Federal Register / Vol. 70, No. 226 / Friday, November 25, 2005 / Rules and Regulations 70999 

(e) * * * 

(3) Swine—(i) Amount. Administer 

2.2 mg/kg (1.0 mg/lb) of body weight as 

a single intramuscular injection. 

(ii) Indications for use. For the control 

of pyrexia associated with swine 

respiratory disease. 

(iii) Limitations. Swine must not be 

slaughtered for human consumption 

within 12 days of last treatment. 

PART 556—TOLERANCES FOR 

RESIDUES OF NEW ANIMAL DRUGS 

IN FOOD 

■ 3. The authority citation for 21 CFR 

part 556 continues to read as follows: 

Authority: 21 U.S.C. 342, 360b, 371. 

■ 4. Section 556.286 is amended by 

adding paragraph (b)(2) to read as 

follows: 

§ 556.286 Flunixin. 

* * * * * 

(b) * * * 

(2) Swine. The tolerance for flunixin 

free acid (the marker residue) is: 

(i) Liver (the target tissue). 30 ppb. 

(ii) Muscle. 25 ppb. 

* * * * * 

Dated: November 15, 2005. 

Steven D. Vaughn, 

Director, Office of New Animal Drug 

Evaluation, Center for Veterinary Medicine. 

[FR Doc. 05–23294 Filed 11–23–05; 8:45 am] 

BILLING CODE 4160–01–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[R05–OAR–2005–IN–0007; FRL–7999–3] 

Approval and Promulgation of 

Implementation Plan; Indiana 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The EPA is approving 

Indiana’s April 8, 2005, submittal which 

revises existing sulfur dioxide (SO2) 

emission limits for sources in Dearborn 

County, makes minor corrections 

removing obsolete rule language, and 

updates information for sources listed in 

the rule. These revisions will not result 

in an increase in SO2 emissions in 

Dearborn County because no emission 

limits were increased. 

DATES: This rule is effective on January 

24, 2006, unless EPA receives adverse 

written comments by December 27, 

2005. If EPA receives adverse 

comments, EPA will publish a timely 

withdrawal of the rule in the Federal 

Register and inform the public that the 

rule will not take effect. 

ADDRESSES: Submit comments, 

identified by Regional Material in 

EDocket (RME) ID No. R05–OAR–2005–

IN–0007, 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/. Regional 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. 

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

Fax: (312) 886–5824. 

Mail: You may send written 

comments to: John M. Mooney, Chief, 

Criteria Pollutant Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

Hand delivery: Deliver your 

comments to: John M. Mooney, Chief, 

Criteria Pollutant Section, Air Programs 

Branch, (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–0007. 

EPA’s policy is that all comments 

received will be included in the public 

docket without change, 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 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. For additional instructions on 

submitting comments, go to Section I of 

the SUPPLEMENTARY INFORMATION section 

of the related proposed rule which is 

published in the Proposed Rules section 

of this Federal Register. 

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. 

Publicly available docket materials are 

available either electronically in RME or 

in hard copy at Environmental 

Protection Agency, Region 5, Air and 

Radiation Division, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. We 

recommend that you telephone Charles 

Hatten, Environmental Engineer, at 

(312) 886–6031 before visiting the 

Region 5 office. This Facility is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. 

FOR FURTHER INFORMATION CONTACT: 

Charles Hatten, 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) 886–6031, 

hatten.charles@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. This supplementary information 

section is arranged as follows: 

I. General Information. 

A. Does This Action Apply to Me? 

B. How Can I Get Copies of This Document 

and Other Related Information? 

C. How and to Whom Do I Submit 

Comments? 

II. What Is EPA Approving? 

III. What Are the Changes From the Current 

Rule? 

IV. What Action Is EPA Taking Today? 

V. Statutory and Executive Order Reviews. 

I. General Information 

A. Does This Action Apply to Me? 

This action only applies to specific 

SO2 sources located in Dearborn 

County, Indiana. 

71000 Federal Register / Vol. 70, No. 226 / Friday, November 25, 2005 / Rules and Regulations 

B. How Can I Get Copies of This 

Document and Other Related 

Information? 

1. The Regional Office has established 

an electronic public rulemaking file 

available for inspection at RME under 

ID No. R05–OAR–2005–IN–0007, and a 

hard copy file which is available for 

inspection at the Regional Office. The 

official public file consists of the 

documents specifically referenced in 

this action, any public comments 

received, and other information related 

to this action. Although a part of the 

official docket, the public rulemaking 

file does not include CBI or other 

information whose disclosure is 

restricted by statute. The official public 

rulemaking file is the collection of 

materials that is available for public 

viewing at the Air Programs Branch, Air 

and Radiation Division, EPA Region 5, 

77 West Jackson Boulevard, Chicago, 

Illinois 60604. EPA requests that, if at 

all possible, you contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section to schedule your 

inspection. The Regional Office’s 

official hours of business are Monday 

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

excluding Federal holidays. 

2. Electronic Access. You may access 

this Federal Register document 

electronically through the 

regulations.gov Web site located at 

http://www.regulations.gov where you 

can find, review, and submit comments 

on Federal rules that have been 

published in the Federal Register, the 

Government’s legal newspaper, and that 

are open for comment. 

For public commenters, it is 

important to note that EPA’s policy is 

that public comments, whether 

submitted electronically or in paper, 

will be made available for public 

viewing at the EPA Regional Office, as 

EPA receives them and without change, 

unless the comment contains 

copyrighted material, CBI, or other 

information whose disclosure is 

restricted by statute. When EPA 

identifies a comment containing 

copyrighted material, EPA will provide 

a reference to that material in the 

version of the comment that is placed in 

the official public rulemaking file. The 

entire printed comment, including the 

copyrighted material, will be available 

at the Regional Office for public 

inspection. 

C. How and to Whom Do I Submit 

Comments? 

You may submit comments 

electronically, by mail, or through hand 

delivery/courier. To ensure proper 

receipt by EPA, identify the appropriate 

rulemaking identification number by 

including the text ‘‘Public comment on 

proposed rulemaking Region 5 Air 

Docket R05–OAR–2005–IN–0007’’ in 

the subject line on the first page of your 

comment. Please ensure that your 

comments are submitted within the 

specified comment period. Comments 

received after the close of the comment 

period will be marked ‘‘late.’’ EPA is not 

required to consider these late 

comments. 

For detailed instructions on 

submitting public comments and on 

what to consider as you prepare your 

comments see the ADDRESSES section 

and the section I General Information of 

the SUPPLEMENTARY INFORMATION section 

of the related proposed rule which is 

published in the Proposed Rules section 

of this Federal Register. 

II. What Is EPA Approving? 

EPA is approving revisions to 

Indiana’s SO2 State Implementation 

Plan (SIP) for specified existing 

stationary sources located in Dearborn 

County, Indiana. The SIP revisions 

amend Title 326 of the Indiana 

Administrative Code (IAC), section 7–4–

13, by removing obsolete rule language 

for the Indiana Michigan Power Tanners 

Creek Station. The SIP revision also 

updates information for other 

companies listed in 326 IAC 7–4–13, 

including adding source identification 

numbers. Indiana held public hearings 

on these revisions on May 5, 2004 and 

October 6, 2004. 

III. What Are the Changes From the 

Current Rule? 

Indiana’s SO2 emission limits for 

Dearborn County are contained in 326 

IAC 7–4–13. The current SO2 emission 

limitations in 326 IAC 7–4–13 are based 

on air quality modeling used by the 

State when EPA approved the SIP in 

1987. The SIP revision amends 326 IAC 

7–4–13, as described below. 

A. Indiana Michigan Power Tanners 

Creek Station 

The SIP revision removes obsolete 

rule language that included interim 

requirements restricting the SO2

emission limits for the Indiana 

Michigan Power Tanners Creek Station, 

Unit 4. These interim requirements are 

no longer necessary, and have been 

deleted; the rule limits Unit 4 to an SO2

emission limit of five and twenty-four 

hundredths (5.24) pounds per MMBTU 

since August 1, 1991. This revision 

reflects these changes. This SIP revision 

also adds source identification number, 

No. 00002, to the Indiana Michigan 

Power Tanners Creek Station. 

B. Schenley Distillers, Inc. 

Schenley Distillers, Inc. closed in 

1998 and has been removed from the 

rule. 

C. Joseph E. Seagram and Sons, Inc. 

The revision changes the name from 

Joseph E. Seagram and Sons, Inc. to 

Pernod Ricard USA, Seagram 

Lawrenceburg Distillery. The company 

has removed one boiler listed in the 

current rule, and renamed the remaining 

boiler. This revision reflects this change. 

The revision also adds source 

identification number, No. 00005, to the 

Pernod Ricard USA, Seagram 

Lawrenceburg Distillery. 

D. Diamond Thatcher Glass 

The furnaces formerly owned by 

Diamond Thatcher Glass are owned by 

Anchor Glass Container Corporation, 

and have been renamed as such. This 

revision reflects this change. The 

revision also adds source identification 

number, No. 00007, to the Anchor Glass 

Container Corporation. 

IV. What Action Is EPA Taking Today? 

EPA is approving revisions to 326 IAC 

7–4–13, which contains the SO2

emission limitations for existing 

stationary sources located in Dearborn 

County, Indiana. The SIP revision 

amends 326 IAC 7–4–13, by removing 

obsolete rule language for the Indiana 

Michigan Power Tanners Creek Station, 

and by making minor revisions for other 

companies listed in 326 IAC 7–4–13, 

including adding source identification 

numbers. 

We are publishing this action without 

prior proposal because we view this as 

a noncontroversial amendment and 

anticipate no adverse comments. 

However, in the proposed rules section 

of this Federal Register publication, we 

are publishing a separate document that 

will serve as the proposal to approve the 

state plan if relevant adverse written 

comments are filed. This rule will be 

effective January 24, 2006 without 

further notice unless we receive relevant 

adverse written comments by December 

27, 2005. If we receive such comments, 

we will withdraw this action before the 

effective date by publishing a 

subsequent document that will 

withdraw the final action. All public 

comments received will then be 

addressed in a subsequent final rule 

based on the proposed action. The EPA 

will not institute a second comment 

period. Any parties interested in 

commenting on this action should do so 

at this time. If we do not receive any 

comments, this action will be effective 

January 24, 2006. 

Federal Register / Vol. 70, No. 226 / Friday, November 25, 2005 / Rules and Regulations 71001 

V. Statutory and Executive Order 

Reviews 

Executive Order 12866; Regulatory 

Planning and Review 

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. 

Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

Because it is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866 or a ‘‘significant energy 

action,’’ 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). 

Regulatory Flexibility Act 

This action merely approves state law 

as meeting Federal requirements and 

imposes no additional requirements 

beyond those imposed by state law. 

Accordingly, the Administrator certifies 

that this rule 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.). 

Unfunded Mandates Reform Act 

Because this rule approves preexisting requirements under state law 

and does not impose any additional 

enforceable duty beyond that required 

by state 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). 

Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This rule 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 

(59 FR 22951, November 9, 2000). 

Executive Order 13132: Federalism 

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 

approves a state rule implementing a 

Federal standard, and does not alter the 

relationship or the distribution of power 

and responsibilities established in the 

Clean Air Act. 

Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

This rule 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. 

National Technology Transfer 

Advancement Act 

In reviewing SIP submissions, 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 

standards (VCS), EPA has no authority 

to disapprove a SIP submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a SIP submission, 

to use VCS in place of a SIP submission 

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. 

Paperwork Reduction Act 

This rule does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

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

Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this rule and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by January 24, 2006. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this rule for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

and recordkeeping requirements, sulfur 

oxides. 

Dated: November 10, 2005. 

Bharat Mathur, 

Acting Regional Administrator, Region 5. 

■ For the reasons stated in the preamble, 

part 52, chapter I, of title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart P—Indiana 

■ 2. Section 52.770 is amended by 

adding paragraph (c)(171) to read as 

follows: 

§ 52.770 Identification of plan. 

* * * * * 

(c) * * * 

(171) On April 8, 2005, Indiana 

submitted final adopted revisions for 

the Dearborn County sulfur dioxide 

emission limitations in 326 IAC 7–4–13 

as a requested revision to the Indiana 

state implementation plan. EPA is 

approving these revisions, which 

remove obsolete rule language for 

Indiana Michigan Tanners Creek Station 

and updates information for other 

companies listed in the rule. 

(i) Incorporation by reference. 

(A) Indiana Administrative Code Title 

326: Air Pollution Control Board, 

Article 7: Sulfur Dioxide Rules, Rule 4: 

Emission Limitations and Requirements 

by County, Section 13: Dearborn County 

Sulfur Dioxide Emission Limitations. 

Filed with the Secretary of State on 

February 14, 2005, and effective March 

16, 2005. Published in the Indiana 

Register on April 1, 2005 (28 IR 2021). 

[FR Doc. 05–23277 Filed 11–23–05; 8:45 am] 

BILLING CODE 6560–50–P