66794 Federal Register / Vol. 70, No. 212 / Thursday, November 3, 2005 / Rules and Regulations 

EPA-APPROVED SOURCE SPECIFIC REQUIREMENTS—Continued 

Source name 

Permit/order or 

registration 

number 

State effective 

date EPA approval date 40 CFR part 52 citation 

Virginia Power (VP)—Possum Point 

Generating Station [Permit containing NOX RACT requirements].

Registration No. 

70225 County-Plant No. 

153–0002.

7/21/00 1/02/01, 66 FR 8 ......... 52.2420(d)(3). 

Virginia Electric and Power Company—Possum Point Generating 

Station [Consent Agreement containing VOC RACT requirements].

Registration No. 

70225.

6/12/95 1/02/01, 66 FR 8 ......... 52.2420(d)(3). 

Washington Gas Light Company—

Springfield Operations Center [Consent Agreement].

Registration No. 

70151 NVRO–

031–98.

4/3/98 1/02/01, 66 FR 8 ......... 52.2420(d)(3). 

Georgia Pacific—Jarratt Softboard 

Plant.

Registration No. 

50253.

9/28/98 3/26/03, 68 FR 14542 40 CFR 52.2420(d)(4); Note: In Section E, Provision 1, the portion of 

the text which reads ‘‘* * *and during periods of start-up, shutdown, 

and malfunction.’’ is not part of the 

SIP. 

Prince William County Landfill ............. Registraton No. 

72340.

4/16/04 9/9/04, 69 FR 54581 ... 52.2420(d)(5). 

Washington Gas Company, 

Ravensworth Station.

Registration No. 

72277.

4/16/04, 8/11/04 10/06/2004, 69 FR 

59812.

52.2420(d)(6). 

Central Intelligence Agency (CIA), 

George Bush Center for Intelligence.

Registration No. 

71757.

4/16/04 12/13/04, 69 FR 72115 52.2420(d)(6). 

National Reconnaissance Office, Boeing Service Center.Registration No. 

71988.

4/16/04 12/13/04, 69 FR 72115 52.2420(d)(6). 

Roanoke Electric Steel Corp. .............. Registration No. 

20131.

12/22/04 4/27/05, 70 FR 21621 52.2420(d)(7). 

Roanoke Cement Company ................ Registraton No. 

20232.

12/22/04 4/27/05, 70 FR 21621 52.2420(d)(7). 

Norfolk Southern Railway Company—

East End Shops.

Registration No. 

20468.

12/22/04 4/27/05 70 Fr 21621 ... 52.2420(d)(7). 

Global Stone Chemstone Corporation Registration No. 

80504.

02/09/05 4/27/05 70 FR 21621 .. 52.2420(d)(7). 

* * * * * 

[FR Doc. 05–21756 Filed 11–2–05; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 60 

[KYN–2005–01; FRL–7993–5] 

New Stationary Sources; Supplemental 

Delegation of Authority to the 

Commonwealth of Kentucky 

Department for Environmental 

Protection 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Delegation of authority. 

SUMMARY: The Commonwealth of 

Kentucky Department for 

Environmental Protection (KYDEP or 

agency) has requested that EPA delegate 

authority for implementation and 

enforcement of existing New Source 

Performance Standards (NSPS) which 

have been previously adopted by the 

agency but have remained undelegated 

by EPA, and has requested that EPA 

approve the mechanism for delegation 

(adopt-by-reference) of future NSPS. 

The purpose of KYDEP’s request for 

approval of its delegation mechanism is 

to streamline existing administrative 

procedures by eliminating any 

unnecessary steps involved in the 

Federal delegation process. With this 

NSPS delegation mechanism in place, a 

new or revised NSPS promulgated by 

EPA will become effective in the 

Commonwealth of Kentucky on the date 

the NSPS is adopted-by-reference 

pursuant to a rulemaking of the 

Commonwealth of Kentucky’s Natural 

Resources and Environmental 

Protection Cabinet, if the agency adopts 

the NSPS without change. ‘‘Adopt-byreference’’ means the EPA promulgated 

standard has been adopted directly into 

the State regulations by reference to the 

Federal law. No further agency requests 

for delegation will be necessary. 

Likewise, no further Federal Register 

notices will be published. 

In this action, EPA is delegating 

authority to KYDEP for implementation 

and enforcement of existing New Source 

Performance Standards (NSPS) which 

have been previously adopted by 

KYDEP and which are identified in the 

Supplementary Information section 

below. In addition, EPA is approving 

KYDEP’s ‘‘adopt-by-reference’’

mechanism for delegation of future 

NSPS. 

DATES: The effective date is November 3, 

2005. 

ADDRESSES: Copies of the request for 

delegation of authority are available for 

public inspection during normal 

business hours at the following 

locations: 

Environmental Protection Agency, 

Region 4, Air Toxics and Monitoring 

Branch, 61 Forsyth Street, SW., Atlanta, 

Georgia 30303. 

Natural Resources and Environmental 

Protection Cabinet, Department for 

Environmental Protection, Division for 

Air Quality, 803 Schenkel Lane, 

Frankfort, Kentucky 40601. 

Effective immediately, all requests, 

applications, reports and other 

correspondence required pursuant to 

the delegated standards should not be 

submitted to the Region 4 office, but 

should instead be submitted to the 

following address: 

Natural Resources and Environmental 

Protection Cabinet, Department for 

Federal Register / Vol. 70, No. 212 / Thursday, November 3, 2005 / Rules and Regulations 66795 

Environmental Protection, Division for 

Air Quality, 803 Schenkel Lane, 

Frankfort, Kentucky 40601. 

FOR FURTHER INFORMATION CONTACT: 

Keith Goff, Air Toxics and Monitoring 

Branch, Environmental Protection 

Agency, Region 4, 61 Forsyth St. SW., 

Atlanta, Georgia 30303, 404–562–9137. 

E-mail: goff.keith@epa.gov. 

SUPPLEMENTARY INFORMATION: Sections 

101, 110, 111(c)(1), and 301 of the Clean 

Air Act authorize EPA to delegate 

authority to implement and enforce the 

standards set out in 40 CFR Part 60, 

New Source Performance Standards 

(NSPS). On April 12, 1977, EPA initially 

delegated the authority for 

implementation and enforcement of the 

NSPS program to the KYDEP. This 

agency has subsequently requested a 

delegation of authority for 

implementation and enforcement of the 

previously adopted, undelegated part 60 

NSPS categories listed below. 

1. 40 CFR part 60, subpart Ea, adopted 

September 10, 2003. 

2. 40 CFR part 60, subpart Eb, adopted 

September 10, 2003. 

3. 40 CFR part 60, subpart Ec, adopted 

September 10, 2003. 

4. 40 CFR part 60, subpart OOO, 

adopted July 17, 2000. 

5. 40 CFR part 60, subpart WWW, 

adopted September 10, 2003. 

6. 40 CFR part 60, subpart AAAA, 

adopted September 10, 2003. 

7. 40 CFR part 60, subpart CCCC, 

adopted September 10, 2003. 

EPA’s review of Kentucky’s pertinent 

laws, rules, and regulations has shown 

them to be adequate for implementation 

and enforcement of these existing, 

previously adopted, undelegated NSPS. 

Based on this review, EPA has 

determined that delegation of the abovereferenced NSPS is appropriate, with 

the non-delegable exceptions noted 

below. All sources subject to the 

delegable requirements in these NSPS 

subparts will now be under the 

jurisdiction of the KYDEP, although 

EPA reserves the right to implement the 

Federal NSPS directly and continues to 

retain concurrent enforcement 

authority. The NSPS subparts and 

portions of subparts that may not be 

delegated, and are therefore not 

delegated by this action are: 

1. Subpart A—§ 60.8(b) (2) and (3), 

§ 60.11(e) (7) and (8), § 60.13 (g), (i) 

and (j)(2) 

2. Subpart B—§ 60.22, § 60.27, and 

§ 60.29 

3. Subpart Da—§ 60.45a 

4. Subpart Db—§ 60.44b(f), § 60.44b(g), 

§ 60.49b(a)(4) 

5. Subpart Dc—§ 60.48c(a)(4) 

6. Subpart Ec—§ 60.56c(i) 

7. Subpart J—§ 60.105(a)(13)(iii), 

§ 60.106(i)(12) 

8. Subpart Ka—§ 60.114a 

9. Subpart Kb—§ 60.111b(f)(4), 

§ 60.114b, § 60.116b(e)(3) (iii) and (iv), 

§ 60.116b(f)(2)(iii) 

10. Subpart O—§ 60.153(e) 

11. Subpart EE—§ 60.316(d) 

12. Subpart GG—§ 60.334(b)(2), 

§ 60.335(f)(1) 

13. Subpart RR—§ 60.446(c) 

14. Subpart SS—§ 60.456(d) 

15. Subpart TT—§ 60.466(d) 

16. Subpart UU—§ 60.474(g) 

17. Subpart VV—§ 60.482–1(c)(2) and 

§ 60.484 

18. Subpart WW—§ 60.496(c) 

19. Subpart XX—§ 60.502(e)(6) 

20. Subpart AAA—§ 60.531, § 60.533, 

§ 60.534, § 60.535, § 60.536(i)(2), 

§ 60.537, § 60.538(e), § 60.539 

21. Subpart BBB—§ 60.543(c)(2)(ii)(B) 

22. Subpart DDD—§ 60.562–2(c) 

23. Subpart III—§ 60.613(e) 

24. Subpart NNN—§ 60.663(e) 

25. Subpart RRR—§ 60.703(e) 

26. Subpart SSS—§ 60.711(a)(16), 

§ 60.713(b)(1)(i), § 60.713(b)(1)(ii), 

§ 60.713(b)(5)(i), § 60.713(d), 

§ 60.715(a), § 60.716 

27. Subpart TTT—§ 60.723(b)(1), 

§ 60.723(b)(2)(i)(C), § 60.723(b)(2)(iv), 

§ 60.724(e), § 60.725(b) 

28. Subpart VVV—§ 60.743(a)(3)(v)(A) 

and (B), § 60.743(e), § 60.745(a), 

§ 60.746 

29. Subpart WWW—§ 60.754(a)(5) 

In addition, EPA is approving 

KYDEP’s ‘‘adopt-by-reference’’

delegation mechanism for future NSPS. 

EPA’s review of the pertinent laws, 

rules, and regulations for the agency has 

shown them to be adequate for 

implementation and enforcement of 

existing, previously adopted, 

undelegated NSPS and future NSPS. 

Future NSPS regulations will contain a 

list of sections that cannot be delegated 

for that subpart. With this NSPS ‘‘adoptby-reference’’ delegation mechanism in 

place, a new or revised NSPS 

promulgated by EPA will become 

effective in the Commonwealth of 

Kentucky on the date the NSPS is 

adopted-by-reference pursuant to a 

rulemaking of the Commonwealth of 

Kentucky’s Natural Resources and 

Environmental Protection Cabinet, if the 

agency adopts the NSPS without 

change. EPA reserves the right to 

implement the Federal NSPS directly 

and continues to retain concurrent 

enforcement authority. 

Statutory and Executive Order Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. For 

this reason, this action is also not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

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

22, 2001). This action imposes no 

additional requirements beyond those 

imposed by state law. Accordingly, the 

Administrator certifies that this action 

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 

action delegates pre-existing 

requirements under Federal law and 

does not impose any additional 

enforceable duty beyond that required 

by Federal 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 action 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 

delegates the implementation and 

enforcement of an existing Federal 

standard and approves a delegation 

mechanism for future Federal standards, 

and does not alter the relationship or 

the distribution of power and 

responsibilities established in the Clean 

Air Act. This action also is not subject 

to Executive Order 13045 ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997), because it is not 

economically significant. The 

Congressional Review Act, 5 U.S.C. 801 

et seq., as added by the Small Business 

Regulatory Enforcement Fairness Act of 

1996, does not apply because this action 

is not a rule, as that term is defined in 

5 U.S.C. 804(3). 

In reviewing delegation requests and 

mechanisms for delegation, 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 

66796 Federal Register / Vol. 70, No. 212 / Thursday, November 3, 2005 / Rules and Regulations 

standards (VCS), EPA has no authority 

to disapprove a delegation request or 

disapprove a proposed delegation 

mechanism for failure to use VCS. It 

would thus be inconsistent with 

applicable law for EPA, when it reviews 

a delegation request or proposed 

delegation mechanism, to use VCS in 

place of a delegation request or 

proposed delegation mechanism 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. This action does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

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

This action granting delegation 

authority for implementation and 

enforcement of existing New Source 

Performance Standards and approving a 

delegation mechanism for future NSPS 

is issued under the authority of sections 

101, 110, 111, and 301 of the Clean Air 

Act, 42 U.S.C. 7401, 7410, 7411, and 

7601. 

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

Dated: October 17, 2005. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

[FR Doc. 05–21925 Filed 11–2–05; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

46 CFR Part 388 

[Docket Number: MARAD–2005–21105] 

RIN 2133–AB50 

Application Fee Increase for 

Administrative Waivers of the 

Coastwise Trade Laws 

AGENCY: Maritime Administration, 

Transportation. 

ACTION: Final rule. 

SUMMARY: This final rule increases the 

application fee for administrative 

waivers of the coastwise trade laws from 

$300 to $500. The increased fee will 

align the application fee with the actual 

cost of processing and issuing each 

waiver. 

DATES: This final rule is effective 

December 5, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Sharon Cassidy, Office of Ports and 

Domestic Shipping, Maritime 

Administration, MAR–830, 400 7th St., 

SW., Rm. 7201 Washington, DC 20590; 

telephone: (202) 366–5506. 

SUPPLEMENTARY INFORMATION: Title V of 

the Independent Offices Appropriations 

Act of 1952 (‘‘IOAA’’; 31 U.S.C. 9701) 

authorizes Federal agencies to establish 

and collect user fees. The statute 

provides that each service or thing of 

value provided by an agency should be 

self-sustaining to the extent possible, 

and that each charge shall be fair and 

based on the costs to the Government, 

the value of the service or thing to the 

recipient, the policy or interest served, 

and other relevant factors. 31 U.S.C. 

9701. 

The primary guidance for 

implementation of the IOAA is Office of 

Management and Budget (OMB) 

Circular No. A–25 (‘‘User Charges,’’ July 

8, 1993). Circular A–25 directs agencies 

to assess user charges against 

identifiable recipients for special 

benefits derived from Federal activities 

beyond those received by the general 

public. Circular A–25, section 6. 

Circular A–25 further directs agencies, 

with limited exceptions, to recover the 

full cost of providing a Government 

service from the direct recipients of 

special benefits. Section 6(d) of Circular 

A–25 defines ‘‘full cost’’ as including 

‘‘all direct and indirect costs to any part 

of the Federal Government of providing 

a good, resource, or service.’’

Pursuant to these directives, MARAD 

is proposing to increase the application 

fee for administrative waivers of the 

coastwise trade laws under 46 CFR part 

388 for eligible small vessels. Under 46 

CFR part 388, owners of small passenger 

vessels may apply for waivers of the 

U.S.-build requirements of the 

Passenger Vessel Services Act and 

section 27 of the Merchant Marine Act, 

1920, to allow the carriage of no more 

than 12 passengers for hire in the 

coastwise trade. Because waivers under 

part 388 represent special benefits to 

identifiable recipients (i.e., vessel 

owners) that are beyond the benefits and 

services normally received by the 

general public, the IOAA and Circular 

A–25 direct MARAD to assess user fees 

for providing this service. The current 

application fee for a waiver is $300. 

MARAD proposes to increase this fee to 

$500 as set forth below. 

Following the principles embodied in 

Circular A–25, MARAD examined the 

costs associated with processing and 

issuing waivers under part 388 to 

determine if the current $300 fee 

recovers the full costs of administering 

the program. The main cost components 

of the program include direct and 

indirect personnel costs and Federal 

Register publication costs. Our review 

of the program determined that average 

personnel costs for processing each 

uncontested application are $204.50 and 

$1118.50 for each contested application 

(on average, 7% of all waiver 

applications are contested, based on the 

236 applications sampled for our 

analysis). Thus, the total average 

personnel costs are $268.48 for 

processing each application. The second 

main cost component of the program is 

the cost of publishing notices of waiver 

applications in the Federal Register. 

The current Federal Register 

publication cost is $155 per column and 

the average length of a public notice 

published for this program is 1.5 

columns. Thus, the total average 

publication cost is $232.50. The sum 

total of personnel costs and Federal 

Register publication costs is $500.98. 

Therefore, MARAD is proposing to raise 

the application fee from $300 to $500 in 

order to recover these costs. 

On May 12, 2005, MARAD published 

a notice of proposed rulemaking in the 

Federal Register (70 FR 25010) that 

sought comments on the proposed fee 

increase. No comments were received. 

Regulatory Analyses and Notices 

Executive Order 12866 and DOT 

Regulatory Policies and Procedures 

This rulemaking is not considered a 

significant regulatory action under 

section 3(f) of Executive Order 12866 

and, therefore, was not reviewed by the 

Office of Management and Budget. This 

rule is not likely to result in an annual 

effect on the economy of $100 million 

or more. This rule is also not significant 

under the Regulatory Policies and 

Procedures of the Department of 

Transportation (44 FR 11034, February 

26, 1979). The costs and economic 

impact associated with this rulemaking 

are considered to be so minimal that no 

further analysis is necessary. 

Regulatory Flexibility Act 

In accordance with the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.), the 

Maritime Administrator certifies that 

this rule will not have a significant 

economic impact on a substantial 

number of small entities. While this rule 

will affect businesses that qualify as 

small entities under Small Business 

Administration guidelines, MARAD 

does not believe that the modest 

increase in this one-time, non-recurring 

fee (unless an applicant must reapply 

due to a revocation) will result in a 

significant economic impact on small 

entities. Further, MARAD is required 

under Federal directives to assess 

recipients of special governmental 

services reasonable charges to recover 

the costs of providing such services.