Federal Register / Vol. 62, No. 246 / Tuesday, December 23, 1997 / Rules and Regulations 67009

IV. Administrative Requirements

A. Executive Order 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 Executive Order

12866 review.

B. Regulatory Flexibility Act

Under the Regulatory Flexibility Act,

5 U.S.C. 600 et. seq., the 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, the EPA may

certify that the rule will not have a

significant impact on a substantial

number of small entities. Small entities

include small businesses, small not-forprofit enterprises, and government

entities with jurisdiction over

populations that are less than 50,000.

SIP revision approvals under Section

110 and Subchapter I, Part D, of the

CAA 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 EPA certifies

that this proposed rule would not have

a significant impact on any small

entities affected. Moreover, due to the

nature of the Federal-State relationship

under the CAA, preparation of a

regulatory flexibility analysis would

constitute Federal inquiry into the

economic reasonableness of State

actions. The CAA forbids the EPA to

base its actions concerning SIPs on such

grounds. Union Electric Co. v.

U.S.E.P.A., 427 U.S. 246, 256–266 (S. Ct.

1976); 42 U.S.C. section 7410(a)(2).

C. Unfunded Mandates

Under Section 202 of the Unfunded

Mandates Reform Act of 1995

(‘‘Unfunded Mandates Act’’), signed

into law on March 22, 1995, 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 to State,

local, or tribal governments in the

aggregate, or to the private sector, of

$100 million or more. Under Section

205, 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 EPA to establish a plan for

informing and advising any small

governments that may be significantly

or uniquely impacted by the rule.

EPA has determined that the approval

action promulgated today 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 pre-existing requirements

under State or local law, and imposes

no new Federal requirements.

Accordingly, no additional costs to

State, local, or tribal governments, or to

the private sector, result from this

action.

D. 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, 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

today’s Federal Register. This rule is

not a ‘‘major rule’’ as defined by 5

U.S.C. 804(2).

E. Petitions for Judicial Review

Under section 307(b)(1) of the CAA,

42 U.S.C. 7607(b), petitions for judicial

review of this action must be filed in the

United States Court of Appeals for the

appropriate circuit by February 23,

1998. 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,

Administrative practice and procedure,

Air pollution control, Carbon monoxide,

Incorporation by reference,

Intergovernmental relations, Motor

vehicle pollution, Carbon monoxide,

Reporting and recordkeeping

requirements.

Dated: September 28, 1995.

Jack W. McGraw,

Acting Regional Administrator, Region VIII.

Editorial note: This document was

received at the Office of the Federal Register

December 17, 1997.

Part 52, Chapter I, 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 et seq.

Subpart G—Colorado

2. Section 52.320 is amended by

adding paragraph (c)(71) to read as

follows:

§ 52.320 Identification of plan.

* * * * *

(c)* * *

(71) The Governor of Colorado

submitted carbon monoxide

contingency measures for Colorado

Springs and Fort Collins with a letter

dated February 18, 1994. This submittal

was intended to satisfy the requirements

of section 172(c)(9) of the Clean Air Act

for contingency measures which were

due on November 15, 1993.

(i) Incorporation by reference.

(A) Colorado Air Quality Control

Commission Nonattainment Areas

regulation, 5 CCR 1001–20, Section VI,

City of Fort Collins Nonattainment Area,

and Section VII, Colorado Springs

Nonattainment Area, adopted on

November 12, 1993, effective on

December 30, 1993.

* * * * *

[FR Doc. 97–33320 Filed 12–22–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 58

[AD–FRL–5939–8]

RIN 2060–AF71

Withdrawal of Direct Final Rule for

Ambient Air Quality Surveillance for

Lead

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Withdrawal of direct final rule.

SUMMARY: Due to an adverse comment,

EPA is withdrawing the direct final rule

for Ambient Air Quality Surveillance for

Lead. EPA published the direct final

rule on November 5, 1997 at 62 FR

59813. As stated in that Federal

Register document, if adverse or critical

comments were received by December

5, 1997, the effective date would be

delayed and notice would be published

in the Federal Register. EPA

subsequently received adverse
67010 Federal Register / Vol. 62, No. 246 / Tuesday, December 23, 1997 / Rules and Regulations

comments on that final rule. EPA will

address the comments received in a

subsequent final action in the near

future. EPA will not institute a second

comment period on this document.

DATES: The direct final rule published at

62 FR 59813 is withdrawn as of

December 19, 1997.

FOR FURTHER INFORMATION CONTACT:

Brenda Millar, Emissions, Monitoring,

and Analysis Division (MD–14), Office

of Air Quality Planning and Standards,

U.S. Environmental Protection Agency,

Research Triangle Park, NC 27711,

Telephone: (919)541–4036, e-mail:

millar.brenda@emai.epa.gov.

SUPPLEMENTARY INFORMATION: See the

information provided in the direct final

rule located in the final rules section of

the November 5, 1997 Federal Register

and in the informational document

located in the proposed rule section of

the November 5, 1997 Federal Register.

List of Subjects in 40 CFR Part 58

Environmental protection, Air

pollution control, Intergovernmental

relations, Reporting and recordkeeping

requirements, Quality assurance

requirements, Ambient air quality

monitoring network.

Dated: December 18, 1997.

Robert Brenner,

Acting Assistant Administrator for Air and

Radiation.

[FR Doc. 97–33452 Filed 12–18–97; 4:30 pm]

BILLING CODE 6560–50–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 622

[Docket No. 940246–4137; I.D. 121697D]

Fisheries of the Caribbean, Gulf of

Mexico, and South Atlantic; SnapperGrouper Fishery off the Southern

Atlantic States; Snowy Grouper;

Commercial Trip Limit Reduction

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Trip limit reduction.

SUMMARY: NMFS reduces the

commercial trip limit for snowy grouper

in the exclusive economic zone (EEZ)

off the southern Atlantic states to 300 lb

(136 kg). This trip limit reduction is

necessary to protect the snowy grouper

resource.

DATES: Effective 12:01 a.m., local time,

December 20, 1997, through December

31, 1997.

FOR FURTHER INFORMATION CONTACT:

Peter Eldridge, 813–570–5305.

SUPPLEMENTARY INFORMATION: The

snapper-grouper fishery off the southern

Atlantic states is managed under the

Fishery Management Plan for the

Snapper-Grouper Fishery of the South

Atlantic Region (FMP). The FMP was

prepared by the South Atlantic Fishery

Management Council and is

implemented under the authority of the

Magnuson-Stevens Fishery

Conservation and Management Act by

regulations at 50 CFR part 622.

The commercial quota for snowy

grouper, one of the species in the

snapper-grouper complex, is 344,508 lb

(156,266 kg), gutted weight, each fishing

year. The fishing year is January 1

through December 31. In accordance

with 50 CFR 622.44(c)(2), a commercial

trip limit of 2,500 lb (1,134 kg) applies

until the quota is reached. When the

quota is reached, or is projected to be

reached, NMFS is required to reduce the

commercial trip limit to 300 lb (136 kg),

through the end of the fishing year.

Based on current statistics, NMFS has

projected that the commercial quota for

snowy grouper will be reached on

December 19, 1997. Accordingly, the

commercial trip limit for snowy grouper

in or from the EEZ off the southern

Atlantic states is reduced to 300 lb (136

kg) effective 12:01 a.m., local time,

December 20, 1997, through December

31, 1997. During this period, no more

than 300 lb (136 kg), round weight or

gutted weight, of snowy grouper may be

possessed on board or landed,

purchased, or sold from a vessel that has

a valid commercial permit for snappergrouper per day. The possession of a

valid commercial permit

notwithstanding, the bag and possession

limits apply when a vessel is operating

as a charter vessel or headboat.

Classification

This action is taken under 50 CFR

622.43(a) and 622.44(c) and is exempt

from review under Executive Order

12866.

Authority: 16 U.S.C. 1801 et seq.

Dated: December 16, 1997.

Bruce C. Morehead,

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 97–33385 Filed 12–18–97; 11:43

am]

BILLING CODE 3510–22–F