. AGENCY: Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR Part 165 as follows: SUMMARY: This document corrects an error in the amendatory instruction in a final rule pertaining to the Revised Format of 40 CFR part 52 for Materials Being Incorporated by Reference for Minnesota. DATES: I PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: I Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 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. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. I 2. A new temporary § 165.T09–108 is added to read as follows: § 165.T09–108 Safety Zone; NY. (a) Location. The following area is a temporary safety zone: all waters of the Niagara River within an 800 foot radius of the fireworks barge moored/anchored in approximate position 43°09′27″ N, 076°20′25″ W (NAD 83). (b) Effective time and date. This section is effective from 10 p.m. (local) until 10:30 p.m. (local) on September 17, 2005. (c) Regulations. In accordance with the general regulations in § 165.23 of this part, entry into this safety zone is prohibited unless authorized by the Coast Guard Captain of the Port Buffalo, or his designated on-scene representative. Dated: August 4, 2005. S.J. Ferguson, Captain, U.S. Coast Guard, Captain of the Port Buffalo. [FR Doc. 05–17159 Filed 8–29–05; 8:45 am] BILLING CODE 4910–15–P VerDate Aug<18>2005 15:13 Aug 29, 2005 Jkt 205001 This final rule is effective on August 30, 2005. FOR FURTHER INFORMATION CONTACT: Christos Panos, Environmental Engineer, Criteria Pollutant Section, Air Programs Branch (AR–18J), U.S. Environmental Protection Agency, Region 5, Chicago, Illinois 60604, (312) 353–8328, or by e-mail at panos.christos@epa.gov. EPA published a document on February 24, 2005 (70 FR 8930) redesignating § 52.1220 as § 52.1222, when § 52.1222 already existed. The intent of the rule was to remove the then existing § 52.1222 titled ‘‘EPA-approved Minnesota State regulations’’ and then redesignate § 52.1220 as § 52.1222. This document corrects the erroneous amendatory language. SUPPLEMENTARY INFORMATION: Correction In the final rule published in the Federal Register on February 24, 2005 (70 FR 8930), on page 8932 the amendatory instruction is corrected. 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. We have determined that there is good cause for making today’s rule final without prior proposal and opportunity for comment because we are merely correcting an incorrect citation in a previous action. Thus, notice and public procedure are unnecessary. We find that this constitutes good cause under 5 U.S.C. 553(b)(B). PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: August 8, 2005. Norman Niedergang, Acting Regional Administrator, Region 5. Part 52 of chapter I, title 40, Code of Federal Regulations, is amended as follows: I PART 52—[AMENDED] 1. The authority for citation for part 52 continues to read as follows: I Authority: 42 U.S.C. 7401 et seq. Subpart Y—Minnesota § 52.1222 [Removed] 2. Section 52.1222 titled ‘‘EPAapproved Minnesota State regulations’’ is removed. I § 52.1220 [Redesignated as § 52.1222] 3. Section 52.1220 is redesignated as § 52.1222 and the section heading and paragraph (a) are revised to read as follows: I § 52.1222 section. Original Identification of plan (a) This section identifies the original ‘‘Air Implementation Plan for the State of Minnesota’’ and all revisions submitted by Minnesota that were federally approved prior to December 1, 2004. * * * * * [FR Doc. 05–17203 Filed 8–29–05; 8:45 am] BILLING CODE 6560–50–U ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 60 and 75 [OAR–2002–0056; FRL–7960–1] RIN 2060–AJ65 Standards of Performance for New and Existing Stationary Sources: Electric Utility Steam Generating Units Environmental Protection Agency (EPA). ACTION: Final rule; corrections. AGENCY: SUMMARY: This action corrects and clarifies certain text of the final rule entitled ‘‘Standards of Performance for New and Existing Stationary Sources: Electric Utility Steam Generating E:\FR\FM\30AUR1.SGM 30AUR1

Agencies

[Federal Register Volume 70, Number 167 (Tuesday, August 30, 2005)]
[Rules and Regulations]
[Page 51266]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-17203]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MN-86-2; FRL-7962-6]


Approval and Promulgation of Air Quality Implementation Plans; 
Minnesota; Revised Format of 40 CFR Part 52 for Materials Being 
Incorporated by Reference; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correcting amendment.

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SUMMARY: This document corrects an error in the amendatory instruction 
in a final rule pertaining to the Revised Format of 40 CFR part 52 for 
Materials Being Incorporated by Reference for Minnesota.

DATES: This final rule is effective on August 30, 2005.

FOR FURTHER INFORMATION CONTACT: Christos Panos, Environmental 
Engineer, Criteria Pollutant Section, Air Programs Branch (AR-18J), 
U.S. Environmental Protection Agency, Region 5, Chicago, Illinois 
60604, (312) 353-8328, or by e-mail at panos.christos@epa.gov.

SUPPLEMENTARY INFORMATION: EPA published a document on February 24, 
2005 (70 FR 8930) redesignating Sec.  52.1220 as Sec.  52.1222, when 
Sec.  52.1222 already existed. The intent of the rule was to remove the 
then existing Sec.  52.1222 titled ``EPA-approved Minnesota State 
regulations'' and then redesignate Sec.  52.1220 as Sec.  52.1222. This 
document corrects the erroneous amendatory language.

Correction

    In the final rule published in the Federal Register on February 24, 
2005 (70 FR 8930), on page 8932 the amendatory instruction is 
corrected. 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. We have determined that 
there is good cause for making today's rule final without prior 
proposal and opportunity for comment because we are merely correcting 
an incorrect citation in a previous action. Thus, notice and public 
procedure are unnecessary. We find that this constitutes good cause 
under 5 U.S.C. 553(b)(B).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: August 8, 2005.
Norman Niedergang,
Acting Regional Administrator, Region 5.

0
Part 52 of chapter I, title 40, Code of Federal Regulations, is amended 
as follows:

PART 52--[AMENDED]

0
1. The authority for citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart Y--Minnesota


Sec.  52.1222  [Removed]

0
2. Section 52.1222 titled ``EPA-approved Minnesota State regulations'' 
is removed.


Sec.  52.1220  [Redesignated as Sec.  52.1222]

0
3. Section 52.1220 is redesignated as Sec.  52.1222 and the section 
heading and paragraph (a) are revised to read as follows:


Sec.  52.1222  Original Identification of plan section.

    (a) This section identifies the original ``Air Implementation Plan 
for the State of Minnesota'' and all revisions submitted by Minnesota 
that were federally approved prior to December 1, 2004.
* * * * *
[FR Doc. 05-17203 Filed 8-29-05; 8:45 am]
BILLING CODE 6560-50-U