51266 Federal Register / Vol. 70, No. 167 / Tuesday, August 30, 2005 / Rules and Regulations 

excluded, under figure 2–1, paragraph 

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

environmental documentation. This 

event establishes a safety zone; 

therefore, paragraph (34)(g) of the 

Instruction applies. 

A preliminary ‘‘Environmental 

Analysis Check List’’ is available in the 

docket where indicated under 

ADDRESSES. Comments on this section 

will be considered before we make the 

final decision on whether the rule 

should be categorically excluded from 

further environmental review. 

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(g), 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. A new temporary § 165.T09–108 is 

added to read as follows: 

§ 165.T09–108 Safety Zone; NY. 

(a) Location. The following area is a 

temporary safety zone: all waters of the 

Niagara River within an 800 foot radius 

of the fireworks barge moored/anchored 

in approximate position 43°09′27′′ N, 

076°20′25′′ W (NAD 83). 

(b) Effective time and date. This 

section is effective from 10 p.m. (local) 

until 10:30 p.m. (local) on September 

17, 2005. 

(c) Regulations. In accordance with 

the general regulations in § 165.23 of 

this part, entry into this safety zone is 

prohibited unless authorized by the 

Coast Guard Captain of the Port Buffalo, 

or his designated on-scene 

representative. 

Dated: August 4, 2005. 

S.J. Ferguson, 

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

Port Buffalo. 

[FR Doc. 05–17159 Filed 8–29–05; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[MN–86–2; FRL–7962–6] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Minnesota; Revised Format of 40 CFR 

Part 52 for Materials Being 

Incorporated by Reference; Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; correcting 

amendment. 

SUMMARY: This document corrects an 

error in the amendatory instruction in a 

final rule pertaining to the Revised 

Format of 40 CFR part 52 for Materials 

Being Incorporated by Reference for 

Minnesota. 

DATES: This final rule is effective on 

August 30, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Christos Panos, Environmental 

Engineer, Criteria Pollutant Section, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 

Region 5, Chicago, Illinois 60604, (312) 

353–8328, or by e-mail at 

panos.christos@epa.gov. 

SUPPLEMENTARY INFORMATION: EPA 

published a document on February 24, 

2005 (70 FR 8930) redesignating 

§ 52.1220 as § 52.1222, when § 52.1222 

already existed. The intent of the rule 

was to remove the then existing 

§ 52.1222 titled ‘‘EPA-approved 

Minnesota State regulations’’ and then 

redesignate § 52.1220 as § 52.1222. This 

document corrects the erroneous 

amendatory language. 

Correction 

In the final rule published in the 

Federal Register on February 24, 2005 

(70 FR 8930), on page 8932 the 

amendatory instruction is corrected. 

Section 553 of the Administrative 

Procedure Act, 5 U.S.C. 553(b)(B), 

provides that, when an agency for good 

cause finds that notice and public 

procedure are impracticable, 

unnecessary or contrary to the public 

interest, the agency may issue a rule 

without providing notice and an 

opportunity for public comment. We 

have determined that there is good 

cause for making today’s rule final 

without prior proposal and opportunity 

for comment because we are merely 

correcting an incorrect citation in a 

previous action. Thus, notice and public 

procedure are unnecessary. We find that 

this constitutes good cause under 5 

U.S.C. 553(b)(B). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: August 8, 2005. 

Norman Niedergang, 

Acting Regional Administrator, Region 5. 

■ Part 52 of chapter I, title 40, Code of 

Federal Regulations, is amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority for citation for part 52 

continues to read as follows: 

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

Subpart Y—Minnesota 

§ 52.1222 [Removed] 

■ 2. Section 52.1222 titled ‘‘EPAapproved Minnesota State regulations’’

is removed. 

§ 52.1220 [Redesignated as § 52.1222] 

■ 3. Section 52.1220 is redesignated as 

§ 52.1222 and the section heading and 

paragraph (a) are revised to read as 

follows: 

§ 52.1222 Original Identification of plan 

section. 

(a) This section identifies the original 

‘‘Air Implementation Plan for the State 

of Minnesota’’ and all revisions 

submitted by Minnesota that were 

federally approved prior to December 1, 

2004. 

* * * * * 

[FR Doc. 05–17203 Filed 8–29–05; 8:45 am] 

BILLING CODE 6560–50–U 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 60 and 75 

[OAR–2002–0056; FRL–7960–1] 

RIN 2060–AJ65 

Standards of Performance for New and 

Existing Stationary Sources: Electric 

Utility Steam Generating Units 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; corrections. 

SUMMARY: This action corrects and 

clarifies certain text of the final rule 

entitled ‘‘Standards of Performance for 

New and Existing Stationary Sources: 

Electric Utility Steam Generating 

Federal Register / Vol. 70, No. 167 / Tuesday, August 30, 2005 / Rules and Regulations 51267 

Units.’’ The final rule was published in 

the Federal Register on May 18, 2005 

(70 FR 28606). 

This action corrects certain section 

designations set forth in the final rule at 

70 FR 28652. In addition, this action 

corrects certain revisions set forth in the 

final rule at 70 FR 28678. These 

corrections do not affect the substance 

of the action, nor do they change the 

rights or obligations of any party. 

Rather, this action merely corrects 

certain section designations to eliminate 

duplication with other rules. Thus, it is 

proper to issue these final rule 

corrections without notice and 

comment. Section 553 of the 

Administrative Procedure Act (APA), 5 

U.S.C. 553(b)(B), provides that, when an 

agency for good cause finds that notice 

and public procedure are impracticable, 

unnecessary, or contrary to the public 

interest, the agency may issue a rule 

without providing notice and an 

opportunity for public comment. We 

have determined that there is good 

cause for making this action final 

without prior proposal and opportunity 

for comment because the changes to the 

rule are minor technical corrections, are 

noncontroversial, and do not 

substantively change the agency actions 

taken in the final rule. Thus, notice and 

public procedure are unnecessary. We 

find that this constitutes good cause 

under 5 U.S.C. 553(b)(B). 

EFFECTIVE DATE: May 18, 2005. 

FOR FURTHER INFORMATION CONTACT: Mr. 

William Maxwell, Combustion Group, 

Emission Standards Division (C439–01), 

EPA, Research Triangle Park, North 

Carolina, 27711; telephone number 

(919) 541–5430; fax number (919) 541–

5450; electronic mail address: 

maxwell.bill@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. What Is the Background for the 

Corrections? 

On May 18, 2005 (70 FR 28606), EPA 

issued a final rule in which EPA 

promulgated new source performance 

standards for new coal-fired electric 

utility steam generating units and 

emission guidelines for existing coalfired electric utility steam generating 

units designed to limit mercury (Hg) 

emissions from such sources. EPA 

subsequently determined that certain 

sections of the final rule were not 

properly designated, i.e., the numbering 

was not correct, and that certain rule 

text was not properly identified as 

introductory text. This action corrects 

those technical errors. 

II. What Are the Corrections to Final 

Rule (70 FR 28652, 27678)? 

This notice corrects the following 

errors. In inserting a section to 40 CFR 

part 60, subpart Da (e.g., 40 CFR 60.45a), 

to incorporate emission limitations for 

Hg, subsequent sections were 

renumbered. In so doing, we 

inadvertently assigned section numbers 

to 40 CFR part 60, subpart Da, that were 

already in use in 40 CFR part 60, 

subpart Ea. To correct this error, it is 

necessary to renumber all of the sections 

in 40 CFR part 60, subpart Da, and to 

correct the associated internal 

references in the same manner. Further, 

in revising 40 CFR 75.6, we 

inadvertently indicated that we were 

revising entire paragraphs, rather than 

just the introductory text. 

III. Statutory and Executive Order 

Reviews 

Under Executive Order 12866, 

Regulatory Planning and Review (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

is, therefore, not subject to review by the 

Office of Management and Budget 

(OMB). This action is not a ‘‘major rule’’

as defined by 5 U.S.C. 804(2). The 

technical corrections do not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501 et seq.). 

Because EPA has made a ‘‘good cause’’

finding that this action is not subject to 

notice and comment requirements 

under the APA or any other statute, it 

is not subject to the regulatory flexibility 

provisions of the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.), or to sections 

202 and 205 of the Unfunded Mandates 

Reform Act of 1995 (UMRA) (Pub. L. 

104B4). In addition, this action does not 

significantly or uniquely affect small 

governments or impose a significant 

intergovernmental mandate, as 

described in sections 203 and 204 of the 

UMRA. 

The corrections do not have 

substantial direct effects on the States, 

or 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, Federalism (64 

FR 43255, August 10, 1999). 

Today’s action also does not 

significantly or uniquely affect the 

communities of Tribal governments, as 

specified in Executive Order 13175, 

Consultation and Coordination with 

Indian Tribal Governments (65 FR 

67249, November 9, 2000). The 

technical corrections also are not subject 

to Executive Order 13045, Protection of 

Children from Environmental Health 

and Safety Risks (62 FR 19885, April 23, 

1997) because this action is not 

economically significant. 

The corrections are not subject to 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use (66 FR 28355, May 

22, 2001) because this action is not a 

significant regulatory action under 

Executive Order 12866. 

The corrections do not involve 

changes to the technical standards 

related to test methods or monitoring 

methods; thus, the requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272) do not 

apply. 

The corrections also do not involve 

special consideration of environmental 

justice-related issues as required by 

Executive Order 12898, Federal Actions 

to Address Environmental Justice in 

Minority Populations and Low-Income 

Populations (59 FR 7629, February 16, 

1994). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (SBREFA), 

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 

U.S. EPA will submit a report 

containing today’s final action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the U.S. 

prior to publication of today’s action in 

the Federal Register. Today’s action is 

not a ‘‘major rule’’ as defined by 5 

U.S.C. 804(2). The final rule will be 

effective on May 18, 2005. 

EPA’s compliance with the above 

statutes and EO for the underlying rule 

is discussed in the May 18, 2005 

Federal Register notice containing 

‘‘Standards of Performance for New and 

Existing Stationary Sources: Electric 

Utility Steam Generating Units’’ (70 FR 

28606). 

List of Subjects 

40 CFR Part 60 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Coal, Electric 

power plants, Incorporation by 

reference, Intergovernmental relations, 

Metals, Natural gas, Nitrogen dioxide, 

Particulate matter, Reporting and 

recordkeeping requirements, Sulfur 

oxides. 

51268 Federal Register / Vol. 70, No. 167 / Tuesday, August 30, 2005 / Rules and Regulations 

40 CFR Part 75 

Acid rain, Air pollution control, 

Carbon dioxide, Electric utilities, 

Incorporation by reference, Nitrogen 

oxides, Reporting and recordkeeping 

requirements, Sulfur oxides. 

Dated: August 19, 2005. 

Jeffrey R. Holmstead, 

Assistant Administrator, Office of Air and 

Radiation. 

■ For the reasons stated in the preamble, 

title 40, chapter I of the Code of the 

Federal Regulations is amended as 

follows: 

PART 60—[AMENDED] 

■ 1. The authority citation for part 60 

continues to read as follows: 

Authority: 42 U.S.C. 7401, 7403, 7426, and 

7601. 

Subpart Da—[AMENDED] 

■ 2. Subpart Da is amended as follows: 

■ a. Redesignating § 60.40a as § 60.40Da; 

■ b. Redesignating § 60.41a as 

§ 60.41Da; 

■ c. Redesignating § 60.42a as § 60.42Da; 

■ d. Redesignating § 60.43a as 

§ 60.43Da; 

■ e. Redesignating § 60.44a as § 60.44Da; 

■ f. Redesignating § 60.45a as § 60.45Da; 

■ g. Redesignating § 60.46a as § 60.46Da; 

■ h. Redesignating § 60.47a as 

§ 60.47Da; 

■ i. Redesignating § 60.48a as § 60.48Da; 

■ j. Redesignating § 60.49a as § 60.49Da; 

■ k. Redesignating § 60.50a as 

§ 60.50Da; 

■ l. Redesignating § 60.51a as § 60.51Da; 

and 

■ m. Redesignating § 60.52a as 

§ 60.52Da. 

§ 60.43Da [Amended] 

■ 3. Newly redesignated § 60.43Da is 

amended by revising the existing 

reference in paragraph (f) from 

‘‘§ 60.45a’’ to ‘‘§ 60.47Da’’. 

§ 60.44Da [Amended] 

■ 4. Newly redesignated § 60.44Da is 

amended as follows: 

■ a. Revising the existing reference in 

paragraph (a) from ‘‘§ 60.46a(j)(1)’’ to 

‘‘§ 60.48Da(j)(1)’’; 

■ b. Revising the existing reference in 

paragraph (b) from ‘‘§ 60.45a’’ to 

‘‘§ 60.47Da’’; and 

■ c. Revising the existing reference in 

paragraph (d)(1) from ‘‘§ 60.46a(k)(1)’’ to 

‘‘§ 60.48Da(k)(1)’’. 

§ 60.45Da [Amended] 

■ 5. Newly redesignated § 60.45Da is 

amended by: 

■ a. Revising the existing reference in 

paragraph (a) from ‘‘§ 60.50a(h)’’ to 

‘‘§ 60.50Da(h)’’; and 

■ b. Revising the existing reference in 

paragraph (b) from ‘‘§60.50a(g)’’ to 

‘‘§60.50Da(g)’’. 

§ 60.47Da [Amended] 

■ 6. Newly redesignated § 60.47Da is 

amended as follows: 

■ a. Revising the existing reference in 

paragraph (b) from ‘‘§ 60.43a(c)’’ to 

‘‘§ 60.43Da(c)’’; 

■ b. Revising the existing reference in 

paragraph (c) from ‘‘§ 60.43a(a)’’ to 

‘‘§ 60.43Da(a)’’; and 

■ c. Revising the existing reference in 

paragraph (d) from ‘‘§ 60.44a(a)’’ to 

‘‘§ 60.44Da(a)’’. 

§ 60.48Da [Amended] 

■ 7. Newly redesignated § 60.48Da is 

amended as follows: 

■ a. Revising the existing references in 

paragraph (a) from ‘‘§ 60.42a(a)(1)’’ to 

‘‘§ 60.42Da(a)(1)’’ and from 

‘‘§ 60.42a(a)(2) and (3)’’ to 

‘‘§ 60.42Da(a)(2) and (3)’’; 

■ b. Revising the existing references in 

paragraph (b) from ‘‘§ 60.44a(a)’’ to 

‘‘§ 60.44Da(a)’’ and from ‘‘§ 60.44a(a)(2)’’

to ‘‘§ 60.44Da(a)(2)’’; 

■ c. Revising the existing references in 

paragraph (c) from ‘‘§ 60.42a’’ to 

‘‘§ 60.42Da’’, from ‘‘§ 60.44a’’ to 

‘‘§ 60.44Da’’, and from ‘‘§ 60.45a’’ to 

‘‘§ 60.45Da’’; 

■ d. Revising the existing reference in 

paragraph (d)(3) from ‘‘§ 60.43a’’ to 

‘‘§ 60.43Da’’; 

■ e. Revising the existing references in 

paragraph (e) from ‘‘§ 60.43a’’ to 

‘‘§ 60.43Da’’ and from ‘‘§ 60.44a’’ to 

‘‘§ 60.44Da’’; 

■ f. Revising the existing references in 

paragraph (f) from ‘‘§ 60.43a’’ to 

‘‘§ 60.43Da’’ and from ‘‘§ 60.44a’’ to 

‘‘§ 60.44Da’’; 

■ g. Revising the existing references in 

paragraph (h) from ‘‘§ 60.49a’’ to 

‘‘§ 60.49Da’’, from ‘‘§ 60.43a’’ to 

‘‘§ 60.43Da’’, and from ‘‘60.44a’’ to 

‘‘§ 60.44Da’’; 

■ h. Revising the existing references in 

paragraph (i) from ‘‘§ 60.44a(d)(1)’’ to 

‘‘§ 60.44Da(d)(1)’’, from ‘‘§ 60.49a(c)’’ to 

‘‘§ 60.49Da(c)’’, from ‘‘§ 60.49a(l)’’ to 

‘‘§ 60.49Da(l)’’, and from ‘‘§ 60.49a(k)’’

to ‘‘§ 60.49Da(k)’’; 

■ i. Revising the existing reference in 

paragraph (j) introductory text from 

‘‘§ 60.44a(a)(1)’’ to ‘‘§ 60.44Da(a)(1)’’; 

■ j. Revising the existing reference in 

paragraph (j)(1) from ‘‘§ 60.44a(a)(1)’’ to 

‘‘§ 60.44Da(a)(1)’’; 

■ k. Revising the existing references in 

paragraph (j)(2) from ‘‘§ 60.49a’’ to 

‘‘§ 60.49Da’’; 

■ l. Revising the existing references in 

paragraph (k) introductory text from 

‘‘§ 60.44a(d)(1)’’ to ‘‘§ 60.44Da(d)(1)’’; 

■ m. Revising the existing reference in 

paragraph (k)(1) from ‘‘§ 60.44a(d)(1)’’ to 

‘‘§ 60.44Da(d)(1)’’; 

■ n. Revising the existing reference in 

paragraph (k)(1)(iv) from 

‘‘§ 60.44a(d)(1)’’ to ‘‘§ 60.44Da(d)(1)’’; 

■ o. Revising the existing reference in 

paragraph (k)(2) introductory text from 

‘‘§ 60.44a(d)(1)’’ to ‘‘§ 60.44Da(d)(1)’’; 

■ p. Revising the existing references in 

paragraph (k)(2)(ii) from ‘‘§ 60.49a’’ to 

‘‘§ 60.49Da’’ and from ‘‘§ 60.49a(l)’’ to 

‘‘§ 60.49Da(l)’’; 

■ q. Revising the existing reference in 

paragraph (k)(2)(iii) from ‘‘§ 60.49a(k)’’

to ‘‘§ 60.49Da(k)’’; 

■ r. Revising the existing reference in 

paragraph (k)(2)(iv) from ‘‘§ 60.49a(l)’’ to 

‘‘§ 60.49Da(l)’’; and 

■ s. Revising the existing references in 

paragraph (l) from ‘‘§ 60.45a’’ to 

‘‘§ 60.45Da’’, from ‘‘§ 60.49a(p)’’ to 

‘‘§ 60.49Da(p)’’, from ‘‘§ 60.49a(l) or 

(m)’’ to ‘‘§ 60.49Da(l) or (m)’’, and from 

‘‘§ 60.49a(k)’’ to ‘‘§ 60.49Da(k)’’. 

§ 60.49Da [Amended] 

■ 8. Newly redesignated § 60.49Da is 

amended as follows: 

■ a. Revising the existing reference in 

paragraph (b)(2) from ‘‘§ 60.43a(d)’’ to 

‘‘§ 60.43Da(d)’’; 

■ b. Revising the existing references in 

paragraph (c)(2) from ‘‘§ 60.51a’’ to 

‘‘§ 60.51Da’’; 

■ c. Revising the existing reference in 

paragraph (g) from ‘‘§ 60.48a’’ to 

‘‘§ 60.48Da’’; 

■ d. Revising the existing reference in 

paragraph (k) from ‘‘§ 60.44a(d)(1)’’ to 

‘‘§ 60.44Da(d)(1)’’; 

■ e. Revising the existing reference in 

paragraph (l) from ‘‘§ 60.44a(d)(1)’’ to 

‘‘§ 60.44Da(d)(1)’’; 

■ f. Revising the existing references in 

paragraph (o) from ‘‘§ 60.41a’’ to 

‘‘§ 60.41Da’’ and from ‘‘§ 60.44a(a)(1) or 

(d)(1)’’ to ‘‘§ 60.44Da(a)(1) or (d)(1)’’; 

■ g. Revising the existing reference in 

paragraph (p) from ‘‘§ 60.45a’’ to 

‘‘§ 60.45Da’’; 

■ h. Revising the existing reference in 

paragraph (p)(4)(iii) from 

‘‘§ 60.49a(p)(4)(i)’’ to 

‘‘§ 60.49Da(p)(4)(i)’’; and 

■ i. Revising the existing reference in 

paragraph (p)(4)(iv) from 

‘‘§ 60.49a(p)(4)(i)’’ to 

‘‘§ 60.49Da(p)(4)(i)’’. 

§ 60.50Da [Amended] 

■ 9. Newly redesignated § 60.50Da is 

amended as follows: 

■ a. Revising the existing reference in 

paragraph (b) introductory text from 

‘‘§ 60.42a’’ to ‘‘§ 60.42Da’’; 

■ b. Revising the existing reference in 

paragraph (c) introductory text from 

‘‘§ 60.43a’’ to ‘‘§ 60.43Da’’; 

Federal Register / Vol. 70, No. 167 / Tuesday, August 30, 2005 / Rules and Regulations 51269 

■ c. Revising the existing reference in 

paragraph (c)(5) from ‘‘§ 60.49a(b) and 

(d)’’ to ‘‘§ 60.49Da(b) and (d)’’; 

■ d. Revising the existing reference in 

paragraph (d) introductory text from 

‘‘§ 60.44a’’ to ‘‘§ 60.44Da’’; 

■ e. Revising the existing reference in 

paragraph (d)(2) from ‘‘§ 60.49a(c) and 

(d)’’ to ‘‘§ 60.49Da(c) and (d)’’; 

■ f. Revising the existing reference in 

paragraph (e)(2) from ‘‘§ 60.48a(d)(1)’’ to 

‘‘§ 60.48Da(d)(1)’’; 

■ g. Revising the existing references in 

paragraph (g) introductory text from 

‘‘§ 60.45a’’ to ‘‘§ 60.45Da’’ and from 

‘‘§ 60.46a’’ to ‘‘§ 60.46Da’’; 

■ h. Revising the existing reference in 

paragraph (h) introductory text from 

‘‘§ 60.45a’’ to ‘‘§ 60.45Da’’; and 

■ i. Revising the existing reference in 

paragraph (h)(1) from ‘‘§ 60.49a(p)(4)(i)’’

to ‘‘§ 60.49Da(p)(4)(i)’’. 

§ 60.51Da [Amended] 

■ 10. Newly redesignated § 60.51Da is 

amended as follows: 

■ a. Revising the existing references in 

paragraph (c) introductory text from 

‘‘§ 60.49a’’ to ‘‘§ 60.49Da’’ and from 

‘‘§ 60.48a(h)’’ to ‘‘§ 60.48Da(h)’’; 

■ b. Revising the existing reference in 

paragraph (d) introductory text from 

‘‘§ 60.43a’’ to ‘‘§ 60.43Da’’; 

■ c. Revising the existing reference in 

paragraph (d)(1) from ‘‘§ 60.48a(d)’’ to 

‘‘§ 60.48Da(d)’’; 

■ d. Revising the existing reference in 

paragraph (e) introductory text from 

‘‘§ 60.43a’’ to ‘‘§ 60.43Da’’; 

■ e. Revising the existing reference in 

paragraph (e)(1) from ‘‘§ 60.50a’’ to 

‘‘§ 60.50Da’’; and 

■ f. Revising the existing reference in 

paragraph (i) from ‘‘§ 60.42a(b)’’ to 

‘‘§ 60.42Da(b)’’. 

§ 60.52Da [Amended] 

■ 11. Newly redesignated § 60.52Da is 

amended by revising the existing 

references from ‘‘§ 60.45a’’ to 

‘‘§ 60.45Da’’ and from ‘‘§ 60.46a’’ to 

‘‘§ 60.46Da’’. 

PART 75—[AMENDED] 

■ 12. The authority citation for part 75 

continues to read as follows: 

Authority: 42 U.S.C. 7601, 7651k, and 

7651k. 

■ 13. Section 75.6 is amended by 

revising paragraphs (b) introductory 

text, (c), (d) introductory text, and (e) 

introductory text to read as follows: 

§ 75.6 Incorporation by reference. 

* * * * * 

(b) The following materials are 

available for purchase from the 

American Society of Mechanical 

Engineers (ASME), 22 Law Drive, P.O. 

Box 2900, Fairfield, New Jersey 07007–

2900: 

* * * * * 

(c) The following materials are 

available for purchase from the 

American National Standards Institute 

(ANSI), 25 West 43rd Street, Fourth 

Floor, New York, New York 10036: 

(1) ISO 8316: 1987(E) Measurement of 

Liquid Flow in closed Conduits-Method 

by Collection of the Liquid in a 

Volumetric Tank, for appendices D and 

E of this part. 

(2) [Reserved]. 

* * * * * 

(d) The following materials are 

available for purchase from the 

following address: Gas Processors 

Association (GPA), 6526 East 60th 

Street, Tulsa, Oklahoma 74143: 

* * * * * 

(e) The following American Gas 

Association materials are available for 

purchase from the following address: ILI 

Infodisk, 610 Winters Avenue, Paramus, 

New Jersey 07652: 

* * * * * 

[FR Doc. 05–16927 Filed 8–29–05; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[OAR–2003–0121; AD–FRL–7961–9] 

RIN 2060–AN09 

National Emission Standards for 

Hazardous Air Pollutants: 

Miscellaneous Organic Chemical 

Manufacturing 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Partial withdrawal of direct 

final rule. 

SUMMARY: On July 1, 2005, the EPA 

issued direct final amendments to the 

national emission standards for 

hazardous air pollutants (NESHAP) for 

Miscellaneous Organic Chemical 

Manufacturing, along with a parallel 

proposal to be used as the basis for final 

action in the event EPA received any 

adverse comments on the direct final 

amendments. Because adverse comment 

was received, EPA is withdrawing the 

corresponding parts of the direct final 

rule. We stated in that direct final rule 

that if we received adverse comment by 

August 1, 2005, we would publish a 

timely withdrawal in the Federal 

Register. We will address all comments 

in a subsequent final rule based on the 

parallel proposal published on July 1, 

2005. As stated in the parallel proposal, 

we will not institute a second comment 

period on this action. 

DATES: As of August 30, 2005, EPA 

withdraws the direct final rule 

amendments to 40 CFR 63.2485(c)(4) 

and Table 1 to subpart FFFF of part 63, 

published on July 1, 2005 (70 FR 

38554). The remaining provisions 

published on July 1, 2005, will be 

effective on August 30, 2005. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. OAR–2003–0121. All documents in 

the docket are listed in the index at 

http://www.epa.gov/edocket. Although 

listed in the index, some information is 

not publicly available, i.e., 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 either 

electronically in EDOCKET or in hard 

copy at: Air and Radiation Docket, EPA/ 

DC, EPA West, Room B102, 1301 

Constitution Ave., NW., Washington, 

DC. The Public Reading Room is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the Air 

Docket is (202) 566–1742. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Randy McDonald, Organic Chemicals 

Group, Emission Standards Division 

(Mail Code C504–04), U.S. EPA, 

Research Triangle Park, North Carolina 

27711, telephone number (919) 541–

5402, electronic mail address 

mcdonald.randy@epa.gov. 

SUPPLEMENTARY INFORMATION: On July 1, 

2005, we published a direct final rule 

(70 FR 38554) and a parallel proposal 

(70 FR 38562) amending the NESHAP 

for Miscellaneous Organic Chemical 

Manufacturing (40 CFR part 63, subpart 

FFFF). We amended the NESHAP by: 

Clarifying the compliance requirements 

for flares and the alternative standard, 

extending the vapor balancing 

alternative to cover transfers from barges 

to storage tanks, amending the 

procedures for correcting measured 

concentrations at the outlet of 

combustion devices to correct for 

dilution by supplemental gas, and 

clarifying the signature requirements for 

the notification of compliance status 

report. The direct final rule 

amendments also specified 

requirements for effluent from control 

devices, clarified the definition of the 

term continuous process vent, and