Compensatory Mitigation for Losses of Aquatic Resources, 29604-29605 [E6-7837]

Download as PDF 29604 Federal Register / Vol. 71, No. 99 / Tuesday, May 23, 2006 / Proposed Rules Regulatory Flexibility Act The Department of the Interior 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.). The State submittal that is the subject of this rule is based on counterpart Federal regulations for which an economic analysis was prepared and certification made that such regulations would not have a significant economic effect upon a substantial number of small entities. In making the determination as to whether this rule would have a significant economic impact, the Department relied upon the data and assumptions for the counterpart Federal regulations. Small Business Regulatory Enforcement Fairness Act This rule is not a major rule under 5 U.S.C. 804(2), the Small Business Regulatory Enforcement Fairness Act. This rule: (a) Does not have an annual effect on the economy of $100 million; (b) Will not cause a major increase in costs or prices for consumers, individual industries, geographic regions, or Federal, State or local governmental agencies; and (c) Does not have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete with foreign-based enterprises. This determination is based upon the fact that the State submittal, which is the subject of this rule, is based upon counterpart Federal regulations for which an analysis was prepared and a determination made that the Federal regulation was not considered a major rule. rmajette on PROD1PC67 with PROPOSALS Unfunded Mandates This rule will not impose an unfunded mandate on State, local, or tribal governments or the private sector of $100 million or more in any given year. This determination is based upon the fact that the State submittal, which is the subject of this rule, is based upon counterpart Federal regulations for which an analysis was prepared and a determination made that the Federal regulation did not impose an unfunded mandate. List of Subjects in 30 CFR Part 938 Intergovernmental relations, Surface mining, Underground mining. VerDate Aug<31>2005 16:25 May 22, 2006 Jkt 208001 Dated: April 21, 2006. H. Vann Weaver, Acting Regional Director, Appalachian Region. [FR Doc. E6–7815 Filed 5–22–06; 8:45 am] BILLING CODE 4310–05–P DEPARTMENT OF DEFENSE Department of the Army; Corps of Engineers 33 CFR Parts 325 and 332 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 230 [EPA–HQ–OW–2006–0020; FRL–8173–4] RIN 0710–AA55 Compensatory Mitigation for Losses of Aquatic Resources AGENCIES: U.S. Army Corps of Engineers, DoD; and Environmental Protection Agency. ACTION: Proposed rule; extension of comment period. SUMMARY: On March 28, 2006, the U.S. Army Corps of Engineers (the Corps) and the Environmental Protection Agency (EPA) published a proposed rule to revise regulations governing compensatory mitigation for activities authorized by permits issued by the Department of the Army. The Corps and EPA announce the extension of the public comment period for this proposed rule until June 30, 2006. The 30-day extension of the comment period is a result of requests from a number of entities to allow more time to comment on the proposed rule. Comments previously submitted need not be resubmitted, as they have already been incorporated into the public record and will be fully considered in the final rule. DATES: Public comments are now due by June 30, 2006. ADDRESSES: You may submit comments, identified by docket number EPA–HQ– OW–2006–0020 and/or RIN 0710– AA55, by any of the following methods: • Federal eRulemaking Portal (recommended method of comment submission): http:// www.regulations.gov. Follow the on-line instructions for submitting comments. • E-mail: ow-docket@epamail.epa.gov. Include the docket number, EPA–HQ–OW– 2006–0020, and/or the RIN number, 0710–AA55, in the subject line of the message. PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 • Mail: USEPA Docket Center, Attention Docket Number EPA–HQ– OW–2006–0020, 1200 Pennsylvania Ave., NW., Washington, DC 20460. • Hand Delivery: USEPA Docket Center, Room B102, EPA West, Attention: Docket Number EPA–HQ– OW–2006–0020, 1301 Constitution Ave., NW., Washington, DC 20004. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Instructions for submitting comments are provided in the proposed rule published on March 28, 2006 (71 FR 15520). Consideration will be given to all comments received by June 30, 2006. Mr. David Olson at 202–761–4922 or by email at david.b.olson@usace.army.mil, or Mr. Palmer Hough at 202–566–8323 or by e-mail at mitigationrule@epa.gov. Information can also be found at the EPA compensatory mitigation Web page at: http://www.epa.gov/ wetlandsmitigation. FOR FURTHER INFORMATION CONTACT: In the March 28, 2006, issue of the Federal Register (71 FR 15520), the Corps and EPA published a proposed rule revising regulations governing compensatory mitigation for activities authorized by permits issued by the Department of the Army. The proposed regulations are intended to establish performance standards and criteria for the use of permittee-responsible compensatory mitigation and mitigation banks, and to improve the quality and success of compensatory mitigation projects for activities authorized by Department of the Army permits. The proposed regulations are also intended to account for regional variations in aquatic resource types, functions, and values, and apply equivalent standards to each type of compensatory mitigation to the maximum extent practicable. The proposed rule includes a watershed approach to improve the quality and success of compensatory mitigation projects in replacing losses of aquatic resource functions, services, and values resulting from activities authorized by Department of the Army permits. Several entities have requested an extension of the comment period for the proposed rule. The Corps and EPA find that a 30-day extension of the comment period for this proposed rule is warranted. Therefore, the comment period for this proposed rule is extended until June 30, 2006. SUPPLEMENTARY INFORMATION: E:\FR\FM\23MYP1.SGM 23MYP1 Federal Register / Vol. 71, No. 99 / Tuesday, May 23, 2006 / Proposed Rules Dated: May 16, 2006. John Paul Woodley, Jr., Assistant Secretary of the Army (Civil Works), Department of the Army. Dated: May 15, 2006. Benjamin H. Grumbles, Assistant Administrator, Office of Water, U.S. Environmental Protection Agency. [FR Doc. E6–7837 Filed 5–22–06; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R05–OAR–2006–0002; FRL–8166–8] Approval and Promulgation of Air Quality Implementation Plans; Indiana Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: rmajette on PROD1PC67 with PROPOSALS SUMMARY: The EPA is proposing to approve revisions to the Indiana particulate matter (PM10) State Implementation Plan (SIP). On December 15, 2005, Indiana requested revisions for sources at the ASF Keystone, Inc. (Keystone) coil spring manufacturing facility in Lake County, Indiana. The requested revisions will increase the PM10 emission limit for one unit and reduce the limits for two units. The changes result in a net decrease in the allowable emissions. The emission limits for a fourth unit that has shut down are also being removed. Indiana also requested removing the process weight rate limits and using pounds of PM10 per hour (lb/hr) as the short-term VerDate Aug<31>2005 15:11 May 22, 2006 Jkt 208001 emission limit. The maximum permissible PM10 emissions will not increase after removing the process weight rate limits because of the net decrease in short-term emission limits. DATES: Written comments must be received on or before June 22, 2006. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R05– OAR–2006–0002, by one of the following methods: • http://www.regulations.gov: Follow the on-line instructions for submitting comments. • E-mail: mooney.john@epa.gov. • Fax: (312) 886–5824. • Mail: John M. Mooney, Chief, Criteria Pollutant Section, Air Programs Branch, (AR–18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. • Hand Delivery: John M. Mooney, Chief, Criteria Pollutant Section, Air Programs Branch, (AR–18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such deliveries are only accepted during the Regional Office’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. The Regional Office’s official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m. excluding Federal holidays. Please see the direct final rule which is located in the Rules section of this Federal Register for detailed instructions on how to submit comments. Matt Rau, Environmental Engineer, Criteria FOR FURTHER INFORMATION CONTACT: PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 29605 Pollutant Section, Air Programs Branch (AR–18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886–6524, rau.matthew@epa.gov. In the Final Rules section of this Federal Register, EPA is approving the State’s SIP submittal as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this 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. Any parties interested in commenting on this action should 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 located in the Rules section of this Federal Register. SUPPLEMENTARY INFORMATION: Dated: April 20, 2006. Norman Niedergang, Acting Regional Administrator, Region 5. [FR Doc. 06–4764 Filed 5–22–06; 8:45 am] BILLING CODE 6560–50–P E:\FR\FM\23MYP1.SGM 23MYP1

Agencies

[Federal Register Volume 71, Number 99 (Tuesday, May 23, 2006)]
[Proposed Rules]
[Pages 29604-29605]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-7837]


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DEPARTMENT OF DEFENSE

Department of the Army; Corps of Engineers

33 CFR Parts 325 and 332

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 230

[EPA-HQ-OW-2006-0020; FRL-8173-4]
RIN 0710-AA55


Compensatory Mitigation for Losses of Aquatic Resources

AGENCIES: U.S. Army Corps of Engineers, DoD; and Environmental 
Protection Agency.

ACTION: Proposed rule; extension of comment period.

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SUMMARY: On March 28, 2006, the U.S. Army Corps of Engineers (the 
Corps) and the Environmental Protection Agency (EPA) published a 
proposed rule to revise regulations governing compensatory mitigation 
for activities authorized by permits issued by the Department of the 
Army. The Corps and EPA announce the extension of the public comment 
period for this proposed rule until June 30, 2006. The 30-day extension 
of the comment period is a result of requests from a number of entities 
to allow more time to comment on the proposed rule. Comments previously 
submitted need not be resubmitted, as they have already been 
incorporated into the public record and will be fully considered in the 
final rule.

DATES: Public comments are now due by June 30, 2006.

ADDRESSES: You may submit comments, identified by docket number EPA-HQ-
OW-2006-0020 and/or RIN 0710-AA55, by any of the following methods:
     Federal eRulemaking Portal (recommended method of comment 
submission): http://www.regulations.gov. Follow the on-line 
instructions for submitting comments.
     E-mail: ow-docket@epamail.epa.gov. Include the docket 
number, EPA-HQ-OW-2006-0020, and/or the RIN number, 0710-AA55, in the 
subject line of the message.
     Mail: USEPA Docket Center, Attention Docket Number EPA-HQ-
OW-2006-0020, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
     Hand Delivery: USEPA Docket Center, Room B102, EPA West, 
Attention: Docket Number EPA-HQ-OW-2006-0020, 1301 Constitution Ave., 
NW., Washington, DC 20004. Such deliveries are only accepted during the 
Docket's normal hours of operation, and special arrangements should be 
made for deliveries of boxed information.
    Instructions: Instructions for submitting comments are provided in 
the proposed rule published on March 28, 2006 (71 FR 15520). 
Consideration will be given to all comments received by June 30, 2006.

FOR FURTHER INFORMATION CONTACT: Mr. David Olson at 202-761-4922 or by 
e-mail at david.b.olson@usace.army.mil, or Mr. Palmer Hough at 202-566-
8323 or by e-mail at mitigationrule@epa.gov. Information can also be 
found at the EPA compensatory mitigation Web page at: http://
www.epa.gov/wetlandsmitigation.

SUPPLEMENTARY INFORMATION: In the March 28, 2006, issue of the Federal 
Register (71 FR 15520), the Corps and EPA published a proposed rule 
revising regulations governing compensatory mitigation for activities 
authorized by permits issued by the Department of the Army. The 
proposed regulations are intended to establish performance standards 
and criteria for the use of permittee-responsible compensatory 
mitigation and mitigation banks, and to improve the quality and success 
of compensatory mitigation projects for activities authorized by 
Department of the Army permits. The proposed regulations are also 
intended to account for regional variations in aquatic resource types, 
functions, and values, and apply equivalent standards to each type of 
compensatory mitigation to the maximum extent practicable. The proposed 
rule includes a watershed approach to improve the quality and success 
of compensatory mitigation projects in replacing losses of aquatic 
resource functions, services, and values resulting from activities 
authorized by Department of the Army permits.
    Several entities have requested an extension of the comment period 
for the proposed rule. The Corps and EPA find that a 30-day extension 
of the comment period for this proposed rule is warranted. Therefore, 
the comment period for this proposed rule is extended until June 30, 
2006.


[[Page 29605]]


    Dated: May 16, 2006.
John Paul Woodley, Jr.,
Assistant Secretary of the Army (Civil Works), Department of the Army.

    Dated: May 15, 2006.
Benjamin H. Grumbles,
Assistant Administrator, Office of Water, U.S. Environmental Protection 
Agency.
 [FR Doc. E6-7837 Filed 5-22-06; 8:45 am]
BILLING CODE 6560-50-P