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Federal Register / Vol. 71, No.

15 / Tuesday, January 24, 2006 / Rules and Regulations 3773

This action is not a ‘‘major rule’’ as ENVIRONMENTAL PROTECTION Mailcode 8P–AR, 999 18th Street, Suite
defined by 5 U.S.C. 804(2). AGENCY 200, Denver, Colorado 80202–2466.
Under section 307(b)(1) of the Clean • Hand Delivery: Richard R. Long,
Air Act, petitions for judicial review of 40 CFR Part 52 Director, Air and Radiation Program,
Environmental Protection Agency
this action must be filed in the United [EPA–R08–OAR–2005–CO–0002; FRL– (EPA), Region 8, Mailcode 8P–AR, 999
States Court of Appeals for the 8010–2] 18th Street, Suite 200, Denver, Colorado
appropriate circuit by March 27, 2006.
Clean Air Act Approval and 80202–2466. Such deliveries are only
Filing a petition for reconsideration by
Promulgation of Air Quality accepted Monday through Friday, 8 a.m.
the Administrator of this final rule does to 4:55 p.m., excluding Federal
not affect the finality of this rule for the Implementation Plan Revision for
Colorado; Long-Term Strategy of State holidays. Special arrangements should
purposes of judicial review nor does it be made for deliveries of boxed
extend the time within which a petition Implementation Plan for Class I
information.
for judicial review may be filed, and Visibility Protection
Instructions: Direct your comments to
shall not postpone the effectiveness of AGENCY: Environmental Protection Docket ID No. R08–OAR–2005–CO–
such rule or action. This action may not Agency (EPA). 0002. EPA’s policy is that all comments
be challenged later in proceedings to received will be included in the public
ACTION: Direct final rule.
enforce its requirements. (See section docket without change and may be
307(b)(2).) SUMMARY: EPA is taking direct final made available at http://docket.epa.gov/
List of Subjects in 40 CFR Part 52 action approving a State rmepub/index.jsp, including any
Implementation Plan (SIP) revision personal information provided, unless
Environmental protection, Air submitted by the Governor of Colorado the comment includes information
pollution control, Carbon monoxide, with a letter dated March 24, 2005. This claimed to be Confidential Business
Incorporation by reference, revision updates the Long-Term Strategy Information (CBI) or other information
Intergovernmental relations, Lead, of the Visibility SIP to establish whose disclosure is restricted by statute.
Nitrogen dioxide, Ozone, Particulate strategies, activities, and monitoring Do not submit information that you
matter, Reporting and recordkeeping plans that constitute reasonable progress consider to be CBI or otherwise
requirements, Sulfur oxides, Volatile toward the National visibility goal. This protected through EDOCKET,
organic compounds. action is being taken under section 110 regulations.gov, or e-mail. The EPA’s
of the Clean Air Act. Regional Materials in EDOCKET and
Dated: December 7, 2005. Federal regulations.gov Web site are
DATES: This rule is effective on March
Kerrigan G. Clough, ‘‘anonymous access’’ systems, which
27, 2006 without further notice, unless
Acting Regional Administrator, Region 8. means EPA will not know your identity
EPA receives adverse comment by
or contact information unless you
■ 40 CFR part 52 is amended to read as February 23, 2006. If adverse comment
provide it in the body of your comment.
follows: is received, EPA will publish a timely
If you send an e-mail comment directly
withdrawal of the direct final rule in the
to EPA, without going through
PART 52—[AMENDED] Federal Register informing the public
EDOCKET or regulations.gov, your e-
that the rule will not take effect.
mail address will be automatically
■ 1. The authority citation for part 52 ADDRESSES: Submit your comments, captured and included as part of the
continues to read as follows: identified by Docket ID No. R08–OAR– comment that is placed in the public
Authority: 42 U.S.C. 7401 et seq. 2005–CO–0002, by one of the following docket and made available on the
methods: Internet. If you submit an electronic
Subpart BB—Montana • Federal eRulemaking Portal: http:// comment, EPA recommends that you
www.regulations.gov. Follow the on-line include your name and other contact
■ 2. Section 52.1370 is amended by instructions for submitting comments. information in the body of your
adding paragraph (c)(62) to read as • Agency Web site: http:// comment and with any disk or CD–ROM
follows: docket.epa.gov/rmepub/. On November you submit. If EPA cannot read your
28, 2005, Regional Material in comment due to technical difficulties
§ 52.1370 Identification of plan. EDOCKET (RME), EPA’s electronic and cannot contact you for clarification,
* * * * * public docket and comment system, was EPA may not be able to consider your
replaced by an enhanced Federal-wide comment. Electronic files should avoid
(c) * * *
electronic docket management and the use of special characters, any form
(62) Revisions to State comment system located at http:// of encryption, and be free of any defects
Implementation Plan were submitted by www.regulations.gov. Therefore, you or viruses. For additional information
the State of Montana on August 25, will be redirected to that site to access about EPA’s public docket visit
2004. The revisions correct internal the docket EPA–R08–OAR–2005–CO– EDOCKET online or see the Federal
references to state documents; correct 0002 and submit comments. Follow the Register of May 31, 2002 (67 FR 38102).
references to, or update citations of, on-line instructions for submitting For additional instructions on
Federal documents; and make minor comments. submitting comments, go to section I.
editorial changes. • E-mail: long.richard@epa.gov and General Information of the
(i) Incorporation by reference. platt.amy@epa.gov. SUPPLEMENTARY INFORMATION section of
(A) Administrative Rules of Montana • Fax: (303) 312–6064 (please alert this document.
(ARM) sections: ARM 17.8.130; the individual listed in the FOR FURTHER Docket: All documents in the docket
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INFORMATION CONTACT if you are faxing are listed in the Regional Materials in
17.8.320(9); 17.8.801(22); 17.8.819; and
17.8.822, effective April 9, 2004. comments). EDOCKET index at http://
• Mail: Richard R. Long, Director, Air docket.epa.gov/rmepub/index.jsp.
[FR Doc. 06–633 Filed 1–23–06; 8:45 am] and Radiation Program, Environmental Although listed in the index, some
BILLING CODE 6560–50–P Protection Agency (EPA), Region 8, information is not publicly available,

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3774 Federal Register / Vol. 71, No. 15 / Tuesday, January 24, 2006 / Rules and Regulations

i.e., CBI or other information whose claimed as CBI, a copy of the comment reasonable progress toward meeting the
disclosure is restricted by statute. that does not contain the information National goal (see CAA section
Certain other material, such as claimed as CBI must be submitted for 169A(b)(2)). Section 110(a)(2)(J) of the
copyrighted material, is not placed on inclusion in the public docket. CAA, 42 U.S.C. 7410(a)(2)(J), similarly
the Internet and will be publicly Information so marked will not be requires SIPs to meet the visibility
available only in hard copy form. disclosed except in accordance with protection requirements of the CAA.
Publicly available docket materials are procedures set forth in 40 CFR part 2. We promulgated regulations that
available either electronically in 2. Tips for Preparing Your Comments. required affected States to, among other
Regional Materials in EDOCKET or in When submitting comments, remember things, (1) coordinate development of
hard copy at the Air and Radiation to: SIPs with appropriate FLMs; (2) develop
Program, Environmental Protection i. Identify the rulemaking by docket a program to assess and remedy
Agency (EPA), Region 8, 999 18th number and other identifying visibility impairment from new and
Street, Suite 200, Denver, Colorado information (subject heading, Federal existing sources; and (3) develop a long-
80202–2466. EPA requests that if at all Register date and page number). term (10–15 years) strategy to assure
possible, you contact the individual ii. Follow directions—The agency reasonable progress toward the National
listed in the FOR FURTHER INFORMATION may ask you to respond to specific visibility goal. See 45 FR 80084,
CONTACT section to view the hard copy questions or organize comments by December 2, 1980 (codified at 40 CFR
of the docket. You may view the hard referencing a Code of Federal 51.300–51.307). The regulations provide
copy of the docket Monday through Regulations (CFR) part or section for the remedying of visibility
Friday, 8 a.m. to 4 p.m., excluding number. impairment that is reasonably
Federal holidays. iii. Explain why you agree or disagree; attributable to a single existing
FOR FURTHER INFORMATION CONTACT: suggest alternatives and substitute stationary facility or small group of
Amy Platt, Environmental Protection language for your requested changes. existing stationary facilities. These
Agency, Region 8, (303) 312–6449, iv. Describe any assumptions and regulations require that the SIPs provide
platt.amy@epa.gov. provide any technical information and/ for periodic review, and revision as
or data that you used. appropriate, of the Long-Term Strategy
SUPPLEMENTARY INFORMATION: v. If you estimate potential costs or not less frequently than every three
Table of Contents burdens, explain how you arrived at years, that the review process include
I. General Information your estimate in sufficient detail to consultation with the appropriate FLMs,
II. Background allow for it to be reproduced. and that the State provide a report to the
III. March 24, 2005 Submittal vi. Provide specific examples to public and EPA that includes an
IV. Section 110(l) illustrate your concerns, and suggest assessment of the State’s progress
V. Final Action alternatives. toward the National visibility goal. See
VI. Statutory and Executive Order Reviews vii. Explain your views as clearly as 40 CFR 51.306(c).
Definitions possible, avoiding the use of profanity On July 12, 1985 (50 FR 28544) and
or personal threats. November 24, 1987 (52 FR 45132), we
For the purpose of this document, we viii. Make sure to submit your disapproved the SIPs of states,
are giving meaning to certain words or comments by the comment period including Colorado, that failed to
initials as follows: deadline identified. comply with the requirements of the
(i) The word Act or initials CAA mean provisions of 40 CFR 51.302 (visibility
the Clean Air Act, unless the context II. Background
general plan requirements), 51.305
indicates otherwise. Section 169A of the Clean Air Act (visibility monitoring), and 51.306
(ii) The word we or initials EPA mean (CAA),1 42 U.S.C. 7491, establishes as a (visibility long-term strategy). We also
the United States Environmental National goal the prevention of any incorporated corresponding Federal
Protection Agency. future, and the remedying of any plans and regulations into the SIPs of
(iii) The initials SIP mean State existing, anthropogenic visibility these states pursuant to section 110(c)(1)
Implementation Plan. impairment in mandatory Class I of the CAA, 42 U.S.C. 7410(c)(1).
(iv) The word State or initials CO Federal areas 2 (referred to herein as the The Governor of Colorado submitted
mean the State of Colorado, unless the ‘‘National goal’’ or ‘‘National visibility a SIP revision for visibility protection
context indicates otherwise. goal’’). Section 169A called for EPA to, on December 21, 1987, which met the
(v) The initials FLM mean Federal criteria of 40 CFR 51.302, 51.305, and
among other things, issue regulations to
Land Manager. 51.306 for general plan requirements,
assure reasonable progress toward
I. General Information meeting the National visibility goal, monitoring strategy, and long-term
including requiring each State with a strategies. We approved this SIP
A. What Should I Consider as I Prepare revision in the August 12, 1988 Federal
mandatory Class I Federal area to revise
My Comments for EPA? Register (53 FR 30428), and this
its SIP to contain such emission limits,
1. Submitting CBI. Do not submit this schedules of compliance and other revision replaced the Federal plans and
information to EPA through Regional measures as may be necessary to make regulations in the Colorado Visibility
Materials in EDOCKET, regulations.gov SIP. The Governor of Colorado
or e-mail. Clearly mark the part or all of 1 The Clean Air Act is codified, as amended, in submitted a subsequent SIP revision for
the information that you claim to be the U.S. Code at 42 U.S.C. 7401, et seq. visibility protection with a letter dated
2 Mandatory class I Federal areas include
CBI. For CBI information in a disk or CD November 18, 1992, which we approved
international parks, national wilderness areas, and
ROM that you mail to EPA, mark the national memorial parks greater than five thousand on October 11, 1994 (59 FR 51376).
outside of the disk or CD ROM as CBI acres in size, and national parks greater than six After Colorado’s 1992 Long-Term
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and then identify electronically within thousand acres in size, as described in section Strategy review, the U.S. Forest Service
the disk or CD ROM the specific 162(a) of the Act (42 U.S.C. 7472(a)). Each (USFS) certified visibility impairment at
mandatory Class I Federal area is the responsibility
information that is claimed as CBI. In of a ‘‘Federal land manager’’ (FLM), the Secretary
Mt. Zirkel Wilderness Area (MZWA)
addition to one complete version of the of the department with authority over such lands. and named the Hayden and Craig
comment that includes information See section 302(i) of the Act, 42 U.S.C. 7602(i). generating stations in the Yampa Valley

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Federal Register / Vol. 71, No. 15 / Tuesday, January 24, 2006 / Rules and Regulations 3775

of Northwest Colorado as suspected incorporates by reference requirements VI. Final Action


sources. The USFS is the FLM for for the Hayden and Craig Generating We have reviewed the adequacy of the
MZWA. This certification was issued on Stations, including emissions limits and State’s revision to the Long-Term
July 14, 1993. Emissions from the schedules of compliance, as previously Strategy of Colorado’s SIP for Class I
Hayden Station were addressed in the approved by EPA on January 16, 1997 Visibility Protection, contained in Part II
State’s August 23, 1996 Long-Term (see 62 FR 2305) and July 5, 2001 (see of the November 18, 2004 document
Strategy review and revision (see 62 FR 66 FR 35374). Part II also contains entitled ‘‘Long-Term Strategy Review
2305, January 16, 1997). Emissions from provisions that are explanatory and and Revision of Colorado’s State
the Craig Generating Station were analyses that are required by section Implementation Plan for Class I
addressed in the State’s April 19, 2001 169A of the CAA, Federal visibility Visibility Protection,’’ as submitted by
Long-Term Strategy review and revision regulations (40 CFR 51.300 to 51.307), the Governor with a letter dated March
(see 66 FR 35374, July 5, 2001). and/or the Colorado Visibility SIP. 24, 2005. We are approving the revision
The State conducted its next complete
periodic review and revision of the These requirements address existing as demonstrating reasonable further
long-term strategy in 2002. With an impairment, ongoing air pollution progress toward the National visibility
April 12, 2004, letter, the Governor of programs, smoke management practices, goal as required by 40 CFR 51.306.
Colorado submitted that revision to the prevention of future impairment, and EPA is publishing this rule without
Long-Term Strategy of Colorado’s SIP FLM consultation and communication. prior proposal because the Agency
for Class I Visibility Protection, which These revisions are consistent with views this as a noncontroversial
we approved on August 1, 2005 (70 FR Federal requirements and demonstrate amendment and anticipates no adverse
44052). reasonable further progress toward the comments. However, in the ‘‘Proposed
National visibility goal as required by 40 Rules’’ section of today’s Federal
III. March 24, 2005 Submittal CFR 51.306. Therefore, they are Register publication, EPA is publishing
With a March 24, 2005 letter, the approvable. a separate document that will serve as
Governor of Colorado submitted a the proposal to approve the SIP revision
In addition, Appendix B of Part II of if adverse comments are filed. This rule
revision to the Long-Term Strategy of
the November 18, 2004 document will be effective March 27, 2006 without
Colorado’s SIP for Class I Visibility
entitled ‘‘Long-Term Strategy Review further notice unless the Agency
Protection, contained in Part II of the
November 18, 2004 document entitled and Revision of Colorado’s State receives adverse comments by February
‘‘Long-Term Strategy Review and Implementation Plan for Class I 23, 2006. If the EPA receives adverse
Revision of Colorado’s State Visibility Protection,’’ contains an comments, EPA will publish a timely
Implementation Plan for Class I update of section XIV, Visibility, of Part withdrawal in the Federal Register
Visibility Protection.’’ This revision was D of the Colorado Air Quality Control informing the public that the rule will
made to fulfill the requirements to Commission Regulation No. 3 not take effect. EPA will address all
periodically review and, as appropriate, (Stationary Source Permitting and Air public comments in a subsequent final
revise the Long-Term Strategy. Pollutant Emission Notice rule based on the proposed rule. The
The CAA requires States to observe Requirements). Although this section EPA will not institute a second
certain procedural requirements in has not changed substantively since it comment period on this action. Any
developing implementation plans and was last incorporated into the Visibility parties interested in commenting must
plan revisions for submission to EPA. SIP (see 53 FR 30431, August 12, 1988, do so at this time. Please note that if
Section 110(a)(2) of the CAA provides and 59 FR 51379, October 11, 1994), it EPA receives adverse comment on an
that each implementation plan has been recodified. Therefore, for amendment, paragraph, or section of
submitted by a State must be adopted clarification purposes, we are also this rule and if that provision may be
after reasonable notice and public approving this recodified version of the severed from the remainder of the rule,
hearing. Section 110(l) of the CAA State’s visibility regulations in order to EPA may adopt as final those provisions
similarly provides that each revision to update the version incorporated into the of the rule that are not the subject of an
an implementation plan submitted by a Visibility SIP. adverse comment.
State under the CAA must be adopted
V. Section 110(l) VII. Statutory and Executive Order
by such State after reasonable notice
Reviews
and public hearing.
After providing adequate notice, the Section 110(l) of the Clean Air Act Under Executive Order 12866 (58 FR
Colorado Air Quality Control states that a SIP revision cannot be 51735, October 4, 1993), this action is
Commission (AQCC) held a public approved if the revision would interfere not a ‘‘significant regulatory action’’ and
hearing on November 18, 2004 to with any applicable requirement therefore is not subject to review by the
consider the proposed revision to the concerning attainment and reasonable Office of Management and Budget. For
Long-Term Strategy of the Colorado further progress towards attainment of this reason, this action is also not
Visibility SIP and adopted the revision. the National Ambient Air Quality subject to Executive Order 13211,
We have reviewed the SIP revision and Standards (NAAQS) or any other ‘‘Actions Concerning Regulations That
have determined that it adequately applicable requirements of the Act. The Significantly Affect Energy Supply,
demonstrates that the State is making Colorado SIP revisions that are the Distribution, or Use’’ (66 FR 28355, May
reasonable progress toward the National subject of this document are consistent 22, 2001). This action merely approves
visibility goal. with Federal requirements and rules. state law as meeting Federal
The SIP revision is contained in Part These revisions were made to requirements and imposes no additional
II of the November 18, 2004 document demonstrate reasonable further progress requirements beyond those imposed by
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entitled ‘‘Long-Term Strategy Review toward the National visibility goal, as state law. Accordingly, the
and Revision of Colorado’s State required by the Act. They do not Administrator certifies that this rule
Implementation Plan for Class I interfere with the attainment or will not have a significant economic
Visibility Protection.’’ Part II, ‘‘Revision maintenance of the NAAQS or other impact on a substantial number of small
of the Long-Term Strategy,’’ applicable requirements of the Act. entities under the Regulatory Flexibility

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3776 Federal Register / Vol. 71, No. 15 / Tuesday, January 24, 2006 / Rules and Regulations

Act (5 U.S.C. 601 et seq.). Because this submit a rule report, which includes a (i) Incorporation by reference.
rule approves pre-existing requirements copy of the rule, to each House of the (A) ‘‘Revision of the Long-Term
under state law and does not impose Congress and to the Comptroller General Strategy’’, Part II of the November 18,
any additional enforceable duty beyond of the United States. EPA will submit a 2004 document entitled ‘‘Long-Term
that required by state law, it does not report containing this rule and other Strategy Review and Revision of
contain any unfunded mandate or required information to the U.S. Senate, Colorado’s State Implementation Plan
significantly or uniquely affect small the U.S. House of Representatives, and for Class I Visibility Protection,’’
governments, as described in the the Comptroller General of the United effective November 18, 2004.
Unfunded Mandates Reform Act of 1995 States prior to publication of the rule in (B) Colorado Air Quality Control
(Pub. L. 104–4). the Federal Register. A major rule Commission Regulation No. 3,
This rule also does not have tribal cannot take effect until 60 days after it ‘‘Stationary Source Permitting and Air
implications because it will not have a is published in the Federal Register. Pollutant Emission Notice
substantial direct effect on one or more This action is not a ‘‘major rule’’ as Requirements’’, 5 CCR 1001–5, Part D,
Indian tribes, on the relationship defined by 5 U.S.C. 804(2). Section XIV, Visibility, Subsections A
between the Federal Government and Under section 307(b)(1) of the Clean through F, effective April 16, 2004.
Indian tribes, or on the distribution of Air Act, petitions for judicial review of
power and responsibilities between the [FR Doc. 06–630 Filed 1–23–06; 8:45 am]
this action must be filed in the United
Federal Government and Indian tribes, BILLING CODE 6560–50–P
States Court of Appeals for the
as specified by Executive Order 13175 appropriate circuit by March 27, 2006.
(65 FR 67249, November 9, 2000). This Filing a petition for reconsideration by
action also does not have federalism ENVIRONMENTAL PROTECTION
the Administrator of this final rule does AGENCY
implications because it does not have not affect the finality of this rule for the
substantial direct effects on the States, purposes of judicial review nor does it 40 CFR Parts 52 and 60
on the relationship between the national extend the time within which a petition
government and the States, or on the for judicial review may be filed, and [EPA–R08–OAR–2004–MT–0001, FRL–8012–
distribution of power and 9]
shall not postpone the effectiveness of
responsibilities among the various such rule or action. This action may not
levels of government, as specified in Approval and Promulgation of Air
be challenged later in proceedings to Quality Implementation Plans;
Executive Order 13132 (64 FR 43255, enforce its requirements. (See section
August 10, 1999). This action merely Montana; Revisions to the
307(b)(2).) Administrative Rules of Montana; New
approves a state rule implementing a
Federal standard, and does not alter the List of Subjects in 40 CFR Part 52 Source Performance Standards for
relationship or the distribution of power Montana; Final Rule
Environmental protection, Air
and responsibilities established in the pollution control, Carbon monoxide, AGENCY: Environmental Protection
Clean Air Act. This rule also is not Incorporation by reference, Agency (EPA).
subject to Executive Order 13045 Intergovernmental relations, Nitrogen ACTION: Final rule.
‘‘Protection of Children from dioxide, Ozone, Particulate matter,
Environmental Health Risks and Safety Reporting and recordkeeping SUMMARY: EPA is approving State
Risks’’ (62 FR 19885, April 23, 1997), requirements, Sulfur oxides. Implementation Plan (SIP) revisions
because it is not economically submitted by the State of Montana on
Dated: December 7, 2005.
significant. August 20, 2003, except for revisions to
In reviewing SIP submissions, EPA’s Kerrigan G. Clough,
Acting Regional Administrator, Region 8.
three rules that EPA will act on at a later
role is to approve state choices, date. The revisions modify definitions
provided that they meet the criteria of ■ 40 CFR part 52 is amended to read as and references to federal regulations and
the Clean Air Act. In this context, in the follows: other materials in the Administrative
absence of a prior existing requirement Rules of Montana. The intended effect
for the State to use voluntary consensus PART 52—[AMENDED]
of this action is to make federally
standards (VCS), EPA has no authority ■ 1. The authority citation for part 52 enforceable those provisions that EPA is
to disapprove a SIP submission for continues to read as follows: approving. This action is being taken
failure to use VCS. It would thus be under section 110 of the Clean Air Act.
inconsistent with applicable law for Authority: 42 U.S.C. 7401 et seq.
EPA, when it reviews a SIP submission, EFFECTIVE DATE: This final rule is
Subpart G—Colorado effective February 23, 2006.
to use VCS in place of a SIP submission
that otherwise satisfies the provisions of ■ 2. Section 52.320 is amended by ADDRESSES: EPA has established a
the Clean Air Act. Thus, the adding paragraph (c)(108) to read as docket for this action under Docket ID
requirements of section 12(d) of the follows: No. EPA–R08–OAR–2004–MT–0001.
National Technology Transfer and All documents in the docket are listed
Advancement Act of 1995 (15 U.S.C. § 52.320 Identification of plan. on the www.regulations.gov Web site.
272 note) do not apply. This rule does * * * * * Although listed in the index, some
not impose an information collection (c) * * * information is not publicly available,
burden under the provisions of the (108) Revisions to the Long-Term e.g., Confidential Business Information
Paperwork Reduction Act of 1995 (44 Strategy of Colorado’s State (CBI) or other information whose
U.S.C. 3501 et seq.). Implementation Plan for Class I disclosure is restricted by statute.
The Congressional Review Act, 5 Visibility Protection (Visibility SIP), as Certain other material, such as
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U.S.C. 801 et seq., as added by the Small submitted by the Governor on March 24, copyrighted material, is not placed on
Business Regulatory Enforcement 2005. The revisions update strategies, the Internet and will be publicly
Fairness Act of 1996, generally provides activities, and monitoring plans that available only in hard copy form.
that before a rule may take effect, the constitute reasonable progress toward Publicly available docket materials are
agency promulgating the rule must the National visibility goal. available either electronically through

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