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Citation: 58 Fed. Reg. 62532 1993 

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No. 227 / Monday, November 29, 1993 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD09-93-034]

Drawbridge Operation Regulations,

Chicago River, IL

AGENCY: Coast Guard, DOT.

ACTION: Notice of temporary deviation.

SUMMARY: Notice is hereby given that

the Coast Guard has issued a temporary

deviation to the regulations governing

the opening of certain drawbridges over

the Chicago River, from December 1

through December 31, 1993. This

deviation requires the City to open the

bridges on signal after receiving an

advance notice of a vessel's intended

time of passage through the draws

without regard to the number of vessels

to be afforded passage, and establishes

specific periods of time in which these

bridge openings are to be scheduled.

The City is being granted this deviation

to reduce the frequency with which it

must open its drawbridges and provide

time for necessary maintenance during

the weekdays, Monday through Friday.

EFFECTIVE DATE: The period of deviation

is effective from December 1, 1993, and

continues through December 31, 1993.

FOR FURTHER INFORMATION CONTACT:

Robert W. Bloom. Jr., Bridge Program

Manager, Ninth Coast Guard District.

Telephone number (216) 522-3933

SUPPLEMENTARY INFORMATION: The

flotillas of recreational sailboats have all

returned to the boatyards for winter

storage on the Chicago River system.

This deviation is for the purpose of

providing specific times on Saturdays

and Sundays for sailboat movements on

the river system, while providing the

City with an uninterrupted period of

Mondays through Fridays to perform

maintenance on its bridges. The bridges

affected by this deviation are listed

below:

Main Branch

Lake Shore Drive

Columbus Drive

Michigan Avenue

Wabash Avenue

State Street

Dearborn Street

Clark Street

La Salle Street

Wells Street

Franklin-Orleans Street

South Branch

Lake Street

Randolph Street

Washington Street

Madison Avenue

Monroe Street

Adams Street

Jackson Boulevard

Van Buren Street

Eisenhower Expressway

Harrison Street

Roosevelt Road

18th Street

Canal Street

South Halsted Street

South Loomis Street

South Ashland Avenue

North Branch

Grand Avenue

Ohio Street

Chicago Avenue

North Halsted Street

This deviation from normal operating

regulations is authorized in accordance

with the provisions of title 33 of the

Code of Federal Regulations, § 117.35,

and applies only to the passage of

recreational vessels. Under this

deviation the bridges listed above

operated by the City of Chicago shall

operate as follows:

(a) The draws need open for the

passage of recreational vessels only from

7 a.m. to 2 p.m. on Saturdays and on

Sundays. and only after receiving a 24

hours advance notice.

(b) The Kinzie Street bridge, mile 1.81

across the North Branch, and Cermak

Road bridge, mile 4.05 across the South

Branch, shall continue to operate in

accordance with requirements presently

established in 33 CFR 117.391.

(c) All draws shall open for

commercial vessels in accordance with

current regulations in 33 CFR 117.391.

In accordance with current regulations,

including 33 CFR 117.391, government vessels of the United States, state and

local vessels used for public safety. and

vessels in distress shall be passed

through the draws of all bridges as soon

as possible at all times.

(d) This period of deviation is

effective from December 1, 1993,

through December 31, 1993.

Additional information may be

obtained from Robert W. Bloom, Jr.,

Bridge Program Manager, Ninth Coast

Guard District, room 2083D, 1240 East

Ninth Street, Cleveland, Ohio 44199-

2060, telephone (216) 522-3993.

Dated: November 22. 1993.

Rudy K. Peschel,

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

Ninth Coast Guard District.

[FR Doc. 93-29037 Filed 11-26-93; 8:45 am]

BILLNG CODE 4910-14-A

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[CA 45-1-6978; FRL-4806-7]

Conditional Approval of California's

Substitute Program for the Clean-Fuel

Fleet Program

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of final rulemaking

(NFR).

SUMMARY: EPA is finalizing the

conditional approval of revisions to the

California state implementation plan

(SIP) proposed in the Federal Register

on May 7. 1993. EPA did not receive

any written comments during the 30-

day comment period.

The California Air Resources Board

(CARB) requested EPA's conditional

approval of its commitment to submit a

substitute plan for the Clean Air Act

(CAA or Act) Clean-Fuel Fleet program

(fleet program). The CAA fleet program

provisions require states, in order to

opt-out of the fleet program, to submit

a substitute program for all or a portion

of the program(s) which achieve at least

equal long-term emission reductions of

ozone-producing and toxic air

emissions. EPA has determined that, in

limited circumstances, it may accept

committal SIPs to perform CAA

requirements. In this action, EPA is

finalizing the conditional approval of

California's commitment, thereby

granting California the ability to opt-out

of the fleet program.

EFFECTIVE DATE: This action is effective

on December 29, 1993.

ADDRESSES: Copies of the committal SIP

and Notice of Proposed Rulemaking are

available for public inspection at the

following EPA Region IX office during

normal business hours: Mobile Sources

Section, Air and Toxics Division, U.S.

Environmental Protection Agency,

Region IX, 75 Hawthorne Street, San

Francisco, CA 94105.

FOR FURTHER INFORMATION CONTACT:

Roxanne Johnson, Mobile Sources

Section, (A-2-1), Air & Toxics Division,

U.S. Environmental Protection Agency,

Region IX, 75 Hawthorne Street, San

Francisco, CA 94105, Telephone: (415)

744-1227.

SUPPLEMENTARY INFORMATION:

I. Background

On May 7, 1993 in 58 FR 27254, EPA

proposed to conditionally approve the*

State of California's commitment to

submit a substitute plan to "opt-out" of

the CAA Clean-Fuel Fleet program. The

62532 Federal Register / Vol. 58,

HeinOnline -- 58 Fed. Reg. 62532 1993
No. 227 / Monday, November 29, 1993 / Rules and Regulations 62533

fleet program is to introduce (in 22

nonattainment cities) lower pollution

emitting vehicles into centrally fueled

fleets of (10 or more) vehicles in areas

with the worst air quality problems.

Section 246 of the Act directs certain

states containing "covered areas," as

defined in section 246(a), to revise their

SIPs to require that "at least a specified

percentage of all new covered fleet

vehicles in model year 1998 and

thereafter purchased by each covered

fleet operated in each covered area shall

be clean-fuel vehicles and shall use

clean alternative fuels when operating

in the covered area."

The goal of the fleet program is to

reduce emissions of non-methane

organic gases (NMOG) and oxides of -

nitrogen (NOx), and to demonstrate the

feasibility of using clean-fuel vehicles in

centrally-fueled fleets. A credit program

for the fleet program along with

transportation control measure

exemptions for fleet vehicles was

promulgated in a separate rulemaking

(58 FR 11888, March 1, 1993).

California has proposed to opt-out of

the fleet program by submitting

California's low-emission vehicle (LEV)

regulations as a substitute program. The

SIP revision will commit California to

achieve emission reductions equivalent

to those predicted to occur with full

implementation of the CAA fleet

program.

H. Response to Comments

A 30-day public comment period was

provided in the May 7, 1993, 58 FR

27253. EPA did not receive any written

comments during the comment period,

which ended on June 7, 1993.

HI. EPA Evaluation and Final Action

EPA is finalizing action to

conditionally approve the submittal

revision for inclusion into the California

SIP (see General Preamble for the

Implementation of Title I of the Clean

Air Act Amendments of 1990, April 16,

1992, 57 FR 13498, regarding the

requirements of section 110(a) and part

D of the CAA). .EPA determined that if California and

other states are intending to opt-out of

the fleet program they should do so by

November 15, 1992, and should at that

time submit and commit to a substitute

plan. EPA conditionally approved

California's commitment and the State

will now be required to submit a fully

adopted SIP revision fulfilling that

commitment-by May 15, 1994 (also the

deadline for submitting SIP revisions to

implement the fleet program pursuant to

section 246(a) of the Act). If California

fails to submit a SIP revision fulfilling

its commitment of the substitute

program by May 15, 1994, the

conditional approval will be treated as

a disapproval and the statewill have an

obligation to submit a fully-adopted SIP

revision to implement the fleet program

in accordance with section 246. EPA

believes this approach is consistent with

the provisions of the Act and will

ensure that, by May 15, 1994, a SIP

revision either implementing the fleet

program or a substitute program

achieving equivalent air quality benefits

will have been submitted to EPA.

EPA will require much greater detail

by May 15, 1994 describing why and

how California's substitute program is

sufficient to provide long-term

reductions in ozone-producing, carbon

monoxide and toxic air emissions equal

to or greater than those provided by the

CAA fleet program. EPA expects that

California will consider its reasonable

further progress goals (as defined in

section 171 of the CAA) in deciding

whether to opt-out of the fleet program.

The State can still choose to implement

part or all of the CAA fleet program by

May 15, 1994.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

request for revision to any SIP. Each

request for revision to the SIP shall be

considered separately in light of specific

technical, economic, and environmental

factors and in relation to relevant

statutory regulatory requirements.

IV. Regulatory Process

This action has been classified as a

Table 2 Action by the Regional

Administrator under the procedures

published in the Federal Register on

January 19, 1989 (54 FR 2214-2225). On

January 6. 1989, the Office of

Management and Budget (OMB) waived

Table 2 and Table 3 SIP revisions from

the requirement of section 3 of

Executive Order 12291 for a period of

two years. U.S. EPA has submitted a

request for a permanent waiver for Table

2 and Table 3 SIP revisions. The OMB

has agreed to continue the waiver until

such time as it rules on U.S. EPA's

request. This request continues in effect

under Executive Order 12866 which

superseded Executive Order 12291 on

September 30, 1993.

under the Regulatory Flexibility Act,

5 U.S.C. 600 et seq., EPA must prepare

a regulatory flexibility analysis

assessing the impact of any proposed or

final rule on small entities. 5 U.S.C. 603

and 604. Alternatively, EPA may certify

that the plan will not have a significant

impact on a substantial number of small

entities. Small entities include small

businesses, small not-for-profit

enterprises, and government entities

with jurisdiction over populations less

than 50,000.

Conditional approvals under section

110 and subchapter I, part D of the CAA

do not create any new requirements, but

simply approve requirements that the

State is already imposing. Therefore,

because the federal SIP-approval does

not impose any new requirements, EPA

certifies that this final action would not

have a significant impact on any small

entities affected. Moreover, due to the

nature of the federal-state relationship

under the CAA, preparation of a

regulatory flexibility analysis would

constitute federal inquiry into the

economic reasonableness of State

action. The CAA forbids EPA to base its

actions concerning SIPs on such

grounds. Union Electric Co. v U.S.

E.P.A., 427 U.S. 246, 256-266 (S.Ct.

1976); 42 U.S.C. 7410(a)(2).

List of Subjects in 40 CFR Part 52

Environmental protection,

Administrative practice and procedure,

Air pollution control for Ozone,

Hydrocarbons, Intergovernmental

relations, Motor vehicles' pollution,

Nitrogen oxide, Reporting and

recordkeeping requirements.

Dated: November 2, 1993.

Felicia Marcus,

Regional Administrator.

Part 52, chapter I, title 40 of the Code

of Federal Regulations is amended to

read as follows:

PART 52-(AMENDED]

1. The authority citation for part 52

continues to read as follows:

Authority: 42 U.S.C. 7401-7671q.

Subpart F-California

2. Subpart F is amended by adding § 52.219 to read as follows:

§52.219 Identification of plan- Conditional approval.

The plan revision commitments listed

in paragraph (a) of this section were

submitted on the date specified.

(a) On November 13, 1992, California

submitted a commitment to prepare a

revision to the California State.

Implementation Plan (SIP) for the

California ozone nonattainment areas to

address the requirement in section

182(c)(4)(B) of the 1990 Clean Air Act

Amendments that requires the States to

develop a SIP revision for all ozone

nonattainment areas classified as

serious and above to opt-out of the

Clean-Fuel Fleet Program by submitting

for EPA approval a substitute program(s)

resulting in as much or greater longterm reductions in ozone-producing and

Federal Register / Vol. 58,

HeinOnline -- 58 Fed. Reg. 62533 1993
62534 Federal Register / Vol. 58, :No. 227 / Monday, November 29, 1993 / Rules and Regulations

toxic air emissions. The State submittal

contained an Interim milestone to

supply more accurate emission

reduction data demonstrating

equivalence no later than one year after

the publication date of the Federal

Register Notice approving the States

committal SIP revision. California is

required to submit the final SIP revision

by May 15, 1994. The State held a

public meeting on this committal SIP on

March 17, 1992. The California SIP

revisions are met automatically when

the SIP revision concerns a regulation

previously adopted by the Board.

[FR Doc. 93-29053 Filed 11-26-93; 8:45 am!

DILUnG CODE 5660-P

40 CFR Part 52

U1N21-26157: FRL-4806-0]

Basic and Enhanced Vehicle

Inspection and Maintenance Plan;

Indiana

AGENCY: United States Environmental

Protection Agency (U.S. EPA).

ACTION: Final rule.

SUMMARY: This action disapproves a

revision to the Indiana State

Implementation Plan (SIP) for the

attainment of the National Ambient Air

Quality Standard for ozone. This

revision was intended to provide for the

adoption and implementation of a

vehicle inspection/maintenance (I/M)

program meeting the requirements of

U.S. EPA regulations, published in the

Federal Register on November 5, 1992,

concerning vehicle I/M programs (I/M

Regulation) for the Lake, Porter, Clark,

and Floyd Counties ozone

nonattainment areas. The revision was

submitted on December 2, 1992 and

consisted of a commitment by the

Governor's designee to the timely

adoption and implementation of an I/M

program meeting all the requirements of

U.S. EPA's I/M regulations and a

schedule for implementation of the

required program. U.S. EPA's

disapproval of the submittal is based on

the failure by the State of Indiana to

meet important milestones pertaining to

the development and adoption of

necessary rulemaking for the I/M

program. Such failure prevented the

State from meeting its commitment to

submit a full revised I/M SIP by

November 15. 1993. U.S. EPA proposed

to disapprove the submittal on

September 9, 1993.

EFFECTIVE DATE: The final rule is

effective on December 2-9, 1993.

ADDRESSES: Materials relevant to this

final rule are available at the following

address: U.S. Environmental Protection

Agency, Region 5, Air and Radiation

Division, Regulation Development

Branch, 77 West Jackson Boulevard,

Chicago. Illinois 60604. The docket may

be inspected between the hours of 8:30

a.m. until 12 noon and from 1:30 p.m.

until 3:30 p.m. Monday through Friday.

A reasonable fee may be charged by U.S.

EPA for copying docket material.

FOR FURTHER INFORMATION CONTACT:

Francisco J. Acevedo, Environmental

Engineer, Regulation Development

Section, Regulation Development

Branch (5AR-18J). United States

Environmental Protection Agency,

Region 5. 77 West Jackson Boulevard.

Chicago, Illinois 60604, (312) 886-

6061.Anyone wishing to come to Region

5 offices should first contact Francisco

J. Acevedo.

SUPPLEMENTARY INFORMATION:

I. Background

On November 5, 1992 (57 FR 52950)

U.S. EPA published a final regulation

establishing the I/M requirements,

pursuant to section 182 of the Act. The

I/M regulation was codified at 40 CFR

part 51. subpart S, and requires, among

other things, that each State that is

required to implement an IVM program

must submit by November 15, 1992, a

SIP revision including two elements: (1)

A commitment from the Governor or

his/her designee to the timely adoption

and implementation of an I/M program

meeting all the requirements of the I/M

regulation; and (2) a schedule of

implementation. In addition, the

commitment was to provide interim

milestones that the State must meet

with regard to the timely

implementation of any necessary

legislation and regulations required to

have full legal authority to implement

the program. Failure by the State to

meet any of the above mentioned

requirements is grounds for U.S. EPA to

disapprove the commitment.

Under the authority of the Governor.

the Commissioner of the Indiana

Department of Environmental

Management. on December 2. 1992.

submitted a SIP revision to satisfy

certain requirements of the I/M

regulation to U.S. EPA. A public hearing

on this submittal was held by the State

on October 22. 1992. in Gary, Indiana.

The submittal included a commitment

to the timely adoption and

implementation of an I/M program in

the Lake. Porter, Clark. and Floyd

Counties ozone nonattainment areas

meeting all the requirements of the IIM

regulation and the Act by November 15.

-1993, and a schedule of

implementation.

On June 30,1993, the Indiana

legislature adjourned without taking

necessary action to enable

implementation of the T/M provisions

mandated in the Clean Air Act and the

I/M rule for Lake and Porter Counties.

This failure to provide necessary

authority has prevented the State from

submitting a complete SIP revision

containing all the required elements of

the program by November 15, 1993.

U.S. EPA reviewed the December 2,

1992 commitment and proposed to

disapprove it on September 9. 1993 (58

FR 47415). based on the failure by the

State to meet the commitment and

schedule contained in the SIP submittal

pertaining to the adoption of necessary

authority to implement I/M

requirements during the 1993 Indiana

General legislative session.

On August 17, 1993, U.S. EPA sent a

letter to Governor Bayh of Indiana and

to the Federal Highway Administration

advising them that U.S. EPA has

decided to exercise its discretionary

authority under section 110(m) of the

Act to impose sanctions at any time

once a finding of SIP deficiency is

made. Because of the failure of the

Legislature to provide necessary

authority to implement an enhanced I

M program in Lake and Porter Counties,

it is U.S. EPA's intent to publish a.

proposed rule in the Federal Register in

the near future proposing to limit

certain Federal highway funding

assistance statewide and to impose 2:1

emissions offset growth limitations for

new and modified major stationary

sources of volatile organic compounds

and oxides of nitrogen in the ozone

nonattainment counties of Lake, Porter,

Clark, Floyd. Marion, St. Joseph,

Elkhart. and Vanderburgh Counties. A

public comment period of at least 30

days and an opportunity for public

hearing(s) will[be provided t6'solicit

comments on the proposed imposition

of sanctions.

This final disapproval of the State's

commitment initiates the sanctions

process under section 179(a). Under

section 179(a), U.S. EPA is required to

impose one of the sanctions under

section 179tb) 18 months after the final

disapproval if the deficiencies are not

corrected by that time. In addition, the

final disapproval triggers the Federal

implementation plan requirement under

section 110(c). Further, as stated above.

U.S. EPA in an August 17, 1993. letter

to Governor Bayh of Indiana has

indicated its decision to exercise its

discretionary authority under section

110(m) of the Act in this situation. Such

discretionary authority allows U.S. EPA

to impose sanctions at any time once a

finding of SIP deficiency is made,

HeinOnline -- 58 Fed. Reg. 62534 1993