Federal Register / Vol. 61, No. 220 / Wednesday, November 13, 1996 / Rules and Regulations 58133

Damage Assessment Model for Coastal

and Marine Environments (NRDAM/

CME), Version 2.4, developed by the

Department of the Interior. Using the

NRDAM/CME Version 2.4 and the

information contained in this document,

trustees will have a simplified, costeffective tool to use in estimating

expected impacts of most incidents

involving oil. This information also can

be used to evaluate the possible

development of a simplified method,

such as a compensation formula, that

could be developed through the use of

the NRDAM/CME Version 2.4.

NOAA plans to have these documents

available on the Internet at http://

www.darcnw.noaa.gov/opa.htm and on

CD–ROM by the end of the calendar

year. NOAA would appreciate any

suggestion on how these documents

could be made more practical and

useful in the future. Persons wishing to

make any suggestions are referred to the

address at the front of this Notice.

Dated: November 7, 1996.

Terry D. Garcia,

General Counsel.

[FR Doc. 96–29047 Filed 11–12–96; 8:45 am]

BILLING CODE 3510–12–M

DEPARTMENT OF DEFENSE

Department of the Army

32 CFR Part 644

Real Estate Handbook

AGENCY: U.S. Army Corps of Engineers,

DoD.

ACTION: Final rule.

SUMMARY: The Corps of Engineers has

rescinded Subpart E—Homeowners

Assistance Program. The Homeowners

Assistance Program has undergone

substantial revision in the last few years

since the enactment of Appendix E,

Defense Authorization Amendments

and Base Closure and Realignment Act

of 1988 (Public Law 100–526). As

published, subpart E bears no

resemblance to the internal Engineer

Regulation (ER) 405–1–12, Chapter 7. It

is anticipated that ER 405–1–12 will

continue to be revised as needed to

better serve the interests of applicants

under the program. Copies of ER 405–

1–12 may be obtained by contacting any

Corps of Engineers District office having

responsibility for the Homeowners

Assistance Program.

EFFECTIVE DATES: November 13, 1996.

ADDRESSES: HQUSACE, ATTN: CERE–

RP, Washington, DC 20314–1000.

FOR FURTHER INFORMATION CONTACT: Mr.

John F. Downey at (202) 761–8987.

SUPPLEMENTARY INFORMATION: Pursuant

to its authorities in section 1013 of

Public Law 89–754, as amended and

DoD Directive 4165.50, The Corps

removes and reserves 32 CFR, Part 644,

Subpart E.

Economic Assessment and Certification

This deletion is issued with respect to

the administration of the Homeowners

Assistance Program. There will be no

negative impacts on potential applicants

to the Homeowners Assistance Program

and no impacts on small businesses or

governments in the areas of the

approved programs.

I hereby certify the deletion of this

subpart will have no significant impact

on a substantial number of small

entities.

List of Subjects in 32 CFR Part 644

Administrative practice and

procedure, Government employees, and

Military personnel.

Accordingly, part 644 of title 32 Code

of Federal Regulations is amended as set

forth below:

PART 644—[AMENDED]

1. The authority citation for part 644

continues to read as follows:

Authority: 5 U.S.C. 301; 10 U.S.C. 3012,

unless otherwise noted.

Subpart E—[Removed and Reserved]

2. Subpart E, consisting of §§ 644.181

through 644.242, is removed and

reserved.

Gregory D. Showalter,

Army Federal Register Liaison Officer.

[FR Doc. 96–28990 Filed 11–12–96; 8:45 am]

BILLING CODE 3710–92–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[CA 079–3–002; FRL–5640–2]

Approval and Promulgation of

Implementation Plans; California State

Implementation Plan Revision, Mojave

Desert Air Quality Management District

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is finalizing the approval

of revisions to the California State

Implementation Plan (SIP) proposed in

the Federal Register on October 31,

1995. The revisions concern new source

review (NSR) rules from the Mojave

Desert Air Quality Management District

(MDAQMD or the District). This

approval action will incorporate these

rules into the federally approved SIP.

The intended effect of approving these

rules is to regulate air pollution in

accordance with the requirements of the

Clean Air Act, as amended in 1990

(CAA or the Act). The rules control

emissions of air pollutants from new

and modified stationary sources. Thus,

EPA is finalizing the approval of these

rules into the California SIP under

provisions of the CAA regarding EPA

action on SIP submittals, SIPs for

national primary and secondary ambient

air quality standards and plan

requirements for nonattainment areas.

EFFECTIVE DATE: This action is effective

on December 13, 1996.

ADDRESSES: Copies of the submitted

rules and EPA’s evaluation report are

available for public inspection at EPA’s

Region IX office during normal business

hours. Copies of the submitted rules are

available for inspection at the following

locations:

New Source Section (A–5–1), Air and

Toxics Division, U.S. Environmental

Protection Agency, Region IX, 75

Hawthorne Street, San Francisco, CA

94105.

Environmental Protection Agency, Air

Docket (6102), 401 ‘‘M’’ Street, SW.,

Washington, DC 20460.

Mojave Desert AQMD, 15428 Civic

Drive, suite 200, Victorville, CA

92932.

Air Resources Board, 2020 L Street,

Sacramento, CA 95814.

FOR FURTHER INFORMATION CONTACT:

Steve Ringer, Permits Office, Air

Division, U.S. Environmental Protection

Agency, Region IX, 75 Hawthorne

Street, San Francisco, CA 94105,

Telephone: (415) 744–1260.

SUPPLEMENTARY INFORMATION:

Background

On October 31, 1995 at 60 FR 55355,

EPA proposed to approve MDAQMD

rules 1301–1308, and 1310–1312 into

the California SIP, contingent upon the

District’s adoption (and submittal as a

SIP revision) of corrections to a number

of deficiencies in the rules. On March

25, 1996, MDAQMD adopted the

following rules as the corrections

required in the October 1995 proposed

approval: MDAQMD Rule 1300,

General; MDAQMD Rule 1301,

Definitions; MDAQMD Rule 1302,

Procedure; MDAQMD Rule 1303,

Requirements; MDAQMD Rule 1304,

Emissions Calculations; MDAQMD Rule

1305, Emission Offsets; MDAQMD Rule

1306, Electric Energy Generating

Facilities. On March 25, 1996,
58134 Federal Register / Vol. 61, No. 220 / Wednesday, November 13, 1996 / Rules and Regulations

MDAQMD also rescinded rules 1307–

1313 and incorporated the substantive

provisions of those rules into rules

1300–1306. Rules 1300–1306 (adopted)

and rules 1307–1313 (rescinded) were

submitted by the California Air

Resources Board to EPA on July 23,

1996, as an amendment to the SIP (rules

1300–1306, as submitted on July 23,

1996, will hereafter be referred to as

‘‘the submitted rules’’). In the technical

support document (TSD) that EPA

prepared for the October 1995 proposed

approval, EPA discussed the

consolidation of the substantive

portions of rules 1307–1313 into rules

1300–1306, and the manner in which

rules 1300–1306 would, upon

consolidation, contain all of the

necessary NSR elements and make all of

the corrections necessary for final SIP

approval.

EPA has evaluated the submitted

rules to ensure that these rules contain

the changes that were listed as

contingencies for final approval in the

October 1995 proposed approval. The

submitted rules contain the changes

necessary for approval, in a manner that

is identical to that described in the TSD

for the proposed approval. Because the

submitted rules meet the contingencies

for final approval, EPA is now

promulgating final approval of rules

1300–1306, as submitted on July 23,

1996. EPA is also rescinding the

proposed approval of rules 1307, 1308,

1310, 1311, and 1312, because the

substantive portions of these rules have

been consolidated in the submitted

rules.

For a detailed description of how the

submitted rules contain the changes that

were listed as contingencies for final

approval in the October 1995 proposed

approval, please see the TSD for the

proposed approval. The TSD for the

proposed approval is available at EPA’s

Region IX office at the location listed

under the Addresses section of this

Federal Register document.

EPA has also evaluated the submitted

rules for consistency with the

requirements of sections 172 and 173 of

the CAA and EPA’s NSR regulations at

40 CFR 51.160 through 51.165. EPA has

found that the rules meet the applicable

EPA requirements. A detailed

discussion of the rule provisions and

evaluations has been provided in the

TSD for the proposed approval.

Response to Public Comments

A 30-day public comment period was

published in the Federal Register on

October 31, 1995 at 60 FR 55355. EPA

received no comments on the proposed

approval of these rules.

EPA Action

EPA is finalizing action to approve

rules 1300–1306 as described above for

inclusion into the California SIP, and to

rescind the proposed approval of rules

1307, 1308, and 1310–1312, as

described above. EPA is approving the

submittal under section 110(k)(3) as

meeting the requirements of section

110(a) and part D of the CAA. This

approval action will incorporate the

submitted rules into the federally

approved SIP. The intended effect of

approving these rules is to regulate

emissions of air pollution in accordance

with the requirements of the CAA.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

request for revision to any state

implementation plan. 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 and

regulatory requirements.

Unfunded Mandates

Under sections 202, 203, and 205 of

the Unfunded Mandates Reform Act of

1995 (‘‘Unfunded Mandates Act’’),

signed into law on March 22, 1995, EPA

must undertake various actions in

association with proposed or final rules

that include a Federal mandate that may

result in estimated costs of $100 million

or more to the private sector or to State,

local, or tribal governments in the

aggregate.

Through submission of this state

implementation plan revision, the State

and any affected local or tribal

governments have elected to adopt the

program provided for under part D of

the Clean Air Act. These rules may bind

State, local, and tribal governments to

perform certain actions and also require

the private sector to perform certain

duties. The rules being approved by this

action will impose no new requirements

because affected sources are already

subject to these regulations under State

law. Therefore, no additional costs to

State, local, or tribal governments or to

the private sector result from this action.

EPA has also determined that this final

action does not include a mandate that

may result in estimated costs of $100

million or more to State, local, or tribal

governments in the aggregate or to the

private sector.

Under 5 U.S.C. 801(a)(1)(A) as added

by the Small Business Regulatory

Enforcement Fairness Act of 1996, EPA

submitted a report containing this rule

and other required information to the

U.S. Senate, the U.S. House of

Representatives and the Comptroller

General of the General Accounting

Office prior to publication of the rule in

today’s Federal Register. This rule is

not a ‘‘major rule’’ as defined by 5

U.S.C. 804(2).

This action has been classified as a

Table 3 action for signature by the

Regional Administrator under the

procedures published in the Federal

Register on January 19, 1989 (54 FR

2214–2225), as revised by a July 10,

1995, memorandum from Mary Nichols,

Assistant Administrator for Air and

Radiation. The Office of Management

and Budget (OMB) has exempted this

regulatory action from Executive Order

12866 review.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Hydrocarbons,

Incorporation by reference,

Intergovernmental relations, Ozone,

Reporting and recordkeeping

requirements, Volatile organic

compounds.

Note: Incorporation by reference of the

State Implementation Plan for the State of

California was approved by the Director of

the Federal Register on July 1, 1982.

Dated: September 16, 1996.

Felicia Marcus,

Regional Administrator.

Part 52, chapter I, title 40 of the Code

of Federal Regulations is amended as

follows:

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

Subpart F—California

2. Section 52.220 is amended by

adding paragraph (c)(239) to read as

follows:

§ 52.220 Identification of plan.

* * * * *

(c) * * *

(239) New and amended regulations

for the following APCDs were submitted

on July 23, 1996, by the Governor’s

designee:

(i) Incorporation by reference.

(A) Mojave Desert Air Quality

Management District.

(1) Rules 1300–1306, adopted on

March 25, 1996.

* * * * *

[FR Doc. 96–28477 Filed 11–12–96; 8:45 am]

BILLING CODE 6560–50–P