Approval of the Clean Air Act Section 112(l) Program for Hazardous Air Pollutants and Delegation of Authority to the State of Louisiana, 19674-19675 [06-3636]

Download as PDF 19674 Federal Register / Vol. 71, No. 73 / Monday, April 17, 2006 / Proposed Rules determined that it is not a ‘‘significant energy action’’ under that order because it is not a ‘‘significant regulatory action’’ under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. List of Subjects in 33 CFR Part 100 Technical Standards Authority: 33 U.S.C. 1233; Department of Homeland Security Delegation No. 0170.1. The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This proposed rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. cchase on PROD1PC60 with PROPOSALS Environment We have analyzed this proposed rule under Commandant Instruction M16475.lD, which guides the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321–4370f), and have concluded that there are no factors in this case that would limit the use of a categorical exclusion under section 2.B.2 of the Instruction. Therefore, this rule is categorically excluded, under figure 2–1, paragraph (34)(h), of the Instruction, from further environmental documentation. Special local regulations issued in conjunction with a regatta or marine parade permit are specifically excluded from further analysis and documentation under that section. Under figure 2–1, paragraph (34)(h), of the Instruction, an ‘‘Environmental Analysis Check List’’ and a ‘‘Categorical Exclusion Determination’’ are not required for this rule. Comments on this section will be considered before we make the final decision on whether to categorically exclude this rule from further environmental review. VerDate Aug<31>2005 16:08 Apr 14, 2006 Jkt 208001 Marine safety, Navigation (water), Reporting and recordkeeping requirements, Waterways. For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 100 as follows: PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS 1. The authority citation for part 100 continues to read as follows: 2. Add temporary § 100.35–T06–025 to read as follows: § 100.35–T06–025, Mill Creek, Fort Monroe, Hampton, Virginia. (a) Regulated area The regulated area is established for the waters of Mill Creek, adjacent to Fort Monroe, Hampton, Virginia, enclosed by the following boundaries: to the north, a line drawn along latitude 37°01′00″ N., to the east a line drawn along longitude 76°18′30″ W., to the south a line parallel with the shoreline adjacent to Fort Monroe, and the west boundary is parallel with the Route 258—Mercury Boulevard Bridge. All coordinates reference Datum NAD 1983. (b) Definitions. (1) Coast Guard Patrol Commander means a commissioned, warrant, or petty officer of the Coast Guard who has been designated by the Commander, Coast Guard Sector Hampton Roads. (2) Official Patrol means any vessel assigned or approved by Commander, Coast Guard Sector Hampton Roads with a commissioned, warrant, or petty officer on board and displaying a Coast Guard ensign. (3) Participant includes all vessels participating in the ‘‘Hampton Cup Regatta’’ under the auspices of the Marine Event Permit issued to the event sponsor and approved by Commander, Coast Guard Sector Hampton Roads. (c) Special local regulations. (1) Except for event participants and persons or vessels authorized by the Coast Guard Patrol Commander, no person or vessel may enter or remain in the regulated area. (2) The operator of any vessel in the regulated area must: (i) Stop the vessel immediately when directed to do so by any Official Patrol and then proceed only as directed. (ii) All persons and vessels shall comply with the instructions of the Official Patrol. (iii) When authorized to transit the regulated area, all vessels shall proceed at the minimum speed necessary to PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 maintain a safe course that minimizes wake near the race course. (d) Enforcement period. This section will be enforced from 7:30 a.m. to 6:30 p.m. on August 18, 19 and 20, 2006. Dated: April 4, 2006. Larry L. Hereth, Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District. [FR Doc. E6–5605 Filed 4–14–06; 8:45 am] BILLING CODE 4910–15–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 63 [EPA–R06–OAR–2005–LA–0004; FRL–8158– 9] Approval of the Clean Air Act Section 112(l) Program for Hazardous Air Pollutants and Delegation of Authority to the State of Louisiana Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: SUMMARY: The Louisiana Department of Environmental Quality (LDEQ) has submitted a request for receiving delegation of EPA authority for implementation and enforcement of National Emission Standards for Hazardous Air Pollutants (NESHAPs) for all sources (both part 70 and nonpart 70 sources). The requests apply to certain NESHAPs promulgated by EPA, as adopted by LDEQ through July 1, 2004 (40 CFR part 63 standards). The delegation of authority under this action does not apply to sources located in Indian Country. EPA is providing notice that proposes to approve the delegation of certain NESHAPs to LDEQ. DATES: Written comments must be received on or before May 17, 2006. ADDRESSES: Comments may be mailed to Mr. Jeff Robinson, Air Permits Section (6PD–R), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202–2733. Comments may also be submitted electronically or through hand delivery/courier by following the detailed instructions in the Addresses section of the direct final rule located in the final rules section of the Federal Register. FOR FURTHER INFORMATION CONTACT: Mr. Jeff Robinson, Air Permits Section, Multimedia Planning and Permitting Division (6PD–R), U.S. Environmental Protection Agency, Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202– 2733, at (214) 665–6435, or at robinson.jeffrey@epa.gov. E:\FR\FM\17APP1.SGM 17APP1 Federal Register / Vol. 71, No. 73 / Monday, April 17, 2006 / Proposed Rules In the final rules section of this Federal Register, EPA is approving LDEQ’s request for delegation of authority to implement and enforce certain NESHAPs for all sources (both part 70 and non-part 70 sources). LDEQ has adopted certain NESHAPs into Louisiana’s state regulations. In addition, EPA is waiving its notification requirements so sources will only need to send notifications and reports to LDEQ. The EPA is taking direct final action without prior proposal because EPA views this as a non-controversial action and anticipates no adverse comments. A detailed rationale for this approval is set forth in the preamble to the direct final rule. If no adverse comments are received in response to this action rule, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn, and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. For additional information, see the direct final rule which is published in the Rules section of this Federal Register. SUPPLEMENTARY INFORMATION: Authority: 42 U.S.C. 7412. Dated: April 7, 2006. Richard E. Greene, Regional Administrator, Region 6. [FR Doc. 06–3636 Filed 4–14–06; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Parts 222 and 223 [Docket No. 060405097–6097–01; I.D. 033006E] cchase on PROD1PC60 with PROPOSALS RIN 0648–AU10 Sea Turtle Conservation; Modification to Fishing Activities National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. AGENCY: VerDate Aug<31>2005 16:08 Apr 14, 2006 Jkt 208001 Proposed rule; request for comments. ACTION: SUMMARY: NMFS proposes to require that any offshore pound net leader in the Virginia waters of the mainstem Chesapeake Bay, south of 37° 19.0′ N. lat. and west of 76° 13.0′ W. long., and all waters south of 37° 13.0′ N. lat. to the Chesapeake Bay Bridge Tunnel at the mouth of the Chesapeake Bay, and the James and York Rivers downstream of the first bridge in each tributary during the period of May 6 through July 15 meet the definition of a modified pound net leader. Existing regulations prohibit all offshore pound net leaders in that area during that time frame. An offshore pound net leader refers to a leader with the inland end set greater than 10 horizontal feet (3 m) from the mean low water line. This action, taken under the Endangered Species Act of 1973 (ESA), responds to new information generated by gear research. It is intended to conserve sea turtles listed as threatened or endangered while enabling fishermen to use leaders, an important component of pound net gear, during the regulated period. DATES: Comments on this action are requested, and must be received at the appropriate address or fax number (see ADDRESSES) by no later than 5 p.m., eastern daylight time, on May 2, 2006. ADDRESSES: Written comments on this action may be submitted on this proposed rule, identified by RIN 0648– AU10, by any one of the following methods: (1) E-mail: poundnetmodification@noaa.gov. Please include the RIN 0648–AU10 in the subject line of the message. (2) Federal eRulemaking Portal: https://www.regulations.gov. Follow the instruction on the website for submitting comments. (3) NMFS/Northeast Region Website: https://www.nero.noaa.gov/nero/regs/ com.html Follow the instructions on the website for submitting comments. (4) Mail: Mary A. Colligan, Assistant Regional Administrator for Protected Resources, NMFS, Northeast Region, One Blackburn Drive, Gloucester, MA 01930, ATTN: Sea Turtle Conservation Measures, Proposed Rule (5) Facsimile (fax): 978–281–9394, ATTN: Sea Turtle Conservation Measures, Proposed Rule Copies of the Draft Environmental Assessment/Regulatory Impact Review and documents cited in the proposed rule can be obtained from https:// www.nero.noaa.gov/nero/regs/com.html or by writing to Pasquale Scida, NMFS, Northeast Region, One Blackburn Drive, Gloucester, MA 01930. PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 19675 FOR FURTHER INFORMATION CONTACT: Pasquale Scida (ph. 978–281–9208, fax 978–281–9394), or Therese Conant (ph. 301–713–2322, fax 301–427–2522). SUPPLEMENTARY INFORMATION: Background All sea turtles that occur in U.S. waters are listed as either endangered or threatened under the ESA. Kemp′s ridley (Lepidochelys kempii), leatherback (Dermochelys coriacea), and hawksbill (Eretmochelys imbricata) sea turtles are listed as endangered. Loggerhead (Caretta caretta) and green (Chelonia mydas) sea turtles are listed as threatened, except for populations of green turtles in Florida and on the Pacific coast of Mexico, which are listed as endangered. Under the ESA, the term ‘‘take’’ means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect or attempt to engage in any such conduct. The term incidental take refers to takings of endangered and threatened species that result from, but are not the purpose of, an otherwise lawful activity. Under the ESA and its implementing regulations, taking endangered or threatened sea turtles even incidentally - is prohibited, with exceptions identified in 50 CFR 223.206 for threatened sea turtles. The incidental take of endangered species may only legally be authorized by an incidental take statement or an incidental take permit issued pursuant to section 7 or 10 of the ESA, respectively. Spring Sea Turtle Stranding Event High strandings of threatened and endangered sea turtles are documented on Virginia beaches each spring and early summer. The magnitude of this stranding event has increased in recent years. During May and June, total reported Virginia sea turtle strandings were 84 in 1995, 85 in 1996, 164 in 1997, 183 in 1998, 129 in 1999, 161 in 2000, 256 in 2001, 180 in 2002, 312 in 2003, and 192 in 2004. In 2005, preliminary data indicate that 113 dead sea turtles stranded on Virginia beaches during May and June, with most of these occurring during the latter half of June. Strandings have also been elevated in July, generally the first half of the month. From 1996 to 2005, strandings were generally elevated during the first half of July, with an average of 21 strandings documented from July 1 to 15. In the latter half of July, strandings typically decrease; from 1996 to 2005, an average of 10 strandings were documented from July 16 to 31. In 2005, strandings were the lowest recorded since the mid–1990′s. Most of the documented stranded sea turtles in Virginia have been threatened E:\FR\FM\17APP1.SGM 17APP1

Agencies

[Federal Register Volume 71, Number 73 (Monday, April 17, 2006)]
[Proposed Rules]
[Pages 19674-19675]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-3636]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-R06-OAR-2005-LA-0004; FRL-8158-9]


Approval of the Clean Air Act Section 112(l) Program for 
Hazardous Air Pollutants and Delegation of Authority to the State of 
Louisiana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Louisiana Department of Environmental Quality (LDEQ) has 
submitted a request for receiving delegation of EPA authority for 
implementation and enforcement of National Emission Standards for 
Hazardous Air Pollutants (NESHAPs) for all sources (both part 70 and 
non-part 70 sources). The requests apply to certain NESHAPs promulgated 
by EPA, as adopted by LDEQ through July 1, 2004 (40 CFR part 63 
standards). The delegation of authority under this action does not 
apply to sources located in Indian Country. EPA is providing notice 
that proposes to approve the delegation of certain NESHAPs to LDEQ.

DATES: Written comments must be received on or before May 17, 2006.

ADDRESSES: Comments may be mailed to Mr. Jeff Robinson, Air Permits 
Section (6PD-R), Environmental Protection Agency, 1445 Ross Avenue, 
Suite 1200, Dallas, Texas 75202-2733. Comments may also be submitted 
electronically or through hand delivery/courier by following the 
detailed instructions in the Addresses section of the direct final rule 
located in the final rules section of the Federal Register.

FOR FURTHER INFORMATION CONTACT: Mr. Jeff Robinson, Air Permits 
Section, Multimedia Planning and Permitting Division (6PD-R), U.S. 
Environmental Protection Agency, Region 6, 1445 Ross Avenue, Suite 700, 
Dallas, Texas 75202-2733, at (214) 665-6435, or at 
robinson.jeffrey@epa.gov.

[[Page 19675]]


SUPPLEMENTARY INFORMATION: In the final rules section of this Federal 
Register, EPA is approving LDEQ's request for delegation of authority 
to implement and enforce certain NESHAPs for all sources (both part 70 
and non-part 70 sources). LDEQ has adopted certain NESHAPs into 
Louisiana's state regulations. In addition, EPA is waiving its 
notification requirements so sources will only need to send 
notifications and reports to LDEQ.
    The EPA is taking direct final action without prior proposal 
because EPA views this as a non-controversial action and anticipates no 
adverse comments. A detailed rationale for this approval is set forth 
in the preamble to the direct final rule. If no adverse comments are 
received in response to this action rule, no further activity is 
contemplated. If EPA receives adverse comments, the direct final rule 
will be withdrawn, and all public comments received will be addressed 
in a subsequent final rule based on this proposed rule. EPA will not 
institute a second comment period on this action. Any parties 
interested in commenting must do so at this time. Please note that if 
EPA receives adverse comment on an amendment, paragraph, or section of 
this rule and if that provision may be severed from the remainder of 
the rule, EPA may adopt as final those provisions of the rule that are 
not the subject of an adverse comment. For additional information, see 
the direct final rule which is published in the Rules section of this 
Federal Register.

    Authority: 42 U.S.C. 7412.

    Dated: April 7, 2006.
Richard E. Greene,
Regional Administrator, Region 6.
[FR Doc. 06-3636 Filed 4-14-06; 8:45 am]
BILLING CODE 6560-50-P
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