16082 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

transit for towing operations are

imposed by this amendment. This

regulation may also affect fleet operators

by requiring that chemical barges be

moored in a protected position within

the fleet. The regulation also requires

that, if chemical barges are to be shifted

in a fleeting area, when possible they be

shifted during the day. These

requirements are consistent with

accepted industry practice, impose

minimal financial burdens, and are

consistent with the actions of prudent

operators under the circumstances. This

rule is deemed to not have a substantial

economic impact.

Collection of Information

This rule contains no collection-ofinformation requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Federalism Implications

This action has been analyzed in

accordance with the principles and

criteria contained in Executive Order

12612, and it has been determined that

the proposed rulemaking does not have

sufficient federalism implications to

warrant the preparation of a Federalism

Assessment.

Environmental Assessment

The Coast Guard considered the

environmental impact of this proposal

and concluded that under paragraph

2.B.2.(g)(5) of Commandant Instruction

M16475.1B, this proposal is

categorically excluded from further

environmental documentation. A

‘‘Categorical Exclusion Determination’’

is available in the docket for inspection

or copying where indicated under

ADDRESSES.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(waters), Reporting and recordkeeping

requirements, Safety measures, and

Waterways.

Temporary Regulations

For the reasons set out in the

preamble the Coast Guard amends 33

CFR Part 165 as follows:

PART 165—[AMEMDED]

1. The authority citation for Part 165

continues to read as follows:

Authority: 33 U.S.C. 1231; 50 U.S.C. 191,

33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5;

46 CFR 1.46.

2. In Section 165.T08–001 paragraph

(b)(8) is revised; paragraphs (b)(9),

(b)(10), (b)(11), (b)(12), (b)(13), (b)(14),

and (b)(15) are added; and paragraph (c)

is revised to read as follows:

§ 165.T08–001 Regulated Navigation Area;

Lower Mississippi River.

* * * * *

(b) * * *

(8) For purposes of this section,

‘‘chemical barges’’ are defined as barges

authorized to carry cargoes listed under

46 CFR part 151 (Subchapter O).

(9) Chemical barges maintained in a

fleeting area shall be placed in a

protected position within the fleet.

(10) Whenever possible, shifting of

chemical barges within a fleeting area

shall be limited to daylight hours.

(11) Upbound and downbound tows

containing chemical barges shall place

them in the most protected position

within the tow configuration.

(12) For purposes of this section,

‘‘chemical ships’’ are defined as U.S.

flagged or foreign-flagged vessels subject

to the requirements of 46 CFR part 153

(Subchapter O).

(13) For purposes of this section, ‘‘gas

ships’’ are defined as U.S. flagged or

foreign-flagged vessels subject to the

requirements of 46 CFR part 154

(Subchapter O).

(14) Downbound chemical or gas

ships operating on the Lower

Mississippi River from mile 437 at

Vicksburg, MS to mile 78 above Head of

Passes shall only transit during daylight

hours.

(15) The Captain of the Port will

notify the public of changes in the status

of this zone by Marine Safety Radio

Broadcast on VHF Marine Band Radio,

Channel 22 (157.1 MHz).

(c) Effective dates. This section is

effective at 12:00 p.m. on March 29,

1997 and terminates at 12 p.m. on April

10, 1997.

Dated: March 28, 1997.

Timothy W. Josiah,

Rear Admiral, U.S. Coast Guard, Commander,

Eighth Coast Guard District.

[FR Doc. 97–8777 Filed 4–2–97; 2:44 pm]

BILLING CODE 4910–14–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 80

[FRL–5807–3]

Regulations of Fuels and Fuel

Additives: Extension of the

Reformulated Gasoline Program to the

Phoenix, Arizona Moderate Ozone

Nonattainment Area

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Withdrawal of direct final rule.

SUMMARY: Under section 211(k)(6) of the

Clean Air Act, as amended (Act), the

Administrator of EPA shall require the

sale of reformulated gasoline in an

ozone nonattainment area classified as

Marginal, Moderate, Serious, or Severe

upon the application of the governor of

the state in which the nonattainment

area is located. On February 18, 1997,

EPA issued a direct final rule (62 FR

7164) setting an effective date for the

Phoenix ozone nonattainment area to be

a covered area in the federal

reformulated gasoline (RFG) program. In

this action EPA is withdrawing the

direct final rule because subsequent to

publication, EPA received several

requests for a hearing.

DATES: This action will be effective

March 31, 1997.

ADDRESSES: Materials relevant to the

direct final rule have been placed in

Docket A–97–02. The docket is located

at the Air Docket Section, Mail Code

6102, U.S. Environmental Protection

Agency, 401 M Street, SW, Washington,

DC 20460, in room M–1500 Waterside

Mall.

Documents may be inspected on

business days from 8:00 a.m. to 5:30

p.m. A reasonable fee may be charged

for copying docket material. An

identical docket is also located in EPA’s

Region IX office in Docket A–AZ–97.

The docket is located at 75 Hawthorne

Street, AIR–2, 17th Floor, San

Francisco, California 94105. Documents

may be inspected from 9:00 a.m. to noon

and from 1:00–4:00 p.m. A reasonable

fee may be charged for copying docket

material.

FOR FURTHER INFORMATION CONTACT:

Janice Raburn at U.S. Environmental

Protection Agency Office of Air and

Radiation, 401 M Street, SW (6406J),

Washington, DC 20460, (202) 233–9000.

SUPPLEMENTARY INFORMATION: The

preamble, regulatory language and

regulatory support document are also

available electronically from the EPA

internet Web site and via dial-up

modem on the Technology Transfer

Network (TTN), which is an electronic

bulletin board system (BBS) operated by

EPA’s Office of Air Quality Planning

and Standards. Both services are free of

charge, except for your existing cost of

internet connectivity or the cost of the

phone call to TTN. Users are able to

access and download files on their first

call using a personal computer per the

following information. The official

Federal Register version is made

available on the day of publication on

the primary internet sites listed below.

The EPA Office of Mobile Sources also

publishes these notices on the

secondary Web site listed below and on

the TTN BBS.
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16083

1Applying these criteria, EPA has determined the

nine covered areas to be the metropolitan areas

including Los Angeles, Houston, New York City,

Baltimore, Chicago, San Diego, Philadelphia,

Hartford and Milwaukee.

Internet (Web)

http://www.epa.gov/docs/fedrgstr/EPAAIR/ (either select desired date or use

Search feature)

http://www.epa.gov/OMSWWW/ (look

in What’s New or under the specific

rulemaking topic)

TTN BBS: 919–541–5742

(1200–14400 bps, no parity, 8 data bits,

1 stop bit)

Voice Helpline: 919–541–5384

Off-line: Mondays from 8:00 AM to

12:00 Noon ET

A user who has not called TTN

previously will first be required to

answer some basic informational

questions for registration purposes.

After completing the registration

process, proceed through the following

menu choices from the Top Menu to

access information on this rulemaking.

<T> GATEWAY TO TTN TECHNICAL

AREAS (Bulletin Boards)

<M> OMS—Mobile Sources Information

(Alerts display a chronological list of

recent documents) <K> Rulemaking &

Reporting

At this point, choose the topic (e.g.,

Fuels) and subtopic (e.g., Reformulated

Gasoline) of the rulemaking, and the

system will list all available files in the

chosen category in date order with brief

descriptions. To download a file, type

the letter ‘‘D’’ and hit your Enter key.

Then select a transfer protocol that is

supported by the terminal software on

your own computer, and pick the

appropriate command in your own

software to receive the file using that

same protocol. After getting the files you

want onto your computer, you can quit

the TTN BBS with the <G>oodbye

command.

Please note that due to differences

between the software used to develop

the document and the software into

which the document may be

downloaded, changes in format, page

length, etc. may occur.

Regulated entities. Entities potentially

regulated by this action are those which

produce, supply or distribute motor

gasoline. Regulated categories and

entities include:

Category Examples of regulated entities

Industry ......... Petroleum refiners, motor

gasoline distributors and

retailers.

This table is not intended to be

exhaustive, but rather provides a guide

for readers regarding entities likely to be

regulated by this action. This table lists

the types of entities that EPA is now

aware could potentially be regulated by

this action. Other types of entities not

listed in the table could also be

regulated. To determine whether your

business would have been regulated by

this action, you should carefully

examine the list of areas covered by the

reformulated gasoline program in

§ 80.70 of title 40 of the Code of Federal

Regulations. If you have questions

regarding the applicability of this action

to a particular entity, consult the person

listed in the preceding FOR FURTHER

INFORMATION CONTACT section.

I. Background

As part of the Clean Air Act

Amendments of 1990, Congress added a

new subsection (k) to section 211 of the

Act. Subsection (k) prohibits the sale of

gasoline that EPA has not certified as

reformulated (‘‘conventional gasoline’’)

in the nine worst ozone nonattainment

areas beginning January 1, 1995. Section

211(k)(10)(D) defines the areas covered

by the reformulated gasoline (RFG)

program as the nine ozone

nonattainment areas having a 1980

population in excess of 250,000 and

having the highest ozone design values

during the period 1987 through 1989.1

Under section 211(k)(10)(D), any area

reclassified as a severe ozone

nonattainment area under section 181(b)

is also to be included in the RFG

program. EPA published final

regulations for the RFG program on

February 16, 1994. See 59 FR 7716.

Any other ozone nonattainment area

classified as Marginal, Moderate,

Serious, or Severe may be included in

the program at the request of the

Governor of the state in which the area

is located. Section 211(k)(6)(A) provides

that upon the application of a Governor,

EPA shall apply the prohibition against

selling conventional gasoline in any

area requested by the Governor which

has been classified under subpart 2 of

Part D of Title I of the act as a Marginal,

Moderate, Serious or Severe ozone

nonattainment area. Subparagraph

211(k)(6)(A) further provides that EPA is

to apply the prohibition as of the date

the Administrator ‘‘deems appropriate,

not later than January 1, 1995, or 1 year

after such application is received,

whichever is later.’’ In some cases the

effective date may be extended for such

an area as provided in section

211(k)(6)(B) based on a determination

by EPA that there is ‘‘insufficient

domestic capacity to produce’’ RFG.

Finally, EPA is to publish a governor’s

application in the Federal Register.

By letter dated January 17, 1997, the

Governor of the State of Arizona applied

to EPA to include the Phoenix moderate

ozone nonattainment area in the federal

RFG program. The Governor requested

an implementation date of June 1, 1997.

The direct final rule published by EPA

on February 18, 1997 (62 FR 7164)

extended the RFG program to the

Phoenix moderate ozone nonattainment

area by setting two implementation

dates. EPA set an effective date of June

1, 1997 for refiners, importers, and

distributors, and July 1, 1997 for

retailers and wholesale purchaserconsumers.

Also on February 18, 1997 EPA

published in the Federal Register a

Notice of Proposed Rulemaking (NPRM)

(62 FR 7197), in which EPA proposed to

apply the prohibitions of subsection

211(k)(5) to the Phoenix, Arizona

nonattainment area. The Agency

published both a proposed rulemaking

and a direct final rule because it viewed

setting the effective date for the addition

of the Phoenix ozone nonattainment

area to the federal RFG program as noncontroversial and anticipated no adverse

or critical comments.

II. Withdrawal of the Phoenix, Arizona

Opt-In Direct Final Rule

After publication of the direct final

rule and the proposed rule in the

Federal Register, EPA received several

requests for a hearing. A copy of these

comments can be found in Air Docket

A–97–02. (See ADDRESSES) Since EPA

received a request for a hearing, as

stipulated in the direct final rule, the

final rule adding the Phoenix ozone

nonattainment area to the RFG program

is being withdrawn by today’s action

effective immediately. Today’s

withdrawal affects the amendment of

section 80.70, paragraph (m) appearing

at 62 FR 7167 (February 18, 1997),

which would have become effective

April 4, 1997, had no adverse or critical

comments been received.

EPA is withdrawing this revision to

the regulations without providing prior

notice and an opportunity to comment

because it finds there is good cause

within the meaning of 5 U.S.C. 553(b) to

do so. Today’s withdrawal must be

effective before the date on which the

direct final rule would have been

effective, April 4, 1997. This would not

be possible were EPA to provide an

opportunity for public comment on this

withdrawal. For the same reasons, EPA

finds it has good cause under 5 U.S.C.

533(d) to make this withdrawal

immediately effective.
16084 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

2See 58 FR 51735 (October 4, 1993).

3 Id. at section 3(f)(1)–(4).

III. Statutory Authority

The Statutory authority for the action

proposed today is granted to EPA by

sections 211 (c) and (k) and 301 of the

Clean Air Act, as amended; 42 U.S.C.

7545 (c) and (k) and 7601.

IV. Environmental Impact

The federal RFG program provides

reductions in ozone-forming VOC

emissions, oxides of nitrogen (NOx), and

air toxics. Reductions in VOCs are

environmentally significant because of

the associated reductions in ozone

formation and in secondary formation of

particulate matter, with the associated

improvements in human health and

welfare. Exposure to ground-level ozone

(or smog) can cause respiratory

problems, chest pain, and coughing and

may worsen bronchitis, emphysema,

and asthma. Animal studies suggest that

long-term exposure (months to years) to

ozone can damage lung tissue and may

lead to chronic respiratory illness.

Reductions in emissions of toxic air

pollutants are environmentally

important because they carry significant

benefits for human health and welfare

primarily by reducing the number of

cancer cases each year.

The Arizona Governor’s Task Force

estimated that if federal RFG were

required to be sold in Phoenix, VOC

emissions would be cut by more than

nine tons/day. In addition, all vehicles

would have improved emissions and the

area would also get reductions in toxic

emissions. Today’s action means that

the Governor of Arizona’s request to

include the Phoenix ozone

nonattainment area in the federal RFG

program will not be effective beginning

June 1, 1997. Thus, the Phoenix

nonattainment area will forego the air

quality benefits that would have

resulted from a June 1, 1997

implementation date of the RFG

program.

V. Regulatory Flexibility

In the direct final rule, EPA explained

why it had determined that it was not

necessary to prepare a regulatory

flexibility analysis in connection with

that action. EPA also determined that

the direct final rule would not have a

significant economic impact on a

substantial number of small entities.

Today’s action withdraws the direct

final rule, an action that would have

revised federal regulations. Thus, it was

not necessary to prepare a regulatory

flexibility analysis. Likewise, the

withdrawal will not have a significant

economic impact on a substantial

number of small entities, because it does

not alter any currently existing federal

requirements.

VI. Executive Order 12866

Under Executive Order 12866,2 the

Agency must determine whether a

regulation is ‘‘significant’’ and therefore

subject to OMB review and the

requirements of the Executive Order.

The Order defines ‘‘significant

regulatory action’’ as one that is likely

to result in a rule that may:

(1) Have an annual effect on the

economy of $100 million or more, or

adversely affect in a material way the

economy, a sector of the economy,

productivity, competition, jobs, the

environment, public health or safety, or

State, local or tribal governments of

communities;

(2) Create a serious inconsistency or

otherwise interfere with an action taken

or planned by another agency;

(3) Materially alter the budgetary

impact of entitlements, grants, user fees,

or loan programs or the rights and

obligations of recipients thereof, or

(4) Raise novel legal or policy issues

arising out of legal mandates, the

President’s priorities, or the principles

set forth in this Executive Order.3

It has been determined that this action

is not a ‘‘significant regulatory action’’

under the terms of Executive Order

12866 and is therefore not subject to

OMB review.

VII. Unfunded Mandates

Under Section 202 of the Unfunded

Mandates Reform Act of 1995

(‘‘UMRA’’), Pub. L. 104–4, EPA must

prepare a budgetary impact statement to

accompany any general notice of

proposed rulemaking or final rule that

includes a Federal mandate which may

result in estimated costs to State, local,

or tribal governments in the aggregate,

or to the private sector, of $100 million

or more in any one year. Under Section

205, for any rule subject to Section 202

EPA generally must select the least

costly, most cost-effective, or least

burdensome alternative that achieves

the objectives of the rule and is

consistent with statutory requirements.

Under Section 203, before establishing

any regulatory requirements that may

significantly or uniquely affect small

governments, EPA must take steps to

inform and advise small governments of

the requirements and enable them to

provide input.

EPA has determined that today’s

action does not trigger the requirements

of UMRA. The action does not include

a Federal mandate that may result in

estimated annual costs to State, local or

tribal governments in the aggregate, or

to the private sector, of $100 million or

more, and it does not establish

regulatory requirements that may

significantly or uniquely affect small

governments.

List of Subjects in 40 CFR Part 80

Environmental protection, Air

pollution control, Fuel additives,

Gasoline, and Motor vehicle pollution.

Dated: March 31, 1997.

Carol M. Browner,

Administrator.

40 CFR part 80 is amended as follows:

PART 80—REGULATION OF FUELS

AND FUEL ADDITIVES

1. The authority citation for part 80

continues to read as follows:

Authority: Secs. 114, 211, and 301(a) of the

Clean Air Act, as amended (42 U.S.C. 7414,

7545 and 7601(a)).

§ 80.70 [Amended]

2. In § 80.70, paragraph (m) is

removed.

[FR Doc. 97–8670 Filed 4–3–97; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL EMERGENCY

MANAGEMENT AGENCY

44 CFR Part 64

[Docket No. FEMA–7662]

Suspension of Community Eligibility

AGENCY: Federal Emergency

Management Agency, FEMA.

ACTION: Final rule.

SUMMARY: This rule identifies

communities, where the sale of flood

insurance has been authorized under

the National Flood Insurance Program

(NFIP), that are suspended on the

effective dates listed within this rule

because of noncompliance with the

floodplain management requirements of

the program. If the Federal Emergency

Management Agency (FEMA) receives

documentation that the community has

adopted the required floodplain

management measures prior to the

effective suspension date given in this

rule, the suspension will be withdrawn

by publication in the Federal Register.

EFFECTIVE DATES: The effective date of

each community’s suspension is the

third date (‘‘Susp.’’) listed in the third

column of the following tables.

ADDRESSES: If you wish to determine

whether a particular community was

suspended on the suspension date,