18426 Federal Register / Vol. 72, No. 70 / Thursday, April 12, 2007 / Proposed Rules 

Indian Tribal Governments 

This proposed rule does not have 

tribal implications under Executive 

Order 13175, Consultation and 

Coordination with Indian Tribal 

Governments, because it would 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 proposed 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 proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

Environment 

We have analyzed this proposed rule 

under Commandant Instruction 

M16475.lD 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 made a preliminary determination 

that there are no factors in this case that 

would limit the use of a categorical 

exclusion under section 2.B.2 of the 

Instruction. Therefore, we believe that 

this rule should be categorically 

excluded, under figure 2–1, paragraph 

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

environmental documentation. Special 

local regulations issued in conjunction 

with a regatta or marine parade permit 

are specifically excluded from further 

analysis and documentation under that 

section. 

Under figure 2–1, paragraph (34)(h), 

of the Instruction, an ‘‘Environmental 

Analysis Check List’’ and a ‘‘Categorical 

Exclusion Determination’’ are not 

required for this rule. Comments on this 

section will be considered before we 

make the final decision on whether to 

categorically exclude this rule from 

further environmental review. 

List of Subjects in 33 CFR Part 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233. 

2. Add temporary § 100.35–T05–027 

to read as follows: 

§ 100.35–T05–027 Pasquotank River, 

Elizabeth City, NC. 

(a) Regulated area. The regulated area 

is established for the waters of the 

Pasquotank River, adjacent to Elizabeth 

City, NC, from shoreline to shoreline, 

bounded on the west by the Elizabeth 

City Draw Bridge and bounded on the 

east by a line originating at a point along 

the shoreline at latitude 36°17′54′′ N., 

longitude 076°12′00′′ W., thence 

southwesterly to latitude 36°17′35′′ N., 

longitude 076°12′18′′ W. at Cottage 

Point. All coordinates reference Datum 

NAD 1983. 

(b) Definitions. (1) Coast Guard Patrol 

Commander means a commissioned, 

warrant, or petty officer of the Coast 

Guard who has been designated by the 

Commander, Coast Guard Sector North 

Carolina. 

(2) Official Patrol means any vessel 

assigned or approved by Commander, 

Coast Guard Sector North Carolina with 

a commissioned, warrant, or petty 

officer on board and displaying a Coast 

Guard ensign. 

(3) Participant includes all vessels 

participating in the ‘‘Carolina Cup 

Regatta’’ under the auspices of the 

Marine Event Permit issued to the event 

sponsor and approved by Commander, 

Coast Guard Sector North Carolina. 

(c) Special Local Regulations. (1) 

Except for event participants and 

persons or vessels authorized by the 

Coast Guard Patrol Commander, no 

person or vessel may enter or remain in 

the regulated area. 

(2) The operator of any vessel in the 

regulated area shall: 

(i) Stop the vessel immediately when 

directed to do so by any Official Patrol 

and then proceed only as directed. 

(ii) All persons and vessels shall 

comply with the instructions of the 

Official Patrol. 

(iii) When authorized to transit the 

regulated area, all vessels shall proceed 

at the minimum speed necessary to 

maintain a safe course that minimizes 

wake near the race course. 

(d) Enforcement period. This section 

will be enforced from 7 a.m. to 7 p.m. 

on June 9 and 10, 2007. 

Dated: March 29, 2007. 

Larry L. Hereth, 

Rear Admiral, U.S. Coast Guard, Commander, 

Fifth Coast Guard District. 

[FR Doc. E7–6939 Filed 4–11–07; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2006–0787–200621(b); 

FRL–8297–3] 

Approval and Promulgation of 

Implementation Plans; Tennessee: 

Approval of Revisions to the Knox 

County Portion of the Tennessee State 

Implementation Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

revisions to the State Implementation 

Plan (SIP) submitted by the State of 

Tennessee, through Tennessee 

Department of Environment and 

Conservation (TDEC), on August 18, 

1999 and July 16, 2001. The revisions 

pertain to the Knox County portion of 

the Tennessee SIP and include changes 

to the Knox County Air Quality 

Regulations Section 51.0—Standards for 

Cement Kilns. These standards set 

nitrogen oxides (NOX) emissions 

control, compliance demonstration, 

certification, record keeping, and 

reporting requirements for Portland 

cement kilns in the County. The 

revisions were initially reviewed by 

TDEC, which found them to be as 


rmajette on PROD1PC67 with PROPOSALS
Federal Register / Vol. 72, No. 70 / Thursday, April 12, 2007 / Proposed Rules 18427 

stringent as the State’s requirements. 

After review of this submittal, EPA 

concurs with TDEC’s finding. The 

proposed changes are part of the Knox 

County strategy to meet the national 

ambient air quality standards by 

reducing the emissions of NOX, a 

precursor of ozone formation. Because 

of the harmful health effects of ozone, 

EPA limits the amount of volatile 

organic compounds and NOX that can 

be released into the atmosphere. This 

action is being taken pursuant to section 

110 of the Clean Air Act. In the Final 

Rules Section of this Federal Register, 

the EPA is approving the State’s SIP 

revisions as a direct final rule without 

prior proposal because the Agency 

views this as a noncontroversial 

submittal and anticipates no adverse 

comments. A detailed rationale for the 

approval is set forth in the direct final 

rule. If no significant, material, and 

adverse comments are received in 

response to this rule, no further activity 

is contemplated. If EPA receives adverse 

comments, the direct final rule will be 

withdrawn and all public comments 

received will be addressed in a 

subsequent final rule based on this rule. 

EPA will not institute a second 

comment period on this document. Any 

parties interested in commenting on this 

document should do so at this time. 

DATES: Written comments must be 

received on or before May 14, 2007. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04–

OAR–2006–0787 by one of the following 

methods: 

1. www.regulations.gov: Follow the 

online instructions for submitting 

comments. 

2. E-mail: louis.egide@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: ‘‘EPA–R04–OAR–2006–

0787,’’ Regulatory Development 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. 

5. Hand Delivery or Courier: Dr. Egide 

Louis, Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, 12th 

floor, U.S. Environmental Protection 

Agency, Region 4, 61 Forsyth Street, 

SW., Atlanta, Georgia 30303–8960. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Please see the direct final rule which 

is located in the Rules section of this 

Federal Register for detailed 

instructions on how to submit 

comments. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Egide Louis, Regulatory Development 

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) 562–9240. 

Dr. Louis can also be reached via 

electronic mail at louis.egide@epa.gov. 

SUPPLEMENTARY INFORMATION: For 

additional information see the direct 

final rule which is published in the 

Rules Section of this Federal Register. 

Dated: March 29, 2007. 

J.I. Palmer, 

Regional Administrator, Region 4. 

[FR Doc. E7–6718 Filed 4–11–07; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2006–0779; FRL–8296–4] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Wisconsin; Prevention of Significant 

Deterioration 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to revise the 

Code of Federal Regulations (CFR) for 

the purpose of giving the Wisconsin 

Department of Natural Resources 

(WDNR) full regulatory responsibility 

for EPA-issued Prevention of Significant 

Deterioration (PSD) permits. WDNR has 

the necessary state legislative authority 

to take responsibility for the permits, 

and has demonstrated that it has 

adequate resources to maintain 

oversight of these permits. 

DATES: Comments must be received on 

or before May 14, 2007. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05–

OAR–2006–0779, by one of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• E-mail: blakley.pamela@epa.gov. 

• Fax: (312) 886–5824. 

• Mail: Pamela Blakley, Chief, Air 

Permits Section, Air Programs Branch 

(AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

• Hand Delivery: Pamela Blakley, 

Chief, Air Permits Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

Such deliveries are only accepted 

during the Regional Office normal hours 

of operation, and special arrangements 

should be made for deliveries of boxed 

information. The Regional Office official 

hours of business are Monday through 

Friday, 8:30 a.m. to 4:30 p.m. excluding 

Federal holidays. 

Please see the direct final rule which 

is located in the Rules section of this 

Federal Register for detailed 

instructions on how to submit 

comments. 

FOR FURTHER INFORMATION CONTACT: 

Danny Marcus, Environmental Engineer, 

Air Permits Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 353–8781, 

marcus.danny@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

final rules section of this Federal 

Register, EPA is approving the state’s 

submittal as a direct final rule without 

prior proposal because the Agency 

views this as a non-controversial 

submittal and anticipates no adverse 

comments. A detailed rationale for the 

approval is set forth in the direct final 

rule. If no adverse comments are 

received in response to this rule, no 

further activity is contemplated. If EPA 

receives adverse comments, the direct 

final rule will be withdrawn and all 

public comments received will be 

addressed in a subsequent final rule 

based on this proposed rule. EPA will 

not institute a second comment period. 

Any parties interested in commenting 

on this action should do so at this time. 

Please note that if EPA receives adverse 

comment on an amendment, paragraph, 

or section of this rule and if that 

provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. For additional information, 

see the direct final rule which is located 

in the Rules section of this Federal 

Register. 

Dated: March 27, 2007. 

Mary A. Gade, 

Regional Administrator, Region 5. 

[FR Doc. E7–6728 Filed 4–11–07; 8:45 am] 

BILLING CODE 6560–50–P 


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