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Citation: 49 Fed. Reg. 44208 1984 

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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 of Canada

reported (by telephone) that they did not

receive the public notice in time to

submit comments before the closing date. This led the Coast Guard to

suspect that no addresses m Canada

received this notice in a timely manner.

Since the northerly shore of Missisquoi Bay is m Canada and Canadian

registered vessels regularly transit the

bridge, input from this sector was

deemed necessary to fully evaluate the

proposed regulation. On April 24,1984, the Coast Guard

published a final rule (49 FR 17450) that

reorganized Coast Guard regulations for

drawbridges (Part 117 of Title 33, Code

of Federal 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 Ernest J. Feemster, project manager, and Mary Ann

Ansman, project attorney. Discussion of Comments: Six written

responses were received on proposed regulations to allow the bridge to open

on signal from 9 a.m. to 5 p.m. from June

15 through September 15 with 24 hours

notice at all other times. Three

government agencies and one marner

who sold his 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 of 22 other waterway users

who objected to the regulations. Objections were made because the

proposed regulations did not respond to

the needs of boaters of the area. It was

reported that boaters frequently use the

waterway.m the summer from Friday morning through Monday and this was

not accounted for in the proposed regulations. The maners suggested that

the draw open on signal from June 15

through September 15 on Tuesday through Thursday between 9 a.m. and 5

p.m., and on Friday 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 of the responsibility to

man the draw during certain periods are

being issued. These regulations will

require that the 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 24 hours notice will

continue to be required.

Existing regulations require the bridge

to open on signal from June 15 through

September 15 from 7 a.m. to 11 p.m. with

24 hours notice at all other times.

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 (44 FR 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 of these

regulations is expected to be minimal,

the Coast Guard certifies that they will

not have a significant economic impact on a substantial number of small

entities.

List of Subjects m 33 CFR Part 117

Bridges.

Regulations: In consideration of the

foregoing, Part 117 of Title 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, if at least two

hours notice is given.

(2) From September 16 through June

14, if at 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. Coast Guard, Commander,

Third Coast Guard Distnct.

[FR Do. 84-29003 Filed 11--84 : .45 al]

BILNG CODE 4910-14M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[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 to nonattamment 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 of the 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 1984
Federal 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 Air Act Amendments of

1977 required states to revise their SIPs

by January 1979 for all areas that had

not attained the national ambient air

quality standards (NAAQS). These 1979

SIP revisions were to provide for

attainment of the 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

of all 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 of Nevada

submitted the 1982 CO SIP revision for

the Las-Vegas Valley. On February 3,

1983 (48 FR 5073) EPA proposed to

disapprove the revision overall because

the delay in implementing the vehicle

inspection and maintenance (JIM)

program did not represent-an

implementation schedule which was as

expeditious as practicable. All other

portions of the Las Vegas CO SIP

revision were proposed to be approved.

For a detailed discussion of the major

JIM deficiency and EPA's evaluation of

the other portions of the SIP revision,

please refer to the February 3,1983

proposal notice and its accompanying

Technical Support Document (TSD).

On September 14,1983, the Governor

of Nevada 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 the previously

EPA approved I/M rules and regulations

(46,FR 21758; April 14,1981) which cover

both the'Las Vegas Valey and Truckee

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 of Motor

Vehicles began implementing an annual

JIM program in Clark and Washoe

Counties. On February 21,1984 (49 FR

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 1982 Las Vegas

Valley SIP revision for CO. For a

detailed discussion of the September 14,

1983 submittals, please refer to the

February 21,1984 notice of proposed

rulemaking. The February 21,1934

notice and its related TSD also contain

EPA's response to four comments wich

were received on EPA's initial proposed

rulemakmg on the 1982 Las Vegas

Valley SIP revision for CO published

February 3,1983.

Today's notice takes final action to

approve both the 1982 Las Vegas Valley

SIP revision for CO and the September

14,1983IIM revisions for the Las Vegas

Valley and Truckee Meadows. Today's

final actions are the same as those

proposed on February 21,1984 (49 FR

6386).

Public Comments

EPA received one comment on the

actions it proposed in the February 21,

1984 Federal Register. The Nevada

Department of Conservation and

Natural Resources commented that It

supports EPA's proposed approval of the

September 14,1983 I/M revisions and

the 1982 Las Vegas Valley SIP revision

for CO.

EPA Action

Nevada's June 23,1982 and September

14,1983 submittals have been evaluated

for conformance with the requirements

of-Part D of the Clean Air Act and EPA

policy. They are found to be 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 SIP for the Las

Vegas Valley and Truckee Meadows

under Section 110 of the CAA and (2) to

fully approve the 1982 Las Vegas Valley

SIP revision for CO and incorporate It

into the SIP under section 110 of the

CAA.

This notice also corrects an

adnmistrative error made in an August

8,1984 (49 FR 31683) notice of final

rulemaking. The August 8,1984

rulemaking inadvertently deleted

portions of 40 CFR 52.1470 which had

been incorporated by reference on

March 27,1984 (49 FR 11626).

Regulatory Process

The Office of Management and Budget

has exempted this revision from the

requirements of section 3 of Executive

Order 12291.

Incorporation by reference of the

State Implementation Plan for the State

of Nevada was approved by the Director

of the Federal Register on July 1,1982.

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

Air Act. judicial review of this action is

available only by the filing of a petition

for review in the United States Court of

Appeals for the appropriate circuit

within 60 days of today. Under section

307(b)(2) of the Clean AirAct, the

requirements which are the subject of

today's notice may not be challenged

later in civil or criminal proceedings

brought by EPA to enforce these

requirements.

Authority- Secs. 110.129,171 to 178 and

301(a) of the Clean Air Act as amended (42

U.S.C. 7410.7429.7501. to 7508 and 7601(a)).

List of Subjects in 40 CFR Part 52

Air pollution control. Carbon

monoxide, Incorporation by reference.

Dated. October 19,1984.

VWilliam D. Ruckelshaus,

Adnumstrotor.

PART 52--[AMENDED]

Subpart DD of Part 52. Chapter L Title

40 of the Code of Federal Regulations is

amended as follows:

Subpart DD-Nevada

1. Section 52.1470 is amended by

revising paragraph (c)(26], and by

adding paragraph (c](32) as follows:

§ 52.1470 Identification of plan.

C)

(26) The following amendments to the

plan were submitted on September 14.

1983 by the Governor.

(i) Amendments to Chapter 445 of the

Nevada Administrative Code.

(A) New or amended 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 1982 Update

except for the attainment and RFP

demonstrations and Legally Enforceable

Measures portions of the plan.

(iii) Amendments related to Nevada's

inspection and maintenance (I/M)

program.

(A) State legislation (AB 677) which

defers the start-up of the annual I/M

program from July 1.1983 to October 1,

1983.

(B) An I/M public education plan.

HeinOnline -- 49 Fed. Reg. 44209 1984
44210 Federal Register / Vol. 49, No. 215 / Monday, November 5, 1984 / Rules and Regulations

(C) Revisions to the Engine Emission

Control Regulations (Nevada

Administrative Code 455.851 to 445.945).

(32) The Las Vegas Valley 1982 Air

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 of this

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 of Science and

Technology, Washington, DC 20554,

(202) 653-8247

SUPPLEMENTARY INFORMATION:

List of Subjects m 47 CFR Part 15

Communications equipment labelling.

Order

In the matter of Part 15 requirements pertaining to certification and labelling of low

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 for low power communication devices manufactured

before October 1,1975, are obsolete. As

of October 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 the retail distribution

chain. It is reasonable to assume that by

now all equipment produced prior to

October 1, 1975, has been sold. To the

best of our knowledge, no enforcement

questions concerning equipment that fell

under these requirements have come up in several years. Therefore these

requirements are no longer necessary and should be deleted. Deletion of these

requirements would not affect the

operational status of any such

equipment still in use.

§§ 15.135 and 15.136 [Removed]

2. In light of the above, notice and

comment on whether to retain these

requirements are considered

unnecessary. Accordingly, it is ordered

that § § 15.135 and 15.136 are removed in

their entirety, effective December 3,

1984.

3. For further information concerning

this Order, contact Julius P Knapp,

Office of Science 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.

[FR Doe. 84-29F28Fled 12-2-4: &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]

Qualifications of 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) to incorporate into

the driver qualifications rules and the

driving rules, prohibitions in the

transportation, possession, and use of

drugs and other substances listed in

Schedule I of the 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. At present many of these

substances are not prohibited under the

rules. The addition of Schedule I drugs

and other substances to the rules will

enable the motor carrier industry to

reduce the risk of driver 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 of Motor

Carrier Safety, 202-426-9767; or Mrs.

Kathleen S. Markman, Office of the

Chief Counsel, 202-426-0346, Federal

Highway Administration, Department of

Transportation, 400 Seventh Street, SW.,

Washington, D.C. 20590, Office hours

are from 7:45 a.m. to 4:15 p.m. ET,

Monday through Friday.

SUPPLEMENTARY INFORMATION. The

FMCSR's current rules concerning drugs and other substances are found in 49

CFR 391.15 Disqualification of drivers,

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 If that person posesses, Is

under the influence of, or Is using, a

narcotic drug, narcotic drug derivatives,

an amphetamine, formulations of an

amphetamine, or any other dangerous

substance.

On November 24,1980, the FHWA

Issued a notice of proposed rulemaking

(NPRM), Qualifications of Drivers and

Driving of Motor 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 of 1970 (Pub. L 91-513, 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 drug regulatory program. The

SCS would provide specific

classification on whether a drug or other

substance is prohibited. Also, the SCS Is

annually updated and lends itself to

immediate decisionmaking by physicians, motor carriers, drivers, and

BMCS personnel about the use,

possession, transportation of, and driver

HeinOnline -- 49 Fed. Reg. 44210 1984