Approval and Promulgation of Air Quality Implementation Plans; Maryland; Nitrogen Oxides Allowance Allocations for 2008, 64647-64649 [E6-18501]

Download as PDF Federal Register / Vol. 71, No. 213 / Friday, November 3, 2006 / Rules and Regulations mstockstill on PROD1PC61 with RULES Past Practices and Bankruptcy. Issues relating to whether the parties had sufficient notice to be deemed to have acquiesced in matters now being challenged are beyond the question referred and are for the CRB’s determination. The same is true with regard to the impact that bankruptcy proceedings may have on the outcome of its proceedings. Conclusion. The Copyright Royalty Board referred a novel question of law to the Register which asked: ‘‘Is the universe of preexisting subscription services, [as defined by § 114(j)(11)], limited by law to only Muzak (provided over the DiSH Network), Music Choice, and DMX?’’ Before answering this question, the Office contemplated what Congress meant by the term ‘‘preexisting subscription service,’’ because there was a controversy over whether the term applied to the use of the sound recording, or the business entity that operated under the § 114 statutory license. Ultimately, the Office discerned that the term is used in the statute in both manners. A preexisting subscription service is used in § 114 sometimes to refer to the aggregate of the subscription transmissions that were made by the entities identified in the legislative history, and sometimes to identify the business entities operating under the statutory license on or before July 31, 1998, and that have the authority to negotiate rates and terms for use of the license. Whether Congress intended this outcome is unclear, but the Office’s interpretation offers a workable reading of the statute and the legislative intent. Nevertheless, for purposes of the question posed by the Board, the determination that the term refers to the business entities in existence and making subscription transmissions on or before July 31,1998, appears to be the more appropriate reading of the term ‘‘preexisting subscription service’’ for purposes of determining whether an entity can operate under the statutory license as a preexisting subscription service and participate in the rate setting process. Moreover, in light of Congress’s decision to identify specific entities as being preexisting subscription services, it appears Congress meant to limit preexisting subscription service status to the three entities identified by the Board. October 20, 2006. Marybeth Peters, Register of Copyrights [FR Doc. E6–18590 Filed 11–2–06; 8:45 am] BILLING CODE 1410–30–S VerDate Aug<31>2005 13:29 Nov 02, 2006 Jkt 211001 List of Subjects in 39 CFR Part 3 POSTAL SERVICE 39 CFR Part 3 Amendment to Bylaws of the Board of Governors AGENCY: ACTION: Postal Service. Effective Date: September 11, 2006. FOR FURTHER INFORMATION CONTACT: Wendy A. Hocking, Secretary of the Board, U.S. Postal Service, 475 L’Enfant Plaza, SW., Washington, DC 20260– 1000, (202) 268–4800. This document publishes a revision to 39 CFR 3.3 of the Bylaws of the Board of Governors of the United States Postal Service. The Board’s bylaws in paragraphs (f) and (g) of § 3.3 had reserved to the full Board the authorization for filing any request to the Postal Rate Commission for a recommended decision on changes in rates or mail classification. The Board revised paragraphs (f) and (g) of § 3.3 to provide that the Postmaster General may authorize the filing of a request to the Postal Rate Commission for minor NSAs without first submitting the request to the Postal Service Board of Governors. The changes were adopted by the Board on September 11, 2006. The purpose of the changes was to enable Postal Service management to submit relatively minor NSAs to the Postal Rate Commission without first coming to the Board for approval. This exception would apply only for submissions under the Commission’s rules for streamlined consideration of requests to renew an existing NSA or to add one that is ‘‘functionally equivalent’’ to an existing NSA. Proposals for new baseline NSAs would still require Board approval in advance. At the end of the process, when the Commission completes its proceedings and submits a recommended decision, final consideration by the Governors is required in all cases by statute. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 Administrative practice and procedure, Organization and functions (Government agencies), Postal Service. I Accordingly, part 3 of title 39 CFR is amended as follows: PART 3—BOARD OF GOVERNORS (ARTICLE 111) Final rule. SUMMARY: On September 11, 2006, the Board of Governors of the United States Postal Service adopted a revision to its bylaws. The purpose of this revision was to enable Postal Service management to submit relatively minor Negotiated Service Agreements (NSAs) to the Postal Rate Commission for consideration without first submitting those minor NSAs to the Postal Service Board of Governors. Consequently, the Postal Service hereby publishes this final rule. DATES: 64647 1. The authority citation for part three continues to read as follows: I Authority: 39 U.S.C. 202, 203, 205, 401(2), (10), 402, 414, 416, 1003, 2802–2804, 3013; 5 U.S.C. 552b (g), (j); Inspector General Act, 5 U.S.C. app.; Pub.L. 107–67, 115 Stat.514 (2001). 2. Section 3.3 is amended by revising paragraphs (f) and (g) to read as follows: I § 3.3 Matters reserved for decision by the Board. * * * * * (f) Authorization of the Postal Service to request the Postal Rate Commission to submit a recommended decision on changes in postal rates, except that the Postmaster General may authorize such requests with respect to Negotiated Service Agreements filed for consideration under 39 CFR 3001.196 or 3001.197. (g) Authorization of the Postal Service to request the Postal Rate Commission to submit a recommended decision on changes in the mail classification schedule, except that the Postmaster General may authorize such requests with respect to Negotiated Service Agreements filed for consideration under 39 CFR 3001.196 or 3001.197. * * * * * Neva Watson, Attorney, Legislative, Legal Policy and Ratemaking. [FR Doc. E6–18545 Filed 11–1–06; 8:45 am] BILLING CODE 7710–12–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R03–OAR–2006–0629; FRL–8238–9] Approval and Promulgation of Air Quality Implementation Plans; Maryland; Nitrogen Oxides Allowance Allocations for 2008 Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: SUMMARY: EPA is taking direct final action to approve a revision to the Maryland State Implementation Plan (SIP). The revision consists of the E:\FR\FM\03NOR1.SGM 03NOR1 mstockstill on PROD1PC61 with RULES 64648 Federal Register / Vol. 71, No. 213 / Friday, November 3, 2006 / Rules and Regulations Nitrogen Oxides (NOX) allowance allocations for the 2008 ozone season, in accordance with Maryland’s approved NOX SIP Call trading program. EPA is approving this revision to Maryland’s NOX Reduction and Trading Program in accordance with the requirements of the Clean Air Act. DATES: This rule is effective on January 2, 2007 without further notice, unless EPA receives adverse written comment by December 4, 2006. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID Number EPA– R03–OAR–2006–0629 by one of the following methods: A. www.regulations.gov. Follow the on-line instructions for submitting comments. B. E-mail: morris.makeba@epa.gov C. Mail: EPA–R03–OAR–2006–0629, Makeba Morris, Chief, Air Quality Planning Branch, Mailcode 3AP21, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. D. Hand Delivery: At the previouslylisted EPA Region III address. 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: Direct your comments to Docket ID No. EPA–R03–OAR–2006– 0629. EPA’s policy is that all comments received will be included in the public docket without change, and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through www.regulations.gov or e-mail. The www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM VerDate Aug<31>2005 12:41 Nov 02, 2006 Jkt 211001 you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the electronic docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, i.e., 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. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy during normal business hours at the Air Protection Division, U.S. Environmental Protection Agency, Region III, and 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal are available at the Maryland Department of the Environment, 1800 Washington Boulevard, Suite 705, Baltimore, Maryland 21230. FOR FURTHER INFORMATION CONTACT: Marilyn Powers (215) 814–2308, or by email at powers.marilyn@epa.gov. SUPPLEMENTARY INFORMATION: I. Background On June 21, 2006, the State of Maryland submitted a formal revision to its State Implementation Plan (SIP). Maryland’s NOX Reduction and Trading Program under COMAR 26.11.29 and 26.11.30 was approved by EPA as meeting the requirements of the NOX SIP Call on January 10, 2001 (66 FR 1866). The approved program contains NOX reduction requirements beginning on May 1, 2003 and establishes allowance allocations for affected trading sources for the 2003 through 2005 ozone seasons. Thereafter, Maryland’s approved rule requires that allocations be updated, three years in advance, for each subsequent two year period. The allocations for 2006 and 2007 were approved into Maryland’s SIP on March 22, 2004 (55 FR 13236). This SIP revision consists of Maryland’s allocation update for 2008. Allocations for 2009 are not included in this SIP revision to ensure that Maryland’s NOX Reduction and Trading program does not conflict with Clean Air Interstate Rule (70 FR 25162 of May 12, 2005) requirements that will apply to electric generating units (EGUs) greater than 25 MW starting in 2009. PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 II. Summary of SIP Revision The revision consists of allocations for the ozone season in 2008 for each of the affected sources for which allocations were provided in the initial control period (2003 through 2005 ozone seasons). The allocations for EGUs were derived using each source’s average actual heat input from the 2002 and 2003 ozone seasons multiplied by an emission rate of 0.15 pounds NOX/ MMBTU. The allocations for nonelectric generating units (non-EGUs) are unchanged from the initial control period. For most sources the 2008 allocations do not differ significantly from the initial 3-year allocations. The total number of 2008 allocations established for the sources in Maryland that are subject to its NOX Budget Trading Program are consistent with the State’s budget under the NOX SIP Call. III. Final Action EPA is approving the SIP revision submitted by MDE on June 21, 2006 consisting of NOX allowance allocations for the 2008 ozone season. . EPA is publishing this rule without prior proposal because the Agency views this as a noncontroversial amendment and anticipates no adverse comment. However, in the ‘‘Proposed Rules’’ section of today’s Federal Register, EPA is publishing a separate document that will serve as the proposal to approve the SIP revision if adverse comments are filed. This rule will be effective on January 2, 2007 without further notice unless EPA receives adverse comment by December 4, 2006. If EPA receives adverse comment, EPA will publish a timely withdrawal in the Federal Register informing the public that the rule will not take effect. EPA will address all public comments in a subsequent final rule based on the proposed rule. EPA will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. IV. Statutory and Executive Order Reviews A. General Requirements 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 approves state law as meeting Federal requirements and imposes no additional E:\FR\FM\03NOR1.SGM 03NOR1 64649 Federal Register / Vol. 71, No. 213 / Friday, November 3, 2006 / Rules and Regulations 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 approves pre-existing requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Public Law 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 action 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 action merely approves a state rule implementing a Federal requirement, 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 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. 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.). B. Submission to Congress and the Comptroller General 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. This rule is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). C. Petitions for Judicial Review Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of 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 to approve Maryland’s NOX SIP Call allocations for 2008 may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Parts 52 Environmental protection, Air pollution control, Nitrogen dioxide, Ozone. Dated: October 26, 2006. Donald S. Welsh, Regional Administrator, Region III. I 40 CFR part 52 is amended as follows: PART 52—[AMENDED] 1. The authority citation for part 52 continues to read as follows: I Authority: 42 U.S.C. 7401 et seq. Subpart V—Maryland 2. In § 52.1070, the table in paragraph (c) is amended by revising the entry for COMAR 26.11.30.09 to read as follows: I § 52.1070 * Identification of plan. * * (c) * * * * * EPA-APPROVED REGULATIONS IN THE MARYLAND SIP Code of Maryland administrative regulations (COMAR) citation Title/subject State effective date * Policies and Procedures Relating to Maryland’s NOX Reduction and Trading Program. * * COMAR 26.11.30.09 ..................................... mstockstill on PROD1PC61 with RULES * * COMAR 26.11.30 .......................................... * Allocation of Allowances. * * * * EPA approval date * * * * * 6/19/06 ..................... November 3, 2006 [Insert page number where the document begins]. * * * [FR Doc. E6–18501 Filed 11–2–06; 8:45 am] BILLING CODE 6560–50–P VerDate Aug<31>2005 12:41 Nov 02, 2006 Jkt 211001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\03NOR1.SGM 03NOR1 Additional explanation/ citation at 40 CFR 52.1100 * * New column for 2008 allocations *

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 71, Number 213 (Friday, November 3, 2006)]
[Rules and Regulations]
[Pages 64647-64649]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-18501]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2006-0629; FRL-8238-9]

Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Nitrogen Oxides Allowance Allocations for 2008

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is taking direct final action to approve a revision to the
Maryland State Implementation Plan (SIP). The revision consists of the

[[Page 64648]]

Nitrogen Oxides (NOX) allowance allocations for the 2008
ozone season, in accordance with Maryland's approved NOX SIP
Call trading program. EPA is approving this revision to Maryland's
NOX Reduction and Trading Program in accordance with the
requirements of the Clean Air Act.

DATES: This rule is effective on January 2, 2007 without further
notice, unless EPA receives adverse written comment by December 4,
2006. If EPA receives such comments, it will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2006-0629 by one of the following methods:
A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. E-mail: morris.makeba@epa.gov
C. Mail: EPA-R03-OAR-2006-0629, Makeba Morris, Chief, Air Quality
Planning Branch, Mailcode 3AP21, U.S. Environmental Protection Agency,
Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previously-listed EPA Region III address.
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: Direct your comments to Docket ID No. EPA-R03-OAR-
2006-0629. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or e-mail.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through www.regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the public docket and made available
on the Internet. If you submit an electronic comment, EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD-ROM you submit. If EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., 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. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, and 1650
Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State
submittal are available at the Maryland Department of the Environment,
1800 Washington Boulevard, Suite 705, Baltimore, Maryland 21230.

FOR FURTHER INFORMATION CONTACT: Marilyn Powers (215) 814-2308, or by
e-mail at powers.marilyn@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

On June 21, 2006, the State of Maryland submitted a formal revision
to its State Implementation Plan (SIP). Maryland's NOX
Reduction and Trading Program under COMAR 26.11.29 and 26.11.30 was
approved by EPA as meeting the requirements of the NOX SIP
Call on January 10, 2001 (66 FR 1866). The approved program contains
NOX reduction requirements beginning on May 1, 2003 and
establishes allowance allocations for affected trading sources for the
2003 through 2005 ozone seasons. Thereafter, Maryland's approved rule
requires that allocations be updated, three years in advance, for each
subsequent two year period. The allocations for 2006 and 2007 were
approved into Maryland's SIP on March 22, 2004 (55 FR 13236). This SIP
revision consists of Maryland's allocation update for 2008. Allocations
for 2009 are not included in this SIP revision to ensure that
Maryland's NOX Reduction and Trading program does not
conflict with Clean Air Interstate Rule (70 FR 25162 of May 12, 2005)
requirements that will apply to electric generating units (EGUs)
greater than 25 MW starting in 2009.

II. Summary of SIP Revision

The revision consists of allocations for the ozone season in 2008
for each of the affected sources for which allocations were provided in
the initial control period (2003 through 2005 ozone seasons). The
allocations for EGUs were derived using each source's average actual
heat input from the 2002 and 2003 ozone seasons multiplied by an
emission rate of 0.15 pounds NOX/MMBTU. The allocations for
non-electric generating units (non-EGUs) are unchanged from the initial
control period. For most sources the 2008 allocations do not differ
significantly from the initial 3-year allocations. The total number of
2008 allocations established for the sources in Maryland that are
subject to its NOX Budget Trading Program are consistent
with the State's budget under the NOX SIP Call.

III. Final Action

EPA is approving the SIP revision submitted by MDE on June 21, 2006
consisting of NOX allowance allocations for the 2008 ozone
season. .
EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comment. However, in the ``Proposed Rules'' section of today's
Federal Register, EPA is publishing a separate document that will serve
as the proposal to approve the SIP revision if adverse comments are
filed. This rule will be effective on January 2, 2007 without further
notice unless EPA receives adverse comment by December 4, 2006. If EPA
receives adverse comment, EPA will publish a timely withdrawal in the
Federal Register informing the public that the rule will not take
effect. EPA will address all public comments in a subsequent final rule
based on the proposed rule. EPA will not institute a second comment
period on this action. Any parties interested in commenting must do so
at this time.

IV. Statutory and Executive Order Reviews

A. General Requirements

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 approves state law as meeting Federal requirements and imposes
no additional

[[Page 64649]]

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
approves pre-existing requirements under state law and does not impose
any additional enforceable duty beyond that required by state law, it
does not contain any unfunded mandate or significantly or uniquely
affect small governments, as described in the Unfunded Mandates Reform
Act of 1995 (Public Law 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 action 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 action merely approves a state rule implementing a Federal
requirement, 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 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. 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.).

B. Submission to Congress and the Comptroller General

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. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).

C. Petitions for Judicial Review

Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of 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 to approve Maryland's NOX SIP Call
allocations for 2008 may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Parts 52

Environmental protection, Air pollution control, Nitrogen dioxide,
Ozone.

Dated: October 26, 2006.
Donald S. Welsh,
Regional Administrator, Region III.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

Subpart V--Maryland

0
2. In Sec. 52.1070, the table in paragraph (c) is amended by revising
the entry for COMAR 26.11.30.09 to read as follows:

Sec. 52.1070 Identification of plan.

* * * * *
(c) * * *

EPA-Approved Regulations in the Maryland SIP
----------------------------------------------------------------------------------------------------------------
Additional
Code of Maryland administrative State effective explanation/
regulations (COMAR) citation Title/subject date EPA approval date citation at 40 CFR
52.1100
----------------------------------------------------------------------------------------------------------------

* * * * * * *
COMAR 26.11.30.................. Policies and
Procedures
Relating to
Maryland's NOX
Reduction and
Trading Program.

* * * * * * *
COMAR 26.11.30.09............... Allocation of 6/19/06........... November 3, 2006 New column for
Allowances. [Insert page 2008 allocations
number where the
document begins].

* * * * * * *
----------------------------------------------------------------------------------------------------------------

[FR Doc. E6-18501 Filed 11-2-06; 8:45 am]
BILLING CODE 6560-50-P

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