62736 Federal Register / Vol. 62, No. 227 / Tuesday, November 25, 1997 / Proposed Rules

32°43′03.5′′ N., longitude 117°13′07.6′′

W.

(e) Area A–2. In North San Diego Bay,

the America’s Cup Harbor Anchorage,

the water area enclosed by a line

beginning at latitude 32°43′13.7′′ N.,

longitude 117°13′23.8′′ W.; thence

northeast to latitude 32°43′16.7′′ N.,

longitude 117°13′16.4′′ W.; thence

northwest to latitude 32°43′22.6′′ N.,

longitude 117°13′25.8′′ W.; thence west

to latitude 32°43′22.5′′ N., longitude

117°13′29.6′′ W.; thence southwest to

latitude 32°43′19.0′′ N., longitude

117°13′32.6′′ W.; thence southeast to the

point of beginning.

(f) Area A–3. In the North San Diego

Bay, the Laurel Street Roadstead

Anchorage, the water area enclosed by

a line beginning at latitude 32°43′30.5′′

N., longitude 117°10′28.5′′ W.; and

thence southwesterly to latitude

32°43′29.8′′ N., longitude 117°10′34.2′′

W.; and thence southwesterly to latitude

32°43′25.8′′ N., longitude 117°10′36.1′′

W.; and thence southerly to latitude

32°43′20.2′′ N., longitude 117°10′36.1′′

W.; thence westerly to latitude

32°43′20.2′′ N., longitude 117°10′52.9′′

W.; thence northeasterly to 32°43′29.8′′

N., longitude 117°10′48.0′′ W., thence

northeasterly following a line parallel

to, and 200 feet bayward of, the

shoreline of San Diego Bay adjoining

Harbor Drive to the point of beginning.

(g) Area A–4. In Central San Diego

Bay, the Bay Bridge Roadstead

Anchorage, the water enclosed by a line

beginning at latitude 32°41′32.1′′ N.,

longitude 117°09′43.1′′ W.; thence

southwesterly to latitude 32°41′19.1′′ N.,

longitude 117°09′46.1′′ W.; thence

southeasterly to latitude 32°41′17.8′′ N.,

longitude 117°09′44.3′′ W.; thence

southeasterly to latitude 32°41′14.9′′ N.,

longitude 117°09′37.9′′ W.; thence

northeasterly to latitude 32°41′26.9′′ N.,

longitude 117°09′35.1′′ W., thence

southwesterly to the point of beginning.

(h) Area A–5. In Central San Diego

Bay, the Glorietta Bay Anchorage, the

water area enclosed by a line beginning

at latitude 32°40′42.2′′ N., longitude

117°10′03.1′′ W.; thence southwesterly

to latitude 32°40′41.2′′ N., longitude

117°10′06.6′′ W.; thence northwesterly

to latitude 32°40′46.2′′ N., longitude

117°10′15.6′′ W.; thence northeasterly to

latitude 32°40′46.7′′ N., longitude

117°10′14.1′′ W.; thence southeasterly to

the point of beginning.

(i) Area A–6. In Fiddler’s Cove, the

water enclosed by a line beginning at

latitude 32°39′10.4′′ N., longitude

117°08′49.4′′ W.; thence northwesterly

to latitude 32°39′14.9′′ N., longitude

117°08′51.8′′ W.; thence northeasterly to

latitude 32°39′17.6′′ N., longitude

117°08′47.5′′ W.; thence northwesterly

to latitude 32°39′19.8′′ N., longitude

117°08′48.8′′ W.; thence northeasterly to

latitude 32°39′24.4′′ N., longitude

117°08′41.4′′ W., thence southeasterly to

latitude 32°39′15.7′′ N., longitude

117°08′36.0′′ W.; thence southwesterly

to the point of beginning.

Note: This area is located on Federal

Property owned by the United States, and it

is reserved for active duty military, their

dependents, retirees, and DOD employees

only.

(j) Area A–8. In South San Diego Bay,

the Sweetwater Anchorage, the water

enclosed by a line beginning at latitude

32°39′12.2′′ N longitude 117107′45.1′′

W.; thence easterly to latitude

32°39′12.2′′ N., longitude 117°07′30.1′′

W.; thence southerly to latitude

32°38′45.2′′ N., longitude 117°07′30.1′′

W.; thence westerly to latitude

32°38′45.2′′ N., longitude 117°07′45.1′′

W.; thence northerly to the point of

beginning.

(k) Area A–9. In North San Diego Bay,

the Cruiser Anchorage, the water

enclosed by a line beginning at latitude

32°43.35.9′′ N., longitude 117°11′06.2′′

W.; thence southwesterly to latitude

32°43′31.5′′ N., longitude 117°11′13.2′′

W.; thence southeasterly to latitude

32°43′28.9′′ N., longitude 117°11′11.0′′

W.; thence southeasterly to latitude

32°43′25.9′′ N., longitude 117°11′07.7′′

W.; thence northeasterly to latitude

32°43′34.8′′ N., longitude 117°11′03.2′′

W.; thence northwesterly to the point of

beginning. All coordinates referred use

Datum: NAD 83.

Note: Mariners anchoring in these

anchorages, excluding Anchorage A–6,

should consult applicable local ordinances of

the San Diego Unified Port District.

Temporary floats or buoys for marking

anchors are allowed. Fixed moorings, piles or

stakes are prohibited. All moorings shall be

so that no vessel, when anchored, shall at

any time extend beyond the limits of the

area.

Dated: October 6, 1997.

J.C. Card,

Vice Admiral, U.S. Coast Guard Commander,

Eleventh Coast Guard District.

[FR Doc. 97–30898 Filed 11–24–97; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF DEFENSE

DEPARTMENT OF TRANSPORTATION

Coast Guard

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 21

RIN 2900–AH88

Election of Education Benefits

AGENCIES: Department of Defense,

Department of Transportation (Coast

Guard), and Department of Veterans

Affairs.

ACTION: Proposed rule.

SUMMARY: This document proposes to

amend the Department of Veterans

Affairs (VA) educational assistance and

educational benefits regulations relating

to certain elections between benefits.

VA has provided by regulation that after

a veteran seeks to make an election to

have service in the Selected Reserve

credited toward payment under the

Montgomery GI Bill—Selected Reserve

(MGIB–SR) program or under the

Montgomery GI Bill—Active Duty

(MGIB–AD) program, the election will

take effect when the individual has

negotiated a check issued under the

program she or he has elected. In order

to adapt the current rules to the new

system of electronic transfers, it is

proposed to change these election

provisions to make the election effective

either upon negotiation of a check or

electronic receipt of education benefits.

VA has provided by regulation that an

election to receive benefits under

Survivors’ and Dependents’ Educational

Assistance (DEA) for a program of

education rather than pension,

compensation, or Dependency and

Indemnity Compensation (DIC) will take

effect when the individual has

commenced a program of education and

negotiated a check issued under the

program she or he has elected. In order

to adapt the current rule to the new

system of electronic transfers and to

ensure that decisions are made with

knowledge, it is proposed to change

these election provisions to require a

written election to be submitted and to

make the election effective either upon

negotiation of a check or electronic

receipt of education benefits.

Nonsubstantive changes would also be

made for purposes of clarity and to

reflect current statutory codification and

authority. The proposed requirements

for individuals to make elections before

receiving certain benefit payments

constitute collections of information.
Federal Register / Vol. 62, No. 227 / Tuesday, November 25, 1997 / Proposed Rules 62737

Accordingly, this document also

requests comments under the

Paperwork Reduction Act on those

proposed collections of information.

DATES: Comments must be received on

or before January 26, 1998.

ADDRESSES: Mail or hand deliver written

comments to: Director, Office of

Regulations Management (02D),

Department of Veterans Affairs, 810

Vermont Ave., NW., Washington, DC

20420. Comments should indicate that

they are submitted in response to ‘‘RIN

2900–AH88.’’ All written comments

received will be available for public

inspection in the Office of Regulations

Management, Room 1158, between the

hours of 8:00 a.m. and 4:30 p.m.,

Monday through Friday (except

holidays).

FOR FURTHER INFORMATION CONTACT: June

C. Schaeffer, Assistant Director for

Policy and Program Administration,

Education Service (225), Veterans

Benefits Administration, Department of

Veterans Affairs, (202) 273–7187.

SUPPLEMENTARY INFORMATION: VA

administers a number of benefit

programs. A veteran or other eligible

person may be potentially eligible for

benefits under more than one of them.

Often the law governing eligibility

requires that the individual elect the

program under which she or he is to

receive benefits. This document

proposes to amend the VA educational

assistance and educational benefits

regulations relating to certain elections

between benefits.

VA is given broad statutory authority

to prescribe the manner of elections

when a veteran must elect whether time

served in the Selected Reserve is to be

applied toward establishing eligibility

for the MGIB–SR program or toward

establishing entitlement to a greater

monthly rate of educational assistance

under the MGIB–AD program. VA has

provided by regulation in 38 CFR

21.7042 and 21.7540 that after a veteran

seeks to make an election to have

service in the Selected Reserve credited

toward payment under the MGIB–SR

program or under the MGIB–AD

program, the election will take effect

when the individual has negotiated a

check issued under the program she or

he has elected. In order to adapt the

current rules to the new system of

electronic transfers, it is proposed to

change these election provisions to

make the election effective either upon

negotiation of a check or electronic

receipt of education benefits.

This document also proposes to

amend § 21.3023, which concerns an

election to receive DEA for a program of

education rather than pension,

compensation, or DIC. That section

currently provides that the

commencement of a program of

education constitutes an election and,

with limited exceptions, that the

election is final when the payee has

negotiated one check for the benefit.

This section was issued pursuant to 38

U.S.C. 3562, which provides that if a

child of a veteran is eligible for both

DEA and DIC, commencement of a

program of education under DEA would

bar the child from receiving pension,

compensation, or DIC in the future as a

child. For the purposes of determining

when there is commencement of a

program of education under DEA, it is

proposed that the ‘‘commencement of a

program’’ will be deemed to have

occurred at the time of negotiation of

the first DEA benefit payment check or

upon receipt of the first electronic

transfer of a DEA benefit payment. It

also is proposed that such an election

occur only after a written election to

receive DEA has been submitted to VA.

These proposed provisions are designed

to ensure that elections are made with

knowledge and become effective at the

time of commencement of a program of

education under DEA.

These changes are necessary because

the Debt Collection Improvement Act of

1996 (sec. 31001, Pub. L. 104–134)

requires that the Federal government

make payments through electronic

funds transfer. The proposed provisions

are intended to adapt the current rules

to include the new system of electronic

transfer.

This document also proposes to make

nonsubstantive amendments for

purposes of clarification and to reflect

current statutory authority. In addition,

this document also seeks approval, as

explained below, for certain collections

of information in §§ 21.3023, 21.7042,

and 21.7540.

The Department of Defense (DOD), the

Department of Transportation (Coast

Guard), and VA are jointly issuing this

proposal insofar as it relates to the

MGIB–SR program. This program is

funded by DOD and the Coast Guard,

and is administered by VA. The

remainder of this proposal is issued

solely by VA.

Paperwork Reduction Act of 1995

Under the Paperwork Reduction Act

of 1995 (44 U.S.C. 3501–3520), the

provisions of the proposed §§ 21.3023,

21.7042, and 21.7540 include

collections of information. Accordingly,

as required by the Act at § 3507(d), VA

has submitted a copy of this rulemaking

action to the Office of Management and

Budget (OMB) for its review of the

proposed collections of information.

OMB assigns a control number for

each collection of information it

approves. VA may not conduct or

sponsor, and a person is not required to

respond to, a collection of information

unless it displays a currently valid OMB

control number.

Comments on the proposed

collections of information should be

submitted to the Office of Management

and Budget, Attention: Desk Officer for

the Department of Veterans Affairs,

Office of Information and Regulatory

Affairs, Washington, DC 20503, with

copies to the Director, Office of

Regulations Management (02D),

Department of Veterans Affairs, 810

Vermont Ave., NW., Washington, DC

20420. Comments should indicate that

they are submitted in response to ‘‘RIN

2900–AH88.’’

Title: Election to Receive Dependents’

Educational Assistance Instead of

Dependency and Indemnity

Compensation.

Summary of collection of information:

The collection of information in the

proposed amendment to § 21.3023 in

this rulemaking proceeding would

implement a statutory provision that

prevents an individual with potential

eligibility for DEA and compensation,

pension, or DIC from receiving more

than one benefit for pursuing a program

of education. The proposed rule would

require such an individual to make an

election if she or he wished to receive

DEA.

Description of need for information

and proposed use of information: An

eligible child may not receive

educational assistance under DEA and

payments under DIC for the same school

attendance. In order for VA to know

when the child wishes to receive DEA,

it is necessary for the child to state his

or her desire for educational assistance

under DEA.

Description of likely respondents:

Individuals with potential eligibility for

DEA.

Estimated number of respondents:

2,900 annually.

Estimated frequency of responses:

Once per eligible claimant.

Estimated total annual reporting and

recordkeeping burden: 580 hours of

reporting burden. VA does not believe

that there would be an additional

recordkeeping burden.

Estimated average burden per

collection: .2 hour.

Title: Election to Apply Selected

Reserve Service to Either the

Montgomery GI Bill—Active Duty or to

the Montgomery GI Bill—Selected

Reserve.

Summary of collection of information:

The collection of information in the
62738 Federal Register / Vol. 62, No. 227 / Tuesday, November 25, 1997 / Proposed Rules

proposed amendments to §§ 21.7042

and 21.7540 in this rulemaking

proceeding would implement a

statutory provision that prevents an

individual with potential eligibility for

educational assistance under both the

Montgomery GI Bill—Active Duty or the

Montgomery Bill—Selected Reserve

from using the same Selected Reserve

service to establish eligibility for

assistance under the Montgomery GI

Bill—Selected Reserve, and to establish

entitlement to educational assistance at

an increased monthly rate under the

Montgomery GI Bill—Active Duty.

Description of need for information

and proposed use of information: An

individual who participates in the

Montgomery GI Bill—Active Duty and

who serves on active duty for two years

followed by six years in the Selected

Reserve must choose whether to apply

the Selected Reserve service toward the

Montgomery GI Bill—Active Duty or to

the Montgomery GI Bill—Selected

Reserve. If she or he decides to apply it

towards the Montgomery GI Bill—

Selected Reserve, she or he would be

eligible for 36 months of educational

assistance under the Montgomery GI

Bill—Active Duty at the rate of $347.65

per month for full-time training and 12

months of educational assistance under

the Montgomery GI Bill—Selected

Reserve. If she or he chooses to apply

that service towards the Montgomery GI

Bill—Active Duty, she or he would be

eligible for 36 months of educational

assistance under the Montgomery GI

Bill—Active Duty at the rate of $427.87

per month for full-time training while

remaining ineligible for educational

assistance under the Montgomery GI

Bill—Selected Reserve. VA must know

which benefit the individual wants the

Selected Reserve service credited to in

order to determine the proper payments

to the individual.

Description of likely respondents:

Members of the Selected Reserve.

Estimated number of respondents: 35

annually.

Estimated frequency of responses:

Once per eligible claimant.

Estimated total annual reporting and

recordkeeping burden: 11.67 hours of

reporting burden. VA does not believe

that there would be an additional

recordkeeping burden.

Estimated average burden per

collection: .33 hour.

The Department considers comments

by the public on proposed collections of

information in—

• Evaluating whether the proposed

collections of information are necessary

for the proper performance of the

functions of the Department, including

whether the information will have

practical utility;

• Evaluating the accuracy of the

Department’s estimate of the burden of

the proposed collections of information,

including the validity of the

methodology and assumptions used;

• Enhancing the quality, usefulness,

and clarity of the information to be

collected; and

• Minimizing the burden of the

collections of information on those who

are to respond, including through the

use of appropriate automated,

electronic, mechanical, or other

technological collection techniques or

other forms of information technology,

e.g., permitting electronic submission of

responses.

OMB is required to make a decision

concerning the proposed collections of

information contained in this proposed

rule between 30 and 60 days after

publication of this document in the

Federal Register. Therefore, a comment

to OMB is best assured of having its full

effect if OMB receives it within 30 days

of publication. This does not affect the

deadline for the public to comment on

the proposed regulations.

Regulatory Flexibility Act

The signers of this document hereby

certify that this proposed rule, if

promulgated, would not have significant

economic impact on a substantial

number of small entities as they are

defined in the Regulatory Flexibility

Act, 5 U.S.C. 601–612. This proposed

rule would directly affect only

individuals and would not directly

affect small entities. Pursuant to 5

U.S.C. 605(b), the proposed rule,

therefore, is exempt from the initial and

final regulatory flexibility analyses

requirements of sections 603 and 604.

The Catalog of Federal Domestic

Assistance numbers for programs

affected by the proposed rule are 64.117

and 64.124. The proposed rule also

affects the Montgomery GI Bill—

Selected Reserve for which there is no

Catalog of Federal Domestic Assistance

number.

List of Subjects in 38 CFR Part 21

Administrative practice and

procedure, Armed forces, Civil rights,

Claims, Colleges and universities,

Conflict of interests, Defense

Department, Education, Employment,

Grant programs-education, Grant

Programs—veterans, Health care, Loan

programs—education, Loan Programs—

veterans, Manpower training programs,

Reporting and recordkeeping

requirements, Schools, Travel and

transportation, Veterans, Vocational

education, Vocational rehabilitation.

Approved: September 5, 1997.

Hershel W. Gober,

Acting Secretary of Veterans Affairs.

Approved: August 6, 1997.

G.R. Woolever,

Rear Admiral, U.S. Coast Guard, Assistant

Commandant for Human Resources.

Approved: August 5, 1997.

Normand G. Lezy,

Lieutenant General, USAF, Deputy Assistant

Secretary (Military Personnel Policy).

For the reasons set out in the

preamble, 38 CFR part 21, subparts C, K,

and L are proposed to be amended as

follows.

PART 21—VOCATIONAL

REHABILITATION AND EDUCATION

Subpart C—Survivors’ and

Dependents’ Educational Assistance

Under 38 U.S.C. Chapter 35

1. The authority citation for part 21,

subpart C, is revised to read as follows:

Authority: 38 U.S.C. 501(a), 512,

3500–3566, unless otherwise noted.

2. In § 21.3023, paragraph (c)(3) is

amended by removing ‘‘educational

assistance’’ and adding, in its place,

‘‘education under DEA’’; the section

heading, paragraph (c) introductory text,

and paragraph (c)(1) are revised, and an

authority citation for the section is

added, to read as follows:

§ 21.3023 Nonduplication; pension,

compensation, and dependency and

indemnity compensation.

* * * * *

(c) Child; election. An election by a

child under this section must be

submitted to VA in writing.

(1) Except as provided in paragraph

(c)(2) of this section, an election to

receive Survivors’ and Dependents’

Educational Assistance (DEA) is final

when the eligible child commences a

program of education under DEA (38

U.S.C. chapter 35). Commencement of a

program of education under DEA will be

deemed to have occurred for VA

purposes on the date the first payment

of DEA educational assistance is made,

as evidenced by negotiation of the first

check or receipt of the first payment by

electronic funds transfer.

* * * * *

(Authority: 38 U.S.C. 3562)

Subpart K—All Volunteer Force

Educational Assistance Program

(Montgomery GI Bill—Active Duty)

3. The authority citation for part 21,

subpart K, continues to read as follows:

Authority: 38 U.S.C. 501(a), chs. 30, 36,

unless otherwise noted.
Federal Register / Vol. 62, No. 227 / Tuesday, November 25, 1997 / Proposed Rules 62739

4. In § 21.7042, the section heading

and paragraphs (d)(2), and (d)(3) are

revised, and paragraph (d)(4) is added,

to read as follows:

§ 21.7042 Eligibility for basic educational

assistance.

* * * * *

(d) * * *

(2) An individual must elect, in

writing, whether he or she wishes

service in the Selected Reserve to be

credited towards establishing eligibility

under 38 U.S.C. chapter 30 or under 10

U.S.C. chapter 1606 when:

(i) The individual:

(A) Is a veteran who has established

eligibility for basic educational

assistance through meeting the

provisions of paragraph (b) of this

section; and

(B) Also is a reservist who has

established eligibility for benefits under

10 U.S.C. chapter 1606 through meeting

the requirements of § 21.7540; or

(ii) The individual is a member of the

National Guard or Air National Guard

who has established eligibility for basic

educational assistance under 38 U.S.C.

chapter 30 through activation under a

provision of law other than 32 U.S.C.

316, 502, 503, 504, or 505.

(3) An election under this paragraph

(d) to have Selected Reserve service

credited towards eligibility for payment

of educational assistance under 38

U.S.C. chapter 30 or under 10 U.S.C.

chapter 1606 is irrevocable when the

veteran either negotiates the first check

or receives the first payment by

electronic funds transfer of the

educational assistance elected.

(4) If a veteran is eligible to receive

educational assistance under both 38

U.S.C. chapter 30 and 10 U.S.C. chapter

1606, he or she may receive educational

assistance alternately or consecutively

under each of these chapters to the

extent that the educational assistance is

based on service not irrevocably

credited to one or the other chapter as

provided in paragraphs (d)(1) through

(d)(3) of this section.

(Authority: 10 U.S.C. 16132; 38 U.S.C.

3033(c))

* * * * *

Subpart L—Educational Assistance for

Members of the Selected Reserve

5. The authority citation for part 21,

subpart L, is revised to read as follows:

Authority: 10 U.S.C. 1606; 38 U.S.C. 501,

unless otherwise noted.

6. In § 21.7540, paragraph (c) and the

authority citation for paragraph (d) are

revised, to read as follows:

§ 21.7540 Eligibility for educational

assistance.

* * * * *

(c) Limitations on establishing

eligibility. (1) An individual must elect

in writing whether he or she wishes

service in the Selected Reserve to be

credited towards establishing eligibility

under 38 U.S.C. chapter 30 or under 10

U.S.C. chapter 1606 when:

(i) The individual is a reservist who

is eligible for basic educational

assistance provided under 38 U.S.C.

3012 and has established eligibility to

that assistance partially through service

in the Selected Reserve; or

(ii) The individual is a member of the

National Guard or Air National Guard

who has established eligibility for basic

educational assistance provided under

38 U.S.C. 3012 through activation under

a provision of law other than 32 U.S.C.

316, 502, 503, 504, or 505 followed by

service in the Selected Reserve.

(2) An election under this paragraph

(c) to have Selected Reserve service

credited towards eligibility for payment

of educational assistance under 38

U.S.C. chapter 30 or under 10 U.S.C.

chapter 1606 is irrevocable when the

reservist either negotiates the first check

or receives the first payment by

electronic funds transfer of the

educational assistance elected.

(3) If a reservist is eligible to receive

educational assistance under both 38

U.S.C. chapter 30 and 10 U.S.C. chapter

1606, he or she may receive educational

assistance alternately or consecutively

under each of these chapters to the

extent that the educational assistance is

based on service not irrevocably

credited to one or the other chapter as

provided in paragraphs (c)(1) and (c)(2)

of this section.

(Authority: 10 U.S.C. 16132; 38 U.S.C.

3033(c))

* * * * *

(d) * * *

(Authority: 10 U.S.C. 16132(d), 16134)

[FR Doc. 97–30872 Filed 11–24–97; 8:45 am]

BILLING CODE 8320–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 52 and 81

[TN 86–1–9802b; TN 127–1–9803b; FRL–

5922–7]

Designation of Areas for Air Quality

Planning Purposes; Tennessee:

Redesignation of the Polk County and

New Johnsonville Sulfur Dioxide

Nonattainment Area to Attainment

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA is proposing to approve

requests for redesignation of the Polk

County area and that portion of Benton

and that portion of Humphreys

Counties, Tennessee, surrounding

TVA’s Johnsonville plant (New

Johnsonville area) from nonattainment

to attainment for the sulfur dioxide

(SO2) National Ambient Air Quality

Standards (NAAQS), pursuant to the

request submitted on January 6, 1988,

July 12, 1990, December 17, 1993, and

April 17, 1995, by the State of

Tennessee, through the Tennessee

Department of Environment and

Conservation (TDEC). EPA is also

proposing to approve the maintenance

plans.

In the final rules section of this

Federal Register, the EPA is approving

the State’s State Implementation Plan

(SIP) revision as a direct final rule

without prior proposal because the EPA

views this as a noncontroversial

revision amendment and anticipates no

adverse comments. A detailed rationale

for the approval is set forth in the direct

final rule. If no adverse comments are

received in response to this proposed

rule, no further activity is contemplated

in relation to this proposed rule. If EPA

receives adverse comments, the direct

final rule will be withdrawn and all

public comments received will be

addressed in a subsequent final rule

based on this proposed rule. The EPA

will not institute a second comment

period on this document. Any parties

interested in commenting on this

document should do so at this time.

DATES: To be considered, comments

must be received by December 26, 1997.

ADDRESSES: Written comments on this

action should be addressed to Mr. Scott

M. Martin regarding the Polk County

area and Mr. Steven M. Scofield

regarding the New Johnsonville area at

the EPA Regional Office listed below.

Copies of the documents relative to

this action are available for public

inspection during normal business

hours at the following locations. The