Determination of Attainment, Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Indiana; Redesignation of Allen County 8-hour Ozone Nonattainment Area to Attainment for Ozone; Withdrawal of Direct Final Rule, 61686-61687 [E6-17432]

Download as PDF 61686 Federal Register / Vol. 71, No. 202 / Thursday, October 19, 2006 / Rules and Regulations with the applicable 72 COLREGS requirements. All other previously certified deviations from the 72 COLREGS not affected by this amendment remain in effect. Moreover, it has been determined, in accordance with 32 CFR Parts 296 and 701, that publication of this amendment for public comment prior to adoption is impracticable, unnecessary, and contrary to public interest since it is based on technical findings that the placement of lights on this vessel in a manner differently from that prescribed herein will adversely affect the vessel’s ability to perform its military functions. List of Subjects in 32 CFR Part 706 Marine safety, Navigation (water), and Vessels. I For the reasons set forth in the preamble, amend part 706 of title 32 of the Code of Federal Regulations as follows: PART 706—CERTIFICATIONS AND EXEMPTIONS UNDER THE INTERNATIONAL REGULATIONS FOR PREVENTING COLLISIONS AT SEA, 1972 Authority: 33 U.S.C. 1605. 2. Table One of § 706.2 is amended by adding, in numerical order, the following entry for the USS HAWAII (SSN 776): I § 706.2 Certifications of the Secretary of the Navy under Executive Order 11964 and 33 U.S.C. 1605. * * * * * 1. The authority citation for part 706 continues to read: I Distance in meters of forward masthead light below minimum required height. § 2(a)(i), Annex I Vessel Number * * * USS HAWAII ......................................................................... * * * SSN 776 ............................................................................... * * * 3. Table Three of § 706.2 is amended by adding, in numerical order, the following entry for USS HAWAII: I * * * 2.90 * * § 706.2 Certifications of the Secretary of the Navy under Executive Order 11964 and 33 U.S.C. 1605. * * * * * TABLE 3 Vessel No. Masthead lights arc of visibility; rule 21(a) Side lights arc of visibility; rule 21(b) USS HAWAII ........ SSN 776 .... ...................... ...................... Approved: October 5, 2006. Gregg A. Cervi, Commander, JAGC, U.S. Navy,Deputy Assistant Judge AdvocateGeneral (Admiralty and Maritime Law). [FR Doc. E6–17431 Filed 10–18–06; 8:45 am] Stern light arc of visibility; rule 21(c) Side lights distance inboard of ship’s sides in meters § 3(b) annex 1 Stern light, distance forward of stern in meters; rule 21(c) Forward anchor light height above hull in meters; 2(K) annex 1 Anchor lights relation ship of aft light to forward light in meters 2(K) annex 1 4.37 11.05 2.8 0.30 below. 205° ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 81 [EPA–R05–OAR–2006–0399; FRL–8232–1] Determination of Attainment, Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Indiana; Redesignation of Allen County 8-hour Ozone Nonattainment Area to Attainment for Ozone; Withdrawal of Direct Final Rule BILLING CODE 3810–FF–P Environmental Protection Agency (EPA). ACTION: Withdrawal of direct final rule. PWALKER on PRODPC60 with RULES AGENCY: SUMMARY: Due to the receipt of an adverse comment, the EPA is withdrawing the August 30, 2006 (71 FR 51489), direct final rule approving the VerDate Aug<31>2005 20:58 Oct 18, 2006 Jkt 211001 PO 00000 Frm 00054 Fmt 4700 Sfmt 4700 State of Indiana’s May 30, 2006, request to redesignate the 8-hour ozone National Ambient Air Quality Standard (NAAQS) nonattainment area of Allen County, Indiana, to attainment for the 8-hour ozone NAAQS; and for EPA approval of an Indiana State Implementation Plan (SIP) revision containing a 14-year maintenance plan for Allen County. In the direct final rule, EPA stated that if adverse comments were submitted by September 29, 2006, the rule would be withdrawn and not take effect. On September 4, 2006, EPA received a comment. EPA believes this comment is adverse and, therefore, EPA is withdrawing the direct final rule. EPA will address the comment in a subsequent final action based upon the proposed action also published on August 30, 2006 (71 FR 51546). EPA E:\FR\FM\19OCR1.SGM 19OCR1 Federal Register / Vol. 71, No. 202 / Thursday, October 19, 2006 / Rules and Regulations will not institute a second comment period on this action. DATES: The direct final rule published at 71 FR 51489 on August 30, 2006 is withdrawn as of October 19, 2006. FOR FURTHER INFORMATION CONTACT: Steven Rosenthal, Environmental Engineer, Criteria Pollutant Section, Air Programs Branch (AR–18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312)886–6052, Rosenthal.steven@epa.gov. List of Subjects 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, and Volatile organic compounds. 40 CFR Part 81 Air pollution control, Environmental protection, National parks, Wilderness areas. Dated: October 6, 2006. Gary Gulezian, Acting Regional Administrator, Region 5. PART 40—[AMENDED] Accordingly, the amendments to 40 CFR 52.777 and 81.315 published in the Federal Register on August 30, 2006 (71 FR 51489) on pages 51489–51500 is withdrawn as of October 19, 2006. I [FR Doc. E6–17432 Filed 10–18–06; 8:45 am] BILLING CODE 6560–50–P NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 1819 and 1852 RIN 2700–AD17 Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) Contractor Recertification of Program Compliance National Aeronautics and Space Administration. ACTION: Final rule. PWALKER on PRODPC60 with RULES AGENCY: SUMMARY: This rule adopts the proposed rule published in the Federal Register on September 30, 2005 as final with minor, non-substantive editorial changes. The final rule amends the NASA FAR Supplement (NFS) to include a requirement for NASA’s Small Business Innovation Research (SBIR) and the Small Business Technology Transfer (STTR) program contractors to complete a recertification of program VerDate Aug<31>2005 20:58 Oct 18, 2006 Jkt 211001 compliance prior to final payment. This requirement is being established to facilitate the Government’s ability to hold contractors accountable for compliance with Federal statute, regulation, and requirements associated with the SBIR and STTR programs. In addition, the final rule corrects the following in the proposed rule: Revises the section numbering of the prescription identified in NFS 1832.12 of the proposed rule from NFS 1832.1200 to NFS 1819.7302(f); revises the numbering of the clause from NFS 1852.232–83 in the proposed rule to NFS 1852.219–85 in the final rule; makes minor revisions to conform clause titles with those in the clause prescriptions; revises the Supplementary Information, Paragraph B. Regulatory Flexibility Act to expand the justification that the rule does not have a significant economic impact on small entities; and makes other minor editorial corrections. DATES: Effective Date: October 19, 2006. FOR FURTHER INFORMATION CONTACT: Marilyn J. Seppi, NASA, Office of Procurement, Contract Management Division, (202) 358–0447, e-mail: Marilyn.Seppi-1@nasa.gov. SUPPLEMENTARY INFORMATION: A. Background NASA published a proposed rule in the Federal Register on September 30, 2005 (70 FR 57240–57242). The public comment period ended on November 29, 2005. One public comment was received. The comment stated that the proposed rule constituted an undue burden and would have a significant (adverse) impact on small businesses. The respondent also objected to longstanding SBIR/STTR program requirements relating to limitations on subcontracting. NASA’s Response: Regarding the issue of additional burden, NASA believes that it is in the Government’s best interest to implement the proposed rule requiring SBIR/STTR contractors to recertify their compliance with Program requirements prior to final payment to hold contractors accountable for Program compliance and to enable the pursuit of criminal and civil cases when noncompliance constitutes a fraud against the Government. NASA believes that the additional burden resulting from the recertification statement requirement is minimal. The respondent’s comment objecting to current SBIR/STTR program requirements relating to limitations on subcontracting is noted; however, these are existing program requirements that apply regardless of this rule. Therefore, this final rule amends NASA FAR PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 61687 Supplement Parts 1819 and 1852 to require that all research and development contracts awarded under the SBIR and STTR Programs include the clause at 1852.219–85, Conditions for Final Payment—SBIR and STTR Contracts. This clause provides direction to the contractor regarding completion and submission of a recertification requirement prior to and as a condition of final payment. In addition, the rule requires use of the clauses at 1852.219–80, Limitation on Subcontracting—SBIR Phase I Program, 1852.219–81, Limitation on Subcontracting—SBIR Phase II Program, and 1852.219–82, Limitation on Subcontracting—STTR Program, in the respective SBIR and STTR contracts to delineate the subcontracting limitations necessary for contract performance. The rule also requires the use of clauses at 1852.219–83, Limitation of the Principal Investigator—SBIR Program, and 1852.219–84, Limitation of the Principal Investigator—STTR Program, respectively, to describe the employment requirements of the principal investigator. This is not a significant regulatory action and, therefore, was not subject to review under Section 6(b) of Executive Order 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804. B. Regulatory Flexibility Act NASA certifies that this rule will not have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because the recertification prior to final payment to awardees is merely an updated statement by the contractor provided in the representations and certifications submitted with the proposal in accordance with the Small Business Administration’s SBIR Program Directive. The information included in the contractor’s statement addresses subcontracting limitations and contracting officer consent requirements which are part of a contractor’s normal contract administration responsibilities in monitoring compliance with contract and program requirements. Accordingly, the recertification is not considered to have a significant impact. C. Paperwork Reduction Act The Paperwork Reduction Act applies because the changes to the NFS impose recordkeeping or information collections, or collection of information from offerors or contractors. The Office of Management and Budget under 44 E:\FR\FM\19OCR1.SGM 19OCR1

Agencies

[Federal Register Volume 71, Number 202 (Thursday, October 19, 2006)]
[Rules and Regulations]
[Pages 61686-61687]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-17432]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2006-0399; FRL-8232-1]


Determination of Attainment, Approval and Promulgation of 
Implementation Plans and Designation of Areas for Air Quality Planning 
Purposes; Indiana; Redesignation of Allen County 8-hour Ozone 
Nonattainment Area to Attainment for Ozone; Withdrawal of Direct Final 
Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of direct final rule.

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SUMMARY: Due to the receipt of an adverse comment, the EPA is 
withdrawing the August 30, 2006 (71 FR 51489), direct final rule 
approving the State of Indiana's May 30, 2006, request to redesignate 
the 8-hour ozone National Ambient Air Quality Standard (NAAQS) 
nonattainment area of Allen County, Indiana, to attainment for the 8-
hour ozone NAAQS; and for EPA approval of an Indiana State 
Implementation Plan (SIP) revision containing a 14-year maintenance 
plan for Allen County. In the direct final rule, EPA stated that if 
adverse comments were submitted by September 29, 2006, the rule would 
be withdrawn and not take effect. On September 4, 2006, EPA received a 
comment. EPA believes this comment is adverse and, therefore, EPA is 
withdrawing the direct final rule. EPA will address the comment in a 
subsequent final action based upon the proposed action also published 
on August 30, 2006 (71 FR 51546). EPA

[[Page 61687]]

will not institute a second comment period on this action.

DATES: The direct final rule published at 71 FR 51489 on August 30, 
2006 is withdrawn as of October 19, 2006.

FOR FURTHER INFORMATION CONTACT: Steven Rosenthal, Environmental 
Engineer, Criteria Pollutant Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312)886-6052, Rosenthal.steven@epa.gov. 

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, and 
Volatile organic compounds.

40 CFR Part 81

    Air pollution control, Environmental protection, National parks, 
Wilderness areas.

    Dated: October 6, 2006.
Gary Gulezian,
Acting Regional Administrator, Region 5.

PART 40--[AMENDED]

0
Accordingly, the amendments to 40 CFR 52.777 and 81.315 published in 
the Federal Register on August 30, 2006 (71 FR 51489) on pages 51489-
51500 is withdrawn as of October 19, 2006.

 [FR Doc. E6-17432 Filed 10-18-06; 8:45 am]
BILLING CODE 6560-50-P
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