Rulemaking Procedures, 63701-63702 [06-55528]
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Federal Register / Vol. 71, No. 210 / Tuesday, October 31, 2006 / Rules and Regulations
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). This action merely
approves a State rule implementing a
Federal standard, and does not alter the
relationship or the distribution of power
and responsibilities established in the
Clean Air Act.
Executive Order 13045 Protection of
Children From Environmental Health
and Safety Risks
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.
National Technology Transfer
Advancement Act
In reviewing SIP submissions, EPA’s
role is to approve State choices,
provided that they meet the criteria of
the Clean Air Act. In this context, in the
absence of a prior existing requirement
for the State to use voluntary consensus
standards (VCS), EPA has no authority
to disapprove a SIP submission for
failure to use VCS. It would thus be
inconsistent with applicable law for
EPA, when it reviews a SIP submission,
to use VCS in place of a SIP submission
that otherwise satisfies the provisions of
the Clean Air Act. 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.
cprice-sewell on PROD1PC66 with RULES
Paperwork Reduction Act
This rule does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.).
Congressional Review Act
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. section 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
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this action must be filed in the United
States Court of Appeals for the
appropriate circuit by January 2, 2007.
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 section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: September 14, 2006.
Norman Niedergang,
Acting Regional Administrator, Region 5.
For the reasons stated in the preamble,
part 52, chapter I, of title 40 of the Code
of Federal Regulations is amended as
follows:
I
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
2. Section 52.770 is amended by
adding paragraph (c)(177) to read as
follows:
I
Identification of plan.
*
*
*
*
*
(c) * * *
(177) The Indiana Department of
Environmental Management submitted
revisions to Indiana’s State
Implementation plan on December 21,
2005, and June 27, 2006. Revisions to
326 IAC 1–3–4 provide consistency
between State (326 IAC 1–3–4) and
Federal (40 CFR 50.3) reference
conditions for measurements of
particulate matter air quality; and
amendments to 326 IAC 1–1–3 update
the references to the Code of Federal
Regulations (CFR) from the 2002 edition
to the 2004 edition.
(i) Incorporation by reference. The
following sections of the Indiana
Administrative Code are incorporated
by reference.
(A) Indiana Administrative Code Title
326: Air Pollution Control Board,
Article 1: General Provisions, Rule 1:
Provisions Applicable Throughout Title
PO 00000
Frm 00037
Fmt 4700
326, Section 3: References to the Code
of Federal Regulations. Filed with the
Secretary of State on October 14, 2005
and effective on November 13, 2005.
Published at Indiana Register, Volume
29, Number 3, December 1, 2005 (29 IR
795).
(B) Indiana Administrative Code Title
326: Air Pollution Control Board,
Article 1: General Provisions, Rule 3:
Ambient Air Quality Standards, Section
4: Ambient Air Quality Standards. Filed
with the Secretary of State on March 6,
2006 and effective on April 5, 2006.
Published at Indiana Register, Volume
29, Number 7, April 1, 2006 (29 IR
2179).
[FR Doc. E6–18169 Filed 10–30–06; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
49 CFR Part 106
Rulemaking Procedures
CFR Correction
In Title 49 of the Code of Federal
Regulations, parts 100 to 185, revised as
of October 1, 2005, on page 17, part 106
is corrected by reinstating § 106.100 to
read as follows:
§ 106.100 Required information for a
petition for rulemaking.
Subpart P—Indiana
§ 52.770
63701
Sfmt 4700
(a) You must include the following
information in your petition for
rulemaking:
(1) A summary of your proposed
action and an explanation of its
purpose.
(2) The language you propose for a
new or amended rule, or the language
you would delete from a current rule.
(3) An explanation of your interest in
your proposed action and the interest of
anyone you may represent.
(4) Information and arguments that
support your proposed action, including
relevant technical and scientific data
available to you.
(5) Any specific cases that support or
demonstrate the need for your proposed
action.
(b) If the impact of your proposed
action is substantial, and data or other
information about that impact are
available to you, we may ask that you
provide information about the
following:
(1) The costs and benefits of your
proposed action to society in general,
and identifiable groups within society
in particular.
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Federal Register / Vol. 71, No. 210 / Tuesday, October 31, 2006 / Rules and Regulations
(2) The direct effects, including
preemption effects under section 5125
of Federal hazardous materials
transportation law, of your proposed
action on States, on the relationship
between the Federal government and
the States, and on the distribution of
power and responsibilities among the
various levels of government. (See 49
CFR part 107, subpart C, regarding
preemption.)
(3) The regulatory burden of your
proposed action on small businesses,
small organizations, small governmental
jurisdictions, and Indian tribes.
(4) The recordkeeping and reporting
burdens of your proposed action and
whom they would affect.
(5) The effect of your proposed action
on the quality of the natural and social
environments.
[FR Doc. 06–55528 Filed 10–30–06; 8:45 am]
BILLING CODE 1505–01–D
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 300
[I.D. 102406A]
Fraser River Sockeye Salmon
Fisheries; Inseason Orders
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary inseason orders;
request for comments.
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AGENCY:
SUMMARY: NMFS publishes Fraser River
salmon inseason orders to regulate
salmon fisheries in U.S. waters. The
orders were issued by the Fraser River
Panel (Panel) of the Pacific Salmon
Commission (Commission) and
subsequently approved and issued by
NMFS during the 2006 salmon fisheries
within the U.S. Fraser River Panel Area.
These orders established fishing dates,
times, and areas for the gear types of
U.S. treaty Indian and all citizen
fisheries during the period the Panel
exercised jurisdiction over these
fisheries.
DATES: The effective dates for the
inseason orders are set out in this
document under the heading Inseason
Orders.
Comments will be accepted through
November 15, 2006.
ADDRESSES: Comments may be mailed to
D. Robert Lohn, Regional Administrator,
Northwest Region, NMFS, 7600 Sand
Point Way N.E., BIN C15700–Bldg. 1,
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Seattle, WA 98115–0070. Comments can
also be submitted via e-mail at
Fraser2006salmon@noaa.gov, or
through the internet at the Federal
eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments
and include ‘‘I.D. 102406A’’ in the
subject line of the message. Information
relevant to this document is available
for public review during business hours
at the office of the Regional
Administrator, Northwest Region,
NMFS.
FOR FURTHER INFORMATION CONTACT:
David Cantillon, (206) 526–4140.
SUPPLEMENTARY INFORMATION: The
Treaty between the Government of the
United States of America and the
Government of Canada concerning
Pacific Salmon was signed at Ottawa on
January 28, 1985, and subsequently was
given effect in the United States by the
Pacific Salmon Treaty Act (Act) at 16
U.S.C. 3631–3644.
Under authority of the Act, Federal
regulations at 50 CFR part 300, subpart
F provide a framework for the
implementation of certain regulations of
the Commission and inseason orders of
the Commission’s Fraser River Panel for
U.S. sockeye and pink salmon fisheries
in the Fraser River Panel Area.
The regulations close the U.S. portion
of the Fraser River Panel Area to U.S.
sockeye and pink salmon fishing unless
opened by Panel orders that are given
effect by inseason regulations published
by NMFS. During the fishing season,
NMFS may issue regulations that
establish fishing times and areas
consistent with the Commission
agreements and inseason orders of the
Panel. Such orders must be consistent
with domestic legal obligations and are
issued by Regional Administrator,
Northwest Region, NMFS. Official
notification of these inseason actions is
provided by two telephone hotline
numbers described at 50 CFR
300.97(b)(1). The inseason orders are
published in the Federal Register as
soon as practicable after they are issued.
Due to the frequency with which
inseason orders are issued, publication
of individual orders is impractical.
Therefore, the 2006 orders are being
published in this single document to
avoid fragmentation.
Inseason Orders
The following inseason orders were
adopted by the Panel and issued for U.S.
fisheries by NMFS during the 2006
fishing season. Each of the following
inseason actions was effective upon
announcement on telephone hotline
numbers as specified at 50 CFR
PO 00000
Frm 00038
Fmt 4700
Sfmt 4700
300.97(b)(1); those dates and times are
listed herein. The times listed are local
times, and the areas designated are
Puget Sound Management and Catch
Reporting Areas as defined in the
Washington State Administrative Code
at Chapter 220–22:
Order No. 2006–01: Issued 12 p.m.,
July 27, 2006.
Treaty Indian Fisheries
Areas 4B, 5, and 6C: Open for drift gill
nets from 12 p.m. (noon), Friday, July
28, 2006, to 12 p.m., Wednesday,
August 2, 2006.
Order No. 2006–02: Issued 11:45 a.m.,
August 2, 2006.
Treaty Indian Fisheries
Areas 4B, 5, and 6C: Open period for
drift gill nets from 12 p.m., Wednesday,
August 2, 2006, to 12 p.m., Saturday,
August 5, 2006.
Order No. 2006–03: Issued 11:45 a.m.,
August 4, 2006.
Treaty Indian Fisheries
Areas 4B, 5, and 6C: Open for drift
gillnets from 12 p.m., Saturday, August
5, 2006 through 12 p.m., Wednesday,
August 9, 2006.
Areas 6, 7, and 7A: Open to net
fishing from 4 a.m. Sunday, August 6,
2006 to 9 p.m. Sunday, August 6, 2006.
All Citizen Fisheries
Areas 7 and 7A Purse Seine: Open to
fishing from 8 a.m. until 6 p.m. on
Monday, August 7, 2006.
Areas 7 and 7A Gillnet: Open to
fishing from 2 p.m. until 11:59 p.m.
(Midnight) on Monday, August 7, 2006.
Areas 7 and 7A Reef Net: Open to
fishing from 10 a.m. until 8 p.m. on
Monday, August 7, 2006.
Order No. 2006–04: Issued 11:45 a.m.,
August 8, 2006.
Treaty Indian Fisheries
Areas 4B, 5, and 6C: Open for drift
gillnets from 12 p.m., Wednesday,
August 9, 2006 to 12 p.m., Saturday,
August 12, 2006.
Areas 6, 7, and 7A: Open to net
fishing from 4 a.m., Thursday, August
10, 2006 to 10 p.m., Friday, August 11,
2006.
All Citizen Fisheries
Areas 7 and 7A Gillnet: Open to
fishing from 8 a.m. until 11:59 p.m.,
Wednesday, August 9, 2006.
Areas 7 and 7A Purse Seine: Open to
fishing from 5 a.m. until 9 p.m., August
9, 2006.
Areas 7 and 7A Reef Net: Open to
fishing from 5 a.m. until 9 p.m.,
Wednesday, August 9, 2006.
Order No. 2006–05: Issued 11:45 a.m.,
August 11, 2006.
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[Federal Register Volume 71, Number 210 (Tuesday, October 31, 2006)]
[Rules and Regulations]
[Pages 63701-63702]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-55528]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Part 106
Rulemaking Procedures
CFR Correction
In Title 49 of the Code of Federal Regulations, parts 100 to 185,
revised as of October 1, 2005, on page 17, part 106 is corrected by
reinstating Sec. 106.100 to read as follows:
Sec. 106.100 Required information for a petition for rulemaking.
(a) You must include the following information in your petition for
rulemaking:
(1) A summary of your proposed action and an explanation of its
purpose.
(2) The language you propose for a new or amended rule, or the
language you would delete from a current rule.
(3) An explanation of your interest in your proposed action and the
interest of anyone you may represent.
(4) Information and arguments that support your proposed action,
including relevant technical and scientific data available to you.
(5) Any specific cases that support or demonstrate the need for
your proposed action.
(b) If the impact of your proposed action is substantial, and data
or other information about that impact are available to you, we may ask
that you provide information about the following:
(1) The costs and benefits of your proposed action to society in
general, and identifiable groups within society in particular.
[[Page 63702]]
(2) The direct effects, including preemption effects under section
5125 of Federal hazardous materials transportation law, of your
proposed action on States, on the relationship between the Federal
government and the States, and on the distribution of power and
responsibilities among the various levels of government. (See 49 CFR
part 107, subpart C, regarding preemption.)
(3) The regulatory burden of your proposed action on small
businesses, small organizations, small governmental jurisdictions, and
Indian tribes.
(4) The recordkeeping and reporting burdens of your proposed action
and whom they would affect.
(5) The effect of your proposed action on the quality of the
natural and social environments.
[FR Doc. 06-55528 Filed 10-30-06; 8:45 am]
BILLING CODE 1505-01-D
