56880 Federal Register / Vol. 70, No. 188 / Thursday, September 29, 2005 / Proposed Rules 

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 proposed rule 

does not use technical standards. 

Therefore, we did not consider the use 

of voluntary consensus standards. 

Environment 

We have analyzed this proposed 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 environment 

documentation because it has been 

determined that the promulgation of 

operating regulations or procedures for 

drawbridges are categorically excluded. 

List of Subjects in 33 CFR Part 117 

Bridges. 

Regulations 

For the reasons set out in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

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. 

2. From November 1, 2005 through 

April 30, 2006, § 117.618(b) is 

suspended and a new paragraph (d) is 

added to read as follows: 

§ 117.618 Saugus River. 

* * * * * 

(d) The draw of the General Edwards 

SR1A Bridge at mile 1.7, need not open 

for the passage of vessel traffic from 

November 1, 2005 through April 30, 

2006. 

Dated: September 18, 2005. 

David P. Pekoske, 

Rear Admiral, U.S. Coast Guard, Commander, 

First Coast Guard District. 

[FR Doc. 05–19583 Filed 9–27–05; 12:13 pm] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[RO4–OAR–2005–NC–0003–200532(b); 

FRL–7976–6] 

Approval and Promulgation of State 

Plan for Designated Facilities and 

Pollutants; North Carolina 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA proposes to approve the 

Clean Air Act (CAA) section 111(d)/129 

State Plan submitted by the North 

Carolina Department of Environment 

and Natural Resources (North Carolina 

DENR) for the State of North Carolina on 

August 7, 2002, and subsequently 

revised on December 14, 2004, for 

implementing and enforcing the 

Emissions Guidelines applicable to 

existing Commercial and Industrial 

Solid Waste Incinerators. The State Plan 

was submitted by North Carolina DENR 

to satisfy CAA requirements. In the final 

rules section of this Federal Register, 

EPA is approving the North Carolina 

State Plan as a direct final rule without 

prior proposal because the Agency 

views this as a noncontroversial plan 

and anticipates no adverse comments. A 

detailed rationale for the approval is set 

forth in the direct final rule. If no 

adverse comments are received in 

response to the direct final rule, no 

further activity is contemplated in 

relation to this proposed rule. If EPA 

receives adverse comments, the direct 

final rule will be withdrawn and all 

public comments received will be 

addressed in a subsequent final rule 

based on this proposed rule. The EPA 

will not institute a second comment 

period on this rule. Any parties 

interested in commenting on this rule 

should do so at this time. 

DATES: Comments must be received in 

writing by October 31, 2005. 

ADDRESSES: All comments should be 

addressed to: Joydeb Majumder, EPA 

Region 4, Air Toxics and Monitoring 

Branch, Sam Nunn Atlanta Federal 

Center, 61 Forsyth Street, SW., Atlanta, 

Georgia 30303–8960. Please follow the 

detailed instructions described in the 

direct final rule, ADDRESSES section 

which is published in the Rules section 

of this Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Joydeb Majumder at (404) 562–9121. 

SUPPLEMENTARY INFORMATION: For 

additional information see the direct 

final rule which is published in the 

Final Rules section of this Federal 

Register. 

Dated: September 19, 2005. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

[FR Doc. 05–19351 Filed 9–28–05; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

Endangered and Threatened Wildlife 

and Plants; Revised 12-Month Finding 

for the Southern Rocky Mountain 

Distinct Population Segment of the 

Boreal Toad (Bufo boreas boreas) 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of revised 12-month 

finding for the Southern Rocky 

Mountain Distinct Population Segment 

of the Boreal Toad. 

SUMMARY: We, the Fish and Wildlife 

Service (Service), announce our revised 

12-month finding for a petition to list 

the Southern Rocky Mountain 

population (SRMP) of the boreal toad 

(Bufo boreas boreas) as endangered 

under the Endangered Species Act 

(ESA). After a review of the best 

available scientific and commercial 

information, we find that listing is not 

warranted at this time because the 

SRMP of the boreal toad does not 

constitute a species, subspecies, or 

distinct population segment (DPS) 

under the ESA. Therefore, we withdraw 

the SRMP from the candidate list. The 

Service will continue to seek new 

information on the taxonomy, biology, 

and ecology of these toads, as well as 

potential threats to their continued 

existence. 

DATES: This finding was made on 

September 20, 2005. Although no 

further action will result from this 

finding, we request that you submit new