Federal Register / Vol. 76, No. 180 / Friday, September 16, 2011 / Proposed Rules 57701 

and the New York State Department of 

Motor Vehicles (NYSDMV) regulation 

Title 15 NYCRR Part 79 ‘‘Motor Vehicle 

Inspection,’’ Sections 79.1–79.15, 79.17, 

79.20, 79.21, 79.24, 79.25, as effective 

on December 29, 2010, which 

incorporate the State’s motor vehicle I/ 

M program requirements. The CAA 

gives states the discretion in program 

planning to implement programs of the 

state’s choosing as long as necessary 

emission reductions are met. EPA is also 

proposing to approve New York’s 

performance standard modeling 

demonstration, which reflects the 

State’s I/M program as it is currently 

implemented in the NYMA as well as 

throughout New York State. 

VII. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act 

(5 U.S.C. 601 et seq.); 

• 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); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

Tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on Tribal governments or preempt 

Tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: September 6, 2011. 

Judith A. Enck, 

Regional Administrator, Region 2. 

[FR Doc. 2011–23855 Filed 9–15–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–2000–0003; FRL–9465–4] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List 

AGENCY: Environmental Protection 

Agency. 

ACTION: Withdrawal of proposed rule. 

SUMMARY: On July 29, 2011, the 

Environmental Protection Agency (EPA) 

published a Notice of Intent to Delete 

and a Direct Notice of Deletion for the 

Palmer Barge Line (PBL) Superfund Site 

from the National Priorities List. The 

EPA is withdrawing the Notice of Intent 

to Delete because the deletion notices 

were published in the Federal Register 

without Headquarter’s concurrence as 

required under the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

Delegation of Authority. After 

appropriate Headquarters concurrence 

is received on the Notice of Intent to 

Delete the PBL Superfund Site from the 

National Priorities List, the EPA will republish a Notice of Intent to Delete in 

the Federal Register. 

DATES: The proposed rule published on 

July 29, 2011, (76 FR 45484) is 

withdrawn as of September 16, 2011. 

ADDRESSES: 

Information Repositories: 

Comprehensive information on the PBL 

Superfund Site, as well as the comments 

that we received during the comment 

period, are available in Docket EPA– 

HQ–SFUND–2000–0003, accessed 

through the http://www.regulations.gov 

Web site. Although listed in the docket 

index, some information is not publicly 

available (e.g., CBI or other information 

whose disclosure is restricted by 

statute). Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in http:// 

www.regulations.gov or in hard copy at: 

1. U.S. Environmental Protection Agency, 

Region 6, 1445 Ross Avenue, Suite 700, 

Dallas, Texas 75202–2733; Hours of 

operation: Monday thru Friday, 9 a.m. to 12 

p.m. and 1 p.m. to 4 p.m. Contact: Rafael A. 

Casanova (214) 665–7437. 

2. Port Arthur Public Library, 4615 9th 

Avenue, Port Arthur, Texas 77642–5799; 

Hours of operation: Monday thru Thursday, 

9 a.m. to 9 p.m.; Friday, 9 a.m. to 6 p.m.; 

Saturday, 9 a.m. to 5 p.m.; and Sunday, 2 

p.m. to 5 p.m. 

FOR FURTHER INFORMATION CONTACT: 

Rafael A. Casanova, Remedial Project 

Manager; U.S. Environmental Protection 

Agency, Region 6, Superfund Division 

(6SF–RA), 1445 Ross Avenue, Suite 

1200, Dallas, Texas 75202–2733; 

telephone number: (214) 665–7437; 

e-mail: casanova.rafael@epa.gov. 

SUPPLEMENTARY INFORMATION: 

List of Subjects in 40 CFR Part 300 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

waste, Hazardous substances, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, Water supply. 

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 

9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, 

1991 Comp., p. 351; E.O. 12580, 52 FR 2923; 

3 CFR, 1987 Comp., p. 193. 

Dated: September 6, 2011. 

Al Armendariz, 

Regional Administrator, Region 6. 

[FR Doc. 2011–23871 Filed 9–15–11; 8:45 am] 

BILLING CODE 6560–50–P 

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