Approval and Promulgation of Implementation Plans; Texas; Memoranda of Understanding Between Texas Department of Transportation and the Texas Commission on Environmental Quality, 73380-73383 [05-23915]
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73380
Federal Register / Vol. 70, No. 237 / Monday, December 12, 2005 / Rules and Regulations
Dated: December 6, 2005.
L.M. Bynum,
Alternate OSD Federal Register Liaison
Officer, DoD.
[FR Doc. 05–23880 Filed 12–9–05; 8:45 am]
BILLING CODE 5001–06–M
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[CGD 11–05–035]
Drawbridge Operation Regulations;
Sacramento River, Isleton, CA
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
AGENCY:
ACTION:
SUMMARY: The Commander, Eleventh
Coast Guard District, has issued a
temporary deviation from the regulation
governing the operation of the CA–160
Highway Drawbridge across the
Sacramento River, mile 18.7, at Isleton,
CA. This deviation allows Caltrans to
perform single leaf operation of the
drawbridge with a 12-hour advance
notification to the Rio Vista drawbridge.
The temporary deviation is necessary to
repair essential operating machinery.
DATES: This deviation is effective from
7 a.m. January 9, 2006 through 6 p.m.
on February 17, 2006.
ADDRESSES: Materials referred to in this
document are available for inspection or
copying at Commander (dpw), Eleventh
Coast Guard District, Building 50–3,
Coast Guard Island, Alameda, CA
94501–5100, between 8 a.m. and 4 p.m.,
Monday through Friday, except Federal
holidays. The telephone number is (510)
437–3515. Commander (dpw), Eleventh
Coast Guard District, maintains the
public docket for this temporary
deviation.
FOR FURTHER INFORMATION CONTACT:
David H. Sulouff, Chief, Bridge Section,
Eleventh Coast Guard District,
telephone (510) 437–3516.
SUPPLEMENTARY INFORMATION: The
California Department of Transportation
has requested to temporarily change the
operating procedures for the CA–160
Highway Drawbridge, mile 18.7,
Sacramento River, at Isleton, CA, to
allow single leaf operation, with a 12hour advance notice to the Rio Vista
Drawbridge, from 7 a.m. January 9, 2006
through 6 p.m. on February 17, 2006, to
repair essential operating machinery.
The drawbridge provides unlimited
vertical clearance in the full open-tonavigation position, and 15 ft. vertical
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15:45 Dec 09, 2005
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clearance above Mean High Water when
closed. As required by 33 CFR 117.189,
the drawbridge opens on signal from
approaching vessels from 6 a.m. to 10
p.m. May 1 through October 31 and
from 9 a.m. to 5 p.m. November 1
through April 30. At all other times the
draw shall open if at least 4-hours
advance notice is given.
Numerous waterway users were
consulted prior to the determination. It
was determined that potential
navigational impacts will be reduced if
the repairs are performed November
through March when there is less
recreational boating traffic. The Coast
Guard approved the deviation effective
from 7 a.m. January 9, 2006 through 6
p.m. on February 17, 2006.
During these times, single leaf
operation of the drawspan will be
permitted, with a 12-hour advance
notice.
The drawspan shall resume normal
operation at the conclusion of the
essential repair work. Mariners should
contact the Rio Vista Drawbridge on
VHF–FM Channel 16 or by telephone at
(707) 374–2134, in advance, to
determine conditions at the bridge and
to make passing arrangements.
In the event of an emergency, the
bridge owner would require 15-hour
advance notice to open both leaves of
the bridge. Vessels that can safely pass
through the closed drawbridge may
continue to do so at any time.
In accordance with 33 CFR 117.35(c),
this work shall be performed with all
due speed to return the drawbridge to
normal operation as soon as possible.
This deviation from the operating
regulations is approved under the
provisions of 33 CFR 117.35.
Dated: November 22, 2005.
Kevin J. Eldridge,
Rear Admiral, U. S. Coast Guard,
Commander, Eleventh Coast Guard District.
[FR Doc. 05–23889 Filed 12–9–05; 8:45 am]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2004–TX–0001; FRL–8007–
5]
Approval and Promulgation of
Implementation Plans; Texas;
Memoranda of Understanding Between
Texas Department of Transportation
and the Texas Commission on
Environmental Quality
Environmental Protection
Agency (EPA).
AGENCY:
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ACTION:
Direct final rule.
SUMMARY: EPA is taking direct final
action to approve a State
Implementation Plan (SIP) revision
submitted by the Texas Commission on
Environmental Quality (TCEQ) on
August 15, 2002. This SIP revision
approves the adoption by reference of a
Memorandum of Understanding (MOU)
between the TCEQ and the Texas
Department of Transportation (TxDOT).
The MOU is adopted into the Texas rule
at 30 TAC, Chapter 7, Section 119
(Section 7.119). This MOU concerns the
coordination of environmental reviews
associated with transportation projects.
The adoption by reference of this MOU
will streamline coordination between
the TCEQ and TxDOT by consolidating
separate MOUs currently in the air and
water regulations. This action is
important to satisfy the need of the
Commission and TxDOT to coordinate
regulatory programs and to ensure that
overlapping areas of responsibility are
clarified. This approval will make the
MOU revised regulations Federally
enforceable.
This rule is effective on February
10, 2006 without further notice, unless
EPA receives adverse comment by
January 11, 2006. If EPA receives such
comment, EPA will publish a timely
withdrawal in the Federal Register
informing the public that this rule will
not take effect.
ADDRESSES: Submit your comments,
identified by Docket No. EPA–R06–
OAR–2004–TX–0001, by one of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• EPA Region 6 ‘‘Contact Us’’ Web
site: https://epa.gov/region6/
r6coment.htm. Please click on ‘‘6PD’’
(Multimedia) and select ‘‘Air’’ before
submitting comments.
• E-mail: Mr. Thomas Diggs at
diggs.thomas@epa.gov. Please also send
a copy by e-mail to the person listed in
the FOR FURTHER INFORMATION CONTACT
section below.
• Fax: Mr. Thomas Diggs, Chief, Air
Planning Section (6PD–L), at fax
number 214–665–7263.
• Mail: Mr. Thomas Diggs, Chief, Air
Planning Section (6PD–L),
Environmental Protection Agency, 1445
Ross Avenue, Suite 1200, Dallas, Texas
75202–2733.
• Hand or Courier Delivery: Mr.
Thomas Diggs, Chief, Air Planning
Section (6PD–L), Environmental
Protection Agency, 1445 Ross Avenue,
Suite 1200, Dallas, Texas 75202–2733.
Such deliveries are accepted only
DATES:
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Federal Register / Vol. 70, No. 237 / Monday, December 12, 2005 / Rules and Regulations
between the hours of 8 a.m. and 4 p.m.
weekdays except for legal holidays.
Special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R06–OAR–2004–
TX–0001. EPA’s policy is that all
comments received will be included in
the public docket without change and
may be made available online at
https://www.regulations.gov, including
any personal information provided,
unless the comment includes
information claimed to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Do not submit
information that you consider to be CBI
or otherwise protected through
www.regulations.gov or e-mail. The
www.regulations.gov Web site is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through
www.regulations.gov your
e-mail address will be automatically
captured and included as part of the
comment that is placed in the public
docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD–ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available docket
materials are available either
electronically in https://
www.regulations.gov or in the official
file, which is available at the Air
Planning Section (6PD–L),
Environmental Protection Agency, 1445
Ross Avenue, Suite 700, Dallas, Texas
75202–2733. The file will be made
available by appointment for public
inspection in the Region 6 FOIA Review
Room between the hours of 8:30 a.m.
and 4:30 p.m. weekdays except for legal
holidays. Contact the person listed in
the FOR FURTHER INFORMATION CONTACT
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paragraph below or Mr. Bill Deese at
214–665–7253 to make an appointment.
If possible, please make the
appointment at least two working days
in advance of your visit. There will be
a 15 cent per page fee for making
photocopies of documents. On the day
of the visit, please check in at the EPA
Region 6 reception area at 1445 Ross
Avenue, Suite 700, Dallas, Texas.
The State submittal is also available
for public inspection at the State Air
Agency listed below during official
business hours by appointment:
Texas Commission on Environmental
Quality, Office of Air Quality, 12124
Park 35 Circle, Austin, Texas 78753.
FOR FURTHER INFORMATION CONTACT:
Alima Patterson, State/Oversight
Section (6PD–O), Environmental
Protection Agency, Region 6, 1445 Ross
Avenue, Suite 700, Dallas, Texas 75202–
2733, telephone (214) 665–7247; fax
number 214–665–7263; e-mail address
patterson.alima@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, whenever
‘‘we’’, ‘‘us’’, or ‘‘our’’ is used, we mean
the EPA.
Outline
I. What Action Is EPA Taking?
II. Why Was This SIP Revision Submitted?
III. What Is the Effect of This Action?
IV. Final Action
V. Statutory and Executive Order Reviews
I. What Action Is EPA Taking?
We are granting direct final approval
to a SIP revision submitted by the State
of Texas which adopts by reference a
MOU between the TCEQ 1 and the
TxDOT. The MOU was adopted into the
Texas Rule at 30 TAC, Chapter 7,
Section 119 (Section 7.119) on April 10,
2002. The provisions of the new Section
7.119 of the MOU as adopted became
effective on May 2, 2002, (See 27 Texas
Register 3560). The approval of this new
Section 7.119 of the State regulation
streamlines coordination between the
Commission and TxDOT by
consolidating separate MOUs currently
in the State air regulations (30 TAC
Section 114.250).
EPA is taking direct final action to
approve the incorporation of this MOU
into the Texas SIP.
1 At the time of the adoption of the MOU, the
TCEQ name was the Texas Natural Resource
Conservation Commission (TNRCC), however, on
September 1, 2002, the TNRCC agency name was
changed to the TCEQ. For further legislative history
on the name-change, please refer to the Act of June
15, 2001, 77th Leg. R.S. Chapter 965, Section 18.01,
2001 Tex. Gen. Laws 1985. The TCEQ may perform
any act for which it was authorized as either the
TNRCC or the Texas Water Commission (TWC).
Therefore, reference to TCEQ are references to
TNRCC and to its successor, TECQ.
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II. Why Was This SIP Revision
Submitted?
The State of Texas adopted the MOU
and a new Section 7.119 and submitted
the revision to EPA for approval into the
SIP on August 22, 2002. The rule and
MOU streamlines coordination between
the TCEQ and TxDOT by consolidating
separate MOUs currently in the air
regulations (30 TAC Section 114.250)
and in water regulations (30 TAC
Section 305.521). The rule adopts by
reference a TxDOT MOU by
consolidating these separate MOUs. The
TCEQ repealed 30 TAC Section 114.250
which previously contained the MOU in
the air regulations. Section 114.250 is
not part of the SIP so no action on its
repeal is necessary by EPA.
The EPA was given the opportunity
during the State’s public participation
process to comment on the proposed
rule and supported the repeal of Section
114.250 and Section 305.521 in favor of
the new Section 7.119.
The provisions of the MOU regarding
the processing of documents are in
compliance with the requirements of the
National Environmental Policy Act. The
MOU establishes periods for review of
documents and ensured coordination
between the agencies on road projects
that could have environmental impacts.
The proposed rule does not represent a
change from current practices, but is
intended to streamline coordination
between the two agencies by
consolidating separate MOU provisions
currently in the air regulations and the
water regulations. There are no fiscal
implications anticipated to State or
Local units of government. Section
7.119 will be re-evaluated each year of
the first five years of the agreement
between TCEQ and TxDOT. The
proposed rule and the MOU satisfies the
need of the commission and TxDOT to
coordinate regulatory programs and to
ensure that overlapping areas of
responsibility are clarified. The rule/
MOU places no requirements on the
regulated community.
Under 40 CFR Part 51.102, the State
is required to provide public
notification and conduct a public
hearing prior to adoption and
submission to EPA any revision under
40 CFR Part 51.104(a). The State
provided for public participation in
accordance with 40 CFR 51.102 and
held a public hearing on November 27,
2001. The State provided in its SIP
submittal a transcript of its public
hearing, notification for the public
hearing, copies of comment received
and their evaluation of comments. The
MOU between TECQ and TxDOT was
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Federal Register / Vol. 70, No. 237 / Monday, December 12, 2005 / Rules and Regulations
adopted on April 10, 2002 and became
effective on May 2, 2002.
This rule incorporates an MOU into
the SIP. The MOU provides for a
streamlined coordination of
environmental reviews associated with
transportation projects between TxDOT
and TCEQ. As such, this rule is
procedural in nature and meets and
complies with the requirements of
section 110(l) of the Clean Air Act.
III. What Is the Effect of This Action?
EPA intends to take direct final action
approving this SIP revision to
incorporate by reference the MOU
between TCEQ and TxDOT. The MOU
will address transportation planning
issues required by TxDOT and the
TCEQ, specifically including processing
of documents required by the National
Environmental Policy Act. The MOU
establishes periods for review of
documents and ensures coordination
between the agencies on road projects
that could have environmental impacts.
IV. Final Action
EPA is approving by the direct final
rulemaking the revision to the Texas SIP
adopting by reference an MOU between
the TCEQ and the TxDOT. The MOU is
adopted into the Texas rule at 30 TAC
Section 7.119 and this rule is being
approved into the SIP. The approval of
this new section of the State regulation
streamlines coordination between the
TCEQ and TxDOT. We have evaluated
the State’s submittal and have
determined that it meets the applicable
requirements of the Clean Air Act.
Therefore, we are approving the request
of TCEQ to revise the SIP and
incorporate by reference the MOU
between the Commission and TxDOT.
EPA is publishing this rule without
prior proposal because we view this as
a noncontroversial amendment and
anticipate no adverse comments.
However, in the proposed rules section
of this Federal Register publication, we
are publishing a separate document that
will serve as the proposal to approve the
SIP revision if adverse comments are
received. This rule will be effective on
February 10, 2006 without further
notice unless we receive adverse
comment by January 11, 2006. If we
receive adverse comments, we will
publish a timely withdrawal in the
Federal Register informing the public
that the rule will not take effect. We will
address all public comments in a
subsequent final rule based on the
proposed rule. We will not institute a
second comment period on this action.
Any parties interested in commenting
must do so now. Please note that if we
receive adverse comment on an
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amendment, paragraph, or section of
this rule and if that provision may be
severed from the remainder of the rule,
we may adopt as final those provisions
of the rule that are not the subject of an
adverse comment.
V. Statutory and Executive Order
Reviews
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
therefore is not subject to review by the
Office of Management and Budget. For
this reason, this action is also not
subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001). This action merely approves
state law as meeting Federal
requirements and imposes no additional
requirements beyond those imposed by
state law.
Accordingly, the Administrator
certifies that this rule will not have a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.). Because this rule
approves pre-existing requirements
under state law and does not impose
any additional enforceable duty beyond
that required by state law, it does not
contain any unfunded mandate or
significantly or uniquely affect small
governments, as described in the
Unfunded Mandates Reform Act of 1995
(Public Law 104–4).
This rule also does not have tribal
implications because it will not have a
substantial direct effect on one or more
Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes,
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000). This
action also does not have federalism
implications because it does not have
substantial direct effects on the States,
on the relationship between the
National Government and the States, or
on the distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). This action merely
approves a state rule implementing a
Federal standard, and does not alter the
relationship or the distribution of power
and responsibilities established in the
Clean Air Act. This rule also is not
subject to Executive Order 13045
‘‘Protection of Children from
Environmental Health Risks and Safety
Risks’’ (62 FR 19885, April 23, 1997),
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because it is not economically
significant.
In reviewing SIP submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
the Clean Air Act. In this context, in the
absence of a prior existing requirement
for the State to use voluntary consensus
standards (VCS), EPA has no authority
to disapprove a SIP submission for
failure to use VCS. It would thus be
inconsistent with applicable law for
EPA, when it reviews a SIP submission,
to use VCS in place of a SIP submission
that otherwise satisfies the provisions of
the Clean Air Act. Thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. This rule does
not impose an information collection
burden under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this rule and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by February 10,
2006. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this rule for the purposes of judicial
review nor does it extend the time
within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Intergovernmental
Relations, Nitrogen oxides, Ozone,
Reporting and recordkeeping
requirements, Volatile Organic
Compounds.
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Federal Register / Vol. 70, No. 237 / Monday, December 12, 2005 / Rules and Regulations
Dated: November 18, 2005.
Richard E. Greene,
Regional Administrator, Region 6.
I
Authority: 42 U.S.C. 7401 et seq.
adding one new entry to the end of the
table to read as follows:
Subpart SS—Texas
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
§ 52.2270
2. In § 52.2270, the table in paragraph
(e) entitled ‘‘EPA approved
nonregulatory provisions and quasiregulatory measures’’ is amended by
I
*
Identification of plan.
*
*
(e) * * *
*
*
EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP
Applicable geographic
or nonattainment area
Name of SIP provision
*
*
*
*
Memorandum of Understanding Between the Statewide .....................
Texas Department of Transportation and the
Texas Natural Resource Conservation Commission.
[FR Doc. 05–23915 Filed 12–9–05; 8:45 am]
BILLING CODE 6560–50–P
State approval/submittal date
EPA approval date
*
08/15/2002
*
12/12/2005 [Insert FR
page number where
document begins].
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
DEPARTMENT OF TRANSPORTATION
50 CFR Part 622
[Docket No. 050314071–5230–02; I.D.
030105E]
National Highway Traffic Safety
Administration
RIN 0648–AS16
49 CFR Part 571
Federal Motor Vehicle Safety
Standards
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Shrimp
Fishery Off the Southern Atlantic
States; Amendment 6
CFR Correction
AGENCY:
In Title 49 of the Code of Federal
Regulations, Parts 400 to 599, revised as
of October 1, 2005, on page 384, in
§ 571.111, add S9.4 to read as follows:
§ 571.111
mirrors.
Standard No. 111; Rearview
*
*
*
*
*
S9.4(a) Each image required by
S9.3(a)(1) to be visible at the driver’s eye
location shall be separated from the
edge of the effective mirror surface of
the mirror providing that image by a
distance of not less than 3 minutes of
arc.
(b) The image required by S9.3(a)(1) of
cylinder P shall meet the following
requirements:
(1) The angular size of the shortest
dimension of that cylinder’s image shall
be not less than 3 minutes of arc; and
(2) The angular size of the longest
dimension of that cylinder’s image shall
be not less than 9 minutes of arc.
*
*
*
*
*
[FR Doc. 05–55519 Filed 12–9–05; 8:45 am]
BILLING CODE 1505–01–D
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National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
SUMMARY: NMFS issues this final rule to
implement Amendment 6 to the Fishery
Management Plan for the Shrimp
Fishery of the South Atlantic Region
(FMP), as prepared and submitted by
the South Atlantic Fishery Management
Council (Council). This final rule
requires an owner or operator of a
trawler that harvests or possesses
penaeid shrimp (brown, pink, or white
shrimp) in or from the exclusive
economic zone (EEZ) off the southern
Atlantic states to obtain a commercial
vessel permit for South Atlantic penaeid
shrimp; requires an owner or operator of
a vessel in the South Atlantic rock
shrimp or penaeid shrimp fishery to
submit catch and effort reports and to
carry an observer on selected trips; and
requires bycatch reduction devices
(BRDs) in nets in the rock shrimp
fishery. In addition, this final rule
removes provisions of the regulations
applicable to other fisheries off the
southern Atlantic states that are no
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Comments
*
longer applicable and makes minor
corrections. Amendment 6 also
establishes stock status determination
criteria for South Atlantic penaeid
shrimp; revises the specifications of
maximum sustainable yield (MSY) and
optimum yield (OY) for South Atlantic
rock shrimp; revises the stock status
determination criteria for South Atlantic
rock shrimp; revises the bycatch
reduction criterion for the certification
of BRDs; and transfers from the Council
to the Regional Administrator,
Southeast Region, NMFS (RA),
responsibilities for the specification of
the protocol for testing BRDs. In
addition, NMFS informs the public of
the approval by the Office of
Management and Budget (OMB) of the
collection-of-information requirements
contained in this final rule and
publishes the OMB control numbers for
those collections. The intended effects
of this rule are to provide additional
information for, and improve the
effective management of, the shrimp
fisheries off the southern Atlantic states
and to correct and clarify the regulations
applicable to other southern Atlantic
fisheries.
This final rule is effective
January 11, 2006, except for
§ 622.4(a)(2)(xiii) which is effective
April 11, 2006.
ADDRESSES: Copies of Final Regulatory
Flexibility Analysis (FRFA) and
Regulatory Impact Review (RIR) are
available from NMFS, Southeast
Regional Office, 263 13th Avenue
South, St. Petersburg, FL 33701;
telephone 727–824–5305; fax 727–824–
5308.
Comments regarding the burden-hour
estimates or other aspects of the
collection-of-information requirements
DATES:
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Agencies
[Federal Register Volume 70, Number 237 (Monday, December 12, 2005)]
[Rules and Regulations]
[Pages 73380-73383]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-23915]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2004-TX-0001; FRL-8007-5]
Approval and Promulgation of Implementation Plans; Texas;
Memoranda of Understanding Between Texas Department of Transportation
and the Texas Commission on Environmental Quality
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action to approve a State
Implementation Plan (SIP) revision submitted by the Texas Commission on
Environmental Quality (TCEQ) on August 15, 2002. This SIP revision
approves the adoption by reference of a Memorandum of Understanding
(MOU) between the TCEQ and the Texas Department of Transportation
(TxDOT). The MOU is adopted into the Texas rule at 30 TAC, Chapter 7,
Section 119 (Section 7.119). This MOU concerns the coordination of
environmental reviews associated with transportation projects. The
adoption by reference of this MOU will streamline coordination between
the TCEQ and TxDOT by consolidating separate MOUs currently in the air
and water regulations. This action is important to satisfy the need of
the Commission and TxDOT to coordinate regulatory programs and to
ensure that overlapping areas of responsibility are clarified. This
approval will make the MOU revised regulations Federally enforceable.
DATES: This rule is effective on February 10, 2006 without further
notice, unless EPA receives adverse comment by January 11, 2006. If EPA
receives such comment, EPA will publish a timely withdrawal in the
Federal Register informing the public that this rule will not take
effect.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2004-TX-0001, by one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the on-line instructions for submitting comments.
EPA Region 6 ``Contact Us'' Web site: https://epa.gov/
region6/r6coment.htm. Please click on ``6PD'' (Multimedia) and select
``Air'' before submitting comments.
E-mail: Mr. Thomas Diggs at diggs.thomas@epa.gov. Please
also send a copy by e-mail to the person listed in the FOR FURTHER
INFORMATION CONTACT section below.
Fax: Mr. Thomas Diggs, Chief, Air Planning Section (6PD-
L), at fax number 214-665-7263.
Mail: Mr. Thomas Diggs, Chief, Air Planning Section (6PD-
L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202-2733.
Hand or Courier Delivery: Mr. Thomas Diggs, Chief, Air
Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross
Avenue, Suite 1200, Dallas, Texas 75202-2733. Such deliveries are
accepted only
[[Page 73381]]
between the hours of 8 a.m. and 4 p.m. weekdays except for legal
holidays. Special arrangements should be made for deliveries of boxed
information.
Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2004-TX-0001. EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at https://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through
www.regulations.gov or e-mail. The www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the docket are listed in the https://
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in https://www.regulations.gov or in the official file, which is
available at the Air Planning Section (6PD-L), Environmental Protection
Agency, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733. The file
will be made available by appointment for public inspection in the
Region 6 FOIA Review Room between the hours of 8:30 a.m. and 4:30 p.m.
weekdays except for legal holidays. Contact the person listed in the
FOR FURTHER INFORMATION CONTACT paragraph below or Mr. Bill Deese at
214-665-7253 to make an appointment. If possible, please make the
appointment at least two working days in advance of your visit. There
will be a 15 cent per page fee for making photocopies of documents. On
the day of the visit, please check in at the EPA Region 6 reception
area at 1445 Ross Avenue, Suite 700, Dallas, Texas.
The State submittal is also available for public inspection at the
State Air Agency listed below during official business hours by
appointment:
Texas Commission on Environmental Quality, Office of Air Quality,
12124 Park 35 Circle, Austin, Texas 78753.
FOR FURTHER INFORMATION CONTACT: Alima Patterson, State/Oversight
Section (6PD-O), Environmental Protection Agency, Region 6, 1445 Ross
Avenue, Suite 700, Dallas, Texas 75202-2733, telephone (214) 665-7247;
fax number 214-665-7263; e-mail address patterson.alima@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we'',
``us'', or ``our'' is used, we mean the EPA.
Outline
I. What Action Is EPA Taking?
II. Why Was This SIP Revision Submitted?
III. What Is the Effect of This Action?
IV. Final Action
V. Statutory and Executive Order Reviews
I. What Action Is EPA Taking?
We are granting direct final approval to a SIP revision submitted
by the State of Texas which adopts by reference a MOU between the TCEQ
\1\ and the TxDOT. The MOU was adopted into the Texas Rule at 30 TAC,
Chapter 7, Section 119 (Section 7.119) on April 10, 2002. The
provisions of the new Section 7.119 of the MOU as adopted became
effective on May 2, 2002, (See 27 Texas Register 3560). The approval of
this new Section 7.119 of the State regulation streamlines coordination
between the Commission and TxDOT by consolidating separate MOUs
currently in the State air regulations (30 TAC Section 114.250).
---------------------------------------------------------------------------
\1\ At the time of the adoption of the MOU, the TCEQ name was
the Texas Natural Resource Conservation Commission (TNRCC), however,
on September 1, 2002, the TNRCC agency name was changed to the TCEQ.
For further legislative history on the name-change, please refer to
the Act of June 15, 2001, 77th Leg. R.S. Chapter 965, Section 18.01,
2001 Tex. Gen. Laws 1985. The TCEQ may perform any act for which it
was authorized as either the TNRCC or the Texas Water Commission
(TWC). Therefore, reference to TCEQ are references to TNRCC and to
its successor, TECQ.
---------------------------------------------------------------------------
EPA is taking direct final action to approve the incorporation of
this MOU into the Texas SIP.
II. Why Was This SIP Revision Submitted?
The State of Texas adopted the MOU and a new Section 7.119 and
submitted the revision to EPA for approval into the SIP on August 22,
2002. The rule and MOU streamlines coordination between the TCEQ and
TxDOT by consolidating separate MOUs currently in the air regulations
(30 TAC Section 114.250) and in water regulations (30 TAC Section
305.521). The rule adopts by reference a TxDOT MOU by consolidating
these separate MOUs. The TCEQ repealed 30 TAC Section 114.250 which
previously contained the MOU in the air regulations. Section 114.250 is
not part of the SIP so no action on its repeal is necessary by EPA.
The EPA was given the opportunity during the State's public
participation process to comment on the proposed rule and supported the
repeal of Section 114.250 and Section 305.521 in favor of the new
Section 7.119.
The provisions of the MOU regarding the processing of documents are
in compliance with the requirements of the National Environmental
Policy Act. The MOU establishes periods for review of documents and
ensured coordination between the agencies on road projects that could
have environmental impacts. The proposed rule does not represent a
change from current practices, but is intended to streamline
coordination between the two agencies by consolidating separate MOU
provisions currently in the air regulations and the water regulations.
There are no fiscal implications anticipated to State or Local units of
government. Section 7.119 will be re-evaluated each year of the first
five years of the agreement between TCEQ and TxDOT. The proposed rule
and the MOU satisfies the need of the commission and TxDOT to
coordinate regulatory programs and to ensure that overlapping areas of
responsibility are clarified. The rule/MOU places no requirements on
the regulated community.
Under 40 CFR Part 51.102, the State is required to provide public
notification and conduct a public hearing prior to adoption and
submission to EPA any revision under 40 CFR Part 51.104(a). The State
provided for public participation in accordance with 40 CFR 51.102 and
held a public hearing on November 27, 2001. The State provided in its
SIP submittal a transcript of its public hearing, notification for the
public hearing, copies of comment received and their evaluation of
comments. The MOU between TECQ and TxDOT was
[[Page 73382]]
adopted on April 10, 2002 and became effective on May 2, 2002.
This rule incorporates an MOU into the SIP. The MOU provides for a
streamlined coordination of environmental reviews associated with
transportation projects between TxDOT and TCEQ. As such, this rule is
procedural in nature and meets and complies with the requirements of
section 110(l) of the Clean Air Act.
III. What Is the Effect of This Action?
EPA intends to take direct final action approving this SIP revision
to incorporate by reference the MOU between TCEQ and TxDOT. The MOU
will address transportation planning issues required by TxDOT and the
TCEQ, specifically including processing of documents required by the
National Environmental Policy Act. The MOU establishes periods for
review of documents and ensures coordination between the agencies on
road projects that could have environmental impacts.
IV. Final Action
EPA is approving by the direct final rulemaking the revision to the
Texas SIP adopting by reference an MOU between the TCEQ and the TxDOT.
The MOU is adopted into the Texas rule at 30 TAC Section 7.119 and this
rule is being approved into the SIP. The approval of this new section
of the State regulation streamlines coordination between the TCEQ and
TxDOT. We have evaluated the State's submittal and have determined that
it meets the applicable requirements of the Clean Air Act. Therefore,
we are approving the request of TCEQ to revise the SIP and incorporate
by reference the MOU between the Commission and TxDOT.
EPA is publishing this rule without prior proposal because we view
this as a noncontroversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the SIP revision if adverse comments
are received. This rule will be effective on February 10, 2006 without
further notice unless we receive adverse comment by January 11, 2006.
If we receive adverse comments, we will publish a timely withdrawal in
the Federal Register informing the public that the rule will not take
effect. We will address all public comments in a subsequent final rule
based on the proposed rule. We will not institute a second comment
period on this action. Any parties interested in commenting must do so
now. Please note that if we receive adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, we may adopt as final those provisions
of the rule that are not the subject of an adverse comment.
V. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not
have a significant economic impact on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
Because this rule approves pre-existing requirements under state law
and does not impose any additional enforceable duty beyond that
required by state law, it does not contain any unfunded mandate or
significantly or uniquely affect small governments, as described in the
Unfunded Mandates Reform Act of 1995 (Public Law 104-4).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the National Government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. This rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by February 10, 2006. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
Relations, Nitrogen oxides, Ozone, Reporting and recordkeeping
requirements, Volatile Organic Compounds.
[[Page 73383]]
Dated: November 18, 2005.
Richard E. Greene,
Regional Administrator, Region 6.
0
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart SS--Texas
0
2. In Sec. 52.2270, the table in paragraph (e) entitled ``EPA approved
nonregulatory provisions and quasi-regulatory measures'' is amended by
adding one new entry to the end of the table to read as follows:
Sec. 52.2270 Identification of plan.
* * * * *
(e) * * *
EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
----------------------------------------------------------------------------------------------------------------
Applicable
Name of SIP provision geographic or State approval/ EPA approval date Comments
nonattainment area submittal date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Memorandum of Understanding Statewide.......... 08/15/2002 12/12/2005 [Insert ...................
Between the Texas Department of FR page number
Transportation and the Texas where document
Natural Resource Conservation begins].
Commission.
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[FR Doc. 05-23915 Filed 12-9-05; 8:45 am]
BILLING CODE 6560-50-P