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73380 Federal Register / Vol. 70, No.

237 / Monday, December 12, 2005 / Rules and Regulations

Dated: December 6, 2005. clearance above Mean High Water when ACTION: Direct final rule.
L.M. Bynum, closed. As required by 33 CFR 117.189,
Alternate OSD Federal Register Liaison the drawbridge opens on signal from SUMMARY: EPA is taking direct final
Officer, DoD. approaching vessels from 6 a.m. to 10 action to approve a State
[FR Doc. 05–23880 Filed 12–9–05; 8:45 am] p.m. May 1 through October 31 and Implementation Plan (SIP) revision
BILLING CODE 5001–06–M from 9 a.m. to 5 p.m. November 1 submitted by the Texas Commission on
through April 30. At all other times the Environmental Quality (TCEQ) on
draw shall open if at least 4-hours August 15, 2002. This SIP revision
advance notice is given. approves the adoption by reference of a
DEPARTMENT OF HOMELAND
Numerous waterway users were Memorandum of Understanding (MOU)
SECURITY
consulted prior to the determination. It between the TCEQ and the Texas
Coast Guard was determined that potential Department of Transportation (TxDOT).
navigational impacts will be reduced if The MOU is adopted into the Texas rule
33 CFR Part 117 the repairs are performed November at 30 TAC, Chapter 7, Section 119
through March when there is less (Section 7.119). This MOU concerns the
[CGD 11–05–035] coordination of environmental reviews
recreational boating traffic. The Coast
Guard approved the deviation effective associated with transportation projects.
Drawbridge Operation Regulations;
from 7 a.m. January 9, 2006 through 6 The adoption by reference of this MOU
Sacramento River, Isleton, CA
p.m. on February 17, 2006. will streamline coordination between
AGENCY: Coast Guard, DHS. During these times, single leaf the TCEQ and TxDOT by consolidating
ACTION: Notice of temporary deviation operation of the drawspan will be separate MOUs currently in the air and
from regulations. permitted, with a 12-hour advance water regulations. This action is
notice. important to satisfy the need of the
SUMMARY: The Commander, Eleventh Commission and TxDOT to coordinate
The drawspan shall resume normal
Coast Guard District, has issued a operation at the conclusion of the regulatory programs and to ensure that
temporary deviation from the regulation essential repair work. Mariners should overlapping areas of responsibility are
governing the operation of the CA–160 contact the Rio Vista Drawbridge on clarified. This approval will make the
Highway Drawbridge across the VHF–FM Channel 16 or by telephone at MOU revised regulations Federally
Sacramento River, mile 18.7, at Isleton, (707) 374–2134, in advance, to enforceable.
CA. This deviation allows Caltrans to determine conditions at the bridge and
perform single leaf operation of the DATES: This rule is effective on February
to make passing arrangements. 10, 2006 without further notice, unless
drawbridge with a 12-hour advance In the event of an emergency, the
notification to the Rio Vista drawbridge. EPA receives adverse comment by
bridge owner would require 15-hour January 11, 2006. If EPA receives such
The temporary deviation is necessary to advance notice to open both leaves of
repair essential operating machinery. comment, EPA will publish a timely
the bridge. Vessels that can safely pass withdrawal in the Federal Register
DATES: This deviation is effective from through the closed drawbridge may informing the public that this rule will
7 a.m. January 9, 2006 through 6 p.m. continue to do so at any time. not take effect.
on February 17, 2006. In accordance with 33 CFR 117.35(c), ADDRESSES: Submit your comments,
ADDRESSES: Materials referred to in this this work shall be performed with all identified by Docket No. EPA–R06–
document are available for inspection or due speed to return the drawbridge to OAR–2004–TX–0001, by one of the
copying at Commander (dpw), Eleventh normal operation as soon as possible. following methods:
Coast Guard District, Building 50–3, This deviation from the operating • Federal eRulemaking Portal: http://
Coast Guard Island, Alameda, CA regulations is approved under the www.regulations.gov. Follow the on-line
94501–5100, between 8 a.m. and 4 p.m., provisions of 33 CFR 117.35. instructions for submitting comments.
Monday through Friday, except Federal
Dated: November 22, 2005. • EPA Region 6 ‘‘Contact Us’’ Web
holidays. The telephone number is (510)
Kevin J. Eldridge, site: http://epa.gov/region6/
437–3515. Commander (dpw), Eleventh
Rear Admiral, U. S. Coast Guard, r6coment.htm. Please click on ‘‘6PD’’
Coast Guard District, maintains the
Commander, Eleventh Coast Guard District. (Multimedia) and select ‘‘Air’’ before
public docket for this temporary
[FR Doc. 05–23889 Filed 12–9–05; 8:45 am] submitting comments.
deviation.
BILLING CODE 4910–15–P
• E-mail: Mr. Thomas Diggs at
FOR FURTHER INFORMATION CONTACT: diggs.thomas@epa.gov. Please also send
David H. Sulouff, Chief, Bridge Section, a copy by e-mail to the person listed in
Eleventh Coast Guard District, the FOR FURTHER INFORMATION CONTACT
telephone (510) 437–3516. ENVIRONMENTAL PROTECTION
AGENCY section below.
SUPPLEMENTARY INFORMATION: The • Fax: Mr. Thomas Diggs, Chief, Air
California Department of Transportation 40 CFR Part 52 Planning Section (6PD–L), at fax
has requested to temporarily change the number 214–665–7263.
operating procedures for the CA–160 [EPA–R06–OAR–2004–TX–0001; FRL–8007– • Mail: Mr. Thomas Diggs, Chief, Air
Highway Drawbridge, mile 18.7, 5]
Planning Section (6PD–L),
Sacramento River, at Isleton, CA, to Approval and Promulgation of Environmental Protection Agency, 1445
allow single leaf operation, with a 12- Implementation Plans; Texas; Ross Avenue, Suite 1200, Dallas, Texas
hour advance notice to the Rio Vista Memoranda of Understanding Between 75202–2733.
Drawbridge, from 7 a.m. January 9, 2006 Texas Department of Transportation • Hand or Courier Delivery: Mr.
through 6 p.m. on February 17, 2006, to and the Texas Commission on Thomas Diggs, Chief, Air Planning
repair essential operating machinery. Environmental Quality Section (6PD–L), Environmental
The drawbridge provides unlimited Protection Agency, 1445 Ross Avenue,
vertical clearance in the full open-to- AGENCY: Environmental Protection Suite 1200, Dallas, Texas 75202–2733.
navigation position, and 15 ft. vertical Agency (EPA). Such deliveries are accepted only

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Federal Register / Vol. 70, No. 237 / Monday, December 12, 2005 / Rules and Regulations 73381

between the hours of 8 a.m. and 4 p.m. paragraph below or Mr. Bill Deese at II. Why Was This SIP Revision
weekdays except for legal holidays. 214–665–7253 to make an appointment. Submitted?
Special arrangements should be made If possible, please make the
for deliveries of boxed information. appointment at least two working days The State of Texas adopted the MOU
Instructions: Direct your comments to in advance of your visit. There will be and a new Section 7.119 and submitted
Docket ID No. EPA–R06–OAR–2004– a 15 cent per page fee for making the revision to EPA for approval into the
TX–0001. EPA’s policy is that all photocopies of documents. On the day SIP on August 22, 2002. The rule and
comments received will be included in of the visit, please check in at the EPA MOU streamlines coordination between
the public docket without change and Region 6 reception area at 1445 Ross the TCEQ and TxDOT by consolidating
may be made available online at Avenue, Suite 700, Dallas, Texas. separate MOUs currently in the air
http://www.regulations.gov, including The State submittal is also available regulations (30 TAC Section 114.250)
any personal information provided, for public inspection at the State Air and in water regulations (30 TAC
unless the comment includes Agency listed below during official Section 305.521). The rule adopts by
information claimed to be Confidential business hours by appointment: reference a TxDOT MOU by
Business Information (CBI) or other Texas Commission on Environmental consolidating these separate MOUs. The
information whose disclosure is Quality, Office of Air Quality, 12124 TCEQ repealed 30 TAC Section 114.250
restricted by statute. Do not submit Park 35 Circle, Austin, Texas 78753. which previously contained the MOU in
information that you consider to be CBI FOR FURTHER INFORMATION CONTACT: the air regulations. Section 114.250 is
or otherwise protected through Alima Patterson, State/Oversight not part of the SIP so no action on its
www.regulations.gov or e-mail. The Section (6PD–O), Environmental repeal is necessary by EPA.
www.regulations.gov Web site is an Protection Agency, Region 6, 1445 Ross The EPA was given the opportunity
‘‘anonymous access’’ system, which Avenue, Suite 700, Dallas, Texas 75202– during the State’s public participation
means EPA will not know your identity 2733, telephone (214) 665–7247; fax process to comment on the proposed
or contact information unless you number 214–665–7263; e-mail address rule and supported the repeal of Section
provide it in the body of your comment. patterson.alima@epa.gov. 114.250 and Section 305.521 in favor of
If you send an e-mail comment directly the new Section 7.119.
SUPPLEMENTARY INFORMATION:
to EPA without going through The provisions of the MOU regarding
www.regulations.gov your Throughout this document, whenever
‘‘we’’, ‘‘us’’, or ‘‘our’’ is used, we mean the processing of documents are in
e-mail address will be automatically compliance with the requirements of the
captured and included as part of the the EPA.
National Environmental Policy Act. The
comment that is placed in the public Outline MOU establishes periods for review of
docket and made available on the documents and ensured coordination
I. What Action Is EPA Taking?
Internet. If you submit an electronic II. Why Was This SIP Revision Submitted? between the agencies on road projects
comment, EPA recommends that you III. What Is the Effect of This Action? that could have environmental impacts.
include your name and other contact IV. Final Action The proposed rule does not represent a
information in the body of your V. Statutory and Executive Order Reviews change from current practices, but is
comment and with any disk or CD–ROM intended to streamline coordination
you submit. If EPA cannot read your I. What Action Is EPA Taking?
between the two agencies by
comment due to technical difficulties We are granting direct final approval
consolidating separate MOU provisions
and cannot contact you for clarification, to a SIP revision submitted by the State
currently in the air regulations and the
EPA may not be able to consider your of Texas which adopts by reference a
water regulations. There are no fiscal
comment. Electronic files should avoid MOU between the TCEQ 1 and the
implications anticipated to State or
the use of special characters, any form TxDOT. The MOU was adopted into the
Local units of government. Section
of encryption, and be free of any defects Texas Rule at 30 TAC, Chapter 7,
7.119 will be re-evaluated each year of
or viruses. Section 119 (Section 7.119) on April 10,
Docket: All documents in the docket the first five years of the agreement
2002. The provisions of the new Section
are listed in the http:// between TCEQ and TxDOT. The
7.119 of the MOU as adopted became
www.regulations.gov index. Although proposed rule and the MOU satisfies the
effective on May 2, 2002, (See 27 Texas
listed in the index, some information is need of the commission and TxDOT to
Register 3560). The approval of this new
not publicly available, e.g., CBI or other coordinate regulatory programs and to
Section 7.119 of the State regulation
information whose disclosure is ensure that overlapping areas of
streamlines coordination between the
restricted by statute. Certain other responsibility are clarified. The rule/
Commission and TxDOT by
material, such as copyrighted material, MOU places no requirements on the
consolidating separate MOUs currently
will be publicly available only in hard regulated community.
in the State air regulations (30 TAC
copy. Publicly available docket Section 114.250). Under 40 CFR Part 51.102, the State
materials are available either EPA is taking direct final action to is required to provide public
electronically in http:// approve the incorporation of this MOU notification and conduct a public
www.regulations.gov or in the official into the Texas SIP. hearing prior to adoption and
file, which is available at the Air submission to EPA any revision under
Planning Section (6PD–L), 1 At the time of the adoption of the MOU, the 40 CFR Part 51.104(a). The State
Environmental Protection Agency, 1445 TCEQ name was the Texas Natural Resource provided for public participation in
Ross Avenue, Suite 700, Dallas, Texas Conservation Commission (TNRCC), however, on accordance with 40 CFR 51.102 and
September 1, 2002, the TNRCC agency name was
75202–2733. The file will be made changed to the TCEQ. For further legislative history
held a public hearing on November 27,
available by appointment for public on the name-change, please refer to the Act of June 2001. The State provided in its SIP
inspection in the Region 6 FOIA Review 15, 2001, 77th Leg. R.S. Chapter 965, Section 18.01, submittal a transcript of its public
Room between the hours of 8:30 a.m. 2001 Tex. Gen. Laws 1985. The TCEQ may perform hearing, notification for the public
any act for which it was authorized as either the
and 4:30 p.m. weekdays except for legal TNRCC or the Texas Water Commission (TWC).
hearing, copies of comment received
holidays. Contact the person listed in Therefore, reference to TCEQ are references to and their evaluation of comments. The
the FOR FURTHER INFORMATION CONTACT TNRCC and to its successor, TECQ. MOU between TECQ and TxDOT was

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73382 Federal Register / Vol. 70, No. 237 / Monday, December 12, 2005 / Rules and Regulations

adopted on April 10, 2002 and became amendment, paragraph, or section of because it is not economically
effective on May 2, 2002. this rule and if that provision may be significant.
This rule incorporates an MOU into severed from the remainder of the rule, In reviewing SIP submissions, EPA’s
the SIP. The MOU provides for a we may adopt as final those provisions role is to approve state choices,
streamlined coordination of of the rule that are not the subject of an provided that they meet the criteria of
environmental reviews associated with adverse comment. the Clean Air Act. In this context, in the
transportation projects between TxDOT absence of a prior existing requirement
and TCEQ. As such, this rule is V. Statutory and Executive Order for the State to use voluntary consensus
procedural in nature and meets and Reviews standards (VCS), EPA has no authority
complies with the requirements of Under Executive Order 12866 (58 FR to disapprove a SIP submission for
section 110(l) of the Clean Air Act. 51735, October 4, 1993), this action is failure to use VCS. It would thus be
not a ‘‘significant regulatory action’’ and inconsistent with applicable law for
III. What Is the Effect of This Action?
therefore is not subject to review by the EPA, when it reviews a SIP submission,
EPA intends to take direct final action Office of Management and Budget. For to use VCS in place of a SIP submission
approving this SIP revision to this reason, this action is also not that otherwise satisfies the provisions of
incorporate by reference the MOU subject to Executive Order 13211, the Clean Air Act. Thus, the
between TCEQ and TxDOT. The MOU ‘‘Actions Concerning Regulations That requirements of section 12(d) of the
will address transportation planning Significantly Affect Energy Supply, National Technology Transfer and
issues required by TxDOT and the Distribution, or Use’’ (66 FR 28355, May Advancement Act of 1995 (15 U.S.C.
TCEQ, specifically including processing 22, 2001). This action merely approves 272 note) do not apply. This rule does
of documents required by the National state law as meeting Federal not impose an information collection
Environmental Policy Act. The MOU requirements and imposes no additional burden under the provisions of the
establishes periods for review of Paperwork Reduction Act of 1995 (44
requirements beyond those imposed by
documents and ensures coordination U.S.C. 3501 et seq.).
state law.
between the agencies on road projects The Congressional Review Act, 5
that could have environmental impacts. Accordingly, the Administrator
U.S.C. 801 et seq., as added by the Small
certifies that this rule will not have a
IV. Final Action Business Regulatory Enforcement
significant economic impact on a
Fairness Act of 1996, generally provides
EPA is approving by the direct final substantial number of small entities
that before a rule may take effect, the
rulemaking the revision to the Texas SIP under the Regulatory Flexibility Act (5
agency promulgating the rule must
adopting by reference an MOU between U.S.C. 601 et seq.). Because this rule
submit a rule report, which includes a
the TCEQ and the TxDOT. The MOU is approves pre-existing requirements copy of the rule, to each House of the
adopted into the Texas rule at 30 TAC under state law and does not impose Congress and to the Comptroller General
Section 7.119 and this rule is being any additional enforceable duty beyond of the United States. EPA will submit a
approved into the SIP. The approval of that required by state law, it does not report containing this rule and other
this new section of the State regulation contain any unfunded mandate or required information to the U.S. Senate,
streamlines coordination between the significantly or uniquely affect small the U.S. House of Representatives, and
TCEQ and TxDOT. We have evaluated governments, as described in the the Comptroller General of the United
the State’s submittal and have Unfunded Mandates Reform Act of 1995 States prior to publication of the rule in
determined that it meets the applicable (Public Law 104–4). the Federal Register. A major rule
requirements of the Clean Air Act. This rule also does not have tribal cannot take effect until 60 days after it
Therefore, we are approving the request implications because it will not have a is published in the Federal Register.
of TCEQ to revise the SIP and substantial direct effect on one or more This action is not a ‘‘major rule’’ as
incorporate by reference the MOU Indian tribes, on the relationship defined by 5 U.S.C. 804(2).
between the Commission and TxDOT. between the Federal Government and Under section 307(b)(1) of the Clean
EPA is publishing this rule without Indian tribes, or on the distribution of Air Act, petitions for judicial review of
prior proposal because we view this as power and responsibilities between the this action must be filed in the United
a noncontroversial amendment and Federal Government and Indian tribes, States Court of Appeals for the
anticipate no adverse comments. as specified by Executive Order 13175 appropriate circuit by February 10,
However, in the proposed rules section (65 FR 67249, November 9, 2000). This 2006. Filing a petition for
of this Federal Register publication, we action also does not have federalism reconsideration by the Administrator of
are publishing a separate document that implications because it does not have this final rule does not affect the finality
will serve as the proposal to approve the substantial direct effects on the States, of this rule for the purposes of judicial
SIP revision if adverse comments are on the relationship between the review nor does it extend the time
received. This rule will be effective on National Government and the States, or within which a petition for judicial
February 10, 2006 without further on the distribution of power and review may be filed, and shall not
notice unless we receive adverse responsibilities among the various postpone the effectiveness of such rule
comment by January 11, 2006. If we levels of government, as specified in or action. This action may not be
receive adverse comments, we will Executive Order 13132 (64 FR 43255, challenged later in proceedings to
publish a timely withdrawal in the August 10, 1999). This action merely enforce its requirements. (See section
Federal Register informing the public approves a state rule implementing a 307(b)(2).)
that the rule will not take effect. We will Federal standard, and does not alter the
address all public comments in a relationship or the distribution of power List of Subjects in 40 CFR Part 52
subsequent final rule based on the and responsibilities established in the Environmental protection, Air
proposed rule. We will not institute a Clean Air Act. This rule also is not pollution control, Intergovernmental
second comment period on this action. subject to Executive Order 13045 Relations, Nitrogen oxides, Ozone,
Any parties interested in commenting ‘‘Protection of Children from Reporting and recordkeeping
must do so now. Please note that if we Environmental Health Risks and Safety requirements, Volatile Organic
receive adverse comment on an Risks’’ (62 FR 19885, April 23, 1997), Compounds.

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Federal Register / Vol. 70, No. 237 / Monday, December 12, 2005 / Rules and Regulations 73383

Dated: November 18, 2005. Authority: 42 U.S.C. 7401 et seq. adding one new entry to the end of the
Richard E. Greene, table to read as follows:
Regional Administrator, Region 6. Subpart SS—Texas
§ 52.2270 Identification of plan.
■ 40 CFR part 52 is amended as follows:
■ 2. In § 52.2270, the table in paragraph * * * * *
PART 52—[AMENDED] (e) entitled ‘‘EPA approved (e) * * *
nonregulatory provisions and quasi-
■ 1. The authority citation for part 52 regulatory measures’’ is amended by
continues to read as follows:

EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP
State ap-
Applicable geographic
Name of SIP provision proval/sub- EPA approval date Comments
or nonattainment area mittal date

* * * * * * *
Memorandum of Understanding Between the Statewide ..................... 08/15/2002 12/12/2005 [Insert FR
Texas Department of Transportation and the page number where
Texas Natural Resource Conservation Com- document begins].
mission.

[FR Doc. 05–23915 Filed 12–9–05; 8:45 am] DEPARTMENT OF COMMERCE longer applicable and makes minor
BILLING CODE 6560–50–P corrections. Amendment 6 also
National Oceanic and Atmospheric establishes stock status determination
Administration criteria for South Atlantic penaeid
shrimp; revises the specifications of
DEPARTMENT OF TRANSPORTATION 50 CFR Part 622 maximum sustainable yield (MSY) and
[Docket No. 050314071–5230–02; I.D. optimum yield (OY) for South Atlantic
National Highway Traffic Safety 030105E] rock shrimp; revises the stock status
Administration determination criteria for South Atlantic
RIN 0648–AS16 rock shrimp; revises the bycatch
49 CFR Part 571 Fisheries of the Caribbean, Gulf of reduction criterion for the certification
Mexico, and South Atlantic; Shrimp of BRDs; and transfers from the Council
Federal Motor Vehicle Safety Fishery Off the Southern Atlantic to the Regional Administrator,
Standards States; Amendment 6 Southeast Region, NMFS (RA),
responsibilities for the specification of
CFR Correction AGENCY: National Marine Fisheries the protocol for testing BRDs. In
Service (NMFS), National Oceanic and addition, NMFS informs the public of
In Title 49 of the Code of Federal
Atmospheric Administration (NOAA), the approval by the Office of
Regulations, Parts 400 to 599, revised as Commerce. Management and Budget (OMB) of the
of October 1, 2005, on page 384, in collection-of-information requirements
ACTION: Final rule.
§ 571.111, add S9.4 to read as follows: contained in this final rule and
SUMMARY: NMFS issues this final rule to publishes the OMB control numbers for
§ 571.111 Standard No. 111; Rearview
implement Amendment 6 to the Fishery those collections. The intended effects
mirrors.
Management Plan for the Shrimp of this rule are to provide additional
* * * * * Fishery of the South Atlantic Region information for, and improve the
S9.4(a) Each image required by (FMP), as prepared and submitted by effective management of, the shrimp
S9.3(a)(1) to be visible at the driver’s eye the South Atlantic Fishery Management fisheries off the southern Atlantic states
location shall be separated from the Council (Council). This final rule and to correct and clarify the regulations
edge of the effective mirror surface of requires an owner or operator of a applicable to other southern Atlantic
the mirror providing that image by a trawler that harvests or possesses fisheries.
distance of not less than 3 minutes of penaeid shrimp (brown, pink, or white
shrimp) in or from the exclusive DATES: This final rule is effective
arc. January 11, 2006, except for
economic zone (EEZ) off the southern
(b) The image required by S9.3(a)(1) of Atlantic states to obtain a commercial § 622.4(a)(2)(xiii) which is effective
cylinder P shall meet the following vessel permit for South Atlantic penaeid April 11, 2006.
requirements: shrimp; requires an owner or operator of ADDRESSES: Copies of Final Regulatory
(1) The angular size of the shortest a vessel in the South Atlantic rock Flexibility Analysis (FRFA) and
dimension of that cylinder’s image shall shrimp or penaeid shrimp fishery to Regulatory Impact Review (RIR) are
be not less than 3 minutes of arc; and submit catch and effort reports and to available from NMFS, Southeast
(2) The angular size of the longest carry an observer on selected trips; and Regional Office, 263 13th Avenue
requires bycatch reduction devices South, St. Petersburg, FL 33701;
dimension of that cylinder’s image shall
(BRDs) in nets in the rock shrimp telephone 727–824–5305; fax 727–824–
be not less than 9 minutes of arc.
fishery. In addition, this final rule 5308.
* * * * * removes provisions of the regulations Comments regarding the burden-hour
[FR Doc. 05–55519 Filed 12–9–05; 8:45 am] applicable to other fisheries off the estimates or other aspects of the
BILLING CODE 1505–01–D southern Atlantic states that are no collection-of-information requirements

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