6728 Federal Register / Vol. 62, No. 30 / Thursday, February 13, 1997 / Rules and Regulations

F. Small Business Regulatory

Enforcement Fairness Act of 1996

Under 5 U.S.C. 801(a)(1)(A) 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 the rule in

today’s Federal Register. This rule is

not a major rule as defined by 5 U.S.C.

804(2).

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide,

Hydrocarbons, Incorporation by

reference, Lead, Nitrogen dioxide,

Intergovernmental relations, Particulate

matter, Ozone, Sulfur oxides.

Dated: December 16, 1996.

A. Stanley Meiburg,

Acting Regional Administrator.

Part 52 of chapter I, title 40, 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 RR—Tennessee

2. Section 52.2220 is amended by

adding paragraph (c)(145) to read as

follows:

§ 52.2220 Identification of plan.

* * * * *

(c) * * *

(145) Revisions to Division Rule

1200—Stationary Sources—General

Requirements, submitted by the

Tennessee Department of

Environmental Protection on May 3,

1995.

(i) Incorporation by reference.

(A) Division of Air Pollution Control

Rule 1200–3–9–.02(11)(a), effective

September 21, 1994.

(B) Memphis City Code Section 16–

77, reference 1200–3–9–.02(11)(a),

effective October 28, 1994.

(ii) Other materials. None.

[FR Doc. 97–3577 Filed 2–12–97; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 58

[FRL–5683–4]

Modification of the Ozone Monitoring

Season; Alabama, Georgia, and

Mississippi

AGENCY: Environmental Protection

Agency.

ACTION: Final rule.

SUMMARY: Previously, the ozone

monitoring season in Region 4 was

twelve months in Florida; March—

November in Georgia, Alabama, and

Mississippi; and April—October in

North Carolina, South Carolina,

Tennessee, and Kentucky. Based on

review of ozone monitoring data, Region

4 has determined that the appropriate

ozone monitoring ozone season should

be April 1–October 31 for all Region 4

states except Florida. Florida will

continue to have a twelve month

monitoring season.

EFFECTIVE DATE: March 17, 1997.

ADDRESSES: Copies of documents

concerning this action are available for

public inspection during normal

business hours at the following

locations. The interested persons

wanting to examine these documents

should make an appointment with the

appropriate office at least 24 hours

before the visiting day.

The Region 4 office may have

additional background documents not

available at the other locations.

Environmental Protection Agency,

Region 4, Air Planning Branch, 100

Alabama Street, SW, Atlanta, Georgia

30303. Dick Schutt, (404) 562–9033.

Alabama Department of Environmental

Management, 1751 Congressman W.

L. Dickinson Drive, Montgomery,

Alabama 36109. (334) 271–7861.

Air Protection Branch, Environmental

Protection Division, Georgia

Department of Natural Resources,

4244 International Parkway, Suite

120, Atlanta, Georgia 30354. (404)

363–7000.

Air Division, Office of Pollution

Control, Mississippi Department of

Environmental Quality, P.O. Box

10385, Jackson, Mississippi, 39289–

0385. (601) 961–5171.

Bureau of Environmental Health,

Jefferson County Department of

Health, P.O. Box 2648, Birmingham,

Alabama 35202. (205) 930–1225.

The City of Huntsville, Department of

Natural Resources & Environmental

Management, 305 Church Street,

Huntsville, Alabama 35801. (205)

535–4206.

FOR FURTHER INFORMATION CONTACT: Dick

Schutt at 404/562–9033.

SUPPLEMENTARY INFORMATION: 40 CFR

58.13(a)(3) provides that ambient air

quality data must be collected except

periods or seasons exempted by the

Regional Administrator. EPA Region 4

has analyzed ozone monitoring data for

all of the Region 4 states except Florida

during the years 1991–1995. Air

monitoring stations in the seven states

recorded ozone values at or above .100

ppm on only three days between

November 1–April 14. Based on this

data, the EPA has determined that the

appropriate ozone monitoring season

should be April 1–October 31 for all

Region 4 states except Florida. Florida

will continue to have a twelve month

monitoring season.

Therefore, pursuant to 40 CFR

58.13(a)(3), by letter dated September 5,

1996, from John H. Hankinson, EPA

Region 4 Administrator, the EPA

changed the Alabama, Georgia, and

Mississippi ozone monitoring season to

be April 1–October 31.

The ozone monitoring season for

Region 4 states will be re-evaluated

when the national ambient air quality

standard for ozone is revised. The ozone

monitoring season will be revised, if

necessary at that time.

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 (OMB) has exempted this

regulatory action from E.O. 12866

review.

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

impact on a substantial number of small

entities. Small entities include small

businesses, small not-for-profit

enterprises, and government entities

with jurisdiction over populations of

less than 50,000. EPA certifies that this

rule will not have an impact on any

number of small entities.

Under section 307(b)(1) of the Clean

Air Act (CAA), 42 U.S.C. 7607(b)(1),

petitions for judicial review of this

action must be filed in the United States

Court of Appeals for the appropriate

circuit by April 14, 1997. Filing a

petition for reconsideration by the

Administrator of this final rule does not

affect the finality of this rule for

purposes of judicial review nor does it

extend the time within which a petition
Federal Register / Vol. 62, No. 30 / Thursday, February 13, 1997 / Rules and Regulations 6729

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) of the CAA, 42 U.S.C.

7607(b)(2).)

Under 5 U.S.C. 801(a)(1)(A) 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 the rule in

today’s Federal Register. This rule is

not a ‘‘major rule’’ as defined by 5

U.S.C. 804(2).

List of Subjects in 40 CFR Part 58

Environmental protection, Air

pollution control, Intergovernmental

relations.

Dated: January 21, 1997.

A. Stanley Meiburg,

Acting Regional Administrator.

Part 58 of chapter 1, title 40 of the

Code of Federal Regulations is amended

as follows.

PART 58—[AMENDED]

1. The authority citation for part 58 is

revised to read as follows:

Authority: 42 U.S.C. 7410, 7601(a), 7613,

7619.

Appendix D—[Amended]

2. In Appendix D, the table in section

2.5 is amended by revising the entries

for Alabama, Georgia, and Mississippi to

read as follows:

Appendix D—Network Design for

State and Local Air Stations (SLAMS),

National Air Monitoring Stations

(NAMS), and Photochemical

Assessment Monitoring Stations

(PAMS).

* * * * *

2.5 * * *

OZONE MONITORING SEASON BY

STATE

State Begin

month

End

month

Alabama ....................... Apr ......... Oct.

* * * * *

Georgia ........................ Apr ......... Oct.

* * * * *

Mississippi ................... Apr ......... Oct.

* * * * *

[FR Doc. 97–3520 Filed 2–12–97; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN 1018-AD69

Migratory Bird Hunting; Late Seasons

and Bag and Possession Limits for

Certain Migratory Game Birds;

Supplemental

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Final Rule.

SUMMARY: The Fish and Wildlife Service

(hereinafter Service) is supplementing

the rule prescribing the late open

season, hunting hours, hunting areas,

and daily bag and possession limits for

general waterfowl seasons in South

Dakota that appeared in the Federal

Register on September 27, 1996 (61 FR

50738).

DATE: Effective on February 13, 1997.

FOR FURTHER INFORMATION CONTACT: Paul

R. Schmidt, Chief, Office of Migratory

Bird Management, U.S. Fish and

Wildlife Service, Department of the

Interior, ms 634—ARLSQ, 1849 C Street,

NW., Washington, DC 20240, (703) 358–

1714.

SUPPLEMENTARY INFORMATION: In the

September 27, 1996, Federal Register

(61 FR 50738), the Service published a

final rule prescribing the late open

season, hunting hours, hunting areas,

and daily bag and possession limits for

general waterfowl seasons and certain

other migratory bird seasons in the

conterminous United States. Public

comment was received on the proposed

rules for the seasons and limits

contemplated herein. These comments

were addressed in the Federal Registers

dated August 29, 1996, (61 FR 45836)

and September 26, 1996 (61 FR 50662).

This supplement involves no change in

substance in the contents of the prior

proposed and final rules. In the case of

South Dakota, the State has elected to

select the remaining allowable hunt

days permitted under the existing

frameworks for snow geese.

Dated: February 3, 1997

George T. Frampton, Jr.

Assistant Secretary for Fish and Wildlife and

Parks.

PART 20—[AMENDED]

For the reasons set out in the

preamble, title 50, chapter I, subchapter

B, Part 20, subpart K is amended as

follows:

1. The authority citation for Part 20

continues to read as follows:

AUTHORITY: 16 U.S.C. 703–712; and 16

U.S.C. 742 a–j.

§ 20.105 [Amended]

2. In Section 20.105, paragraph (e) is

amended by revising the Season Dates

for South Dakota, subheading Light

Geese, to read ‘‘Sept. 28–Dec. 22 & Feb.

18–Mar. 10.’

[FR Doc. 97–3657 Filed 2–12–97; 8:45 am]

BILLING CODE 4310–55–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Parts 217 and 222

[Docket No. 960730211–7020–02; I.D.

072296B]

RIN 0648–AJ03

North Atlantic Right Whale Protection

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Interim final rule.

SUMMARY: Disturbance is identified in

the Final Recovery Plan for the Northern

Right Whale (Recovery Plan) as among

the principal human-induced factors

impeding recovery of the northern right

whale (Eubalaena glacialis) (NMFS,

1991). NMFS is issuing this interim

final rule to restrict approaches within

500 yards (460 m) of a right whale,

whether by vessel, aircraft or other

means, in an attempt to reduce the

current level of disturbance and the

potential for vessel interaction and

injury. This rule requires right whale

avoidance measures if a vessel or

aircraft is within the 500-yard (460 m)

restricted area. Generally, vessels are

required to immediately depart from the

area at a slow, safe speed in a direction

away from the whale. Exceptions are

provided for emergency situations,

where certain authorizations are

provided for aircraft operations (unless

the aircraft is conducting whale watch

activities), for certain right whale

disentanglement/rescue efforts and

investigations, and for a vessel restricted

in its ability to maneuver and unable to

comply with the right whale avoidance

measures.

EFFECTIVE DATE: March 17, 1997.

FOR FURTHER INFORMATION CONTACT:

Margot Bohan, NMFS/FPR, 301–713–

2322; Doug Beach, NMFS/Northeast

Regional Office, 508–281–9254; or