69488 Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Proposed Rules 

2. Section 16.97 is amended by 

adding paragraphs (p) and (q) to read as 

follows: 

§ 16.97 Exemption of Bureau of Prisons 

Systems—limited access. 

* * * * * 

(p) The following system of records is 

exempt from 5 U.S.C. 552a (c)(3) and 

(4), (d)(1)–(4), (e)(2) and (3), (e)(5), and 

(g): 

Inmate Electronic Message Record 

System (JUSTICE /BOP–013). 

(q) These exemptions apply only to 

the extent that information in this 

system is subject to exemption pursuant 

to 5 U.S.C. 552a (j)(2) and/or (k)(2). 

Where compliance would not appear to 

interfere with or adversely affect the law 

enforcement process, and/or where it 

may be appropriate to permit 

individuals to contest the accuracy of 

the information collected, the applicable 

exemption may be waived, either 

partially or totally, by the BOP. 

Exemptions from the particular 

subsections are justified for the 

following reasons: 

(1) From subsection (c)(3) to the 

extent that this system of records is 

exempt from subsection (d), and for 

such reasons as those cited for 

subsection (d) in paragraph (q)(3) below. 

(2) From subsection (c)(4) to the 

extent that exemption from subsection 

(d) makes this exemption inapplicable. 

(3) From the access provisions of 

subsection (d) because exemption from 

this subsection is essential to prevent 

access of information by record subjects 

that may invade third party privacy; 

frustrate the investigative process; 

jeopardize the legitimate correctional 

interests of safety, security and good 

order to prison facilities; or otherwise 

compromise, impede, or interfere with 

BOP or other law enforcement agency 

activities. 

(4) From the amendment provisions of 

subsection (d) because amendment of 

the records may interfere with law 

enforcement operations and would 

impose an impossible administrative 

burden by requiring that, in addition to 

efforts to ensure accuracy so as to 

withstand possible judicial scrutiny, it 

would require that law enforcement 

information be continuously 

reexamined, even where the information 

may have been collected from the record 

subject. Also, some of these records 

come from other Federal criminal 

justice agencies or State, local and 

foreign jurisdictions, or from Federal 

and State probation and judicial offices, 

and it is administratively impossible to 

ensure that records comply with this 

provision. 

(5) From subsection (e)(2) because the 

nature of criminal and other 

investigative activities is such that vital 

information about an individual can be 

obtained from other persons who are 

familiar with such individual and his/ 

her activities. In such investigations it is 

not feasible to rely solely upon 

information furnished by the individual 

concerning his/her own activities since 

it may result in inaccurate information 

and compromise ongoing criminal 

investigations or correctional 

management decisions. 

(6) From subsection (e)(3) because in 

view of BOP’s operational 

responsibilities, application of this 

provision to the collection of 

information is inappropriate. 

Application of this provision could 

provide the subject with substantial 

information which may in fact impede 

the information gathering process or 

compromise ongoing criminal 

investigations or correctional 

management decisions. 

(7) From subsection (e)(5) because in 

the collection and maintenance of 

information for law enforcement 

purposes, it is impossible to determine 

in advance what information is 

accurate, relevant, timely and complete. 

Material which may seem unrelated, 

irrelevant or incomplete when collected 

may take on added meaning or 

significance at a later date or as an 

investigation progresses. Also, some of 

these records may come from other 

Federal, State, local and foreign law 

enforcement agencies, and from Federal 

and State probation and judicial offices 

and it is administratively impossible to 

ensure that the records comply with this 

provision. It would also require that law 

enforcement information be 

continuously reexamined even where 

the information may have been 

collected from the record subject. 

(8) From subsection(g) to the extent 

that this system is exempted from other 

provisions of the Act. 

Dated: November 7, 2005. 

Paul R. Corts, 

Assistant Attorney General for 

Administration. 

[FR Doc. 05–22642 Filed 11–15–05; 8:45 am] 

BILLING CODE 4410–05–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR PART 52 

[R05–OAR–2005–IN–0008; FRL–7997–7] 

Determination of Attainment, Approval 

and Promulgation of Implementation 

Plans and Designation of Areas for Air 

Quality Planning Purposes; Indiana; 

Redesignation of Delaware County to 

Attainment of the 8-Hour Ozone 

Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to make a 

determination that the Delaware County 

ozone nonattainment area has attained 

the 8-hour ozone National Ambient Air 

Quality Standard (NAAQS). This 

proposed determination is based on 

three years of complete, quality-assured 

ambient air quality monitoring data for 

the period of 2002–2004 that 

demonstrate that the 8-hour ozone 

NAAQS has been attained in the area. 

EPA is proposing to approve a request 

from the State of Indiana to redesignate 

Delaware County to attainment of the 8- 

hour ozone NAAQS. This request was 

submitted by the Indiana Department of 

Environmental Management (IDEM) on 

August 25, 2005. In proposing to 

approve this request, EPA is also 

proposing to approve the State’s plan for 

maintaining the 8-hour ozone NAAQS 

through 2015 in this area as a revision 

to the Indiana State Implementation 

Plan (SIP). EPA is also proposing to find 

adequate and approve the State’s 2015 

Motor Vehicle Emission Budgets 

(MVEBs) for this area. 

In the final rules section of this 

Federal Register, EPA is approving the 

State’s ozone redesignation request and 

the requested SIP revision as a direct 

final rule without prior proposal 

because EPA views this action as noncontroversial and anticipates no adverse 

comments. A detailed rationale for the 

approval is set forth in the direct final 

rule. If we do not receive any adverse 

comments in response to these direct 

final and proposed rules, we do not 

contemplate taking any further action in 

relation to this proposed rule. If EPA 

receives adverse comments with respect 

to this rule, we will publish a timely 

withdrawal of the action, informing the 

public that the rule will not take effect. 

EPA will respond to the public 

comments in a subsequent final rule 

based on this proposed rule. EPA will 

not institute a second comment period 

on this action. Any parties interested in 

Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Proposed Rules 69489 

commenting on this action should do so 

at this time. 

DATES: Written comments must be 

received on or before December 16, 

2005. 

ADDRESSES: Submit comments, 

identified by Regional Material in 

EDocket (RME) ID No. R05–OAR–2005–

IN–0008, by one of the following 

methods: 

1. Federal eRulemaking Portal: 

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

on-line instructions for submitting 

comments. 

2. Agency Web site: http:// 

docket.epa.gov/rmepub/. RME, EPA’s 

electronic public docket and comments 

system, is EPA’s preferred method for 

receiving comments. Once in the 

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

in the appropriate RME Docket 

identification number. Follow the online instructions for submitting 

comments. 

3. E-mail: mooney.john@epa.gov. 

4. Fax: (312) 886–5824. 

5. Mail: You may send written 

comments to: John M. Mooney, Chief, 

Criteria Pollutant Section, (AR–18J), 

U.S. Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604. 

6. Hand delivery: Deliver your 

comments to: John M. Mooney, Chief, 

Criteria Pollutant Section, (AR–18J), 

U.S. Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

18th floor, Chicago, Illinois 60604. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 a.m. to 4:30 p.m. excluding 

Federal holidays. 

Instructions: Direct your comments to 

RME ID No. R05–OAR–2005–IN–0008. 

EPA’s policy is that all comments 

received will be included in the public 

docket without change, including any 

personal information provided and may 

be made available online at http:// 

docket.epa.gov/rmepub/, 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 Web site and 

the Federal regulations.gov Web site are 

‘‘anonymous access’’ systems, 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. 

Publicly available docket materials are 

available either electronically in RME or 

in hard copy at the Environmental 

Protection Agency, Region 5, Air and 

Radiation Division, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. We 

recommend that you telephone Edward 

Doty, Environmental Scientist, at (312) 

886–6057 before visiting the Region 5 

office. This Facility is open from 8:30 

a.m. to 4:30 p.m., Monday through 

Friday, excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Edward Doty, Environmental Scientist, 

Criteria Pollutant Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 886–6057, 

doty.edward@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

I. What Action Is EPA Taking? 

EPA is proposing to take several 

related actions. EPA is proposing to 

make a determination that the Delaware 

County, Indiana nonattainment area has 

attained the 8-hour ozone standard and 

that Delaware County has met the 

requirements for redesignation under 

section 107(d)(3)(E) of the Clean Air 

Act. EPA is thus proposing to approve 

a request to change the legal designation 

of Delaware County from nonattainment 

to attainment for the 8-hour ozone 

NAAQS. EPA is also proposing to 

approve Indiana’s maintenance plan as 

a SIP revision for Delaware County 

(such approval being one of the Clean 

Air Act criteria for redesignation of an 

area to attainment status). The 

maintenance plan is designed to keep 

Delaware County in attainment of the 

ozone NAAQS for the next 10 years. 

Additionally, EPA is announcing its 

action on the Adequacy Process for the 

newly-established 2015 Volatile Organic 

Compounds (VOC) and Nitrogen Oxides 

(NOX) MVEBs for this area. The 

Adequacy comment periods for the 2015 

MVEBs began on August 2, 2005, with 

EPA’s posting of the availability of the 

State’s submittal on EPA’s Adequacy 

Web site at: http://www.epa.gov/otaq/ 

transp/conform/adequacy.htm. The 

Adequacy comment period for these 

MVEBs ended on September 1, 2005. No 

requests for this submittal or adverse 

comments on this submittal were 

received during the Adequacy comment 

periods. Please see the Adequacy 

Section of this rulemaking for further 

explanation on this process. Therefore, 

we are finding adequate and approving 

the State’s 2015 VOC and NOX MVEBs 

for transportation conformity purposes. 

II. Where Can I Find More Information 

About This Proposal and the 

Corresponding Direct Final Rule? 

For additional information, see the 

Direct Final Rule which is located in the 

Rules section of this Federal Register. 

Copies of the request and the EPA’s 

analysis are available electronically at 

RME or in hard copy at the above 

address. (Please telephone Edward Doty 

at (312) 886–6057 before visiting the 

Region 5 Office.) 

Dated: November 9, 2005. 

Margaret Guerriero, 

Acting Regional Administrator, Region 5. 

[FR Doc. 05–22695 Filed 11–15–05; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[OPP–2005–0251; FRL–7741–6] 

Inert Ingredients; Proposal to Revoke 

30 Pesticide Tolerance Exemptions for 

28 Chemicals 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to revoke 30 

exemptions from the requirement of a 

tolerance that are associated with 28 

inert ingredients because these 

substances are no longer contained in 

active Federal Insecticide, Fungicide,