Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Tennessee; Redesignation of the Montgomery County, Tennessee Portion of the Clarksville-Hopkinsville 8-Hour Ozone Nonattainment Area to Attainment; Correcting Amendment, 46105-46106 [E6-13161]
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Federal Register / Vol. 71, No. 155 / Friday, August 11, 2006 / Rules and Regulations
first awarded a partial grant for the
project (the earlier the grant was
awarded, the higher the priority given).
The partial-grant recipients, in
aggregate, may receive up to 30 percent
of the funds available for that year that
would be set aside for partial-grant
recipients.
*
*
*
*
*
[FR Doc. E6–13153 Filed 8–10–06; 8:45 am]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 81
[EPA–R04–OAR–2005–TN–0007–200527(c)
FRL–8208–9]
Approval and Promulgation of
Implementation Plans and Designation
of Areas for Air Quality Planning
Purposes; Tennessee; Redesignation
of the Montgomery County, Tennessee
Portion of the Clarksville-Hopkinsville
8-Hour Ozone Nonattainment Area to
Attainment; Correcting Amendment
Environmental Protection
Agency (EPA).
ACTION: Final rule; correcting
amendment.
AGENCY:
This action corrects the
effective date for the 8-hour ozone
attainment designation for the
Montgomery County, Tennessee portion
of the Clarksville-Hopkinsville 8-hour
ozone nonattainment area. The effective
date for this attainment designation,
which appears in title 40 Code of
Federal Regulation (CFR) 81.343, was
erroneously identified as October 24,
2005, in the Part 81 chart at the end of
EPA’s September 22, 2005, direct final
redesignation rulemaking (70 FR 55559).
This error is being corrected to reflect an
effective date of November 21, 2005, for
Montgomery County, Tennessee’s 8hour ozone attainment designation.
DATES: Effective Date: This correcting
amendment is effective on August 11,
2006.
SUMMARY:
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.
rwilkins on PROD1PC63 with RULES
ADDRESSES:
Dr.
Egide Louis, Regulatory Development
FOR FURTHER INFORMATION CONTACT:
VerDate Aug<31>2005
16:23 Aug 10, 2006
Jkt 208001
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) 562–9240.
Dr. Louis can also be reached via
electronic mail at louis.egide@epa.gov.
SUPPLEMENTARY INFORMATION: On
September 22, 2005 (70 FR 55559), EPA
published a direct final rulemaking
action approving the redesignation of
the Montgomery County, Tennessee
portion of the Clarksville-Hopkinsville
8-hour ozone nonattainment area to
attainment status. In the ‘‘Dates’’ section
and in section VIII of the September 22,
2005, action, EPA stated that the rule
would be effective on November 21,
2005, unless EPA received adverse
written comments by October 24, 2005.
70 FR 55559, 55566. However, in the
part 81 chart at the end of the
rulemaking action, EPA erroneously
identified the effective date for the
attainment designation as October 24,
2005, instead of November 21, 2005. (70
FR 55568). Today, we are correcting the
effective date of the Montgomery
County, Tennessee 8-hour ozone
attainment redesignation that appears in
40 CFR 81.343, so that it correctly
reflects the effective date of the
redesignation rulemaking, which is
November 21, 2005.
EPA has determined that today’s
action falls under the ‘‘good cause’’
exemption in section 553(b)(3)(B) of the
Administrative Procedure Act (APA)
which, upon finding ‘‘good cause,’’
authorizes agencies to dispense with
public participation where public notice
and comment procedures are
impracticable, unnecessary or contrary
to the public interest. Public notice and
comment for this action are unnecessary
because today’s action to correct the
effective date of the 8-hour ozone
attainment redesignation for
Montgomery County, Tennessee has no
substantive impact on EPA’s September
22, 2005, redesignation approval. That
is, the correction of the 8-hour ozone
attainment redesignation effective date
makes no substantive difference to
EPA’s redesignation analysis as set out
in our September 22, 2005, rule, and
merely corrects an error made in that
prior rulemaking. In addition, EPA can
identify no particular reason why the
public would be interested in being
notified of the correction of this error or
in having the opportunity to comment
on the correction prior to this action
being finalized, since this correction
action does not change the
redesignation approval and merely
conforms the effective date of the
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
46105
attainment redesignation to coincide
with the effective date of the
redesignation rulemaking. See, 70 FR
55559, 55568.
EPA also finds that there is good
cause under APA section 553(d)(3) for
this correction to become effective on
the date of publication of this action.
Section 553(d)(3) of the APA allows an
effective date less than 30 days after
publication ‘‘as otherwise provided by
the agency for good cause found and
published with the rule.’’ 5 U.S.C.
553(d)(3). The purpose of the 30-day
waiting period prescribed in APA
section 553(d)(3) is to give affected
parties a reasonable time to adjust their
behavior and prepare before the final
rule takes effect. Today’s rule, however,
does not create any new regulatory
requirements such that affected parties
would need time to prepare before the
rule takes effect. Rather, today’s rule
merely corrects an inadvertent error by
conforming the effective date of the 8hour ozone attainment redesignation for
Montgomery County, Tennessee to the
effective date of EPA’s rulemaking
approving the redesignation. For these
reasons, EPA finds good cause under
APA section 553(d)(3) for this correction
to become effective on the date of
publication of this action.
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 corrects an
inadvertent error by conforming the
effective date of the 8-hour ozone
attainment redesignation for
Montgomery County, Tennessee to the
effective date of EPA’s rulemaking
approving the redesignation, 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 merely
corrects an inadvertent error by
conforming the effective date of the 8hour ozone attainment redesignation for
Montgomery County, Tennessee to the
effective date of EPA’s rulemaking
approving the redesignation, and does
not impose any additional enforceable
duty beyond that required by state law,
it does not contain any unfunded
E:\FR\FM\11AUR1.SGM
11AUR1
46106
Federal Register / Vol. 71, No. 155 / Friday, August 11, 2006 / Rules and Regulations
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997), because it is not
economically significant. In addition,
this rule does not involve technical
standards, 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 also 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 (CAA), petitions for judicial
review of this action must be filed in the
United States Court of Appeals for the
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 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
rule 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 rule merely
corrects an inadvertent error by
conforming the effective date of the 8hour ozone attainment redesignation for
Montgomery County, Tennessee to the
effective date of EPA’s rulemaking
approving the redesignation, 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
appropriate circuit by October 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 CAA
section 307(b)(2).)
List of Subjects in 40 CFR Part 81
Environmental protection, Air
pollution control, National parks,
Wilderness areas.
Dated: July 20, 2006.
A. Stanley Meiburg,
Acting, Regional Administrator, Region 4.
I
40 CFR part 81 is amended as follows:
PART 81—[CORRECTED]
1. The authority citation for part 81
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
2. In § 81.343, the table entitled
‘‘Tennessee_Ozone (8–Hour Standard)’’
is amended by revising the entry for
‘‘Clarksville-Hopkinsville, TN-KY:
Montgomery County’’ to read as follows:
I
§ 81.343
*
Tennessee.
*
*
*
*
TENNESSEE—OZONE (8–HOUR STANDARD)
Designationa
Category/classification
Designated area
Date 1
*
*
*
*
Clarksville-Hopkinsville, TN-KY Area:
Montgomery County ......................................................................................
*
*
*
*
11/ 21/05
*
Date 1
Type
Type
*
*
*
*
Attainment
*
a Includes
1 This
*
Indian Country located in each county or area, except as otherwise specified.
date is June 15, 2004, unless otherwise noted.
*
*
*
*
ACTION:
178 (see also Unit I.C. of the
Final rule.
SUPPLEMENTARY INFORMATION.
[FR Doc. E6–13161 Filed 8–10–06; 8:45 am]
SUMMARY: This regulation establishes a
tolerance exemption for residues of
copper sulfate pentahydrate when
applied in or on meat, fat and meat byproducts of cattle, sheep, hogs, goats,
horses, poultry, milk and eggs when
applied as a bactericide/fungicide to
animal premises and bedding.
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
rwilkins on PROD1PC63 with RULES
[EPA–HQ–OPP–2005–0314; FRL–8085–3]
Copper Sulfate Pentahydrate;
Tolerance Exemption in or on Various
Food and Feed Commodities
Environmental Protection
Agency (EPA).
AGENCY:
VerDate Aug<31>2005
16:23 Aug 10, 2006
Jkt 208001
This regulation is effective
August 11, 2006. Objections and
requests for hearings must be received
on or before October 10, 2006, and must
be filed in accordance with the
instructions provided in 40 CFR part
DATES:
PO 00000
Frm 00034
Fmt 4700
Sfmt 4700
EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPP–2005–0314. All documents in the
docket are listed on the regulations.gov
Web site. Although listed in the index,
some information is not publicly
available, e.g., Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
ADDRESSES:
E:\FR\FM\11AUR1.SGM
11AUR1
Agencies
[Federal Register Volume 71, Number 155 (Friday, August 11, 2006)]
[Rules and Regulations]
[Pages 46105-46106]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-13161]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[EPA-R04-OAR-2005-TN-0007-200527(c) FRL-8208-9]
Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning Purposes; Tennessee; Redesignation of
the Montgomery County, Tennessee Portion of the Clarksville-
Hopkinsville 8-Hour Ozone Nonattainment Area to Attainment; Correcting
Amendment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; correcting amendment.
-----------------------------------------------------------------------
SUMMARY: This action corrects the effective date for the 8-hour ozone
attainment designation for the Montgomery County, Tennessee portion of
the Clarksville-Hopkinsville 8-hour ozone nonattainment area. The
effective date for this attainment designation, which appears in title
40 Code of Federal Regulation (CFR) 81.343, was erroneously identified
as October 24, 2005, in the Part 81 chart at the end of EPA's September
22, 2005, direct final redesignation rulemaking (70 FR 55559). This
error is being corrected to reflect an effective date of November 21,
2005, for Montgomery County, Tennessee's 8-hour ozone attainment
designation.
DATES: Effective Date: This correcting amendment is effective on August
11, 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: Dr. Egide Louis, 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) 562-9240. Dr. Louis can also be reached via electronic mail at
louis.egide@epa.gov.
SUPPLEMENTARY INFORMATION: On September 22, 2005 (70 FR 55559), EPA
published a direct final rulemaking action approving the redesignation
of the Montgomery County, Tennessee portion of the Clarksville-
Hopkinsville 8-hour ozone nonattainment area to attainment status. In
the ``Dates'' section and in section VIII of the September 22, 2005,
action, EPA stated that the rule would be effective on November 21,
2005, unless EPA received adverse written comments by October 24, 2005.
70 FR 55559, 55566. However, in the part 81 chart at the end of the
rulemaking action, EPA erroneously identified the effective date for
the attainment designation as October 24, 2005, instead of November 21,
2005. (70 FR 55568). Today, we are correcting the effective date of the
Montgomery County, Tennessee 8-hour ozone attainment redesignation that
appears in 40 CFR 81.343, so that it correctly reflects the effective
date of the redesignation rulemaking, which is November 21, 2005.
EPA has determined that today's action falls under the ``good
cause'' exemption in section 553(b)(3)(B) of the Administrative
Procedure Act (APA) which, upon finding ``good cause,'' authorizes
agencies to dispense with public participation where public notice and
comment procedures are impracticable, unnecessary or contrary to the
public interest. Public notice and comment for this action are
unnecessary because today's action to correct the effective date of the
8-hour ozone attainment redesignation for Montgomery County, Tennessee
has no substantive impact on EPA's September 22, 2005, redesignation
approval. That is, the correction of the 8-hour ozone attainment
redesignation effective date makes no substantive difference to EPA's
redesignation analysis as set out in our September 22, 2005, rule, and
merely corrects an error made in that prior rulemaking. In addition,
EPA can identify no particular reason why the public would be
interested in being notified of the correction of this error or in
having the opportunity to comment on the correction prior to this
action being finalized, since this correction action does not change
the redesignation approval and merely conforms the effective date of
the attainment redesignation to coincide with the effective date of the
redesignation rulemaking. See, 70 FR 55559, 55568.
EPA also finds that there is good cause under APA section 553(d)(3)
for this correction to become effective on the date of publication of
this action. Section 553(d)(3) of the APA allows an effective date less
than 30 days after publication ``as otherwise provided by the agency
for good cause found and published with the rule.'' 5 U.S.C. 553(d)(3).
The purpose of the 30-day waiting period prescribed in APA section
553(d)(3) is to give affected parties a reasonable time to adjust their
behavior and prepare before the final rule takes effect. Today's rule,
however, does not create any new regulatory requirements such that
affected parties would need time to prepare before the rule takes
effect. Rather, today's rule merely corrects an inadvertent error by
conforming the effective date of the 8-hour ozone attainment
redesignation for Montgomery County, Tennessee to the effective date of
EPA's rulemaking approving the redesignation. For these reasons, EPA
finds good cause under APA section 553(d)(3) for this correction to
become effective on the date of publication of this action.
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 corrects an inadvertent error by conforming the effective date
of the 8-hour ozone attainment redesignation for Montgomery County,
Tennessee to the effective date of EPA's rulemaking approving the
redesignation, 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 merely corrects an inadvertent error by
conforming the effective date of the 8-hour ozone attainment
redesignation for Montgomery County, Tennessee to the effective date of
EPA's rulemaking approving the redesignation, and does not impose any
additional enforceable duty beyond that required by state law, it does
not contain any unfunded
[[Page 46106]]
mandate or significantly or uniquely affect small governments, as
described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 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 rule 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 rule merely corrects an inadvertent
error by conforming the effective date of the 8-hour ozone attainment
redesignation for Montgomery County, Tennessee to the effective date of
EPA's rulemaking approving the redesignation, 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 addition, this rule does not
involve technical standards, 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 also 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 (CAA), petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by October 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 CAA section 307(b)(2).)
List of Subjects in 40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: July 20, 2006.
A. Stanley Meiburg,
Acting, Regional Administrator, Region 4.
0
40 CFR part 81 is amended as follows:
PART 81--[CORRECTED]
0
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. In Sec. 81.343, the table entitled ``Tennessee--Ozone (8-Hour
Standard)'' is amended by revising the entry for ``Clarksville-
Hopkinsville, TN-KY: Montgomery County'' to read as follows:
Sec. 81.343 Tennessee.
* * * * *
Tennessee--Ozone (8-Hour Standard)
----------------------------------------------------------------------------------------------------------------
Designation\a\ Category/classification
Designated area -------------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Clarksville-Hopkinsville, TN-KY
Area:
Montgomery County........... 11/ 21/05 Attainment
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is June 15, 2004, unless otherwise noted.
* * * * *
[FR Doc. E6-13161 Filed 8-10-06; 8:45 am]
BILLING CODE 6560-50-P