50512 Federal Register / Vol. 62, No. 187 / Friday, September 26, 1997 / Rules and Regulations

and benefits under section 6(a)(3) of that

order. It has been exempted from review

by the Office of Management and

Budget under that order. It is not

significant under the regulatory policies

and procedures of the Department of

Transportation (DOT) (44 FR 11040;

February 26, 1979). The Coast Guard

expects the economic impact of this rule

to be so minimal that a full Regulatory

Evaluation under paragraph 10e of the

regulatory policies and procedures of

DOT is unnecessary as there are

numerous available moorings on the

Miami River and Tamiami Canal.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guard

must consider whether this action will

have a significant economic impact on

a substantial number of small entities.

‘‘Small entities’’ include small

businesses, not-for-profit organizations

that are independently owned and

operated and are not dominant in their

field, and governmental jurisdictions

with populations of less than 50,000.

Therefore, the Coast Guard certifies

under section 605(b) that this rule will

not have a significant economic impact

on a substantial number of small

entities, as there are multiple mooring

facilities available on the Miami River

and the Tamiami Canal.

Collection of Information

These regulations contain no

collection of information requirements

under the Paperwork Reduction Act (44

U.S.C. 3501 et seq.).

Federalism

This action has been analyzed in

accordance with the principles and

criteria contained in Executive Order

12612 and it has been determined that

the rulemaking does not have sufficient

Federalism implication to warrant the

preparation of a Federalism Assessment.

Environmental Analysis

The Coast Guard has considered the

environmental impact of this action and

has determined pursuant to section

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

Instruction M16475.1B (as revised by 59

FR 38654, July 29, 1994), that this action

is categorically excluded from further

environmental documentation. A

Categorical Exclusion Determination

and Environmental Analysis Checklist

have been prepared and are available in

the docket for inspection and copying.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(waters), Reporting and recordkeeping

requirements, Security measures,

Waterways.

Final Regulations

In consideration of the foregoing, the

Coast Guard amends Subpart F of Part

165 of Title 33, Code of Federal

Regulations, as follows:

PART 165—[AMENDED]

1. The authority citation for Part 165

continues to read as follows:

Authority: 33 U.S.C. 1225 and 1231; 50

U.S.C. 191; 49 CFR 1.46 and 33 CFR 1.05–

1(g), 6.04–1, 6.04–6, and 160.5.

2. A new § 165.726 is added to read

as follows:

§ 165.726 Regulated Navigation Areas;

Miami River, Miami, Florida.

(a) Location. The following are

Regulated Navigation Areas:

(1) All the waters of the Miami River,

Miami, Florida, from the Brickell

Avenue Bridge, in approximate position

25°–46.19′ N, 80°–11.4′ W, inland to the

South Florida Water Management

District’s salinity dam in approximate

position 25°–48.4′ N, 80°–15.6′ W.

(2) The Tamiami Canal from its

intersection with the Miami river in

approximate position 25°47.7′ N,

80°14.7′ W to the N.W. 37th Avenue

bridge in approximate position 25°48.5′

N, 80°15.5′ W. All coordinates

referenced use datum: NAD 83.

(b) Regulations. The restrictions in

this paragraph apply to vessels

operating within the regulated

navigation areas in paragraph (a) of this

section unless authorized to deviate by

the Captain of the Port, Miami, Florida,

or a Coast Guard commissioned,

warrant, or petty officer designated by

him.

(1) All rafted vessels (inboard and

outboard) must be properly moored in

accordance with applicable municipal

laws and regulations.

(2) At no time shall any vessels be

rafted more than two abreast.

(3) Neither single nor rafted vessels

shall extend greater than 54 feet into the

main river (measured from the dock)

without permission of the Captain of the

Port.

(4) A minimum channel width of 65

feet shall be maintained at all times on

the Miami River from the Brickell

Avenue Bridge west to the Tamiami

Canal. A minimum channel width of 45

feet shall be maintained at all times on

the Miami River west of the junction of

the Miami River and the Tamiami Canal

to the South Florida Water Management

District’s salinity dam, as well as on the

Tamiami Canal from its mouth to the

N.W. 37th Avenue Bridge.

(5) All moored and rafted vessels shall

provide safe access from the shore.

(6) All moored and rafted vessels shall

provide clear and ready access for landbased firefighters to safely and quickly

reach outboard rafted vessels.

(7) No vessels shall moor or raft in

any manner as to impede safe passage

of another vessel to any of the

tributaries of the Miami River.

(8) Nothing in these regulations shall

prohibit the U.S. Army Corps of

Engineers from requiring the relocation

or movement of vessels in a declared

flood emergency.

(c) Enforcement. Violations of these

regulated navigation areas should be

reported to the Captain of the Port,

Miami. Persons in violation of these

regulations will be subject to civil

penalty under § 165.13(b) of this part.

Dated: September 18, 1997.

N.T. Saunders,

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

Seventh Coast Guard District.

[FR Doc. 97–25600 Filed 9–25–97; 8:45 am]

BILLING CODE 4910–14–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[MI12–01–7266; FRL–5898–2]

Approval and Promulgation of

Implementation Plan; Michigan

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: On June 12, 1997, the

Environmental Protection Agency (EPA)

published an action of proposed

rulemaking discussing its decision to

approve a revision to the Michigan State

Implementation Plan (SIP) to grant an

exemption for the Muskegon County

ozone nonattainment area from the

applicable Oxides of Nitrogen (NOX)

transportation conformity requirements.

See Federal Register (62 FR 32058). No

comments were received by the EPA

during the 30-day comment period. This

rule finalizes EPA’s decision to approve

the exemption for Muskegon County,

moderate ozone nonattainment area,

from the transportation conformity

requirements for NOX. The Michigan

SIP revision request is based on the

urban airshed modeling (UAM)

conducted for the attainment

demonstration for the Lake Michigan

Ozone Study (LMOS) modeling domain.

Additional information is available at

the address indicated below.
Federal Register / Vol. 62, No. 187 / Friday, September 26, 1997 / Rules and Regulations 50513

EFFECTIVE DATE: This final rule is

effective on October 27, 1997.

ADDRESSES: Copies of the documents

relevant to this action are available for

public inspection during normal

business hours at the following address:

United States Environmental Protection

Agency, Region 5, Air and Radiation

Division, 77 West Jackson Boulevard,

Chicago, Illinois 60604. (Please

telephone Victoria Hayden at (312) 886–

4023 before visiting the Region 5

Office.)

A copy of this SIP revision is

available for inspection at the following

location: Office of Air and Radiation

(OAR) Docket and Information Center

(Air Docket 6102), room M1500, United

States Environmental Protection

Agency, 401 M Street S.W., Washington,

D.C. 20460, (202) 260–7548.

FOR FURTHER INFORMATION CONTACT:

Victoria Hayden, Regulation

Development Section (AR–18J), Air

Programs Branch, Air and Radiation

Division, United States Environmental

Protection Agency, Region 5, 77 West

Jackson Boulevard, Chicago, Illinois

60604, Telephone Number (312) 886–

4023.

SUPPLEMENTARY INFORMATION: The

specific rationale EPA used to approve

the exemption for Muskegon County

from the transportation conformity

requirements of NOX was explained in

the proposed rulemaking and will not

be restated here. This rule announces

EPA’s final action regarding approval of

the Michigan SIP revision.

I. EPA Final Rulemaking Action

In this final action EPA is approving

the transportation conformity NOX

waiver SIP revision for the State of

Michigan. In light of the modeling

completed thus far and considering the

importance of the Ozone Transport

Assessment Group (OTAG) process and

attainment plan modeling efforts, EPA

notes that it may reexamine the impact

of this NOX waiver. In the near future,

EPA intends to require appropriate

States to submit SIP measures to achieve

emissions reductions of ozone

precursors needed to prevent significant

transport of ozone. EPA will evaluate

the States’ submitted SIP measures and

available refined modeling to determine

whether the NOX waiver should remain

in place, or whether EPA must seek a

plan revision.

The EPA also reserves the right to

require NOX emission controls for

transportation sources under section

110(a)(2)(D) of the Act if future ozone

modeling demonstrates that such

controls are needed to achieve the ozone

standard in downwind areas.

II. Administrative Requirements

A. Applicability to Future SIP Decisions

Nothing in this action should be

construed as permitting, allowing or

establishing a precedent for any future

request for revision to any SIP. The EPA

shall consider each request for revision

to the SIP in light of specific technical,

economic, and environmental factors

and in relation to relevant statutory and

regulatory requirements.

B. Executive Order (E.O.) 12866

This action has been classified as a

Table 3 action for signature by the

Regional Administrator under the

procedures published in the Federal

Register on January 19, 1989 (54 FR

2214–2225), as revised by a July 10,

1995 memorandum from Mary Nichols,

Assistant Administrator for Air and

Radiation. The Office of Management

and Budget has exempted this

regulatory action from E.O. 12866

review.

C. 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

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.

SIP approvals under section 110 and

Subchapter I, Part D of the 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

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

flexibility analysis would constitute

Federal inquiry into the economic

reasonableness of state action. The Act

forbids EPA to base its actions

concerning SIPs on such grounds.

Union Electric Co. v. EPA, 427 U.S. 246,

255–66 (1976); 42 U.S.C. 7410(a)(2).

D. Unfunded Mandates Reform Act

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 of $100 million or more to State,

local, or tribal governments in the

aggregate; or to the private sector, of

$100 million or more. Under section

205, the 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 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.

E. 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

the Federal Register. This rule is not a

‘‘major rule’’ as defined by 5 U.S.C.

804(2)

F. 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 November 25, 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, Hydrocarbons,

Intergovernmental relations, Ozone,

Oxides of Nitrogen, Transportation

conformity, Transportation—air quality

planning, Volatile organic compounds.

Authority: 42 U.S.C. 7401–7671q.
50514 Federal Register / Vol. 62, No. 187 / Friday, September 26, 1997 / Rules and Regulations

Dated: September 12, 1997.

Michelle D. Jordan,

Acting Regional Administrator.

Part 52, 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 X—Michigan

§ 52.1174 [Amended]

2. Section 52.1174 is amended by

adding paragraph (p) to read as follows:

* * * * *

(p) Approval—On November 22, 1995

the Michigan Department of Natural

Resources submitted a petition for

exemption from transportation

conformity requirements for the

Muskegon ozone nonattainment area.

This approval exempts the Muskegon

ozone nonattainment area from

transportation conformity requirements

under section 182(b)(1) of the Clean Air

Act. If a violation of the ozone standard

occurs in the Muskegon County ozone

nonattainment area, the exemption shall

no longer apply.

[FR Doc. 97–25501 Filed 9–25–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[NM–31–1–7310a; FRL–5893–6]

Approval and Promulgation of Air

Quality Implementation Plans, New

Mexico; Recodification of, and

Revisions to, the Air Quality Control

Regulations

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: In this action, the EPA is

approving the recodification of, and

revisions to, the New Mexico State

Implementation Plan (SIP). The existing

Air Quality Control Regulations

(AQCRs) have been renumbered and

reformatted into the New Mexico

Administrative Code (NMAC) as

required by the New Mexico State

Records Center. In addition to having

renumbered and reformatted the

regulations, standard administrative

changes have been made throughout all

AQCRs, and revisions made to seven

particular AQCRs. The intended effects

of these revisions are to delete obsolete,

nonessential, redundant, and

technically inadequate regulations;

make certain rules and definitions more

explicit and; make one particular

regulation more closely reflect current

New Mexico Environment Department

(NMED) policy.

DATES: This action is effective on

November 25, 1997, unless adverse or

critical comments are received by

October 27, 1997. If the effective date is

delayed, a timely notice will be

published in the Federal Register.

ADDRESSES: Written comments on this

action should be addressed to Mr.

Thomas Diggs, Chief, Air Planning

Section (6PD–L), at the EPA Region 6

Office listed below.

Copies of the documents relevant to

this action are available for public

inspection during normal business

hours at the following locations.

Anyone wanting to examine these

documents should make an

appointment with the appropriate office

at least two working days in advance.

Environmental Protection Agency,

Region 6, Air Planning Section (6PD–

L), Multimedia Planning and

Permitting Division, 1445 Ross

Avenue, Suite 700, Dallas, Texas

75202–2733.

New Mexico Environment Department,

Air Quality Bureau, 1190 St. Francis

Drive, room So. 2100, Santa Fe, New

Mexico 87503.

Documents which are incorporated by

reference are available for public

inspection at the Air and Radiation

Docket and Information Center,

Environmental Protection Agency, 401

M Street, SW., Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT:

Eaton R. Weiler, of the EPA Region 6 Air

Planning Section at the above address,

telephone (214) 665–2174.

SUPPLEMENTARY INFORMATION:

I. Background

On January 8, 1996, the Governor of

New Mexico formally submitted a

recodification of, and revision to, the

State Implementation Plan. On July 18,

1996, the Governor formally submitted

a revision to the recodified regulation 20

NMAC 2.72. The January submittal

recodification and revisions were

adopted by the New Mexico

Environmental Improvement Board

(NMEIB) at hearings in July, September,

October and December 1995. The

August submittal revision to 20 NMAC

2.72 was adopted by the NMEIB at a

hearing on June 14, 1996. The

recodification was prompted by the

New Mexico State Records Center

requirement that all AQCRs be

recodified into the new numbering

system and format of the NMAC. As

well as renumbering and reformatting

regulations, standard administrative

changes have been made throughout all

AQCRs, and revisions made to seven

particular AQCRs. The intended effects

of these revisions are to comply with the

requirements of the New Mexico State

Records Center as well as to: delete

obsolete, non-essential, redundant, and

technically inadequate regulations;

make certain rules and definitions more

explicit and; make one particular

regulation more closely reflect current

NMED policy.

The revisions fall into three groups as

outlined below. The first group consists

of renumbering and format revisions

consistent with the NMAC

requirements. The second group

consists of standard administrative

wording changes that have been made

throughout all regulations in which they

appear. The third group consists of

other minor revisions, each of which are

discussed separately below.

II. NMAC Format Revisions

The NMAC system is divided into

Titles, Chapters, Parts and Sections.

Title 20, Environmental Protection,

includes all rules and regulations

providing for the protection of the

environment. Chapter Two of Title 20,

Air Quality, contains the revised and

recodified AQCRs of the NMED. Chapter

Two is divided into Parts, which are

further divided into Sections. The

resulting NMAC for air quality is of the

format: 20 NMAC 2.xxx.yyy, where xxx

is the Part number and yyy is the

Section number.

The following administrative sections

have been added to each Part as

required by the State Records Center:

100 ISSUING AGENCY

101 SCOPE

102 STATUTORY AUTHORITY

103 DURATION

104 EFFECTIVE DATE

105 OBJECTIVE

106 AMENDMENTS AND SUPERSESSION

OF PRIOR REGULATIONS

107 DEFINITIONS

Section 108, DOCUMENTS, has been

added to all Parts citing documents

other than the NMAC, such as 40 Code

of Federal Regulations (CFR). Also,

RESERVED has been added to all

nonexistent sections between subparts.

III. Standard Administrative Revisions

In addition, the following

administrative changes have been made

to all rules and regulations in which

they appear:

1. ‘‘division’’ to ‘‘Division’’

2. ‘‘director’’ to ‘‘Secretary’’