42068 Federal Register / Vol. 62, No. 150 / Tuesday, August 5, 1997 / Rules and Regulations

without the permission of the Patrol

Commander.

* * * * *

(c) Effective periods. This regulation

is effective annually for the duration of

each marine event listed in Table 1, or

as otherwise specified in the Coast

Guard Local Notice to Mariners and a

Federal Register notice. The Coast

Guard Patrol Commander will announce

by Broadcast Notice to Mariners the

specific time periods during which the

regulations will be enforced.

Table 1 of § 100.519

Chincoteague Power Boat Regatta

Sponsor: Chincoteague Chamber of

Commerce

Date: Third Saturday and Sunday in

June

Pony Penning Swim

Sponsor: Chincoteague Volunteer Fire

Department

Date: Last Wednesday in July and the

following Friday

Dated: July 14, 1997.

Roger T. Rufe, Jr.,

Vice Admiral Commander, Fifth Coast Guard

District.

[FR Doc. 97–20564 Filed 8–4–97; 8:45 am]

BILLING CODE 4910–14–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[TN–150–01–9711a; FRL–5866–1]

Approval and Promulgation of

Implementation Plans, Tennessee:

Approval of Revisions to Maintenance

Plan for Knox County, Tennessee

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving revisions to

the Knox County portion of the State

Implementation Plan regarding the

Ozone Maintenance Plan and associated

projections of future emissions

submitted on January 18, 1995, by the

Tennessee Department of Environment

and Conservation. The purpose of this

action is to establish an emissions

budget in Knox County in accordance

with the Transportation Conformity

provisions promulgated on November

24, 1993.

DATES: This final rule is effective

October 6, 1997, unless adverse or

critical comments are received by

September 4, 1997. If the effective date

is delayed, timely notice will be

published in the Federal Register.

ADDRESSES: Written comments on this

action should be addressed to Benjamin

Franco at the Environmental Protection

Agency, Region 4 Air Planning Branch,

61 Forsyth Street, SW, Atlanta, Georgia

30303. Copies of documents relative to

this action are available for public

inspection during normal business

hours at the following locations. The

interested persons wanting to examine

these documents should make an

appointment with the appropriate office

at least 24 hours before the visiting day.

Reference file TN150–01–9711. The

Region 4 office may have additional

background documents not available at

the other locations.

Air and Radiation Docket and

Information Center (Air Docket 6102),

U.S. Environmental Protection

Agency, 401 M Street, SW,

Washington, DC 20460.

Environmental Protection Agency,

Region 4 Air Planning Branch, 61

Forsyth Street, SW, Atlanta, Georgia

30303. Benjamin Franco, (404)-562–

9039.

Tennessee Department of Environment

and Conservation, Division of Air

Pollution Control, L&C Annex, 9th

Floor, 401 Church Street, Nashville,

Tennessee 37243–1531. Telephone:

(615) 532–0554.

Knox County Department of Air

Pollution Control, City County

Building, Suite 339, 400 West Main

Street, Knoxville, Tennessee, 37902.

Telephone: (615) 521–2488.

FOR FURTHER INFORMATION CONTACT:

Benjamin Franco at 404/562–9039.

SUPPLEMENTARY INFORMATION: Section

176(c)(2)(A) of the Clean Air Act

specifically requires conformity

determinations to show that ‘‘emissions

expected from implementation of such

plans and programs are consistent with

estimates of emissions from motor

vehicles and necessary emissions

reductions.’’ SIP demonstrations of

reasonable further progress, attainment,

and maintenance contain these emission

estimates and ‘‘necessary emission

reductions.’’ The emissions budget is

the mechanism EPA has identified for

carrying out the demonstration of

consistency.

The emissions budget may be revised

at any time through the standard SIP

revision process, provided the SIP

demonstrates that the revised emission

budget will not threaten attainment and

maintenance of the standard or any

milestone in the required timeframe.

The State may choose to revise its SIP

emission budgets in order to reallocate

emissions among sources or among

pollutants and precursors.

Section 51.456(b) of the

Transportation Conformity Rule (58 FR

62232) provides that in cases where a

SIP submitted prior to November 24,

1993, does not have an explicit

emissions budget but quantifies a

‘‘safety margin’’ by which emissions

from all sources are less than the total

emissions that would be consistent with

attainment, the State may submit a SIP

revision which assigns some or all of

this safety margin to highway and

transit mobile sources for the purpose of

conformity. Such a SIP revision, once it

is endorsed by the Governor and has

been subject to a public hearing, may be

used for the purposes of transportation

conformity before it is approved by

EPA.

On August 26, 1992, the Tennessee

Department of Environment and

Conservation (TDEC) submitted an

Ozone Maintenance Plan for Knox

County that included a 1990 base year

emission inventory and emissions

projections. EPA published in the

Federal Register on September 27, 1993,

a notice approving the maintenance

plan and emission projections. These

emission projections were approved

before the conformity rule was finalized

on November 24, 1993. Therefore, the

approved emission projections became

the area’s emission budget for

conformity purposes.

On May 25, 1994, the Department of

Environment and Conservation

proposed a revision to the maintenance

plan and emission projections. This

revision provides a more accurate and

practical budget for transportation

planning conformity. The final

conformity rule allows for areas to

revise their emission projections as long

as it does not affect attainment or the

maintenance of the air quality

standards. Section 51.456 of the final

conformity rule allows an area to

reallocate safety margins to highway

and transit mobile sources for the

purposes of transportation conformity.

The State revision has allocated the

safety margin in their emission

projection to the mobile portion of the

emissions budget. The following is the

revised emission budget for Knox

County submitted by the State.
Federal Register / Vol. 62, No. 150 / Tuesday, August 5, 1997 / Rules and Regulations 42069

KNOX COUNTY EMISSION BUDGET

[Tons/Day]

Year Area Nonroad Biogenic Mobile Point Total

Volatile Organic Compounds

1990 .......................................................... 28.82 9.81 32.43 41.16 8.06 120.28

1993 .......................................................... 29.25 9.96 32.43 29.28 8.64 109.56

2000 .......................................................... 30.29 10.31 32.43 * 37.37 9.88 120.28

2004 .......................................................... 30.90 10.52 32.43 *35.94 10.49 120.28

Nitrogen Oxides

1990 .......................................................... 3.66 9.77 0 41.73 8.96 64.12

1993 .......................................................... 3.72 9.92 0 41.20 9.54 64.38

2000 .......................................................... 3.85 10.27 0 * 38.99 11.01 64.12

2004 .......................................................... 3.92 10.48 0 * 38.21 11.51 64.12

Carbon Monoxide

1990 .......................................................... 7.54 68.89 0 296.32 3.00 375.75

1993 .......................................................... 7.65 69.93 0 245.90 3.34 326.82

2000 .......................................................... 7.92 72.41 0 220.72 3.67 304.72

2004 .......................................................... 8.08 73.87 0 203.60 3.84 289.39

*Safety margin emission were reallocated to mobile sources. A safety margin is produced when the emissions from all sources are less than

the total emissions that would be consistent with attainment.

Final Action

The Agency has reviewed this request

for revision of the Federally-approved

State implementation plan for

conformance with the provisions of the

1990 amendments enacted on November

15, 1990. The Agency has determined

that this action conforms with those

requirements.

The 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, the EPA is proposing to

approve the SIP revision should adverse

or critical comments be filed. This

action will be effective October 6, 1997,

unless, by September 4, 1997, adverse or

critical comments are received.

If the EPA receives such comments,

this action will be withdrawn before the

effective date by publishing a

subsequent document that will

withdraw the final action. All public

comments received will 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 October 6, 1997.

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 state implementation

plan shall be considered separately in

light of specific technical, economic,

and environmental factors and in

relation to relevant statutory and

regulatory requirements.

I. 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

Regional 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) and 7410(k)(3).

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 promulgated 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.
42070 Federal Register / Vol. 62, No. 150 / Tuesday, August 5, 1997 / Rules and Regulations

D. Submission to Congress and the

General Accounting Office

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 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 October 6, 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).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide,

Hydrocarbons, Incorporation by

reference, Intergovernmental relations,

Nitrogen oxides ,Ozone, Reporting and

recordkeeping requirements.

Dated: July 9, 1997.

Michael V. Payton,

Acting Regional Administrator .

Chapter I, title 40, 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 RR—Tennessee

2. Section 52.2220, is amended by

adding paragraph (c)(151) to read as

follows:

§ 52.2220 Identification of plan.

* * * * *

(c) * * *

(151) A Revision to Knox County

Ozone Maintenance plan and emission

projections submitted by the Tennessee

Department of Environment and

Conservation on January 18, 1995.

(i) Incorporation by reference.

(A) Knox County Ozone Maintenance

plan and emission projections adopted

on November 21, 1994.

(ii) Other material. None.

* * * * *

[FR Doc. 97–20578 Filed 8–4–97; 8:45 am]

BILLING CODE 6560–50–P

GENERAL SERVICES

ADMINISTRATION

41 CFR Part 101–17

RIN 3090–AF94

Assignment and Utilization of Space

AGENCY: Public Buildings Service,

General Services Administration.

ACTION: Interim Rule with Request for

Comments.

SUMMARY: This interim rule, initially

published in the Federal Register March

7, 1996, began the process of replacing

Part 101–17 of the Federal Property

Management Regulations (FPMR). The

rule repealed the outdated and

superseded permanent FPMR Part 101–

17 and provided new guidance

concerning the location of Federal

facilities in urban areas. The rule

expired March 7, 1997. This supplement

extends the interim rule indefinitely.

DATES: Effective date: March 8, 1997.

Comment date: September 4, 1997.

ADDRESSES: Comments should be

submitted to the General Services

Administration, Public Buildings

Service, Office of Property Acquisition

and Realty Services (PE), Washington,

DC 20405.

FOR FURTHER INFORMATION CONTACT:

Alan Waldron, Acting Assistant

Commissioner, Office of Property

Acquisition and Realty Services, at (202)

501–1025.

SUPPLEMENTARY INFORMATION: The

purpose of this interim rule is to

provide new, permanent FPMR

guidance regarding the location of

Federal facilities in urban areas.

On August 16, 1978, President Carter

issued Executive Order 12072, which

directs Federal agencies to give first

consideration to centralized community

business areas when filling federal

space needs in urban areas. The

objective of the Executive order is that

Federal facilities and Federal use of

space in urban areas serve to strengthen

the nation’s cities and make them

attractive places to live and to work.

This regulation serves to reaffirm this

Administration’s commitment to

Executive Order 12072 and its goals.

The General Services Administration

(GSA) has determined that this rule is

not a significant regulatory action for

the purposes of Executive Order 12866.

This rule is not expected to have a

significant economic impact on a

substantial number of small entities

within the meaning of the Regulatory

Flexibility Act (5 U.S.C. 601, et seq.) An

initial regulatory flexibility analysis has

therefore not been performed.

The Paperwork Reduction Act does

not apply to this action because the

proposed changes to the Federal

Property Management Regulations do

not impose reporting, recordkeeping or

information collection requirements

which require the approval of the Office

of Management and Budget pursuant to

44 U.S.C. 3501, et seq.

List of Subjects in 41 CFR Part 101–17

Administrative practices and

procedures, Federal buildings and

facilities, Government real property

management.

Authority: Sec. 205(c), 63 Stat. 390, 40

U.S.C. 486(c).

In 41 CFR Chapter 101, the following

Interim Rule D–1 is added to the

appendix at the end of Subchapter D to

read as follows:

Federal Property Management Regulations;

Interim Rule D–1

Supplement 1

To: Heads of Federal Agencies

Subject: Assignment and Utilization of Space

1. Purpose. This interim rule, initially

published in the Federal Register March 7,

1996, began the process of replacing Part

101–17 of the Federal Property Management

Regulations (FPMR). The rule repealed the

outdated and superseded permanent FPMR

Part 101–17 and provided new guidance

concerning the location of Federal facilities

in urban areas. The rule expired on March 7,

1997. This supplement extends the interim

rule indefinitely.

2. Effective date. March 8, 1997. Comments

should be submitted on or before 30 calendar

days following publication in the Federal

Register.

3. Comments. Comments should be

submitted to the General Services

Administration, Public Buildings Service,

Office of Property Acquisition and Realty

Services (PE), Washington, DC 20405.

4. Effect on other directives. This interim

rule amends 41 CFR Part 101–17 by deleting

all subparts and sections in their entirety and

by adding a new §101–17.205 entitled

‘‘Location of Space.’’