43100 Federal Register / Vol. 62, No. 155 / Tuesday, August 12, 1997 / Rules and Regulations

to warrant the preparation of a

Federalism Assessment.

Environment

The Coast Guard considered the

environmental impact of this rule and

concluded that, under paragraph

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

Instruction M16475.1B (as revised by 59

FR 38654; July 29, 1994), this rule is

categorically excluded from further

environmental documentation.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Vessels, Waterways.

For the reasons set out in the

preamble, the Coast Guard amends 33

CFR part 165 as follows:

1. The authority citation for part 165

continues to read as follows:

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

and 33 CFR 1.05–1(g), 6.04–1, 6.04–6, and

160.5; and 49 CFR 1.46.

2. A new temporary section 165.T02–

050 is added to read as follows:

§ 165.T02–050 Safety Zone; Lower

Mississippi River.

(a) Location. The following area is a

Safety Zone: Lower Mississippi River

mile 661.0 to mile 662.0.

(b) Effective dates. This section

becomes effective at 12:01 a.m. on July

17, 1997, and terminates at 11:59 p.m.

on August 31, 1997.

(c) Regulations. In accordance with

the general regulations in § 165.23, entry

into this zone is prohibited except as

authorized by the Captain of the Port.

The Captain of the Port, Memphis,

Tennessee, will notify the maritime

community of conditions affecting the

area covered by this safety zone by

Marine Safety Information Radio

Broadcast on VHF Marine Band Radio,

Channel 22 (157.1 MHz).

Dated: July 18, 1997.

P.L. Mountcastle,

Lieutenant Commander, USCG, Alternate

Captain of the Port.

[FR Doc. 97–21260 Filed 8–11–97; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF COMMERCE

Patent and Trademark Office

37 CFR Parts 1 and 2

[Docket No. 970410086–7174–02]

RIN 0651–AA92

Revision of Patent and Trademark

Fees for Fiscal Year 1998; Correction

AGENCY: Patent and Trademark Office,

Commerce.

ACTION: Final rule; correction.

SUMMARY: The Patent and Trademark

Office published in the Federal Register

of July 29, 1997, a document revising

certain patent fee and trademark service

fee amounts for fiscal year 1998.

Inadvertently, an incorrect planned

recovery amount was stated. This

document corrects the planned recovery

amount for fiscal year 1998.

DATES: Effective on October 1, 1997.

FOR FURTHER INFORMATION CONTACT:

Matthew Lee by telephone at (703) 305–

8051, fax at (703) 305–8007, or by mail

marked to his attention and addressed

to the Commissioner of Patents and

Trademarks, Office of Finance, Crystal

Park 1, Suite 802, Washington, D.C.

20231.

SUPPLEMENTARY INFORMATION: A final

rule revising certain patent fee and

trademark service fee amounts for fiscal

year 1998 was published as FR Doc. 97–

19901 in the Federal Register of July 29,

1997 (62 FR 40450). The final rule

contains an error in the Recovery Level

Determinations section. The planned

recovery amount anticipated for fiscal

year 1998 was incorrectly stated as

$763,391,000. This correction revises

the planned recovery amount.

In rule FR Doc. 97–19901 published

on July 29, 1997 (62 FR 40450), make

the following correction. On page

40450, in the third column, change the

planned recovery amount to

$748,320,000.

Dated: August 6, 1997.

Albin F. Drost,

Deputy Solicitor.

[FR Doc. 97–21239 Filed 8–11–97; 8:45 am]

BILLING CODE 3510–16–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[IL137–1a; FRL–5868–5]

Approval and Promulgation of

Implementation Plans; Revision to the

Illinois State Implementation Plan for

Ozone

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: The EPA approves the State

Implementation Plan (SIP) revision

request submitted by the State of Illinois

on May 14, 1996, for the purpose of

making a change to the regulatory

control period established for Illinois’

7.2 pounds per square inch (psi) Reid

Vapor Pressure (RVP) regulations

currently required for the Metro-East St.

Louis (Metro-East) moderate ozone

nonattainment area which includes

Madison, Monroe, and St. Clair

Counties. In addition, EPA is approving

a correction to the identification number

for the Clark Oil Company listed in

Illinois’ Marine Vessel Loading rule.

The rationale for the approval is set

forth in this direct final rule; additional

information is available at the address

indicated below. In the proposed rules

section of this Federal Register, EPA is

proposing approval of and soliciting

public comment on this requested SIP

revision. If adverse written comments

are received on this direct final rule,

EPA will withdraw this direct final rule

and address the comments received in

a subsequent final rule on the related

proposed rule which is being published

in the proposed rules section of this

Federal Register. No additional

opportunity for public comment will be

provided. Unless this direct final rule is

withdrawn no further rulemaking will

occur on this requested SIP revision.

DATES: This final rule is effective on

October 14, 1997 unless written adverse

or critical comments are received by

September 11, 1997. If the effective date

is delayed, timely notice will be

published in the Federal Register.

ADDRESSES: Written comments can be

mailed to: J. Elmer Bortzer, Chief,

Regulation Development Section (AR–

18J), Air Programs Branch, Air and

Radiation Division, U.S. Environmental

Protection Agency, 77 West Jackson

Boulevard, Chicago, Illinois 60604.

Copies of the SIP revision request and

EPA’s analysis (Technical Support

Document) are available for inspection

at the following address: (It is

recommended that you telephone
Federal Register / Vol. 62, No. 155 / Tuesday, August 12, 1997 / Rules and Regulations 43101

1EPA promulgated the RVP regulations under

both section 211(c) and section 211(h). States are

generally preempted under section 211(c)(4)(A)

from requiring fuel standards nonidentical to

Federal standards promulgated under section

211(c)(1).

Francisco Acevedo at (312) 886–6061

before visiting the Region 5 Office.)

U.S. Environmental Protection Agency,

Region 5, Air and Radiation Division, 77

West Jackson Boulevard, Chicago,

Illinois 60604.

FOR FURTHER INFORMATION CONTACT:

Francisco Acevedo, Environmental

Protection Specialist, at (312) 886–6061.

SUPPLEMENTARY INFORMATION:

I. Background

Reid vapor pressure is a measure of a

fuel’s volatility; the higher the RVP the

faster a fuel evaporates. Emissions of

volatile organic compounds (VOC) react

with other pollutants, such as oxides of

nitrogen, to form ozone. Ozone

formation is most active during the

summer months because the chemical

reactions involved rely on direct

sunlight and high ambient temperatures.

Thus, regulations limiting fuel RVP are

designed to protect human health by

reducing ozone formation and human

exposure.

The EPA first proposed to regulate

gasoline RVP in 1987 (52 FR 31274).

EPA’s gasoline RVP proposal resulted in

a two-phased final regulation which

Congress incorporated into the Clean

Air Act (Act) in section 211(h). Phase I

of the regulation took effect in 1990 (54

FR 11868) for the years 1990 and 1991.

The second phase of the regulation

became effective in 1992 (55 FR 23658).

The rule divides the continental United

States into two control regions, Class B

and Class C. Generally speaking, the

Class B States are the warmer southern

and western states, such as Missouri;

and Class C States are the cooler

northern states, such as Illinois. The

Phase II regulation limits the volatility

of high ozone season gasoline to 9.0 psi

RVP for Class C areas and limits Class

B ozone nonattainment areas to 7.8 psi

RVP. Therefore, the Missouri counties

within the St. Louis ozone

nonattainment area are required to meet

the 7.8 psi RVP standard while the

Illinois counties have a 9.0 psi RVP

limit.

State governments are generally

preempted under section 211(c)(4)(A) of

the Act from requiring that any or all

areas in a State meet a more stringent

volatility standard.1 However, under

211(c)(4)(C) a State can require a more

stringent standard in its SIP if the more

stringent standard is necessary to

achieve the National Ambient Air

Quality Standards (NAAQS). The State

can make this necessity showing by

providing evidence that no other

measures exist that would bring about

timely attainment, or that such

measures exist and are technically

possible to implement, but are

unreasonable or impractical. If a State

makes this showing, it can lower the

volatility to whatever standard is

necessary in the nonattainment area(s).

On October 25, 1994, the Illinois

Environmental Protection Agency

(IEPA) formally submitted 7.2 psi RVP

rules to EPA, as a revision to the Illinois

ozone SIP. On March 23, 1995, EPA

published a Federal Register document

approving the Illinois 7.2 psi RVP rules

as a revision to the State SIP. (March 23,

1995, FR 60 FR 15233).

II. State Submittal

On May 14, 1996, IEPA formally

submitted a State Implementation Plan

revision request which included final

amendments to Ill. Adm. Code

219.585(a) and 219.Appendix E. The

amendment in Adm. Code 219.585(a)

pertains to a change to the regulatory

control period in Illinois’ 7.2 RVP rules

approved by EPA on March 23, 1995.

The amendment in Adm. Code 219.

Appendix E is a housekeeping matter

that corrects an error in the

identification number of Clark Oil

Company terminal which is subject to

Illinois’ Marine Vessel Loading rules.

IEPA originally filed proposed rules

with the Illinois Pollution Control Board

(Board) on September 6, 1995. Public

Hearings were held on October 25, 1995,

in Springfield, Illinois and October 26,

1995, in Edwardsville, Illinois. On

February 1, 1996, the Board adopted a

final Opinion and Order for both of the

proposed amendments. On March 1,

1996 the amended rule for R96–2 was

published in the Illinois Register.

III. Analysis of Rule

The Illinois 7.2 psi RVP rule approved

by EPA on March 23, 1995, limits the

volatility of gasoline sold in Madison,

Monroe, and St. Clair Counties to 7.2 psi

RVP during the control period

beginning in 1995. The adopted control

period included in the rule was June 1

to September 15 for retail outlets and

wholesale consumers, and May 1 to

September 15 for all others.

The Illinois submittal being approved

in this notice changes the compliance

date for all sources that currently have

an annual compliance date of May 1st

of each year for 7.2 psi RVP gasoline to

June 1st of each year. The compliance

date for gasoline supply facilities

adopted earlier was inconsistent with

the federal compliance date for southern

ozone nonattainment areas. Federal

regulations lower RVP of gasoline in

two steps. Step I requires the entire

country to have 9.0 psi RVP at the

supply facilities beginning on May 1st

of each year. Step II requires that

southern ozone nonattainment areas,

such as St. Louis, Missouri, have 7.8 psi

RVP gasoline at both supply and retail

levels beginning on June 1st of each

year. See June 11, 1990 Federal Register

(55 FR 23658).

The Illinois rules approved by EPA on

March 23, 1995, required 7.2 psi RVP

gasoline at supply facilities in the

Metro-East area in May when the rest of

the country was only required to have

9.0 psi RVP gasoline under the Federal

RVP requirements. Due to the geography

of the St. Louis area, in which the

Metro-East nonattainment portion is

part of the larger St. Louis metropolitan

area and market, and due to the limited

storage capacity for petroleum products,

not changing the May 1 compliance date

for those facilities located in the MetroEast ozone nonattainment area requires

that for the month of May the petroleum

refining industry supply and sell to the

majority of the St. Louis area market 7.2

psi RVP gasoline, when such gasoline is

only required in the Illinois portion of

the metropolitan area which makes up

only 20 to 25 percent of the market.

In addition to the issue of the

regulatory control period for low

volatility gasoline, EPA is approving

Illinois’ correction of an error regarding

the identification number for the Clark

Oil Company, as found in 35 Ill. Adm.

Code 219.Appendix E. The correction

changes the identification number from

197800AAA to 119050AAA. The Clark

Oil Company terminal is currently

subject to Marine Vessel Loading rules.

These rules were adopted by the Illinois

Pollution Control Board on October 20,

1994, and were approved by EPA in a

Federal Register published April 3,

1995 (60 FR 16801).

IV. Final Action

The EPA is approving Illinois’

changes to 35 Ill. Adm. Code 219.585(a),

as a revision to the ozone SIP which

establishes a uniform annual date of

June 1 upon which all regulated

gasoline facilities must comply with

Illinois’ 7.2 psi RVP gasoline

requirements. EPA is also approving

Illinois’ correction of the identification

number for the Clark Oil Company, as

found in 35 Ill. Adm. Code

219.Appendix E from 197800AAA to

119050AAA.

The EPA is publishing this action

without prior proposal because EPA

views this as a noncontroversial

revision and anticipates no adverse
43102 Federal Register / Vol. 62, No. 155 / Tuesday, August 12, 1997 / Rules and Regulations

comments. However, in a separate

document in this Federal Register

publication, the EPA is proposing to

approve the SIP revision should written

adverse or critical comments be filed.

This action will be effective on October

14, 1997 unless, by September 11, 1997,

written 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 rulemaking that will

withdraw the final action. All written

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 on October 14,

1997.

Nothing in this action should be

construed as permitting, 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 and regulatory requirements.

V. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget

has exempted this regulatory action

from Executive Order 12866 review.

B. Regulatory Flexibility

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.

This Federal action authorizes and

approves into the Illinois SIP

requirements previously adopted by the

state, and imposes no new

requirements. Therefore, 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 Act, preparation of a

regulatory flexibility analysis would

constitute Federal inquiry into the

economic reasonableness of state action.

The Act forbids the EPA to base its

actions concerning SIPs on such

grounds (Union Electric Co. v. EPA., 427

U.S. 246, 256–66 (1976); 42 U.S.C.

7410(a)(2)).

C. Unfunded Mandates

Under section 202 of the Unfunded

Mandates Reform Act of 1995, signed

into law on March 22, 1995, EPA must

undertake various actions in association

with 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. The EPA has determined that

the final action 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

authorizes and approves into the Illinois

SIP requirements previously adopted by

the state, 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 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).

E. Petitions for Judicial Review

Under section 307(b)(1) of the Act,

petitions for judicial review of this

action must be filed in the United States

Court of Appeals for the appropriate

circuit by October 14, 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, Hydrocarbon, Ozone.

Dated: July 1, 1997.

David A. Ullrich,

Acting Regional Administrator.

For the reasons stated in the

preamble, 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 O—Illinois

2. Section 52.720 is amended by

adding paragraph (c)(106)(i)(D) and

revising paragraph (c)(109) to read as

follows:

§ 52.720 Identification of plan.

* * * * *

(c) * * *

(106) * * *

(i) * * *

(D) Part 219: Organic Material

Emissions Standards and Limitations for

the Metro-East Area, Appendix E: List of

affected Marine Terminals amended at

20 Ill. Reg. 3848. Effective February 15,

1996.

* * * * *

(109) On October 25, 1994, Illinois

submitted a regulation that reduces the

maximum allowable volatility for

gasoline sold in the Metro-East St. Louis

ozone nonattainment area, which

includes Madison, Monroe, and St. Clair

Counties, to 7.2 pounds per square inch

Reid Vapor Pressure (RVP) during the

summer control period. On May 14,

1996, Illinois submitted an amendment

to its RVP rule which changes the

summer regulatory control period of the

program. The summer control period for

the Illinois RVP program is June 1 to

September 15.

(i) Incorporation by reference.

Illinois Administrative Code Title 35:

Environmental Protection, Subtitle B:

Air Pollution, Chapter I: Pollution

Control Board, Subchapter c: Emissions

Standards and Limitations for

Stationary Sources, Part 219 Organic

Material Emission Standards and

Limitations for Metro East Area,

(A) Section 219.112 Incorporation by

Reference. Amended at 18 Ill. Reg.

14987. Effective September 21, 1994.

(B) (Reserved)

(C) Section 219.585 Gasoline

Volatility Standards. Amended at 20 Ill.

Reg. 3848: Effective February 15, 1996.

* * * * *

[FR Doc. 97–21142 Filed 8–11–97; 8:45 am]

BILLING CODE 6560–50–P