Federal Register / Vol. 62, No. 148 / Friday, August 1, 1997 / Rules and Regulations 41275

vessel is scheduled to arrive in less than

two weeks.

Regulatory Evaluation

This proposal 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. It has been exempted from review

by the Office of Management and

Budget 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).

The Coast Guard expects the

economic impact of this proposal to be

so minimal that a full Regulatory

Evaluation under paragraph 10e of the

regulatory policies and procedures of

DOT is unnecessary. This conclusion is

based on the limited duration of the

moving security zone, the extensive

advisories that will be made to the

affected maritime community and the

minimal restrictions the regulations will

place on vessel traffic. These regulations

will be in effect for a total of

approximately four hours per port call

for the vessel.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), the Coast Guard

must consider whether this proposal

will have a significant economic impact

on a substantial number of small

entities. ‘‘Small entities’’ include

independently owned and operated

small businesses that are not dominant

in their field and that otherwise qualify

as ‘‘small business concerns’’ under

Section 3 of the Small Business Act (15

U.S.C. 632).

The Coast Guard certifies under 5

U.S.C. 605(b) that this rule would not

have a significant economic impact on

a substantial number of small entities

because of the short duration of the

disruption to regular navigation.

Collection of Information

These regulations contain no

collection of information requirements

sunder the Paperwork Reduction Act

(44 U.S.C. 3501–3520).

Federalism

This action has been analyzed in

accordance with the principles and

criteria contained in Executive Order

12612, and it has been determined that

the proposed rulemaking does not have

sufficient federalism implications to

warrant the preparation of a Federalism

Assessment.

Environmental Assessment

The Coast Guard has considered the

environmental impact of this proposal

and has concluded under paragraph

2.B.2.e(34)(g) of Commandant

Instruction M16475.1B (as revised by 59

FR 38654, July 29, 1994), that this

proposal is categorically excluded from

further environmental documentation.

A Categorical Exclusion Determination

and Environmental Analysis Checklist

is available in the docket for inspection

or copying.

List of Subjects in 33 CFR Part 165

Harbors, Marine Safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Waterways.

Temporary Final Regulation

In consideration of the foregoing, the

Coast Guard amends Subpart C of Part

165 of Title 33, Code of Federal

Regulations, as follows:

PART 165—[AMENDED]

1. The authority citation for Part 165

continues to read as follows:

Authority: 33 U.S.C. 1231; 50 U.S.C. 191;

49 CFR 1.46 and 33 CFR 1.05–1(g), 6.04–1,

6.04–6, and 160.5.

2. A new section 165.T07–035 is

added to read as follows:

§ 165.T07–035 Security Zone: Port

Canaveral Entrance Channel, Port

Canaveral, FL.

(a) Regulated Area. A moving security

zone is established in the following

area:

(1) The waters around HMS Vigilant

when entering Port Canaveral in an area

200 yards in all directions, beginning at

the Port Canaveral Ship Channel,

Approach Channel Lighted Whistle

Buoy #3, (LLN 8640), position 28°31′50′′

N, 080°22′31′′ W and continues until the

vessel is safely moored at the Port

Canaveral East Turning Basin. All

coordinates referenced use datum: NAD

83.

(2) The waters around HMS Vigilant

when the vessel leaves her berth at the

Port Canaveral East Turning Basin in an

area 200 yards in all directions, until it

exits the Port Canaveral Ship Channel,

Approach Channel Lighted Whistle

Buoy #3, (LLN 8640), position

28°31′50′′N, 080°22′31′′W. All

coordinates referenced use datum: NAD

83.

(b) Regulations.

(1) No person or vessel may enter,

transit, or remain in the security zone

unless authorized by the Captain of the

Port, Jacksonville, Florida, or a Coast

Guard commissioned, warrant, or petty

officer designated by him.

(2) Vessels encountering emergencies

which require transit through the

moving security zone should contact the

security zone patrol craft on VHF

Channel 16. In the event of an

emergency, the security zone patrol craft

may authorize a vessel to transit through

the security zone with a designated

escort.

(3) All persons and vessels shall

comply with the instructions of onscene patrol personnel. On-scene patrol

personnel include commissioned,

warrant, or petty officers of the U.S.

Coast Guard. Coast Guard Auxiliary and

local or state law enforcement officials

may be present to inform vessel

operators of this regulation and other

applicable laws.

(c) Effective Dates. These regulations

become effective at 7 a.m. on July 31,

1997, and terminate at 7 a.m. on

November 1, 1997, unless terminated

earlier by the Captain of the Port.

Dated: July 23, 1997.

Donald S. Lewis,

Captain, U.S. Coast Guard, Captain of the

Port, Jacksonville, FL.

[FR Doc. 97–20335 Filed 7–29–97; 4:37 pm]

BILLING CODE 4910–14–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[ME47–01–7002a; A–1–FRL–5867–8]

Approval and Promulgation of Air

Quality Implementation Plans; Maine;

(Hancock and Waldo Counties Ozone

Maintenance Plan Revision—Motor

Vehicle Emissions Budgets)

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving a State

Implementation Plan (SIP) revision

submitted by the State of Maine. This

revision establishes explicit year 2006

motor vehicle emissions budgets

[Volatile Organic Compounds (VOC)

and Nitrogen Oxides (NOX)] for the

Hancock and Waldo counties ozone

maintenance area to be used in

determining transportation conformity.

This action is being taken in accordance

with the Clean Air Act (CAA or the Act).

DATES: This action will become effective

on September 30, 1997, unless EPA

receives adverse or critical comments by

September 2, 1997. If the effective date

is delayed, timely notice will be

published in the Federal Register.
41276 Federal Register / Vol. 62, No. 148 / Friday, August 1, 1997 / Rules and Regulations

ADDRESSES: Comments may be mailed to

Susan Studlien, Deputy Director, Office

of Ecosystem Protection (mail code

CAA), U.S. Environmental Protection

Agency, Region I, JFK Federal Building,

Boston, MA 02203. Copies of the

documents relevant to this action are

available for public inspection during

normal business hours, by appointment

at the Office Ecosystem Protection, U.S.

Environmental Protection Agency,

Region I, One Congress Street, 11th

floor, Boston, MA; and the Bureau of Air

Quality Control, Department of

Environmental Protection, 71 Hospital

Street, Augusta, ME.

FOR FURTHER INFORMATION CONTACT:

Donald O. Cooke, (617) 565–3508.

SUPPLEMENTARY INFORMATION: On June

24, 1997, the State of Maine submitted

a formal revision to its State

Implementation Plan (SIP). The SIP

revision consists of explicit year 2006

motor vehicle emissions budgets (VOC

and NOX) for the Waldo and Hancock

counties ozone maintenance area as a

SIP revision.

I. Summary of SIP Revision

When the Maine Department of

Environmental Protection submitted

their redesignation request for Hancock

and Waldo counties nonattainment area

to attainment for the National Ambient

Air Quality Standard for Ozone in May

of 1996, they did not include explicit

motor vehicle emissions budgets for use

in transportation conformity

determinations. Therefore, in

accordance with EPA’s Transportation

Conformity Rule, EPA interpreted the

motor vehicle emissions projections for

the year 2006 (the last year of the

submitted ten-year maintenance plan) to

be the motor vehicle emissions budgets.

These 2006 motor vehicle emissions

budgets established at 5.779 tons per

summer day of VOC, and 8.195 tons per

summer day of NOX then serve as a cap

or ceiling of allowed highway and

transit vehicle emissions for all

transportation conformity

determinations made during the 1997–

2006 ten-year maintenance period.

Approximately eight years into this tenyear maintenance plan, the State of

Maine will develop a second ten-year

maintenance plan to cover the ten-year

period, 2007 through 2016, and will

establish motor vehicle emissions

budgets for the transportation

conformity determinations made during

the second maintenance period. Under

all circumstances, transportation

conformity must be analyzed out to the

last year of the area’s twenty-year

transportation plan.

Projected VMT growth for Hancock

and Waldo Counties is expected to outpace the benefits of lower vehicle

emission rates (cleaner cars and mobile

source strategies) resulting in increased

motor vehicle emissions after the year

2006. Hence, the State of Maine has

allocated additional emissions to the

motor vehicle component of the 2006

emissions budgets for transportation

conformity purposes.

The new 2006 motor vehicle

emissions budgets are now established

for the Hancock and Waldo counties

ozone maintenance area at 6.44 tons per

summer day of VOC, and 8.85 tons per

summer day of NOX. These established

levels of VOC and NOX are acceptable

because when these levels of emissions

are added to all the other components

of the 2006 emission inventory (the

2006 other mobile [off-road] emissions,

the 2006 stationary source emissions,

and the 2006 area source emissions) the

results are levels of emissions below the

1993 attainment year emission

inventory. Please see the table below

which adds the new VOC and NOX

motor vehicle emissions budget to the

other unchanged components of the

2006 emissions inventory, and then

compares the total 2006 emissions with

the 1993 attainment year emission

inventory.

EMISSIONS FOR MAINE’S HANCOCK AND WALDO COUNTIES OZONE MAINTENANCE AREA

Emission Category

1993 Attainment

year VOC emissions (in tons per

summer day)

2006 maintenance plan VOC

emissions (in

tons per summer

day)

Motor Vehicle Emissions (On-road + Transit Emissions) ................................................................................ 7.010 6.440

Other Mobile Emissions ................................................................................................................................... 1.327 0.946

Point Source Emissions ................................................................................................................................... 1.412 1.500

Area Source Emissions .................................................................................................................................... 5.902 5.989

Total Emissions ..................................................................................................................................... 15.651 14.875

Emission category

1993 attainment

year NOX emissions (in tons per

summer day)

2006 maintenance plan NOX

emissions (in

tons per summer

day)

Motor Vehicle Emissions (On-road + Transit Emissions) ................................................................................ 10.010 8.850

Other Mobile Emisssions ................................................................................................................................. 0.979 1.126

Point Source Emissions ................................................................................................................................... 5.721 5.128

Area Source Emissions .................................................................................................................................... 0.543 0.485

Total Emissions ..................................................................................................................................... 17.253 15.589

This action, to establish new motor

vehicle emission budgets into the Maine

SIP, will make it easier to demonstrate

future transportation conformity with

the SIP. This action will not change

conformity’s beneficial effect on air

quality as the new motor vehicle

emissions budgets have been

demonstrated to be consistent with

EPA’s ozone attainment redesignation

(see 62 FR 9081 (February 28, 1997) and

the Hancock and Waldo counties ozone

maintenance plan. No additional

emissions reductions are anticipated

with the approval of the 2006 VOC and

NOX motor vehicle emissions budgets.

EPA is publishing this action without

prior proposal because the Agency

views this as a noncontroversial

amendment and anticipates no adverse

comments. However, in a separate

document in this Federal Register

publication, EPA is proposing to

approve the SIP revision should adverse
Federal Register / Vol. 62, No. 148 / Friday, August 1, 1997 / Rules and Regulations 41277

or critical comments be filed. This

action will be effective September 30,

1997 unless adverse or critical

comments are received by September 2,

1997.

If the EPA receives such comments,

this action will be withdrawn before the

effective date by simultaneously

publishing a subsequent notice that will

withdraw the final action. All public

comments received will then be

addressed in a subsequent final rule

based on this action serving as a

proposed rule. The EPA will not

institute a second comment period on

this action. Any parties interested in

commenting on this action should do so

at this time. If no such comments are

received, the public is advised that this

action will be effective on September

30, 1997.

II. Final Action

EPA is approving the establishment of

the year 2006 motor vehicle emissions

budgets for the Hancock and Waldo

counties ozone maintenance area at 6.44

tons per summer day of VOC, and 8.85

tons per summer day of NOX.

III. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget

(OMB) has exempted this regulatory

action from E.O. 12866 review.

B. Regulatory Flexibility Act

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 rule 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 of

less than 50,000.

SIP approvals under section 110 and

subchapter I, part D of the Clean Air Act

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, the

Administrator certifies that it does 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

flexibility analysis would constitute

Federal inquiry into the economic

reasonableness of state action. The

Clean Air Act forbids EPA to base its

actions concerning SIPs on such

grounds. Union Electric Co. v. U.S. EPA,

427 U.S. 246, 255-66 (1976); 42 U.S.C.

7410(a)(2).

C. Unfunded Mandates

Under Section 202 of the Unfunded

Mandates Reform Act of 1995

(‘‘Unfunded Mandates Act’’), signed

into law on March 22, 1995, EPA must

prepare a budgetary impact statement to

accompany any proposed or final rule

that includes a Federal mandate that

may result in estimated costs to State,

local, or tribal governments in the

aggregate; or to the private sector, of

$100 million or more. Under Section

205, EPA must select the most costeffective and least burdensome

alternative that achieves the objectives

of the rule and is consistent with

statutory requirements. Section 203

requires EPA to establish a plan for

informing and advising any small

governments that may be significantly

or uniquely impacted by the rule.

EPA has determined that the approval

action proposed does not include a

Federal mandate that may result in

estimated costs of $100 million or more

to either State, local, or tribal

governments in the aggregate, or to the

private sector. This Federal action

approves pre-existing requirements

under State or local law, and imposes

no new requirements. Accordingly, no

additional costs to State, local, or tribal

governments, or to the private sector,

result from this action.

D. Submission to Congress and the

General Accounting Office

Under section 801(a)(1)(A) of the

Regulatory Flexibility Act 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 section

804(2).

E. Petitions for Judicial Review

Under section 307(b)(1) of the Clean

Air Act, petitions for judicial review of

this action must be filed in the United

States Court of Appeals for the

appropriate circuit by September 30,

1997. Filing a petition for

reconsideration by the Administrator of

this final rule does not affect the finality

of this rule for the purposes of judicial

review nor does it extend the time

within which a petition for judicial

review may be filed, and shall not

postpone the effectiveness of such rule

or action. This action may not be

challenged later in proceedings to

enforce its requirements. (See section

307(b)(2).) EPA encourages interested

parties to comment in response to the

proposed rule rather than petition for

judicial review, unless the objection

arises after the comment period allowed

for in the proposal.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide,

Hydrocarbons, Intergovernmental

relations, Nitrogen dioxide, Ozone,

Particulate matter, Reporting and

recordkeeping requirements, Sulfur

oxides.

Dated: July 20, 1997.

John P. DeVillars,

Regional Administrator, Region I.

Part 52 of 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 U—Maine

2. Section 52.1036 is amended by

adding paragraph (e) to read as follows:

§ 52.1036 Emission inventories.

* * * * *

(e) On June 24, 1997 the Maine

Department of Environmental Protection

submitted a revision to establish explicit

year 2006 motor vehicle emissions

budgets [6.44 tons per summer day of

VOC, and 8.85 tons per summer day of

NOX] for the Hancock and Waldo

counties ozone maintenance area to be

used in determining transportation

conformity.

[FR Doc. 97–20366 Filed 7–31–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[NC–82–9728(a); FRL–5863–6]

Approval and Promulgation of

Revisions to North Carolina SIP

Involving Open Burning and Other

Miscellaneous Rules

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: On August 16, 1996, North

Carolina submitted, through the

Department of Environment, Health,