1670 Federal Register / Vol. 72, No. 9 / Tuesday, January 16, 2007 / Rules and Regulations 

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 approves 

a state rule implementing a Federal 

standard, and does not alter the 

relationship or the distribution of power 

and responsibilities established in the 

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 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 plan submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a plan 

submission, to use VCS in place of a 

plan submission that otherwise satisfies 

the provisions of the 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.). 

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). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by March 19, 2007. 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 62 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Intergovernmental 

relations, Reporting and recordkeeping 

requirements, Waste treatment and 

disposal. 

Dated: January 4, 2007. 

Alan J. Steinberg, 

Regional Administrator, Region 2. 

■ Part 62, chapter I, title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 62—[AMENDED] 

■ 1. The authority citation for part 62 

continues to read as follows: 

Authority: 62 U.S.C. 7401–7671q. 

Subpart FF—New Jersey 

■ 2. Part 62 is amended by adding new 

§ 62.7605 and an undesignated heading 

to subpart FF to read as follows: 

Air Emissions from Existing 

Municipal Solid Waste Landfills, Small 

Municipal Waste Combustion Units, 

and Hospital/Medical/Infectious Waste 

Incinerators. 

§ 62.7605 Identification of plan—

delegation of authority. 

(a) Letter from the New Jersey 

Department of Environmental Protection 

(NJDEP), submitted May 13, 2005, 

requesting delegation of authority from 

EPA to implement and enforce the 

following three Federal plans: 

Municipal Solid Waste Landfills (MSW 

Landfills), Hospital/Medical/Infectious 

Waste Incinerators (HMIWI) and Small 

Municipal Waste Combustion Units 

(Small MWCs). The Federal plans will 

be administered by both NJDEP and 

EPA, pursuant to the following: 

‘‘Federal Plan Requirements for 

Municipal Solid Waste Landfills That 

Commenced Construction Prior to May 

30, 1991 and Have Not Been Modified 

or Reconstructed Since May 30, 1991,’’

40 CFR part 62, subpart GGG; ‘‘Federal 

Plan Requirements for Hospital/ 

Medical/Infectious Waste Incinerators 

Constructed on or Before June 20, 

1996,’’ 40 CFR part 62, subpart HHH; 

and ‘‘Federal Plan Requirements for 

Small Municipal Waste Combustion 

Units Constructed on or Before August 

30, 1999,’’ 40 CFR part 62, subpart JJJ. 

(b) Identification of sources: The three 

Federal plans apply to existing facilities 

as follows: MSW Landfills which 

commenced construction, 

reconstruction, or modification before 

May 30, 1991 and a MSW Landfill that 

has accepted waste at any time since 

November 8, 1987 or the landfill has 

additional capacity for future waste 

deposition; HMIWIs that combust any 

amount of hospital, medical or 

infectious waste and that commenced 

construction on or before June 20, 1996; 

and Small MWCs with a capacity to 

combust at least 35 tons per day of 

municipal solid waste or refuse-derived 

fuel but no more than 250 tons per day 

of municipal solid waste or refusederived fuel and if the Small MWC 

commenced construction on or before 

August 30, 1999. 

(c) On April 24, 2006, EPA prepared 

and signed Memorandums of Agreement 

(MOAs) between EPA and NJDEP that 

define the policies, responsibilities and 

procedures pursuant to the three 

Federal plans identified in (a) above by 

which the Federal plans will be 

administered by both NJDEP and EPA. 

On May 15, 2006, Lisa P. Jackson, 

NJDEP Commissioner, signed the 

MOAs, therefore agreeing to the terms 

and conditions of the MOAs and 

accepting responsibility to enforce and 

implement the policies, responsibilities, 

and procedures for MSW Landfills, 

HMIWIs and Small MWCs. 

(d) The delegation became fully 

effective on May 15, 2006, the date the 

MOAs were signed by the NJDEP 

Commissioner. 

[FR Doc. E7–413 Filed 1–12–07; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 239 and 258 

[EPA–RO7–RCRA–2006–0878; FRL–8269–1] 

Adequacy of Nebraska Municipal Solid 

Waste Landfill Program; Withdrawal of 

Direct Final Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Withdrawal of direct final rule. 

SUMMARY: Because EPA received 

adverse comment, we are withdrawing 

the direct final rule for Adequacy of 

Nebraska Municipal Solid Waste 

Landfill Program, published on 

November 16, 2006. 

DATES: Effective January 16, 2007, EPA 

withdraws the direct final rule 


cprice-sewell on PROD1PC66 with RULES
Federal Register / Vol. 72, No. 9 / Tuesday, January 16, 2007 / Rules and Regulations 1671 

published at 71 FR 66686 on November 

16, 2006. 

FOR FURTHER INFORMATION CONTACT: 

Chilton McLaughlin, Solid Waste/ 

Pollution Prevention Branch, EPA 

Region 7, 901 North 5th Street, Kansas 

City, Kansas 66101, telephone (913) 

551–7666, Mclaughlin.chilton@epa.gov. 

SUPPLEMENTARY INFORMATION: Because 

EPA received adverse comment, we are 

withdrawing the direct final rule for 

Adequacy of Nebraska Municipal Solid 

Waste Landfill Program published on 

November 16, 2006 (71 FR 66686). We 

stated in that direct final rule that if we 

received adverse comment by January 

16, 2007, the direct final rule would not 

take effect and we would publish a 

timely withdrawal in the Federal 

Register. On December 8, 2006, the 

Federal Register published a correction 

notice (71 FR 71241) establishing 

December 18, 2006, as the date by 

which EPA would receive comment. We 

subsequently received an adverse 

comment on that direct final rule. We 

will address that comment in a 

subsequent final action. As stated in the 

direct final rule and the parallel 

proposed rule, we will not institute a 

second comment period in this action. 

List of Subjects 

40 CFR Part 239 

Environmental protection, 

Administrative practice and procedure, 

Intergovernmental relations, Waste 

treatment and disposal. 

40 CFR Part 258 

Reporting and recordkeeping 

requirements, Waste treatment disposal, 

Water pollution control. 

Authority: This action is issued under the 

authority of section 2002, 4005 and 4010(c) 

of the Solid Waste Disposal Act, as amended, 

42 U.S.C. 6912, 6945 and 6949(a). 

Dated: January 9, 2007. 

William Rice, 

Acting Regional Administrator, Region 7. 

[FR Doc. E7–414 Filed 1–12–07; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 060216044–6044–01; I.D. 

010807A] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Inseason Adjustment 

to the 2007 A and B Season 

Allowances of Pollock in Statistical 

Area 620 in the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; inseason 

adjustment; request for comments. 

SUMMARY: NMFS is adjusting the A and 

B season allowances of pollock in 

Statistical Area 620 of the Gulf of Alaska 

(GOA). This action is necessary because 

the current A and B season allowances 

of pollock in Statistical Area 620 of the 

GOA are incorrectly specified and to 

ensure the A and B season catch of 

pollock in Statistical Area 620 of the 

GOA does not exceed the appropriate 

amount, based on the best available 

scientific information for pollock in the 

GOA. This action is consistent with the 

goals and objectives of the Fishery 

Management Plan for Groundfish of the 

Gulf of Alaska. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), January 16, 2007, through 

2400 hrs, A.l.t., April 15, 2007, unless 

otherwise modified or superceded 

through publication of a notification in 

the Federal Register. 

Comments must be received at the 

following address no later than 4:30 

p.m., A.l.t., January 31, 2007. 

ADDRESSES: Send comments to Sue 

Salveson, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region, NMFS, Attn: 

Ellen Sebastian. Comments may be 

submitted by: 

• Mail to: P.O. Box 21668, Juneau, AK 

99802; 

• Hand delivery to the Federal 

Building, 709 West 9th Street, Room 

420A, Juneau, Alaska; 

• FAX to 907–586–7557; 

• E-mail to 

620PLCKADJUSTMENT@noaa.gov and 

include the subject line of the e-mail 

comment the document identifier: 

620PLCKADJUSTMENT (E-mail 

comments, with or without attachments, 

are limited to 5 megabytes); or 

• Webform at the Federal eRulemaking 

Portal: http://www.regulations.gov. 

Follow the instructions at that site for 

submitting comments. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Hogan, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens Fishery Conservation and 

Management Act. Regulations governing 

fishing by U.S. vessels in accordance 

with the FMP appear at subpart H of 50 

CFR part 600 and 50 CFR part 679. 

The 2007 total allowable catch of 

pollock in Statistical Area 620 of the 

GOA is 24,275 metric tons (mt) as 

established by the 2006 and 2007 

harvest specification for groundfish in 

the GOA (71 FR 10870, March 3, 2006). 

The A season allowance is 8,910 mt and 

the B season allowance is 10,663 mt for 

pollock in Statistical area 620 of the 

GOA as established by the 2006 and 

2007 harvest specification for 

groundfish in the GOA (71 FR 10870, 

March 3, 2006). 

In December 2006, the Council 

recommended 2007 A and B season 

allowances of pollock in Statistical Area 

620 of 7,357 mt and 8,924 mt, 

respectively. This amount is less than 

the A and B season allowances currently 

established by the 2006 and 2007 

harvest specification for groundfish in 

the GOA (71 FR 10870, March 3, 2006). 

The A and B season allowances as 

recommended by the Council are based 

on the Stock Assessment and Fishery 

Evaluation report (SAFE), dated 

November 2006, which is the best 

available scientific information for this 

fishery. 

In accordance with 

§ 679.25(a)(2)(i)(B), the Administrator, 

Alaska Region, NMFS (Regional 

Administrator), has determined, based 

on the November 2006 SAFE report for 

this fishery, that the current A and B 

season allowances of pollock in 

Statistical Area 620 of the GOA are 

incorrectly specified. Consequently, the 

Regional Administrator is adjusting the 

2007 A and B season allowances of 

pollock in Statistical Area 620 of the 

GOA to 7,357 mt and 8,924 mt, 

respectively. 

Pursuant to § 679.20(a)(5)(iv), Tables 

6, 13, and 16 of the 2006 and 2007 final 

harvest specifications for groundfish in 

the GOA (71 FR 10870, March 3, 2006) 

are revised for the 2007 A and B season 

allowances of pollock in Statistical Area 

620 of the GOA consistent with this 

adjustment. 


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