76918 Federal Register / Vol. 71, No. 246 / Friday, December 22, 2006 / Rules and Regulations 

Dated: December 18, 2006. 

C.R. Choate, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. E6–21944 Filed 12–21–06; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[DOD–2006–OS–0220] 

32 CFR Part 367 

Assistant Secretary of Defense for 

Health Affairs 

AGENCY: Department of Defense. 

ACTION: Final rule. 

SUMMARY: This document removes part 

367, ‘‘Assistant Secretary of Defense for 

Health Affairs’’ presently in Title 32 of 

the Code of Federal Regulations. This 

part was canceled by DoD Directive 

5144.1, ‘‘Assistant Secretary of Defense 

for Networks and Information 

Integration/Dod Chief Information 

Officer (ASD(NII)/DOD CIO)’’. 

DATES: Effective Date: December 22, 

2006. 

FOR FURTHER INFORMATION CONTACT: L. 

Bynum, 703–696–2970. 

SUPPLEMENTARY INFORMATION: This part 

367 is removed to as a part of a DoD 

exercise to remove CFR parts no longer 

required to be codified. DoD Directive 

5144.1 may be obtained from http:// 

www.dtic.mil/whs/directives/corres/ 

dir2.html. 

List of Subjects in 32 CFR Part 367 

Organization and functions 

(Government agencies). 

PART 367—[REMOVED] 

■ Accordingly, by the authority of 10 

U.S.C. 301, 32 CFR part 367 is removed. 

Dated: December 15, 2006. 

L.M. Bynum, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 06–9823 Filed 12–21–06; 8:45 am] 

BILLING CODE 5001–06–M 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2006–0354; FRL–8259–5] 

Approval and Promulgation of Air 

Quality Implementation Plans; Ohio; 

Revision to Ohio State Implementation 

Plan To Rescind Oxides of Nitrogen 

Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a revision to 

the Ohio State Implementation Plan 

(SIP) submitted by Ohio on April 11, 

2005 to rescind a rule which affected 

stationary combustion sources located 

within Priority I regions of the State and 

new sources regardless of location. The 

rule revision we are approving here also 

applies to nitric acid manufacture. We 

are taking this action at the request of 

the Ohio Environmental Protection 

Agency (Ohio EPA) because this rule is 

no longer the limiting regulation for any 

oxides of nitrogen (NOX) emission units 

in the State. The rule was originally 

approved by EPA over 30 years ago and 

since then has been superseded by a 

number of more stringent State and 

Federal regulations. The Ohio NOX SIP 

call rules and Federal emission 

standards for utility and industrial units 

all have greater potential for reducing 

emissions of NOX and improving human 

health than does the State’s rescinded 

rule. 

DATES: This final rule is effective on 

January 22, 2007. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2006–0354. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Although listed in the index, some 

information is not publicly available, 

i.e., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding Federal holidays. We 

recommend that you telephone John 

Paskevicz, Engineer at (312) 886–6084 

before visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: John 

Paskevicz, Engineer, Criteria Pollutant 

Section, Air Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–6084, 

or e-mail at paskevicz.john@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: 

I. What Action is EPA Taking? 

II. What is the Background for the Action? 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. What Action is EPA Taking? 

EPA is approving the request from 

Ohio to rescind a rule, Ohio 

Administrative Code (OAC) 3745–23–

06, which the State has determined no 

longer applies to any source in the State. 

The rule formerly applied to sources of 

oxides of nitrogen (NOX) including 

nitric acid plants and combustion 

sources greater than 250 million British 

Thermal Units (BTU) per hour. Ohio 

made this request on April 11, 2005, 

following public hearing. We reviewed 

the State’s request and find that it meets 

the requirements for technical 

approvability and agreed that the rule is 

redundant with regard to control of 

large NOX combustion sources and 

nitric acid plants in the State. We agree 

that the rule has been superseded by 

recent State and Federal rules and is 

therefore no longer needed. 

II. What is the Background for the 

Action? 

The Ohio EPA sent a letter and 

supporting materials to EPA requesting 

to revise the Ohio SIP by eliminating 

that portion of plan which approved 

rule 3745–23–06 of the Ohio 

Administrative Code. Ohio EPA had 

made the determination that this rule, 

originally promulgated in 1972, was no 

longer viable because it had been 

superseded by more recent and more 

stringent rules. We agreed with Ohio 

EPA and on June 1, 2006, we published 

a proposal in the Federal Register (71 

FR 31129) to approve the State’s 

request. In that proposal we asked the 

public to comment on the State’s 

request and noted that there are no 

sources in the State subject to rule OAC 

3745–23–06. We gave the public thirty 

days to respond to our proposed action. 

We did not receive any comments on 

the proposal from the public either via 

the U.S. Postal Service or through the 

EPA public docket on the EPA Web site, 


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