49878 Federal Register / Vol. 70, No. 164 / Thursday, August 25, 2005 / Rules and Regulations 

understanding the rule so that they 

could better evaluate its effects on them 

and participate in the rulemaking 

process. Small businesses may send 

comments on the actions of Federal 

employees who enforce or otherwise 

determine compliance with Federal 

regulations to the Small Business and 

Agriculture Regulatory Enforcement 

Ombudsman and the Regional Small 

Business Regulatory Fairness Boards. 

The Ombudsman evaluates these 

actions annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1–

800–REG–FAIR (1–800–734–3247). 

Collection of Information 

This rule calls for no new collection 

of information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501–

3520). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this rule under that Order and have 

determined that it does not have 

implications for federalism. 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 or more in any one year. 

Though this rule will not result in such 

an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble.

Taking of Private Property 

This rule will not affect a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Government Actions and 

Interference with Constitutionally 

Protected Property Rights. 

Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

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 Governments 

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, 

which guides 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 32(e) of the 

Instruction, from further environmental 

documentation.

List of Subjects in 33 CFR Part 117 

Bridges.

Regulations

n For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 117 as follows:

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS

n 1. The authority citation for part 117 

continues to read as follows:

Authority: 33 U.S.C. 499; Department of 

Homeland Security Delegation No. 0170.1; 33 

CFR 1.05–1(g); section 117.255 also issued 

under the authority of Pub. L. 102–587, 106 

Stat. 5039.

n 2. From 8 a.m. to 11 a.m. on September 

25, 2005, temporarily add new section 

117.T394, to read as follows:

§ 117.T394 Upper Mississippi River. 

The Rock Island Railroad and 

Highway Drawbridge, Mile 482.9, at 

Rock Island, Illinois, need not open for 

river traffic and may be maintained in 

the closed-to-navigation position.

Dated: August 5, 2005. 

Kevin L. Marshall, 

Captain, U.S. Coast Guard, Commander, 8th 

Coast Guard Dist. Acting.

[FR Doc. 05–16923 Filed 8–24–05; 8:45 am] 

BILLING CODE 4910–15–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[TN–2000506; FRL–7952–2] 

Approval and Promulgation of Air 

Quality Implementation Plans; Knox 

County, Tennessee; Revised Format 

for Materials Being Incorporated by 

Reference

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Final rule; notice of 

administrative change. 

SUMMARY: EPA is revising the format of 

part 52 of title 40 of the Code of Federal 

Regulations (40 CFR part 52) for 

materials submitted by Knox County 

that are incorporated by reference (IBR) 

Federal Register / Vol. 70, No. 164 / Thursday, August 25, 2005 / Rules and Regulations 49879

into the Tennessee State 

Implementation Plan (SIP). The 

regulations affected by this format 

change have all been previously 

submitted by the local agency and 

approved by EPA. 

This format revision will affect the 

‘‘Identification of Plan’’ sections of 40 

CFR part 52, by adding a table for the 

Knox County portion of the Tennessee 

SIP. This revision will also affect the 

format of the SIP materials that will be 

available for public inspection at the 

Office of Federal Register (OFR), the Air 

and Radiation Docket and Information 

Center, and the Regional Office.

DATES: This action is effective August 

25, 2005.

ADDRESSES: SIP materials which are 

incorporated by reference into 40 CFR 

part 52 are available for inspection at 

the following locations: Environmental 

Protection Agency, Region 4, 61 Forsyth 

Street, SW., Atlanta, GA 30303; the 

EPA, Air and Radiation Docket and 

Information Center, Air Docket (Mail 

Code 6102T), 1200 Pennsylvania 

Avenue, NW., Washington, DC 20460, 

and the National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, 

or go to: http://www.archives.gov/

federal_register/

code_of_federal_regulations/

ibr_locations.html.

FOR FURTHER INFORMATION CONTACT: Ms. 

Stacy DiFrank at the above Region 4 

address or at (404) 562–9042.

SUPPLEMENTARY INFORMATION: Each state 

has a SIP containing the control 

measures and strategies used to attain 

and maintain the national ambient air 

quality standards (NAAQS). The SIP is 

extensive, containing such elements as 

air pollution control regulations, 

emission inventories, monitoring 

networks, attainment demonstrations, 

and enforcement mechanisms. 

Each state must formally adopt the 

control measures and strategies in the 

SIP after the public has had an 

opportunity to comment on them and 

then submit the SIP to EPA. Once these 

control measures and strategies are 

approved by EPA, after notice and 

comment, they are incorporated into the 

federally approved SIP and are 

identified in 40 CFR part 52 ‘‘Approval 

and Promulgation of Implementation 

Plans.’’ The full text of the state 

regulation approved by EPA is not 

reproduced in its entirety in 40 CFR part 

52, but is ‘‘incorporated by reference.’’ 

This means that EPA has approved a 

given state regulation with a specific 

effective date. The public is referred to 

the location of the full text version 

should they want to know which 

measures are contained in a given SIP. 

The information provided allows EPA 

and the public to monitor the extent to 

which a state implements a SIP to attain 

and maintain the NAAQS and to take 

enforcement action if necessary. 

The SIP is a living document which 

the state can revise as necessary to 

address the unique air pollution 

problems in the state. Therefore, EPA 

from time to time must take action on 

SIP revisions containing new and/or 

revised regulations as being part of the 

SIP. On May 22, 1997, (62 FR 27968), 

EPA revised the procedures for 

incorporating by reference (IBR), into 

the Code of Federal Regulations, 

materials submitted by states in their 

EPA-approved SIP revisions. These 

changes revised the format for the 

identification of the SIP in 40 CFR part 

52, streamlined the mechanisms for 

announcing EPA approval of revisions 

to a SIP, and streamlined the 

mechanisms for EPA’s updating of the 

IBR information contained for each SIP 

in 40 CFR part 52. Pursuant to these 

revised procedures, EPA is revising the 

format for the identification of the Knox 

County portion of the Tennessee SIP, 

appearing in 40 CFR part 52. EPA has 

previously revised the format for the 

identification of the Tennessee SIP and 

the Memphis Shelby County portion of 

the SIP. 

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, and APA section 

553(d)(3) which allows an agency to 

make an action effective immediately 

(thereby avoiding the 30-day delayed 

effective date otherwise provided for in 

the APA). Today’s administrative action 

simply codifies provisions which are 

already in effect as a matter of law in 

Federal and approved state programs. 

Under section 553 of the APA, an 

agency may find good cause where 

procedures are ‘‘impractical, 

unnecessary, or contrary to the public 

interest.’’ Public comment for this 

administrative action is ‘‘unnecessary’’ 

and ‘‘contrary to the public interest’’ 

since the codification only reflects 

existing law. Immediate notice of this 

action in the Federal Register benefits 

the public by providing the public 

notice of the Knox County portion of the 

Tennessee SIP in Tennessee’s 

‘‘Identification of Plan’’ portion of the 

Federal Register.

Statutory and Executive Order Reviews 

A. General Requirements 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this 

administrative action is not a 

‘‘significant regulatory action’’ and is 

therefore not subject to review by the 

Office of Management and Budget. This 

action is not subject to Executive Order 

13211, ‘‘Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

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

22, 2001) because it is not a significant 

regulatory action under Executive Order 

12866. Because the agency has made a 

‘‘good cause’’ finding that this action is 

not subject to notice-and-comment 

requirements under the APA or any 

other statute as indicated in the 

Supplementary Information section 

above, 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. 104–4). 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 

UMRA. This administrative action also 

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, as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000), nor will 

it 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 administrative 

action also is not subject to Executive 

Order 13045 (62 FR 19885, April 23, 

1997), because it is not economically 

significant. This administrative action 

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) do not apply. This administrative 

action also does not involve special 

consideration of environmental justice 

related issues as required by Executive 

Order 12898 (59 FR 7629, February 16, 

1994). This administrative action does 

not impose an information collection 

burden under the Paperwork Reduction 

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

EPA’s compliance with these Statutes 

and Executive Orders for the underlying 

rules are discussed in previous actions 

49880 Federal Register / Vol. 70, No. 164 / Thursday, August 25, 2005 / Rules and Regulations 

taken on Knox County, Tennessee’s 

rules. 

B. Submission to Congress and the 

Comptroller General 

The Congressional Review Act (CRA) 

(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 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. Section 808 allows 

the issuing agency to make a rule 

effective sooner than otherwise 

provided by the CRA if the agency 

makes a good cause finding that notice 

and public procedure is impracticable, 

unnecessary or contrary to the public 

interest. Today’s administrative action 

simply codifies provisions which are 

already in effect as a matter of law in 

Federal and approved state programs. 5 

U.S.C. 808(2). These announced actions 

were effective when EPA approved 

them through previous rulemaking 

actions. EPA will submit a report 

containing this action 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 this action 

in the Federal Register. This revision to 

Knox County’s portion of Tennessee’s 

SIP in the ‘‘Identification of Plan’’ 

section of 40 CFR part 52 is not a ‘‘major 

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

C. Petitions for Judicial Review 

EPA has also determined that the 

provisions of section 307(b)(1) of the 

Clean Air Act pertaining to petitions for 

judicial review are not applicable to this 

action. This action is simply an 

announcement of prior rulemakings that 

have previously undergone notice and 

comment rulemaking. Prior EPA 

rulemaking actions for each individual 

component of the Knox County portion 

of the Tennessee SIP previously 

afforded interested parties the 

opportunity to file a petition for judicial 

review in the United States Court of 

Appeals for the appropriate circuit 

within 60 days of such rulemaking 

action.

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 4, 2005. 

J.I. Palmer, Jr., 

Regional Administrator, Region 4.

n 40 CFR part 52 is amended as follows:

PART 52—[AMENDED]

n 1. The authority citation for part 52 

continues to read as follows:

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

Subpart RR—Knox County, Tennessee

n 2. Section 52.2220 is amended as 

follows:

n a. By revising paragraph (b); and

n b. Adding table 3 to paragraph (c) for 

Knox County, ‘‘EPA Approved Knox 

County Regulations’’.

§ 52.2220 Identification of plan.

* * * * *

(b) Incorporation by reference. 

(1) Material listed in paragraph (c) of 

this section with an EPA approval date 

prior to December 1, 1998, for 

Tennessee (Table 1 of the Tennessee 

State Implementation Plan), January 1, 

2003, for Memphis Shelby County 

(Table 2 of the Memphis Shelby County 

portion of the Tennessee State 

Implementation Plan), and March 1, 

2005, for Knox County (Table 3 of the 

Knox County portion of the Tennessee 

State Implementation Plan) and 

paragraph (d) of this section with an 

EPA approval date prior to December 1, 

1998 was approved for incorporation by 

reference by the Director of the Federal 

Register in accordance with 5 U.S.C. 

552(a) and 1 CFR part 51. Material is 

incorporated as it exists on the date of 

the approval, and notice of any change 

in the material will be published in the 

Federal Register. Entries in paragraph 

(c) of this section with EPA approval 

dates after December 1, 1998, for 

Tennessee (Table 1 of the Tennessee 

State Implementation Plan), January 1, 

2003, for Memphis Shelby County 

(Table 2 of the Memphis Shelby County 

portion of the Tennessee State 

Implementation Plan) and March 1, 

2005, for Knox County (Table 3 of the 

Knox County portion of the Tennessee 

State Implementation Plan) and 

paragraph (d) of this section with an 

EPA approval date after December 1, 

1998 will be incorporated by reference 

in the next update to the SIP 

compilation. 

(2) EPA Region 4 certifies that the 

rules/regulations provided by EPA in 

the SIP compilation at the addresses in 

paragraph (b)(3) of this section are an 

exact duplicate of the officially 

promulgated State rules/regulations 

which have been approved as part of the 

State implementation plan as of the 

dates referenced in paragraph (b)(1). 

(3) Copies of the materials 

incorporated by reference may be 

inspected at the Region 4 EPA Office at 

61 Forsyth Street, SW., Atlanta, GA 

30303; the EPA, Air and Radiation 

Docket and Information Center, Air 

Docket (Mail Code 6102T), 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20460 and the National 

Archives and Records Administration 

(NARA). For information on the 

availability of this material at NARA, 

call 202–741–6030, or go to: http://

www.archives.gov/federal_register/

code_of_federal_regulations/

ibr_locations.html.

(c) * * *

TABLE 3.—EPA APPROVED KNOX COUNTY, REGULATIONS

State section Title/subject State effective date EPA approval date Explanation 

12.0 ................... Introduction .................................................................... 06/18/86 08/03/89, 54 FR 31953 

13.0 ................... Definitions ...................................................................... 12/13/90 02/21/90, 55 FR 5985 

14.0 ................... Ambient Air Quality Standards ...................................... 07/19/89 02/21/90, 55 FR 5985 

15.0 ................... Prohibitions of Air Pollution ........................................... 06/18/86 08/03/89, 54 FR 31953 

16.0 ................... Open Burning ................................................................ 01/13/93 11/05/99, 64 FR 60348 

17.0 ................... Regulation of Visible Emissions .................................... 10/13/93 11/01/94, 59 FR 54523 

18.0 ................... Regulation of Non-Process Emissions .......................... 10/13/93 11/01/94, 59 FR 54523 

19.0 ................... Regulation of Process Emissions ................................. 12/11/96 06/08/98, 63 FR 31121 

20.0 ................... Regulation of Incinerators ............................................. 06/18/86 08/03/89, 54 FR 31953 

22.0 ................... Regulation of Fugitive Dust and Materials .................... 06/18/86 08/03/89, 54 FR 31953 

23.0 ................... Regulation of Hydrocarbon Emissions .......................... 06/16/72 10/28/72, 37 FR 23085 

24.0 ................... Regulation of Airborne and Windborne Materials ......... 06/18/86 08/03/89, 54 FR 31953 

25.0 ................... Permits .......................................................................... 06/10/98 11/05/99, 64 FR 60348 

Federal Register / Vol. 70, No. 164 / Thursday, August 25, 2005 / Rules and Regulations 49881

TABLE 3.—EPA APPROVED KNOX COUNTY, REGULATIONS—Continued

State section Title/subject State effective date EPA approval date Explanation 

26.0 ................... Monitoring, Recording, and Reporting .......................... 06/10/92 04/28/93, 58 FR 25777 

27.0 ................... Sampling and Testing Methods .................................... 06/10/92 04/28/93, 58 FR 25777 

28.0 ................... Variances ....................................................................... 06/10/92 04/28/93, 58 FR 25777 

29.0 ................... Appeals .......................................................................... 05/25/94 12/26/95, 60 FR 66748 

30.0 ................... Violations ....................................................................... 01/10/96 03/26/97, 62 FR 14327 

31.0 ................... Right of Entry ................................................................ 06/18/86 08/03/89, 54 FR 31953 

32.0 ................... Use of Evidence ............................................................ 06/18/86 08/03/89, 54 FR 31953 

33.0 ................... Confidentiality and Accessibility of Records ................. 06/18/86 08/03/89, 54 FR 31953 

34.0 ................... Malfunction of Equipment .............................................. 06/18/86 08/03/89, 54 FR 31953 

36.0 ................... Emergency Regulations ................................................ 07/19/89 02/21/90, 55 FR 5985 

37.0 ................... Separation of Emissions ............................................... 06/18/86 08/03/89, 54 FR 31953 

38.0 ................... Combination of Emissions ............................................. 06/18/86 08/03/89, 54 FR 31953 

39.0 ................... Severability .................................................................... 06/18/86 08/03/89, 54 FR 31953 

41.0 ................... Regulation for the Review of New Sources .................. 06/18/86 08/03/89, 54 FR 31953 

45.0 ................... Prevention of Significant Deterioration .......................... 06/10/92 04/28/93, 58 FR 25776 

46.0 ................... Regulation of Volatile Organic Compounds .................. 11/10/98 11/03/99, 64 FR 59628 

47.0 ................... Good Engineering Practice Stack Height ..................... 10/13/93 11/01/94, 59 FR 54523 

* * * * *

[FR Doc. 05–16931 Filed 8–24–05; 8:45 am] 

BILLING CODE 6560–50–P