45606 Federal Register / Vol. 62, No. 167 / Thursday, August 28, 1997 / Proposed Rules

Rule 6 Severability (Adopted 11/21/78)

Rule 7 Zone Boundaries (Adopted 6/14/77)

Rule 10 Permits Required (Adopted 6/13/

95)

Rule 11 Definition for Regulation II

(Adopted 6/13/95)

Rule 12 Application for Permits (Adopted

6/13/95)

Rule 13 Action on Applications for an

Authority to Construct (Adopted 6/13/

95)

Rule 14 Action on Applications for a Permit

to Operate (Adopted 6/13/95)

Rule 15.1 Sampling and Testing Facilities

(Adopted 10/12/93)

Rule 16 BACT Certification (Adopted 6/13/

95)

Rule 19 Posting of Permits (Adopted 5/23/

72)

Rule 20 Transfer of Permit (Adopted 5/23/

72)

Rule 23 Exemptions from Permits (Adopted

7/9/96)

Rule 24 Source Recordkeeping, Reporting,

and Emission Statements (Adopted 9/15/

92)

Rule 26 New Source Review (Adopted 10/

22/91)

Rule 26.1 New Source Review—Definitions

(Adopted 10/22/91)

Rule 26.2 New Source Review—

Requirements (Adopted 10/22/91)

Rule 26.3 New Source Review—Exemptions

(Adopted 10/22/91)

Rule 26.6 New Source Review—

Calculations (Adopted 10/22/91)

Rule 26.8 New Source Review—Permit To

Operate (Adopted 10/22/91)

Rule 26.10 New Source Review—PSD

(Adopted 10/22/91)

Rule 28 Revocation of Permits (Adopted 7/

18/72)

Rule 29 Conditions on Permits (Adopted

10/22/91)

Rule 30 Permit Renewal (Adopted 5/30/89)

Rule 32 Breakdown Conditions: Emergency

Variances, A., B.1., and D. only.

(Adopted 2/20/79)

Rule 33 Part 70 Permits—General (Adopted

10/12/93)

Rule 33.1 Part 70 Permits—Definitions

(Adopted 10/12/93)

Rule 33.2 Part 70 Permits—Application

Contents (Adopted 10/12/93)

Rule 33.3 Part 70 Permits—Permit Content

(Adopted 10/12/93)

Rule 33.4 Part 70 Permits—Operational

Flexibility (Adopted 10/12/93)

Rule 33.5 Part 70 Permits—Timeframes for

Applications, Review and Issuance

(Adopted 10/12/93)

Rule 33.6 Part 70 Permits—Permit Term

and Permit Reissuance (Adopted 10/12/

93)

Rule 33.7 Part 70 Permits—Notification

(Adopted 10/12/93)

Rule 33.8 Part 70 Permits—Reopening of

Permits (Adopted 10/12/93)

Rule 33.9 Part 70 Permits—Compliance

Provisions (Adopted 10/12/93)

Rule 33.10 Part 70 Permits—General Part 70

Permits (Adopted 10/12/93)

Rule 34 Acid Deposition Control (Adopted

3/14/95)

Rule 35 Elective Emission Limits (Adopted

11/12/96)

Appendix II–B Best Available Control

Technology (BACT) Tables (Adopted 12/

86)

Rule 42 Permit Fees (Adopted 4/15/97)

Rule 44 Exemption Evaluation Fee

(Adopted 9/10/96)

Rule 45 Plan Fees (Adopted 6/19/90)

Rule 45.2 Asbestos Removal Fees (Adopted

8/4/92)

Rule 50 Opacity (Adopted 2/20/79)

Rule 52 Particulate Matter—Concentration

(Adopted 5/23/72)

Rule 53 Particulate Matter—Process Weight

(Adopted 7/18/72)

Rule 54 Sulfur Compounds (Adopted 6/14/

94)

Rule 56 Open Fires (Adopted 3/29/94)

Rule 57 Combustion Contaminants—

Specific (Adopted 6/14/77)

Rule 60 New Non-Mobile Equipment—

Sulfur Dioxide, Nitrogen Oxides, and

Particulate Matter (Adopted 7/8/72)

Rule 62.7 Asbestos—Demolition and

Renovation (Adopted 6/16/92)

Rule 63 Separation and Combination of

Emissions (Adopted 11/21/78)

Rule 64 Sulfur Content of Fuels (Adopted

6/14/94)

Rule 67 Vacuum Producing Devices

(Adopted 7/5/83)

Rule 68 Carbon Monoxide (Adopted 6/14/

77)

Rule 71 Crude Oil and Reactive Organic

Compound Liquids (Adopted 12/13/94)

Rule 71.1 Crude Oil Production and

Separation (Adopted 6/16/92)

Rule 71.2 Storage of Reactive Organic

Compound Liquids (Adopted 9/26/89)

Rule 71.3 Transfer of Reactive Organic

Compound Liquids (Adopted 6/16/92)

Rule 71.4 Petroleum Sumps, Pits, Ponds,

and Well Cellars (Adopted 6/8/93)

Rule 71.5 Glycol Dehydrators (Adopted 12/

13/94)

Rule 72 New Source Performance Standards

(NSPS) (Adopted 9/10/96)

Rule 74 Specific Source Standards

(Adopted 7/6/76)

Rule 74.1 Abrasive Blasting (Adopted 11/

12/91)

Rule 74.2 Architectural Coatings (Adopted

8/11/92)

Rule 74.6 Surface Cleaning and Degreasing

(Adopted 7/9/96)

Rule 74.6.1 Cold Cleaning Operations

(Adopted 7/9/96)

Rule 74.6.2 Batch Loaded Vapor Degreasing

Operations (Adopted 7/9/96)

Rule 74.7 Fugitive Emissions of Reactive

Organic Compounds at Petroleum

Refineries and Chemical Plants (Adopted

1/10/89)

Rule 74.8 Refinery Vacuum Producing

Systems, Waste-water Separators and

Process Turnarounds (Adopted 7/5/83)

Rule 74.9 Stationary Internal Combustion

Engines (Adopted 12/21/93)

Rule 74.10 Components at Crude Oil

Production Facilities and Natural Gas

Production and Processing Facilities

(Adopted 6/16/92)

Rule 74.11 Natural Gas-Fired Residential

Water Heaters—Control of NOX

(Adopted 4/9/85)

Rule 74.12 Surface Coating of Metal Parts

and Products (Adopted 9/10/96)

Rule 74.15 Boilers, Steam Generators and

Process Heaters (5MM BTUs and greater)

(Adopted 11/8/94)

Rule 74.15.1 Boilers, Steam Generators and

Process Heaters (1–5MM BTUs)

(Adopted 6/13/95)

Rule 74.16 Oil Field Drilling Operations

(Adopted 1/8/91)

Rule 74.20 Adhesives and Sealants

(Adopted 1/14/97)

Rule 74.23 Stationary Gas Turbines

(Adopted 3/14/95)

Rule 74.24 Marine Coating Operations

(Adopted 9/10/96)

Rule 74.26 Crude Oil Storage Tank

Degassing Operations (Adopted 11/8/94)

Rule 74.27 Gasoline and ROC Liquid

Storage Tank Degassing Operations

(Adopted 11/8/94)

Rule 74.28 Asphalt Roofing Operations

(Adopted 5/10/94)

Rule 74.30 Wood Products Coatings

(Adopted 9/10/96)

Rule 75 Circumvention (Adopted 11/27/78)

Appendix IV–A Soap Bubble Tests

(Adopted 12/86)

Rule 100 Analytical Methods (Adopted 7/

18/72)

Rule 101 Sampling and Testing Facilities

(Adopted 5/23/72)

Rule 102 Source Tests (Adopted 11/21/78)

Rule 103 Stack Monitoring (Adopted 6/4/

91)

Rule 154 Stage 1 Episode Actions (Adopted

9/17/91)

Rule 155 Stage 2 Episode Actions (Adopted

9/17/91)

Rule 156 Stage 3 Episode Actions (Adopted

9/17/91)

Rule 158 Source Abatement Plans (Adopted

9/17/91)

Rule 159 Traffic Abatement Procedures

(Adopted 9/17/91)

Rule 220 General Conformity (Adopted 5/9/

95)

* * * * *

[FR Doc. 97–22950 Filed 8–27–97; 8:45 am]

BILLING CODE 6560–50–M

DEPARTMENT OF THE INTERIOR

Office of Hearings and Appeals

43 CFR Part 4

RIN 1090–AA63

Department Hearings and Appeals

Procedures

AGENCY: Office of Hearings and Appeals,

Interior.

ACTION: Proposed rule.

SUMMARY: The Department of the

Interior’s Office of Hearings and

Appeals is proposing to amend its rules

to provide that, except as otherwise

provided by law or other regulation, a

decision will be stayed, if it is appealed,

until there is a dispositive decision on

the appeal.
Federal Register / Vol. 62, No. 167 / Thursday, August 28, 1997 / Proposed Rules 45607

DATES: Comments are due on or before

September 29, 1997.

ADDRESSES: Send written comments to

Director, Office of Hearings and

Appeals, U.S. Department of the

Interior, 4015 Wilson Blvd., Arlington,

VA 22203. Comments received will be

available for inspection during regular

business hours (9 a.m. to 5 p.m.) in the

Office of the Director, Office of Hearings

and Appeals, 11th Floor, 4015 Wilson

Blvd., Arlington, VA. Persons wishing

to inspect comments are requested to

call in advance at 703–235–3810 to

make an appointment.

FOR FURTHER INFORMATION CONTACT:

James L. Byrnes, Chief Administrative

Judge, Interior Board of Land Appeals,

Office of Hearings and Appeals, U.S.

Department of the Interior, 4015 Wilson

Blvd., Arlington, VA 22203. Telephone:

703–235–3750.

SUPPLEMENTARY INFORMATION: The

Department of the Interior (Department)

proposes to amend the regulation

contained at 43 CFR 4.21. The

regulation now provides that, except as

provided by law or other pertinent

regulation, anyone who appeals a

decision of an authorized officer may

request a stay of that decision pending

completion of administrative review by

the Office of Hearings and Appeals

(OHA) at the time the appeal is filed. If

a stay is not requested, the decision goes

into effect the day after the time in

which a party adversely affected may

file a notice of appeal. If a stay is

requested, the decision is stayed

automatically for an additional 45 days

while the Director of OHA or an appeals

board considers the request for a stay. If

the Director or board denies the stay or

fails to act on the petition within these

45 days, the decision goes into effect.

Only if the stay request is granted is the

effect of the decision stayed while the

appeal is pending.

The current regulation was adopted

on January 19, 1993. 58 FR 4942 (1993).

Prior to that regulation all decisions

subject to section 4.21, except as

provided in other pertinent regulations,

were stayed pending a decision on

appeal unless placed into effect by the

Director of OHA or an appeals board.

Based on experience with the 1993

amendment to section 4.21, the

Department proposes to amend the rule

to provide that some decisions should

be stayed automatically pending a

decision on appeal, rather than

requiring an appellant to file a stay

request and requiring an appeals board

to issue a decision or order on the stay

petition. This would be particularly

appropriate when it is in the interest of

both the Government and the appellant

to have the decision stayed pending

appeal. For example, in instances where

the Department takes an enforcement

action against a party who has an

asserted property interest of some kind,

such as a lessee or mining claimant, the

action would best be stayed while an

appeal is pending if the lessee’s or

claimant’s activity is not endangering

health, safety, or the environment.

Staying such as action would prevent

the Department from taking an

enforcement action which may be

reversed on appeal. It also would permit

an appellant from going directly to

district court.

This proposed regulation would

automatically stay decisions when

appealed unless otherwise provided by

law or regulation. The rule would also

provide a means for parties to petition

OHA to place a decision stayed by this

rule into effect. Finally, the rule would

allow appellants to petition for a stay of

a decision which is in effect under a

regulation in Title 30 or Title 43 of the

Code of Federal Regulations unless that

regulation specifically provides that

section 4.21 does not apply.

It has been the Department’s

experience that the 1993 amendment to

section 4.21 has caused a significant

paperwork burden on OHA. The

amendment has led to large numbers of

stay requests which have had the

adverse effect of slowing adjudication of

other appeals, and of having more

recent appeals to OHA decided before

older pending appeals where stays were

not requested. This revision of section

4.21 would speed up the adjudication of

appeals and reduce the paperwork

burden on appellants and OHA.

This proposed revision is undertaken

in conjunction with an effort by the

Bureau of Land Management (BLM) to

review and consolidate various appeal

and protest regulations contained in

title 43 of the CFR. On October 17, 1996,

the Department of the Interior published

a proposed rule to amend 43 CFR Part

1840, 61 FR 54120 (1996), which deals

with appeals procedures for BLM. If this

proposed amendment to section 4.21 is

published in final, the Department may

consider amending the proposed rule

for 43 CFR Part 1840 by revising section

1844.11(a)(1) to state that, except as

provided in later paragraphs of that

section, if an adversely affected party

appeals a decision, the decision will be

stayed under the new 43 CFR 4.21.

Section 1844.11(b) in the proposed rule

for part 1840 lists specific regulations

that would continue to be excepted from

the stay-pending-appeal rule proposed

here.

Executive Order 12866

This proposed rule is not a significant

regulatory action under section 3(f) of

Executive Order 12866 and,

accordingly, is not subject to review by

the Office of Management and Budget.

National Environmental Policy Act

The Department has determined that

this proposed rule will have no

significant effect on the quality of the

human environment and will not

involve unresolved conflicts concerning

alternative uses of resources.

This rule is categorically excluded

from environmental review under

section 102(2)(c) of the National

Environmental Policy Act on the basis

of the categorical exclusion of

regulations of a procedural nature set

forth in 516 DM 2, Appendix 1, section

1.10.

Paperwork Reduction Act

This proposed rule contains no

information collection requirements

subject to OMB approval under 44

U.S.C. 3501 et seq.

Takings Implication Assessment

This proposed rule does not pose any

takings implications requiring

preparation of a Takings Implication

Assessment under Executive Order No.

12630 of March 15, 1988.

The Regulatory Flexibility Act

This proposed rule does not have a

significant economic effect on a

substantial number of small entities

under the Regulatory Flexibility Act

because the rule relates to agency

procedure. 5 U.S.C. 601 et seq.

Unfunded Mandates Reform Act of

1995

This proposed rule will not impose an

unfunded mandate of $100 million or

more in any given year on local, tribal,

and State governments in the aggregate,

or on the private sector in accordance

with the Unfunded Mandates Reform

Act. 2 U.S.C. 1501 et seq.

Drafting Information

The primary author of this proposed

rule is James L. Byrnes, Chief

Administrative Judge, Interior Board of

Land Appeals, Office of Hearings and

Appeals, U.S. Department of the

Interior.

List of Subjects in 43 CFR Part 4

Administrative practice and

procedure and public lands.

For the reasons set forth in the

preamble, the Department of the Interior

proposes to amend 43 CFR 4.21 as

described below.
45608 Federal Register / Vol. 62, No. 167 / Thursday, August 28, 1997 / Proposed Rules

1. The authority citation for part 4

continues to read as follows:

Authority: R.S. 2478, as amended, 43

U.S.C. sec. 1201, unless otherwise noted.

2. Section 4.21 is amended by revising

paragraphs (a) and (c) to read as follows:

§ 4.21 General provisions.

(a) Effect of decision pending appeal.

Except as otherwise provided by law or

regulation:

(1) A decision will not be effective

during the time in which a party

adversely affected may file a notice of

appeal, and the timely filing of a notice

of appeal will suspend the effect of the

decision appealed from pending a

decision on the appeal. However, any

party or agency official may request, in

writing, that the Director or an Appeals

Board place the decision, or any part of

it, into effect immediately when the

public interest requires.

(2) An appellant may petition for a

stay of a decision which is in effect

under a regulation in this title or Title

30. The stay request may be filed during

the time in which a notice of appeal

may be filed. The stay request must be

filed with the Director or an Appeals

Board in accordance with the standards

in paragraph (b)(1) and (b)(2) of this

section.

* * * * *

(c) Exhaustion of administrative

remedies No decision that at the time of

its issuance is subject to appeal to the

Director or an Appeals Board will be

considered final so as to be agency

action subject to judicial review under

5 U.S.C. 704, unless it has been made

effective pending a decision on appeal

under paragraph (a)(1) of this section or

other applicable regulations.

Dated: August 19, 1997.

Robert J. Lamb,

Acting Assistant Secretary—Policy,

Management and Budget.

[FR Doc. 97–22891 Filed 8–27–97; 8:45 am]

BILLING CODE 4310–RK–M

FEDERAL EMERGENCY

MANAGEMENT AGENCY

44 CFR Part 67

[Docket No. FEMA–7226]

Proposed Flood Elevation

Determinations

AGENCY: Federal Emergency

Management Agency (FEMA).

ACTION: Proposed rule.

SUMMARY: Technical information or

comments are requested on the

proposed base (1% annual chance) flood

elevations and proposed base flood

elevation modifications for the

communities listed below. The base

flood elevations and modified base

flood elevations are the basis for the

floodplain management measures that

the community is required either to

adopt or to show evidence of being

already in effect in order to qualify or

remain qualified for participation in the

National Flood Insurance Program

(NFIP).

DATES: The comment period is ninety

(90) days following the second

publication of this proposed rule in a

newspaper of local circulation in each

community.

ADDRESSES: The proposed base flood

elevations for each community are

available for inspection at the office of

the Chief Executive Officer of each

community. The respective addresses

are listed in the following table.

FOR FURTHER INFORMATION CONTACT:

Frederick H. Sharrocks, Jr., Chief,

Hazard Identification Branch, Mitigation

Directorate, 500 C Street SW.,

Washington, DC 20472, (202) 646–2796.

SUPPLEMENTARY INFORMATION: The

Federal Emergency Management Agency

proposes to make determinations of base

flood elevations and modified base

flood elevations for each community

listed below, in accordance with Section

110 of the Flood Disaster Protection Act

of 1973, 42 U.S.C. 4104, and 44 CFR

67.4(a).

These proposed base flood and

modified base flood elevations, together

with the floodplain management criteria

required by 44 CFR 60.3, are the

minimum that are required. They

should not be construed to mean that

the community must change any

existing ordinances that are more

stringent in their floodplain

management requirements. The

community may at any time enact

stricter requirements of its own, or

pursuant to policies established by other

Federal, State, or regional entities.

These proposed elevations are used to

meet the floodplain management

requirements of the NFIP and are also

used to calculate the appropriate flood

insurance premium rates for new

buildings built after these elevations are

made final, and for the contents in these

buildings.

National Environmental Policy Act

This proposed rule is categorically

excluded from the requirements of 44

CFR Part 10, Environmental

Consideration. No environmental

impact assessment has been prepared.

Regulatory Flexibility Act

The Associate Director for Mitigation

certifies that this proposed rule is

exempt from the requirements of the

Regulatory Flexibility Act because

proposed or modified base flood

elevations are required by the Flood

Disaster Protection Act of 1973, 42

U.S.C. 4104, and are required to

establish and maintain community

eligibility in the NFIP. No regulatory

flexibility analysis has been prepared.

Regulatory Classification

This proposed rule is not a significant

regulatory action under the criteria of

Section 3(f) of Executive Order 12866 of

September 30, 1993, Regulatory

Planning and Review, 58 FR 51735.

Executive Order 12612, Federalism

This proposed rule involves no

policies that have federalism

implications under Executive Order

12612, Federalism, dated October 26,

1987.

Executive Order 12778, Civil Justice

Reform

This proposed rule meets the

applicable standards of Section 2(b)(2)

of Executive Order 12778.

List of Subjects in 44 CFR Part 67

Administrative practice and

procedure, Flood insurance, Reporting

and recordkeeping requirements.

Accordingly, 44 CFR part 67 is

proposed to be amended as follows:

PART 67—[AMENDED]

1. The authority citation for part 67

continues to read as follows:

Authority: 42 U.S.C. 4001 et seq.;

Reorganization Plan No. 3 of 1978, 3 CFR,

1978 Comp., p. 329; E.O. 12127, 44 FR 19367,

3 CFR, 1979 Comp., p. 376.

§ 67.4 [Amended]

2. The tables published under the

authority of § 67.4 are proposed to be

amended as follows: