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Federal Register / Vol. 71, No.

218 / Monday, November 13, 2006 / Rules and Regulations 66113

(49 U.S.C. 4321, et seq.) because it is not PART 401—SEAWAY REGULATIONS • U.S. EPA Region 6 ‘‘Contact Us’’
a major Federal action significantly AND RULES Web site: http://epa.gov/region6/
affecting the quality of the human r6coment.htm Please click on ‘‘6PD’’
environment. Subpart B—[Amended] (Multimedia) and select ‘‘Air’’ before
submitting comments.
Federalism ■ 1. The authority citation for part 401
• E-mail: Mr. Thomas Diggs at
continues to read as follows:
The Corporation has analyzed this diggs.thomas@epa.gov. Please also cc
final rule under the principles and Authority: 33 U.S.C. 983(a) and 984(a)(4), the person listed in the FOR FURTHER
criteria in Executive Order 13132, dated as amended; 49 CFR 1.52, unless otherwise INFORMATION CONTACT section below.
noted.
August 4, 1999, and has determined that • Fax: Mr. Thomas Diggs, Chief, Air
this rule does not have sufficient § 401.102 [Amended] Planning Section (6PD–L), at fax
federalism implications to warrant a number 214–665–7263.
■ 2. Paragraph (a) of § 401.102 is
Federalism Assessment. • Mail: Mr. Thomas Diggs, Chief, Air
amended by removing the number
Unfunded Mandates Planning Section (6PD–L),
‘‘$31,625’’ and adding, in its place, the
Environmental Protection Agency, 1445
The Corporation has analyzed this number ‘‘$36,625’’.
Ross Avenue, Suite 1200, Dallas, Texas
final rule under Title II of the Unfunded Issued at Washington, DC, on November 7, 75202–2733.
Mandates Reform Act of 1995 (Pub. L. 2006. • Hand or Courier Delivery: Mr.
104–4, 109 Stat. 48) and determined that Saint Lawrence Seaway Development Thomas Diggs, Chief, Air Planning
it does not impose unfunded mandates Corporation. Section (6PD–L), Environmental
on State, local, and tribal governments Collister Johnson, Jr., Protection Agency, 1445 Ross Avenue,
and the private sector requiring a Administrator. Suite 1200, Dallas, Texas 75202–2733.
written statement of economic and [FR Doc. E6–19052 Filed 11–9–06; 8:45 am] Such deliveries are accepted only
regulatory alternatives. BILLING CODE 4910–61–P between the hours of 8 a.m. and 4 p.m.
Paperwork Reduction Act weekdays except for legal holidays.
Special arrangements should be made
This final rule has been analyzed ENVIRONMENTAL PROTECTION for deliveries of boxed information.
under the Paperwork Reduction Act of AGENCY Instructions: Direct your comments to
1995 and does not contain new or Docket ID No. EPA–R06–OAR–2006–
modified information collection 40 CFR Part 52 LA–0456. EPA’s policy is that all
requirements subject to the Office of comments received will be included in
[EPA–R06–OAR–2006–0456; FRL–8241–2]
Management and Budget review. the public docket without change and
Notice and Public Comment Approval and Promulgation of may be made available online at
Implementation Plans; Louisiana; 2006 http://www.regulations.gov, including
Notice and an opportunity for public Low Enhanced Vehicle Inspection/ any personal information provided,
comment under the Administrative Maintenance (I/M) Program unless the comment includes
Procedure Act (APA) (5 U.S.C. 553) are information claimed to be Confidential
waived. The APA provides an exception AGENCY: Environmental Protection Business Information (CBI) or other
to the notice and comment procedures Agency (EPA). information whose disclosure is
when an agency finds there is good ACTION: Direct final rule. restricted by statute. Do not submit
cause for dispensing with those information that you consider to be CBI
procedures because they are SUMMARY: EPA is taking direct final
or otherwise protected through
impracticable, unnecessary, or contrary action to approve the State www.regulations.gov or e-mail. The
to the public interest. The Corporation Implementation Plan (SIP) revision of www.regulations.gov Web site is an
has determined under 5 U.S.C. 553 the Low Enhanced Vehicle Inspection/ ‘‘anonymous access’’ system, which
(b)(3) that good cause exists for Maintenance Program for the State of means EPA will not know your identity
dispensing with the notice of proposed Louisiana. This revision exempts the or contact information unless you
rulemaking and public comment two newest model year gasoline-fueled provide it in the body of your comment.
procedures for this rule. Specifically, passenger cars and trucks from On- If you send an e-mail comment directly
this rulemaking comports with the Board Diagnostic (OBD) testing. We are to EPA without going through
statutory authority in the Act with no taking this action in accordance with www.regulations.gov your e-mail
issues of policy discretion. Accordingly, Sections 110 and 182 of the Clean Air address will be automatically captured
the Corporation finds that the Act. and included as part of the comment
opportunity for prior comment is DATES: This rule is effective on January that is placed in the public docket and
unnecessary and contrary to the public 12, 2007 without further notice, unless made available on the Internet. If you
interest and is issuing this revised EPA receives relevant adverse comment submit an electronic comment, EPA
regulation as a final rule that will apply by December 13, 2006. If EPA receives recommends that you include your
to all future cases under this authority. such comment, EPA will publish a name and other contact information in
List of Subjects in 33 CFR Part 401 timely withdrawal in the Federal the body of your comment and with any
Register informing the public that this disk or CD–ROM you submit. If EPA
Hazardous materials transportation, rule will not take effect. cannot read your comment due to
Navigation (water), Penalties, Radio, ADDRESSES: Submit your comments, technical difficulties and cannot contact
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Reporting and recordkeeping identified by Docket ID No. EPA–R06– you for clarification, EPA may not be
requirements, Vessels, Waterways. OAR–2006–LA–0456, by one of the able to consider your comment.
■ Accordingly, the Saint Lawrence following methods: Electronic files should avoid the use of
Seaway Development Corporation is • Federal eRulemaking Portal: http:// special characters, any form of
amending 33 CFR Part chapter IV as www.regulations.gov. Follow the on-line encryption, and be free of any defects or
follows: instructions for submitting comments. viruses.

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66114 Federal Register / Vol. 71, No. 218 / Monday, November 13, 2006 / Rules and Regulations

Docket: All documents in the docket power to exempt vehicles of that model LDEQ reflects an overall reduction in
are listed in the www.regulations.gov year and vehicles from prior model VOC and NOX emissions and
index. Although listed in the index, years from OBD testing. The Secretary of demonstrates that the program will
some information is not publicly LDEQ submitted a SIP Revision for the continue to meet the performance
available, e.g., CBI or other information Low Enhanced Vehicle I/M Program for standard with the first two model years
whose disclosure is restricted by statute. the Baton Rouge Ozone Nonattainment exempted from testing. This data may be
Certain other material, such as Area. This nonattainment area consists found in the technical support
copyrighted material, will be publicly of Ascension, East Baton Rouge, document.
available only in hard copy. Publicly Iberville, Livingston, and West Baton
available docket materials are available Rouge Parishes. III. What Are the Federal
either electronically in The Clean Air Act as amended in Requirements?
www.regulations.gov or in hard copy at 1990 requires that Baton Rouge
implement a vehicle inspection/ Model year coverage is not strictly
the Air Planning Section (6PD–L), specified in 40 CFR 51.356 (Vehicle
Environmental Protection Agency, 1445 maintenance program to limit the
amounts of VOC and NOX emitted from Coverage) in the Federal I/M rule.
Ross Avenue, Suite 700, Dallas, Texas Special exemption may be permitted for
75202–2733. The file will be made motor vehicles. Beginning in February
of 1998, the EPA and the state of certain subject vehicles provided a
available by appointment for public demonstration is made showing the
inspection in the Region 6 FOIA Review Louisiana consulted on an approvable I/
M Program plan. On September 26, performance standard is met. All model
Room between the hours of 8:30 a.m. year exemptions are covered by this
and 4:30 p.m. weekdays except for legal 2002, the EPA approved the I/M
program for the Baton Rouge provision. The state of Louisiana
holidays. Contact the person listed in
nonattainment area. The program provided sufficient MOBILE6 modeling
the FOR FURTHER INFORMATION CONTACT
required annual safety inspections on that supports an overall reduction in
paragraph below or Mr. Bill Deese at
vehicles that are gasoline-fueled and NOX and VOC as required in Section
(214) 665–7253 to make an
have a gross vehicle weight rating 182(c)(3) of the Clean Air Act. This
appointment. If possible, please make
(GVWR) of 10,000 pounds or less that evidence of an overall reduction in NOX
the appointment at least two working
are registered in the covered area. The and VOC demonstrates that this SIP
days in advance of your visit. There will
subject vehicles are identified through revision meets and complies with
be a 15 cent per page fee for making
the Department of Public Safety Office section 110(l) of the Act.
photocopies of documents. On the day
of the visit, please check in at the EPA of Motor Vehicles database of registered
IV. What Is the Effect of This Action?
Region 6 reception area at 1445 Ross vehicles in the five-parish
Avenue, Suite 700, Dallas, Texas. nonattainment area. By definition, the OBD computer
The State submittal is also available II. What Did the State Submit? system is installed in a vehicle by the
for public inspection at the State Air manufacturer, and monitors the
The May 5, 2006, submittal includes performance of the vehicle’s emissions
Agency listed below during official
a SIP narrative and a modeling
business hours by appointment: control equipment. The inspection of
demonstration. The State also submitted
Louisiana Department of Environmental the OBD system consists of a visual
documentation giving the Secretary of
Quality, Air Quality Division, 602 N. check of the vehicle’s malfunction
the LDEQ additional authority in
Fifth Street, Baton Rouge, Louisiana indicator lamp, and an electronic
administering the I/M program. On July
70802. examination of the OBD system. This
1, 2004, Act No. 584 of the 2004 Regular
FOR FURTHER INFORMATION CONTACT: Mrs. exemption alleviates a portion of the
Session of the Louisiana Legislature
Sandra Rennie, Air Planning Section revised section 2054 of the Louisiana waiting time incurred at inspection
(6PD–L), Multimedia Planning and Revised Statutes R.S. 30:2054(B)(8) to stations by decreasing the amount of
Permitting Division, U.S. EPA, Region 6, authorize the secretary of environmental vehicles subject to the entire inspection
1445 Ross Avenue, Dallas, Texas 75202, quality at the beginning of each year to process. The exempted vehicles are only
(214) 665–7367, e-mail address: exempt vehicles of that calendar year required to obtain visual anti-tampering
rennie.sandra@epa.gov. and vehicles from the prior model year checks and gas cap integrity tests.
SUPPLEMENTARY INFORMATION: from OBD testing. State regulations V. Why Can We Approve This
Throughout this document wherever revised in March 2005 to reflect this Revision?
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean change were also submitted. Louisiana
the EPA. Administrative Code Title 55:Part III, We conclude that the Baton Rouge I/
Chapter 8 was revised at LAC 55:III: M Program meets the requirements of
Outline 819(C) in November 2004 to allow the the Federal I/M regulations. Therefore,
I. What Action Is the EPA Taking? exemptions pursuant to R.S. EPA can approve the revisions to the
II. What Did the State Submit? 30:2054(B)(8). The I/M program grants Baton Rouge low enhanced vehicle I/M
III. What Are the Federal Requirements? no other special exemptions. program. The State consulted with
IV. What Is the Effect of This Action?
V. Why Can We Approve This Request?
The modeling demonstration EPA’s Office of Transportation and Air
VI. Final Action provided 2002 modeling and 2007 Quality in preparation of the MOBILE
VII. Statutory and Executive Order Reviews projections using MOBILE 6.2.03 6.2.03 demonstration. The State
emission factor modeling. MOBILE is an submitted the modeling demonstration
I. What Action Is the EPA Taking? EPA emission factor model used to showing that the low enhanced
EPA is taking direct final action to predict pollution from on-road motor performance standard, as established in
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fully approve a revision to the Louisiana vehicles. The model accounts for 2002, is met when the two newest
SIP. During the 2004 Regular Session of changes in vehicle population, activity, model years are exempt from OBD
the Louisiana Legislature, legislation variation, and emission standards in testing. The revision meets the
was enacted granting the Secretary of local conditions such as temperature, performance standard requirements, and
the Louisiana Department of humidity, fuel quality, and air quality. it meets and complies with section
Environmental Quality (LDEQ) the The MOBILE6 modeling submitted by 110(l) of the Act.

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Federal Register / Vol. 71, No. 218 / Monday, November 13, 2006 / Rules and Regulations 66115

VI. Final Action Unfunded Mandates Reform Act of 1995 Congress and to the Comptroller General
(Pub. L. 104–4). of the United States. EPA will submit a
We are approving this revision to the This rule also does not have tribal report containing this rule and other
Baton Rouge I/M program. EPA is implications because it will not have a required information to the U.S. Senate,
publishing this rule without prior substantial direct effect on one or more the U.S. House of Representatives, and
proposal because we view this as a Indian tribes, on the relationship the Comptroller General of the United
noncontroversial amendment and between the Federal Government and States prior to publication of the rule in
anticipate no adverse comments. Indian tribes, or on the distribution of the Federal Register. A major rule
However, in the proposed rules section power and responsibilities between the cannot take effect until 60 days after it
of this Federal Register publication, we Federal Government and Indian tribes, is published in the Federal Register.
are publishing a separate document that as specified by Executive Order 13175 This action is not a ‘‘major rule’’ as
will serve as the proposal to approve the (65 FR 67249, November 9, 2000). This defined by 5 U.S.C. 804(2).
SIP revision if adverse comments are action also does not have Federalism Under section 307(b)(1) of the Clean
received. This rule will be effective on implications because it does not have Air Act, petitions for judicial review of
January 12, 2007 without further notice substantial direct effects on the States, this action must be filed in the United
unless we receive adverse comment by on the relationship between the national States Court of Appeals for the
December 13, 2006. If we receive government and the States, or on the appropriate circuit by January 12, 2007.
adverse comments, we will publish a distribution of power and Filing a petition for reconsideration by
timely withdrawal in the Federal responsibilities among the various the Administrator of this final rule does
Register informing the public that the levels of government, as specified in not affect the finality of this rule for the
rule will not take effect. We will address Executive Order 13132 (64 FR 43255, purposes of judicial review nor does it
all public comments in a subsequent August 10, 1999). This action merely extend the time within which a petition
final rule based on the proposed rule. approves a state rule implementing a for judicial review may be filed, and
We will not institute a second comment Federal standard, and does not alter the shall not postpone the effectiveness of
period on this action. Any parties relationship or the distribution of power such rule or action. This action may not
interested in commenting must do so at and responsibilities established in the be challenged later in proceedings to
this time. Please note that if we receive Clean Air Act. This rule also is not enforce its requirements. (See section
adverse comment on an amendment, subject to Executive Order 13045 307(b)(2).)
paragraph, or section of this rule and if ‘‘Protection of Children from
that provision may be severed from the Environmental Health Risks and Safety List of Subjects in 40 CFR Part 52
remainder of the rule, we may adopt as Risks’’ (62 FR 19885, April 23, 1997), Environmental protection, Air
final those provisions of the rule that are because it is not economically pollution control, Incorporation by
not the subject of an adverse comment. significant. reference, Intergovernmental relations,
VII. Statutory and Executive Order In reviewing SIP submissions, EPA’s Nitrogen dioxide, Ozone, Reporting and
Reviews role is to approve state choices, recordkeeping requirements, Volatile
provided that they meet the criteria of organic compounds.
Under Executive Order 12866 (58 FR the Clean Air Act. In this context, in the Dated: October 23, 2006.
51735, October 4, 1993), this action is absence of a prior existing requirement Richard E. Greene,
not a ‘‘significant regulatory action’’ and for the State to use voluntary consensus
Regional Administrator, Region 6.
therefore is not subject to review by the standards (VCS), EPA has no authority
Office of Management and Budget. For to disapprove a SIP submission for ■ 40 CFR part 52 is amended as follows:
this reason, this action is also not failure to use VCS. It would thus be ■ Part 52, chapter I, title 40 of the Code
subject to Executive Order 13211, inconsistent with applicable law for of Federal Regulations is amended as
‘‘Actions Concerning Regulations That EPA, when it reviews a SIP submission, follows:
Significantly Affect Energy Supply, to use VCS in place of a SIP submission
Distribution, or Use’’ (66 FR 28355, May that otherwise satisfies the provisions of PART 52—[AMENDED]
22, 2001). This action merely approves the Clean Air Act. Thus, the ■ 1. The authority citation for part 52
state law as meeting Federal requirements of section 12(d) of the continues to read as follows:
requirements and imposes no additional National Technology Transfer and
Authority: 42 U.S.C. 7401 et seq.
requirements beyond those imposed by Advancement Act of 1995 (15 U.S.C.
State law. Accordingly, the 272 note) do not apply. This rule does Subpart T—Louisiana
Administrator certifies that this rule not impose an information collection
will not have a significant economic burden under the provisions of the ■ 2. The table in 40 CFR 52.970(c)
impact on a substantial number of small Paperwork Reduction Act of 1995 (44 entitled ‘‘EPA Approved Louisiana
entities under the Regulatory Flexibility U.S.C. 3501 et seq.). Regulations in the Louisiana SIP,’’ is
Act (5 U.S.C. 601 et seq.). Because this The Congressional Review Act, 5 amended by revising Section 819 in
rule approves pre-existing requirements U.S.C. 801 et seq., as added by the Small LAC Title 55, Part III, Motor Vehicles,
under State law and does not impose Business Regulatory Enforcement Chapter 8, Motor Vehicle Inspection as
any additional enforceable duty beyond Fairness Act of 1996, generally provides shown below:
that required by State law, it does not that before a rule may take effect, the
contain any unfunded mandate or agency promulgating the rule must § 52.970 Identification of plan.
significantly or uniquely affect small submit a rule report, which includes a * * * * *
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governments, as described in the copy of the rule, to each House of the (c) * * *

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66116 Federal Register / Vol. 71, No. 218 / Monday, November 13, 2006 / Rules and Regulations

EPA APPROVED LOUISIANA REGULATIONS IN THE LOUISIANA SIP


State citation Title/subject State submittal/ approval date EPA approval date Comments

* * * * * * *
LAC Title 55. Part III. Motor Vehicles, Chapter 8. Motor Vehicle Inspections

* * * * * * *
Subchapter C. Vehicle Emission Inspection and Maintenance Program

* * * * * * *
Section 819 ............................... Anti-tampering and Inspection May 5, 2006 ............................ November 13, 2006, [Insert
and Maintenance Param- Federal Register page
eters. number].

* * * * * * *

[FR Doc. E6–19020 Filed 11–9–06; 8:45 am] immediate final rule in the Federal form of encryption, and be free of any
BILLING CODE 6560–50–P Register and inform the public that this defects or viruses. You can view and
authorization will not take effect. copy Louisiana’s application and
ADDRESSES: Submit your comments by associated publicly available materials
ENVIRONMENTAL PROTECTION one of the following methods: from 8:30 a.m. to 4 p.m. Monday
AGENCY 1. Federal eRulemaking Portal: through Friday at the following
http://www.regulations.gov. Follow the locations: Louisiana Department of
40 CFR Part 271 on-line instructions for submitting Environmental Quality, 602 N. Fifth
[EPA–R06–RCRA–2006–0914; FRL–8241–3] comments. Street, Baton Rouge, Louisiana 70884–
2. E-mail: patterson.alima@epa.gov. 2178, phone number (225) 219–3559
Louisiana: Final Authorization of State 3. Mail: Alima Patterson, Region 6, and EPA, Region 6, 1445 Ross Avenue,
Hazardous Waste Management Regional Authorization Coordinator, Dallas, Texas 75202–2733, phone
Program Revision State/Tribal Oversight Section (6PD–O), number (214) 665–8533. Interested
Multimedia Planning and Permitting persons wanting to examine these
AGENCY: Environmental Protection Division, EPA Region 6, 1445 Ross documents should make an
Agency (EPA). Avenue, Dallas, Texas 75202–2733. appointment with the office at least two
ACTION: Immediate final rule. 4. Hand Delivery or Courier. Deliver weeks in advance.
your comments to Alima Patterson,
SUMMARY: Louisiana has applied to the FOR FURTHER INFORMATION CONTACT:
Region 6, Regional Authorization
EPA for final authorization of the Coordinator, State/Tribal Oversight Alima Patterson, Region 6 Regional
changes to its hazardous waste program Section (6PD–O), Multimedia Planning Authorization Coordinator, State/Tribal
under the Resource Conservation and and Permitting Division, EPA Region 6, Oversight Section (6PD–O), Multimedia
Recovery Act (RCRA). The EPA has 1445 Ross Avenue, Dallas, Texas 75202– Planning and Permitting Division, (214)
determined that these changes satisfy all 2733. 665–8533), EPA Region, 1145 Ross
requirements needed to qualify for final Instructions: Do not submit Avenue, Dallas, Texas 75202–2733, and
authorization, and is authorizing the information that you consider to be CBI E-mail address
State’s changes through this immediate or otherwise protected through patterson.alima@epa.gov.
final action. The EPA is publishing this regulations.gov, or e-mail. The Federal
rule to authorize the changes without a regulations.gov Web site is an SUPPLEMENTARY INFORMATION:
prior proposal because we believe this ‘‘anonymous access’’ system, which A. Why Are Revisions to State
action is not controversial and do not means the EPA will not know your Programs Necessary?
expect comments that oppose it. Unless identity or contact information unless
we receive written comments which you provide it in the body of your States which have received final
oppose this authorization during the comment. If you send an e-mail authorization from the EPA under RCRA
comment period, the decision to comment directly to the EPA without section 3006(b), 42 U.S.C. 6926(b), must
authorize Louisiana’s changes to its going through regulations.gov, your e- maintain a hazardous waste program
hazardous waste program will take mail address will be automatically that is equivalent to, consistent with,
effect. If we receive comments that captured and included as part of the and no less stringent than the Federal
oppose this action, we will publish a comment that is placed in the public program. As the Federal program
document in the Federal Register docket and made available on the changes, States must change their
withdrawing this rule before it takes Internet. If you submit an electronic programs and ask the EPA to authorize
effect, and a separate document in the comment, the EPA recommends that the changes. Changes to State programs
proposed rules section of this Federal you include your name and other may be necessary when Federal or State
Register will serve as a proposal to contact information in the body of your statutory or regulatory authority is
authorize the changes. comment and with any disk or CD–ROM modified or when certain other changes
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DATES: This final authorization will you submit. If the EPA cannot read your occur. Most commonly, States must
become effective on January 12, 2007 comment due to technical difficulties change their programs because of
unless the EPA receives adverse written and cannot contact you for clarification, changes to the EPA’s regulations in 40
comment by December 13, 2006. If the the EPA may not be able to consider Code of Federal Regulations (CFR) parts
EPA receives such comment, it will your comment. Electronic files should 124, 260 through 266, 268, 270, 273, and
publish a timely withdrawal of this avoid the use of special characters, any 279.

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