56374 Federal Register / Vol. 70, No. 186 / Tuesday, September 27, 2005 / Rules and Regulations 

time for the bridge operator to open the 

bridge after a request is given. 

Under this temporary deviation the 

Northern Avenue Bridge shall open on 

signal after a one-hour advance notice is 

given from 7 a.m. to 11 p.m., September 

15, 2005 through October 31, 2005, and 

from 7 a.m. to 3 p.m., November 1, 2005 

through November 14, 2005. From 11 

p.m. to 7 a.m., September 15, 2005 

through October 31, 2005, the bridge 

shall open on signal after a two-hour 

notice is given. From 3 p.m. to 7 a.m., 

November 1, 2005 through November 

14, 2005, the bridge shall open on signal 

after a twenty-four hour notice is given. 

Mariners may request bridge openings 

by calling the bridge operator on 

channel 13 or by telephone at (617) 

635–7520. 

This deviation from the operating 

regulations is authorized under 33 CFR 

117.35(b), and will be performed with 

all due speed in order to return the 

bridge to normal operation as soon as 

possible. 

Dated: September 15, 2005. 

Gary Kassof, 

Bridge Program Manager, First Coast Guard 

District. 

[FR Doc. 05–19212 Filed 9–26–05; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[TX–126–1–7691; FRL–7974–7] 

Approval and Promulgation of 

Implementation Plans; Texas; 

Transportation Control Measures in 

the Dallas/Fort Worth Ozone 

Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The EPA is approving 

revisions to the Texas Ozone State 

Implementation Plan (SIP). This 

approval incorporates the 

Transportation Control Measures, 

submitted by the Governor of Texas on 

April 25, 2000 (as substituted by the 

Texas Commission on Environmental 

Quality on January 14, 2004), into the 

SIP for the Dallas/Fort Worth Ozone 

Nonattainment Area. The inclusion of 

Transportation Control Measures in the 

SIP fulfills one requirement found 

under Section 182(c)(5) of the Federal 

Clean Air Act which provides that 

serious ozone nonattainment areas 

incorporate such measures into the state 

air quality plan. This action also fulfills 

of EPA’s obligations under a Federal 

district court Consent Decree to act on 

these measures (70 FR 32326). 

DATES: This rule is effective on October 

27, 2005. 

ADDRESSES: Copies of the documents 

relevant to this action are in the official 

file which is available at the Air 

Planning Section (6PD–L), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 700, Dallas, Texas 

75202. The file will be made available 

by appointment for public inspection in 

the Region 6 FOIA Review Room 

between the hours of 8:30 a.m. and 4:30 

p.m. weekdays except for legal holidays. 

Contact the person listed in the FOR

FURTHER INFORMATION CONTACT

paragraph below or Mr. Bill Deese at 

(214) 665–7253 to make an 

appointment. If possible, please make 

the appointment at least two working 

days in advance of your visit. There will 

be a 15 cent per page fee for making 

photocopies of documents. On the day 

of the visit, please check in at the EPA 

Region 6 reception area at 1445 Ross 

Avenue, Suite 700, Dallas, Texas. 

Copies of any State submittals are also 

available for public inspection at the 

State Air Agency listed below during 

official business hours by appointment: 

Texas Commission on Environmental 

Quality, Office of Air Quality, 12124 

Park 35 Circle, Austin, Texas 78753. 

FOR FURTHER INFORMATION CONTACT: 

Peggy Wade, Air Planning Section 

(6PD–L), Environmental Protection 

Agency, Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas 75202, 

telephone (214) 665–7247; fax number 

(214) 665–7263; e-mail address 

Wade.Peggy@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’

‘‘us,’’ and ‘‘our’’ refers to EPA. 

Outline 

I. What Action Is EPA Taking? 

II. What is the Background for This Action? 

III. What Comments Were Received During 

the Public Comment Period? 

IV. Final Action 

V. Statutory and Executive Order Reviews 

I. What Action Is EPA Taking? 

The EPA is approving the 

Transportation Control Measures (TCM) 

for the Dallas-Fort Worth 1-hour ozone 

nonattainment area (i.e., Collin, Dallas, 

Denton and Tarrant counties) submitted 

by Texas on April 25, 2000. In addition, 

we note that certain changes to the 

original TCMs occurred as they were 

substituted in January 2004 in 

accordance with the Texas TCM 

substitution rule ( 30 TAC 114.270; see 

67 FR 72379) and the EPA guidance 

document Policy Guidance on the 

Adoption and Use of SIP TCM 

Substitution Mechanisms in SIPs (EPA 

Office of Transportation and Air 

Quality, April 7, 2004). The Texas TCM 

substitution rule provides a mechanism 

in Texas to allow an area to substitute 

TCMs without the requirement of a SIP 

revision. 

II. What Is the Background for This 

Action? 

A SIP revision for the Dallas—Fort 

Worth (DFW) 1-hour ozone 

nonattainment area was submitted to 

EPA by the State of Texas on April 25, 

2000. This SIP revision contained many 

control measures designed to improve 

the air quality in the DFW area. EPA has 

since approved, in separate Federal 

Register notices, a number of aspects of 

this SIP submittal. EPA proposed 

approval of the TCMs in this SIP, which 

are located in Appendix G, on January 

18, 2001 (66 FR 4756). Our proposed 

approval of these original TCMs did not 

remove or revise any previously 

approved TCMs in the SIP. The total 

emission reductions creditable to the 

TCMs contained in this appendix are 

4.73 tons per day (tpd) of nitrogen oxide 

(NOX) emissions and 2.95 tpd of volatile 

organic compounds (VOC) emissions in 

the 4-county nonattainment area. These 

TCMs are scheduled to be implemented 

no later than July, 2007. These TCMs 

strengthen the SIP and comply with the 

requirements of section 110(l) of the 

Clean Air Act. Specific details on these 

TCMs, and the amount of reductions 

attributable to each measure, are 

available in the Technical Support 

Document associated with this action. 

The EPA transportation conformity 

regulations define TCMs as any measure 

specifically identified and committed to 

in the SIP that is either one of the types 

listed in the Clean Air Act (CAA) at 

Section 108(f)(1)(A), or any other 

measure with the purpose of reducing 

emissions or concentrations of air 

pollutants from transportation sources 

by reducing vehicle use or changing 

traffic flow or congestion conditions. 

According to the transportation 

conformity regulations, Metropolitan 

Planning Organizations (MPO), such as 

the North Central Texas Council of 

Governments (NCTCOG), must 

demonstrate timely implementation of 

TCMs by incorporation into the area’s 

Metropolitan Transportation Plan (MTP) 

and Transportation Improvement 

Program (TIP) with appropriate funding 

dedicated to each TCM (40 CFR 93.113). 

In some cases, the MPO might find 

itself unable to demonstrate that TCMs 

are meeting the timely implementation 

criteria because obstacles to 

Federal Register / Vol. 70, No. 186 / Tuesday, September 27, 2005 / Rules and Regulations 56375 

implementation are impossible to 

overcome. In the August 15, 1997 

transportation conformity rule (62 FR 

43779, see p. 43810), EPA committed to 

issuing guidance on how an area may 

substitute TCMs without the 

requirement for a SIP revision. EPA 

believes that such a substitution 

mechanism is possible if states 

explicitly incorporate such a policy 

containing replicable procedures into 

the SIP and we have since issued 

guidance to that effect (Policy Guidance 

on the Adoption and Use of SIP TCM 

Substitution Mechanisms in SIPs, EPA 

Office of Transportation and Air 

Quality, April 7, 2004). The State of 

Texas has developed a TCM substitution 

policy (30 TAC 114.270) and submitted 

it to EPA as a SIP revision on May 17, 

2000. EPA approved this policy as a 

revision to the Texas SIP on December 

5, 2002 (67 FR 72379). Among the 

requirements of this policy are that the 

substituted measures provide equal or 

greater emission reductions than those 

being eliminated. It also requires that 

the substituted measures, in accordance 

with section 110(l) of the Clean Air Act, 

do not interfere with any applicable 

requirement for reasonable further 

progress or timely attainment of any 

NAAQS. The policy creates a replicable 

process whereby a TCM working group 

recommends potential substitutions to 

TCEQ and, following a public hearing 

and EPA review and concurrence, TCEQ 

approves the substitute TCMs. 

Pursuant to 30 TAC 114.270, on 

September 19, 2003, the NCTCOG 

convened an interagency working group 

of the transportation partners to review 

proposed TCMs to be used as substitute 

measures for certain TCMs contained in 

Appendix G of the April 2000 SIP 

which were no longer feasible to 

implement. Substitution of TCMs was 

needed because many of the original 

TCMs were impossible to implement 

due to design concept, scope or funding 

issues, or were inadvertently given 

double-credit in the original SIP (e.g., 

one measure was counted as a reduction 

in two separate categories), or the 

scheduled implementation date had 

slipped beyond the July 2007 

commitment in the SIP. By letter dated 

November 20, 2003, after appropriate 

public notice and hearing, EPA 

concurred on the substituted measures 

and they were subsequently adopted by 

the TCEQ on January 14, 2004. The 

substituted measures fall into the 

categories of intersection improvements, 

bicycle and pedestrian projects, highoccupancy-vehicle facilities, rail, grade 

separations, park-and-ride facilities, and 

van pools. As a whole, they provide 

additional emission reductions of 59.4 

pounds-per-day of NOX and 372.8 

pounds-per-day of VOC as compared to 

the original TCMs. 

III. What Comments Were Received 

During the Public Comment Period? 

EPA proposed approval of this SIP, 

including the TCMs and other measures, 

on January 18, 2001. The comment 

period closed on March 19, 2001, and 

we did not receive any comments on the 

original TCMs included in the SIP. The 

TCEQ held another comment period 

culminating in a public hearing 

regarding the appropriateness of the 

proposed measures to be used as TCM 

substitutions from September 24, 2003, 

to October 29, 2003. No comments were 

received. 

IV. Final Action 

The EPA is approving the TCMs 

found in the SIP for the Dallas-Fort 

Worth 1-hour ozone nonattainment area 

submitted by Texas on April 25, 2000. 

These TCMs were substituted in 

January, 2004, in accordance with the 

Texas TCM substitution rule. 

V. Statutory and Executive Order 

Reviews 

The Office of Management and Budget 

(OMB) has exempted this regulatory 

action from Executive Order 12866, 

entitled ‘‘Regulatory Planning and 

Review.’’ This rule is not a ‘‘significant 

energy action’’ as defined in Executive 

Order 13211, ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355 (May 22, 2001)), because it is 

not likely to have a significant adverse 

effect on the supply, distribution, or use 

of energy. This action merely approves 

state law as meeting Federal 

requirements and imposes no additional 

requirements beyond those imposed by 

state law. Accordingly, the 

Administrator certifies that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities under the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.). Because this 

rule approves pre-existing requirements 

under state law and does not impose 

any additional enforceable duty beyond 

that required by state law, it 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). 

This rule also does not have tribal 

implications because it will 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). This 

action also does not have Federalism 

implications because it does not 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 action merely 

approves a state rule implementing a 

Federal standard, and does not alter the 

relationship or the distribution of power 

and responsibilities established in the 

Clean Air Act. 

This rule also is not subject to 

Executive Order 13045 ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997). EPA interprets 

Executive Order 13045 as applying only 

to those regulatory actions that are 

based on health or safety risks, such that 

the analysis required under section 5–

501 of the Order has the potential to 

influence the regulation. This rule is not 

subject to Executive Order 13045 

because it approves a state program. 

In reviewing SIP submissions under 

the National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C 272 

note), EPA’s role is to approve state 

choices, provided that they meet the 

criteria of the Clean Air Act. In this 

context, in the absence of a prior 

existing requirement for the State to use 

voluntary consensus standards (VCS), 

EPA has no authority to disapprove a 

SIP submission for failure to use VCS. 

It would thus be inconsistent with 

applicable law for EPA, when it reviews 

a SIP submission, to use VCS in place 

of a SIP submission that otherwise 

satisfies the provisions of the Clean Air 

Act. Thus, the requirements of section 

12(d) of the National Technology 

Transfer and Advancement Act of 1995 

do not apply. This rule does not impose 

an information collection burden under 

the provisions of the Paperwork 

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

et seq.). 

The Congressional Review Act, 5 

U.S.C. 801 et sec., 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. EPA will submit a 

report containing this rule and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

56376 Federal Register / Vol. 70, No. 186 / Tuesday, September 27, 2005 / Rules and Regulations 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. section 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by November 28, 

2005. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this rule for the purposes of judicial 

review nor does it extend the time 

within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of such rule 

or action. This action may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Hydrocarbons, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

oxides, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: September 19, 2005. 

Lawrence E. Starfield, 

Acting Regional Administrator, Region 6. 

■ 40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart SS—Texas 

■ 2. In § 52.2270, the second table in 

paragraph (e) entitled ‘‘EPA Approved 

Nonregulatory Provisions and QuasiRegulatory Measures in the Texas SIP’’

is amended by adding one new entry to 

the end of the table to read as follows: 

§ 52.2270 Identification of plan. 

* * * * * 

(e) * * * 

EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP 

Name of SIP provision Applicable geographic 

or nonattainment area 

State submittal/effective 

date 

EPA approval date Comments 

* * * * * * * 

Dallas—Fort Worth SIP, Appendix G; Transportation Control Measures in the Dallas/Fort 

Worth Ozone Nonattainment Area.

Dallas/Fort Worth 

Ozone Nonattainment 

Area.

01/14/2004 09/27/2005 [Insert FR page 

number where document begins].

[FR Doc. 05–19257 Filed 9–26–05; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 32 

RIN 1018–AU14 

2005–2006 Refuge-Specific Hunting 

and Sport Fishing Regulations; 

Corrections 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Correcting amendments. 

SUMMARY: The Fish and Wildlife Service 

published a document in the Federal 

Register on September 13, 2005 (70 FR 

54146), amending 50 CFR part 32. This 

document related to the addition of 

refuges and wetland management 

districts to the list of areas open for 

hunting and/or sport fishing programs 

and increased the activities available at 

other refuges. We also developed 

pertinent refuge-specific regulations for 

those activities and amended certain 

regulations on other refuges that pertain 

to migratory game bird hunting, upland 

game hunting, big game hunting, and 

sport fishing for the 2005–2006 season. 

This document corrects the final 

regulations. 

DATES: Effective September 27, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Leslie Marler, (703) 358–2397. 

SUPPLEMENTARY INFORMATION: Most 

corrections are in the instructions to the 

typesetters for adding or revising 

paragraphs in the regulatory text 

section. Two corrections are for 

spelling, and one correction is for 

section number. 

List of Subjects in 50 CFR Part 32 

Fishing, Hunting, Reporting and 

recordkeeping requirements, Wildlife, 

Wildlife refuges. 

■ Accordingly, 50 CFR part 32 is 

corrected by making the following 

correcting amendments: 

PART 32—HUNTING AND FISHING 

■ 1. The authority citation for part 32 

continues to read: 

Authority: 5 U.S.C. 301; 16 U.S.C. 460k, 

664, 668dd–668ee, and 715i. 

§ 32.37 [Amended] 

■ 2. Amending § 32.37 Louisiana by: 

■ a. Revising in instruction 15.c. the 

spelling of ‘‘Boque Chitto National 

Wildlife Refuge’’ to read ‘‘Bogue Chitto 

National Wildlife Refuge;’’; 

■ b. Revising instruction 15.e. to read as 

follows: ‘‘Revising paragraphs A.1. and 

A.8., adding paragraphs A.21. through 

A.25., revising paragraphs B.1. and C.1., 

redesignating paragraphs C.3. through 

C.8. as paragraphs C.4. through C.9. 

respectively, adding a new paragraph 

C.3., revising newly redesignated 

paragraphs C.4. and C.5., and adding 

paragraphs C.10., D.10., and D.11. of Cat 

Island National Wildlife Refuge;’’; 

■ c. Revising the alphabetical listing of 

‘‘Boque Chitto National Wildlife 

Refuge’’ to read ‘‘Bogue Chitto National 

Wildlife Refuge’’; and 

■ d. Revising paragraph designation 

‘‘C.9.’’ to read ‘‘C.10.’’ of Cat Island 

National Wildlife Refuge. 

§ 32.40 [Amended] 

■ 3. Amending § 32.40 Massachusetts 

instruction 18.b. to read as follows: 

‘‘Revising Great Meadows National 

Wildlife Refuge; and’’. 

■ 4. Amending § 32.44 Missouri by 

redesignating paragraphs C.5. through 

C.8. as C.6. through C.9. and adding a 

new C.5. to Mingo National Wildlife 

Refuge to read as follows: 

§ 32.44 Missouri. 

* * * * * 

Mingo National Wildlife Refuge 

* * * * * 

C. * * * 

5. We allow spring turkey hunting. 

We only allow shotguns with approved 

nontoxic shot (see § 32.2(k)). 

* * * * *