Vous êtes sur la page 1sur 4

Federal Register / Vol. 73, No.

35 / Thursday, February 21, 2008 / Rules and Regulations 9459

is not in the best interest of the (1) Adopted Forms or IMTs: AF IMT reducing emissions of particulate
Government. 847, Recommendation for Change of matter, air toxics, and other pollutants,
(c) The military personnel flight (10 Publication. AF Form 1288, Application especially from the burning of lead-
MSS/DPM) processes Regular Air Force for Ready Reserve Assignment, AF Form painted wood, plastics, metals, and
members for reassignment if: 1786, Application for Appointment to other non-wood materials. This action is
(1) They are disenrolled from the HQ the USAF Academy Under Quota being taken in accordance with the
USAFA/PL. Allotted to Enlisted Members of the Clean Air Act.
(2) They fail to obtain or accept an Regular and Reserve Components of the DATES: This direct final rule will be
appointment to a U.S. Service Academy. Air Force, DD Form 4, Enlistment/ effective April 21, 2008, unless EPA
(d) The Air Force reassigns Air Force Reenlistment Document-Armed Forces receives adverse comments by March
Reserve cadet candidates who are of the United States, DD Form 368, 24, 2008. If adverse comments are
disenrolled from the HQ USAFA/PL or Request for Conditional Release, and DD received, EPA will publish a timely
who fail to obtain or accept an Form 1966, Record of Military withdrawal of the direct final rule in the
appointment to an U.S. Service Processing-Armed Forces of the United Federal Register informing the public
Academy in either of two ways under States. that the rule will not take effect.
AFI 36–3208: (2) Prescribed Forms or IMTs: No ADDRESSES: Submit your comments,
(1) Discharges them from the United forms or IMTs are prescribed by this identified by Docket ID Number EPA–
States Air Force without any further publication. R01–OAR–2005–ME–0008 by one of the
military obligation if they were called to following methods:
Bao-Anh Trinh,
active duty solely to attend the HQ 1. www.regulations.gov: Follow the
USAFA/PL. Air Force Federal Register Liaison Officer.
[FR Doc. E8–2948 Filed 2–20–08; 8:45 am] on-line instructions for submitting
(2) Releases them from active duty comments.
and reassigns them to the Air Force BILLING CODE 5001–05–P
2. E-mail: arnold.anne@epa.gov.
Reserve Personnel Center if they were 3. Fax: (617) 918–0047.
released from Reserve units to attend 4. Mail: ‘‘Docket Identification
the HQ USAFA/PL. ENVIRONMENTAL PROTECTION Number EPA–R01–OAR–2005–ME–
(e) The National Guard (Army or Air AGENCY 0008,’’ Anne Arnold, U.S.
Force) releases cadet candidates from Environmental Protection Agency, EPA
active duty and reassigns them to their 40 CFR Part 52
New England Regional Office, One
State Adjutant General. [EPA–R01–OAR–2005–ME–0008; A–1–FRL– Congress Street, Suite 1100 (mail code
(f) The Air Force reassigns Regular 8526–5] CAQ), Boston, MA 02114–2023.
and Reserve personnel from other 5. Hand Delivery or Courier. Deliver
Services back to their unit of origin to Approval and Promulgation of Air your comments to: Anne Arnold,
complete any prior service obligation if: Quality Implementation Plans; Maine; Manager, Air Quality Planning Unit,
(1) They are disenrolled from the HQ Open Burning Rule Office of Ecosystem Protection, U.S.
USAFA/PL. Environmental Protection Agency, EPA
AGENCY: Environmental Protection
(2) They fail to obtain or accept an New England Regional Office, One
Agency (EPA).
appointment to the USAFA. Congress Street, 11th floor, (CAQ),
ACTION: Direct final rule.
§ 903.9 Cadet records and reassignment Boston, MA 02114–2023. Such
forms. SUMMARY: EPA is approving a State deliveries are only accepted during the
(a) Headquarters USAFA Cadet Implementation Plan (SIP) revision Regional Office’s normal hours of
Personnel (HQ USAFA/DPY) maintains submitted by the State of Maine. This operation. The Regional Office’s official
records of cadet candidates who enter revision limits open burning of hours of business are Monday through
the USAFA until they are commissioned construction and demolition debris to Friday, 8:30 to 4:30, excluding legal
or disenrolled. on-site burning for the disposal of wood holidays.
(b) 10 MSS/DPM will send records of wastes and painted and unpainted Instructions: Direct your comments to
Regular Air Force personnel who enter wood, and adds restrictions to open Docket ID No. EPA–R01–OAR–2005–
one of the other Service Academies to burning conducted for training, ME–0008. EPA’s policy is that all
HQ Air Force Personnel Center (HQ research, and recreational purposes. The comments received will be included in
AFPC) for processing. revised rule also defines which open- the public docket without change and
burning recreational activities do not may be made available online at
§ 903.10 Information Collections, Records, require a permit, such as residential use www.regulations.gov, including any
and Forms or Information Management of outdoor grills and fireplaces, and personal information provided, unless
Tools (IMTS). recreational campfires while the ground the comment includes information
(a) Information Collections. No is covered in snow. The revised rule claimed to be Confidential Business
information collections are created by eliminates provisions that allowed Information (CBI) or other information
this publication. permits to be issued for open burning of whose disclosure is restricted by statute.
(b) Records. Ensure that all records rubbish where no rubbish collection is Do not submit through
created as a result of processes available or ‘‘reasonably located’’ and www.regulations.gov, or e-mail,
prescribed in this publication are where ‘‘there is no other suitable information that you consider to be CBI
maintained in accordance with AFMAN method for disposal.’’ In addition, the or otherwise protected. The
37–123, Management of Records, and revised rule includes a note referencing www.regulations.gov Web site is an
disposed of in accordance with the Air reasonable precautions required by ‘‘anonymous access’’ system, which
ebenthall on PRODPC61 with RULES

Force Records Disposition Schedule Maine statute to prevent the means EPA will not know your identity
(RDS) located at https:// introduction of lead into the or contact information unless you
webrims.amc.af.mil. environment from lead-based paint. provide it in the body of your comment.
(c) Forms or IMTs (Adopted and This action will have a beneficial If you send an e-mail comment directly
Prescribed). effect on air quality in Maine by to EPA without going through

VerDate Aug<31>2005 14:36 Feb 20, 2008 Jkt 214001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\21FER1.SGM 21FER1
9460 Federal Register / Vol. 73, No. 35 / Thursday, February 21, 2008 / Rules and Regulations

www.regulations.gov your e-mail III. Final Action FR 10842). The most significant of these
address will be automatically captured IV. Statutory and Executive Order Reviews changes include added restrictions to
and included as part of the comment I. Background and Purpose open burning of construction and
that is placed in the public docket and demolition debris, and to open burning
made available on the Internet. If you On April 27, 2005, the State of Maine for training, research, and recreational
submit an electronic comment, EPA submitted a formal revision to its State purposes. Previously, open burning was
recommends that you include your Implementation Plan (SIP). The SIP permitted for ‘‘all debris’’ from
name and other contact information in revision consists of amendments to demolition of any building and for
the body of your comment and with any Maine’s Chapter 102 Open Burning certain types of land clearing (e.g.,
disk or CD–ROM you submit. If EPA Rule, which address all concerns that building highways, power lines,
cannot read your comment due to EPA had expressed to the Maine commercial, and industrial buildings).
technical difficulties and cannot contact Department of Environmental Protection The revised rule specifies that the only
you for clarification, EPA may not be (ME DEP) about previous amendments type of construction and demolition
able to consider your comment. and proposed amendments to the rule. debris that can be burned on site is ‘‘for
Electronic files should avoid the use of Maine’s Chapter 102 Open Burning the disposal of wood wastes and painted
special characters, any form of Rule was first adopted in January 1972 and unpainted wood from construction
encryption, and be free of any defects or to minimize environmental impacts and demolition debris.’’ Both previous
viruses. from open burning in Maine. EPA New and current versions of the rule require
Docket: All documents in the England approved this rule into the a permit for the burning of construction
electronic docket are listed in the Maine SIP on May 31, 1972 (37 FR and demolition debris.
www.regulations.gov index. Although 10842). Following adoption by ME DEP The 1972 rule contains an exemption
listed in the index, some information is of an amended version of the rule in that allows (with a permit) ‘‘open
not publicly available, i.e., CBI or other December 2002, EPA was especially burning for training, research and
information whose disclosure is concerned about language in the rule recreational purposes except that fires
restricted by statute. Certain other that could be interpreted to allow for recreational purposes on a person’s
material, such as copyrighted material, outdoor burning of any type own property are not required to obtain
is not placed on the Internet and will be construction and demolition debris, a permit.’’ The revised rule adds further
publicly available only in hard copy including plastics, rubber, styrofoam, restrictions to these activities.
form. Publicly available docket metals, food wastes, or chemicals. Specifically, recreational campfires
materials are available either In 2003, the state legislature amended kindled when the ground is not covered
electronically in www.regulations.gov or 12 MRSA section 9324 to change by snow require a permit, as do fires in
in hard copy at Office of Ecosystem language in the statute from ‘‘out-of- conjunction with holiday and festive
Protection, U.S. Environmental door burning of wood wastes * * * and celebrations. Burning for ‘‘training’’ is
Protection Agency, EPA New England construction and demolition debris’’ to now more strictly defined as being
Regional Office, One Congress Street, ‘‘out-of-door burning of wood wastes limited to ‘‘bona fide instruction and
Suite 1100, Boston, MA. EPA requests * * * from construction and demolition training of municipal or volunteer
that if at all possible, you contact the debris,’’ thus addressing EPA’s concern firefighters pursuant to Maine Revised
contact listed in the FOR FURTHER about burning of inappropriate, non- Statutes Title 26, section 2102 and
INFORMATION CONTACT section to
wood materials. industrial fire fighters in methods of
Subsequently, ME DEP amended fighting fires when conducted under the
schedule your inspection. The Regional
Chapter 102 to be consistent with the direct control and supervision of
Office’s official hours of business are
revised legislation and with other EPA qualified instructors and with a written
Monday through Friday, 8:30 to 4:30,
comments, including adding a reference objective for the training.’’ In addition,
excluding legal holidays.
In addition, copies of the state to reasonable precautions required by 38 ‘‘structures burned for instructional
submittal and EPA’s technical support MRSA section 1296 to prevent the purposes must first be emptied of waste
document are also available for public introduction of lead into the materials that are not part of the training
inspection during normal business environment from lead-based paint. ME objective.’’
hours, by appointment at the Bureau of DEP adopted these amendments in The revised rule also strengthens the
Air Quality Control, Department of March 2005, and submitted them to EPA 1972 rule by defining open burning
Environmental Protection, First Floor of for inclusion in the Maine SIP on April ‘‘recreational’’ activities that do not
the Tyson Building, Augusta Mental 27, 2005. require a permit; these activities are
now limited to: (1) Residential use of
Health Institute Complex, Augusta, ME II. Summary of SIP Revision outdoor grills and fireplaces for
04333–0017.
The revised Chapter 102 prohibits recreational purposes; (2) recreational
FOR FURTHER INFORMATION CONTACT: ‘‘open burning’’ in all areas of the State, campfires kindled when the ground is
Alison C. Simcox, Air Quality Planning except for the types of open burning covered by snow or on frozen bodies of
Unit, U.S. Environmental Protection expressly described within the chapter. water; and (3) the use of outdoor grills
Agency, EPA New England Regional The revised Chapter 102 uses the terms and fireplaces for recreational purposes
Office, One Congress Street, Suite 1100 ‘‘outdoor burning’’ and ‘‘out-of-door at commercial campgrounds that are
(CAQ), Boston, MA 02114–2023, burning’’ synonymously with the term located in organized towns and licensed
telephone number (617) 918–1684, fax ‘‘open burning,’’ which ME DEP defined by the Department of Human Services.
number (617) 918–0684, e-mail in Chapter 100. ME DEP confirmed with The rule also eliminates provisions that
simcox.alison@epa.gov. EPA that the state interprets these terms allowed permits to be issued for open
SUPPLEMENTARY INFORMATION: to be synonymous, and EPA is basing its burning of rubbish where no rubbish
ebenthall on PRODPC61 with RULES

Organization of this document. The approval of this regulation on that collection is available or ‘‘reasonably
following outline is provided to aid in interpretation. located’’ and where ‘‘there is no other
locating information in this preamble. The revised Chapter 102 rule has a suitable method for disposal.’’
I. Background and Purpose number of changes that make it more Additionally, in response to EPA
II. Summary of SIP Revision stringent than the original 1972 rule (37 comments, ME DEP has added a note to

VerDate Aug<31>2005 14:36 Feb 20, 2008 Jkt 214001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\21FER1.SGM 21FER1
Federal Register / Vol. 73, No. 35 / Thursday, February 21, 2008 / Rules and Regulations 9461

the rule referencing reasonable subject to Executive Order 13211, National Technology Transfer and
precautions required by Maine statute ‘‘Actions Concerning Regulations That Advancement Act of 1995 (15 U.S.C.
38 MRSA section 1296 to prevent the Significantly Affect Energy Supply, 272 note) do not apply. This rule does
introduction of lead into the Distribution, or Use’’ (66 FR 28355, May not impose an information collection
environment from lead-based paint. 22, 2001). This action merely approves burden under the provisions of the
state law as meeting Federal Paperwork Reduction Act of 1995 (44
III. Final Action
requirements and imposes no additional U.S.C. 3501, et seq.).
EPA is approving amendments to the requirements beyond those imposed by
Maine Chapter 102 Open Burning Rule, The Congressional Review Act, 5
state law. Accordingly, the U.S.C. 801, et seq., as added by the
and incorporating the revised rule into Administrator certifies that this rule
the Maine SIP. Small Business Regulatory Enforcement
will not have a significant economic Fairness Act of 1996, generally provides
EPA has determined that the revised impact on a substantial number of small
Maine Chapter 102 Open Burning Rule that before a rule may take effect, the
entities under the Regulatory Flexibility agency promulgating the rule must
addresses all concerns expressed by Act (5 U.S.C. 601 et seq.). Because this
EPA, is significantly more stringent and submit a rule report, which includes a
rule approves pre-existing requirements
detailed than the existing EPA-approved copy of the rule, to each House of the
under state law and does not impose
rule, and will have a beneficial effect on Congress and to the Comptroller General
any additional enforceable duty beyond
air quality by reducing emissions of of the United States. EPA will submit a
that required by state law, it does not
particulate matter, air toxics, and other report containing this rule and other
contain any unfunded mandate or
pollutants, especially from the burning required information to the U.S. Senate,
significantly or uniquely affect small
of lead-painted wood, plastics, metals, the U.S. House of Representatives, and
governments, as described in the
and other non-wood materials. This the Comptroller General of the United
Unfunded Mandates Reform Act of 1995
action is being taken in accordance with States prior to publication of the rule in
(Pub. L. 104–4).
the Clean Air Act. This rule also does not have tribal the Federal Register. A major rule
EPA is publishing this action without implications because it will not have a cannot take effect until 60 days after it
prior proposal because the Agency substantial direct effect on one or more is published in the Federal Register.
views this as a noncontroversial Indian tribes, on the relationship This action is not a ‘‘major rule’’ as
amendment and anticipates no adverse between the Federal Government and defined by 5 U.S.C. 804(2).
comments. However, in the proposed Indian tribes, or on the distribution of Under section 307(b)(1) of the Clean
rules section of this Federal Register power and responsibilities between the Air Act, petitions for judicial review of
publication, EPA is publishing a Federal Government and Indian tribes, this action must be filed in the United
separate document that will serve as the as specified by Executive Order 13175 States Court of Appeals for the
proposal to approve the SIP revision. (65 FR 67249, November 9, 2000). This appropriate circuit by April 21, 2008.
This rule will be effective April 21, action also does not have Federalism Interested parties should comment in
2008, without further notice unless the implications because it does not have response to the proposed rule rather
Agency receives relevant adverse substantial direct effects on the States, than petition for judicial review, unless
comments by March 24, 2008. on the relationship between the national the objection arises after the comment
If EPA receives such comments, then government and the States, or on the period allowed for in the proposal.
EPA will publish a notice withdrawing distribution of power and Filing a petition for reconsideration by
the final rule and informing the public responsibilities among the various the Administrator of this final rule does
that the rule will not take effect. All levels of government, as specified in not affect the finality of this rule for the
public comments received will then be Executive Order 13132 (64 FR 43255, purposes of judicial review nor does it
addressed in a subsequent final rule August 10, 1999), because it merely extend the time within which a petition
based on the proposed rule. EPA will approves a state rule implementing a for judicial review may be filed, and
not institute a second comment period federal standard, and does not alter the shall not postpone the effectiveness of
on the proposed rule. All parties relationship or the distribution of power such rule or action. This action may not
interested in commenting on the and responsibilities established in the be challenged later in proceedings to
proposed rule should do so at this time. Clean Air Act. This rule also is not enforce its requirements. (See section
If no such comments are received, the subject to Executive Order 13045 307(b)(2)).
public is advised that this rule will be ‘‘Protection of Children from
effective on April 21, 2008, and no Environmental Health Risks and Safety List of Subjects in 40 CFR Part 52
further action will be taken on the Risks’’ (62 FR 19885, April 23, 1997),
Environmental protection, Air
proposed rule. Please note that if EPA because it approves a state rule
pollution control, Incorporation by
receives adverse comment on an implementing a Federal standard.
In reviewing SIP submissions, EPA’s reference, Lead, Particulate matter,
amendment, paragraph, or section of
role is to approve state choices, Volatile organic compounds.
this rule and if that provision may be
severed from the remainder of the rule, provided that they meet the criteria of Dated: January 16, 2008.
EPA may adopt as final those provisions the Clean Air Act. In this context, in the Robert W. Varney,
of the rule that are not the subject of an absence of a prior existing requirement Regional Administrator, EPA New England.
adverse comment. for the State to use voluntary consensus
standards (VCS), EPA has no authority ■ Part 52 of chapter I, title 40 of the
IV. Statutory and Executive Order to disapprove a SIP submission for Code of Federal Regulations is amended
Reviews failure to use VCS. It would thus be as follows:
Under Executive Order 12866 (58 FR inconsistent with applicable law for
PART 52—[AMENDED]
ebenthall on PRODPC61 with RULES

51735, October 4, 1993), this action is EPA, when it reviews a SIP submission,
not a ‘‘significant regulatory action’’ and to use VCS in place of a SIP submission
therefore is not subject to review by the that otherwise satisfies the provisions of ■ 1. The authority citation for part 52
Office of Management and Budget. For the Clean Air Act. Thus, the continues to read as follows:
this reason, this action is also not requirements of section 12(d) of the Authority: 42 U.S.C. 7401, et seq.

VerDate Aug<31>2005 14:36 Feb 20, 2008 Jkt 214001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\21FER1.SGM 21FER1
9462 Federal Register / Vol. 73, No. 35 / Thursday, February 21, 2008 / Rules and Regulations

Subpart U—Maine Maine Department of Environmental to form and legality, dated April 12,
Protection on April 27, 2005. 2005.
■ 2. Section 52.1020 is amended by (i) Incorporation by reference.
adding paragraph (c)(61) to read as ■ 3. In § 52.1031, Table 52.1031 is
(A) Chapter 102 of Maine Department amended by adding a new entry to
follows:
of Environmental Protection Rules, existing state citation ‘‘102’’ to read as
§ 52.1020 Identification of plan. entitled ‘‘Open Burning,’’ effective in follows:
* * * * * the State of Maine on April 25, 2005.
(c) * * * (B) State of Maine MAPA 1 form § 52.1031 EPA-approved Maine
(61) Revisions to the State which provides certification that the regulations.
Implementation Plan submitted by the Attorney General approved the rule as * * * * *

TABLE 52.1031.—EPA-APPROVED RULES AND REGULATIONS


Date ap-
State Date adopt-
Title/subject proved by Federal Register citation 52.1020
citation ed by State EPA

* * * * * * *
102 ........... Open Burning ......... 3/17/05 2/21/08 [Insert Federal Register page number (c)(61)
where the document begins].

* * * * * * *
Note 1. The regulations are effective statewide unless stated otherwise in comments section.

[FR Doc. E8–3246 Filed 2–20–08; 8:45 am] ADDRESSES: Federal Communications the Public Safety and Homeland
BILLING CODE 6560–50–P Commission, 445 12th Street, SW., Security Bureau (Bureau) to administer
Room TW–A325, Washington, DC part 4 of the Commission’s rules, which
20554. pertain to disruptions to
FOR FURTHER INFORMATION CONTACT: communications.
FEDERAL COMMUNICATIONS 2. On March 17, 2006, the
COMMISSION Robert Krinsky, Attorney Advisor,
Communications Systems Analysis Commission established the Bureau in
47 CFR Part 0 Division, Public Safety and Homeland order to promote a more efficient,
Security Bureau, Federal effective and responsive organizational
[FCC 08–27] Communications Commission at (202) structure and to better promote and
418–2909; Robert.Krinsky@fcc.gov. address public safety, homeland
Amendment of Part 0 of the SUPPLEMENTARY INFORMATION: This is a security, national security, emergency
Commission’s Rules to Delegate summary of the Commission’s non- management and preparedness, disaster
Administration of Part 4 of the docketed Order, FCC 08–27, adopted management, and related issues.
Commission’s Rule to the Public January 28, 2008 and released on Establishment of the Public Safety and
Safety and Homeland Security Bureau January 30, 2008. The complete text of Homeland Security Bureau, Order, 21
this document is available for FCC Rcd 13655 (2006). The delegation
AGENCY: Federal Communications of authority to the Bureau to administer
Commission. inspection and copying during normal
business hours in the FCC Reference the part 4 rules is consistent with the
ACTION: Final rule. purpose and functions of the Bureau.
Information Center, Portals II, 445 12th
Street, SW., Room CY–A257, 3. The delegation of this authority to
SUMMARY: In the Order, the Federal
Washington, DC 20554. This document the Bureau comports with § 0.191(g) of
Communications Commission the Commission’s rules, which
(Commission) amended the may also be purchased from the
Commission’s duplicating contractor, provides, in pertinent part, that the
Commission’s rules to delegate Bureau ‘‘[c]onducts studies of public
authority to the Public Safety and Best Copy and Printing, Inc., in person
at 445 12th Street, SW., Room CY–B402, safety, homeland security, national
Homeland Security Bureau to security, emergency management and
administer the Commission’s rules that Washington, DC 20554, via telephone at
(202) 488–5300, via facsimile at (202) preparedness, disaster management, and
pertain to disruptions to related issues. Develops and administers
communications. This delegation is 488–5563, or via e-mail at
FCC@BCPIWEB.COM. Alternative recordkeeping and reporting
consistent with the purpose and requirements for communications
functions of the Bureau to promote a formats (computer diskette, large print,
audio cassette, and Braille) are available companies pertaining to these issues.
more efficient, effective and responsive Administers any Commission
organizational structure and to better to persons with disabilities by sending
an e-mail to FCC504@fcc.gov or calling information collection requirements
promote and address public safety, pertaining to public safety, homeland
homeland security, national security, the Consumer and Governmental Affairs
Bureau at (202) 418–0530, TTY (202) security, national security, emergency
emergency management and management and preparedness, disaster
preparedness, disaster management, and 418–0432. This document is also
available on the Commission’s Web site management, and related issues.’’ 47
related issues. Establishment of the
ebenthall on PRODPC61 with RULES

at http://www.fcc.gov. CFR 0.191(g). The delegation of this


Public Safety and Homeland Security authority to the Bureau is also
Bureau, Order, 21 FCC Rcd 13655 Synopsis of the Order consistent with § 0.392 of the
(2006). 1. In the Order, the Commission Commission’s rules, 47 CFR 0.392,
DATES: Effective February 21, 2008. amends its rules to delegate authority to which gives the Bureau delegated

VerDate Aug<31>2005 14:36 Feb 20, 2008 Jkt 214001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\21FER1.SGM 21FER1

Vous aimerez peut-être aussi