35354 Federal Register / Vol. 72, No. 124 / Thursday, June 28, 2007 / Rules and Regulations 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 or more in any one year. 

Though this rule will not result in such 

an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

Taking of Private Property 

This rule will not effect a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

will not concern an environmental risk 

to health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

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. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Commandant Instruction M16475.1D 

and Department of Homeland Security 

Management Directive 5100.1, which 

guide the Coast Guard in complying 

with the National Environmental Policy 

Act of 1969 (NEPA) (42 U.S.C. 4321–

4370f), and have concluded that there 

are no factors in this case that would 

limit the use of the categorical exclusion 

under section 2.B.2 of the Instruction. 

Therefore, this rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction, from further 

environmental documentation. This rule 

falls under the provisions of paragraph 

(34)(g) because the rule establishes a 

safety zone. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226 and 1231; 46 

U.S.C. Chapter 701; 50 U.S.C. 191, 195; 33 

CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. 

L. 107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add temporary § 165.T01–075 to 

read as follows: 

§ 165.T01–075 Safety Zone: Lawrence 

Beach Club Fireworks, Atlantic Beach, NY. 

(a) Location. The following area is a 

safety zone: All navigable waters of 

Long Island Sound off of Atlantic Beach, 

NY within a 1200-foot radius of the 

fireworks barge located in approximate 

position 40°34′42.65′′ N, 073°42′56.02 

W. 

(b) Regulations. (1) The general 

regulations contained in 33 CFR 165.23 

apply. 

(2) In accordance with the general 

regulations in § 165.23 of this part, entry 

into or movement within this zone is 

prohibited unless authorized by the 

Captain of the Port Long, Island Sound. 

(3) All persons and vessels shall 

comply with the Coast Guard Captain of 

the Port or designated on-scene patrol 

personnel. These personnel comprise 

commissioned, warrant and petty 

officers of the U.S. Coast Guard. Upon 

being hailed by a U.S. Coast Guard 

vessel by siren, radio, flashing light or 

other means, the operator of the vessel 

shall proceed as directed. 

(c) Enforcement period. This section 

will be enforced from 8 p.m. to 11 p.m. 

on Saturday, June 30, 2007. 

Dated: June 13, 2007. 

D.A. Ronan, 

Captain, U.S. Coast Guard, Captain of the 

Port, Long Island Sound. 

[FR Doc. E7–12461 Filed 6–27–07; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 51, 52, 72, 73, 74, 78, 96, 

and 97 

[EPA–HQ–OAR–2004–0076; FRL–8333–1] 

RIN 2060–AM99 

Rulemaking on Section 126 Petition 

From North Carolina To Reduce 

Interstate Transport of Fine Particulate 

Matter and Ozone; Federal 

Implementation Plans To Reduce 

Interstate Transport of Fine Particulate 

Matter and Ozone: Notice of Actions 

Denying Petitions for Reconsideration 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of Actions Denying 

Petitions for Reconsideration. 

SUMMARY: The EPA is providing notice 

that it has responded to 4 petitions for 

reconsideration of a final rule published 

in the Federal Register on April 28, 

2006. The rule promulgated Federal 

implementation plans (FIPs) for the 

Clean Air Interstate Rule (CAIR) and 

responded to a petition from North 

Carolina that was submitted under 

section 126 of the Clean Air Act (CAIR 

FIPs-Section 126 Rule). Subsequent to 

publishing the rule, EPA received 4 

petitions for reconsideration from 

ARRIPA (dated June 26, 2006), Colver 


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Federal Register / Vol. 72, No. 124 / Thursday, June 28, 2007 / Rules and Regulations 35355 

Power Project (dated June 27, 2006), the 

State of North Carolina (dated June 26, 

2006), and Southern Environmental Law 

Center (on behalf of Southern 

Environmental Law Center, Sierra Club, 

and Environment North Carolina) (dated 

June 27, 2006). The EPA considered the 

petitions and supporting information 

along with information contained in the 

rulemaking docket (Docket No. EPA–

OAR–HQ–2004–0076) in reaching a 

decision on the petitions. EPA 

Administrator Stephen L. Johnson 

denied the petitions for reconsideration 

in separate letters to the petitioners 

dated February 27, 2007 to ARRIPA and 

to Colver Power Project and dated May 

7, 2007 to Southern Environmental Law 

Center and to the State of North 

Carolina. The letters explain EPA’s 

reasons for the denials. 

FOR FURTHER INFORMATION CONTACT: 

Sonja Rodman, U.S. EPA, Office of 

General Counsel, Mail Coder 2344A, 

1200 Pennsylvania Avenue, NW., 

Washington, DC 20460, telephone (202) 

564–4097, e-mail at 

rodman.sonja@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. How Can I Get Copies of This 

Document and Other Related 

Information? 

This Federal Register notice, the 

petitions for reconsideration, and the 

letters denying the petitions for 

reconsideration are available in the 

docket that EPA established for the 

CAIR FIRs-Section 126 Rule under 

Docket ID No. EPA–HQ–OAR–2004–

0076. The document identification 

numbers for the petitions for 

reconsideration are: ARRIPA, EPA–HQ–

OAR–2004–0076–0284; North Carolina, 

EPA–HQ–OAR–2004–0076–0293.1 

(petition) and EPA–HQ–OAR–2004–

0076–0293.2 through EPA–HQ–OAR–

2004–0076–0293.21 (supporting 

materials); and Southern Environmental 

Law Center, Sierra Club, and 

Environment North Carolina, EPA–HQ–

OAR–2004–0076–0233. The document 

identification numbers for EPA’s 

response letters are: to ARRIPA, EPA–

HQ–OAR–2004–0076–0307; to Colver 

Power Project, EPA–HQ–OAR–2004–

0076–0308; to North Carolina, EPA–

HQ–OAR–2004–0076–0305; and to 

Southern Environmental Law Center, 

EPA–HQ–OAR–2004–0076–0306. 

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, 

e.g., 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 EPA Docket Center (Air Docket), 

EPA/DC, EPA West, Room 3334, 1301 

Constitution Ave., NW., Washington, 

DC. The Public Reading Room is open 

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

through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744 

and the telephone number for the Air 

Docket is (202) 566–1742. 

This Federal Register notice, the 

petitions for reconsideration, and the 

letters denying the petitions can also be 

found on EPA’s Web site http:// 

www.epa.gov/cair. The CAIR FIPsSection 126 Rule was published in the 

Federal Register on April 28, 2006 at 71 

FR 25328. 

II. Judicial Review 

Section 307(b)(1) of the Clean Air Act 

indicates which Federal Courts of 

Appeals have venue for petitions for 

review of final actions by EPA. This 

section provides, in part, that the 

petitions for review must be filed in the 

Court of Appeals for the District of 

Columbia Circuit if (i) the agency action 

consists of ‘‘nationally applicable 

regulations promulgated, or final action 

taken, by the Administrator,’’ or (ii) 

such actions are locally or regionally 

applicable, if ‘‘such action is based on 

a determination of nationwide scope or 

effect and if in taking such action the 

Administrator finds and publishes that 

such action is based on such a 

determination.’’

The EPA has determined that its 

actions denying the petitions for 

reconsideration are of nationwide scope 

and effect for purposes of section 

307(d)(1) because the actions directly 

affect the CAIR FIPs-Section 126 Rule, 

which previously was found to be of 

nationwide scope and effect. Thus, any 

petitions for review of the letters 

denying the petitions for 

reconsideration described in this Notice 

must be filed in the Court of Appeals for 

the District of Columbia Circuit within 

60 days from the date this Notice is 

published in the Federal Register. 

Dated: June 22, 2007. 

Stephen D. Page, 

Director, Office of Air Quality Planning and 

Standards. 

[FR Doc. 07–3188 Filed 6–27–07; 8:45 am] 

BILLING CODE 6560–50–M 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2006–0130–200714(w); 

FRL–8332–6] 

Approval and Promulgation of 

Implementation Plans: State of Florida; 

Prevention of Significant Deterioration 

Requirements for Power Plants 

Subject to the Florida Power Plant 

Siting Act; Withdrawal of Direct Final 

Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Withdrawal of direct final rule. 

SUMMARY: Due to an adverse comment, 

EPA is withdrawing the direct final rule 

published May 25, 2007 (72 FR 29273), 

approving a revision to the State 

Implementation Plan of the State of 

Florida. This revision grants full 

approval to implement the State’s Clean 

Air Act Prevention of Significant 

Deterioration program for electric power 

plants subject to the Florida Electrical 

Power Plant Siting Act. EPA stated in 

the direct final rule that if EPA received 

an adverse comment by June 25, 2007, 

the rule would be withdrawn and not 

take effect. EPA subsequently received 

an adverse comment. EPA will address 

the comment in a subsequent action. 

DATES: The direct final rule is 

withdrawn as of June 28, 2007. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Kelly Fortin, Air Permits Section, Air 

Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. The 

telephone number is (404) 562–9117. 

Ms. Fortin can also be reached via 

electronic mail at fortin.kelly@epa.gov. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: June 19, 2007. 

Russell L. Wright, Jr., 

Acting Regional Administrator, Region 4. 

Accordingly, the amendments to 40 

CFR 52.530 (which published in the 

Federal Register on May 25, 2007, at 72 

FR 29273) is withdrawn as of June 28, 

2007. 

[FR Doc. E7–12585 Filed 6–27–07; 8:45 am] 

BILLING CODE 6560–50–P 


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