# + 2

(,1 1/,1(

Citation: 49 Fed. Reg. 44208 1984

Content downloaded/printed from HeinOnline (http://heinonline.org) Fri Jul 30 11:19:58 2010

-- Your use of this HeinOnline PDF indicates your acceptance of HeinOnline's Terms and Conditions of the license agreement available at http://heinonline.org/HOL/License

-- The search text of this PDF is generated from uncorrected OCR text.44208 Federal Register t Vol. 49, N. 215 1 Monday, -Nov eber 5, id84'/ Ruls ana' Reulhtibhns"

interested persons were given until June 4,1984 to submit comments.

Written comments were received and evaluated after June 4,1984. This was done because two residents ofCanada reported (by telephone) that they didnot receive the public notice in time to submit comments before the closing date. This ledthe Coast Guard to suspect that no addresses m Canada received this notice in a timelymanner. Since the northerly shore ofMissisquoi Bayis m Canada and Canadian registered vessels regularly transit the bridge, input from this sector was deemed necessary to fully evaluate the proposed regulation.

OnApril 24,1984, the Coast Guard published a final rule (49FR 17450) that reorganized Coast Guard regulations for drawbridges (Part 117 ofTitle 33, Code ofFederal Regulations) to consolidate
common requirements and to orgamze bridge regulations into a more usable format. This final rule follows the revised numbering and format.

Drafting Information:The drafters of these regulations are ErnestJ.Feemster, projectmanager, and Mary Ann Ansman, project attorney.

DiscussionofComments:Six written responses were received on proposed regulations to allow the bridge to open on signal from 9 a.m.to 5 p.m. fromJune 15 through September 15 with 24 hours notice at all other times. Three government agencies and one marner who soldhis boat had no objection or comment. The other two respondents objected to the regulations and suggested alternale regulations. One of the objectors also provided a petition with names of22 otherwaterway users who objected to the regulations. Objections were made because the proposed regulations did not respond to the needs ofboaters ofthe area. It was reported that boaters frequently use the waterway.m the summer from Friday morning through Monday and this was not accounted forin the proposed regulations. The maners suggested that the draw open on signal from June 15 through September 15 onTuesday through Thursday between 9a.m. and 5 p.m., and onFriday through Monday between 7 a.m. and 11 p.m., with two hours notice at all other times. From September 16 through June 14,jhe existing 24 hours notice would be retained.

Based on discussions with the railroad and the mariners, compromise regulations which will respond to manner needs and will relieve the bridge owner ofthe responsibility to
man the draw during certain periods are being issued. These regulations will require thatthe drawbe opened on signal from June 15 through September 15: Monday through Friday (except holidays) from 9 a.m..to 5 p.m., and Saturdays, Sundays, Independence Day and Labor Day from 7 a.m. to 11 p.m. with two hours notice required at other times. From September 16 through June 14, the exidting 24hours notice will continue to berequired.

Existing regulations require the bridge to open on signal fromJune 15 through September 15 from 7 a.m. to 11 p.m. with 24hours notice at all othertimes.
Economic Assessment and Certification

These regulations are considered to be non-major under Executive Order 12291 on Federal Regulation, and nonsignificant under Department of Transportation regulatory policies and procedures (44FR 11034; February 26, 1979).

The economic unpact has been found to be so minimal that a full regulatory evaluation is unnecessary. Summer recreational boaters normally are the only ones using the waterway and these regulations will be more responsive to their needs than former regulations. No vessel will be demed access through the bridge since provision for notice will be available whenever the bridge is not required to be manned. Additionally, very little boating occurs on the waterway from September 15 to June 15. Since the economic impact ofthese regulations is expected to be minimal, the Coast Guard certifies that they will not have a significant economic impact

on a substantial number ofsmall entities.

List ofSubjects m33 CFR Part 117

Bridges. Regulations:In consideration ofthe foregoing, Part 117 ofTitle 33, Code of Federal Regulations is amended by revising § 117.993(c) to read as follows:

PART 117-DRAWBRIDGE OPERATION REGULATIONS §117.993 Lake Champlain.

(c) The draw of the Central Vermont Railway bridge across Missisquoi Bay, mile 105.6 shall open on signal:

(1] From June 15 through September 15:

(i) Monday through Friday from 9 a.m. to 5 p.m..

(ii) Saturdays, Sundays, Independence Day and Labor Day from 7 a.m. to ll p.m;

(iii) At all other times, ifat least two hours notice is given.

(2) From September 16 through June 14, ifat least 24 hours notice is given.
*t * * *m * (33 U.S.C. 499; 49 CFR 1.46(c)(2): 33 CFR 1.05-

_ 1(Sl(3))
Dated: October 24, 1984. P.A. Yost, Vice Admiral,U.S. CoastGuard, Commander, ThirdCoastGuard Distnct. [FR Do. 84-29003 Filed11--84 : .45 al] BILNG CODE 4910-14M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part52

[A-9-FRL-2707-5]

Air Programs; Nevada State Implementation Plan Revisions
AGENCY: Environmental Protection Agency (EPA). ACTION: Final rulemaking.

SUMMARY: This notice takes final action to approve the Nevada 1982 carbon monoxide (CO) State Implementation Plan (SIP) revision for the Las Vegas Valley. This notice also takes final action to approve amendments to Nevada's motor vehicle inspection and maintenance (I/M) regulations, and to incorporate the amended regulations as well as State authorizing legislation into the approved SIPs for the Las Vegas, Valley and Truckee Meadows. The above submittals are being approved because they meet the requirements of the Clean Air Act (CAA) and EPA policy pertaining tononattamment areas which

were unable to attain the CO national ambient air quality standards by 1902, EFFECTIVE DATE: December 5, 1984. ADDRESSES: Copies of the revisiond are available for public inspection during normal business hours at the following locations: Air Management Division,

Environmental Protection Agency, Region 9, 215 Fremont Street, 5th Floor,San Francisco, CA 94105 Public Information Reference Unit,

Environmental Protection Agency, 401 "M"Street, SW., Washington, D.C. 20460 Office ofthe Federal Register, 1100 "L"

Street, NW., Room 8401, Washington, D.C. Nevada Department of Conservation,

and Natural Resources, 201 South Fall Street, Room 221, Carson City,NV 89710 Regional Administrative Planning

Agency, 241 Ridge Street, Reno, NV 89504 Clark County Department of

Comprehensive Planning, 225 Bridger

HeinOnline -- 49 Fed. Reg. 44208 1984Federal Register 

### / Vol. 49, No. 215 / Monday, November 5, 1984 / Rules and Regulations 44209

Avenue, 7th Floor,Las Vegas. NV 89155 FOR FURTHER INFORMATION CONTACT. Wallace Woo, Chief, State iaison Section (A-2-2), Air Management Division, Environmental Protection Agency, Region 9,215 Fremont Street, San Francisco, CA 94105, (415) 974-7634 FTS: 454-7634. SUPPLEMEN,1TARY INFORMATION: Background

The Clean AirAct Amendments of 1977required states torevise their SIPs by January 1979 for all areas that had
not attained the national ambient air quality standards (NAAQS). These 1979 SIPrevisions were to provide for attainment ofthe NAAQS by December 31,1982. Those areas wluch demonstrated that 1982 attainment for

ozone or carbon monoxide could not be achieved, even with the implementation ofall reasonably available control
measures, could request an extension of

no later than December 31,1987 to attain the standards. States were to submit to EPA 1982 SIP revisions for these extension areas by July 1,1982.

On June 23,1982 the State ofNevada submitted the 1982 CO SIP revision for theLas-Vegas Valley. On February 3, 1983 (48FR 5073) EPA proposed to disapprove the revision overall because the delay in implementing the vehicle inspection andmaintenance (JIM)
program did not represent-an implementation schedule which was as expeditious as practicable. All other portions ofthe Las Vegas CO SIP revision were proposed to be approved. Fora detailed discussion ofthe major JIM deficiency and EPA's evaluation of the other portions ofthe SIP revision, please refer to the February 3,1983 proposal notice and its accompanying Technical Support Document (TSD).

On September 14,1983, the Governor ofNevada submitted: (1) State legislation which mandated the start-up of an JIM program by October 1,1983, (2) revised I/M rules and regulations, and {3) an I/M public education plan. These submittals revise thepreviously EPA approved I/M rules andregulations (46,FR 21758;April 14,1981) which cover both the'Las Vegas Valey andTruckee Meadows.

EPA evaluated ihe September 14,1983 JIM submittals and determined they corrected several deficiencies noted in the April 14,1981 and February 3,1983 Federal Register notices. On October 1, 1983 the Nevada Department ofMotor Vehicles began implementing an annual JIM program inClark and Washoe Counties. On February 21,1984 (49FR 6386) EPA proposed to approve the September 14,1983 I/M submittals. In addition, since the State was now implementing an approvable JIM program in Clark County,EPA proposed to fully approve the 1982Las Vegas Valley SIPrevision for CO. For a detailed discussion ofthe September 14, 1983 submittals, please refer to the February 21,1984 notice ofproposed rulemaking. The February 21,1934 notice andits related TSD also contain EPA's response to four comments wich

were received on EPA's initial proposed rulemakmg on the 1982Las Vegas Valley SIPrevisionfor CO published February 3,1983.

Today's notice takes final actionto approve both the 1982 Las Vegas Valley SIPrevision for CO and the September 14,1983IIM revisions forthe Las Vegas Valley and Truckee Meadows. Today's final actions are the same as those proposed onFebruary 21,1984 (49FR 6386).
Public Comments

EPA received one comment on the actions it proposed in the February 21, 1984Federal Register. The Nevada Department ofConservation and Natural Resources commented that It supports EPA's proposed approval ofthe September 14,1983 I/M revisions and the 1982 Las Vegas Valley SIPrevision for CO.
EPA Action

Nevada's June 23,1982 and September 14,1983 submittals have been evaluated forconformance with the requirements of-Part D ofthe Clean AirAct andEPA policy.They are found tobe approvable. Specifically, today's notice takes the following final actions: (1)To approve the September 14,1983 submittal (which includes I/M legal authority (AB 677), revised I/M rules and regulations, and

an I/M public awareness plan) and incorporate It into the SIPfor the Las Vegas Valley and Truckee Meadows under Section 110 ofthe CAA and (2) to fully approve the 1982Las Vegas Valley SIPrevision for CO and incorporate It into the SIP under section 110 ofthe CAA.

This notice also corrects an adnmistrative error made in an August 8,1984 (49FR 31683) notice offinal rulemaking.The August 8,1984 rulemaking inadvertently deleted portions of40 CFR 52.1470 whichhad been incorporated byreference on March 27,1984 (49 FR 11626). Regulatory Process

The Office ofManagement andBudget has exempted this revision from the requirements ofsection 3 ofExecutive Order 12291. Incorporation byreference ofthe State Implementation Plan for the State ofNevada was approved bytheDirector ofthe Federal Register onJuly1,1982.

Under section 307f(b)(1) ofthe Clean AirAct.judicialreview ofthis action is available only by the filing ofa petition for review in the United States Court of Appeals for the appropriate circuit within 60 days oftoday. Under section 307(b)(2) ofthe CleanAirAct, the requirements which are the subject of today's notice may not be challenged laterin civil or criminal proceedings brought byEPA to enforce these requirements.

Authority- Secs. 110.129,171 to178 and 301(a) ofthe CleanAir Actas amended (42 U.S.C. 7410.7429.7501. to 7508 and 7601(a)).
List ofSubjects in40 CFRPart 52

Airpollution control. Carbon monoxide, Incorporation byreference.

Dated. October 19,1984. VWilliam D.Ruckelshaus, Adnumstrotor.

PART 52--[AMENDED]

Subpart DD ofPart 52. Chapter LTitle 40 ofthe Code ofFederalRegulations is amended as follows:
Subpart DD-Nevada

1. Section 52.1470is amended by revising paragraph (c)(26], and by adding paragraph (c](32) as follows:
§52.1470 Identification ofplan.



### C) (26)The following amendments to the plan were submitted on September 14. 1983 bythe Governor.

(i)Amendments to Chapter445 ofthe NevadaAdministrative Code.

(A)New oramended Sections 445.732, 445.808 (paragraphs (1), (2](a-c), and (3]- (5)), 445.815 (paragraphs (1), (2)(a)(1 and 

### 2), and

## (3H5)]. 445.816 (paragraphs (1), (2](a-i), and (3)-{5)). 445.843, and 445.846 (paragraphs (1), (3). and (4)].

(ii) The Truckee Meadows Air Quality Implementation Plan 1982Update except forthe attainment andRFP demonstrations andLegally Enforceable Measures portions ofthe plan. (iii) Amendments related to Nevada's inspection and maintenance (I/M) program.

(A) State legislation (AB 677) which defers the start-up ofthe annual I/M program fromJuly 1.1983 to October 1, 1983.

(B) AnI/M public education plan.

HeinOnline -- 49 Fed. Reg. 44209 198444210 Federal Register / Vol. 49, No. 215 / Monday, November 5, 1984 / Rules and Regulations

(C) Revisions to the Engine Emission Control Regulations (Nevada Administrative Code455.851 to 445.945).

(32)The Las Vegas Valley 1982Air Quality Implementation Plan (AQIP) Update for carbon monoxide submitted by the Governor on June 23,1982.

* * * * *

[FR Doc.84-288 Fided 11-2-4; am,ea BIWNG CODE 650-50-M

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 15 [FCC 84-5011
Certification and Labelling of Low Power Communication Devices Produced Before October 1, 1975
AGENCY: Federal Communications Commission. ACTION: 

### Final rule. SUMMARY: This document deletes selfcertification and labelling requirements for low power communications devices manufactured before October 1, 1975. These requirements have become obsolete and are therefore being deleted. The intended effect ofthis action is to remove the subject unnecessary requirements from the FCC Rules. EFFECTIVE DATE: December 3,1984. ADDRESS: Federal Commumcations Commission, Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT. Julius P Knapp, Office ofScience and Technology, Washington, DC 20554, (202) 653-8247
SUPPLEMENTARY INFORMATION: List ofSubjects 

### m47 CFR Part 15

Communications equipment labelling. Order

In the matter ofPart 15requirements pertaining to certification andlabelling oflow power communication devices produced before October 1,1975.

Adopted: October 18,1984. Released: October 25, 1984. By the Commission. 1.Sections 15.135 and 15.136, which specify self-certification and labelling requirements forlow power communication devices manufactured before October 1,1975, are obsolete. As ofOctober 1,1975, such devices were made subject to certification by the Commission. The old requirements had been retained beyond 1975 so that, when checking equipment on dealers' shelves for compliance, it would be clear which requirements applied. In general, it takes several years from the date of manufacture for-low power communication devices, such as toy walkie-talkies andradio control devices, to move through theretail distribution chain. It is reasonable to assume that by
now all equipment produced prior to October 1, 1975, has been sold. To the best ofourknowledge, no enforcement questions concerning equipment thatfell underthese requirements have come up in several years. Therefore these requirements are no longer necessary and should be deleted. Deletion ofthese requirements wouldnot affect the operational status ofany such equipment still in use. §§ 15.135 and 15.136 [Removed]

2. In light ofthe above, notice and comment on whether to retain these requirements are considered unnecessary. Accordingly, it is ordered that §§15.135 and 15.136 are removedin their entirety, effective December 3, 1984.

3. Forfurther information concerning this Order, contact Julius P Knapp, Office ofScience and Technology, (202) 653-8247. (Sees.4, 303.48 Stat., as amended, 1066,1082 47 U.S.C. 154, 303) Federal Communications Commission. William J. Tricarico, Secrety.

[FRDoe. 84-29F28Fled12-2-4: &45 am] BILNG CODE 6712-01-M

DEPARTMENT OF TRANSPORTATION
Federal Highway Admiistration

49 CFR Parts 391 and 392 [BMCS Docket No. MC-96; Amdt. No. 83-12] Qualificationsof Drivers and Driving of Motor Vehicles; Drugs
AGENCY: Federal Highway Administration (FHWA), DOT. ACTION: Final rule.
SUMMARY: The FHWA is amending the Federal Motor Carrier Safety Regulations (FMCSR) toincorporate into the driver qualifications rules and the driving rules,prohibitions in the transportation, possession, anduse of drugs and other substances listed in Schedule I ofthe Drug Enforcement Administration's Schedules of Controlled Substances (SCS). This action is being taken because these substances degrade psychomotor performance which in turn degrade driving skills. Atpresent many ofthese substances are not prohibited under the rules. The addition ofSchedule I drugs and other substances to the rules will enable the motor carrierindustry to reduce the risk ofdriver intoxication or deviant behavior caused by the use of dangerous substances, such as marijuana, heroin, and mescaline. EFFECTIVE DATE: December 5,1984.

FOR FURTHER INFORMATION CONTACT:. Mr. Neill L. Thomas, Bureau ofMotor Carrier Safety, 202-426-9767; orMrs. Kathleen S. Markman, Office ofthe Chief Counsel, 202-426-0346, Federal Highway Administration, Department of Transportation, 400 Seventh Street, SW., Washington, D.C. 20590, Office hours

arefrom 7:45 a.m. to 4:15p.m. ET, Monday through Friday.

SUPPLEMENTARY INFORMATION. The FMCSR's current rules concerning drugs and other substances are found in49 CFR 391.15 Disqualification ofdrivers, 391.41 Physical qualifications for drivers, and 392.4 Narcotics, amphetamine, and other dangerous substances. Section 391.15(c) lists specific disqualifying drug offenses. Section 391.41(b)(12), disqualifies those drivers who use an amphetamine, narcotic, or any habit-forming drug. Section 392.4 prohibits a person from operating or physically controlling a motor vehicle Ifthatperson posesses, Is under theinfluence of,orIs using, a narcotic drug, narcotic drug derivatives,

an amphetamine, formulations ofan amphetamine, orany other dangerous substance.

On November 24,1980, the FHWA Issued a notice ofproposed rulemaking (NPRM), Qualifications ofDrivers and Driving ofMotor Vehicles; Drugs (Docket No. MC-96; Notice No. 80-12, 45 FR 77466), requesting comment on a proposal to update Its regulatory approach by naming and classifying, on an individual basis, prohibited drugs and other substances. The FHWA proposed to utilize the classification system presented in the Drug Enforcement Administration's Comprehensive Drug Abuse Prevention and Control Act of1970 (Pub. L91-513, October 27,1970, 84 Stat. 1236), from which was established the SCS. The SCS would be the mechanism to bring about a more comprehensive and consistent drugregulatory program. The SCS would provide specific classification on whether a drug or other substance is prohibited. Also, the SCS Is annually updated and lends itselfto immediate decisionmaking by physicians, motor carriers, drivers, and BMCS personnel about the use, possession, transportation of,and driver

HeinOnline -- 49 Fed. Reg. 44210 1984