5794 Federal Register / Vol. 71, No. 23 / Friday, February 3, 2006 / Rules and Regulations 

H. Executive Order 13211, Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This rule is not subject to Executive 

Order 13211, ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355, May 22, 2001) because it is 

not a significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act 

As noted in the proposed rule, section 

12(d) of the National Technology 

Transfer and Advancement Act 

(NTTAA) of 1995, Public Law 104–113, 

12(d) (15 U.S.C. 272 note) directs EPA 

to use voluntary consensus standards in 

its regulatory activities unless to do so 

would be inconsistent with applicable 

law or otherwise impractical. Voluntary 

consensus standards are technical 

standards that are developed or adopted 

by voluntary consensus standard bodies. 

The NTAA directs EPA to provide 

Congress, through OMB, explanations 

when the Agency decides not to use 

available and applicable voluntary 

consensus standards. 

The EPA believes that VCS are 

inapplicable to this action. 

This waiver of certain control 

requirements does not require the 

public to perform activities to which to 

the use of VCS would be relevant. 

J. Congressional Review Act 

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. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). This rule 

will be effective March 6, 2006. 

K. Petitions for Judicial Review 

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

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by April 4, 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 in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Nitrogen dioxide, Ozone, 

Reporting and recordkeeping 

requirements. 

Dated: January 27, 2006. 

Stephen L. Johnson, 

Administrator. 

■ Part 52 of chapter I, title 40 of the 

Code of Federal Regulations is amended 

as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart U—Maine 

■ 2. Section 52.1023 is amended by 

adding paragraph (d) to read as follows: 

§ 52.1023 Control strategy: Ozone. 

* * * * * 

(d) Approval. EPA is approving an 

exemption request from the NOX

requirements contained in Section 

182(f) of the Clean Air Act for northern 

Maine. The exemption request was 

submitted by the Maine Department of 

Environmental Protection on March 24, 

2005, and supplemented on April 19 

and June 28, 2005. This approval 

exempts major sources of nitrogen 

oxides in Aroostook, Franklin, Oxford, 

Penobscot, Piscataquis, Somerset, 

Washington, and portions of Hancock 

and Waldo Counties from the 

requirements to implement controls 

meeting reasonably available control 

technology under the Clean Air Act, and 

nonattainment area new source review 

(NSR) for new sources and 

modifications. In Waldo County, this 

area includes only the following towns: 

Belfast, Belmont, Brooks, Burnham, 

Frankfort, Freedom, Jackson, Knox, 

Liberty, Lincolnville, Monroe, 

Montville, Morrill, Northport, Palermo, 

Prospect, Searsmont, Searsport, 

Stockton Springs, Swanville, Thorndike, 

Troy, Unity, Waldo, and Winterport. In 

Hancock County, this area includes only 

the following towns and townships: 

Amherst, Aurora, Bucksport, Castine, 

Dedham, Eastbrook, Ellsworth, Franklin, 

Great Pond, Mariaville, Orland, Osborn, 

Otis, Penobscot, Verona, Waltham, 

Oqiton Township (T4 ND), T3 ND, T39 

MD, T40 MD, T41 MD, T32 MD, T34 

MD, T35 MD, T28 MD, T22 MD, T16 

MD, T8 SD, T9 SD, T10 SD, and T7 SD. 

[FR Doc. 06–984 Filed 2–2–06; 8:45 am] 

BILLING CODE 6560–50–P 

LEGAL SERVICES CORPORATION 

45 CFR Part 1631 

Expenditure of Grant Funds 

AGENCY: Legal Services Corporation. 

ACTION: Final rule. 

SUMMARY: This final rule deletes in its 

entirety the Legal Services Corporation’s 

regulation at 45 CFR part 1631, 

Expenditure of Grant Funds. The 

deletion is warranted because the 

statutory authority for part 1631 is no 

longer the prevailing rule of law. 

DATES: This final rule becomes effective 

March 6, 2006. 

FOR FURTHER INFORMATION CONTACT: 

Mattie C. Condray, Senior Assistant 

General Counsel, Office of Legal Affairs, 

Legal Services Corporation, 3333 K 

Street, NW., Washington, DC 20007; 

202–295–1624 (ph); 202–337–6519 (fax); 

mcondray@lsc.gov. 

SUPPLEMENTARY INFORMATION: Part 1631 

provides that LSC grant recipients may 

not expend LSC funds except as in 

accordance with the restrictions and 

provisions contained in the 

Corporation’s Fiscal Year 1986 

appropriations measure (Pub. L. 99–180, 

99 Stat. 1136), unless such funds are 

expended pursuant to a waiver from the 

Corporation. Part 1631 was promulgated 

in 1986 in response to Congressional 

concerns that some pre-1982 funds were 

being held by recipients and spent on 

activities which were not prohibited at 

the time the funds were appropriated, 

but which were later prohibited (and on 

which recipients could not spend 

currently appropriated funds). 51 FR 

24826 (July 9, 1986). 

In 2005, there is no longer any 

concern that recipients have any pre1982 funds to spend. In addition, in 

1996, Congress adopted new restrictions 

and provisions applicable to recipients 

of LSC funds which supersede the 

restrictions in Public Law 99–180. 

Public Law 104–134, 110 Stat. 1321. 

These restrictions have been 

incorporated by reference in each 

subsequent appropriation, including the 

current appropriation. Public Law 108–

447, 118 Stat. 2809. These restrictions 

have been separately incorporated into 

LSC’s regulations and removal of part 

1631 will have no effect on the later 


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Federal Register / Vol. 71, No. 23 / Friday, February 3, 2006 / Rules and Regulations 5795 

restrictions and provisions imposed by 

Public Law 104–134. See, e.g., 45 CFR 

part 1610. 

In light of the above, LSC published 

a Notice of Proposed Rulemaking 

(‘‘NPRM’’) on November 3, 2005 (70 FR 

66814), proposing to remove and reserve 

part 1631 from Chapter XVI of Title 45 

of the Code of Federal Regulations. LSC 

received no comments on the NPRM. 

Accordingly, as part 1631 is now 

obsolete, LSC is deleting part 1631 in its 

entirety. LSC believes this action will 

streamline LSC’s regulations and avoid 

any potential confusion the continued 

existence of part 1631 might create. 

PART 1631—[REMOVED AND 

RESERVED] 

■ For reasons set forth above, and under 

the authority of 42 U.S.C. 2996g(e), LSC 

removes and reserves 45 CFR part 1631. 

Victor M. Fortuno, 

Vice President & General Counsel. 

[FR Doc. 06–997 Filed 2–2–06; 8:45 am] 

BILLING CODE 7050–01–P 


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