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Federal Register / Vol. 70, No.

79 / Tuesday, April 26, 2005 / Rules and Regulations 21337

health or risk to safety that may 2.B.2 of the Instruction. Therefore, this person or vessel may enter or remain in
disproportionately affect children. rule is categorically excluded, under the regulated area.
figure 2–1, paragraph (34)(h), of the (2) The operator of any vessel in the
Indian Tribal Governments
Instruction, from further environmental regulated area must:
This rule does not have tribal documentation. Special local (i) Stop the vessel immediately when
implications under Executive Order regulations issued in conjunction with a directed to do so by any Official Patrol.
13175, Consultation and Coordination regatta or marine parade permit are (ii) Proceed as directed by any Official
with Indian Tribal Governments, specifically excluded from further Patrol.
because it does not have a substantial analysis and documentation under that (iii) Unless otherwise directed by the
direct effect on one or more Indian section. Official Patrol, operate at a minimum
tribes, on the relationship between the wake speed not to exceed six (6) knots.
Federal Government and Indian tribes, List of Subjects in 33 CFR Part 100 (c) Enforcement period. This section
or on the distribution of power and Marine safety, Navigation (water), will be enforced from 5 a.m. to 8 a.m.
responsibilities between the Federal Reporting and recordkeeping on May 8 and 29, 2005.
Government and Indian tribes. requirements, Waterways. Dated: April 11, 2005.
Energy Effects ■ For the reasons discussed in the Ben R. Thomason, III,
We have analyzed this rule under preamble, the Coast Guard amends 33 Captain, U.S. Coast Guard, Acting
CFR part 100 as follows: Commander, Fifth Coast Guard District.
Executive Order 13211, Actions
Concerning Regulations That [FR Doc. 05–8261 Filed 4–25–05; 8:45 am]
Significantly Affect Energy Supply, BILLING CODE 4910–15–P
Distribution, or Use. We have
determined that it is not a ‘‘significant ■ 1. The authority citation for part 100
energy action’’ under that order because continues to read as follows: ENVIRONMENTAL PROTECTION
it is not a ‘‘significant regulatory action’’ AGENCY
Authority: 33 U.S.C. 1233; Department of
under Executive Order 12866 and is not Homeland Security Delegation No. 0170.1.
likely to have a significant adverse effect 40 CFR Part 52
on the supply, distribution, or use of ■ 2. Add temporary § 100.35–T05–023 to [RME–OAR–2005–MD–0002; FRL–7904–2]
energy. The Administrator of the Office read as follows:
of Information and Regulatory Affairs Approval and Promulgation of Air
§ 100.35–T05–023, Severn River, College Quality Implementation Plans;
has not designated it as a significant Creek, Weems Creek and Carr Creek,
energy action. Therefore, it does not Annapolis, MD.
Maryland; Clarification of Visible
require a Statement of Energy Effects Emissions Exception Provisions
(a) Definitions. (1) Coast Guard Patrol
under Executive Order 13211.
Commander means a commissioned, AGENCY: Environmental Protection
Technical Standards warrant, or petty officer of the Coast Agency (EPA).
The National Technology Transfer Guard who has been designated by the ACTION: Direct final rule.
and Advancement Act (NTTAA) (15 Commander, Coast Guard Sector
Baltimore. SUMMARY: EPA is taking direct final
U.S.C. 272 note) directs agencies to use
(2) Official Patrol means any vessel action to approve revisions to the
voluntary consensus standards in their
assigned or approved by the Maryland State Implementation Plan
regulatory activities unless the agency
Commander, Coast Guard Sector (SIP). The revision consists of
provides Congress, through the Office of
Baltimore with a commissioned, clarifications to the exception
Management and Budget, with an
warrant, or petty officer on board and provisions of the Maryland visible
explanation of why using these
displaying a Coast Guard ensign. emissions regulations. EPA is approving
standards would be inconsistent with
(3) Participant includes all vessels these revisions to the Maryland
applicable law or otherwise impractical.
participating in the U.S. Naval Academy regulations in accordance with the
Voluntary consensus standards are
crew races under the auspices of the requirements of the Clean Air Act.
technical standards (e.g., specifications
of materials, performance, design, or Marine Event Permit issued to the event DATES: This rule is effective on June 27,
operation; test methods; sampling sponsor and approved by the 2005 without further notice, unless EPA
procedures; and related management Commander, Coast Guard Sector receives adverse written comment by
systems practices) that are developed or Baltimore. May 26, 2005. If EPA receives such
adopted by voluntary consensus (b) Regulated area. The regulated area comments, it will publish a timely
standards bodies. is established for the waters of the withdrawal of the direct final rule in the
This rule does not use technical Severn River from shoreline to Federal Register and inform the public
standards. Therefore, we did not shoreline, bounded to the northwest by that the rule will not take effect.
consider the use of voluntary consensus the Route 50 fixed highway bridge and ADDRESSES: Submit your comments,
standards. bounded to the southeast by a line identified by Regional Material in
drawn from the Naval Academy Light at EDocket (RME) ID Number RME–OAR–
Environment latitude 38°58′39.5″ North, longitude 2005–MD–0002 by one of the following
We have analyzed this rule under 076°28′49″ West, thence to Greenbury methods:
Commandant Instruction M16475.lD, Point at latitude 38°58′29″ North, A. Federal eRulemaking Portal:
which guides the Coast Guard in longitude 076°27′16″ West. All http://www.regulations.gov. Follow the
complying with the National coordinates reference Datum: NAD on-line instructions for submitting
Environmental Policy Act of 1969 1983. comments.
(NEPA) (42 U.S.C. 4321–4370f), and (c) Special local regulations. (1) B. Agency Web Site: http://
have concluded that there are no factors Except for event participants and www.docket.epa.gov/rmepub/ RME,
in this case that would limit the use of persons or vessels authorized by the EPA’s electronic public docket and
a categorical exclusion under section Coast Guard Patrol Commander, no comment system, is EPA’s preferred

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21338 Federal Register / Vol. 70, No. 79 / Tuesday, April 26, 2005 / Rules and Regulations

method for receiving comments. Follow available either electronically in RME or is any consecutive 6-minute period
the on-line instructions for submitting in hard copy during normal business during the hour in which the VE is
comments. hours at the Air Protection Division, recorded. The revisions include the
C. E-mail: morris.makeba@epa.gov. U.S. Environmental Protection Agency, addition this clarifying language to:
D. Mail: RME–OAR–2005–MD–0002, Region III, 1650 Arch Street, 1. COMAR Control of
Makeba Morris, Chief, Air Quality Philadelphia, Pennsylvania 19103. Visible emissions in the General
Planning Branch, Mailcode 3AP21, U.S. Copies of material to be incorporated by Emission Standards.
Environmental Protection Agency, reference are available at the Air and 2. COMAR Control
Region III, 1650 Arch Street, Radiation Docket and Information Visible emissions for Incinerators.
Philadelphia, Pennsylvania 19103. Center, U.S. Environmental Protection 3. COMAR Control of
E. Hand Delivery: At the previously- Agency, 1301 Constitution Avenue, Visible Emissions for fuel burning
listed EPA Region III address. Such NW., Room B108, Washington, DC equipment.
deliveries are only accepted during the 20460. Copies of the State submittal are 4. COMAR Control of
Docket’s normal hours of operation, and available at the Maryland Department of Visible emissions for Iron and Steel
special arrangements should be made the Environment, 1800 Washington Production Installations.
for deliveries of boxed information. Boulevard, Suite 705, Baltimore,
Instructions: Direct your comments to III. Final Action
Maryland 21230.
RME ID No. RME–OAR–2005–MD– EPA is approving revisions the
0002. EPA’s policy is that all comments FOR FURTHER INFORMATION CONTACT:
Linda Miller, (215) 814–2068, or by e- Maryland VE exceptions provisions.
received will be included in the public EPA is publishing this rule without
docket without change, and may be mail at miller.linda@epa.gov.
prior proposal because the Agency
made available online at http:// SUPPLEMENTARY INFORMATION:
views this as a noncontroversial
www.docket.epa.gov/rmepub/, I. Background amendment and anticipates no adverse
including any personal information comment. This revision is a clarification
provided, unless the comment includes The Maryland Department of the
to an existing requirement. However, in
information claimed to be Confidential Environment (MDE) submitted a
the ‘‘Proposed Rules’’ section of today’s
Business Information (CBI) or other revision to the State Implementation
Federal Register, EPA is publishing a
information whose disclosure is Plan (SIP) on December 1, 2003. The
separate document that will serve as the
restricted by statute. Do not submit revision consists of clarifications to the
proposal to approve the SIP revision if
information that you consider to be CBI general visible emissions (VE)
adverse comments are filed. This rule
or otherwise protected through RME, regulations and those related to specific
will be effective on June 27, 2005
regulations.gov or e-mail. The EPA RME source categories. The regulations
without further notice unless EPA
and the Federal regulations.gov Web affected by these revisions are found in
receives adverse comment by May 26,
sites are an ‘‘anonymous access’’ Code of Maryland Regulations—
2005. If EPA receives adverse comment,
system, which means EPA will not COMAR 26.11.06 General Emission
EPA will publish a timely withdrawal in
know your identity or contact Standards, Prohibitions and
the Federal Register informing the
information unless you provide it in the Restrictions; COMAR 26.11.08 Control
public that the rule will not take effect.
body of your comment. If you send an of Incinerators; COMAR 26.11.09
EPA will address all public comments
e-mail comment directly to EPA without Control of Fuel Burning Equipment
in a subsequent final rule based on the
going through RME or regulations.gov, Stationary Internal Combustion Engines
proposed rule. EPA will not institute a
your e-mail address will be and Certain Fuel Burning Installations;
second comment period on this action.
automatically captured and included as and COMAR 26.11.10 Control of Iron
Any parties interested in commenting
part of the comment that is placed in the and Steel Production Installations. Each
must do so at this time. Please note that
public docket and made available on the of these regulations has previously been
if EPA receives adverse comment on an
Internet. If you submit an electronic incorporated into the Maryland State
amendment, paragraph, or section of
comment, EPA recommends that you Implementation Plan.
this rule and if that provision may be
include your name and other contact
II. Summary of SIP Revision severed from the remainder of the rule,
information in the body of your
This revision clarifies the intent of the EPA may adopt as final those provisions
comment and with any disk or CD–ROM
VE exceptions provisions in the of the rule that are not the subject of an
you submit. If EPA cannot read your
Maryland regulation as they relate adverse comment.
comment due to technical difficulties
and cannot contact you for clarification, generally and to specific source IV. Statutory and Executive Order
EPA may not be able to consider your categories. The revised language will Reviews
comment. Electronic files should avoid ensure that sources correctly interpret
the exception provisions. The purpose A. General Requirements
the use of special characters, any form
of encryption, and be free of any defects of the existing regulation, which is Under Executive Order 12866 (58 FR
or viruses. presently included in the SIP, is to 51735, October 4, 1993), this action is
Docket: All documents in the allow for a 6-minute per hour exclusion not a ‘‘significant regulatory action’’ and
electronic docket are listed in the RME during certain activities such as load therefore is not subject to review by the
index at http://www.docket.epa.gov/ changes, adjustments and soot-blowing Office of Management and Budget. For
rmepub/. Although listed in the index, of boilers. The revised regulations this reason, this action is also not
some information is not publicly clarify that this exception should not be subject to Executive Order 13211,
available, i.e., CBI or other information applied for every hour of operation, but ‘‘Actions Concerning Regulations That
whose disclosure is restricted by statute. only during the hour in which the Significantly Affect Energy Supply,
Certain other material, such as activity mentioned above occurs. In Distribution, or Use’’ (66 FR 28355, May
copyrighted material, is not placed on addition, the revised language clarifies 22, 2001). This action merely approves
the Internet and will be publicly that only periods of visible emissions state law as meeting Federal
available only in hard copy form. less than 40 percent may qualify for the requirements and imposes no additional
Publicly available docket materials are exception and that the 6-minute period requirements beyond those imposed by

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Federal Register / Vol. 70, No. 79 / Tuesday, April 26, 2005 / Rules and Regulations 21339

state law. Accordingly, the provided that they meet the criteria of States Court of Appeals for the
Administrator certifies that this rule the Clean Air Act. In this context, in the appropriate circuit by June 27, 2005.
will not have a significant economic absence of a prior existing requirement Filing a petition for reconsideration by
impact on a substantial number of small for the State to use voluntary consensus the Administrator of this final rule does
entities under the Regulatory Flexibility standards (VCS), EPA has no authority not affect the finality of this rule for the
Act (5 U.S.C. 601 et seq.). Because this to disapprove a SIP submission for purposes of judicial review nor does it
rule approves pre-existing requirements failure to use VCS. It would thus be extend the time within which a petition
under state law and does not impose inconsistent with applicable law for for judicial review may be filed, and
any additional enforceable duty beyond EPA, when it reviews a SIP submission, shall not postpone the effectiveness of
that required by state law, it does not to use VCS in place of a SIP submission such rule or action. This action, to
contain any unfunded mandate or that otherwise satisfies the provisions of
approve revisions to the Maryland
significantly or uniquely affect small the Clean Air Act. Thus, the
governments, as described in the regulations which clarify the visible
requirements of section 12(d) of the
Unfunded Mandates Reform Act of 1995 National Technology Transfer and emissions exception provisions, may
(Public Law 104–4). This rule also does Advancement Act of 1995 (15 U.S.C. not be challenged later in proceedings to
not have tribal implications because it 272 note) do not apply. This rule does enforce its requirements. (See section
will not have a substantial direct effect not impose an information collection 307(b)(2).)
on one or more Indian tribes, on the burden under the provisions of the List of Subjects in 40 CFR Part 52
relationship between the Federal Paperwork Reduction Act of 1995 (44
Government and Indian tribes, or on the U.S.C. 3501 et seq.). Environmental protection, Air
distribution of power and pollution control, Particulate matter,
responsibilities between the Federal B. Submission to Congress and the
Comptroller General Reporting and recordkeeping
Government and Indian tribes, as requirements.
specified by Executive Order 13175 (65 The Congressional Review Act, 5
FR 67249, November 9, 2000). This U.S.C. 801 et seq., as added by the Small Dated: April 19, 2005.
action also does not have Federalism Business Regulatory Enforcement Richard J. Kampf,
implications because it does not have Fairness Act of 1996, generally provides Acting Regional Administrator, Region III.
substantial direct effects on the States, that before a rule may take effect, the
on the relationship between the national agency promulgating the rule must ■ 40 CFR part 52 is amended as follows:
government and the States, or on the submit a rule report, which includes a
distribution of power and PART 52—[AMENDED]
copy of the rule, to each House of the
responsibilities among the various Congress and to the Comptroller General
■ 1. The authority citation for part 52
levels of government, as specified in of the United States. EPA will submit a
Executive Order 13132 (64 FR 43255, continues to read as follows:
report containing this rule and other
August 10, 1999). This action merely required information to the U.S. Senate, Authority: 42 U.S.C. 7401 et seq.
approves a state rule implementing a the U.S. House of Representatives, and
Federal standard, and does not alter the the Comptroller General of the United Subpart V—Maryland
relationship or the distribution of power States prior to publication of the rule in
and responsibilities established in the the Federal Register. This rule to ■ 2. In § 52.1070, the table in paragraph
Clean Air Act. This rule also is not approve clarifications to the visible (c) is amended by revising the entries for
subject to Executive Order 13045 emissions exception language is not a COMAR, 10.18.08 (Title),
‘‘Protection of Children from ‘‘major rule’’ as defined by 5 U.S.C.,, and
Environmental Health Risks and Safety 804(2). to read as follows:
Risks’’ (62 FR 19885, April 23, 1997),
because it is not economically C. Petitions for Judicial Review § 52.1070 Identification of plan.
significant. Under section 307(b)(1) of the Clean * * * * *
In reviewing SIP submissions, EPA’s Air Act, petitions for judicial review of
(c) EPA approved regulations.
role is to approve state choices, this action must be filed in the United


Additional explanation/ci-
Code of Maryland administrative State effec-
Title/subject EPA approval date tation at 40 CFR
regulations (COMAR) citation tive date 52.1100

* * * * * * *
26.11.06 .......................................... General Emission Standards, Prohibitions, and Restrictions

* * * * * * * ..................................... Visible Emissions ........... 11/24/03 4/26/05 ............................................... Revised paragraph
[Except: .02A(1)(e), (1)(g), (1)(h), [Insert page number where the docu-
(1)(i)] ment begins]

* * * * * * *
10.18.08/26.11.08 ........................... Control of Incinerators

* * * * * * *

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21340 Federal Register / Vol. 70, No. 79 / Tuesday, April 26, 2005 / Rules and Regulations


Additional explanation/ci-
Code of Maryland administrative State effec-
Title/subject EPA approval date tation at 40 CFR
regulations (COMAR) citation tive date 52.1100 ................. Visible Emissions ........... 11/24/03 4/26/05 ............................................... Revised COMAR cita-
[Insert page number where the docu- tion; revised para-
ment begins] graph

* * * * * * *
26.11.09 .......................................... Control of Fuel-Burning Equipment, Stationary Internal Combustion Engines, and Certain Fuel-
Burning Installations

* * * * * * * ..................................... Visible Emissions ........... 11/24/03 4/26/05 ............................................... Revised paragraph
[Insert page number where the docu-
ment begins]

* * * * * * *
26.11.10 .......................................... Control of Iron and Steel Production Installations

* * * * * * * ..................................... Visible Emissions ........... 11/24/03 4/26/05 ............................................... Revised paragraph
[Insert page number where the docu-
ment begins]

* * * * * * *

[FR Doc. 05–8317 Filed 4–25–05; 8:45 am] ACTION: Closure. SUPPLEMENTARY INFORMATION:
BILLING CODE 6560–50–P Regulations governing the Loligo squid
SUMMARY: NMFS announces that the
fishery are found at 50 CFR part 648.
directed fishery for Loligo squid in the
The regulations require specifications
Exclusive Economic Zone (EEZ) will be
DEPARTMENT OF COMMERCE closed effective 0001 hours, April 25, for maximum sustainable yield, initial
2005. Vessels issued a Federal permit to optimum yield, allowable biological
National Oceanic and Atmospheric catch, domestic annual harvest (DAH),
harvest Loligo squid may not retain or
Administration domestic annual processing, joint
land more than 2,500 lb (1,134 kg) of
Loligo squid per trip for the remainder venture processing, and total allowable
50 CFR Part 648 of the quarter (through June 30, 2005). levels of foreign fishing for the species
[Docket No. 041221358–5065–02; I.D. This action is necessary to prevent the managed under the Atlantic Mackerel,
042005B] fishery from exceeding its Quarter II Squid, and Butterfish Fishery
quota and to allow for effective Management Plan. The procedures for
Fisheries of the Northeastern United management of this stock. setting the annual initial specifications
States; Atlantic Mackerel, Squid, and DATES: Effective 0001 hours, April 25, are described in § 648.21.
Butterfish Fisheries; Closure of the 2005, through 2400 hours, June 30, The final rule for the 2005 annual
Quarter II Fishery for Loligo Squid 2005. specifications published on March 21,
AGENCY: National Marine Fisheries FOR FURTHER INFORMATION CONTACT: 2005 (70 FR 13406). The 2005 annual
Service (NMFS), National Oceanic and Jason Blackburn, Fishery Management quota for Loligo squid is 16,744.9 mt.
Atmospheric Administration (NOAA), Specialist, 978–281–9326, Fax 978–281– This amount is allocated by quarter, as
Commerce. 9135. shown below.
Quarter Percent Metric Tons1 Research Set-aside

I (Jan-Mar) 33.23 ...................................... 5,564.3 ................................... N/A.

II(Apr-Jun) 17.61 ...................................... 2,948.8 ................................... N/A.
III(Jul-Sep) 17.3 ........................................ 2,896.9 ................................... N/A.
IV (Oct-Dec) 31.86 ...................................... 5,334.9 ................................... N/A.
Total 100 ......................................... 16,744.9 ................................. 255.1.
1Quarterly allocations after 255.1–mt research set-aside deduction.

Section 648.22 requires NMFS to Quarters I, II, and III, and when 95 closure, the Executive Directors of the
close the directed Loligo squid fishery in percent of the total annual DAH has Mid-Atlantic, New England, and South
the EEZ when 80 percent of the been harvested. NMFS is further Atlantic Fishery Management Councils;
quarterly allocation is harvested in required to notify, in advance of the mail notification of the closure to all

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