46880 Federal Register / Vol. 62, No. 172 / Friday, September 5, 1997 / Rules and Regulations

Dated: August 26, 1997.

T.W. Josiah,

Rear Admiral, U.S. Coast Guard, Commander,

Eighth Coast Guard District.

[FR Doc. 97–23518 Filed 9–4–97; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD08–97–033]

Drawbridge Operations; Gulf

Intracoastal Waterway, LA

AGENCY: Coast Guard, DOT.

ACTION: Notice of temporary deviation

from regulations.

SUMMARY: The Commander, Eighth

Coast Guard District has issued a

temporary deviation from the regulation

governing the operation of the SR 27

vertical lift span drawbridge across the

Gulf Intracoastal Waterway, mile 243.8,

west of Harvey Lock, at Ellender,

Calcasieu Parish, Louisiana. This

deviation allows the bridge to remain

closed to navigation between the hours

of 3 a.m. and 11 a.m. on September 6,

1997. This closure is necessary to

facilitate movement of vehicular traffic

for a continuous concrete pouring

operation scheduled for that day.

DATES: The deviation is effective from 3

a.m. until 11 a.m. on September 6, 1997.

FOR FURTHER INFORMATION CONTACT: Mr.

Phil Johnson, Bridge Administration

Branch, Commander (ob), Eighth Coast

Guard District, 501 Magazine Street,

New Orleans, Louisiana 70130–3396,

telephone number (504) 589–2965.

SUPPLEMENTARY INFORMATION: The SR 27

vertical lift span drawbridge across the

Gulf Intracoastal Waterway, mile 243.8,

west of Harvey Lock, at Ellender,

Calcasieu Parish, Louisiana has a

vertical clearance of 50 feet above mean

high water in the closed to navigation

position and 135 feet above mean high

water in the open to navigation position.

Navigation on the waterway consists of

tugs with tows, including crane barges,

commercial fishing vessels, sailing

vessels and other recreational craft. The

Louisiana Department of Transportation

and Development has requested a

temporary deviation from the normal

operation of the bridge so that the

contractor can conduct a continuous

concrete pour operation at the U.S.

Department of Energy Storage Site at

Hackberry, Louisiana. This operation

will require that approximately 35

cement trucks deliver pre-mixed

concrete to the site on a perpetual

traveling schedule. Delays to vehicular

traffic due to drawbridge openings at the

SR 27 bridge would jeopardize this time

sensitive procedure.

Presently, the draw is required to

open on signal if at least four hours’

notice is given. This deviation allows

the draw to remain closed to navigation

between the hours of 3 a.m. and 11 a.m.

on September 6, 1997.

Dated: August 26, 1997.

T.W. Josiah,

Rear Admiral, U.S. Coast Guard, Commander,

Eighth Coast Guard District.

[FR Doc. 97–23517 Filed 9–4–97; 8:45 am]

BILLING CODE 4910–14–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[MO 034–1034(a); FRL–5886–3]

Approval and Promulgation of

Implementation Plans; State of

Missouri

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: This action approves

revisions in the Missouri state rules

regarding conformity requirements in

Kansas City and St. Louis. These

changes are made to incorporate

amendments in the Federal

transportation conformity rule effective

on November 14, 1995.

DATES: This action is effective

November 4, 1997, unless, by October 6,

1997, adverse or critical comments are

received.

ADDRESSES: Copies of the documents

relevant to this action are available for

public inspection during normal

business hours at the: Environmental

Protection Agency, Air Planning and

Development Branch, 726 Minnesota

Avenue, Kansas City, Kansas 66101; and

the EPA Air & Radiation Docket and

Information Center, 401 M Street, SW.,

Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT:

Christopher D. Hess at (913) 551–7213.

SUPPLEMENTARY INFORMATION:

I. Background

On November 14, 1995, the EPA

published a set of amendments to the

Federal rule on transportation

conformity contained in 40 CFR 51.390–

464 (subpart T). The state of Missouri

has adopted changes in 10 CSR 10–

2.390 (for Kansas City) and 10 CSR 10–

5.480 (for St. Louis) in order to parallel

and incorporate the Federal revisions.

These revisions were submitted to the

EPA in letters dated January 10, 1997,

and February 2, 1997, for the areas of

Kansas City and St. Louis, respectively.

These submissions were deemed

complete in letters to the state dated

February 25, 1997, and March 5, 1997.

The state provided evidence of the

lawful adoption of regulations, public

notice, and public hearing requirements.

Both state rules were submitted to

EPA for review on July 3, 1996. The

EPA requested two minor revisions in a

letter dated July 23, 1996, which the

state made prior to adoption of both

rules on July 25, 1996. The rules became

effective on December 30, 1996.

II. Analysis

The state has essentially adopted the

November 14, 1995, amendments to the

transportation conformity rule in their

entirety, while organizing the respective

rules into the established state

regulatory structure and numbering

system. Some minor differences

between the Federal and state rule exist,

such as the state’s inclusion of a

definition for ‘‘consultation’’ and

specifying the metropolitan planning

organizations in the Kansas City and St.

Louis area.

The respective rules for Kansas City

(an ozone maintenance area) and St.

Louis (an ozone and carbon monoxide

(CO) nonattainment area) are nearly

identical to one another and to the

requirements of the Federal rule, except

where the St. Louis rules include

definitions and procedures for a CO

nonattainment area, which is not

required in the Kansas City rules. For an

explanation of the specific changes in

the state’s rule to meet Federal

requirements, the reader may request

the ‘‘Technical Support Document

(TSD) for a Revision to the Missouri

State Implementation Plan (SIP),’’ dated

July 25, 1997. The revisions are

appropriate, required, and fully

approvable by the EPA.

III. Final Action

The EPA is approving revisions

submitted on January 10, 1997, and

February 2, 1997, which meet the

requirements of the transportation

conformity amendments dated

November 14, 1995. This meets the

Federal requirements set forth in 40 CFR

51, subpart T.

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
Federal Register / Vol. 62, No. 172 / Friday, September 5, 1997 / Rules and Regulations 46881

approve the SIP revision should adverse

or critical comments be filed. This

action is effective November 4, 1997,

unless, by October 6, 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 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 is effective November 4, 1997.

Nothing in this action should be

construed as permitting or 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.

IV. 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 Act

Under the Regulatory Flexibility Act,

5 U.S.C. 600 et seq., the 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, the 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-forprofit 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 CAA 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

regulatory flexibility analysis would

constitute Federal inquiry into the

economic reasonableness of state action.

The CAA forbids the EPA to base its

actions concerning SIPs on such

grounds (Union Electric Co. v. U.S.

E.P.A., 427 U.S. 246, 256–66 (S.Ct.

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, the 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

private sector, of $100 million or more.

Under section 205, the EPA must select

the most cost-effective and least

burdensome alternative that achieves

the objectives of the rule and is

consistent with statutory requirements.

Section 203 requires the EPA to

establish a plan for informing and

advising any small governments that

may be significantly or uniquely

impacted by the rule.

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

by the Small Business Regulatory

Enforcement Fairness Act of 1996, the

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 this 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 CAA,

petitions for judicial review of this

action must be filed in the United States

Court of Appeals for the appropriate

circuit by November 4, 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,

Lead, Nitrogen dioxide, Ozone,

Particulate matter, Reporting and

recordkeeping requirements, Sulfur

oxides, Volatile organic compounds.

Dated: August 15, 1997.

William Rice,

Acting 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 AA—Missouri

2. Section 52.1320 is amended by

adding paragraph (c)(101) to read as

follows:

§ 52.1320 Identification of plan.

* * * * *

(c) * * *

(101) On January 10, 1997, and

February 2, 1997, the Missouri

Department of Natural Resources

submitted revised rules pertaining to

transportation conformity.

(i) Incorporation by reference.

(A) Regulation 10 CSR 10–2.390,

entitled Conformity to State

Implementation Plans of Transportation

Plans, Programs, and Projects

Developed, Funded or Approved Under

Title 23 U.S.C. or the Federal Transit

Act, effective December 30, 1996.

(B) Regulation 10 CSR 10–5.480,

entitled Conformity to State

Implementation Plans of Transportation

Plans, Programs, and Projects

Developed, Funded or Approved Under

Title 23 U.S.C. or the Federal Transit

Act, effective December 30, 1996.

3. Section 52.1323 is amended by

adding paragraph (k) to read as follows:

§ 52.1323 Approval Status.

* * * * *

(k) The state of Missouri revised 10

CSR 10–2.390 for Kansas City and 10

CSR 10–5.480 for St. Louis to update the

transportation conformity requirements

contained in 40 CFR Part 51, Subpart T,

effective November 14, 1995.

[FR Doc. 97–23452 Filed 9–4–97; 8:45 am]

BILLING CODE 6560–50–P