72740 Federal Register / Vol. 70, No. 234 / Wednesday, December 7, 2005 / Proposed Rules 

such sources; or disclose investigative 

techniques and procedures. 

(3) 5 U.S.C. 552a (e) (1). This 

provision of the Privacy Act requires 

each agency to maintain in its records 

only such information about an 

individual as is relevant and necessary 

to accomplish a purpose of the agency 

required to be accomplished by statute 

or executive order. The reasons for 

exempting this system of records from 

the foregoing provision are as follows: 

(i) The IRS will limit the system to 

those records that are needed for 

compliance with the provisions of Title 

26. However, an exemption from the 

foregoing is needed because, 

particularly in the early stages of an 

investigation, it is not possible to 

determine the relevance or necessity of 

specific information. 

(ii) Relevance and necessity are 

questions of judgment and timing. What 

appears relevant and necessary when 

first received may subsequently be 

determined to be irrelevant or 

unnecessary. It is only after the 

information is evaluated that the 

relevance and necessity of such 

information can be established with 

certainty. 

(4) 5 U.S.C. 552a (e) (4) (I). This 

provision of the Privacy Act requires the 

publication of the categories of sources 

of records in each system of records. 

The reasons for exempting this system 

of records from this provision are as 

follows: 

(i) Revealing categories of sources of 

information could disclose investigative 

techniques and procedures. 

(ii) Revealing categories of sources of 

information could cause sources who 

supply information to investigators to 

refrain from giving such information 

because of fear of reprisal, or fear of 

breach of promises of anonymity and 

confidentiality. 

As required by Executive Order 

12866, it has been determined that this 

proposed rule is not a significant 

regulatory action, and therefore, does 

not require a regulatory impact analysis. 

The regulation will not have a 

substantial direct effect on the States, on 

the relationship between the Federal 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, it is 

determined that this proposed rule does 

not have federalism implications under 

Executive Order 13132. 

Pursuant to the requirements of the 

Regulatory Flexibility Act, 5 U.S.C. 601–

612, it is hereby certified that these 

regulations will not significantly affect a 

substantial number of small entities. 

The proposed rule imposes no duties or 

obligations on small entities. 

In accordance with the provisions of 

the Paperwork Reduction Act of 1995, 

the Department of the Treasury has 

determined that this proposed rule 

would not impose new recordkeeping, 

application, reporting, or other types of 

information collection requirements. 

List of Subjects in 31 CFR Part 1 

Privacy. 

Part 1, subpart C of title 31 of the 

Code of Federal Regulations is amended 

as follows: 

PART 1—[AMENDED] 

1. The authority citation for part 1 

continues to read as follows: 

Authority: 5 U.S.C. 301 and 31 U.S.C. 321. 

Subpart A also issued under 5 U.S.C. 552 as 

amended. Subpart C also issued under 5 

U.S.C. 552a. 

2. Section 1.36 paragraph (g)(1)(viii) is 

amended by adding the following text to 

the table in numerical order. 

§ 1.36 Systems exempt in whole or in part 

from provisions of 5 U.S.C. 552a and this 

part. 

* * * * * 

(g) * * * 

(1) * * * 

(viii) * * * 

No. Name of system 

* * * * * 

IRS 50.222 ....... Tax Exempt/Government 

Entities Case Management Records. 

* * * * * 

* * * * * 

Dated: November 18, 2005. 

Sandra L. Pack, 

Assistant Secretary for Management and 

Chief Financial Officer. 

[FR Doc. E5–7001 Filed 12–6–05; 8:45 am] 

BILLING CODE 4830–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[R06–OAR–2005–TX–0030; FRL–8006–1] 

Approval and Promulgation of 

Implementation Plans; Texas; 

Revisions to Regulations for Control of 

Air Pollution by Permits for New 

Sources and Modifications 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The EPA proposes to approve 

revisions to the Texas State 

Implementation Plan (SIP) which the 

Texas Commission on Environmental 

Quality (TCEQ) submitted to EPA on 

February 5, 2004. The adopted 

amendments revise minimum distance 

limitation permit requirements for 

operation of new and modified sources 

to allow storage of an inoperative 

concrete crusher within 440 yards of a 

residence, school, or place of worship; 

define how distance measurements 

should be taken and when they would 

be applicable to concrete crushers and 

other facilities; and allow concrete 

crushers to recycle broken concrete at 

temporary demolition sites within 440 

yards of nearby buildings, unless the 

facility is located in a county with a 

population of 2.4 million or more, or in 

a county adjacent to such a county. The 

TCEQ also revised the existing distance 

limitation for hazardous waste 

management facilities to cross-reference 

duplicative language elsewhere in its 

regulations. This action is being taken 

under section 110 of the Federal Clean 

Air Act (the Act, or CAA). 

DATES: Written comments must be 

received on or before January 6, 2006. 

ADDRESSES: Comments may be mailed to 

Mr. David Neleigh, Chief, Air Permits 

Section (6PD–R), Environmental 

Protection Agency, 1445 Ross Avenue, 

Suite 1200, Dallas, Texas 75202–2733. 

Comments may also be submitted 

electronically or through hand delivery/ 

courier by following the detailed 

instructions in the Addresses section of 

the direct final rule located in the rules 

section of this Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Stanley M. Spruiell, Air Permits Section 

(6PD–R), Environmental Protection 

Agency, Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas 75202–2733, 

telephone (214) 665–7212; fax number 

(214) 665–7263; e-mail address 

spruiell.stanley@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

final rules section of this Federal 

Register, EPA is approving the State’s 

SIP submittal as a direct final rule 

without prior proposal because the 

Agency views this as a noncontroversial 

submittal and anticipates no adverse 

comments. A detailed rationale for the 

approval is set forth in the direct final 

rule. If no adverse comments are 

received in response to this action rule, 

no further activity is contemplated. If 

EPA receives adverse comments, the 

direct final rule will be withdrawn and 

all public comments received will be 

addressed in a subsequent final rule 

Federal Register / Vol. 70, No. 234 / Wednesday, December 7, 2005 / Proposed Rules 72741 

based on this proposed rule. EPA will 

not institute a second comment period. 

Any parties interested in commenting 

on this action should do so at this time. 

Please note that if EPA receives adverse 

comment on an amendment, paragraph, 

or section of this rule and if that 

provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. 

For additional information, see the 

direct final rule which is located in the 

‘‘Rules and Regulations’’ section of this 

Federal Register. 

Dated: November 30, 2005. 

Carl E. Edlund, 

Acting Regional Administrator, Region 6. 

[FR Doc. 05–23718 Filed 12–6–05; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[R08–OAR–2005–CO–0004; FRL–8005–8] 

Approval and Disapproval and 

Promulgation of Air Quality 

Implementation Plans; Colorado; 

Affirmative Defense Provisions for 

Startup and Shutdown; Common 

Provisions Regulation and Regulation 

No. 1 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to partially 

approve and partially disapprove a State 

Implementation Plan (SIP) revision 

submitted by the State of Colorado. The 

revision establishes affirmative defense 

provisions for source owners and 

operators for excess emissions during 

periods of startup and shutdown. The 

affirmative defense provisions are 

contained in the State of Colorado’s 

Common Provisions regulation. The 

intended effect of this action is to 

propose to approve those portions of the 

rule that are approvable and to propose 

to disapprove those portions of the rule 

that are inconsistent with the Clean Air 

Act. This action is being taken under 

section 110 of the Clean Air Act. In 

addition, EPA is announcing that it no 

longer considers the State of Colorado’s 

May 27, 1998 submittal of revisions to 

Regulation No. 1 to be an active SIP 

submittal. Those revisions, which we 

proposed to disapprove on September 2, 

1999 and October 7, 1999, would have 

provided exemptions from existing 

limitations on opacity and sulfur 

dioxide (SO2) emissions for coal-fired 

electric utility boilers during periods of 

startup, shutdown, and upset. Since our 

proposed disapproval, the State of 

Colorado has removed or replaced the 

provisions in Regulation No. 1 that we 

proposed to disapprove, and has instead 

pursued adoption of the affirmative 

defense provisions in the State of 

Colorado’s Common Provisions 

regulation that we are considering 

today. 

DATES: Comments must be received on 

or before January 6, 2006. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. R08–OAR–

2005–CO–0004, by one of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Agency Web site: http:// 

docket.epa.gov/rmepub/index.jsp. 

Regional Materials in EDOCKET (RME), 

EPA’s electronic public docket and 

comment system for regional actions, is 

EPA’s preferred method for receiving 

comments. Follow the on-line 

instructions for submitting comments. 

• E-mail: long.richard@epa.gov and 

ostrand.laurie@epa.gov. 

• Fax: (303) 312–6064 (please alert 

the individual listed in the FOR FURTHER

INFORMATION CONTACT section if you are 

faxing comments). 

• Mail: Richard R. Long, Director, Air 

and Radiation Program, Environmental 

Protection Agency (EPA), Region 8, 

Mailcode 8P–AR, 999 18th Street, Suite 

200, Denver, Colorado 80202–2466. 

• Hand Delivery: Richard R. Long, 

Director, Air and Radiation Program, 

Environmental Protection Agency 

(EPA), Region 8, Mailcode 8P–AR, 999 

18th Street, Suite 300, Denver, Colorado 

80202–2466. Such deliveries are only 

accepted Monday through Friday, 8 a.m. 

to 4:55 p.m., excluding Federal 

holidays. Special arrangements should 

be made for deliveries of boxed 

information. 

Instructions: Direct your comments to 

Docket ID No. R08–OAR–2005–CO–

0004. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available at http://docket.epa.gov/ 

rmepub/index.jsp, 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 EDOCKET, 

regulations.gov, or e-mail. The EPA’s 

Regional Materials in EDOCKET and 

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 

EDOCKET or regulations.gov, your email 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. For additional information 

about EPA’s public docket visit 

EDOCKET online or see the Federal 

Register of May 31, 2002 (67 FR 38102). 

For additional instructions on 

submitting comments, go to Section I. 

General Information of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Docket: All documents in the docket 

are listed in the Regional Materials in 

EDOCKET index at http:// 

docket.epa.gov/rmepub/index.jsp. 

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 

Regional Materials in EDOCKET or in 

hard copy at the Air and Radiation 

Program, Environmental Protection 

Agency (EPA), Region 8, 999 18th 

Street, Suite 300, Denver, Colorado 

80202–2466. EPA requests that if at all 

possible, you contact the individual 

listed in the FOR FURTHER INFORMATION

CONTACT section to view the hard copy 

of the docket. You may view the hard 

copy of the docket Monday through 

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

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Laurie Ostrand, Air and Radiation 

Program, Mailcode 8P–AR, 

Environmental Protection Agency 

(EPA), Region 8, 999 18th Street, Suite 

200, Denver, Colorado 80202–2466, 

(303) 312–6437, ostrand.laurie@epa.gov. 

SUPPLEMENTARY INFORMATION: