Federal Register / Vol. 71, No. 135 / Friday, July 14, 2006 / Rules and Regulations 40023 

RHODE ISLAND NON REGULATORY—Continued 

Name of non regulatory 

SIP provision 

Applicable geographic or 

nonattainment area 

State submittal date/effective date EPA approved date Explanations 

September 20, 2001 letter 

from Rhode Island Department of Environmental Management.

Statewide ............................ Submitted 09/20/01 .......... 06/20/03, 68 FR 36921 ...... Submitting the ‘‘NOX

State Implementation 

Plan (SIP) Call Narrative,’’ revised September 2001. 

NOX State Implementation 

Plan (SIP) Call Narrative, revised September 2001.

Statewide ............................ Submitted 09/20/01 .......... 06/20/03, 68 FR 36921.

[FR Doc. E6–11108 Filed 7–13–06; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R03–OAR–2005–0480; FRL–8197–1] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; Redesignation of the City of 

Weirton PM–10 Nonattainment Area to 

Attainment and Approval of the 

Maintenance Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a 

redesignation request and a State 

Implementation Plan (SIP) revision 

submitted by the State of West Virginia. 

This revision requests that EPA 

redesignate the Weirton nonattainment 

area (Weirton Area) to attainment for the 

national ambient air quality standards 

(NAAQS) for particulate matter with an 

aerodynamic diameter less than or equal 

to a nominal 10 micrometers (PM–10), 

and concurrently requests approval of a 

limited maintenance plan (LMP) as a 

revision to the West Virginia State 

Implementation (SIP). In this action, 

EPA is approving the State’s request to 

redesignate the area from nonattainment 

to attainment, as well as approving the 

LMP for the Weirton Area. 

DATES: Effective Date: This final rule is 

effective on August 14, 2006. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2005–0480. All 

documents in the docket are listed in 

the www.regulations.gov Web site. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy for 

public inspection during normal 

business hours at the Air Protection 

Division, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of the State submittal are 

available at the West Virginia 

Department of Environmental 

Protection, Division of Air Quality, 601 

57th Street, SE., Charleston, WV 25304. 

FOR FURTHER INFORMATION CONTACT: 

Linda Miller, (215) 814–2068, or by email at miller.linda@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On May 11, 2006 (71 FR 27440), EPA 

published a notice of proposed 

rulemaking (NPR) for the State of West 

Virginia. The NPR proposed approval of 

the LMP for the Weirton Area in West 

Virginia and the State’s request to 

redesignate the area from nonattainment 

to attainment. EPA also proposed to 

determine that, because the Weirton 

Area has continued to attain the PM–10 

NAAQS, certain attainment 

demonstration requirements, along with 

other related requirements of the CAA, 

are not applicable to the Weirton Area. 

West Virginia submitted a request to 

redesignate the Weirton Area to 

attainment for PM–10 and a SIP 

submittal for the related maintenance 

plan on May 24, 2004. 

II. Summary of SIP Revision 

On May 16, 2001 (66 FR 27034), EPA 

promulgated a final rule entitled, 

‘‘Determination of Attainment of the 

NAAQS for PM–10 in the Weirton, West 

Virginia Nonattainment Area’’ finding 

that the Weirton PM–10 nonattainment 

had attained the NAAQS for PM–10 by 

its applicable December 31, 2000 

attainment date. In order to be 

redesignated from nonattainment to 

attainment, West Virginia requested, in 

a letter dated October 14, 2003, that EPA 

apply its clean data policy to the 

Weirton Area. The redesignation 

request, dated May 24, 2004, included 

the associated SIP submittal of the 

maintenance plan for the Weirton area. 

Other specific requirements of the 

request for redesignation and the 

associated rationale and the rationale for 

EPA’s proposed action are explained in 

the NPR and will not be restated here. 

EPA received one comment in support 

of the proposed approval. 

III. Final Action 

EPA is approving the PM–10 

redesignation request for the Weirton 

Area, and also approving the associated 

limited maintenance plan as a revision 

to the West Virginia SIP. 

IV. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. For 

this reason, this action is also not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). This action merely approves 

state law as meeting Federal 

requirements and imposes no additional 

requirements beyond those imposed by 

state law. Accordingly, the 

Administrator certifies that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities under the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.). Because this 

rule approves pre-existing requirements 

under state law and does not impose 

any additional enforceable duty beyond 

that required by state law, it does not 

contain any unfunded mandate or 

significantly or uniquely affect small 

governments, as described in the 

Unfunded Mandates Reform Act of 1995 

(Pub. L. 104–4). This rule also does not 

have tribal implications because it will 

not have a substantial direct effect on 

one or more Indian tribes, on the 

relationship between the Federal 

Government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

Government and Indian tribes, as 

specified by Executive Order 13175 (65 


cprice-sewell on PROD1PC66 with RULES
40024 Federal Register / Vol. 71, No. 135 / Friday, July 14, 2006 / Rules and Regulations 

FR 67249, November 9, 2000). This 

action also does not have Federalism 

implications because it does not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This action merely 

approves a state rule implementing a 

Federal requirement, and does not alter 

the relationship or the distribution of 

power and responsibilities established 

in the Clean Air Act. This rule also is 

not subject to Executive Order 13045 

‘‘Protection of Children from 

Environmental Health Risks and Safety 

Risks’’ (62 FR 19885, April 23, 1997), 

because it is not economically 

significant. 

In reviewing SIP submissions, EPA’s 

role is to approve state choices, 

provided that they meet the criteria of 

the Clean Air Act. In this context, in the 

absence of a prior existing requirement 

for the State to use voluntary consensus 

standards (VCS), EPA has no authority 

to disapprove a SIP submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a SIP submission, 

to use VCS in place of a SIP submission 

that otherwise satisfies the provisions of 

the Clean Air Act. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. This rule does 

not impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). 

B. Submission to Congress and the 

Comptroller General 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this rule and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. This rule is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

C. Petitions for Judicial Review 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action to approve the redesignation 

request for the Weirton nonattainment 

area and approve the associated 

maintenance plan as a revision to the 

SIP must be filed in the United States 

Court of Appeals for the appropriate 

circuit by September 12, 2006. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this rule for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Reporting and Recordkeeping 

requirements, Particulate matter. 

40 CFR Part 81 

Air Pollution Control, National parks, 

Wilderness areas. 

Dated: July 6, 2006. 

William T. Wisniewski, 

Acting Regional Administrator, Region III. 

■ 40 CFR Parts 52 and 81 are amended 

as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for 40 CFR 

part 52 continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart XX—West Virginia 

■ 2. In § 52.2520, the table in paragraph 

(e) is amended by adding an entry for 

the City of Weirton PM–10 Maintenance 

Plan at the end of the table to read as 

follows: 

§ 52.2520 Identification of plan. 

* * * * * 

(e) * * * 

Name of non-regulatory SIP 

revision Applicable geographic area 

State submittal 

date 

EPA 

approval 

date 

Additional explanation 

* * * * * * * 

City of Weirton PM–10 Maintenance Plan.Hancock and Brooke Counties 

(part)—the City of Weirton.

4/24/04 7/14/06 [Insert page number 

where the document begins].

Limited maintenance plan. 

PART 81—[AMENDED] 

Subpart C—Section 107 Attainment 

Status Designations 

■ 1. The authority citation for Part 81 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

■ 2. In § 81.349, the table for ‘‘West 

Virginia—PM–10’’ is amended by 

revising the entry for Hancock and 

Brooke Counties (part): The City of 

Weirton to read as follows: 

§ 81.349 West Virginia. 

* * * * * 

WEST VIRGINIA—PM–10 

Designated Area 

Designation Classification 

Date Type Date Type 

* * * * * * * 

Hancock and Brooke Counties (part): The City of Weirton ............................... 9/12/06 Attainment.


cprice-sewell on PROD1PC66 with RULES
Federal Register / Vol. 71, No. 135 / Friday, July 14, 2006 / Rules and Regulations 40025 

1Mutual aid agreements where one State or local 

government reimburses another State or local 

government for services provided take many forms, 

including the Emergency Management Assistance 

Compact, Public Law 104–321. 

WEST VIRGINIA—PM–10—Continued 

Designated Area 

Designation Classification 

Date Type Date Type 

* * * * * * * 

* * * * * 

[FR Doc. E6–11107 Filed 7–13–06; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 206 

[Docket ID FEMA–2006–0028] 

RIN 1660–AA45 

Public Assistance Eligibility 

AGENCY: Federal Emergency 

Management Agency (FEMA), 

Department of Homeland Security 

(DHS). 

ACTION: Interim rule with request for 

comments. 

SUMMARY: This interim rule will allow 

FEMA to reimburse State, Tribal and 

local governments within an area 

designated under a Presidential 

emergency or major disaster declaration 

for sheltering and evacuation costs 

incurred outside of the designated area. 

Under this rule, FEMA may also directly 

provide sheltering and evacuation 

assistance outside of the designated 

area. 

DATES: Effective: This rule is effective 

July 14, 2006. Comments: Comments 

due on or before September 12, 2006. 

ADDRESSES: You may submit comments, 

identified by Docket ID FEMA–2006–

0028, by one of the following methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

E-mail: FEMA–RULES@dhs.gov. 

Include Docket ID FEMA–2006–0028 in 

the subject line of the message. 

Fax: 202–646–4536 

Mail/Hand Delivery/Courier: Rules 

Docket Clerk, Office of General Counsel, 

Federal Emergency Management 

Agency, Room 835, 500 C Street, SW., 

Washington, DC 20472. 

Instructions: All Submissions 

received must include the agency name 

and Docket ID (if available) for this 

interim final rule. All comments 

received will be posted without change 

to http://www.regulations.gov, including 

any personal information provided. For 

detailed instructions on submitting 

comments, see the ‘‘Public 

Participation’’ heading of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Docket: For access to the docket to 

read background documents or 

comments received, go to the Federal 

eRulemaking Portal at http:// 

www.regulations.gov. Submitted 

comments may also be inspected at 

FEMA, Office of General Counsel, 500 C 

Street, SW., Room 835, Washington, DC 

20472. 

FOR FURTHER INFORMATION CONTACT: 

James A. Walke, FEMA, 500 C Street, 

SW., Washington, DC 20472, or call 

(202) 646–2751, or e-mail 

james.walke@dhs.gov. 

SUPPLEMENTARY INFORMATION: 

Public Participation 

Interested persons are invited to 

participate in this rulemaking by 

submitting written data, views, or 

arguments on all aspects of the interim 

rule. FEMA also invites comments that 

relate to the economic, environmental, 

or federalism affects that might result 

from this interim rule. Comments that 

will provide the most assistance to 

FEMA in developing these procedures 

will reference a specific portion of the 

interim rule, explain the reason for any 

recommended change, and include data, 

information, or authority that support 

such recommended change. 

Instructions: All submissions received 

must include the agency name and 

Docket ID for this rulemaking. All 

comments received will be posted 

without change to http:// 

www.regulations.gov, including any 

personal information provided. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov. Submitted 

comments may also be inspected at 

Office of General Counsel, Federal 

Emergency Management Agency, 500 C 

Street, SW., Room 835, Washington, DC 

20472. 

Background 

In response to Hurricanes Katrina and 

Rita in 2005, pre- and post-storm 

evacuations created a significant need 

for evacuation and sheltering outside of 

the counties and States that were 

initially designated eligible for 

assistance under the emergency and 

major disaster declarations. State and 

local governmental entities outside of 

the designated areas provided 

transportation and shelter for evacuees 

and, as a result, incurred significant 

costs. However, FEMA’s existing 

regulation required that the eligible 

work be performed within the 

designated disaster (or emergency) area. 

44 CFR 206.223(a)(2). Therefore, in 

order for the non-designated State and 

local governments to recoup their 

eligible costs, the States were required 

to request and obtain approval for a 

separate emergency declaration. 

Otherwise, there was no mechanism 

whereby FEMA could provide 

assistance to those entities that provided 

evacuation and sheltering services 

outside the designated areas. 

Discussion of Interim Rule 

This interim rule implements a 

change to 44 CFR 206.223(a)(2). This 

rule will allow FEMA to reimburse for 

sheltering and evacuation costs incurred 

outside of the area designated under a 

Presidential emergency or major disaster 

declaration, if the costs are otherwise 

eligible for Public Assistance funding. 

Under this rule, an eligible applicant (as 

defined in 44 CFR 206.222) within the 

designated disaster area may request an 

entity outside of the designated area to 

provide evacuation and sheltering 

services for its citizens. In such 

circumstances, the entity that provides 

the evacuation or sheltering services 

may seek reimbursement under a 

mutual aid or similar agreement 1 from 

the eligible applicant within the 

designated area that requested the 

services. The eligible applicant will 

reimburse the providing entity and 

FEMA will then reimburse the eligible 

applicant. Alternatively, FEMA may 

request an entity outside of the 

designated area to provide evacuation 

and sheltering services for the affected 


cprice-sewell on PROD1PC66 with RULES