67736 Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 / Rules and Regulations

Reporting and recordkeeping

requirements, State controls.

40 CFR Part 89

Environmental protection,

Administrative practice and procedure,

Air pollution control, Confidential

business information, Imports,

Incorporation by reference, Labeling,

Nonroad source pollution, Reporting

and recordkeeping requirements.

Dated: December 17, 1997.

Carol M. Browner,

Administrator.

For the reasons set forth in the

preamble, parts 85 and 89 of title 40 of

the Code of Federal Regulations are

amended as follows:

PART 85—CONTROL OF AIR

POLLUTION FROM MOBILE SOURCES

1. The heading for part 85 is revised

to read as set forth above.

Subpart Q—Preemption of State

Standards and Waiver Procedures for

Nonroad Engines and Nonroad

Vehicles

2. The authority citation for part 85 is

revised to read as follows:

Authority: 42 U.S.C. 7521, 7522, 7524,

7525, 7541, 7542, 7543, 7547, and 7601(a).

3. Section 85.1603 is amended by

revising paragraphs (b), (c) and (d) to

read as follows:

§ 85.1603 Application of definitions; scope

of preemption.

* * * * *

(b) States and any political

subdivisions thereof are preempted from

adopting or enforcing standards or other

requirements from new engines smaller

than 175 horsepower, that are primarily

used in farm or construction equipment

or vehicles, as defined in this subpart.

(c) States and any political

subdivisions thereof are preempted from

adopting or enforcing standards or other

requirements relating to the control of

emissions from new locomotives or new

engines used in locomotives.

(d) No state or any political

subdivisions thereof shall enforce any

standards or other requirements relating

to the control of emissions from

nonroad engines or vehicles except as

provided for in this subpart.

4. Section 85.1604 is amended by

revising paragraph (a) to read as follows:

§ 85.1604 Procedures for California

nonroad authorization requests.

(a) California shall request

authorization to enforce its adopted

standards and other requirements

relating to the control of emissions from

nonroad vehicles or engines that are

otherwise not preempted by

§ 85.1603(b) or § 85.1603(c) from the

Administrator of EPA and provide the

record on which the state rulemaking

was based.

* * * * *

5. Section 85.1606 is amended by

revising the introductory text to read as

follows:

§ 85.1606 Adoption of California standards

by other states.

Any state other than California which

has plan provisions approved under

Part D of Title I of the Clean Air Act may

adopt and enforce emission standards

for any period, for nonroad vehicles and

engines subject to the following

requirements:

* * * * *

PART 89—CONTROL OF EMISSIONS

FROM NEW AND IN-USE NONROAD

ENGINES

1. The authority citation for part 89

continues to read as follows:

Authority: Sections 202, 203, 204, 205,

206, 207, 208, 209, 213, 215, 216, and 301(a)

of the Clean Air Act, as amended (42 U.S.C.

7521, 7522, 7523, 7524, 7525, 7541, 7542,

7543, 7547, 7549, 7550, and 7601(a)).

2. Appendix A to Subpart A is revised

including the appendix heading to read

as follows:

Appendix A to Subpart A—State

Regulation of Nonroad Internal

Combustion Engines

This appendix sets forth the Environmental

Protection Agency’s (EPA’s) interpretation of

the Clean Air Act regarding the authority of

states to regulate the use and operation of

nonroad engines.

EPA believes that states are not precluded

under section 209 from regulating the use

and operation of nonroad engines, such as

regulations on hours of usage, daily mass

emission limits, or sulfur limits on fuel; nor

are permits regulating such operations

precluded, once the engine is no longer new.

EPA believes that states are precluded from

requiring retrofitting of used nonroad engines

except that states are permitted to adopt and

enforce any such retrofitting requirements

identical to California requirements which

have been authorized by EPA under section

209 of the Clean Air Act.

[FR Doc. 97–33769 Filed 12–29–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 260

[FRL 5942–5]

Withdrawal of Direct Final Rule for

Project XL Site-Specific Rulemaking

for Molex, Inc., 700 Kingbird Road

Facility, Lincoln, NE

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Withdrawal of direct final rule.

SUMMARY: Due to adverse comment, EPA

is withdrawing the direct final rule for

the Project XL Site-Specific Rulemaking

for Molex, Inc., 700 Kingbird Road

Facility, Lincoln, NE. EPA published

the direct final rule on November 3,

1997 at 62 FR 59287–59290. As stated

in the Federal Register document, if

adverse or critical comments were

received by December 3, 1997 the

effective date would be delayed and

notice would be published in the

Federal Register. EPA subsequently

received adverse comments on that

direct final rule.

EPA will address the comments

received in the companion proposal

which was published in the November

3, 1997 Federal Register at 62 FR

59332–59334. EPA will not institute a

second comment period.

DATES: The direct final rule published at

62 FR 59287–59290 is withdrawn as of

December 30, 1997.

FOR FURTHER INFORMATION CONTACT:

Mr. David Doyle, U.S. Environmental

Protection Agency, Region VII, Air,

RCRA & Toxics Division, 726 Minnesota

Avenue, Kansas City, KS 66101, (913)

551–7667.

List of Subjects in 40 CFR Part 260

Environmental protection, Hazardous

waste, Treatment storage and disposal

facility, Waste determination.

Dated: December 19, 1997.

Carol M. Browner,

Administrator.

[FR Doc. 97–33967 Filed 12–29–97; 8:45 am]

BILLING CODE 6560–50–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 300

[FRL–5941–3]

National Oil and Hazardous

Substances Pollution Contingency

Plan; National Priorities List Update

AGENCY: Environmental Protection

Agency.
Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 / Rules and Regulations 67737

ACTION: Notice of deletion of the Cleve

Reber Superfund Site from the National

Priorities List (NPL).

SUMMARY: The Environmental Protection

Agency (EPA) Region 6 announces the

deletion of the Cleve Reber Superfund

Site (the ‘‘Site’’) located in Ascension

Parish, Louisiana from the National

Priorities List (NPL). The NPL,

promulgated pursuant to Section 105 of

the Comprehensive Environmental

Response, Compensation, and Liability

Act (CERCLA) of 1980, is codified at

Appendix B to the National Oil and

Hazardous Substances Pollution

Contingency Plan (NCP), 40 CFR Part

300. With the concurrence of the State

of Louisiana through the Louisiana

Department of Environmental Quality

(LDEQ), EPA has determined that

responsible parties have implemented

all appropriate response actions

required at the Site (neither the

CERCLA-required five-year reviews, nor

operation and maintenance of the

constructed remedy is considered

further response action for these

purposes), that all appropriate

Hazardous Substance Response Trust

Fund (‘‘Fund’’) financed response

actions under CERCLA have been

implemented, and that no further

response action by responsible parties is

appropriate. Moreover, EPA, with State

of Louisiana concurrence through the

LDEQ, has determined that Site

investigations show that the Site now

poses no significant threat to public

health or the environment;

consequently, pursuant to CERCLA

Section 105, and 40 CFR 300.425(e), the

Site is hereby deleted from the NPL.

EFFECTIVE DATE: December 30, 1997.

ADDRESSES: Information on the Site is

available at the local information

repository located at: Ascension Parish

Public Library, 500 Mississippi Street,

Donaldsonville, Louisiana 70346.

Requests for comprehensive copies of

documents should be directed formally

to the Regional Superfund Management

Branch, care of Steve Wyman, (214)

665–2792, United States Environmental

Protection Agency, Region 6, Mail Code:

6SF–PO, 1445 Ross Avenue, Dallas,

Texas 75202.

FOR FURTHER INFORMATION CONTACT:

Caroline A. Ziegler, Remedial Project

Manager, (214) 665–2178, United States

Environmental Protection Agency,

Region 6, Mail Code: 6SF–LP, 1445 Ross

Avenue, Dallas, Texas 75202.

SUPPLEMENTARY INFORMATION: The site to

be deleted from the NPL is: Cleve Reber

Superfund Site located near Sorrento in

Ascension Parish, Louisiana. A Notice

of Intent to Delete for the Site was

published October 9, 1997 (62 FR

52674). The closing date for comments

on the Notice of Intent to Delete was

November 10, 1997. EPA received no

comments and therefore no

Responsiveness Summary was prepared.

The EPA identifies sites which appear

to present a significant risk to public

health, welfare, or the environment and

it maintains the NPL as the list of those

sites. Sites on the NPL may be the

subject of Fund-financed remedial

actions. Section 300.425(e)(3) of the

NCP, 40 CFR 300.425(e)(3), states that

Fund-financed actions may be taken at

sites deleted from the NPL in the

unlikely event that conditions at the site

warrant such action. Deletion of a site

from the NPL does not affect responsible

party liability or impede EPA efforts to

recover costs associated with response

efforts.

List of Subjects in 40 CFR Part 300

Environmental protection, Air

pollution control, Chemicals, Hazardous

substances, Hazardous waste,

Intergovernmental relations, Penalties,

Reporting and recordkeeping

requirements, Superfund, Water

pollution control, Water supply.

Dated: December 8, 1997.

Lynda F. Carroll,

Acting Deputy Regional Administrator

(6RA–D), U.S. EPA Region 6.

For the reasons set out in the

preamble, 40 CFR part 300 is amended

as follows:

PART 300—[AMENDED]

1. The authority citation for part 300

continues to read as follows:

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C.

9601–9657; E.O. 12777, 56 FR 54757, 3 CFR,

1991 Comp., p. 351; E.O. 12580, 52 FR 2923,

3 CFR, 1987 Comp., p. 193.

Appendix B—[Amended]

2. Table 1 of Appendix B to part 300

is amended by removing the site for

Cleve Reber, Sorrento, Louisiana.

[FR Doc. 97–33742 Filed 12–29–97; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL EMERGENCY

MANAGEMENT AGENCY

44 CFR Part 65

[Docket No. FEMA–7232]

Changes in Flood Elevation

Determinations

AGENCY: Federal Emergency

Management Agency (FEMA).

ACTION: Interim rule.

SUMMARY: This interim rule lists

communities where modification of the

base (1% annual chance) flood

elevations is appropriate because of new

scientific or technical data. New flood

insurance premium rates will be

calculated from the modified base flood

elevations for new buildings and their

contents.

DATES: These modified base flood

elevations are currently in effect on the

dates listed in the table and revise the

Flood Insurance Rate Map(s) in effect

prior to this determination for each

listed community.

From the date of the second

publication of these changes in a

newspaper of local circulation, any

person has ninety (90) days in which to

request through the community that the

Associate Director for Mitigation

reconsider the changes. The modified

elevations may be changed during the

90-day period.

ADDRESSES: The modified 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

modified base flood elevations are not

listed for each community in this

interim rule. However, the address of

the Chief Executive Officer of the

community where the modified base

flood elevation determinations are

available for inspection is provided.

Any request for reconsideration must

be based upon knowledge of changed

conditions, or upon new scientific or

technical data.

The modifications are made pursuant

to Section 201 of the Flood Disaster

Protection Act of 1973, 42 U.S.C. 4105,

and are in accordance with the National

Flood Insurance Act of 1968, 42 U.S.C.

4001 et seq., and with 44 CFR part 65.

For rating purposes, the currently

effective community number is shown

and must be used for all new policies

and renewals.

The modified base flood elevations

are the basis for the floodplain

management measures that the

community is required to either adopt

or to show evidence of being already in

effect in order to qualify or to remain

qualified for participation in the

National Flood Insurance Program

(NFIP).

These modified elevations, together

with the floodplain management criteria