Federal Register / Vol. 62, No. 245 / Monday, December 22, 1997 / Proposed Rules 66843

do not meet the definition of a small

government jurisdiction, that is,

governments of cities, counties, towns,

townships, villages, school districts, or

special districts, with a population of

less than 50,000. The I/M rule applies

only to urbanized areas with

populations in excess of 100,000 or

200,000 depending upon location.

Unfunded Mandates Act

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

where the estimated costs to State, local,

or tribal governments, or to the private

sector, will be $100 million or more.

Under Section 205, EPA must select the

most cost-effective and least

burdensome alternative that achieves

the objective 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 impacted by the rule. To

the extent that the requirements in this

action would impose any mandate at all

as defined in Section 101 of the

Unfunded Mandates Act upon the state,

local, or tribal governments, or the

private sector, as explained above, this

rule is not estimated to impose costs in

excess of $100 million. Therefore, EPA

has not prepared a statement with

respect to budgetary impacts.

Paperwork Reduction Act

This regulatory action does not

contain any information collection

requirements requiring approval by the

office of Management and Budget

(OMB) under the Paperwork Reduction

Act, 44 U.S.C. 3501 et seq.

Executive Order 12866

It has been determined that this

proposed amendment to the I/M OBD

rule is not a significant regulatory action

under the terms of Executive Order

12866 and has been waived from Office

of Management and Budget (OMB)

review.

List of Subjects

40 CFR Part 51

Environmental protection,

Administrative practice and procedure,

Air pollution control, Carbon monoxide,

Intergovernmental relations, Lead,

Motor vehicle pollution, Nitrogen oxide,

Ozone, Particulate matter, Reporting

and recordkeeping requirements, Sulfer

oxides, Volatile organic compounds.

40 CFR Part 85

Confidential business information,

Imports, Incorporation by reference,

Labeling, Motor vehicle pollution,

Reporting and recordkeeping

requirements, Research, Warranties.

Dated: December 16, 1997.

Carol M. Browner,

Administrator.

For the reasons set out in the

preamble, parts 51 and 85 of chapter I

of title 40 of the Code of Federal

Regulations is proposed to be amended

as follows:

PART 51—[AMENDED]

1. The authority citation for Part 51

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

2. Section 51.351 is amended by

revising paragraph (c) to read as follows:

§ 51.351 Enhanced I/M performance

standard.

* * * * *

(c) On-Board Diagnostics (OBD). The

performance standard shall include

inspection of all 1996 and later lightduty vehicles and light-duty trucks

equipped with certified on-board

diagnostic systems, and repair of

malfunctions or system deterioration

identified by or affecting OBD systems

as specified in § 51.357.

* * * * *

3. Section 51.352 is amended by

revising paragraph (c) to read as follows:

§ 51.352 Basic I/M performance standard.

* * * * *

(c) On-Board Diagnostics (OBD). The

performance standard shall include

inspection of all 1996 and later lightduty vehicles and light-duty trucks

equipped with certified on-board

diagnostic systems, and repair of

malfunctions or system deterioration

identified by or affecting OBD systems

as specified in § 51.357.

* * * * *

4. Section 51.373 is amended by

revising paragraph (g) to read as follows:

§ 51.373 Implementation deadlines.

* * * * *

(g) On-Board Diagnostic checks shall

be implemented in all basic, low

enhanced and high enhanced areas as

part of the I/M program by January 1,

2001.

PART 85—[AMENDED]

5. The authority citation for Part 85

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

6. Section 85.2207 is amended by

removing and reserving paragraphs (a)

and (e).

7. Section 85.2231 is amended by

revising paragraph (b) to read as follows:

§ 85.2231 On-board diagnostic test

equipment requirements.

* * * * *

(b) The test system shall be capable of

communicating with the standard data

link connector of vehicles with certified

OBD systems.

* * * * *

[FR Doc. 97–33315 Filed 12–19–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[Region 2 Docket No. NY 26–2–176b, FRL–

5936–7]

Determination of Attainment of the

One-Hour Ozone Standard for the

Poughkeepsie, New York

Nonattainment Area and Determination

Regarding Applicability of Certain

Reasonable Further Progress and

Attainment Demonstration

Requirements

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: The EPA proposes to find that

the Poughkeepsie ozone nonattainment

area in New York has attained the onehour National Ambient Air Quality

Standard (NAAQS) for ozone and that

certain reasonable further progress and

attainment demonstration requirements,

along with certain related requirements

of Part D of Title I of the Clean Air Act

are not applicable for as long as the area

continues to attain the one-hour ozone

standard. In the Final Rules section of

this Federal Register, EPA is making

these determinations without prior

proposal because the Agency views this

as a noncontroversial activity and

anticipates no adverse comments. A

detailed rationale for this activity is set

forth in the direct final rule. If no

adverse comments are received in

response to that direct final 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
66844 Federal Register / Vol. 62, No. 245 / Monday, December 22, 1997 / Proposed Rules

interested in commenting on this

document should do so at this time.

DATES: Comments must be received on

or before January 21, 1998.

ADDRESSES: All comments should be

mailed to Ronald Borsellino, Chief, Air

Programs Branch, Environmental

Protection Agency, Region 2, 290

Broadway, New York, NY 10007–1866.

Copies of the air quality data cited in

the notice are available for inspection

during normal business hours at:

Environmental Protection Agency,

Region 2 Office, Air Programs Branch,

290 Broadway, 25th Floor, New York,

New York 10007–1866.

FOR FURTHER INFORMATION CONTACT:

Robert F. Kelly, Air Programs Branch,

Environmental Protection Agency,

Region 2, at the above address. Phone:

212–637–4249.

SUPPLEMENTARY INFORMATION: For

additional information, see the direct

final rule published in the rules section

of this Federal Register.

Dated: December 4, 1997.

William J. Muszynski,

Acting Regional Administrator, Region 2.

[FR Doc. 97–33079 Filed 12–19–97; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Parts 600 and 648

[I.D. 120997A]

Magnuson-Stevens Act Provisions;

General Provisions for Domestic

Fisheries; Applications for

Experimental Fishing Permits (EFPs)

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notification of experimental

fishery proposals; request for comments.

SUMMARY: NMFS issues this notice to

announce that the Administrator,

Northeast Region, NMFS (Regional

Administrator), is considering approval

of an experimental fishing proposal that

would permit vessels to conduct

operations otherwise restricted by

regulations governing the Fisheries of

the Northeastern United States. The

experimental fishery would involve

fishing for, retention, and limited

landing of dogfish using gillnets in the

Nantucket Shoal Dogfish Exemption

Area. Regulations under the MagnusonStevens Act Provisions require

publication of this notice to provide

interested parties the opportunity to

comment on the proposed experimental

fisheries.

DATES: Comments must be received by

January 6, 1998.

ADDRESSES: Comments should be sent to

Andrew A. Rosenberg, Ph.D., Regional

Administrator, NMFS, Northeast

Regional Office, 1 Blackburn Drive,

Gloucester, MA 01930. Mark on the

outside of the envelope ‘‘Comments on

Proposed Experimental Fisheries.’’

FOR FURTHER INFORMATION CONTACT:

Mary M. Tokarcik, Fishery Management

Specialist, 978–281–9326.

SUPPLEMENTARY INFORMATION: The New

England Fisheries Management Council

requested an experiment to fish for

dogfish using gillnets in the Nantucket

Shoal Dogfish Exemption Area. An

application for an experimental fishing

permit (EFP) was received by the

Regional Administrator on November 6,

1997.

Fishing would be conducted in the

Nantucket Shoal Dogfish Exemption

Area, as described in § 648.80(a)(9). This

exemption area currently allows for the

harvest of dogfish using 6–inch (15.24–

cm) minimum mesh trawl gear from

June 1 through October 15. The

experimental fishing activity would be

conducted by vessels using 6–inch

(15.24–cm) minimum mesh gillnet gear.

A maximum of 15 vessels would

participate in the fishery for the season

May 1 through November 30.

Participants would be limited to 60 nets,

no overnight sets of gear, and no

simultaneous fishing for regulated New

England groundfish. EFPs would be

issued to participating vessels to exempt

them from the gear and days-at-sea

restrictions of the Northeast

Multispecies Fishery Management Plan.

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

Dated: December 15, 1997.

Gary C. Matlock,

Director, Office of Sustainable Fisheries,

National Marine Fisheries Service.

[FR Doc. 97–33301 Filed 12–19–97; 8:45 am]

BILLING CODE 3510–22–F