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Federal Register / Vol. 72, No.

175 / Tuesday, September 11, 2007 / Rules and Regulations 51713

with Indian Tribal Governments, and a final ‘‘Categorical Exclusion on board a vessel displaying a Coast
because it does not have a substantial Determination’’ will be available in the Guard Ensign.
direct effect on one or more Indian docket where indicated under (c) Definitions. The Captain of the
tribes, on the relationship between the ADDRESSES. Port means the Commander, Coast
Federal Government and Indian tribes, Guard Sector Baltimore or any Coast
or on the distribution of power and List of Subjects in 33 CFR Part 165
Guard commissioned, warrant or petty
responsibilities between the Federal Harbors, Marine safety, Navigation officer who has been authorized by the
Government and Indian tribes. (water), Reporting and recordkeeping Captain of the Port to act on his behalf.
requirements, Security measures, (d) Enforcement. The U.S. Coast
Energy Effects
Waterways. Guard may be assisted in the patrol and
We have analyzed this rule under ■ For the reasons discussed in the enforcement of the zones by Federal,
Executive Order 13211, Actions preamble, the Coast Guard amends 33 State and local agencies.
Concerning Regulations That CFR part 165 as follows: (e) Enforcement period. This section
Significantly Affect Energy Supply, will be enforced from 12 p.m. on August
Distribution, or Use. We have PART 165—REGULATED NAVIGATION 27, 2007, until 12 p.m. on September 24,
determined that it is not a ‘‘significant AREAS AND LIMITED ACCESS AREAS 2007. In the event removal operations
energy action’’ under that order because are completed prior to 12 p.m. on
it is not a ‘‘significant regulatory action’’ ■ 1. The authority citation for part 165
September 24, 2007, the Captain of the
under Executive Order 12866 and is not continues to read as follows:
Port may cease enforcement of this
likely to have a significant adverse effect Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. regulation at that time.
on the supply, distribution, or use of Chapter 701; 50 U.S.C. 191, 195; 33 CFR
1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. Dated: August 27 2007.
energy. The Administrator of the Office
of Information and Regulatory Affairs 107–295, 116 Stat. 2064; Department of Brian D. Kelley,
has not designated it as a significant Homeland Security Delegation No. 0170.1. Captain, U.S. Coast Guard, Captain of the
energy action. Therefore, it does not Port, Baltimore, Maryland.
■ 2. Add temporary § 165.T05–085 to
require a Statement of Energy Effects [FR Doc. E7–17816 Filed 9–10–07; 8:45 am]
read as follows:
under Executive Order 13211. BILLING CODE 4910–15–P
§ 165.T05–085 Safety Zone; Chesapeake
Technical Standards Bay, Susquehanna River, Havre de Grace,
The National Technology Transfer MD. ENVIRONMENTAL PROTECTION
and Advancement Act (NTTAA) (15 (a) Location. The following area is a AGENCY
U.S.C. 272 note) directs agencies to use safety zone: All waters located in the
voluntary consensus standards in their Susquehanna River, within a 50-yard 40 CFR Part 52
regulatory activities unless the agency radius of pier number 5 of the old US- [EPA–R05–OAR–2006–1023; FRL–8464–8]
provides Congress, through the Office of 40 Highway bridge (bridge number
Management and Budget, with an 1206000), located at approximate Approval and Promulgation of Air
explanation of why using these position latitude 39°33′11″ N, longitude Quality Implementation Plans;
standards would be inconsistent with 076°05′09″ W (North American Datum Minnesota
applicable law or otherwise impractical. 1983).
Voluntary consensus standards are (b) Regulations. All persons are AGENCY: Environmental Protection
technical standards (e.g., specifications required to comply with the general Agency (EPA).
of materials, performance, design, or regulations governing safety zones in 33 ACTION: Direct final rule.
operation; test methods; sampling CFR 165.23 of this part.
(1) All vessels and persons are SUMMARY: EPA is approving a site-
procedures; and related management
systems practices) that are developed or prohibited from entering this zone, specific revision to the Minnesota State
adopted by voluntary consensus except as authorized by the Coast Guard Implementation Plan (SIP) for
standards bodies. Captain of the Port, Baltimore, particulate matter less than 10 microns
This rule does not use technical Maryland. (PM–10) for Lafarge North America
standards. Therefore, we did not (2) Persons or vessels requiring entry Corporation (Lafarge), Childs Road
consider the use of voluntary consensus into or passage within the zone must Terminal located in Saint Paul, Ramsey
standards. request authorization from the Captain County, Minnesota. In its December 18,
of the Port or his designated 2006, submittal, the Minnesota
Environment representative by telephone at (410) Pollution Control Agency (MPCA)
We have analyzed this rule under 576–2693 or on marine band radio requested that EPA approve certain
Commandant Instruction M16475.lD channel 16 VHF–FM. conditions contained in Lafarge’s
and Department of Homeland Security (3) All Coast Guard assets enforcing federally enforceable state operating
Management Directive 5100.1, which this safety zone can be contacted on permit (FESOP) into the Minnesota PM
guide the Coast Guard in complying marine band radio channels 13 and 16 SIP. The request is approvable because
with the National Environmental Policy VHF–FM. it satisfies the requirements of the Clean
Act of 1969 (NEPA) (42 U.S.C. 4321– (4) The operator of any vessel within Air Act (Act). We are also taking action
4370f), and have concluded that there or in the immediate vicinity of this on Minnesota’s request to revoke the
are no factors in this case that would safety zone shall: Administrative Order for Lafarge that
limit the use of a categorical exclusion (i) Stop the vessel immediately upon EPA had previously approved into the
under section 2.B.2 of the Instruction. being directed to do so by any Minnesota SIP. The rationale for the
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Therefore, this rule is categorically commissioned, warrant or petty officer approval and other information are
excluded, under figure 2–1, paragraph on board a vessel displaying a Coast provided in this rulemaking action.
(34)(g), of the Instruction, from further Guard Ensign, and DATES: This direct final rule will be
environmental documentation. A final (ii) Proceed as directed by any effective November 13, 2007, unless
‘‘Environmental Analysis Check List’’ commissioned, warrant or petty officer EPA receives adverse comments by

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51714 Federal Register / Vol. 72, No. 175 / Tuesday, September 11, 2007 / Rules and Regulations

October 11, 2007. If adverse comments EPA may not be able to consider your Second Amended Findings and Order,
are received, EPA will publish a timely comment. Electronic files should avoid dated and effective November 30, 1992,
withdrawal of the direct final rule in the the use of special characters, any form approved into the SIP February 15, 1994
Federal Register informing the public of encryption, and be free of any defects (60 FR 7218); (2) Amendment One to
that the rule will not take effect. or viruses. Second Amended Findings and Order,
ADDRESSES: Submit your comments, Docket: All documents in the docket dated and effective December 21, 1994,
identified by Docket ID No. EPA–R05– are listed in the www.regulations.gov approved into the SIP June 13, 1995 (60
OAR–2006–1023, by one of the index. Although listed in the index, FR 31088); and, (3) Amendment Two to
following methods: some information is not publicly Second Amended Findings and Order,
1. http://www.regulations.gov: Follow available, e.g., CBI or other information dated and effective September 23, 1997,
the on-line instructions for submitting whose disclosure is restricted by statute. approved into the SIP February 8, 1999
comments. Certain other material, such as (64 FR 5936).
2. E-mail: mooney.john@epa.gov. copyrighted material, will be publicly The SIP revision submitted by MPCA
3. Fax: (312) 886–5824. available only in hard copy. Publicly on December 18, 2006, consists of a
4. Mail: John M. Mooney, Chief, available docket materials are available FESOP issued to the Lafarge Childs
Criteria Pollutant Section, Air Programs either electronically in Road Terminal, which serves as a joint
Branch (AR–18J), U.S. Environmental www.regulations.gov or in hard copy at Title I/FESOP document. The PM–10
Protection Agency, 77 West Jackson the Environmental Protection Agency, control measures, recordkeeping and
Boulevard, Chicago, Illinois 60604. Region 5, Air and Radiation Division, 77 reporting requirements contained in the
5. Hand Delivery: John M. Mooney, West Jackson Boulevard, Chicago, Administrative Orders previously
Chief, Criteria Pollutant Section, Air Illinois 60604. This Facility is open approved in the PM–10 SIP are now
Programs Branch (AR–18J), U.S. from 8:30 a.m. to 4:30 p.m., Monday identified as ‘‘Title I condition: SIP for
Environmental Protection Agency, 77 through Friday, excluding legal PM–10 NAAQS’’ in the joint Title I/
West Jackson Boulevard, Chicago, holidays. We recommend that you FESOP document. The state has
Illinois 60604. Such deliveries are only telephone Christos Panos, requested that EPA approve the
accepted during the Regional Office Environmental Engineer, at (312) 353– following: (1) The inclusion into the
normal hours of operation, and special 8328 before visiting the Region 5 office. Minnesota PM SIP only the portions of
arrangements should be made for FOR FURTHER INFORMATION CONTACT: Minnesota Air Emission Permit No.
deliveries of boxed information. The Christos Panos, Environmental 12300391–002, issued to Lafarge North
Regional Office official hours of Engineer, Criteria Pollutant Section, Air America Corporation—Childs Road
business are Monday through Friday, Programs Branch (AR–18J), Terminal on November 17, 2006, cited
8:30 a.m. to 4:30 p.m. excluding Federal Environmental Protection Agency, as ‘‘Title I condition: SIP for PM–10
holidays. Region 5, 77 West Jackson Boulevard, NAAQS’’; and, (2) that the
Instructions: Direct your comments to Chicago, Illinois 60604, (312) 353–8328, Administrative Orders for Lafarge—
Docket ID No. EPA–R05–OAR–2006– panos.christos@epa.gov Childs Road Terminal currently
1023. EPA’s policy is that all comments SUPPLEMENTARY INFORMATION: included in Minnesota’s PM–10 SIP be
received will be included in the public Throughout this document whenever subsequently revoked.
docket without change and may be ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean Minnesota held a public hearing
made available online at EPA. This supplementary information regarding the SIP revision and the joint
www.regulations.gov, including any section is arranged as follows: Title I/FESOP document on November
personal information provided, unless I. General Information 16, 2006. No comments were received at
the comment includes information 1. What Is the Background for This Action? the public meeting and only EPA
claimed to be Confidential Business 2. Why Is EPA Taking This Action? provided comments during the 30 day
Information (CBI) or other information 3. What Is a ‘‘Title I Condition?’’ public comment period.
whose disclosure is restricted by statute. II. What Action Is EPA Taking?
III. Statutory and Executive Order Reviews 2. Why Is EPA Taking This Action?
Do not submit information that you
consider to be CBI or otherwise I. General Information EPA is taking this action because: (1)
protected through www.regulations.gov Lafarge has proposed changes to the
or e-mail. The www.regulations.gov 1. What Is the Background for This allowable methods for delivery of
Web site is an ‘‘anonymous access’’ Action? cementitious products which require
system, which means EPA will not The Lafarge Childs Road Terminal is changes to certain SIP conditions; and
know your identity or contact located at 2145 Childs Road in Saint (2) EPA and the state have agreed to the
information unless you provide it in the Paul, Ramsey County, Minnesota. transfer of SIP requirements from
body of your comment. If you send an Minnesota originally submitted Administrative Orders into joint Title I/
e-mail comment directly to EPA without Administrative Orders for the Lafarge Title V–FESOP documents. Further, the
going through www.regulations.gov Childs Road Terminal as part of the state’s request provides for attainment
your e-mail address will be PM–10 SIP for Ramsey County in 1991 and maintenance of the PM–10 National
automatically captured and included as and 1992. These Administrative Orders Ambient Air Quality Standards
part of the comment that is placed in the contain the PM–10 emission limits and (NAAQS) and satisfies the applicable
public docket and made available on the operating restrictions imposed on the PM–10 requirements of the Act.
Internet. If you submit an electronic facility to provide for attainment and Lafarge receives, transfers, stores, and
comment, EPA recommends that you maintenance of the PM–10 NAAQS. ships cementitious products. The PM–
include your name and other contact Subsequent revisions to the 10 emission sources contained in the
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information in the body of your Administrative Orders were submitted SIP for Lafarge include a Barge Aeration
comment and with any disk or CD–ROM in 1994 and 1997. The following Lafarge Unit, the Vacuum Pump Exhaust and
you submit. If EPA cannot read your Childs Road Terminal Administrative the Silo Storage System. The barge-to-
comment due to technical difficulties Order revisions have been approved silo operations and related equipment
and cannot contact you for clarification, into the Minnesota PM–10 SIP: (1) have been removed since the issuance of

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Federal Register / Vol. 72, No. 175 / Tuesday, September 11, 2007 / Rules and Regulations 51715

the original Administrative Order. Six remain permanent. A ‘‘Title I condition’’ comments are filed. This rule will be
storage silos remain in operation at is defined as ‘‘any condition based on effective November 13, 2007 without
Childs Road Terminal for storing source-specific determination of further notice unless we receive relevant
cementitious material, with delivery ambient impacts imposed for the adverse written comments by October
and transport of the material by truck. purposes of achieving or maintaining 11, 2007. If we receive such comments,
Proposed changes to Childs Road attainment with the national ambient air we will withdraw this action before the
Terminal include the installation of a quality standard and which was part of effective date by publishing a
new rail siding for rail delivery of the state implementation plan approved subsequent document that will
material to the silos, the installation of by EPA or submitted to the EPA withdraw the final action. All public
a related railcar-to-silo pneumatic pending approval under section 110 of comments received will then be
conveyance, the redesign of the the act * * *.’’ The rule also states that addressed in a subsequent final rule
pneumatic conveyance system to allow ‘‘Title I conditions and the permittee’s based on the proposed action. The EPA
dedicated use of Silos Nos. 1 and 2, and obligation to comply with them, shall will not institute a second comment
the installation of new pollution control not expire, regardless of the expiration period. Any parties interested in
devices (a low temperature fabric filter) of the other conditions of the permit.’’ commenting on this action should do so
on each of the two dedicated silos. Further, ‘‘any title I condition shall at this time. If we do not receive any
Operation of the remaining Silos Nos. remain in effect without regard to comments, this action will be effective
3–6, also equipped with a fabric filter, permit expiration or reissuance, and November 13, 2007.
remain unchanged with truck shall be restated in the reissued permit.’’
unloading. Minnesota has also initiated using III. Statutory and Executive Order
The original air quality dispersion joint Title I/Title V–FESOP documents Reviews
modeling for the SIP and the initial as the enforceable document for Under Executive Order 12866 (58 FR
Administrative Order were based on imposing emission limitations and 51735, October 4, 1993), this action is
Lafarge’s 1995 annual throughput of compliance requirements in SIPs. The not a ‘‘significant regulatory action’’ and
material of 120,000 tons per year (tpy). SIP requirements in joint Title I/Title V– therefore is not subject to review by the
The 2004 annual throughput was 11,280 FESOP documents submitted by MPCA Office of Management and Budget. For
tons with a 2005 reported annual are cited as ‘‘Title I conditions,’’ this reason, this action is also not
throughput of 24,454 tons. Annual therefore ensuring that SIP requirements subject to Executive Order 13211,
throughput is expected to increase to remain permanent and enforceable. EPA ‘‘Actions Concerning Regulations That
26,600 tpy in 2009 after installation of reviewed the state’s procedure for using Significantly Affect Energy Supply,
the proposed changes. Revised air joint Title I/Title V–FESOP documents Distribution, or Use’’ (66 FR 28355, May
dispersion modeling was conducted to implement site-specific SIP 22, 2001). This action merely approves
using the AERMOD model to ensure requirements and found it to be state law as meeting Federal
continued attainment of the PM–10 acceptable under both titles I and V of requirements and imposes no additional
NAAQS in the area. Based on the the Act (July 3, 1997 letter from David requirements beyond those imposed by
modeling results, the FESOP limits Kee, EPA, to Michael J. Sandusky, state law. Accordingly, the
Lafarge to a maximum daily throughput MPCA). Further, a June 15, 2006, letter Administrator certifies that this rule
of 1,100 tons per day using a 24-hour from EPA to MPCA clarifies procedures will not have a significant economic
rolling average and an annual to transfer requirements from impact on a substantial number of small
throughput of 100,000 tpy, using a 12- Administrative Orders to joint Title I/ entities under the Regulatory Flexibility
month rolling average. The modeling Title V–FESOP documents. Act (5 U.S.C. 601 et seq.). Because this
analysis also included PM–10 emissions rule approves pre-existing requirements
II. What Action Is EPA Taking? under state law and does not impose
from the nearby Metropolitan Council
Environmental Services wastewater EPA is approving into the Minnesota any additional enforceable duty beyond
treatment plant, in combination with a PM–10 SIP a joint Title I/FESOP that required by state law, it does not
conservative background concentration, document which contains certain contain any unfunded mandate or
and predicted a 24-hour concentration portions of Minnesota Air Emission significantly or uniquely affect small
of 146.2 micrograms per cubic meter Permit No. 12300391–002, issued to governments, as described in the
(µg/m3) and an annual concentration of Lafarge North America—Childs Road Unfunded Mandates Reform Act of 1995
41.3 µg/m3, therefore demonstrating Terminal on November 17, 2006. (Pub. L. 104–4).
attainment of the PM–10 NAAQS. Specifically, EPA is only approving into This rule also does not have tribal
the SIP those portions of the joint Title implications because it will not have a
3. What Is a ‘‘Title I Condition?’’ I/FESOP document cited as ‘‘Title I substantial direct effect on one or more
SIP control measures were contained condition: SIP for PM–10 NAAQS.’’ In Indian tribes, on the relationship
in permits issued to culpable sources in addition, EPA is withdrawing from the between the Federal Government and
Minnesota until 1990 when EPA Minnesota PM–10 SIP the November 30, Indian tribes, or on the distribution of
determined that limits in state-issued 1992, Administrative Order and the power and responsibilities between the
permits are not federally enforceable December 21, 1994, and September 23, Federal Government and Indian tribes,
because the permits expire. The state 1997, revisions to the Administrative as specified by Executive Order 13175
then issued permanent Administrative Order for Lafarge Childs Road Terminal. (65 FR 67249, November 9, 2000). This
Orders to culpable sources in We are publishing this action without action also does not have Federalism
nonattainment areas from 1991 to prior proposal because we view this as implications because it does not have
February of 1996. a noncontroversial amendment and substantial direct effects on the States,
Minnesota’s consolidated permitting anticipate no adverse comments. on the relationship between the national
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regulations, approved into the state SIP However, in the proposed rules section government and the States, or on the
on May 2, 1995 (60 FR 21447), includes of this Federal Register publication, we distribution of power and
the term ‘‘Title I condition’’ which was are publishing a separate document that responsibilities among the various
written, in part, to satisfy EPA will serve as the proposal to approve the levels of government, as specified in
requirements that SIP control measures state plan if relevant adverse written Executive Order 13132 (64 FR 43255,

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51716 Federal Register / Vol. 72, No. 175 / Tuesday, September 11, 2007 / Rules and Regulations

August 10, 1999). This action merely Paperwork Reduction Act of 1995 (44 review may be filed, and shall not
approves a state rule implementing a U.S.C. 3501 et seq.). postpone the effectiveness of such rule
Federal standard, and does not alter the The Congressional Review Act, 5 or action. This action may not be
relationship or the distribution of power U.S.C. 801 et seq., as added by the Small challenged later in proceedings to
and responsibilities established in the Business Regulatory Enforcement enforce its requirements. (See section
Clean Air Act. This rule also is not Fairness Act of 1996, generally provides 307(b)(2).)
subject to Executive Order 13045 that before a rule may take effect, the List of Subjects in 40 CFR Part 52
‘‘Protection of Children from agency promulgating the rule must
Environmental Health Risks and Safety submit a rule report, which includes a Environmental protection, Air
Risks’’ (62 FR 19885, April 23, 1997), copy of the rule, to each House of the pollution control, Intergovernmental
because it approves a state rule Congress and to the Comptroller General relations, Particulate matter, Reporting
implementing a Federal standard. of the United States. EPA will submit a and recordkeeping requirements.
report containing this rule and other Dated: August 29, 2007.
In reviewing SIP submissions, EPA’s required information to the U.S. Senate,
role is to approve state choices, Bharat Mathur,
the U.S. House of Representatives, and Acting Regional Administrator, Region 5.
provided that they meet the criteria of the Comptroller General of the United
the Clean Air Act. In this context, in the States prior to publication of the rule in ■ 40 CFR part 52 is amended as follows:
absence of a prior existing requirement the Federal Register. A major rule
for the State to use voluntary consensus cannot take effect until 60 days after it PART 52—[AMENDED]
standards (VCS), EPA has no authority is published in the Federal Register.
to disapprove a SIP submission for ■ 1. The authority citation for part 52
This action is not a ‘‘major rule’’ as continues to read as follows:
failure to use VCS. It would thus be defined by 5 U.S.C. 804(2).
inconsistent with applicable law for Under section 307(b)(1) of the Clean Authority: 42 U.S.C. 7401 et seq.
EPA, when it reviews a SIP submission, Air Act, petitions for judicial review of
to use VCS in place of a SIP submission Subpart Y—Minnesota
this action must be filed in the United
that otherwise satisfies the provisions of States Court of Appeals for the ■ 2. In § 52.1220 the table in paragraph
the Clean Air Act. Thus, the appropriate circuit by November 13, (d) is amended by revising the entry for
requirements of section 12(d) of the 2007. Filing a petition for ‘‘Lafarge Corp., Childs Road facility’’ to
National Technology Transfer and reconsideration by the Administrator of read as follows:
Advancement Act of 1995 (15 U.S.C. this final rule does not affect the finality
272 note) do not apply. This rule does of this rule for the purposes of judicial § 52.1220 Identification of plan.
not impose an information collection review nor does it extend the time * * * * *
burden under the provisions of the within which a petition for judicial (d) * * *

EPA-APPROVED MINNESOTA SOURCE-SPECIFIC PERMITS


State effective EPA approval
Name of Source Permit No. Comments
date date

* * * * * * *
Lafarge North America Corporation, Childs 12300391–002 11/17/07 9/11/07 [Insert page Only conditions cited as ‘‘Title I condition:
Road Terminal. number where the SIP for PM–10 NAAQS.’’
document begins].

* * * * * * *

* * * * * DEPARTMENT OF COMMERCE Atmospheric Administration (NOAA),


[FR Doc. 07–4380 Filed 9–10–07; 8:45 am] Commerce.
BILLING CODE 6560–50–P
National Oceanic and Atmospheric ACTION: Temporary rule; closure.
Administration
SUMMARY: NMFS is prohibiting directed
50 CFR Part 679 fishing for Pacific ocean perch by
catcher processors participating in the
[Docket No. 070213032–7032–01] rockfish limited access fishery in the
Central Regulatory Area of the Gulf of
RIN 0648–XC48 Alaska (GOA). This action is necessary
to prevent exceeding the 2007 total
Fisheries of the Exclusive Economic allowable catch (TAC) of Pacific ocean
Zone Off Alaska; Pacific Ocean Perch perch allocated to catcher processors
for Catcher Processors Participating in participating in the rockfish limited
the Rockfish Limited Access Fishery in
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access fishery in the Central Regulatory


the Central Regulatory Area of the Gulf Area of the GOA.
of Alaska
DATES: Effective 1200 hrs, Alaska local
AGENCY: National Marine Fisheries time (A.l.t.), September 8, 2007, through
Service (NMFS), National Oceanic and 2400 hrs, A.l.t., December 31, 2007.

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