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Federal Register / Vol. 70, No.

88 / Monday, May 9, 2005 / Proposed Rules 24347

under Executive Order 12866 and is not PART 165—REGULATED NAVIGATION with the instructions of the Captain of
likely to have a significant adverse effect AREAS AND LIMITED ACCESS AREAS the Port or his designated
on the supply, distribution, or use of representative.
energy. The Administrator of the Office 1. The authority citation for part 165 (c) Enforcement. The Captain of the
of Information and Regulatory Affairs continues to read as follows: Port will enforce this security zone and
has not designated it as a significant Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. may be assisted in the patrol and
energy action. Therefore, it does not Chapter 701; 50 U.S.C. 191, 195; 33 CFR enforcement of this security zone by any
require a Statement of Energy Effects 1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. Federal, State, county, municipal, or
under Executive Order 13211. 107–295, 116 Stat. 2064; Department of private agency.
Homeland Security Delegation No. 0170.1.
Technical Standards 2. Revise § 165.1190 to read as Dated: April 28, 2005.
follows: Gordon A. Loebl,
The National Technology Transfer
Commander, U.S. Coast Guard, Acting
and Advancement Act (NTTAA) (15 § 165.1190 Security Zone; San Francisco Captain of the Port, San Francisco Bay,
U.S.C. 272 note) directs agencies to use Bay, Oakland Estuary, Alameda, CA. California.
voluntary consensus standards in their (a) Location. The following area is a [FR Doc. 05–9206 Filed 5–6–05; 8:45 am]
regulatory activities unless the agency security zone: All navigable waters of BILLING CODE 4910–15–P
provides Congress, through the Office of the Oakland Estuary, California, from
Management and Budget, with an the surface to the sea floor,
explanation of why using these approximately 150 feet into the Oakland
standards would be inconsistent with ENVIRONMENTAL PROTECTION
Estuary surrounding the Coast Guard AGENCY
applicable law or otherwise impractical. Island Pier. The perimeter of the
Voluntary consensus standards are security zone follows the same 40 CFR Part 52
technical standards (e.g., specifications perimeter as the floating security barrier
of materials, performance, design, or installed around the Coast Guard Island [R04–OAR–2005–GA–0004–200504(b); FRL–
operation; test methods; sampling pier. The perimeter of the security 7909–6]
procedures; and related management barrier is located along the following
systems practices) that are developed or Approval and Promulgation of
coordinates: Commencing at a point on Implementation Plans Georgia:
adopted by voluntary consensus land approximately 150 feet northwest
standards bodies. Approval of Revisions to the Georgia
of the northwestern end of the Coast State Implementation Plan
This proposed rule does not use Guard Island Pier at latitude
technical standards. Therefore, we did 37°46′52.73″ N and longitude AGENCY: Environmental Protection
not consider the use of voluntary 122°15′06.99″ W; thence to the edge of Agency (EPA).
consensus standards. the navigable channel at latitude ACTION: Proposed rule.
Environment 37°46′51.83″ N and longitude
122°15′07.47″ W; thence to a position SUMMARY: The EPA is proposing to
We have analyzed this proposed rule approximately 30 feet into the charted approve the State Implementation Plan
under Commandant Instruction navigation channel at latitude (SIP) revisions submitted by the State of
M16475.lD, which guides the Coast 37°46′51.27″ N and longitude Georgia, through the Georgia
Guard in complying with the National 122°15′07.22″ W; thence closely Environmental Protection Division
Environmental Policy Act of 1969 paralleling the edge of the charted (GAEPD), on March 15, 2005. These
(NEPA)(42 U.S.C. 4321–4370f), and navigation channel to latitude revisions pertain to Georgia’s rules for
have concluded that there are no factors 37°46′46.75″ N and longitude Air Quality Control and were the subject
in this case that would limit the use of 122°15′00.21″ W; thence closely of a public hearing held on March 18,
a categorical exclusion under section paralleling the edge of the charted 2004, and adopted by the Board of
2.B.2 of the Instruction. Therefore, this navigation channel to a point Natural Resources on April 28, 2004.
rule is categorically excluded, under approximately 50 feet into the charted The revisions became effective in the
figure 2–1, paragraph (34)(g), of the navigation channel at latitude State on July 8, 2004. On September 26,
Instruction, from further environmental 37°46′42.36″ N and longitude 2003, EPA published a final rule in the
documentation because we are 122°14′51.55″ W; thence to a point on Federal Register (see 68 FR 55469)
establishing a security zone. land approximately 150 feet southeast of reclassifying the Atlanta 1-hour ozone
A draft ‘‘Environmental Analysis the southeastern end of the Coast Guard nonattainment area from serious to
Check List’’ and a draft ‘‘Categorical Island Pier at latitude 37°46′43.94″ N severe. These revisions satisfy the
Exclusion Determination’’ (CED) are and longitude 122°14′49.89″ W; thence additional requirements for severe
available in the docket where indicated northwest along the shoreline back to 1-hour ozone nonattainment areas. In
under ADDRESSES. Comments on this the beginning point. the Final Rules section of this Federal
section will be considered before we (b) Regulations. (1) Under § 165.33, Register, EPA is approving the State’s
make the final decision on whether to entry into or remaining in this zone is SIP revision as a direct final rule
categorically exclude this rule from prohibited unless authorized by the without prior proposal because the
further environmental review. Coast Guard Captain of the Port, San Agency views this as noncontroversial
List of Subjects in 33 CFR Part 165 Francisco Bay, or his designated and anticipates no adverse comments. A
representative. detailed rationale for the approval is set
Harbors, Marine safety, Navigation (2) Persons desiring to transit the area forth in the direct final rule. If no
(water), Reporting and recordkeeping of the security zone may contact the significant, material, and adverse
requirements, Security measures, Captain of the Port at telephone number comments are received in response to
Waterways. 415–399–3547 or on VHF–FM channel this rule, no further activity is
For the reasons discussed in the 16 (156.8 MHz) to seek permission to contemplated. If EPA receives adverse
preamble, the Coast Guard proposes to transit the area. If permission is granted, comments, the direct final rule will be
amend 33 CFR part 165 as follows: all persons and vessels must comply withdrawn and all public comments

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24348 Federal Register / Vol. 70, No. 88 / Monday, May 9, 2005 / Proposed Rules

received will be addressed in a excess emissions during startup, the comment includes information
subsequent final rule based on this rule. shutdown, and malfunction (SSM) claimed to be Confidential Business
The EPA will not institute a second activities. The action will have the effect Information (CBI) or other information
comment period on this document. Any of extending the expiration date of the disclosure of which is restricted by
parties interested in commenting on this certain provisions from June 30, 2005 to statute. Do not submit information
document should do so at this time. no later than June 30, 2006. Texas is through RME, regulations.gov, or e-mail
DATES: Written comments must be making this change to allow for if you believe that it is CBI or otherwise
received on or before June 8, 2005. additional time before these provisions protected from disclosure. The EPA
ADDRESSES: Comments may be expire from the SIP to submit a revised RME Web site and the Federal
submitted by mail to: Scott M. Martin, excess emissions rule for our approval regulations.gov are ‘‘anonymous access’’
Regulatory Development Section, Air into the SIP. See sections 2 and 3 of this systems, which means EPA will not
Planning Branch, Air, Pesticides and document for more information. know your identity or contact
Toxics Management Division, U.S. DATES: Comments must be received on information unless you provide it in the
Environmental Protection Agency, or before June 8, 2005. body of your comment. If you send an
Region 4, 61 Forsyth Street, SW., e-mail comment directly to EPA without
ADDRESSES: Submit your comments,
Atlanta, Georgia 30303–8960. going through RME or regulations.gov,
identified by Regional Material in
Comments may also be submitted your e-mail address will be
EDocket (RME) ID No. R06-OAR–2005-
electronically, or through hand automatically captured and included as
TX–0022, by one of the following
delivery/courier. Please follow the part of the comment that is placed in the
methods: public file and made available on the
detailed instructions described in the Federal eRulemaking Portal: http://
direct final rule, ADDRESSES section Internet. If you submit an electronic
www.regulations.gov. Follow the on-line comment, we recommend that you
which is published in the Rules Section instructions for submitting comments. include your name and other contact
of this Federal Register. Agency Web site: http:// information in the body of your
FOR FURTHER INFORMATION CONTACT: docket.epa.gov/rmepub/ Regional comment and with any disk or CD–ROM
Scott M. Martin, Regulatory Material in EDocket (RME), EPA’s you submit. If EPA cannot read your
Development Section, Air Planning electronic public docket and comment comment due to technical difficulties
Branch, Air, Pesticides and Toxics system, is EPA’s preferred method for and cannot contact you for clarification,
Management Division, U.S. receiving comments. Once in the EPA may not be able to consider your
Environmental Protection Agency, system, select ‘‘quick search,’’ then key comment. Electronic files should avoid
Region 4, 61 Forsyth Street, SW., in the appropriate RME Docket the use of special characters, any form
Atlanta, Georgia 30303–8960. The identification number. Follow the on- of encryption, and be free of any defects
telephone number is (404) 562–9036. line instructions for submitting or viruses.
Mr. Martin can also be reached via comments. Docket: All documents in the
electronic mail at martin.scott@epa.gov. U.S. EPA Region 6 ‘‘Contact Us’’ Web electronic docket are listed in the
SUPPLEMENTARY INFORMATION: For site: http://epa.gov/region6/ Regional Material in EDocket (RME)
additional information see the direct r6coment.htm. Please click on ‘‘6PD’’ index at http://docket.epa.gov/rmepub/.
final rule which is published in the (Multimedia) and select ‘‘Air’’ before Although listed in the index, some
Rules section of this Federal Register. submitting comments. information is not publicly available,
E-mail: Mr. Thomas Diggs at i.e., CBI or other information whose
Dated: April 29, 2005.
diggs.thomas@epa.gov. Please also cc disclosure is restricted by statute.
A. Stanley Meiburg,
the person listed in the FOR FURTHER Certain other material, such as
Acting Regional Administrator, Region 4. INFORMATION CONTACT section below. copyrighted material, is not placed on
[FR Doc. 05–9214 Filed 5–6–05; 8:45 am] Fax: Mr. Thomas Diggs, Chief, Air the Internet and will be publicly
BILLING CODE 6560–50–P Planning Section (6PD–L), at fax available only in hard copy form.
number 214–665–7263. Publicly available docket materials are
Mail: Mr. Thomas Diggs, Chief, Air available either electronically in RME or
ENVIRONMENTAL PROTECTION Planning Section (6PD-L), in the official file which is available at
AGENCY Environmental Protection Agency, 1445 the Air Planning Section (6PD–L),
Ross Avenue, Suite 1200, Dallas, Texas Environmental Protection Agency, 1445
40 CFR Part 52
75202–2733. Ross Avenue, Suite 700, Dallas, Texas
[R06–OAR–2005–TX–0022; FRL–7909–1] Hand or Courier Delivery: Mr. Thomas 75202–2733. The file will be made
Diggs, Chief, Air Planning Section available by appointment for public
Limited Approval and Promulgation of (6PD–L), Environmental Protection inspection in the Region 6 FOIA Review
Implementation Plans; Texas; Excess Agency, 1445 Ross Avenue, Suite 1200, Room between the hours of 8:30 a.m.
Emissions During Startup, Shutdown, Dallas, Texas 75202–2733. Such and 4:30 p.m. weekdays except for legal
and Malfunction Activities deliveries are accepted only between the holidays. Contact the person listed in
AGENCY: Environmental Protection hours of 8 a.m. and 4 p.m. weekdays the FOR FURTHER INFORMATION CONTACT
Agency (EPA). except for legal holidays. Special paragraph below to make an
ACTION: Proposed rule. arrangements should be made for appointment. If possible, please make
deliveries of boxed information. the appointment at least two working
SUMMARY: The EPA is proposing to grant Instructions: Direct your comments to days in advance of your visit. There will
limited approval of revisions to the RME ID No. R06–OAR–2005–TX–0022. be a 15 cent per page fee for making
Texas State Implementation Plan (SIP) The EPA’s policy is that all comments photocopies of documents. On the day
through the parallel processing received will be included in the public of the visit, please check in at the EPA
mechanism. Specifically, we are file without change, and may be made Region 6 reception area at 1445 Ross
proposing to grant limited approval of available online at http:// Avenue, Suite 700, Dallas, Texas.
revisions to 30 TAC Chapter 101, docket.epa.gov/rmepub/, including any The State submittal is also available
General Air Quality Rules concerning personal information provided, unless for public inspection at the State Air

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