28866 Federal Register / Vol. 72, No. 99 / Wednesday, May 23, 2007 / Rules and Regulations 

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 

would not create an environmental risk 

to health or risk to safety that might 

disproportionately affect children. 

Indian Tribal Government 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does 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 5100.0, 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 a 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 is established in 

response to an emergency situation and 

will be in effect for less than one week 

in duration. 

Under figure 2–1, paragraph (34)(g), of 

the Instruction, an ‘‘Environmental 

Analysis Check List’’ and a ‘‘Categorical 

Exclusion Determination’’ are not 

required for this rule. 

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, 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.T01–049 to 

read as follows: 

§ 165.T01–049 Security Zone: 2007 Coast 

Guard Academy Commencement, New 

London, CT. 

(a) Location. The following area is a 

security zone: All navigable waters of 

the Thames River in a 500-yard radius 

from Jacobs Rock, approximate position 

41°22′′23′ N., 072°05′′39′ W. All 

coordinates are North American Datum 

1983. 

(b) Regulations. (1) Entry into or 

remaining in this zone is prohibited 

unless authorized by the Coast Guard 

Captain of the Port, Long Island Sound. 

(2) Persons desiring to transit the area 

of the security zone may contact the 

Captain of the Port at telephone number 

203–468–4404 or on VHF channel 16 

(156.8 MHz) to seek permission to 

transit the area. If permission is granted, 

all persons and vessels must comply 

with the instructions of the Captain of 

the Port or his or her designated 

representative. 

(c) Enforcement period. This section 

will be enforced from 10 a.m. until 3 

p.m. on Wednesday May 23, 2007. 

Dated: May 14, 2007. 

Peter J. Boynton, 

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

Port, Long Island Sound. 

[FR Doc. E7–9946 Filed 5–22–07; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2006–0577–200624(c); 

FRL–8317–3] 

Approval and Promulgation of 

Implementation Plans; Georgia: 

Removal of Douglas County 

Transportation Control Measure; 

Correcting Amendment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; correcting 

amendment. 

SUMMARY: This action corrects an 

inadvertent omission of the entry 

number for the Alternative Fuel 

Refueling Station/Park and Ride 

Transportation Center, Project DO–AR–

211 in EPA’s direct final rulemaking 

action, published in the Federal 

Register on November 28, 2006, for the 

Georgia State Implementation Plan. 

DATES: This action is effective May 23, 

2007. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR–

2006–0577. All documents in the docket 

are listed on the http:// 

www.regulations.gov Web site. Although 

listed in the index, some information is 

not publicly available, i.e., Confidential 

Business Information 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 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. EPA 

requests that if at all possible, you 

contact the person listed in the FOR


cprice-sewell on PROD1PC71 with RULES
Federal Register / Vol. 72, No. 99 / Wednesday, May 23, 2007 / Rules and Regulations 28867 

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Lynorae Benjamin, Air Quality 

Modeling and Transportation 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) 562–9040. 

Ms. Benjamin can also be reached via 

electronic mail at 

Benjamin.Lynorae@epa.gov. 

SUPPLEMENTARY INFORMATION: This 

action corrects an inadvertent omission 

of the entry number for the Alternative 

Fuel Refueling Station/Park and Ride 

Transportation Center, Project DO–AR–

211, in EPA’s direct final rulemaking 

action, published in the Federal 

Register on November 28, 2006 (71 FR 

68740), for the Georgia State 

Implementation Plan. Through that 

November 28 action, we included an 

entry for the table in § 52.570(e), 

entitled ‘‘EPA Approved Georgia 

Nonregulatory Provisions,’’ as 

‘‘Alternative Fuel Refueling Station/ 

Park and Ride Transportation Center, 

Project DO–AR–211 is removed.’’

However, we did not include an entry 

number. All previous entries for the 

table in § 52.570(e) included entry 

numbers. Today, EPA is correcting this 

inadvertent error by inserting the entry 

number ‘‘24’’ for the Alternative Fuel 

Refueling Station/Park and Ride 

Transportation Center, Project DO–AR–

211. 

EPA has determined that today’s 

action falls under the ‘‘good cause’’

exemption in section 553(b)(3)(B) of the 

Administrative Procedure Act (APA) 

which, upon finding ‘‘good cause,’’

authorizes agencies to dispense with 

public participation where public notice 

and comment procedures are 

impracticable, unnecessary, or contrary 

to the public interest. Public notice and 

comment for this action are unnecessary 

because today’s action to identify, in the 

Code of Federal Regulations, the entry 

number for the Alternative Fuel 

Refueling Station/Park and Ride 

Transportation Center, Project DO–AR–

211, has no substantive impact on EPA’s 

November 28, 2006, approval. The 

omission of entry number for the 

Alternative Fuel Refueling Station/Park 

and Ride Transportation Center, Project 

DO–AR–211, in EPA’s direct final rule 

published on November 28, 2006, makes 

no substantive difference to EPA’s 

analysis as set out in that rule. In 

addition, EPA can identify no particular 

reason why the public would be 

interested in being notified of the 

correction of this omission, or in having 

the opportunity to comment on the 

correction prior to this action being 

finalized, since this correction action 

does not change EPA’s analysis for the 

removal of the Alternative Fuel 

Refueling Station/Park and Ride 

Transportation Center, Project DO–AR–

211, from the Georgia State 

Implementation Plan. See, 71 FR 68740. 

EPA also finds that there is good 

cause under APA section 553(d)(3) for 

this correction to become effective on 

the date of publication of this action. 

Section 553(d)(3) of the APA allows an 

effective date less than 30 days after 

publication ‘‘as otherwise provided by 

the agency for good cause found and 

published with the rule.’’ 5 U.S.C. 

553(d)(3). The purpose of the 30-day 

waiting period prescribed in APA 

section 553(d)(3) is to give affected 

parties a reasonable time to adjust their 

behavior and prepare before the final 

rule takes effect. Today’s rule, however, 

does not create any new regulatory 

requirements such that affected parties 

would need time to prepare before the 

rule takes effect. Rather, today’s rule 

merely corrects an inadvertent error of 

omission for the entry number related to 

the Alternative Fuel Refueling Station/ 

Park and Ride Transportation Center, 

Project DO–AR–211, for the table in 

§ 52.570(e), entitled ‘‘EPA Approved 

Georgia Nonregulatory Provisions.’’ For 

these reasons, EPA finds good cause 

under APA section 553(d)(3) for this 

correction to become effective on the 

date of publication of this action. 

Statutory and Executive Order Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. For 

this reason, this action is also not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). This action merely corrects an 

inadvertent error of omission for the 

entry number related to the Alternative 

Fuel Refueling Station/Park and Ride 

Transportation Center, Project DO-AR–

211, for the table in § 52.570(e), entitled 

‘‘EPA Approved Georgia Nonregulatory 

Provisions,’’ and it imposes no 

additional requirements beyond those 

imposed by state law. Accordingly, the 

Administrator certifies that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities under the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.). Because this 

rule merely corrects an inadvertent error 

of omission for the entry number related 

to the Alternative Fuel Refueling 

Station/Park and Ride Transportation 

Center, Project DO–AR–211, for the 

table in § 52.570(e), entitled ‘‘EPA 

Approved Georgia Nonregulatory 

Provisions,’’ and does not impose any 

additional enforceable duty beyond that 

required by state law, it does not 

contain any unfunded mandate or 

significantly or uniquely affect small 

governments, as described in the 

Unfunded Mandates Reform Act of 1995 

(Pub. L. 104–4). 

This rule also does not have tribal 

implications 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, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). This 

rule 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 rule merely 

corrects an inadvertent error of omission 

for the entry number related to the 

Alternative Fuel Refueling Station/Park 

and Ride Transportation Center, Project 

DO–AR–211, for the table in § 52.570(e), 

entitled ‘‘EPA Approved Georgia 

Nonregulatory Provisions,’’ and does 

not alter the relationship or the 

distribution of power and 

responsibilities established in the Clean 

Air Act (CAA). 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 addition, this rule does 

not involve technical standards, 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 also 

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 


cprice-sewell on PROD1PC71 with RULES
28868 Federal Register / Vol. 72, No. 99 / Wednesday, May 23, 2007 / Rules and Regulations 

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 July 23, 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 CAA 

section 307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: May 14, 2007. 

Russell L. Wright, Jr., 

Acting Regional Administrator, Region 4. 

■ 40 CFR part 52 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 L—Georgia 

■ 2. Section 52.570(e) is amended by 

revising an entry at the end of the table 

for ‘‘Douglas County, GA’’ to read as 

follows: 

§ 52.570 Identification of plan. 

* * * * * 

(e) * * * 

EPA APPROVED GEORGIA NONREGULATORY PROVISIONS

Name of nonregulatory SIP provision Applicable geographic or 

nonattainment area 

State submittal 

date/effective 

date 

EPA approval date 

24. Alternative Fuel Refueling Station/Park and Ride Transportation 

Center, Project DO–AR–211 is removed.

Douglas County, GA ................... 09/19/06 5/23/07, [Insert citation of publication]. 

[FR Doc. E7–9909 Filed 5–22–07; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2007–0158; FRL–8129–4] 

Aspergillus flavus AF36 on Pistachio; 

Temporary Exemption From the 

Requirement of a Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes a 

temporary exemption from the 

requirement of a tolerance for residues 

of Aspergillus flavus AF36 on pistachio 

when applied/used to reduce aflatoxinproducing Aspergillus flavus. 

Interregional Research Project Number 4 

(IR-4), Rutgers University, 500 College 

Road East, Suite 201W, Princeton, NJ 

08540 on behalf of the Arizona Cotton 

Research and Protection Council], 3721 

East Wier Avenue Phoenix, Arizona 

85040-2933 submitted a petition to EPA 

under the Federal Food, Drug, and 

Cosmetic Act (FFDCA), as amended by 

the Food Quality Protection Act of 1996 

(FQPA), requesting the temporary 

tolerance exemption. This regulation 

eliminates the need to establish a 

maximum permissible level for residues 

of Aspergillus flavus AF36. The 

temporary tolerance exemption expires 

on May 14, 2010. 

DATES: This regulation is effective May 

23, 2007. Objections and requests for 

hearings must be received on or before 

June 22, 2007, and must be filed in 

accordance with the instructions 

provided in 40 CFR part 178 (see also 

Unit I.C. of the SUPPLEMENTARY

INFORMATION). 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ–

OPP–2007–0158. To access the 

electronic docket, go to http:// 

www.regulations.gov, select ‘‘Advanced 

Search,’’ then ‘‘Docket Search.’’ Insert 

the docket ID number where indicated 

and select the ‘‘Submit’’ button. Follow 

the instructions on the regulations.gov 

web site to view the docket index or 

access available documents. All 

documents in the docket are listed in 

the docket index available in 

regulations.gov. 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 in the electronic docket at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S-4400, 

One Potomac Yard (South Bldg), 2777 S. 

Crystal Dr., Arlington, VA. The Docket 

Facility is open from 8:30 a.m. to 4 p.m., 

Monday through Friday, excluding legal 

holidays. The Docket Facility telephone 

number is (703) 305-5805. 

FOR FURTHER INFORMATION CONTACT: 

Shanaz Bacchus, Biopesticides and 

Pollution Prevention Division (7511P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460-0001; telephone number: 

(703) 308-8097; e-mail address: 

bacchus.shanaz@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 


cprice-sewell on PROD1PC71 with RULES