69130 Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Proposed Rules 

responsibilities between the Federal 

Government and Indian tribes. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Commandant Instruction M16475.lD, 

which guides the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have made a preliminary determination 

that there are no factors in this case that 

would limit the use of a categorical 

exclusion under section 2.B.2 of the 

Instruction. Therefore we believe this 

rule should be categorically excluded, 

under figure 2–1, paragraph 34(g) from 

further environmental documentation. 

This temporary rule establishes a 

regulated navigation area and as such is 

covered by this paragraph. 

A final ‘‘Environmental Analysis 

Check List’’ and a final ‘‘Categorical 

Exclusion Determination’’ are available 

in the docket where indicated under 

ADDRESSES. Comments on this section 

will be considered before we make the 

final decision on whether the rule 

should be categorically excluded from 

further environmental review. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701; 50 U.S.C. 191, 195; 33 CFR 

1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

2. Add § 165.923 to read as follows: 

§ 165.923 Regulated Navigation Area 

between mile markers 296.1 and 296.7 of 

the Chicago Sanitary and Ship Canal 

located near Romeoville, IL. 

(a) Location. The following is a 

Regulated Navigation Area: All waters 

of the Chicago Sanitary and Ship Canal, 

Romeoville, IL between the north side of 

Romeo Road Bridge Mile Marker 296.1, 

and the south side of the Aerial Pipeline 

Mile Marker 296.7. 

(b) Regulations. (1) The general 

regulations contained in 33 CFR 165.13 

apply. 

(2) All vessels are prohibited from 

loitering in the regulated navigation 

area. 

(3) Vessels may enter the regulated 

navigation area for the sole purpose of 

transiting to the other side, and must 

maintain headway throughout the 

transit. 

(4) All personnel on open decks must 

wear a Coast Guard approved Type I 

personal flotation device while in the 

regulated navigation area. 

(5) Vessels may not moor or lay up on 

the right or left descending banks of the 

regulated navigation area. 

(6) Towboats may not make or break 

tows in the regulated navigation area. 

(7) Vessels may not pass (meet or 

overtake) in the regulated navigation 

area and must make a SECURITE call 

when approaching the barrier to 

announce intentions and work out 

passing arrangements on either side. 

(8) Commercial tows transiting the 

regulated navigation area must be made 

up with wire rope to ensure electrical 

connectivity between all segments of the 

tow. 

(c) Compliance. All persons and 

vessels shall comply with this rule and 

any additional instructions of the Ninth 

Coast Guard District Commander, or his 

designated representative. The Captain 

of the Port, Lake Michigan is a 

designated representative of the District 

Commander for the purposes of this 

rule. 

Dated: October 31, 2005. 

T.W. Sparks, 

Captain, U.S. Coast Guard, Commander, 

Ninth Coast Guard District, Acting. 

[FR Doc. 05–22497 Filed 11–10–05; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[R05–OAR–2005–IN–0009; FRL–7996–1] 

Approval and Promulgation of 

Implementation Plans and Designation 

of Areas for Air Quality Planning 

Purposes; Indiana; Redesignation of 

Greene County and Jackson County 8- 

Hour Ozone Nonattainment Areas to 

Attainment for Ozone 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to make 

determinations that the Greene County 

and Jackson County ozone 

nonattainment areas have attained the 8- 

hour ozone National Ambient Air 

Quality Standard (NAAQS). These 

proposed determinations are based on 

three years of complete, quality-assured 

ambient air quality monitoring data for 

the 2002–2004 seasons that demonstrate 

that the 8-hour ozone NAAQS has been 

attained in the areas. 

EPA is proposing to approve requests 

from the State of Indiana to redesignate 

the Greene County and Jackson County 

areas to attainment of the 8-hour ozone 

NAAQS. These requests were submitted 

by the Indiana Department of 

Environmental Management (IDEM) on 

July 15, 2005 and supplemented on 

September 6, 2005, September 7, 2005, 

October 6, 2005, and October 20, 2005. 

In proposing to approve these requests, 

EPA is also proposing to approve the 

State’s plans for maintaining the 8-hour 

ozone NAAQS through 2015 in these 

areas 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 these areas. 

In the final rules section of this 

Federal Register, EPA is approving the 

SIP revisions as a direct final rule 

without prior proposal, because EPA 

Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Proposed Rules 69131 

views these actions as noncontroversial 

and anticipates no adverse comments. A 

detailed rationale for the approvals 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 

these proposed rule. If EPA receives 

adverse comments with respect to an 

area addressed by these rules, we will 

publish a timely withdrawal of the 

action affecting that area, informing the 

public that the rule will not take effect 

with respect to that area. 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 commenting 

on this action should do so at this time. 

DATES: Written comments must be 

received on or before December 14, 

2005. 

ADDRESSES: Submit comments, 

identified by Regional Material in 

EDocket (RME) ID No. R05–OAR–2005–

IN–0009, 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–0009. 

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 

Kathleen D’Agostino, Environmental 

Engineer, at (312) 886–1767 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: 

Kathleen D’Agostino, Environmental 

Engineer, Criteria Pollutant Section, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–1767, 

dagostino.kathleen@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 determinations that the Greene 

County and Jackson County, Indiana 

nonattainment areas have attained the 8- 

hour ozone standard and that Greene 

and Jackson Counties have met the 

requirements for redesignation under 

section 107(d)(3)(E). EPA is thus 

proposing to approve requests to change 

the legal designations of the Greene 

County and Jackson County areas from 

nonattainment to attainment for the 8- 

hour ozone NAAQS. EPA is also 

proposing to approve Indiana’s 

maintenance plan SIP revisions for 

Greene and Jackson Counties (such 

approval being one of the Clean Air Act 

criteria for redesignation to attainment 

status). The maintenance plans are 

designed to keep Greene and Jackson 

Counties 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 MVEBs. The 

Adequacy comment periods for the 2015 

MVEBs began on August 2, 2005, with 

EPA’s posting of the availability of these 

submittals on EPA’s Adequacy Web site 

(at http://www.epa.gov/otaq/transp/ 

conform/adequacy.htm). The Adequacy 

comment periods for these MVEBs 

ended on September, 1 2005. No 

requests for these submittals or adverse 

comments on these submittals 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 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 Kathleen 

D’Agostino at (312) 886–1767 before 

visiting the Region 5 Office.) 

Dated: November 1, 2005. 

Bharat Mathur, 

Acting Regional Administrator, Region 5. 

[FR Doc. 05–22465 Filed 11–10–05; 8:45 am] 

BILLING CODE 6560–50–P