This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

61750 

Vol. 70, No. 206 

Wednesday, October 26, 2005 

MERIT SYSTEMS PROTECTION 

BOARD 

5 CFR Part 1201 

Filing of Constructive Removal 

Complaints by Administrative Law 

Judges; Reopening of the Comment 

Period 

AGENCY: Merit Systems Protection 

Board. 

ACTION: Proposed rule; reopening of the 

comment period. 

SUMMARY: The Merit Systems Protection 

Board (MSPB or ‘‘the Board’’) is 

reopening the comment period for a 

proposed rule published in the Federal 

Register on August 16, 2005 (70 FR 

48081). The proposed rule revised 5 

CFR 1201.142 and concerned the filing 

of constructive removal complaints by 

administrative law judges. The Board is 

reopening the comment period because 

of the widespread disruption caused by 

hurricanes Rita and Katrina. 

DATES: Written comments should be 

submitted on or before November 25, 

2005. 

ADDRESSES: Send or deliver comments 

to the Office of Clerk of the Board, U.S. 

Merit Systems Protection Board, 1615 M 

Street, NW., Washington, DC 20419; 

(202) 653–7200; fax: (202) 653–7130; or 

e-mail: mspb@mspb.gov. 

FOR FURTHER INFORMATION CONTACT: 

Bentley Roberts, Clerk of the Board, 

Merit Systems Protection Board, 1615 M 

Street, NW., Washington, DC 20419; 

(202) 653–7200; fax: (202) 653–7130; or 

e-mail: mspb@mspb.gov. 

SUPPLEMENTARY INFORMATION: The 

Board’s original notice of the proposed 

rule (70 FR 48081) contains the relevant 

supplementary information. 

List of Subjects in Part 1201 

Administrative personnel, Actions 

against administrative law judges, 

Actions filed by administrative law 

judges. 

Bentley M. Roberts, 

Clerk of the Board. 

[FR Doc. 05–21389 Filed 10–25–05; 8:45 am] 

BILLING CODE 7400–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[R03–OAR–2005–PA–0015; FRL–7988–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; VOC and NOX RACT 

Determinations for Two Individual 

Sources 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA proposes to approve 

revisions to the Commonwealth of 

Pennsylvania State Implementation Plan 

(SIP). The revisions were submitted by 

the Pennsylvania Department of 

Environmental Protection (PADEP) to 

establish and require reasonably 

available control technology (RACT) for 

two major sources of volatile organic 

compounds (VOC) and nitrogen oxides 

(NOX) pursuant to the Commonwealth 

of Pennsylvania’s (Pennsylvania or the 

Commonwealth) SIP-approved generic 

RACT regulations. EPA is proposing to 

approve these revisions in accordance 

with the Clean Air Act (CAA). 

DATES: Written comments must be 

received on or before November 25, 

2005. 

ADDRESSES: Submit your comments, 

identified by Regional Material in 

EDocket (RME) ID Number R03–OAR– 

2005–PA–0015 by one of the following 

methods: 

A. Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Agency Web site: http:// 

docket.epa.gov/rmepub/ RME, EPA’s 

electronic public docket and comment 

system, is EPA’s preferred method for 

receiving comments. Follow the on-line 

instructions for submitting comments. 

C. E-mail: morris.makeba@epa.gov. 

D. Mail: R03–OAR–2005–PA–0015, 

Makeba Morris, Chief, Air Quality 

Planning Branch, Mailcode 3AP21, U.S. 

Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

E. Hand Delivery: At the previously 

listed EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

RME ID No. R03–OAR–2005–PA–0015. 

EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at http:// 

docket.epa.gov/rmepub/, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through RME, regulations.gov 

or e-mail. The EPA RME and the Federal 

regulations.gov websites are an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through RME or 

regulations.gov, your e-mail address 

will be automatically captured and 

included as part of the comment that is 

placed in the public docket and made 

available on the Internet. If you submit 

an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the 

electronic docket are listed in the RME 

index at http://docket.epa.gov/rmepub/. 

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. 

Federal Register / Vol. 70, No. 206 / Wednesday, October 26, 2005 / Proposed Rules 61751 

Publicly available docket materials are 

available either electronically in RME or 

in hard copy during normal business 

hours at the Air Protection Division, 

U.S. Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of the State submittal are 

available at the Pennsylvania 

Department of Environmental 

Protection, Bureau of Air Quality, P.O. 

Box 8468, 400 Market Street, Harrisburg, 

Pennsylvania 17105. 

FOR FURTHER INFORMATION CONTACT: 

Pauline De Vose, (215) 814–2186, or by 

e-mail at devose.pauline@epa.gov. 

SUPPLEMENTARY INFORMATION: On August 

15, 2003, PADEP submitted revisions to 

the Pennsylvania SIP. These SIP 

revisions consist of source-specific 

operating permits and/or plan approvals 

issued by PADEP to establish and 

require RACT for two sources included 

in Pennsylvania’s submittal letter 

pursuant to Pennsylvania’s SIPapproved generic RACT regulations. 

This proposed rulemaking covers the 

Commonwealth’s source-specific RACT 

determinations for two of those sources 

The remaining RACT determinations 

submitted by PADEP on August 15, 

2003, are or will be the subject of 

separate rulemakings. 

I. Background 

Pursuant to sections 182(b)(2) and 

182(f) of the CAA, Pennsylvania is 

required to establish and implement 

RACT for all major VOC and NOX

sources. The major source size is 

determined by its location, the 

classification of that area and whether it 

is located in the ozone transport region 

(OTR). Under section 184 of the CAA, 

RACT as specified in sections 182(b)(2) 

and 182(f) applies throughout the OTR. 

The entire Commonwealth is located 

within the OTR. Therefore, RACT is 

applicable statewide in Pennsylvania. 

State implementation plan revisions 

imposing RACT for three classes of VOC 

sources are required under section 

182(b)(2). The categories are: 

(1) All sources covered by a Control 

Technique Guideline (CTG) document 

issued between November 15, 1990 and 

the date of attainment; 

(2) All sources covered by a CTG 

issued prior to November 15, 1990; and 

(3) All major non-CTG sources. 

The Pennsylvania SIP already has 

approved RACT regulations and 

requirements for all sources and source 

categories covered by the CTGs. The 

Pennsylvania SIP also has approved 

regulations to require major sources of 

NOX and additional major sources of 

VOC emissions (not covered by a CTG) 

to implement RACT. These regulations 

are commonly termed the ‘‘generic 

RACT regulations.’’ A generic RACT 

regulation is one that does not, itself, 

specifically define RACT for a source or 

source categories but instead establishes 

procedures for imposing case-by-case 

RACT determinations. The 

Commonwealth’s SIP-approved generic 

RACT regulations consist of the 

procedures PADEP uses to establish and 

impose RACT for subject sources of 

VOC and NOX. Pursuant to the SIPapproved generic RACT rules, PADEP 

imposes RACT on each subject source in 

an enforceable document, usually a Plan 

Approval (PA) or Operating Permit (OP). 

The Commonwealth then submits these 

PAs and OPs to EPA for approval as 

source-specific SIP revisions. EPA 

reviews these SIP revisions to ensure 

that the Pennsylvania DEP has 

determined and imposed RACT in 

accordance with the provisions of the 

SIP-approved generic RACT rules. 

It must be noted that the 

Commonwealth has adopted and is 

implementing additional ‘‘post RACT 

requirements’’ to reduce seasonal NOX

emissions in the form of a NOX cap and 

trade regulation, 25 Pa Code Chapters 

121 and 123, based upon a model rule 

developed by the States in the OTR. 

That regulation was approved as SIP 

revision on June 6, 2000 (65 FR 35842). 

Pennsylvania has also adopted 25 Pa 

Code Chapter 145 to satisfy Phase I of 

the NOX SIP call. That regulation was 

approved as a SIP revision on August 

21, 2001 (66 FR 43795). Federal 

approval of a source-specific RACT 

determination for a major source of NOX

in no way relieves that source from any 

applicable requirements found in 25 PA 

Code Chapters 121, 123 and 145. 

II. Summary of the SIP Revisions 

The following table identifies the 

sources and the individual plan 

approvals (PAs) and operating permits 

(OPs) which are the subject of this 

rulemaking. 

PENNSYLVANIA—VOC AND NOX RACT DETERMINATIONS FOR INDIVIDUAL SOURCES

Source’s name County Plan approval (PA #) 

Operating permit (OP #) Source type ‘‘Major source’’ pollutant 

The International Metals Reclamation Co Lawrence ..... Op 37–243 ........................ Metals Recovery Facility ... VOC. 

Petrowax PA Inc. .................................... Venango ...... PA 61–020 ........................ Refinery ............................. VOC and NOX.

Interested parties are advised that 

copies of Pennsylvania’s SIP submittals 

for these sources, including the actual 

PAs and OPs imposing RACT, PADEP’s 

evaluation memoranda and the sources’

RACT proposals (referenced in PADEP’s 

evaluation memoranda) are included 

and may be viewed in their entirety in 

both the electronic and hard copy 

versions of the docket for this final rule. 

As previously stated, all documents in 

the electronic docket are listed in the 

RME index at http://docket.epa.gov/ 

rmepub/. Publicly available docket 

materials are available either 

electronically in RME or in hard copy 

during normal business hours at the Air 

Protection Division, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. Copies of the State submittal are 

available at the Pennsylvania 

Department of Environmental 

Protection, Bureau of Air Quality, P.O. 

Box 8468, 400 Market Street, Harrisburg, 

Pennsylvania 17105. 

EPA is approving these RACT SIP 

submittals because PADEP established 

and imposed these RACT requirements 

in accordance with the criteria set forth 

in its SIP-approved generic RACT 

regulations applicable to these sources. 

In accordance with its SIP-approved 

generic RACT rule, the Commonwealth 

has also imposed record-keeping, 

monitoring, and testing requirements on 

these 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), because it merely 

proposes to approve a state rule 

61752 Federal Register / Vol. 70, No. 206 / Wednesday, October 26, 2005 / Proposed Rules 

implementing a Federal standard, and 

does not alter the relationship or the 

distribution of power and 

responsibilities established in the Clean 

Air Act. This proposed rule also is not 

subject to Executive Order 13045 (62 FR 

19885, April 23, 1997), because it is not 

economically significant. 

In reviewing SIP submissions, 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 (15 U.S.C. 

272 note) do not apply. As required by 

section 3 of Executive Order 12988 (61 

FR 4729, February 7, 1996), in issuing 

this proposed rule, EPA has taken the 

necessary steps to eliminate drafting 

errors and ambiguity, minimize 

potential litigation, and provide a clear 

legal standard for affected conduct. EPA 

has complied with Executive Order 

12630 (53 FR 8859, March 15, 1988) by 

examining the takings implications of 

the rule in accordance with the 

‘‘Attorney General’s Supplemental 

Guidelines for the Evaluation of Risk 

and Avoidance of Unanticipated 

Takings’ issued under the executive 

order. This proposed rule to approve 

source-specific RACT determinations 

established and imposed by the 

Commonwealth of Pennsylvania 

pursuant to its SIP-approved generic 

RACT regulations does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

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

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Nitrogen dioxide, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

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

Dated: October 18, 2005. 

Donald S. Welsh, 

Regional Administrator, Region III. 

[FR Doc. 05–21372 Filed 10–25–05; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 2 

[ET Docket No. 00–258; FCC 05–172] 

Advanced Wireless Services 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: This document seek comment 

on the specific relocation procedures 

applicable to Broadband Radio Service 

(BRS) operations in the 2150–2160/62 

MHz band, which the Commission 

recently decided will be relocated to the 

newly restructured 2495–2690 MHz 

band. We also seek comment on the 

specific relocation procedures 

applicable to Fixed Microwave Service 

(FS) operations in the 2160–2175 MHz 

band. We propose to generally follow 

our relocation policies delineated in our 

Emerging Technologies proceeding and 

as modified by subsequent decisions. 

DATES: Comments must be filed on or 

before November 25, 2005, and reply 

comments must be filed on or before 

December 12, 2005. 

ADDRESSES: You may submit comments, 

identified by [ET Docket No. 00–258], 

by any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Federal Communications 

Commission’s Web site: http:// 

www.fcc.gov/cgb/ecfs/. Follow the 

instructions for submitting comments. 

• E-mail: [Optional: Include the Email address only if you plan to accept 

comments from the general public]. 

Include the docket number(s) in the 

subject line of the message. 

• Mail: [Optional: Include the mailing 

address for paper, disk or CD–ROM 

submissions needed/requested by your 

Bureau or Office. Do not include the 

Office of the Secretary’s mailing address 

here.] 

• People with Disabilities: Contact 

the FCC to request reasonable 

accommodations (accessible format 

documents, sign language interpreters, 

CART, etc.) by e-mail: FCC504@fcc.gov 

or phone: 202–418–0530 or TTY: 202–

418–0432. 

For detailed instructions for submitting 

comments and additional information 

on the rulemaking process, see the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: 

Priya Shrinivasan, Office of Engineering 

and Technology, (202) 418–7005. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s NPRM of 

Proposed Rule Making, ET Docket No. 

00–258, FCC 05–172, adopted 

September 23, 2005, and released 

September 29, 2005. The full text of this 

document is available on the 

Commission’s Internet site at http:// 

www.fcc.gov. It is also available for 

inspection and copying during regular 

business hours in the FCC Reference 

Center (Room CY–A257), 445 12th 

Street, SW., Washington, DC 20554. The 

full text of this document also may be 

purchased from the Commission’s 

duplication contractor, Best Copy and 

Printing Inc., Portals II, 445 12th St., 

SW., Room CY–B402, Washington, DC 

20554; telephone (202) 488–5300; fax 

(202) 488–5563; e-mail 

FCC@BCPIWEB.COM. 

Pursuant to sections 1.415 and 1.419 

of the Commission’s rules, 47 CFR 

1.415, 1.419, interested parties may file 

comments and reply comments on or 

before the dates indicated on the first 

page of this document. Comments may 

be filed using: (1) The Commission’s 

Electronic Comment Filing System 

(ECFS), (2) the Federal Government’s 

eRulemaking Portal, or (3) by filing 

paper copies. See Electronic Filing of 

Documents in Rulemaking Proceedings, 

63 FR 24121 (1998). 

• Electronic Filers: Comments may be 

filed electronically using the Internet by 

accessing the ECFS: http://www.fcc.gov/ 

cgb/ecfs/ or the Federal eRulemaking 

Portal: http://www.regulations.gov. 

Filers should follow the instructions 

provided on the Web site for submitting 

comments. 

• For ECFS filers, if multiple docket 

or rulemaking numbers appear in the 

caption of this proceeding, filers must 

transmit one electronic copy of the 

comments for each docket or 

rulemaking number referenced in the 

caption. In completing the transmittal 

screen, filers should include their full 

name, U.S. Postal Service mailing 

address, and the applicable docket or 

rulemaking number. Parties may also 

submit an electronic comment by 

Internet e-mail. To get filing 

instructions, filers should send an email to ecfs@fcc.gov, and include the 

following words in the body of the 

message, ‘‘get form.’’ A sample form and 

directions will be sent in response. 

• Paper Filers: Parties who choose to 

file by paper must file an original and 

four copies of each filing. If more than 

one docket or rulemaking number 

appears in the caption of this 

proceeding, filers must submit two 

additional copies for each additional 

docket or rulemaking number. 

Filings can be sent by hand or 

messenger delivery, by commercial 

overnight courier, or by first-class or