Approval and Promulgation of Implementation Plans Alabama: Open Burning Revision, 35856-35857 [06-5597]

Download as PDF 35856 Federal Register / Vol. 71, No. 120 / Thursday, June 22, 2006 / Proposed Rules Energy Effects We have analyzed this proposed rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have 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. Technical Standards 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. mstockstill on PROD1PC68 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 made a preliminary determination 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, we believe that this rule should be categorically excluded, under figure 2–1, paragraph (34)(g), of the Instruction, from further environmental documentation. This rule establishes a safety zone. 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 this rule should be categorically excluded from further environmental review. VerDate Aug<31>2005 15:29 Jun 21, 2006 Jkt 208001 List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: 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; Public Law 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 2. Add § 165.T05–062 to read as follows: § 165.T05–062 Safety Zone; Patapsco River, Northwest and Inner Harbors, Baltimore, MD. (a) Definitions. For the purposes of this section: (1) Captain of the Port, Baltimore, Maryland means the Commander, Coast Guard Sector Baltimore or any Coast Guard commissioned, warrant, or petty officer who has been authorized by the Captain of the Port, Baltimore, Maryland to act on his or her behalf. (2) USS CONSTELLATION ‘‘turnaround’’ participants means the USS CONSTELLATION, its support craft and the accompanying towing vessels. (b) Location. The following area is a moving safety zone: all waters within 200 yards ahead of or 100 yards outboard or aft of the historic Sloop-ofWar USS CONSTELLATION, surface to bottom, while operating in the Inner Harbor, the Northwest Harbor and the Patapsco River. (c) Regulations. (1) The general regulations governing safety zones, found in Sec. 165.23, apply to the safety zone described in paragraph (b) of this section. (2) With the exception of USS CONSTELLATION ‘‘turn-around’’ participants, entry into or remaining in this zone is prohibited, unless authorized by the Captain of the Port, Baltimore, Maryland. (3) Persons or vessels requiring entry into or passage through the moving safety zone must first request authorization from the Captain of the Port, Baltimore, Maryland to seek permission to transit the area. The Captain of the Port, Baltimore, Maryland can be contacted at telephone number (410) 576–2693. The Coast Guard vessels enforcing this section can be contacted on Marine Band Radio VHF Channel 16 (156.8 MHz). Upon being PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 hailed by a U.S. Coast Guard vessel by siren, radio, flashing light, or other means, the person or vessel shall proceed as directed. If permission is granted, all persons or vessels must comply with the instructions of the Captain of the Port, Baltimore, Maryland, and proceed at the minimum speed necessary to maintain a safe course while within the zone. (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol and enforcement of the zone by Federal, State and local agencies. (e) Effective period. This section will be enforced from 2 p.m. through 7 p.m. local time on September 8, 2006. Dated: June 7, 2006. Brian D. Kelley, Captain, U.S. Coast Guard, Captain of the Port, Baltimore, Maryland. [FR Doc. E6–9865 Filed 6–21–06; 8:45 am] BILLING CODE 4910–15–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R04–OAR–2006–0376–200611b; FRL– 8186–9] Approval and Promulgation of Implementation Plans Alabama: Open Burning Revision Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: SUMMARY: EPA is approving revisions to the Alabama State Implementation Plan (SIP), submitted by the Alabama Department of Environmental Management (ADEM) on March 9, 2006. The revisions include modifications to Alabama’s open burning rules found at Alabama Administrative Code (AAC) Chapter 335–3–3–.01. These revisions are part of Alabama’s strategy to meet the national ambient air quality standards (NAAQS) for fine particulates (PM2.5) and ozone. Open burning creates smoke that contains fine particles, volatile organic compounds and nitrogen oxides, precursors to ozone. ADEM has found that elevated levels of PM2.5 mirror the months when ozone levels are highest (May– September), and that PM2.5 levels remain elevated into October. These rules are intended to help control levels of PM2.5 and ozone precursors that contribute to high ozone and PM2.5 levels. This action is being taken pursuant to section 110 of the Clean Air Act (CAA). In the Rules Section of this Federal Register, EPA is approving Alabama’s E:\FR\FM\22JNP1.SGM 22JNP1 Federal Register / Vol. 71, No. 120 / Thursday, June 22, 2006 / Proposed Rules SIP revision as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A rationale for the approval is set forth in the direct final rule, and incorporated herein by reference. If no significant, material, and adverse comments are received in response to this rule, no further activity is contemplated with regard to this proposed action. 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 action. EPA will not institute a second comment period on this document. Any parties interested in commenting on this document should do so at this time. Written comments must be received on or before July 24, 2006. DATES: Comments may be submitted by mail to: Stacy DiFrank, Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303–8960. Comments may also be submitted electronically, or through hand delivery/courier. Please follow the detailed instructions described in the direct final rule, ADDRESSES section which is published in the Rules section of this Federal Register. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Stacy DiFrank, Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303–8960. The telephone number is (404) 562–9042. Ms. DiFrank can also be reached via electronic mail at difrank.stacy@epa.gov. For additional information, see the direct final rule which is published in the Rules section of this Federal Register. mstockstill on PROD1PC68 with PROPOSALS SUPPLEMENTARY INFORMATION: Dated: June 12, 2006. A. Stanley Meiburg, Acting Regional Administrator, Region 4. [FR Doc. 06–5597 Filed 6–21–06; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Kentucky; Redesignation of the Boyd County SO2 Nonattainment Area; Correction Environmental Protection Agency (EPA). ACTION: Proposed rule; correction. AGENCY: SUMMARY: On May 24, 2006 (71 FR 29878), EPA published a proposed document redesignating the Boyd County, Kentucky area to attainment for SO2. The Federal Docket Management System (FDMS) docket number was incorrectly referenced. This document corrects the docket number. DATES: This action is effective June 22, 2006. ADDRESSES: Copies of the documentation used in the action being corrected are available for inspection during normal business hours at the following location: U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303– 8960. The Regional Office’s official hours of business are Monday through Friday, 8:30 to 4:30, excluding Federal holidays. FOR FURTHER INFORMATION CONTACT: Stacy DiFrank, Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303–8960. The telephone number is (404) 562–9042. Ms. DiFrank can also be reached via electronic mail at difrank.stacy@epa.gov. EPA is making a correction to the document published on May 24, 2006, (71 FR 29878), approving a Kentucky SIP revision which redesignated the Boyd County Area to attainment for SO2. The FDMS docket number ‘‘R04–OAR– 2005–KY–0002’’ was inadvertently stated in the May 24, 2006, document. The FDMS docket number in the heading on page 29878 of the proposed rule should read as follows: ‘‘EPA–R04– OAR–2005–KY–0002.’’ SUPPLEMENTARY INFORMATION: Environmental protection, Air pollution control, Intergovernmental relations, Nitrogen dioxide, Ozone, 15:29 Jun 21, 2006 Jkt 208001 PO 00000 Frm 00022 Fmt 4702 Particulate matter, Reporting and recordkeeping requirements, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. [EPA–R04–OAR–2005–KY–0002–200531(d); FRL–8187–5] List of Subjects in 40 CFR Part 52 VerDate Aug<31>2005 35857 Sfmt 4702 Dated: June 12, 2006. A. Stanley Meiburg, Acting Regional Administrator, Region 4. [FR Doc. 06–5603 Filed 6–21–06; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 300 [FRL–8186–6] National Oil and Hazardous Substance Pollution Contingency Plan National Priorities List Update Environmental Protection Agency. ACTION: Notice of intent to delete the Dixie Oil Processors, Inc. Superfund Site from the National Priorities List. AGENCY: SUMMARY: The United States Environmental Protection Agency (EPA) Region 6 is issuing a notice of intent to delete the Dixie Oil Processors, Inc. Superfund Site (Site), located in Friendswood, Texas, from the National Priorities List (NPL). The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is appendix B of 40 CFR part 300, which is the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the State of Texas, through the Texas Commission on Environmental Quality (TCEQ), have determined that all appropriate response actions under CERCLA, other than operation and maintenance and five-year reviews, have been completed. However, this deletion does not preclude future actions under Superfund. In the ‘‘Rules and Regulations’’ Section of today’s Federal Register, we are publishing a direct final notice of deletion of the Dixie Oil Processors, Inc. Superfund Site without prior notice of intent to delete because we view this as a noncontroversial revision and anticipate no adverse comment. We have explained our reasons for this deletion in the preamble to the direct final deletion. If we receive no adverse comment(s) on this notice of intent to delete or the direct final notice of deletion, we will not take further action on this notice of intent to delete. If we receive adverse comment(s), we will E:\FR\FM\22JNP1.SGM 22JNP1

Agencies

[Federal Register Volume 71, Number 120 (Thursday, June 22, 2006)]
[Proposed Rules]
[Pages 35856-35857]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-5597]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2006-0376-200611b; FRL-8186-9]


Approval and Promulgation of Implementation Plans Alabama: Open 
Burning Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is approving revisions to the Alabama State Implementation 
Plan (SIP), submitted by the Alabama Department of Environmental 
Management (ADEM) on March 9, 2006. The revisions include modifications 
to Alabama's open burning rules found at Alabama Administrative Code 
(AAC) Chapter 335-3-3-.01. These revisions are part of Alabama's 
strategy to meet the national ambient air quality standards (NAAQS) for 
fine particulates (PM2.5) and ozone. Open burning creates smoke that 
contains fine particles, volatile organic compounds and nitrogen 
oxides, precursors to ozone. ADEM has found that elevated levels of 
PM2.5 mirror the months when ozone levels are highest (May-September), 
and that PM2.5 levels remain elevated into October. These rules are 
intended to help control levels of PM2.5 and ozone precursors that 
contribute to high ozone and PM2.5 levels. This action is being taken 
pursuant to section 110 of the Clean Air Act (CAA).
    In the Rules Section of this Federal Register, EPA is approving 
Alabama's

[[Page 35857]]

SIP revision as a direct final rule without prior proposal because the 
Agency views this as a noncontroversial submittal and anticipates no 
adverse comments. A rationale for the approval is set forth in the 
direct final rule, and incorporated herein by reference. If no 
significant, material, and adverse comments are received in response to 
this rule, no further activity is contemplated with regard to this 
proposed action. 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 action. EPA 
will not institute a second comment period on this document. Any 
parties interested in commenting on this document should do so at this 
time.

DATES: Written comments must be received on or before July 24, 2006.

ADDRESSES: Comments may be submitted by mail to: Stacy DiFrank, 
Regulatory Development Section, Air Planning Branch, Air, Pesticides 
and Toxics Management Division, U.S. Environmental Protection Agency, 
Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. Comments 
may also be submitted electronically, or through hand delivery/courier. 
Please follow the detailed instructions described in the direct final 
rule, ADDRESSES section which is published in the Rules section of this 
Federal Register.

FOR FURTHER INFORMATION CONTACT: Stacy DiFrank, Regulatory Development 
Section, Air Planning Branch, Air, Pesticides and Toxics Management 
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth 
Street, SW., Atlanta, Georgia 30303-8960. The telephone number is (404) 
562-9042. Ms. DiFrank can also be reached via electronic mail at 
difrank.stacy@epa.gov.

SUPPLEMENTARY INFORMATION: For additional information, see the direct 
final rule which is published in the Rules section of this Federal 
Register.

    Dated: June 12, 2006.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 06-5597 Filed 6-21-06; 8:45 am]
BILLING CODE 6560-50-P