Federal Register / Vol. 73, No. 168 / Thursday, August 28, 2008 / Rules and Regulations 50723 

The drawspan will be secured in the 

closed-to-navigation position, from 6 

a.m. on September 3, 2008 through 7 

p.m. on November 14, 2008, to allow the 

City of Petaluma to conduct needed 

maintenance, which includes; trunion 

pin replacement, deck resurfacing, and 

painting of the entire structure. To 

facilitate the maintenance, the 

contractor will install scaffolding 

beneath the bridge deck, reducing the 

vertical clearance provided for by the 

bridge in the closed-to-navigation 

position, by 5 feet. 

From September through November, 

2005–2007, the drawspan averaged 294 

openings for vessels. This temporary 

deviation has been coordinated with 

waterway users. There will be no impact 

to commercial waterway users, no 

dredging is scheduled during this 

deviation period, and the City of 

Petaluma Visitors Bureau has been 

informing recreational waterway users 

of the maintenance. No objections to the 

proposed temporary deviation were 

raised. 

Vessels that can transit the bridge, 

while in the closed-to-navigation 

position, may continue to do so at any 

time. 

In the event of an emergency the 

drawspan can be opened with 24 days 

advance notice. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: August 19, 2008. 

P.F. Zukunft, 

Rear Admiral, U.S. Coast Guard, Commander, 

Eleventh Coast Guard District. 

[FR Doc. E8–19991 Filed 8–27–08; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 70 

RIN 2900–AM02 

Beneficiary Travel Under 38 U.S.C. 111 

Within the United States; Correction 

AGENCY: Department of Veterans Affairs. 

ACTION: Correcting amendment. 

SUMMARY: The Department of Veterans 

Affairs (VA) published a document in 

the Federal Register on June 30, 2008 

(73 FR 36796), amending its beneficiary 

travel regulations that provide a 

mechanism for payment of travel 

expenses within the United States under 

38 U.S.C. 111 to help veterans and other 

persons obtain care and services from 

VA’s Veterans Health Administration 

(VHA). That document contained a 

typographical error. This document 

corrects that error. 

DATES: Effective Date: August 28, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Tony Guagliardo, Chief Business Office 

(16), Veterans Health Administration, 

Department of Veterans Affairs, 810 

Vermont Avenue, NW., Washington, DC 

20420; (202) 254–0406. (This is not a 

toll-free number.) 

SUPPLEMENTARY INFORMATION: On June 

30, 2008, VA published a final rule in 

the Federal Register (73 FR 36796) 

amending its beneficiary travel 

regulation. The revised regulations, set 

forth at 38 CFR part 70, provide a 

mechanism for payment of travel 

expenses within the United States under 

38 U.S.C. 111 to help veterans and other 

persons obtain care and services from 

VA’s Veterans Health Administration. In 

making the necessary edits, a word was 

accidentally omitted in § 70.10(b). This 

document corrects the error in § 70.10(b) 

by removing ‘‘care services’’ and adding, 

in its place ‘‘care or services’’. 

List of Subjects in 38 CFR Part 70 

Administrative practice and 

procedure, Alcohol abuse, Alcoholism, 

Claims, Day care, Dental health, Drug 

abuse, Foreign relations, Government 

contracts, Grant programs-health, Grant 

programs-veterans, Health care, Health 

facilities, Health professions, Health 

records, Homeless, Medical and dental 

schools, Medical devices, Medical 

research, Mental health programs, 

Nursing homes, Philippines, Reporting 

and recordkeeping requirements, 

Scholarships and fellowships, Travel 

and transportation expenses, Veterans. 

William F. Russo, 

Director of Regulations Management. 

■ For the reason set out in the preamble, 

VA is correcting 38 CFR part 70 as 

follows: 

PART 70—VHA BENEFICIARY TRAVEL 

UNDER 38 U.S.C. 111 

■ 1. The authority citation for part 70 

continues to read as follows: 

Authority: 38 U.S.C. 101, 111, 501, 1701, 

1714, 1720, 1728, 1782, 1783, E.O 11302. 

§ 70.10 [Amended] 

■ 2. In § 70.10, paragraph (b) is amended 

by removing ‘‘care services’’ and adding, 

in its place, ‘‘care or services’’. 

[FR Doc. E8–19961 Filed 8–27–08; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2007–0027; FRL–8708–6] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Delaware; Electric Generating Unit 

Multi-Pollutant Regulation 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of Delaware. This 

SIP revision establishes limits on the 

emissions of nitrogen oxides 

(NOX) and sulfur dioxide (SO2) from 

Delaware’s large electric generating 

units (EGUs). EPA is approving this SIP 

revision in accordance with the Clean 

Air Act (CAA). 

DATES: Effective Date: This final rule is 

effective on September 29, 2008. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2007–0027. All 

documents in the docket are listed in 

the http://www.regulations.gov Web 

site. 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 through 

http://www.regulations.gov 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 Delaware Department of 

Natural Resources & Environmental 

Control, 89 Kings Highway, P.O. Box 

1401, Dover, Delaware 19903. 

FOR FURTHER INFORMATION CONTACT: Rose 

Quinto, (215) 814–2182, or by e-mail at 

quinto.rose@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On May 17, 2007 (72 FR 27787), EPA 

published a notice of proposed 

rulemaking (NPR) for the State of 

Delaware. The NPR proposed approval 

of Regulation No. 1146—Electric 

Generating Unit Multi-Pollutant 

Regulation. The formal SIP revision was 

submitted by Delaware on November 16, 

2006. 

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50724 Federal Register / Vol. 73, No. 168 / Thursday, August 28, 2008 / Rules and Regulations 

II. Summary 

Regulation No. 1146 establishes limits 

on the emissions of NOX and SO2 from 

Delaware’s large EGUs. The large EGUs 

subject to this regulation are Connective 

Delmarva Generating, Inc.’s Edge Moor 

Generating Station Units 3, 4 and 5; City 

of Dover’s McKee Run Generating Unit 

3; and NRG Energy, Inc.’s Indian 

Generating Station Units 1, 2, 3 and 4. 

Other specific requirements of 

Regulation No. 1146 and the rationale 

for EPA’s proposed action are explained 

in the NPR and will not be restated here. 

On June 18, 2007, EPA received 

comments on its May 17, 2007 NPR. A 

summary of the comments submitted 

and EPA’s response is provided in 

Section III of this document. 

III. Summary of Public Comments and 

EPA Responses 

Comment: The commenter opposes 

the approval of Regulation No. 1146 

since it may be changed or invalidated 

in the current pending appeals process. 

Response: EPA disagrees with this 

comment. Regulation No. 1146 was 

appealed by three regulated entities: 

City of Dover’s McKee Run Generating 

Station; NRG Energy Inc. (NRG); and 

Connectiv Delmarva Generating Station 

(Connective). The City of Dover and 

NRG appeals have been settled, and 

only Connective remains. Currently, 

Regulation No. 1146 is in effect and 

enforceable in Delaware, and at this 

time, all covered units, including 

Connectiv units are in the process of 

designing and installing emission 

control equipment to meet the 

requirements of Regulation No. 1146. 

Comment: The commenter states that 

the SIP should not include requirements 

of Regulation No. 1146 that are not 

necessary for attaining compliance with 

the 8-hour ozone standard. The 

following are not elements of DNREC’s 

plan to attainment of the 8-hour ozone 

standard: (1) Annual NOX emissions 

caps, and (2) annual SO2 emissions caps 

and emission rate limitations. 

Response: EPA disagrees with the 

premise of this comment. The 

reductions associated with Regulation 

No. 1146, including the annual NOX

caps and the annual SO2 caps and 

emission rate limitations, will support 

the attainment of the 8-hour ozone and 

fine particulate matter (PM2.5) NAAQS. 

The emissions reductions also provide 

necessary support for the 8-hour ozone 

reasonable further progress plan. 

Meeting these goals will help clean 

Delaware’s air. In understanding EPA’s 

role with regard to review and approval 

or disapproval of rules submitted by 

states as SIP revisions, EPA can only 

take action upon the final adopted 

versions of a state’s regulation as 

submitted by that state in its SIP 

revision request, and must approve a 

SIP that meets the minimum 

requirements of the CAA. It is not 

within EPA’s authority, by its 

rulemaking on the SIP revision or 

otherwise, to change or modify the text 

or substantive requirements of a state 

regulation. Therefore, EPA cannot 

modify Delaware’s regulation as 

recommended in the comment. 

Comment: The commenter states that 

Regulation No. 1146 overwrites the 

carefully-balanced provisions of the 

Clean Air Interstate Rule (CAIR). The 

units covered by Regulation No. 1146 

are subject to CAIR and have already 

been allocated annual and ozone season 

NOX allowances under the CAIR Federal 

Implementation Plan (FIP) for Delaware. 

Regulation No. 1146 imposes 

inconsistent NOX and SO2 emission 

requirements on these same units. 

Requirements to comply with these 

additional state regulations are 

unnecessary and unduly burdensome 

for affected owners. 

Response: EPA disagrees with this 

comment. Regulation No. 1146 is not 

intended to replace the Federal CAIR 

requirements and does not relieve 

affected sources from participating in 

and complying with any CAIR cap-andtrade program requirements. The recent 

decision by the District Court for the 

District of Columbia Circuit in North 

Carolina v. EPA, No. 05–1244 (July 11, 

2008), when final, would vacate CAIR. 

If CAIR is eventually vacated pursuant 

to the Court decision, the commenter’s 

concern will no longer exist. However, 

even if CAIR remains in effect, a State 

may establish and may be required to 

establish requirements, including 

requirements for units covered by CAIR, 

to address local nonattainment 

problems. CAIR addresses the state’s 

section 110(a)(2)(D) obligation to 

eliminate significant contribution to 

downwind nonattainment on the PM2.5

and 8-hour ozone NAAQS. In addition 

to meeting their 110(a)(2)(D) obligations, 

states are obliged to adopt such 

additional SIP provisions as are 

necessary to address NAAQS 

nonattainment within their own 

borders. In addition, they retain 

authority under section 116 of the CAA 

to adopt regulations more stringent than 

federal minimum requirements. The 

commenter has not identified, and 

indeed could not identify, any 

requirement of CAIR that prohibits 

states from adopting such emission 

reduction requirements or emission 

caps. For these reasons, Regulation No. 

1146, thus, is not inconsistent with 

CAIR and the commenter’s conclusions 

are incorrect, because, although more 

stringent than CAIR, it is intended to 

address such local contributions to 

nonattainment areas. EPA therefore 

concludes that Regulation No. 1146 is 

approvable whether or not CAIR is 

eventually vacated. 

IV. Final Action 

EPA is approving Delaware’s EGU 

Multi-Pollutant Regulation as a revision 

to Delaware SIP that was submitted on 

November 16, 2006 pertaining to NOX

and SO2. This regulation will result in 

the reduction of NOX and SO2 emissions 

from the affected sources. 

V. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• 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); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

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Federal Register / Vol. 73, No. 168 / Thursday, August 28, 2008 / Rules and Regulations 50725 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

B. Submission to Congress and the 

Comptroller General 

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 action 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). 

C. Petitions for Judicial Review 

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 October 27, 2008. 

Filing a petition for Reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action 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, pertaining to Delaware’s 

EGU Multi-Pollutant Regulation, 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, Nitrogen dioxide, Ozone, 

Reporting and recordkeeping 

requirements, Sulfur oxides. 

Dated: August 18, 2008. 

William T. Wisniewski, 

Acting Regional Administrator, Region III. 

■ 40 CFR part 52 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 I—Delaware 

■ 2. In § 52.420, the table in paragraph 

(c) is amended by adding entries for 

Regulation No. 1146—Electric 

Generating Unit Multi-Pollutant 

Regulation at the end of the table to read 

as follows: 

§ 52.420 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED REGULATIONS IN THE DELAWARE SIP 

State citation Title/subject State effective 

date EPA approval date Additional explanation 

* * * * * * * 

Regulation Electric Generating Unit (EGU) Multi-Pollutant Regulation 

No. 1146 

Section 1.0 ............ Preamble .............. 12/11/06 08/28/08 [Insert page number where 

the document begins].

Except for provisions pertaining to 

mercury emissions. 

Section 2.0 ............ Applicability ........... 12/11/06 08/28/08 [Insert page number where 

the document begins].

Except for provisions pertaining to 

mercury emissions. 

Section 3.0 ............ Definitions ............. 12/11/06 08/28/08 [Insert page number where 

the document begins].

Except for provisions pertaining to 

mercury emissions. 

Section 4.0 ............ NOX Emissions 

Limitations.

12/11/06 08/28/08 [Insert page number where 

the document begins].

Section 5.0 ............ SO2 Emissions 

Limitations.

12/11/06 08/28/08 [Insert page number where 

the document begins].

Section 7.0 ............ Recordkeeping and 

Reporting.

12/11/06 08/28/08 [Insert page number where 

the document begins].

Except for provisions pertaining to 

mercury emissions. 

Section 8.0 ............ Compliance Plan .. 12/11/06 08/28/08 [Insert page number where 

the document begins].

Except for provisions pertaining to 

mercury emissions. 

Section 9.0 ............ Penalties ............... 12/11/06 08/28/08 [Insert page number where 

the document begins].

Except for provisions pertaining to 

mercury emissions. 

Table I ................... Annual NOX Mass 

Emissions Limits.

12/11/06 08/28/08 [Insert page number where 

the document begins].

Table II .................. Annual SO2 Mass 

Emissions Limits.

12/11/06 08/28/08 [Insert page number where 

the document begins].

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50726 Federal Register / Vol. 73, No. 168 / Thursday, August 28, 2008 / Rules and Regulations 

* * * * * 

[FR Doc. E8–19765 Filed 8–27–08; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket No. FEMA–8037] 

Suspension of Community Eligibility 

AGENCY: Federal Emergency 

Management Agency, Department of 

Homeland Security. 

ACTION: Final rule. 

SUMMARY: This rule identifies 

communities, where the sale of flood 

insurance has been authorized under 

the National Flood Insurance Program 

(NFIP), that are scheduled for 

suspension on the effective dates listed 

within this rule because of 

noncompliance with the floodplain 

management requirements of the 

program. If the Federal Emergency 

Management Agency (FEMA) receives 

documentation proving the community 

has adopted the required floodplain 

management measures prior to the 

effective suspension date given in this 

rule, the suspension will not occur and 

a notice will be provided by publication 

in the Federal Register on a subsequent 

date. 

DATES: Effective Dates: The effective 

date of each community’s scheduled 

suspension is the third date (‘‘Susp.’’) 

listed in the third column of the 

following tables. 

FOR FURTHER INFORMATION CONTACT: If 

you want to determine whether a 

particular community was suspended 

on the suspension date or obtain 

additional information, contact David 

Stearrett, Federal Emergency 

Management Agency, Mitigation 

Directorate, 500 C Street, SW., 

Washington, DC 20472, (202) 646–2953. 

SUPPLEMENTARY INFORMATION: The NFIP 

enables property owners to purchase 

flood insurance which is generally not 

otherwise available. In return, 

communities agree to adopt and 

administer local floodplain management 

aimed at protecting lives and new 

construction from future flooding. 

Section 1315 of the National Flood 

Insurance Act of 1968, as amended, 42 

U.S.C. 4022, prohibits flood insurance 

coverage as authorized under the NFIP, 

42 U.S.C. 4001 et. seq.; unless an 

appropriate public body adopts 

adequate floodplain management 

measures with effective enforcement 

measures. The communities listed in 

this document no longer meet the 

statutory requirement for compliance 

with program regulations, 44 CFR part 

59. Accordingly, the communities will 

be suspended on the effective date in 

the third column. As of that date, flood 

insurance will no longer be available in 

the community. However, some of these 

communities may adopt and submit the 

required documentation of legally 

enforceable floodplain management 

measures after this rule is published but 

prior to the actual suspension date. 

These communities will not be 

suspended and will continue their 

eligibility for the sale of insurance. A 

notice withdrawing the suspension of 

the communities will be published in 

the Federal Register. 

Previously, FEMA identified the 

Special Flood Hazard Areas (SFHAs) in 

these communities by publishing a 

Flood Insurance Rate Map (FIRM). The 

date of the FIRM, if one has been 

published, is indicated in the fourth 

column of the table. No direct Federal 

financial assistance (except assistance 

pursuant to the Robert T. Stafford 

Disaster Relief and Emergency 

Assistance Act not in connection with a 

flood) may legally be provided for 

construction or acquisition of buildings 

in identified SFHAs for communities 

not participating in the NFIP and 

identified for more than a year, on the 

FEMA initial flood insurance map of the 

community as having flood-prone areas 

(section 202(a) of the Flood Disaster 

Protection Act of 1973, 42 U.S.C. 

4106(a), as amended). This prohibition 

against certain types of Federal 

assistance becomes effective for the 

communities listed on the date shown 

in the last column. The Administrator 

finds the notice and public comment 

under 5 U.S.C. 553(b) are impracticable 

and unnecessary because the 

communities listed in this final rule 

have been adequately notified. 

Each community receives 6-month, 

90-day, and 30-day notification letters 

addressed to the Chief Executive Officer 

stating the community will be 

suspended unless the required 

floodplain management measures are 

met prior to the effective suspension 

date. Since these notifications were 

made, this final rule may take effect 

within less than 30 days. 

National Environmental Policy Act. 

This rule is categorically excluded from 

the requirements of 44 CFR Part 10, 

Environmental Considerations. No 

environmental impact assessment has 

been prepared. 

Regulatory Flexibility Act. The 

Administrator has determined this rule 

is exempt from the requirements of the 

Regulatory Flexibility Act because the 

National Flood Insurance Act of 1968, 

as amended, 42 U.S.C. 4022, prohibits 

flood insurance coverage unless an 

appropriate public body adopts 

adequate floodplain management 

measures with effective enforcement 

measures. The communities listed no 

longer comply with the statutory 

requirements, and after the effective 

date, flood insurance will no longer be 

available in the communities unless 

remedial action takes place. 

Regulatory Classification. This final 

rule is not a significant regulatory action 

under the criteria of section 3(f) of 

Executive Order 12866 of September 30, 

1993, Regulatory Planning and Review, 

58 FR 51735. 

Executive Order 13132, Federalism. 

This rule involves no policies that have 

federalism implications under Executive 

Order 13132. 

Executive Order 12988, Civil Justice 

Reform. This rule meets the applicable 

standards of Executive Order 12988. 

Paperwork Reduction Act. This rule 

does not involve any collection of 

information for purposes of the 

Paperwork Reduction Act, 44 U.S.C. 

3501 et. seq. 

List of Subjects in 44 CFR Part 64 

Flood insurance, Floodplains. 

■ Accordingly, 44 CFR part 64 is 

amended as follows: 

PART 64—[AMENDED] 

■ 1. The authority citation for part 64 

continues to read as follows: 

Authority: 42 U.S.C. 4001 et seq.; 

Reorganization Plan No. 3 of 1978, 3 CFR, 

1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, 

3 CFR, 1979 Comp.; p. 376. 

§ 64.6 [Amended] 

■ 2. The tables published under the 

authority of § 64.6 are amended as 

follows: 

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