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

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 theNational 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]

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