Federal Register / Vol. 65, No. 91 / Wednesday, May 10, 2000 / Proposed Rules 30043

§ 403.145 What will SSA do if I have not

satisfied the conditions in this part or in 20

CFR part 401 or 402?

(a) We will provide the following

information, as appropriate, to you or

the court or other tribunal conducting

the legal proceeding if your request

states that a response is due on a

particular date and the conditions

prescribed in this part, or the conditions

for disclosure in 20 CFR part 401 or 402,

are not satisfied or we anticipate that

they will not be satisfied by that date:

(1) A statement that compliance with

the request is not authorized under 20

CFR part 401 or 402, or is prohibited

without the Commissioner’s approval;

(2) The requirements for obtaining the

approval of the Commissioner for

testimony or for obtaining information,

records, or testimony under 20 CFR part

401 or 402; and

(3) If the request complies with

§ 403.120, the estimated time necessary

for a decision. We will make every

reasonable effort to provide this

information in writing on or before the

date specified in your request.

(b) Generally, if a response to a

request for information, records, or

testimony is due before the conditions

of this part or the conditions for

disclosure in 20 CFR part 401 or 402 are

met, no SSA employee will appear.

(c) SSA will seek the advice and

assistance of the Department of Justice

when appropriate.

§ 403.150 Must I pay a fee if my request is

granted?

(a) General. Unless the Commissioner

grants a waiver, you must pay fees for

our services in providing information,

records, or testimony. You must pay the

fees as prescribed by the Commissioner.

In addition, the Commissioner may

require that you pay the fees in advance

as a condition of providing the

information, records, or testimony.

Make fees payable to the Social Security

Administration by check or money

order.

(b) Records or information. Unless the

Commissioner grants a waiver, you must

pay the fees for production of records or

information prescribed in 20 CFR

401.95 and 20 CFR 402.155 through

402.185, as appropriate.

(c) Testimony. Unless the

Commissioner grants a waiver, you must

pay fees calculated to reimburse the

United States government for the full

cost of providing the testimony. Those

costs include, but are not limited to—

(1) The salary or wages of the witness

and related costs for the time necessary

to prepare for and provide the testimony

and any travel time, and

(2) Other travel costs.

(d) Waiver or reduction of fees. The

Commissioner may waive or reduce fees

for providing information, records, or

testimony under this part. The rules in

20 CFR 402.185 apply in determining

whether to waive fees for the production

of records. In deciding whether to waive

or reduce fees for testimony or for

production of information that does not

constitute a record, the Commissioner

may consider other factors, including

but not limited to—

(1) The ability of the party responsible

for the application to pay the full

amount of the chargeable fees;

(2) The public interest, as described in

20 CFR 402.185, affected by complying

with the application;

(3) The need for the testimony or

information in order to prevent a

miscarriage of justice;

(4) The extent to which providing the

testimony or information serves SSA’s

interest; and

(5) The burden on SSA’s resources

required to provide the information or

testimony.

§ 403.155 Does SSA certify records?

We can certify the authenticity of

copies of records we disclose pursuant

to 20 CFR parts 401 and 402, and this

part. We will provide this service only

in response to your written request. If

we certify, we will do so at the time of

the disclosure and will not certify

copies of records that have left our

custody. A request for certified copies of

records previously released is

considered a new request for records.

Fees for this certification are set forth in

20 CFR 402.165(e).

[FR Doc. 00–11592 Filed 5–9–00; 8:45 am]

BILLING CODE 4191–02–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD08–00–005]

RIN 2115–AE47

Drawbridge Operation Regulation;

Chef Menteur Pass, LA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard is proposing

a change to the regulation governing the

operation of the U.S. Highway 90 bridge

across Chef Menteur Pass, mile 2.8 at

Lake Catherine, Orleans Parish,

Louisiana. The proposal would change

the current regulation which provides

for a two-hour morning closure period

between 5:30 a.m. and 7:30 a.m.

Mondays through Fridays except

Federal holidays and require the draw

to open on the hour and half-hour

between 5:30 a.m. to 7:30 a.m., Monday

through Friday, except Federal holidays.

This change would accommodate the

navigation needs of commercial fishing

vessels.

DATES: Comments and related material

must reach the Coast Guard on or before

July 31, 2000.

ADDRESSES: You may mail comments to

Commander (ob), Eighth Coast Guard

District, 501 Magazine Street, New

Orleans, Louisiana 70130–3396, or

deliver them to room 1313 at the same

address between 7 a.m. and 3 p.m.,

Monday through Friday, except Federal

holidays. The Commander, Eighth Coast

Guard District, Bridge Administration

Branch maintains the public docket for

this rulemaking. Comments and

material received from the public, as

well as documents indicated in this

preamble as being available in the

docket, will become part of this docket

and will be available for inspection or

copying at the Bridge Administration

Branch, Eighth Coast Guard District

between 7 a.m. and 3 p.m., Monday

through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Phil

Johnson, Bridge Administration Branch,

504–589–2965.

SUPPLEMENTARY INFORMATION:

Request for Comments

We encourage you to participate in

this rulemaking by submitting

comments and related material. If you

do so, please include your name and

address, identify the docket number for

this rulemaking (CGD08–00–005),

indicate the specific section of this

document to which each comment

applies, and give the reason for each

comment. Please submit all comments

and related material in an unbound

format, no larger than 81/2 by 11 inches,

suitable for copying. If you would like

to know they reached us, please enclose

a stamped, self-addressed postcard or

envelope. We will consider all

comments and material received during

the comment period. We may change

this proposed rule in view of them.

Public Meeting

We do not now plan to hold a public

meeting. But you may submit a request

for a meeting by writing to the

Commander, Eighth Coast Guard

District, Bridge Administration Branch

at the address under ADDRESSES

explaining why one would be

beneficial. If we determine that one

would aid this rulemaking, we will hold

30044 Federal Register / Vol. 65, No. 91 / Wednesday, May 10, 2000 / Proposed Rules

one at a time and place announced by

a later notice in the Federal Register.

Background and Purpose

To meet the needs of commuters who

cross the U.S. Highway 90 bridge each

day en route to work in the Almonaster

Industrial District, the Coast Guard

issued a final rule effective February 23,

1999 (64 FR 8720) allowing the bridge

to remain closed to navigation from 5:30

a.m. to 7:30 a.m., Monday Through

Friday, except Federal holidays. The

draw opens at any time for a vessel in

distress.

Since the rule has been in effect, the

Coast Guard received numerous

complaints from operators of

commercial fishing vessels stating that

the regulation does not meet the needs

of navigation for local commercial

fishermen because they are required to

haul in their shrimp nets earlier than

necessary to be able pass through the

bridge before the closure time. Local

commercial fishermen generally trawl

for shrimp during evening hours. This is

because brown shrimp feed at night

above the bottom. Once daylight occurs

they bury themselves in the mud and

can no longer be caught with trawl nets.

Since the fishermen need to maximize

trawling time, they work from sundown

until sunrise then enter port and unload

their catches. In order for them to transit

the U.S. Highway 90 bridge before the

5:30 closure, they must haul in their

nets as much as two hours early and

head into port. This cuts down trawling

time and causes loss of revenue. Based

on complaints from local commercial

fishermen, the Coast Guard determined

that the current operating schedule may

not meet the reasonable needs of

navigation.

Discussion of Proposed Rule

This proposed rule would revise 33

CFR 117.436. In order to accommodate

motorists who live in the Lake Catherine

area and commute to work via the U. S.

Highway 90 bridge across Chef Menteur

Pass, mile 2.8, while providing for the

needs of commercial fishermen, the

Coast Guard is proposing to change the

regulation to permit the draw to open to

navigation only on the hour and on the

half-hour from 5:30 a.m. to 7:30 a.m.,

Monday through Friday, except Federal

holidays. The proposed regulation

would allow for the free flow of

vehicular traffic for the majority of the

year, while still serving the reasonable

needs of navigational interests.

A comment period, extending through

July 31, 2000 will be allowed for

mariners, motorists and other interested

parties to provide comments and data

on the proposed change. During the

comment period, to test this proposed

rule, the Coast Guard has issued a

temporary deviation from the

drawbridge operating regulations. The

temporary deviation is published

elsewhere in this Federal Register. The

temporary deviation is in effect from

June 1, 2000 through June 30, 2000 and

will require that the draw open for the

passage of vessels on the hour and on

the half-hour from 5:30 a.m. to 7:30

a.m., Monday through Friday, except

Federal holidays. The bridge will open

on signal at all other times or at any

time for a vessel in distress. We request

comments on how the test schedule

works during this period.

Regulatory Evaluation

This proposed rule is not a

‘‘significant regulatory action’’ under

section 3(f) of Executive Order 12866

and does not require an assessment of

potential costs and benefits under

section 6(a)(3) of that Order. The Office

of Management and Budget has not

reviewed it under that Order. It is not

significant under the regulatory policies

and procedures of the Department of

Transportation (DOT)(44 FR 11040,

February 26, 1979).

We expect the economic impact of

this proposed rule to be so minimal that

a full Regulatory Evaluation under

paragraph 10e of the regulatory policies

and procedures of DOT is unnecessary.

This proposed rule will have a

positive impact on the economic status

of the local commercial fishermen as it

provides them with adequate time to

trawl. It will not create a significant

adverse effect for the local motorists

who cross the bridge on weekdays en

route to work. The motorists will be able

to adjust their commuting schedules to

accommodate the hour and half-hour

drawbridge openings.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), we considered

whether this proposed rule would have

a significant economic impact on a

substantial number of small entities.

The term ‘‘small entities’’ comprises

small businesses, not-for-profit

organizations that are independently

owned and operated and are not

dominant in their fields, and

governmental jurisdictions with

populations of less than 50,000.

The Coast Guard certifies under 5

U.S.C. 605(b) that this proposed rule

would not have a significant economic

impact on a substantial number of small

entities. The small entities concerned

with this proposed rule are the local

commercial fishermen who transit the

bridge. This proposed rule will

positively affect the local commercial

fishermen by affording them adequate

time to trawl. They will not be required

to haul in their nets early in order to

transit through the bridge en route to

port.

If you think that your business,

organization, or governmental

jurisdiction qualifies as a small entity

and that this rule would have a

significant economic impact on it,

please submit a comment (see

ADDRESSES) explaining why you think it

qualifies and how and to what degree

this rule would economically affect it.

Assistance for Small Entities

Under section 213(a) of the Small

Business Regulatory Enforcement

Fairness Act of 1996 (Pub. L. 104–121),

we want to assist small entities in

understanding this proposed rule so that

they can better evaluate its effects on

them and participate in the rulemaking.

If the rule would affect your small

business, organization, or governmental

jurisdiction and you have questions

concerning its provisions or options for

compliance, please contact the Bridge

Administration Branch, Eighth Coast

Guard District at the address above.

Collection of Information

This proposed rule would call for no

new collection of information under the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501–3520).

Federalism

We have analyzed this proposed rule

under E.O. 13132 and have determined

that this rule does not have implications

for federalism under that Order.

Unfunded Mandates Reform Act

The Unfunded Mandates Reform Act

of 1995 (2 U.S.C. 1531–1538) governs

the issuance of Federal regulations that

require unfunded mandates. An

unfunded mandate is a regulation that

requires a State, local, or tribal

government or the private sector to

incur direct costs without the Federal

Government’s having first provided the

funds to pay those costs. This proposed

rule would not impose an unfunded

mandate.

Taking of Private Property

This proposed rule would not effect a

taking of private property or otherwise

have taking implications under E.O.

12630, Governmental Actions and

Interference with Constitutionally

Protected Property Rights.

Civil Justice Reform

This proposed rule meets applicable

standards in sections 3(a) and 3(b)(2) of

Federal Register / Vol. 65, No. 91 / Wednesday, May 10, 2000 / Proposed Rules 30045

E.O. 12988, Civil Justice Reform, to

minimize litigation, eliminate

ambiguity, and reduce burden.

Protection of Children

We have analyzed this proposed rule

under E.O. 13045, Protection of

Children from Environmental Health

Risks and Safety Risks. This rule is not

an economically significant rule and

does not concern an environmental risk

to health or risk to safety that may

disproportionately affect children.

Environment

We considered the environmental

impact of this proposed rule and

concluded that, under figure 2–1,

paragraph (32)(e), of Commandant

Instruction M16475.lC, this proposed

rule is categorically excluded from

further environmental documentation.

This proposal will change an existing

special drawbridge operating regulation

promulgated by a Coast Guard Bridge

Administration Program action. A

‘‘Categorical Exclusion Determination’’

is available in the docket where

indicated under ADDRESSES.

List of Subjects in 33 CFR Part 117

Bridges.

For the reasons set out in the

preamble, the Coast Guard proposes to

amend part 117 of title 33, Code of

Federal Regulations, as follows:

PART 117—DRAWBRIDGE

OPERATION REGULATIONS

1. The authority citation for part 117

continues to read as follows:

Authority: 33 U.S.C. 499; 49 CFR 1.46; 33

CFR 1.05–1(g); section 117.255 also issued

under the authority of Pub. L. 102–587, 106

Stat. 5039.

2. Section 117.436 is revised to read

as follows:

§ 117.436 Chef Menteur Pass.

The draw of the U.S. Highway 90

bridge, mile 2.8, at Lake Catherine, shall

open on signal; except that, from 5:30

a.m. to 7:30 a.m., Monday through

Friday except Federal holidays, the

draw need open only on the hour and

on the half-hour for the passage of

vessels. The draw shall open at any time

for a vessel in distress.

Dated: May 1, 2000.

K.J. Eldridge,

Captain, U.S. Coast Guard, Commander, 8th

Coast Guard Dist., Acting.

[FR Doc. 00–11703 Filed 5–9–00; 8:45 am]

BILLING CODE 4910–15–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[OR–77–7292–b; FRL–6583–1]

Approval and Promulgation of State

Implementation Plans: Oregon RACT

Rule

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: The EPA proposes to approve

the State Implementation Plan (SIP)

revision submitted by the State of

Oregon for the purpose of revising the

RACT Rule. The SIP revision was

submitted by the State to satisfy certain

Federal Clean Air Act requirements for

a SIP. In the Final Rules Section of this

Federal Register, the EPA is approving

the State’s SIP submittal as a direct final

rule without prior proposal because the

Agency views this as a noncontroversial

submittal amendment and anticipates

no adverse comments. A detailed

rationale for the approval is set forth in

the direct final rule. If no adverse

comments are received in response to

this action, no further activity is

contemplated. If the EPA receives

adverse comments, the direct final rule

will be withdrawn and all public

comments received will be addressed in

a subsequent final rule based on this

proposed rule. The EPA will not

institute a second comment period. Any

parties interested in commenting on this

action should do so at this time.

DATES: Written comments must be

received in writing by June 9, 2000.

ADDRESSES: Written comments should

be addressed to Christine Lemme ́,

Environmental Protection Specialist

(OAQ–107), Office of Air Quality, at the

EPA Regional Office listed below.

Copies of the state submittal are

available at the following addresses for

inspection during normal business

hours. The interested persons wanting

to examine these documents should

make an appointment with the

appropriate office at least 24 hours

before the visiting day with

Environmental Protection Agency,

Region 10, Office of Air Quality, 1200

6th Avenue, Seattle, WA 98101 and/or

The Oregon Department of

Environmental Quality, Air Quality

Division, 811 SW Sixth Avenue,

Portland, OR 97204–1390. Telephone:

(503) 229–5696.

FOR FURTHER INFORMATION CONTACT:

Mahbubul Islam, Office of Air Quality

(OAQ–107), EPA, 1200 6th Avenue,

Seattle, WA 98101, (206) 553–6985.

SUPPLEMENTARY INFORMATION: For

additional information, see the Direct

Final rule which is located in the Rules

Section of this Federal Register.

Dated: March 1, 2000.

Chuck Findley,

Acting Regional Administrator, Region 10.

[FR Doc. 00–11672 Filed 5–9–00; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 52 and 81

[IN 119–1b; FRL–6601–6]

Approval and Promulgation of

Implementation Plans and Designation

of Areas for Air Quality Planing

Purposes; Indiana

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA is proposing to approve

a request submitted by the State of

Indiana to redesignate Marion County,

Indiana as attainment for lead (Pb).

Indiana submitted this request on March

2, 2000. EPA is also proposing to

approve the lead maintenance plan for

Marion County. This plan is designed to

ensure maintenance of the lead National

Ambient Air Quality Standards

(NAAQS) for at least 10 years.

DATES: EPA must receive written

comments on this proposed rule by June

9, 2000.

ADDRESSES: Written comments may be

mailed to J. Elmer Bortzer, Chief,

Regulation Development Section, Air

Program Branch (AR-18J), Region 5, at

the address listed below.

Copies of the materials submitted by

Indiana may be examined during

normal business hours at the following

location: Regulation Development

Section, Air Programs Branch (AR–18J),

U.S. Environmental Protection Agency,

77 West Jackson Boulevard, Chicago,

Illinois 60604.

FOR FURTHER INFORMATION CONTACT:

Phuong Nguyen, Environmental

Scientist, at (312) 886–6701.

SUPPLEMENTARY INFORMATION:

Throughout this document whenever

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ are used we mean

EPA.

Table of Contents

I. What action is EPA taking today?

II. Where can I find more information

about this proposal and the

corresponding direct final rule?