Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Rules and Regulations 69439 

may be seen in the Division of Dockets 

Management (HFA–305), Food and Drug 

Administration, 5630 Fishers Lane, rm. 

1061, Rockville, MD 20852, between 9 

a.m. and 4 p.m., Monday through 

Friday. 

The agency has carefully considered 

the potential environmental impact of 

this action and has concluded that the 

action will not have a significant impact 

on the human environment and that an 

environmental impact statement is not 

required. FDA’s finding of no significant 

impact and the evidence supporting that 

finding, contained in an environmental 

assessment, may be seen in the Division 

of Dockets Management between 9 a.m. 

and 4 p.m., Monday through Friday. 

This rule does not meet the definition 

of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because 

it is a rule of ‘‘particular applicability.’’

Therefore, it is not subject to the 

congressional review requirements in 5 

U.S.C. 801–808. 

List of Subjects in 21 CFR Part 520 

Animal drugs. 

■ Therefore, under the Federal Food, 

Drug, and Cosmetic Act and under the 

authority delegated to the Commissioner 

of Food and Drugs and redelegated to 

the Center for Veterinary Medicine, 21 

CFR part 520 is amended as follows: 

PART 520—ORAL DOSAGE FORM 

NEW ANIMAL DRUGS 

■ 1. The authority citation for 21 CFR 

part 520 continues to read as follows: 

Authority: 21 U.S.C. 360b. 

■ 2. In § 520.2640, revise paragraph (e) 

introductory text, and add paragraph 

(e)(4) to read as follows: 

§ 520.2640 Tylosin. 

* * * * * 

(e) Conditions of use—

* * * * * 

(4) Honey bees—(i) Amount. Mix 200 

milligrams tylosin in 20 grams 

confectioners’/powdered sugar. Use 

immediately. Apply (dust) this mixture 

over the top bars of the brood chamber 

once weekly for 3 weeks. 

(ii) Indications for use. For the control 

of American foulbrood (Paenibacillus 

larvae). 

(iii) Limitations. The drug should be 

fed early in the spring or fall and 

consumed by the bees before the main 

honey flow begins, to avoid 

contamination of production honey. 

Complete treatments at least 4 weeks 

before main honey flow. 

Dated: November 3, 2005. 

Stephen F. Sundlof, 

Director, Center for Veterinary Medicine. 

[FR Doc. 05–22752 Filed 11–15–05; 8:45 am] 

BILLING CODE 4160–01–S 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[CGD01–05–100] 

Drawbridge Operation Regulations: 

Connecticut River, CT 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, First Coast 

Guard District, has issued a temporary 

deviation from the drawbridge operation 

regulations for the Amtrak Old 

Saybrook-Old Lyme Bridge, mile 3.4, 

across the Connecticut River, 

Connecticut. This deviation from the 

regulations allows the bridge to operate 

on a fixed schedule for bridge openings 

from November 21, 2005 through 

December 22, 2005. This deviation is 

necessary in order to facilitate necessary 

scheduled bridge maintenance. 

DATES: This deviation is effective from 

November 21, 2005 through December 

22, 2005. 

FOR FURTHER INFORMATION CONTACT: Judy 

Leung-Yee, Project Officer, First Coast 

Guard District, at (212) 668–7195. 

SUPPLEMENTARY INFORMATION: The Old 

Saybrook-Old Lyme Bridge, at mile 3.4, 

across the Connecticut River has a 

vertical clearance in the closed position 

of 19 feet at mean high water and 22 feet 

at mean low water. The existing 

drawbridge operating regulations are 

listed at 33 CFR 117.205(b). 

The owner of the bridge, National 

Railroad Passenger Corporation 

(Amtrak), requested a temporary 

deviation from the drawbridge operating 

regulations to facilitate scheduled 

electrical bridge repairs. In order to 

complete the above repairs the bridge 

must open on a fixed bridge opening 

schedule. 

This deviation to the operating 

regulations allows the Old SaybrookOld Lyme Bridge to operate from 

November 21, 2005 through December 

22, 2005, as follows: 

From Monday through Friday, the 

bridge shall open on signal at 8:15 a.m., 

12:15 p.m., and 2:15 p.m., daily. From 

4 p.m. through 8 a.m. the bridge shall 

open on signal after a four-hour advance 

notice is given by calling the number 

posted at the bridge. 

On Saturday and Sunday, the bridge 

shall open on signal at 8 a.m., 10 a.m., 

1 p.m., and 4 p.m., daily. From 4 p.m. 

through 8 a.m. the bridge shall open on 

signal after a four-hour advance notice 

is given by calling the number posted at 

the bridge. 

The bridge shall open on signal for 

commercial vessels at any time after a 

four-hour advance notice is given by 

calling the number posted at the bridge. 

In accordance with 33 CFR 117.35(c), 

this work will be performed with all due 

speed in order to return the bridge to 

normal operation as soon as possible. 

This deviation from the operating 

regulations is authorized under 33 CFR 

117.35. 

Dated: November 4, 2005. 

Gary Kassof, 

Bridge Program Manager, First Coast Guard 

District. 

[FR Doc. 05–22647 Filed 11–15–05; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[CGD08–05–052] 

Drawbridge Operation Regulations; 

Berwick Bay, Morgan City, LA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, Eighth 

Coast Guard District, has issued a 

temporary deviation from the regulation 

governing the operation of the 

Burlington Northern Railway Vertical 

Lift Span Railroad Bridge across 

Berwick Bay, mile 17.5 [Gulf 

Intracoastal Waterway (Morgan City to 

Port Allen Alternate Route), mile 0.4], at 

Morgan City, St. Mary Parish, Louisiana. 

This deviation provides for two (2) fourhour bridge closures to conduct 

scheduled maintenance to the railroad 

on the drawbridge. 

DATES: This deviation is effective from 

8 a.m. on Tuesday, November 29, 2005 

until noon on Wednesday, November 

30, 2005. 

ADDRESSES: Materials referred to in this 

document are available for inspection or 

copying at the office of the Eighth Coast 

Guard District, Bridge Administration 

Branch, Hale Boggs Federal Building, 

room 1313, 500 Poydras Street, New 

Orleans, Louisiana 70130–3310 between 

69440 Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Rules and Regulations 

7 a.m. and 3 p.m., Monday through 

Friday, except Federal holidays. The 

telephone number is (504) 589–2965. 

The Bridge Administration Branch of 

the Eighth Coast Guard District 

maintains the public docket for this 

temporary deviation. 

FOR FURTHER INFORMATION CONTACT: 

David Frank, Bridge Administration 

Branch, telephone (504) 589–2965. 

SUPPLEMENTARY INFORMATION: The 

Burlington Northern Railway Company 

has requested a temporary deviation in 

order to repair and replace broken bolts 

on the lift span of the bridge across 

Berwick Bay, mile 17.5, at Morgan City, 

St. Mary Parish, Louisiana. This 

maintenance is essential for the 

continued safe operation of the railroad 

bridge. This temporary deviation will 

allow the bridge to remain in the closedto-navigation position from 8 a.m. until 

noon on Tuesday, November 29, 2005 

and Wednesday, November 30, 2005. 

The vertical lift span bridge has a 

vertical clearance of 4 feet above 

National Geodetic Vertical Datum 

(NGVD) in the closed-to-navigation 

position and 73 feet above NGVD in the 

open-to-navigation position. Navigation 

at the site of the bridge consists of tugs 

with tows transporting petroleum 

products, chemicals and construction 

equipment, commercial fishing vessels, 

oil industry related work boats and crew 

boats and some recreational craft. Since 

the lift span of the bridge will only be 

closed to navigation four hours per day 

for two days, ample time will be 

allowed for commercial and recreational 

vessels to schedule transits. 

Accordingly, it has been determined 

that this closure will not have a 

significant effect on vessel traffic. The 

bridge normally remains in the open-tonavigation position until a train enters 

the signal block, requiring it to close. An 

average number of openings for the 

passage of vessels is, therefore, not 

available. During the repair period, the 

bridge may open for emergencies; 

however, delays should be expected to 

remove all equipment from the bridge. 

The Intracoastal Waterway—Morgan 

City to Port Allen Landside Route is an 

alternate route for vessels with less than 

a 12-foot draft. 

In accordance with 33 CFR 117.35(c), 

this work will be performed with all due 

speed in order to return the bridge to 

normal operation as soon as possible. 

This deviation from the operating 

regulations is authorized under 33 CFR 

117.35. 

Dated: November 7, 2005. 

Marcus Redford, 

Bridge Administrator. 

[FR Doc. 05–22646 Filed 11–15–05; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[RME NO. R03–OAR–2004–MD–0010; FRL–

7997–5] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Metropolitan Washington, 

DC 1-Hour Ozone Attainment Plan, 

Lifting of Earlier Rules Resulting in 

Removal of Sanctions and Federal 

Implementation Clocks 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of Maryland. 

This SIP revision is Maryland’s 

attainment plan for the Metropolitan 

Washington, DC severe 1-hour ozone 

nonattainment area (the Washington 

area). EPA previously disapproved in 

part a 1-hour ozone attainment plan for 

the Maryland portion of the Washington 

area and issued a protective finding. 

This approval lifts the protective 

finding. EPA is also now determining 

that Maryland has submitted all 

required elements of a severe-area 1- 

hour ozone attainment demonstration 

and is thus stopping the sanctions and 

FIP clocks that were started through a 

finding that the State of Maryland had 

failed to submit one of the required 

elements of a severe-area 1-hour 

attainment plan. The intended effect of 

this action is to approve Maryland’s 1- 

hour ozone attainment plan for the 

Washington area and determine that 

Maryland now has a fully-approved 1- 

hour attainment plan and thus to turn 

off the sanctions and FIP clocks started 

based on a finding that one element of 

the plan was missing and to lift the 

protective finding that was issued when 

EPA disapproved Maryland’s earlier 

plan in part. These final actions are 

being taken under the Clean Air Act 

(CAA or the Act). 

DATES: This final rule is effective on 

December 16, 2005. 

ADDRESSES: EPA has established a 

docket for this action under Regional 

Material in EDocket (RME) ID Number 

R03–OAR–2004–MD–0010. All 

documents in the docket are listed in 

the RME index at http:// 

www.docket.epa.gov/rmepub/. Once in 

the system, select ‘‘quick search,’’ then 

key in the appropriate RME 

identification number. Although listed 

in the electronic docket, some 

information is not publicly available, 

i.e., confidential business information 

(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. 

Publicly available docket materials are 

available either electronically in RME or 

in hard copy for public inspection 

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 Maryland Department of 

the Environment, 1800 Washington 

Boulevard, Suite 705, Baltimore, 

Maryland 21230. 

FOR FURTHER INFORMATION CONTACT: 

Christopher Cripps, (215) 814–2179, or 

by e-mail at cripps.christopher@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document the terms 

‘‘we,’’ ‘‘our,’’ and ‘‘its’’ refer to the EPA. 

I. Background 

On July 15, 2005 (70 FR 40946), EPA 

published a notice of proposed 

rulemaking (NPR) for the State of 

Maryland. The NPR proposed approval 

of Maryland’s attainment plan for the 

Metropolitan Washington, DC severe 1- 

hour ozone nonattainment area (the 

Washington area). Concurrently, EPA 

proposed to rescind its earlier final rule 

which disapproved and granted a 

protective finding for Maryland’s 1-hour 

ozone attainment plan for the 

Washington area. In that July 15, 2005 

notice of proposed rulemaking, EPA 

also proposed to rescind its earlier rule 

finding that the State of Maryland failed 

to submit one required element of a 

severe 1-hour ozone attainment plan, 

namely that for a penalty fee program 

required under sections 182(d)(3) and 

185 of the Act. 

II. Public Comments and EPA 

Responses 

A. Overview 

EPA received comments dated August 

15, 2005 opposing our proposed action 

to approve Maryland’s 1-hour ozone 

attainment plan for the Washington, DC 

area in the absence of an approved SIP 

revision for a section 185 penalty fee 

program covering the Maryland portion 

of the Washington area.