14638 Federal Register / Vol. 62, No. 59 / Thursday, March 27, 1997 / Rules and Regulations

In accordance with 5 U.S.C. 553, a

notice of proposed rulemaking was not

published for this regulation and good

cause exists for making it effective in

less than 30 days after Federal Register

publication. Publication of notice of

proposed rulemaking and delay of

effective date would be contrary to the

public interest because immediate

action is necessary to prevent

downbound towing vessels from

alliding with bridges and shoreside

structures, and colliding with other

vessels, causing danger to the public.

Regulatory Evaluation

This rule is not a significant

regulatory action under section 3(f) of

Executive Order 12866 and does not

require an assessment of potential cost

and benefits under section 6(a)(3) of that

order. It has not been reviewed by the

Office of Management and Budget under

that order. It is not significant under the

regulatory policies and procedures of

the Department of Transportation (DOT)

(44 FR 11040; February 26, 1979).

The Coast Guard expects the

economic impact of this rule to be so

minimal that a full Regulatory

Evaluation under paragraph 10(e) of the

regulatory policies and procedures of

DOT is unnecessary.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guard

must consider whether this rule, if

adopted, will have a significant

economic impact on a substantial

number of small entities. ‘‘Small

entities’’ may include (1) small

businesses and not-for-profit

organizations that are independently

owned and operated and are not

dominant in their fields and (2)

governmental jurisdictional with

populations of less than 50,000. Small

entities in this case could include small

towing companies who may be affected

by this rule. Although this rule places

nighttime restrictions for tows transiting

the Baton Rouge Railroad and Highway

Bridge, these restrictions are limited to

tows of 20 or more barges and operators

may reduce the size of their tows to

transit those areas. No other restrictions

on transit are imposed so long as the

horsepower requirements are met. These

horsepower requirements are consistent

with accepted industry practice and the

actions of a prudent mariner 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.

Final Regulations

For the reasons set out in a the

preamble the Coast Guard amends 33

CFR part 165 as follows:

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. A new temporary § 165.T08–001 is

added to read as follows:

§ 165.T08–001 Regulated Navigation Area;

Mississippi River

(a) Location: The following area is a

regulated navigation area:

All waters of the Mississippi River

from one mile above the Interstate 20

Highway Bridge at Vicksburg, MS

(Lower Mississippi River Mile 437 to

Mile 88 above Head of Passes.

(b) Regulations:

(1) In accordance with general

regulations in Section § 165.11 of this

part, no downbound towboat with tow

may operate within the regulated

navigation area contrary to this

regulation.

(2) Tow boats with a brake

horsepower of 7,400 (7,400 bhp) and

greater shall be limited to a 25 barge

tow.

(3) Tow boats with a brake

horsepower of 6,000 (6,000 bhp), but

less than 7,400 bhp shall be limited to

a 20 barge tow.

(4) For all other tows the following

minimum brake horsepower

requirements apply:

(i) Loaded standard size dry cargo

barges (195′ by 35′) traveling

southbound: 300 brake horsepower per

barge minimum.

(ii) For other loaded dry cargo barges

and all loaded liquid barges

southbound: one break horsepower

minimum for each 5 deadweight tons of

cargo.

(iii) For tows consisting of empty

standard size dry cargo barges traveling

southbound at Algiers Point: 200 brake

horsepower per barge.

(iv) For tows containing mixed empty

and loaded barges, the higher, loaded,

brake horsepower standard apply (300

brake horsepower).

(5) For tows of 20 barges or larger,

downbound transit through the Baton

Rouge Railroad and Highway Bridge,

also known as the Highway 190 Bridge,

is restricted to daylight only.

(6) 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 8:30 p.m. on March 18, 1997

and terminates at 12 p.m. on April 5,

1997.

Dated: March 18, 1997.

Paul J. Prokop,

Captain, U.S. Coast Guard, Commander,

Eighth Coast Guard District, Acting.

[FR Doc. 97–7731 Filed 3–26–97; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF EDUCATION

34 CFR Parts 75, 206, 231, 235, 369,

371, 373, 375, 376, 378, 380, 381, 385,

386, 387, 388, 389, 390, 396, 610, 612,

and 630

Direct Grant Programs

AGENCY: Department of Education.

ACTION: Notice of interpretation for

fiscal year 1997 grant competitions.

SUMMARY: The Secretary interprets and

clarifies the applicability to fiscal year

1997 grant competitions of final

regulations amending the Education

Department General Administrative

Regulations (EDGAR) governing

discretionary grant programs. The

Secretary takes this action to explain the

limited circumstances under which a

program may use the selection criteria

formerly available under EDGAR.

EFFECTIVE DATE: March 27, 1997.

FOR FURTHER INFORMATION CONTACT:

Margo Anderson, U.S. Department of
Federal Register / Vol. 62, No. 59 / Thursday, March 27, 1997 / Rules and Regulations 14639

Education, 555 New Jersey Avenue,

NW., Washington, D.C. 20208-5530.

Telephone: (202) 219–2005. Individuals

who use a telecommunications device

for the deaf (TDD) may call the Federal

Information Relay Service (FIRS) at 1–

800–877–8339, between 8 a.m. and 8

p.m., Eastern time, Monday through

Friday.

SUPPLEMENTARY INFORMATION: On March

6, 1997, the Secretary published final

regulations amending EDGAR to

improve the selection criteria governing

discretionary grant programs

administered directly by the Department

(62 FR 10398). The effective date for

these final regulations is April 7, 1997.

However, some of the Department’s

grant programs, in preparing application

notices, planned to use the pre-existing

selection criteria for fiscal year 1997

awards. The Secretary did not intend

that these competitions be required to

use the new EDGAR selection criteria in

fiscal year 1997. The Secretary therefore

issues this interpretation of the

applicability of the revised regulations.

If a program publishes an application

notice prior to April 7, 1997, for awards

to be made after that date, the program

may use the revised EDGAR selection

criteria, or may use the prior EDGAR

criteria.

Waiver of Public Comment

In accordance with the

Administrative Procedure Act (5 U.S.C.

553), it is the practice of the Secretary

to offer interested parties the

opportunity to comment on proposed

rules. Public comment was previously

taken on the existing and revised

selection criteria in 34 CFR Part 75 that

are the subject of this notice. Moreover,

this notice interprets the applicability of

the respective selection criteria to grant

awards for fiscal year 1997. Therefore,

public comment is not required under 5

U.S.C. 553(b)(A). Since this notice

corrects an error in failing to explain the

applicability of the revised regulations,

public comment also is unnecessary

under 5 U.S.C. 553(b)(B). For the same

reasons, the Secretary waives the

requirement in 5 U.S.C. 553(d) for a 30-

day delayed effective date.

Dated: March 24, 1997.

Judith A. Winston,

General Counsel.

[FR Doc. 97–7813 Filed 3–26–97; 8:45 am]

BILLING CODE 4000–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[CA 184–0031a FRL–5709–3]

Approval and Promulgation of

Implementation Plans; California State

Implementation Plan Revision, San

Diego County Air Pollution Control

District

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final

action on revisions to the California

State Implementation Plan. This action

is an administrative change which

revises the definition of volatile organic

compounds (VOC) and updates the

Exempt Compound list in rules from the

San Diego County Air Pollution Control

District (SDCAPCD). The intended effect

of approving this action is to

incorporate changes to the definition of

VOC and to update the Exempt

Compound list in SDCAPCD rules to be

consistent with the revised federal and

state VOC definitions.

DATES: This action is effective on May

27, 1997 unless adverse or critical

comments are received by April 28,

1997. If the effective date is delayed, a

timely notice will be published in the

Federal Register.

ADDRESSES: Copies of the rules and

EPA’s evaluation report for these rules

are available for public inspection at

EPA’s Region IX office during normal

business hours. Copies of the submitted

rules are available for inspection at the

following locations:

Rulemaking Office (Air-4), Air Division,

U.S. Environmental Protection

Agency, Region IX, 75 Hawthorne

Street, San Francisco, CA 94105.

Environmental Protection Agency, Air

Docket (6102), 401 ‘‘M’’ Street, S.W.,

Washington, D.C. 20460.

California Air Resources Board,

Stationary Source Division, Rule

Evaluation Section, 2020 ‘‘L’’ Street,

Sacramento, CA 95814.

San Diego County Air Pollution Control

District, 9150 Chesapeake Drive, CA

92123.

FOR FURTHER INFORMATION CONTACT:

Christine Vineyard, Rulemaking Office

(Air-4), Air Division, U.S.

Environmental Protection Agency,

Region IX, 75 Hawthorne Street, San

Francisco, CA 94105, Telephone: (415)

744–1197.

SUPPLEMENTARY INFORMATION:

Applicability

The rules with definition revisions

being approved into the California SIP

include the following San Diego County

Air Pollution Control District Rules:

Rule 2, Definitions; Rule 67.0,

Architectural Coatings; Rule 67.1,

Alternative Emission Control Plans;

Rule 67.2, Dry Cleaning Equipment

Using Petroleum-Based Solvents; Rule

67.3, Metal Parts and Products Coating

Operations; Rule 67.5, Paper, Film, and

Fabric Coating Operations; Rule 67.7,

Cutback and Emulsified Asphalts; Rule

67.12, Polyester Resin Operations; Rule

67.15, Pharmaceutical and Cosmetic

Manufacturing Operations; 67.16,

Graphic Arts Operations; Rule 67.17,

Storage of Materials Containing Volatile

Organic Compounds; Rule 67.18,

Marine Coating Operations; and Rule

67.24, Bakery Ovens. These rules were

submitted by the California Air

Resources Board to EPA on October 18,

1996.

Background

On June 16, 1995 (60 FR 31633) EPA

published a final rule excluding acetone

from the definition of VOC. On February

7, 1996 (61 FR 4588) EPA published a

final rule excluding perchloroethylene

from the definition of VOC. On May 1,

1996 (61 FR 19231) EPA published a

proposed rule excluding HFC 43–10mee

and HCFC 225ca and cb from the

definition of VOC. These compounds

were determined to have negligible

photochemical reactivity and thus, were

added to the Agency’s list of Exempt

Compounds.

The State of California submitted

many revised rules for incorporation

into its SIP on October 18, 1996,

including the rules being acted on in

this administrative action. This action

addresses EPA’s direct-final action for

SDCAPCD Rule 2, Definitions; Rule

67.0, Architectural Coatings; Rule 67.1,

Alternative Emission Control Plans;

Rule 67.2, Dry Cleaning Equipment

Using Petroleum-Based Solvents; Rule

67.3, Metal Parts and Products Coating

Operations; Rule 67.5, Paper, Film, and

Fabric Coating Operations; Rule 67.7,

Cutback and Emulsified Asphalts; Rule

67.12, Polyester Resin Operations; Rule

67.15, Pharmaceutical and Cosmetic

Manufacturing Operations; Rule 67.16,

Graphic Arts Operations; Rule 67.17,

Storage of Materials Containing Volatile

Organic Compounds; Rule 67.18,

Marine Coating Operations; and Rule

67.24, Bakery Ovens. These rules were

adopted by SDCAPCD on May 15, 1996

and were found to be complete on

December 19, 1996, pursuant to EPA’s