52946 Federal Register / Vol. 62, No. 197 / Friday, October 10, 1997 / Rules and Regulations

October 27, 1997, and $3.45 an hour

effective October 27, 1998.

(2) The publishing industry is that

industry which is engaged in the

publishing of newspapers, magazines, or

similar publications other than the

publishing of a weekly, semiweekly or

daily newspaper with a circulation of

less than 4,000, the major part of which

circulation is within the county or

counties contiguous thereto. 3. Section 697.3 is revised to read as

follows:

§ 697.3 Effective dates.

The wage rates specified in § 697.1

shall be effective on October 27, 1997

except as otherwise specified.

[FR Doc. 97–26830 Filed 10–9–97; 8:45 am]

BILLING CODE 4510–27–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD08–97–040]

Drawbridge Operation Regulation; Gulf

Intracoastal Waterway, Algiers

Alternate Route, 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 Belle

Chasse vertical lift span drawbridge on

State Route 23 across the Gulf

Intracoastal Waterway, Algiers Alternate

Route at mile 3.8 at Belle Chasse,

Louisiana. This deviation allows the

bridge to remain closed to navigation

between the hours of 4 p.m. and 6:45

p.m. on Saturday, October 25, 1997 and

between the hours of 4 p.m. and 7 p.m.

on Sunday, October 26, 1997. This

closure is necessary to facilitate

movement of vehicular traffic for the

New Orleans Open House 1997 Air

Show, to be held at the U.S. Naval Air

Station at Belle Chasse, Louisiana.

DATES: The deviation is effective from 4

p.m. on October 25, 1997 until 7 p.m.

on October 26, 1997.

SUPPLEMENTARY INFORMATION: The Belle

Chasse bridge has a vertical clearance of

40 feet above mean high water in the

closed-to-navigation position and 100

feet in the open-to-navigation position. Navigation on the waterway consists

primarily of tugs with tows, commercial

fishing vessels, sailboats and other

recreational craft. Between 150,000 and

200,000 members of the public are

expected to attend the New Orleans

Open House Air Show on each day. The

Louisiana Department of Transportation

and Development has requested a

temporary deviation from the normal

operation of the bridge so that the

extremely heavy volume of vehicular

traffic that will be departing the Naval

Air Station following the event can be

expeditiously dispersed.

This deviation requires that the draw

of the Belle Chasse bridge remain closed

to navigation between the hours of 4

p.m. and 6:45 p.m. on Saturday, October

25, 1997 and between the hours of 4

p.m. and 7 p.m. on Sunday, October 26,

1997. Presently, the draw is required to

open on signal during weekends.

Dated: September 18, 1997.

T.W. Josiah,

Rear Admiral, U.S. Coast Guard Commander,

Eighth Coast Guard District.

[FR Doc. 97–26917 Filed 10–9–97; 8:45 am]

BILLING CODE 4910–14–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[CA 198–0056; FRL–5907–2]

California State Implementation Plan

Revision; Interim Final Determination

That State Has Corrected Deficiencies

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Interim final determination.

SUMMARY: Elsewhere in today’s Federal

Register, EPA has published a notice of

proposed rulemaking fully approving

revisions to the California State

Implementation Plan (SIP). The

revisions concern a rule from the San

Diego County Air Pollution Control

District (SDCAPCD): Rule 67.10, Kelp

Processing and Bio-Polymer

Manufacturing Operations. Based on the

proposed full approval, EPA is making

an interim final determination by this

action that the State has corrected the

deficiencies for which sanctions clocks

began on April 15, 1996. This action

will defer the imposition of the offsets

sanction and defer the imposition of the

highway sanction. Although the interim

final action is effective upon

publication, EPA will take comment. If

no comments are received on EPA’s

proposed approval of the State’s

submittal, EPA will finalize its

determination that the State has

corrected the deficiencies that started

the sanctions clocks by publishing a

notice of final rulemaking in the Federal

Register. If comments are received on

EPA’s proposed approval and this

interim final action, EPA will publish a

final rule taking into consideration any

comments received.

DATES: Effective: October 10, 1997.

Comments must be received by

November 10, 1997.

ADDRESSES: Comments should be sent to

Andrew Steckel, Rulemaking Office

(AIR–4), Air Division, U.S.

Environmental Protection Agency,

Region IX, 75 Hawthorne Street, San

Francisco, 94105–3901.

The state submittal and EPA’s

analysis for that submittal, which are

the basis for this action, are available for

public review at the above address and

at the following locations:

San Diego County Air Pollution Control

District, 9150 Chesapeake Drive, San

Diego, CA 92123–1096

California Air Resources Board,

Stationary Source Division, Rule

Evaluation Section, 2020 ‘‘L’’ Street,

Sacramento, CA 95814.

FOR FURTHER INFORMATION CONTACT:

Patricia A. Bowlin, Rulemaking Office

(AIR–4), Air Division, U.S.

Environmental Protection Agency,

Region IX, 75 Hawthorne Street, San

Francisco, CA 94105–3901, (415) 744–

1188.

SUPPLEMENTARY INFORMATION:

I. Background

On July 13, 1994, the State submitted

SDCAPCD Rule 67.10, Kelp Processing

and Bio-Polymer Manufacturing

Operations. EPA published a limited

approval/limited disapproval for this

rule in the Federal Register on February

14, 1996. 61 FR 5701. EPA’s disapproval

action started an 18-month clock for the

imposition of one sanction (followed by

a second sanction 6 months later) under

section 179 of the Clean Air Act (Act)

and a 24-month clock for promulgation

of a Federal Implementation Plan (FIP)

under section 110(c) of the Act. The

State subsequently submitted a revised

rule on August 1, 1997. The revised rule

was adopted by SDCAPCD on June 25,

1997. In the Proposed Rules section of

today’s Federal Register, EPA has

proposed full approval of the State of

California’s submittal of SDCAPCD’s

Rule 67.10, Kelp Processing and BioPolymer Manufacturing Operations.

Based on the proposed approval set

forth in today’s Federal Register, EPA

believes that it is more likely than not

that the State has corrected the original

disapproval deficiencies. Therefore,

EPA is taking this interim final

rulemaking action, effective on

publication, finding that the State has

corrected the deficiencies. However,

EPA is also providing the public with an
Federal Register / Vol. 62, No. 197 / Friday, October 10, 1997 / Rules and Regulations 52947

1As previously noted, however, by this action

EPA is providing the public with a chance to

comment on EPA’s determination after the effective

date, and EPA will consider any comments received

in determining whether to reverse such action.

opportunity to comment on this final

action. If, based on any comments on

this action and any comments on EPA’s

proposed full approval of the State’s

submittal, EPA determines that the

State’s submittal is not fully approvable

and this final action was inappropriate,

EPA will either propose or take final

action finding that the State has not

corrected the original disapproval

deficiencies. As appropriate, EPA will

also issue an interim final determination

or a final determination that the

deficiencies have not been corrected.

Until EPA takes such action, the

application of sanctions will continue to

be deferred and/or stayed.

This action does not stop the

sanctions clocks that started for this area

on April 15, 1996. However, this action

will defer the imposition of the offsets

sanction and will defer the imposition

of the highway sanction. See 59 FR

39832 (August 4, 1994). If EPA

publishes a notice of final rulemaking

fully approving the State’s submittal,

such action will permanently stop the

sanctions clock and will permanently

lift any imposed, stayed, or deferred

sanctions. If EPA must withdraw the

proposed full approval based on adverse

comments and EPA susequently

determines that the State, in fact, did

not correct the disapproval deficiencies,

the sanctions consequences described in

the sanctions rule will apply. See 59 FR

39832, codified at 40 CFR 52.31.

II. EPA Action

EPA is taking interim final action

finding that the State has corrected the

disapproval deficiencies that started the

sanctions clocks. Based on this action,

imposition of the offsets sanction will

be deferred and imposition of the

highway sanction will be deferred until

EPA’s final action fully approving the

State’s submittal becomes effective or

until EPA proposes or takes final action

disapproving in whole or part the State

submittal. If EPA’s proposed rulemaking

action fully approving the State

submittal becomes final, at that time any

sanctions clocks will be permanently

stopped and any imposed, stayed, or

deferred sanctions will be permanently

lifted.

Because EPA has preliminarily

determined that the State has corrected

the deficiencies identified in EPA’s

limited disapproval action, relief from

sanctions should be provided as quickly

as possible. Therefore, EPA is invoking

the good cause exception under the

Administrative Procedure Act (APA) in

not providing an opportunity for

comment before this action takes effect.1

5 U.S.C. 553(b)(3). EPA believes that

notice-and-comment rulemaking before

the effective date of this action is

impracticable and contrary to the public

interest. EPA has reviewed the State’s

submittal and, through its proposed

action, is indicating that it is more likely

than not that the State has corrected the

deficiencies that started the sanctions

clocks. Therefore, it is not in the public

interest to initially impose sanctions or

to keep applied sanctions in place when

the State has most likely done all it can

to correct the deficiencies that triggered

the sanctions clocks. Moreover, it would

be impracticable to go through noticeand-comment rulemaking on a finding

that the State has corrected the

deficiencies prior to the rulemaking

approving the State’s submittal.

Therefore, EPA believes that it is

necessary to use the interim final

rulemaking process to temporarily stay

or defer sanctions while EPA completes

its rulemaking process on the

approvability of the State’s submittal.

Moreover, with respect to the effective

date of this action, EPA is invoking the

good cause exception to the 30-day

notice requirement of the APA because

the purpose of this document is to

relieve a restriction. See 5 U.S.C.

553(d)(1).

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

economic 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.

This action temporarily relieves

sources of an additional burden

potentially placed on them by the

sanctions provisions of the Act.

Therefore, I certify that it does not have

an impact on any small entities.

C. Unfunded Mandates

Under sections 202, 203, and 205 of

the Unfunded Mandates Reform Act of

1995 (‘‘Unfunded Mandates Act’’),

signed into law on March 22, 1995, EPA

must undertake various actions in

association with proposed or final rules

that include a Federal mandate that may

result in estimated costs of $100 million

or more to the private sector or to State,

local, or tribal governments in the

aggregate.

Through submission of this State

implementation plan or plan revision,

the State and any affected local or tribal

governments have elected to adopt the

program provided for under Part D of

the Clean Air Act. This rule may bind

State, local, and tribal governments to

perform certain actions and also require

the private sector to perform certain

duties. The rule being proposed for

approval by this action will impose no

new requirements because affected

sources are already subject to these

regulations under State law. Therefore,

no additional costs to State, local, or

tribal governments or to the private

sector result from this action. EPA has

also determined that this action does

not include a mandate that may result

in estimated costs of $100 million or

more to State, local, or tribal

governments in the aggregate or to the

private sector.

D. Submission to Congress and the

General Accounting Office

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

Administrative Procedure Act (APA) as

amended 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) of the APA as amended.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Hydrocarbons,

Intergovernmental regulations, Ozone,

Reporting and recordkeeping

requirements, Volatile organic

compounds.

Authority: 42 U.S.C. 7401–7671q.

Dated: October 1, 1997.

Harry Seraydarian,

Acting Regional Administrator.

[FR Doc. 97–26855 Filed 10–9–97; 8:45 am]

BILLING CODE 6560–50–P