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Justia Regulation Tracker Environmental Protection Agency National Emission Standards for Hazardous Air Pollutants: Shipbuilding and Ship Repair (Surface Coating) Operations, 78369-78374 [E6-22426]
National Emission Standards for Hazardous Air Pollutants: Shipbuilding and Ship Repair (Surface Coating) Operations, 78369-78374 [E6-22426]
Download as PDF Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations Health care, Pensions, Radioactive materials, Veterans, Vietnam. (Authority: 38 U.S.C. 5304(c).) Approved: December 7, 2006. Gordon H. Mansfield, Deputy Secretary of Veterans Affairs. BILLING CODE 8320–01–P For the reasons set out in the preamble, VA amends 38 CFR part 3 (subpart A) as follows: ENVIRONMENTAL PROTECTION AGENCY PART 3—ADJUDICATION [EPA–HQ–OAR–2004–0357; FRL–8264–2] Subpart A—Pension, Compensation, and Dependency and Indemnity Compensation RIN 2060–AO03 [FR Doc. E6–22339 Filed 12–28–06; 8:45 am] I 40 CFR Part 63 I National Emission Standards for Hazardous Air Pollutants: Shipbuilding and Ship Repair (Surface Coating) Operations Authority: 38 U.S.C. 501(a), unless otherwise noted. AGENCY: 1. The authority citation for part 3, subpart A continues to read as follows: 2. Amend § 3.1000 as follows: a. In paragraph (a) introductory text, remove ''at his death'' and add, in its place, ''at his or her death''; remove ''decisions, or'' and add, in its place, ''decisions or''; and remove ''for a period not to exceed 2 years prior to the last date of entitlement as provided in § 3.500(g)''. I b. Redesignate paragraph (a)(4) as paragraph (a)(5). I c. Add a new paragraph (a)(4). I d. In paragraph (d)(4), add '', in support of a claim for VA benefits pending on the date of death'' immediately following ''before the date of death''. I e. Add paragraph (d)(5). I f. Add paragraph (i). The additions read as follows: I I rmajette on PROD1PC72 with RULES § 3.1000 Entitlement under 38 U.S.C. 5121 to benefits due and unpaid upon death of a beneficiary. (a) * * * (4) Upon the death of a child claiming benefits under chapter 18 of this title, to the surviving parents. * * * * * (d) * * * (5) Claim for VA benefits pending on the date of death means a claim filed with VA that had not been finally adjudicated by VA on or before the date of death. Such a claim includes a deceased beneficiary's claim to reopen a finally disallowed claim based upon new and material evidence or a deceased beneficiary's claim of clear and unmistakable error in a prior rating or decision. Any new and material evidence must have been in VA's possession on or before the date of the beneficiary's death. * * * * * (i) Active service pay. Benefits awarded under this section do not include compensation or pension benefits for any period for which the veteran received active service pay. VerDate Aug<31>2005 13:55 Dec 28, 2006 Jkt 211001 Environmental Protection Agency (EPA). ACTION: Direct final rule. SUMMARY: EPA is taking direct final action on amendments to the national emission standards for hazardous air pollutants (NESHAP) for shipbuilding and ship repair (surface coating) operations (subpart II) promulgated on December 15, 1995 (60 FR 64330), under the authority of section 112(d) of the Clean Air Act (CAA). These direct final rule amendments close an unintended gap in the scope of activities subject to the NESHAP by amending the definition of ''ship'' to include all marine or freshwater vessels that are either (1) 20 meters or more in length regardless of the purpose for which the vessel is constructed or used, or (2) less than 20 meters in length and designed and built specifically for military or commercial purposes. All shipbuilding and ship repair coating operations performed on ''ships,'' as so defined, are subject to Subpart II if they take place at an ''affected source,'' as defined in 40 CFR 63.782. The only exception is that this NESHAP shall not be construed to apply to coating activities that are subject to emission limitations or work practices under the NESHAP for the boat manufacturing at 40 CFR part 63 subpart VVVV. We have also added a definition of ''commercial'' to further clarify the types of nonmilitary vessels less than 20 meters that we consider to be ships. The amended definition of ''ship'' renders the term ''pleasure craft'' unnecessary and the amendments, therefore, eliminate the use of that term in subpart II. DATES: The direct final rule is effective on February 27, 2007 without further notice, unless EPA receives adverse comment by January 29, 2007 or if a public hearing is requested by January 8, 2007. If adverse comments are received or a public hearing is requested, EPA will publish a timely PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 78369 withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ– OAR–2004–0357 (Legacy No. A–92–11), by one of the following methods: 1. http://www.regulations.gov. Follow the on-line instructions for submitting comments. 2. E-mail: serageldin.mohamed@epa.gov. 3. Fax: (202) 566–1741 and (919) 541– 3470. 4. Mail: EPA Docket Center, Environmental Protection Agency, Mailcode: 6102T, 1200 Pennsylvania Ave., NW., Washington, DC 20460. Please include a duplicate copy, if possible. 5. Hand Delivery: Air and Radiation Docket, Environmental Protection Agency, 1301 Constitution Avenue, NW., Room B–108, Washington, DC 20460. Such deliveries are only accepted during the Docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information. We request that a separate copy also be sent to the contact person listed below (see FOR FURTHER INFORMATION CONTACT). Instructions. Direct your comments to Docket ID No. OAR–2004–0357. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at http://www.epa.gov/ edocket, 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, www.regulations.gov, or e-mail. The EPA EDOCKET and the Federal Web sites 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 www.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 with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical E:\FR\FM\29DER1.SGM 29DER1 78370 Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations 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 on-line or see the Federal Register of May 31, 2002 (67 FR 38102). Docket. All documents in the docket are listed in the EDOCKET index at http://www.epa.gov/edocket. 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 EDOCKET or in hard copy at the Air and Radiation Docket, EPA/DC, EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the Air Docket is (202) 566–1742. Note: The EPA Docket Center suffered damage due to flooding during the last week of June 2006. The Docket Center is continuing to operate. However, during the cleanup, there will be temporary changes to Docket Center telephone numbers, addresses, and hours of operation for people who wish to make hand deliveries or visit the Public Reading Room to view documents. Consult EPA's Federal Register notice at 71 FR 38147 (July 5, 2006), or the EPA Web site at http:// www.epa.gov/epahome/dockets.htm for current information on docket operations, locations and telephone numbers. The Docket Center's mailing address for U.S. mail and the procedure for submitting comments to www.regulations.gov are not affected by the flooding and will remain the same. Dr. Mohamed Serageldin, Environmental Protection Agency, Office of Air Quality Planning and Standards, Sector Policies and Programs Division (E143–03), Research Triangle Park, NC 27711, telephone number (919) 541–2379, electronic mail address serageldin.mohamed@epa.gov. FOR FURTHER INFORMATION CONTACT: Regulated Entities. The regulated category and entities affected by this action include: SUPPLEMENTARY INFORMATION: Category Examples of regulated entities Industry ................... Facilities that are engaged in shipbuilding and ship repair operations. The term ship means all marine or fresh-water vessels that are either (1) 20 meters or more in length regardless of the purpose for which the vessel is constructed or used, or (2) that are less than 20 meters in length and are designed and built specifically for military or commercial purposes. This includes, but is not limited to, all military and Coast Guard vessels, commercial cargo and passenger (cruise) ships, ferries, tankers, container ships, patrol and pilot boats, yachts, and dredges. Note: An offshore oil and gas drilling platform is not considered a ship for purposes of this regulation. rmajette on PROD1PC72 with RULES Federal Govt ........... Federal Agencies which undertake shipbuilding or repair operations (see above) such as the Navy and Coast Guard. This table is not intended to be exhaustive, but rather to provide a guide for readers regarding entities likely to be regulated by this rule. To determine whether your facility, company, business, organization, etc., is regulated by this action, you should carefully examine all of the applicability criteria in 40 CFR 63.781 of the rule, as well as in this direct final rule. If you have any questions regarding the applicability of this rule to a particular activity, consult the person listed in the preceding FOR FURTHER INFORMATION CONTACT section. World Wide Web (WWW). In addition to being available in the docket, an electronic copy of the direct final rule will also be available on the WWW through EPA's Technology Transfer Network (TTN). Following signature by the EPA Administrator, a copy of the direct final rule will be posted on the TTN's policy and guidance page for newly proposed or promulgated rules at http://www.epa.gov/ttn/oarpg/. The TTN provides information and technology exchange in various areas of air pollution control. If more information regarding the TTN is needed, call the TTN HELP line at (919) 541–5384. Comments. We are publishing the direct final rule without prior proposal VerDate Aug<31>2005 13:55 Dec 28, 2006 Jkt 211001 because we do not believe that the changes are controversial. As explained below, the changes are being made to fill a gap in coverage which was inadvertently created in an effort to address an issue raised by commenters in response to the proposed rule (59 FR 62681, December 6, 1994). These amendments are wholly consistent with the intent of the 1995 rule. Moreover, we are issuing these amendments as a direct final rule to ensure that the activities made subject to subpart II by the amended definition of ''ship'' are covered under subpart II, as opposed to the Miscellaneous Metal Parts and Products (Surface Coating) NESHAP (subpart MMMM). Subpart MMMM is a catch-all category intended to cover all metal surface coating activities not specifically covered by another NESHAP. In the absence of these direct final rule amendments, any shipbuilding and ship repair operations performed on vessels that do not meet the definition of ship would not be covered by subpart II and would be subject to subpart MMMM on the initial compliance date of January 2, 2007. In the Proposed Rules Section of this Federal Register, we are publishing a separate document that will serve as the proposal to amend the NESHAP for Shipbuilding and Ship Repair (Surface PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 Coating) Operations (40 CFR part 63, subpart II) in the event that this direct final rule is withdrawn. If we receive any adverse comment or a request for a public hearing, we will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect. We will address all public comments received on the proposed rule in a subsequent final rule, we will not institute a second comment period on the proposed rule. Any parties interested in commenting on the proposed rule must do so at this time. Judicial Review. Under section 307(b)(1) of the CAA, judicial review of the direct final rule is available only by filing a petition for review in the U.S. Court of Appeals for the District of Columbia Circuit by February 27, 2007. Under section 307(d)(7)(B) of the CAA, only an objection to the direct final rule that was raised with reasonable specificity during the period for public comment can be raised during judicial review. Moreover, under section 307(b)(2) of the CAA, the requirements established by the direct final rule may not be challenged separately in any civil or criminal proceedings brought by the EPA to enforce these requirements. Outline. The information presented in this preamble is organized as follows: E:\FR\FM\29DER1.SGM 29DER1 Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations rmajette on PROD1PC72 with RULES I. Why are we amending the rule? II. What amendments are we making to the rule? III. What are the compliance dates? IV. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review B. Paperwork Reduction Act C. Regulatory Flexibility Act D. Unfunded Mandates Reform Act E. Executive Order 13132: Federalism F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments G. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use I. National Technology Transfer and Advancement Act J. Congressional Review Act I. Why are we amending the rule? On December 15, 1995, EPA issued a NESHAP section 112 of the CAA for shipbuilding and ship repair (surface coating) operations (60 FR 64330). The shipbuilding and ship repair rule requires existing and new major sources to control emissions of hazardous air pollutants to the level achievable using maximum achievable (MACT) control technology. The rule applies to shipbuilding and ship repair operations at any facilities that are major sources, that apply marine coatings to ''ships'' and that meet the definition of ''affected source'' in 40 CFR 63.782 (Section 63.782 defines ''affected source'' as ''any shipbuilding or ship repair facility having surface coating operations with a minimum 1,000 liters (L) (264 gallons annual marine coatings usage that is subject to this subpart.'') ''Ship building and ship repair operations,'' as defined in subpart II (40 CFR 63.782), means ''any building, repair, repainting, converting, or alteration of ships.'' In the December 6, 1994, proposed rule (59 FR 62681) the term ''ship'' was defined as ''any marine or fresh-water vessel used for military or commercial operations.'' The term ''commercial,'' in turn, was defined broadly as ''any vessel not owned and operated by the U.S. military or the U.S. Coast Guard.'' During the public comment period on the proposed rule, EPA received public comments which expressed concern that the definition of ''ship'' in the proposed rule was too broad and could be read to cover facilities engaged in building or repairing vessels that are small in size and are intended for, or used for, only recreational use. In response to these comments, EPA added a definition for ''pleasure craft'' in the final rule and excluded ''pleasure craft'' as so defined from the definition of VerDate Aug<31>2005 13:55 Dec 28, 2006 Jkt 211001 ''ship.'' Specifically, EPA defined ''ship'' and ''pleasure craft'' in the final rule as follows: • Ship means any marine or freshwater vessel used for military or commercial operations, including selfpropelled vessels, those propelled by other craft (barges), and navigational aids (buoys). This definition includes, but is not limited to, all military and Coast Guard vessels, commercial cargo and passenger (cruise) ships, ferries, barges, tankers, container ships, patrol and pilot boats, and dredges. For purposes of this subpart, pleasure crafts and off-shore oil and gas drilling platforms are not considered ships. • Pleasure craft, which is excluded from the definition of ship, is defined as any marine or fresh-water vessel used by individuals for noncommercial, nonmilitary, and recreational purposes that is less than 20 meters in length. A vessel rented exclusively to or chartered by individuals for such purposes shall be considered pleasure craft. Although EPA had proposed a broad definition for the term ''commercial'' in the proposed rule, it did not adopt that definition in the final rule issued in 1995. It did, however, use the undefined term ''commercial'' in defining what constitutes a ''ship.'' In creating the definition of ''pleasure craft'' in the final NESHAP and excluding pleasure craft from the definition of ''ship,'' we intended that only those vessels less than 20 meters in length used by individuals for nonmilitary and noncommercial purposes (i.e., recreational purposes) would be exempt from subpart II. Our use of the terms ''noncommercial, nonmilitary and recreational'' in the definition of ''pleasure craft'' and our failure to adopt the proposed broad definition of ''commercial'' coupled with the ''commercial and military'' restriction in the definition of ''ship'' have led to questions as to whether the final NESHAP applies to shipbuilding and ship repair operations conducted on vessels that measure 20 meters or more in length, that are neither military nor commercial vessels. In reviewing this applicability question, we have determined that vessels measuring 20 meters or more in length that are neither military nor commercial do not meet the current definition of ''ship'' in 40 CFR 63.782, and are therefore not subject to the requirements of subpart II. Thus, the gap in coverage in the existing regulations relates to the following operations conducted at shipbuilding and ship repair facilities that meet the definition of affected source in 40 CFR 63.782: Shipbuilding and ship repair operations that are conducted on vessels PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 78371 20 meters or greater in length that are designed and built for nonmilitary and noncommercial operations. Because we had intended to cover such operations in the 1995 final NESHAP, we are issuing these amendments to fill this unintended gap in the existing regulations. Specifically, these amendments fill the gap by, amending the regulatory definition of ''ship'' to cover, among other things, all marine or fresh-water vessels measuring 20 meters or more in length; including a definition of ''commercial'' to clarify which vessels less than 20 meters are subject to subpart II; and eliminating the term ''pleasure craft'' in subpart II, because that definition has created unnecessary confusion. In reviewing the definition of pleasure craft, we realized that the definition was too limiting because it defined pleasure craft by reference to a vessel's actual use. Although defining pleasure craft in such a manner may be appropriate for purposes of ship repair activities, it is not an appropriate criterion for ship building activities because it is unrealistic to expect a shipbuilder to know definitively at the time of construction of the vessel whether the vessel will be used for recreational or commercial purposes. In summary, these amendments fill an unintended gap in the coverage of subpart II by establishing that shipbuilding and ship repair operations performed on all marine or fresh-water vessels measuring 20 meters or more in length are subject to the requirements of subpart II regardless of the purpose for which the vessel is designed, built, or used. These amendments also clarify that subpart II shall not be construed to apply to coating activities that are subject to emission limitations or work practices under the NESHAP for boat manufacturing at 40 CFR part 63 subpart VVVV. II. What amendments are we making to the rule? Specifically, we are: (1) Revising the definition of ship to include all vessels measuring 20 meters or more in length regardless of the purpose for which the vessel is constructed or used and any vessels that are less than 20 meters in length, designed and built specifically for military or commercial purposes; (2) including a definition of commercial to further identify those nonmilitary vessels that are less than 20 meters in length that we consider to meet the definition of ship in subpart II as those that are specifically designed and built for the purposes of generating compensation for products or services; (3) eliminating the term ''pleasure E:\FR\FM\29DER1.SGM 29DER1 78372 Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations rmajette on PROD1PC72 with RULES craft''; and (4) excluding from subpart II those coating activities that are subject to emission limitations or work practices under the NESHAP for boat manufacturing at 40 CFR part 63 subpart VVVV. As a result of this action, shipbuilding and ship repair operations on all marine or fresh-water vessels measuring 20 meters or more in length, regardless of the purpose for which the vessel is constructed or used, will now be subject to subpart II, not subpart MMMM which contains the default requirements for any metal surface coating not specifically covered by another NESHAP. The compliance period for the shipbuilding and ship repair operations that are subject to subpart II for the first time as the result of these amendments is described below in section III. The revised definitions are as follows: • Commercial means any enterprise or activity that receives compensation for products and/or services rendered. • Ship means all marine or freshwater vessels that are either (1) 20 meters or more in length regardless of the purpose for which the vessel is constructed or used, or (2) that are less than 20 meters in length and are designed and built specifically for military or commercial purposes. This definition includes, but is not limited to, all military and Coast Guard vessels, commercial cargo and passenger (cruise) ships, ferries, tankers, container ships, patrol and pilot boats, yachts, and dredges. For purposes of this subpart, offshore oil and gas drilling platforms are not ships. III. What are the compliance dates? We address the compliance date for those affected sources that conduct the type of operations that are, as the result of these amendments, newly subject to subpart II. Specifically, those existing affected sources that are engaged in the type of shipbuilding and ship repair operations that became subject to the Shipbuilding and Ship Repair NESHAP as the result of these amendments must comply with the requirements applicable to those operations by December 31, 2007. The 1-year compliance deadline allows these affected sources a reasonable period of time in which to deplete existing inventories of coatings and to plan and implement appropriate compliance procedures. Additionally, the 1-year period provides sources an opportunity to obtain compliant coatings and/or identify alternative methods of limiting emissions. The EPA does not expect that any new affected source engaged solely in the operations that are the subject of these amendments will be built; VerDate Aug<31>2005 13:55 Dec 28, 2006 Jkt 211001 however, in the event that such a new facility is built, it must comply according to the schedule in 40 CFR 63.6(b). (For purposes of this discussion, a new affected source is an ''affected source,'' as defined by 40 CFR 63.782, at which shipbuilding and ship repair operations are conducted exclusively on vessels 20 meters or greater in length that are designed and constructed for nonmilitary and noncommercial operations, for which construction or reconstruction is commenced after the date of this companion proposed rule.) IV. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review Under Executive Order 12866 (58 FR 51735, October 4, 1993), the Agency must determine whether the regulatory action is ''significant'' and, therefore, subject to Office of Management and Budget (OMB) review and the requirements of the Executive Order. It has been determined that this direct final rule is not a ''significant regulatory action'' under the terms of Executive Order 12866 and are, therefore, not subject to OMB review. B. Paperwork Reduction Act This action may impose additional information collection burden for sources currently subject to and complying with subpart II. Sources currently complying with subpart II that choose to build or repair marine or fresh-water vessels that are 20 meters or more in length and are not either military or commercial vessels will need to expand their current subpart II recordkeeping and reporting to include these additional shipbuilding and ship repair activities. However, we believe that the additional information collection burden is minimal as the proportion of these activities at most shipyards is minimal; therefore, the information collection requests have not been revised. OMB has previously approved the information collection requirements contained in the existing regulations under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., and has assigned OMB control number 2060–0330 (EPA ICR No.1712.05). Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR part 9. C. Regulatory Flexibility Act The Regulatory Flexibility Act (RFA) generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the Administrative Procedure Act or any other statute unless the Agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Small entities include small businesses, small organizations, and small governmental jurisdictions. For purposes of assessing the impacts of the direct final rule on small entities, a small entity is defined as: (1) A small business mostly in the North American Industrial Classification System (NAICS) code 336611 that has less than 1000 or fewer employees; (2) a small governmental jurisdiction that is a government of a city, county, town, school district or special district with a population of less than 50,000; and (3) a small organization that is any not-forprofit enterprise which is independently owned and operated and is not dominant in its field. After considering the economic impacts of this rule on small entities, I certify that this action will not have a significant economic impact on a substantial number of small entities. This rule will not impose any requirements on small entities. D. Unfunded Mandates Reform Act Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public Law 104–4, establishes requirements for Federal agencies to assess the effects of their regulatory actions on State, local, and tribal governments and the private sector. Under section 202 of the UMRA, EPA generally must prepare a written statement, including a cost-benefit analysis, for proposed and final rules with ''Federal mandates'' that may result in expenditures by State, local, E:\FR\FM\29DER1.SGM 29DER1 Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations rmajette on PROD1PC72 with RULES and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any 1 year. Before promulgating an EPA rule for which a written statement is needed, section 205 of the UMRA generally requires EPA to identify and consider a reasonable number of regulatory alternatives and adopt the least-costly, most costeffective, or least burdensome alternative that achieves the objectives of the rule. The provisions of section 205 do not apply when they are inconsistent with applicable law. Moreover, section 205 allows the EPA to adopt an alternative other than the leastcostly, most cost effective, or leastburdensome alternative if the Administrator publishes with the final rule an explanation why that alternative was not adopted. Before EPA establishes any regulatory requirements that may significantly or uniquely affect small governments, including tribal governments, it must have developed under section 203 of the UMRA a small government agency plan. The plan must provide for notifying potentially affected small governments, enabling officials of affected small governments to have meaningful and timely input in the development of EPA regulatory proposals with significant Federal intergovernmental mandates, and informing, educating, and advising small governments on compliance with the regulatory requirements. EPA has determined that the direct final rule does not contain a Federal mandate that may result in expenditures of $100 million or more for State, local, and tribal governments, in the aggregate, or the private sector in any 1 year. Therefore, the direct final rule is not subject to the requirements of sections 202 and 205 of the UMRA. In addition, EPA has determined that the direct final rule contains no regulatory requirements that might significantly or uniquely affect small governments because the burden is small and the regulation does not apply to small governments. Therefore, the direct final rule is not subject to the requirements of section 203 of the UMRA. E. Executive Order 13132: Federalism Executive Order 13132 (64 FR 43255, August 10, 1999) requires the EPA to develop an accountable process to ensure ''meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications.'' ''Policies that have federalism implications'' is defined in the Executive Order to include regulations that have substantial direct effects on the States, on the relationship between the national VerDate Aug<31>2005 13:55 Dec 28, 2006 Jkt 211001 government and the States, or on the distribution of power and responsibilities among the various levels of government.'' The direct final rule does not have federalism implications. They will 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. Thus, Executive Order 13132 does not apply to the direct final rule. F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments Executive Order 13175 (65 FR 67249, November 9, 2000) requires EPA to develop an accountable process to ensure ''meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications.'' The direct final rule does not have tribal implications, as specified in Executive Order 13175. This rule will not have substantial direct effects on tribal governments, 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 in Executive Order 13175. Thus, Executive Order 13175 does not apply to the direct final rule. G. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any rule that: (1) is determined to be ''economically significant'' as defined under Executive Order 12866, and (2) concerns an environmental health or safety risk that the EPA has reason to believe may have a disproportionate effect on children. If the regulatory action meets both criteria, the EPA must evaluate the environmental health or safety effects of the planned rule on children, and explain why the planned regulation is preferable to other potentially effective and reasonably feasible alternatives considered by the EPA. EPA interprets Executive Order 13045 as applying only to those regulatory actions that are based on health or safety risks, such that the analysis required under section 5–501 of the Executive Order has the potential to influence the regulation. The direct final rule is not subject to Executive Order 13045 because the rule (subpart II) is based on technology performance, not health or safety risks. Furthermore, the direct final rule has been determined not to be PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 78373 economically significant as defined under Executive Order 12866. H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use The direct final rule is not subject to Executive Order 13211 (66 FR 28355, May 22, 2001), because it is not a significant regulatory action under Executive Order 12866. I. National Technology Transfer and Advancement Act Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (NTTAA), Public Law 104– 113, 12(d) (15 U.S.C. 272 note), directs the EPA to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., materials specifications, test methods, sampling procedures, and business practices) that are developed or adopted by voluntary consensus standards bodies. The NTTAA directs the EPA to provide Congress, through OMB, explanations when the Agency decides not to use available and applicable voluntary consensus standards. No new standard requirements are specified in the direct final rule. Therefore, the EPA is not proposing or adopting any voluntary consensus standards in the direct final rule. J. 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 the direct final 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 direct final rule in the Federal Register. The direct final rule is not a ''major rule'' as defined by 5 U.S.C. 804(2). List of Subjects in 40 CFR Part 63 Environmental protection, Administrative practice and procedure, Air pollution control, Hazardous substances, Intergovernmental relations, Reporting and recordkeeping requirements. E:\FR\FM\29DER1.SGM 29DER1 78374 Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations Dated: December 22, 2006. Stephen L. Johnson, Administrator. For the reasons set out in the preamble, title 40, chapter I, part 63, of the Code of Federal Regulations is amended as follows: I FR cite], shall comply with the requirements of this subpart, as they apply to those operations, by December 31, 2007. * * * * * [FR Doc. E6–22426 Filed 12–28–06; 8:45 am] BILLING CODE 6560–50–P PART 63—[AMENDED] ENVIRONMENTAL PROTECTION AGENCY 1. The authority citation for part 63 continues to read as follows: I Authority: 42 U.S.C. 7401, et seq. 40 CFR Part 180 Subpart II—[Amended] [EPA–HQ–OPP–2006–0769; FRL–8093–6] 2. Section 63.781 is amended by redesignating paragraphs (b), (c) and (d) as (c), (d) and (e) respectively and adding a new paragraph (b). Zeta–Cypermethrin; Pesticide Tolerance I § 63.781 Applicability. * * * * * (b) The provisions of this subpart do not apply to coating activities subject to emission limitations or work practices under 40 CFR part 63 subpart VVVV. * * * * * I 3. Section 63.782 is amended by adding a definition for ''Commercial'', removing the definition of ''Pleasure craft'', and revising the definition of ''Ship'': § 63.782 Definitions. * * * * * Commercial means any enterprise or activity that receives compensation for products and/or services rendered. * * * * * Ship means all marine or fresh-water vessels that are either 20 meters or more in length regardless of the purpose for which the vessel is constructed or used, or that are less than 20 meters in length and are designed and built specifically for military or commercial purposes. This definition includes, but is not limited to, all military and Coast Guard vessels, commercial cargo and passenger (cruise) ships, ferries, tankers, container ships, patrol and pilot boats, yachts, and dredges. For purposes of this subpart, offshore oil and gas drilling platforms are not ships. * * * * * I 4. Section 63.784(a) is revised to read as follows: rmajette on PROD1PC72 with RULES § 63.784 Compliance dates. (a) Each owner or operator of an existing affected source shall comply within two years after the effective date of this subpart, except that the owner or operator of an existing affected source that conducts shipbuilding and ship repair operations that first became subject to this NESHAP on [date of publication of this direct final rule and VerDate Aug<31>2005 14:43 Dec 28, 2006 Jkt 211001 Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: This regulation establishes a tolerance for residues of the insecticide zeta–cypermethrin, in or on almond, hulls; animal feed, nongrass, group 18, forage; animal feed, nongrass, group 18, hay; berry, group 13; cilantro, leaves; food/feed items (other than those covered by a higher tolerance as a result of use on growing crops) in food/feed handling establishments; fruit, pome, group 11; fruit, stone, group 12; grape; grass, forage, group 17; grass, hay, group 17; nut, tree, group 14; peanut; rapeseed; sunflower; sunflower, refined oil; turnip, greens; vegetable, cucurbit, group 9; and vegetable, root and tuber, group 1, except sugar beet. FMC Corporation and Interregional Research Project Number 4 (IR–4) requested this tolerance under the Federal Food, Drug and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA). DATES: This regulation is effective December 29, 2006. Objections and requests for hearings must be received on or before February 27, 2007, and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION). ADDRESSES: EPA has established a docket for this action under docket identification (ID) number EPA–HQ– OPP–2006–0769. All documents in the docket are listed in the index for the docket. Although listed in the index, some information is not publicly available, e.g., 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 SUMMARY: PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 available in the electronic docket at http://www.regulations.gov or, if only available in hard copy, at the OPP Regulatory Public Docket in Room S– 4400, One Potomac Yard (South Building), 2777 South Crystal Drive, Arlington, VA 22202–3553. The Docket Facility is open from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The Docket telephone number is (703) 305–5805. FOR FURTHER INFORMATION CONTACT: Linda DeLuise, Registration Division, Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460–0001; telephone number: (703) 305–5428; e–mail address: deluise.linda@epa.gov. SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. Potentially affected entities may include, but are not limited to: • Crop production (NAICS 111), e.g., agricultural workers; greenhouse, nursery, and floriculture workers; farmers. • Animal production (NAICS 112), e.g., cattle ranchers andfarmers, dairy cattle farmers, livestock farmers. • Food manufacturing (NAICS 311), e.g., agricultural workers; farmers; greenhouse, nursery, and floriculture workers; ranchers; pesticide applicators. • Pesticide manufacturing (NAICS 32532), e.g., agricultural workers; commercial applicators; farmers; greenhouse, nursery, and floriculture workers; residential users. This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The North American Industrial Classification System (NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT. B. How Can I Access Electronic Copies of this Document? In addition to accessing an electronic copy of this Federal Register document through the electronic docket at http:// www.regulations.gov, you may access this Federal Register document E:\FR\FM\29DER1.SGM 29DER1
[EPA-HQ-OAR-2004-0357; FRL-8264-2]
RIN 2060-AO03
National Emission Standards for Hazardous Air Pollutants:
Shipbuilding and Ship Repair (Surface Coating) Operations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
SUMMARY: EPA is taking direct final action on amendments to the
national emission standards for hazardous air pollutants (NESHAP) for
shipbuilding and ship repair (surface coating) operations (subpart II)
promulgated on December 15, 1995 (60 FR 64330), under the authority of
section 112(d) of the Clean Air Act (CAA). These direct final rule
amendments close an unintended gap in the scope of activities subject
to the NESHAP by amending the definition of ``ship'' to include all
marine or fresh-water vessels that are either (1) 20 meters or more in
length regardless of the purpose for which the vessel is constructed or
used, or (2) less than 20 meters in length and designed and built
specifically for military or commercial purposes. All shipbuilding and
ship repair coating operations performed on ``ships,'' as so defined,
are subject to Subpart II if they take place at an ``affected source,''
as defined in 40 CFR 63.782. The only exception is that this NESHAP
shall not be construed to apply to coating activities that are subject
to emission limitations or work practices under the NESHAP for the boat
manufacturing at 40 CFR part 63 subpart VVVV. We have also added a
definition of ``commercial'' to further clarify the types of
nonmilitary vessels less than 20 meters that we consider to be ships.
The amended definition of ``ship'' renders the term ``pleasure craft''
unnecessary and the amendments, therefore, eliminate the use of that
term in subpart II.
DATES: The direct final rule is effective on February 27, 2007 without
further notice, unless EPA receives adverse comment by January 29, 2007
or if a public hearing is requested by January 8, 2007. If adverse
comments are received or a public hearing is requested, EPA will
publish a timely withdrawal of the direct final rule in the Federal
Register and inform the public that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2004-0357 (Legacy No. A-92-11), by one of the following methods:
1. http://www.regulations.gov. Follow the on-line instructions for
submitting comments.
2. E-mail: serageldin.mohamed@epa.gov.
3. Fax: (202) 566-1741 and (919) 541-3470.
4. Mail: EPA Docket Center, Environmental Protection Agency,
Mailcode: 6102T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
Please include a duplicate copy, if possible.
5. Hand Delivery: Air and Radiation Docket, Environmental
Protection Agency, 1301 Constitution Avenue, NW., Room B-108,
Washington, DC 20460. Such deliveries are only accepted during the
Docket's normal hours of operation, and special arrangements should be
made for deliveries of boxed information.
We request that a separate copy also be sent to the contact person
listed below (see FOR FURTHER INFORMATION CONTACT).
Instructions. Direct your comments to Docket ID No. OAR-2004-0357.
EPA's policy is that all comments received will be included in the
public docket without change and may be made available online at http:/
/www.epa.gov/edocket, 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, www.regulations.gov, or
e-mail. The EPA EDOCKET and the Federal Web sites 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 www.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 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 on-line or see the Federal Register of May 31, 2002 (67 FR
Docket. All documents in the docket are listed in the EDOCKET index
at http://www.epa.gov/edocket. 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 EDOCKET or in hard
copy at the Air and Radiation Docket, EPA/DC, EPA West, Room B102, 1301
Constitution Ave., NW., Washington, DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the Air Docket is (202) 566-
Note: The EPA Docket Center suffered damage due to flooding
during the last week of June 2006. The Docket Center is continuing
to operate. However, during the cleanup, there will be temporary
changes to Docket Center telephone numbers, addresses, and hours of
operation for people who wish to make hand deliveries or visit the
Public Reading Room to view documents. Consult EPA's Federal
Register notice at 71 FR 38147 (July 5, 2006), or the EPA Web site
at http://www.epa.gov/epahome/dockets.htm for current information on
docket operations, locations and telephone numbers. The Docket
Center's mailing address for U.S. mail and the procedure for
submitting comments to www.regulations.gov are not affected by the
flooding and will remain the same.
FOR FURTHER INFORMATION CONTACT: Dr. Mohamed Serageldin, Environmental
Protection Agency, Office of Air Quality Planning and Standards, Sector
Policies and Programs Division (E143-03), Research Triangle Park, NC
27711, telephone number (919) 541-2379, electronic mail address
serageldin.mohamed@epa.gov.
SUPPLEMENTARY INFORMATION: Regulated Entities. The regulated category
and entities affected by this action include:
Category                  Examples of regulated entities
Industry........................  Facilities that are engaged in
shipbuilding and ship repair
operations. The term ship means all
marine or fresh-water vessels that
are either (1) 20 meters or more in
length regardless of the purpose for
which the vessel is constructed or
used, or (2) that are less than 20
meters in length and are designed and
built specifically for military or
commercial purposes. This includes,
but is not limited to, all military
and Coast Guard vessels, commercial
cargo and passenger (cruise) ships,
ferries, tankers, container ships,
patrol and pilot boats, yachts, and
dredges.
Note: An offshore oil and gas drilling platform is not considered a ship
for purposes of this regulation.
Federal Govt....................  Federal Agencies which undertake
shipbuilding or repair operations
(see above) such as the Navy and
Coast Guard.
This table is not intended to be exhaustive, but rather to provide
a guide for readers regarding entities likely to be regulated by this
rule.
To determine whether your facility, company, business,
organization, etc., is regulated by this action, you should carefully
examine all of the applicability criteria in 40 CFR 63.781 of the rule,
as well as in this direct final rule. If you have any questions
regarding the applicability of this rule to a particular activity,
consult the person listed in the preceding FOR FURTHER INFORMATION
CONTACT section.
World Wide Web (WWW). In addition to being available in the docket,
an electronic copy of the direct final rule will also be available on
the WWW through EPA's Technology Transfer Network (TTN). Following
signature by the EPA Administrator, a copy of the direct final rule
will be posted on the TTN's policy and guidance page for newly proposed
or promulgated rules at http://www.epa.gov/ttn/oarpg/. The TTN provides
information and technology exchange in various areas of air pollution
control. If more information regarding the TTN is needed, call the TTN
HELP line at (919) 541-5384.
Comments. We are publishing the direct final rule without prior
proposal because we do not believe that the changes are controversial.
As explained below, the changes are being made to fill a gap in
coverage which was inadvertently created in an effort to address an
issue raised by commenters in response to the proposed rule (59 FR
62681, December 6, 1994). These amendments are wholly consistent with
the intent of the 1995 rule. Moreover, we are issuing these amendments
as a direct final rule to ensure that the activities made subject to
subpart II by the amended definition of ``ship'' are covered under
subpart II, as opposed to the Miscellaneous Metal Parts and Products
(Surface Coating) NESHAP (subpart MMMM). Subpart MMMM is a catch-all
category intended to cover all metal surface coating activities not
specifically covered by another NESHAP. In the absence of these direct
final rule amendments, any shipbuilding and ship repair operations
performed on vessels that do not meet the definition of ship would not
be covered by subpart II and would be subject to subpart MMMM on the
initial compliance date of January 2, 2007.
In the Proposed Rules Section of this Federal Register, we are
publishing a separate document that will serve as the proposal to amend
the NESHAP for Shipbuilding and Ship Repair (Surface Coating)
Operations (40 CFR part 63, subpart II) in the event that this direct
final rule is withdrawn. If we receive any adverse comment or a request
for a public hearing, we will publish a timely withdrawal of the direct
final rule in the Federal Register and inform the public that the rule
will not take effect. We will address all public comments received on
the proposed rule in a subsequent final rule, we will not institute a
second comment period on the proposed rule. Any parties interested in
commenting on the proposed rule must do so at this time.
Judicial Review. Under section 307(b)(1) of the CAA, judicial
review of the direct final rule is available only by filing a petition
for review in the U.S. Court of Appeals for the District of Columbia
Circuit by February 27, 2007. Under section 307(d)(7)(B) of the CAA,
only an objection to the direct final rule that was raised with
reasonable specificity during the period for public comment can be
raised during judicial review. Moreover, under section 307(b)(2) of the
CAA, the requirements established by the direct final rule may not be
challenged separately in any civil or criminal proceedings brought by
the EPA to enforce these requirements.
Outline. The information presented in this preamble is organized as
I. Why are we amending the rule?
II. What amendments are we making to the rule?
III. What are the compliance dates?
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act
J. Congressional Review Act
On December 15, 1995, EPA issued a NESHAP section 112 of the CAA
for shipbuilding and ship repair (surface coating) operations (60 FR
64330). The shipbuilding and ship repair rule requires existing and new
major sources to control emissions of hazardous air pollutants to the
level achievable using maximum achievable (MACT) control technology.
The rule applies to shipbuilding and ship repair operations at any
facilities that are major sources, that apply marine coatings to
``ships'' and that meet the definition of ``affected source'' in 40 CFR
63.782 (Section 63.782 defines ``affected source'' as ``any
shipbuilding or ship repair facility having surface coating operations
with a minimum 1,000 liters (L) (264 gallons annual marine coatings
usage that is subject to this subpart.'') ``Ship building and ship
repair operations,'' as defined in subpart II (40 CFR 63.782), means
``any building, repair, repainting, converting, or alteration of
ships.''
In the December 6, 1994, proposed rule (59 FR 62681) the term
``ship'' was defined as ``any marine or fresh-water vessel used for
military or commercial operations.'' The term ``commercial,'' in turn,
was defined broadly as ``any vessel not owned and operated by the U.S.
military or the U.S. Coast Guard.'' During the public comment period on
the proposed rule, EPA received public comments which expressed concern
that the definition of ``ship'' in the proposed rule was too broad and
could be read to cover facilities engaged in building or repairing
vessels that are small in size and are intended for, or used for, only
recreational use. In response to these comments, EPA added a definition
for ``pleasure craft'' in the final rule and excluded ``pleasure
craft'' as so defined from the definition of ``ship.'' Specifically,
EPA defined ``ship'' and ``pleasure craft'' in the final rule as
Ship means any marine or fresh-water vessel used for
military or commercial operations, including self-propelled vessels,
those propelled by other craft (barges), and navigational aids (buoys).
This definition includes, but is not limited to, all military and Coast
Guard vessels, commercial cargo and passenger (cruise) ships, ferries,
barges, tankers, container ships, patrol and pilot boats, and dredges.
For purposes of this subpart, pleasure crafts and off-shore oil and gas
drilling platforms are not considered ships.
Pleasure craft, which is excluded from the definition of
ship, is defined as any marine or fresh-water vessel used by
individuals for noncommercial, nonmilitary, and recreational purposes
that is less than 20 meters in length. A vessel rented exclusively to
or chartered by individuals for such purposes shall be considered
pleasure craft.
Although EPA had proposed a broad definition for the term
``commercial'' in the proposed rule, it did not adopt that definition
in the final rule issued in 1995. It did, however, use the undefined
term ``commercial'' in defining what constitutes a ``ship.'' In
creating the definition of ``pleasure craft'' in the final NESHAP and
excluding pleasure craft from the definition of ``ship,'' we intended
that only those vessels less than 20 meters in length used by
individuals for nonmilitary and noncommercial purposes (i.e.,
recreational purposes) would be exempt from subpart II. Our use of the
terms ``noncommercial, nonmilitary and recreational'' in the definition
of ``pleasure craft'' and our failure to adopt the proposed broad
definition of ``commercial'' coupled with the ``commercial and
military'' restriction in the definition of ``ship'' have led to
questions as to whether the final NESHAP applies to shipbuilding and
ship repair operations conducted on vessels that measure 20 meters or
more in length, that are neither military nor commercial vessels. In
reviewing this applicability question, we have determined that vessels
measuring 20 meters or more in length that are neither military nor
commercial do not meet the current definition of ``ship'' in 40 CFR
63.782, and are therefore not subject to the requirements of subpart
II. Thus, the gap in coverage in the existing regulations relates to
the following operations conducted at shipbuilding and ship repair
facilities that meet the definition of affected source in 40 CFR
63.782: Shipbuilding and ship repair operations that are conducted on
vessels 20 meters or greater in length that are designed and built for
nonmilitary and noncommercial operations. Because we had intended to
cover such operations in the 1995 final NESHAP, we are issuing these
amendments to fill this unintended gap in the existing regulations.
Specifically, these amendments fill the gap by, amending the
regulatory definition of ``ship'' to cover, among other things, all
marine or fresh-water vessels measuring 20 meters or more in length;
including a definition of ``commercial'' to clarify which vessels less
than 20 meters are subject to subpart II; and eliminating the term
``pleasure craft'' in subpart II, because that definition has created
unnecessary confusion. In reviewing the definition of pleasure craft,
we realized that the definition was too limiting because it defined
pleasure craft by reference to a vessel's actual use. Although defining
pleasure craft in such a manner may be appropriate for purposes of ship
repair activities, it is not an appropriate criterion for ship building
activities because it is unrealistic to expect a shipbuilder to know
definitively at the time of construction of the vessel whether the
vessel will be used for recreational or commercial purposes.
In summary, these amendments fill an unintended gap in the coverage
of subpart II by establishing that shipbuilding and ship repair
operations performed on all marine or fresh-water vessels measuring 20
meters or more in length are subject to the requirements of subpart II
regardless of the purpose for which the vessel is designed, built, or
used. These amendments also clarify that subpart II shall not be
construed to apply to coating activities that are subject to emission
limitations or work practices under the NESHAP for boat manufacturing
at 40 CFR part 63 subpart VVVV.
Specifically, we are: (1) Revising the definition of ship to
include all vessels measuring 20 meters or more in length regardless of
the purpose for which the vessel is constructed or used and any vessels
that are less than 20 meters in length, designed and built specifically
for military or commercial purposes; (2) including a definition of
commercial to further identify those nonmilitary vessels that are less
than 20 meters in length that we consider to meet the definition of
ship in subpart II as those that are specifically designed and built
for the purposes of generating compensation for products or services;
(3) eliminating the term ``pleasure
craft''; and (4) excluding from subpart II those coating activities
that are subject to emission limitations or work practices under the
NESHAP for boat manufacturing at 40 CFR part 63 subpart VVVV. As a
result of this action, shipbuilding and ship repair operations on all
marine or fresh-water vessels measuring 20 meters or more in length,
regardless of the purpose for which the vessel is constructed or used,
will now be subject to subpart II, not subpart MMMM which contains the
default requirements for any metal surface coating not specifically
covered by another NESHAP.
The compliance period for the shipbuilding and ship repair
operations that are subject to subpart II for the first time as the
result of these amendments is described below in section III.
The revised definitions are as follows:
Commercial means any enterprise or activity that receives
compensation for products and/or services rendered.
Ship means all marine or fresh-water vessels that are
either (1) 20 meters or more in length regardless of the purpose for
which the vessel is constructed or used, or (2) that are less than 20
meters in length and are designed and built specifically for military
or commercial purposes. This definition includes, but is not limited
to, all military and Coast Guard vessels, commercial cargo and
passenger (cruise) ships, ferries, tankers, container ships, patrol and
pilot boats, yachts, and dredges. For purposes of this subpart,
offshore oil and gas drilling platforms are not ships.
We address the compliance date for those affected sources that
conduct the type of operations that are, as the result of these
amendments, newly subject to subpart II. Specifically, those existing
affected sources that are engaged in the type of shipbuilding and ship
repair operations that became subject to the Shipbuilding and Ship
Repair NESHAP as the result of these amendments must comply with the
requirements applicable to those operations by December 31, 2007. The
1-year compliance deadline allows these affected sources a reasonable
period of time in which to deplete existing inventories of coatings and
to plan and implement appropriate compliance procedures. Additionally,
the 1-year period provides sources an opportunity to obtain compliant
coatings and/or identify alternative methods of limiting emissions. The
EPA does not expect that any new affected source engaged solely in the
operations that are the subject of these amendments will be built;
however, in the event that such a new facility is built, it must comply
according to the schedule in 40 CFR 63.6(b). (For purposes of this
discussion, a new affected source is an ``affected source,'' as defined
by 40 CFR 63.782, at which shipbuilding and ship repair operations are
conducted exclusively on vessels 20 meters or greater in length that
are designed and constructed for nonmilitary and noncommercial
operations, for which construction or reconstruction is commenced after
the date of this companion proposed rule.)
Under Executive Order 12866 (58 FR 51735, October 4, 1993), the
Agency must determine whether the regulatory action is ``significant''
and, therefore, subject to Office of Management and Budget (OMB) review
and the requirements of the Executive Order. It has been determined
that this direct final rule is not a ``significant regulatory action''
under the terms of Executive Order 12866 and are, therefore, not
subject to OMB review.
This action may impose additional information collection burden for
sources currently subject to and complying with subpart II. Sources
currently complying with subpart II that choose to build or repair
marine or fresh-water vessels that are 20 meters or more in length and
are not either military or commercial vessels will need to expand their
current subpart II recordkeeping and reporting to include these
additional shipbuilding and ship repair activities. However, we believe
that the additional information collection burden is minimal as the
proportion of these activities at most shipyards is minimal; therefore,
the information collection requests have not been revised. OMB has
previously approved the information collection requirements contained
in the existing regulations under the provisions of the Paperwork
Reduction Act, 44 U.S.C. 3501 et seq., and has assigned OMB control
number 2060-0330 (EPA ICR No.1712.05).
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
An agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations are listed in 40 CFR part 9.
The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the Agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions.
For purposes of assessing the impacts of the direct final rule on
small entities, a small entity is defined as: (1) A small business
mostly in the North American Industrial Classification System (NAICS)
code 336611 that has less than 1000 or fewer employees; (2) a small
governmental jurisdiction that is a government of a city, county, town,
school district or special district with a population of less than
50,000; and (3) a small organization that is any not-for-profit
enterprise which is independently owned and operated and is not
dominant in its field.
After considering the economic impacts of this rule on small
entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. This rule
will not impose any requirements on small entities.
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures by State, local,
and tribal governments, in the aggregate, or by the private sector, of
$100 million or more in any 1 year. Before promulgating an EPA rule for
which a written statement is needed, section 205 of the UMRA generally
requires EPA to identify and consider a reasonable number of regulatory
alternatives and adopt the least-costly, most cost-effective, or least
burdensome alternative that achieves the objectives of the rule. The
provisions of section 205 do not apply when they are inconsistent with
applicable law. Moreover, section 205 allows the EPA to adopt an
alternative other than the least-costly, most cost effective, or least-
burdensome alternative if the Administrator publishes with the final
rule an explanation why that alternative was not adopted. Before EPA
establishes any regulatory requirements that may significantly or
uniquely affect small governments, including tribal governments, it
must have developed under section 203 of the UMRA a small government
agency plan. The plan must provide for notifying potentially affected
small governments, enabling officials of affected small governments to
have meaningful and timely input in the development of EPA regulatory
proposals with significant Federal intergovernmental mandates, and
informing, educating, and advising small governments on compliance with
the regulatory requirements.
EPA has determined that the direct final rule does not contain a
Federal mandate that may result in expenditures of $100 million or more
for State, local, and tribal governments, in the aggregate, or the
private sector in any 1 year. Therefore, the direct final rule is not
subject to the requirements of sections 202 and 205 of the UMRA. In
addition, EPA has determined that the direct final rule contains no
regulatory requirements that might significantly or uniquely affect
small governments because the burden is small and the regulation does
not apply to small governments. Therefore, the direct final rule is not
subject to the requirements of section 203 of the UMRA.
Executive Order 13132 (64 FR 43255, August 10, 1999) requires the
EPA to develop an accountable process to ensure ``meaningful and timely
input by State and local officials in the development of regulatory
policies that have federalism implications.'' ``Policies that have
federalism implications'' is defined in the Executive Order to include
regulations that 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.''
The direct final rule does not have federalism implications. They
will not have substantial direct effects on the States, on the
government, as specified in Executive Order 13132. Thus, Executive
Order 13132 does not apply to the direct final rule.
F. Executive Order 13175: Consultation and Coordination With Indian
Executive Order 13175 (65 FR 67249, November 9, 2000) requires EPA
to develop an accountable process to ensure ``meaningful and timely
input by tribal officials in the development of regulatory policies
that have tribal implications.'' The direct final rule does not have
tribal implications, as specified in Executive Order 13175. This rule
will not have substantial direct effects on tribal governments, 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 in Executive Order 13175.
Thus, Executive Order 13175 does not apply to the direct final rule.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any
rule that: (1) is determined to be ``economically significant'' as
defined under Executive Order 12866, and (2) concerns an environmental
health or safety risk that the EPA has reason to believe may have a
disproportionate effect on children. If the regulatory action meets
both criteria, the EPA must evaluate the environmental health or safety
effects of the planned rule on children, and explain why the planned
regulation is preferable to other potentially effective and reasonably
feasible alternatives considered by the EPA.
EPA interprets Executive Order 13045 as applying only to those
regulatory actions that are based on health or safety risks, such that
the analysis required under section 5-501 of the Executive Order has
the potential to influence the regulation. The direct final rule is not
subject to Executive Order 13045 because the rule (subpart II) is based
on technology performance, not health or safety risks. Furthermore, the
direct final rule has been determined not to be economically
significant as defined under Executive Order 12866.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
The direct final rule is not subject to Executive Order 13211 (66
FR 28355, May 22, 2001), because it is not a significant regulatory
action under Executive Order 12866.
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, 12(d) (15 U.S.C. 272 note),
directs the EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies. The NTTAA directs the EPA to
provide Congress, through OMB, explanations when the Agency decides not
to use available and applicable voluntary consensus standards.
No new standard requirements are specified in the direct final
rule. Therefore, the EPA is not proposing or adopting any voluntary
consensus standards in the direct final rule.
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 the direct final
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 direct final rule in the Federal Register.
The direct final rule is not a ``major rule'' as defined by 5 U.S.C.
804(2).
List of Subjects in 40 CFR Part 63
Environmental protection, Administrative practice and procedure,
Air pollution control, Hazardous substances, Intergovernmental
relations, Reporting and recordkeeping requirements.
Dated: December 22, 2006.
Stephen L. Johnson,
Administrator.
For the reasons set out in the preamble, title 40, chapter I, part 63,
of the Code of Federal Regulations is amended as follows:
PART 63--[AMENDED]
Authority: 42 U.S.C. 7401, et seq.
Subpart II--[Amended]
2. Section 63.781 is amended by redesignating paragraphs (b), (c) and
(d) as (c), (d) and (e) respectively and adding a new paragraph (b).
Sec.  63.781  Applicability.
(b) The provisions of this subpart do not apply to coating
activities subject to emission limitations or work practices under 40
CFR part 63 subpart VVVV.
3. Section 63.782 is amended by adding a definition for ``Commercial'',
removing the definition of ``Pleasure craft'', and revising the
definition of ``Ship'':
Sec.  63.782  Definitions.
Ship means all marine or fresh-water vessels that are either 20
meters or more in length regardless of the purpose for which the vessel
is constructed or used, or that are less than 20 meters in length and
are designed and built specifically for military or commercial
purposes. This definition includes, but is not limited to, all military
and Coast Guard vessels, commercial cargo and passenger (cruise) ships,
ferries, tankers, container ships, patrol and pilot boats, yachts, and
dredges. For purposes of this subpart, offshore oil and gas drilling
platforms are not ships.
4. Section 63.784(a) is revised to read as follows:
Sec.  63.784  Compliance dates.
(a) Each owner or operator of an existing affected source shall
comply within two years after the effective date of this subpart,
except that the owner or operator of an existing affected source that
conducts shipbuilding and ship repair operations that first became
subject to this NESHAP on [date of publication of this direct final
rule and FR cite], shall comply with the requirements of this subpart,
as they apply to those operations, by December 31, 2007.


text:
Environmental Justice and the New Pluralism: The Challenge of Difference for Environmentalism
David Schlosberg
Published to Oxford Scholarship Online: November 2003
DOI: 10.1093/0199256411.001.0001
Part I Environmentalism and Difference: The Pluralist Challenge
1 Introduction: The Environmental Challenge to Pluralism
2 Approaches to Difference in the US Environmental Movement: Classification Schemes, Hegemonic Definitions, and Singular Motivations
Part II Critical Pluralism in Theory
3 Pluralism and Difference: A Genealogy of Multiplicity
4 Components of a Critical Pluralism: Ethics and Processes
Part III Environmental Justice: Critical Pluralism in Practice
5 The Politics of Networking in the Grassroots Environmental Justice Movement
6 Communicative Practices and Communicative Demands in the Environmental Justice Movement
Part IV Conclusion
7 Environmental Justice and the Prospects for a Critical Pluralism
Environmental Politics
The Politics of Networking in the Grassroots Environmental Justice Movement
(p.107) 5 The Politics of Networking in the Grassroots Environmental Justice Movement
Environmental Justice and the New Pluralism
David Schlosberg (Contributor Webpage)
DOI:10.1093/0199256411.003.0005
The central claim of this work is that the diverse and fast-growing environmental justice movement in the United States embodies the newly emerging concepts and practices of critical pluralism, so this chapter turns to the environmental movement for examples of this in practice. Specifically, it looks at the new network structures and processes that have been adopted by grassroots environmental movements, which make connections, and create solidarity out of an understanding and respect for both differences and similarities, and work from a variety of places with a wide array of tactics. The chapter begins by exploring the value of difference (plurality) in the movement, and continues by examining the bases of the environmental justice movement in a number of pre-existing social and political networks, looking at how these networks link issues and establish alliances among diverse groups, how they form in order to deal with environmental issues of varying dimensions, and how they are structured organizationally. The author also examines some of the reasons why this form of organizing is a tactical strength, as it confronts (mirrors and maps) itself onto changing practices in capital movement and political oversight. Finally, in an initial attempt to evaluate the network form, some of the difficulties in, and criticisms of, networking as a social-movement strategy are explored.
Keywords: critical pluralism, criticisms, difference, environmental justice, environmental movement, grassroots environmental movements, network structures, networking, similarity, solidarity, tactical strength, United States

redpajama_set_name: RedPajamaCommonCrawl


The Broad Experience is brought to you by Ashley Milne-Tyte, a British-born writer and public radio reporter based in New York. I'm also a teacher and podcast consultant.
I started The Broad Experience a few years ago while studying on CUNY's Entrepreneurial Journalism Program.
The Broad Experience is available on iTunes, Acast, SoundCloud, Stitcher and TuneIn. It has aired on WLRN, Miami's public radio station, Georgia Public Broadcasting, Wisconsin Public Radio and the Women's International News Gathering Service.
Here's why I started the show: We all define success differently, and having a sane, balanced existence is important to a lot of us. But many women are ambitious, yet we don't quite reach our full potential. There are many reasons why. They've often been boiled down to one thing: babies. It's more complicated - and interesting - than that. I wanted to bring some nuance to this topic.
Five years after starting the show, women and the workplace has become an international topic of conversation. What differentiates my show from everything else out there is its focus on women of different ages from all sorts of different backgrounds, who can speak to the theme of each show. As a lifelong curious person and professional journalist since 2003, I also pride myself on my interviewing skills and my audio and production capabilities.
About the name: non-Americans may not know that 'broad' is decades-old slang for 'woman' in US English. I wanted the name to be fun and distinctive. We discuss important topics here, but I don't take myself too seriously.
If you have feedback about the show, questions, story ideas, etc., please get in touch with me.


You've heard me talk about Li'l Stories quite a bit over the past few years, and many of you have helped me make the project a reality in 2015 via Kickstarter. After developing the language arts framework, the Li'l Stories team has started implementing it through our Labs, one-week storytelling programs at public elementary schools throughout New York City. We now have two teachers who run our Labs at schools and work closely with educators and students.
This past fall we started working with first and second grade classes at P.S. 43, using Li'l Stories for different curriculum units and learning goals. The fundamental skills that our Labs are founded upon are creativity and collaboration. These are not always evident in today's classrooms, particularly in high-needs settings. Title 1 schools like P.S. 43 are one of the audiences we had in mind when we first developed Li'l Stories.
Children tell stories as a natural activity every day. It's part of their spontaneous play, and they share ideas openly with each other without hesitation. In the classroom setting, however, the pressure to put ideas in writing often limits the creativity and imagination of young, emerging writers. The storyboarding activity of Li'l Stories is designed to nurture the whimsical nature of children's story creation process.
The initial storyboards of first graders in our December Labs at P.S. 43 demonstrated that the string of events in children's stories are often fanciful and outlandish, yet ultimately make sense. In the story "The Caterpillar Goes Everywhere," a pair of collaborating students sketch the tale of a caterpillar that goes from his home to outer space in the morning, then returns home to watch TV and eat salami for dinner. There's little concept of time and space, but it's the students' story, so why shouldn't the caterpillar go to space after breakfast?
Teachers were impressed with the results and students had a lot of fun using storyboarding to develop their own visual narratives. We hope to continue our work with the P.S. 43 classes this spring. Contributions to our campaign will pay for materials and supplies (storyboards, Post-its, markers, custom materials), our Li'l Stories teachers, and custom development of our programs and tools. All donations are tax-deductible.
We've been inspired every time we work with the kids at P.S. 43, and we can't wait for Li'l Stories to make more of an impact.
First posted on Learning through Stories, a publication by Li'l Stories.
Over the past year, as we've continued to expand Li'l Stories, we've developed several different collaborative storytelling Labs and worked with teachers at P.S. 3 to incorporate them into their curricula. The Labs are in-class enrichment programs, collaborations with teachers at elementary schools, art organizations, libraries and museums in New York City.
Given all the twists and turns of the past few months, we're wondering exactly what the rest of 2017 has in store. We know we're not alone! We recently participated in the Women's March in New York and were overwhelmed by the incredible passion and energy of our fellow marchers. The experience reminded us of the importance of civic engagement and the power that people have when they come together. As we continue to design projects related to education and publishing, we can't help thinking about this spirit of engagement as a goal for our work. Collaboration is our favorite part of the design process, and good design—with the goal of elevating the lives of its users—is almost by definition democratic. Many of the projects we've worked on over the past year touched on these themes, and we hope to build on this aspect of our practice in 2017.
Our recent design work focuses on education (read the latest on Li'l Stories here), and a big part of what we do involves getting kids to love reading. It goes without saying that we love reading as well—and it's most definitely not all for work. We're always looking for new books that will help us discover a fresh idea or give us a different perspective on the world. For this edition of our annual reading list, we asked our colleagues at Civic Hall, the collaboration center for civic tech innovators in New York, if they could recommend any titles that resonated with them over the past year.
The selected books explore subjects as varied as creativity, business and how to evolve the workplace to make it better for women, to time-traveling thrillers and a personal memoir about the impact of race. The suggestions may give you a few gift ideas just in time for the holidays, or a title to get lost in during a little downtime.


After UK Prime Minister, Theresa May publicly rejected the European Union's draft Brexit Withdrawal Treaty, the European Council President, Donald Tusk has asked May to propose a better solution. Tusk wants May's alternative to provide a solution which would be as effective in preventing a hard border in Ireland as the one demanded in the treaty. The treaty requested Northern Ireland stay within the EU's regulatory regime to avoid the need for a hard border to be placed between Northern Ireland and the Republic of Ireland. However, May insisted this would divide the UK in two and 'threaten the constitutional integrity of the UK'. Both May and Tusk are scheduled to meet before tomorrow's Brexit speech by May.
Back in the UK, the UK Manufacturing PMI is forecast to remain relatively stable and post 55.1. Across the pond, Fed Chair, Jerome Powell will be testifying before the Senate Banking Committee on the semi-annual Monetary Policy Report. The ISM Manufacturing PMI will also be released, expected to remain static and post 59.


In an apparent bid to pick up all ten available Oscar nominations in 2012, Weisz will star alongside Emily Blunt (who's almost as busy, with "Salmon Fishing in the Yemen" currently filming, and recently signing on to Rian Johnson's "Looper") in an untitled new film from director Lynn Shelton, who was behind last year's Sundance hit "Humpday." The film will revolve around a pair of sisters, played by Blunt and Weisz, and like Shelton's earlier film, will be semi-improvised.
This entry was posted on October 11, 2010 at 10:21 am and is filed under Uncategorized.	You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.


text:
The Night Manager: Costume Design—Dressing ... or UnDressing a Woman
While Tom Hiddleston stars as The Night Manager in the upcoming show on AMC —
and presents a beautifully tailored image via costume designer Signe Sejlund to boot—
It's the silky wardrobe worn by Elizabeth Debicki's character Jed that's getting most of the attention.
The British TV viewing public loved the BBC's adaptation of John LeCarré's espionage story originally set in the early 1990's but changed to post 9/11 for the six part television series. And part of what they loved was the wardrobe from costume designer Signe Sejlund, especially the wardrobe worn by the character Jed, the wife of arms dealer Richard Roper (Hugh Laurie).
There's a reason models are tall. Most clothes look best on tall giraffe-like figures like Elizabeth Debicki. And yet. Costume designer Sejlund, who described Ms Debicki as an 'extremely elegant giraffe' in The Mail, said Debicki at 6 foot 2 inches was so tall she actually had trouble fitting her.
'I had to discard a lot of clothes I brought to the fitting because although they would have been full length on a normal person, on Elizabeth they came just below her knee,' Ms Sejlund said.
While Debicki's character Jed is attached to Hugh Laurie's arms dealer character, she is attracted to Jonathan Pine (Hiddleston). •SPOILER ALERT•
I've heard tell Debicki doesn't keep her clothes on long!
Grecian-style off the shoulder blue dress from Yde by Ole Yde for £2000, about $3000
Not surprisingly then, some of Jed's dresses were designed, not just to fit the actress, but to slip off easily.
'I liked the idea of Jed being one button or a zip away from being completely naked,' Sejlund added. 'The blue dress Jed discards to go swimming naked in the sea was specially designed to slip off.'
Taupe cowl-neck jumper dress from Selfridges priced at £350, about $500
Satiny, mustard yellow Rosie for Autograph underwear from Marks and Spencer at £38.50, about $55
I don't know about you, but I'm going to run right out and order that bra and panty set. I'm sure it wil make me look 25 again, just like Elizabeth Debicki.
Sexy looking show, right? The Night Manager, directed by Suzanne Bier, debuts April 19th on AMC.
costume design Elizabeth Debicki John LeCarré The night Manager Tom Hiddleston


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We also have a corporate website, with documents, downloads and further information. This is part of the main Lancashire County Council website, and can be found at www.lancashire.gov.uk.


text:
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                $prevent->borrarSesiones();
                $_SESSION['usuario'] = $usuarioBd->obtenerUsuario($_POST["email"]);
                AlertAction::create("success", 'Bienvenido a SALPIMENTA ', ' ' . $_SESSION["usuario"][0]->getNombre() . '');
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}

redpajama_set_name: RedPajamaGithub


text:
Yu-Gi-Oh – The Game King
By Billy Bolt
In 2009 Yu-Gi-Oh was named the top selling collectable card game of all time. The Japanamation power house has sold over twenty two billion cards worldwide to date. Things seem to be looking great for "The Game King". In America one would be hard presses to find Yu-Gi-Oh cards any place but bargain bins. Local Yu-Gi-Oh hot spots seemed to be scrambling to find new product to keep their Duelers from abandoning the collector lifestyle. This lack of customer confidence in the States could be hard for Konami to overcome.
This year Konami and Upper Deck could be found "Duelling" it out in a nasty litigation battle over copyright infringement and counter fitting. The website www.next-gen.biz reported this statement "At this point, Upper Deck doesn't have a lot of Life Points. We're talking about behaviour that, from a defence attorney's standpoint, I can't defend and I am not going to defend," said attorney Richard Howell, who represented Upper Deck. "I'm here defending a counterfeiter. And now I have to deal with that issue." This comic book like story started when Konami filed a lawsuit against Upper Deck. While in this legal battle Upper Deck continued to print and distribute without Konami's consent. With all that litigation it's hard to believe that any new products could come out of such chaos.
To look at the products available to the American public this year, one may conclude that there was a lot to offer the public. Cards only printed in Japan before could be found in new boosters available in the states. Hard to find cards went to reprint making it easier for players to build tournament worthy decks. New sets found their way to shelves, some boxed in collectors' tins. The new product available this year was very hard to find.
Store owners and player have mixed feelings about this year's selection. The long time Yu-Gi-Oh players could be found complaining about the $80 card they bought on Ebay could now be found in a $10 Gold Series box. New players excited about playing the once hard to find cards could be found complaining about the pour selection of new cards. Store owners could be heard complaining about customers trying to return counterfeit cards. The same store owners stopped buying new sets to display, holding tournaments and selling singles. Consumer confidence at an all time low made it very hard to sell a card for its estimated worth.
The once booming secondary market took a hard hit. Hard to find cards that where once selling for large amounts of money could now be found for pennies on the dollar. People seem to be unloading there whole collections for just pennies. Large card lots could be found for just $.99 in online auction houses. The highly sought after Ghost Rare cards once selling for hundreds could be found as low as two dollars. It looks like the end for "The Game King".
If there is something Yu-Gi-Oh has it is the shelf appeal. The cool Dragons and unique characters is the standard for Japanamation in the state. You will not find a more eye catching package that just screams "BUY ME". No matter how useless the cards playability might be the cards always look cool. The cards have always appealed to kids that have no idea it's a game. No matter how uphill this battle of winning over the American consumer might be, the next generation of players will be ready to buy the next checkout line booster pack.
Billy Bolt
cards deck duelling game howell japanamation king konami richard upper Yu-Gi-Oh
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