Federal Register / Vol. 63, No. 76 /Tuesday, April 21, 1998 /Rules and Regulations 19657

Regulatory History

As authorized by 5 U.S.C. 553, a

notice of proposed rulemaking (NPRM)

was not published for this regulation.

Good cause exists for not publishing an

NPRM and for making this regulation

effective in less than 30 days after

Federal Register publication. Due to the

complex planning and coordination

involved, final details for the channel

closure were not provided to the Coast

Guard until April 3, 1998, making it

impossible to publish an NPRM or a

final rule 30 days in advance.

Publishing an NPRM and delaying its

effective date would effectively suspend

construction of the new Bath/Woolwich

Bridge which would be contrary to the

public interest.

Background and Purpose

A portion of the Kennebec River will

be closed to all marine traffic from May

10, 1998 at 7 a.m. until October 1, 1998

at 7 a.m. The safety zone covers a

portion of the Kennebec River in a

radius of 100 feet around each of two

construction barges, which will be

functioning as platforms for cranes, and

operating in the vicinity of the Carlton

Bridge, Bath, Maine. This safety zone is

required to protect construction

personnel and the maritime community

from the hazards associated with heavy

bridge construction. Vessels and

recreational craft venturing close to the

construction equipment present a safety

risk to both themselves and the

construction personnel. Entry into this

zone will be prohibited unless

authorized by the Captain of the Port.

Because the safety zone encompasses

only a portion of the Kennebec River,

vessel traffic will not be impeded.

Regulatory Evaluation

This temporary final rule is not a

significant regulatory action under

section 3(f) of Executive Order 12866

and does not require an assessment of

potential costs 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 proposal to be so minimal

that a full Regulatory Evaluation under

paragraph 10e of the regulatory policies

and procedures of DOT is unnecessary.

This safety zone involves only a portion

of the Kennebec River. The effect of this

regulation will not be significant for

several reasons: the area covered by the

safety zone restricts only a portion of

the main channel allowing traffic to

continue to pass through; advance

coordination of port operations around

the channel closure has been

established to minimize the effect on

commercial vessel traffic; and advance

maritime advisories will be made.

Small Entities

Under the Regulatory Flexibility Act

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

must consider whether this proposal

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 jurisdictions with

populations of less than 50,000.

For the reasons addressed under the

Regulatory Evaluation above, the Coast

Guard expects the impact of this

regulation to be minimal and certifies

under section 605(b) of the Regulatory

Flexibility Act (5 U.S.C. 601 et seq.) that

this final rule will not have a significant

economic impact on a substantial

number of small entities. If, however,

you think that your business or

organization qualifies as a small entity

and that this rule will have a significant

economic impact on your business or

organization, please submit a comment

explaining why you think it qualifies

and in what way and to what degree this

rule will economically affect it.

Collection of Information

This rule contains no collection of

information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Federalism

The Coast Guard has analyzed this

rule under the principles and criteria

contained in Executive Order 12612 and

has determined that this rule does not

have sufficient federalism implications

to warrant the preparation of a

Federalism Assessment.

Environment

The Coast Guard has considered the

environmental impact of this regulation

and concluded that, under section

2.B.2.e. of Commandant Instruction

M16475.1B, (as revised by 59 FR 38654,

July 29, 1994), this rule is categorically

excluded from further environmental

documentation. A Categorical Exclusion

Determination and an Environmental

Analysis Checklist is available in the

docket for inspection or copying.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Waterways.

Regulation

For the reasons set out in 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;

49 CFR 1.46.

2. A temporary section, 165.T01–

CGD1–141, is added to read as follows:

§ 165.T01-029 Carlton Bridge Construction

Project, Bath, ME.

(a) Location. The safety zone covers a

portion of the Kennebec River in a

radius of 100 feet around each of two

construction barges operating in the

vicinity of the Carlton Bridge, Bath,

Maine.

(b) Effective date. This regulation is

effective from May 10, 1998 at 7 a.m.

until October 01, 1998 at 7 a.m. unless

terminated sooner by the Captain of the

Port.

(c) Regulations. The general

regulations contained in 33 CFR 165.23

apply.

Dated: April 7, 1998.

Burton S. Russell,

Commander, U.S. Coast Guard, Captain of

the Port, Portland, Maine.

[FR Doc. 98–10549 Filed 4–20–98; 8:45 am]

BILLING CODE 4910–15–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 187

[CGD 89–050]

RIN 2115–AD35

Vessel Identification System; Effective

Date Change

AGENCY: Coast Guard, DOT.

ACTION: Interim final rule; change in

effective date.

SUMMARY: The Coast Guard extends the

delay of the effective date of part of its

regulations establishing the vessel

identification system. Subpart D of these

regulations addressing guidelines for

State vessel titling systems was to

become effective on April 24, 1998.

Based on comments received from the

States and banking interests, the Coast

Guard needs more time to address the

issues raised. Therefore, by extending
19658 Federal Register / Vol. 63, No. 76 /Tuesday, April 21, 1998 /Rules and Regulations

the delay in the effective date through

April 23, 1999, the Coast Guard, States,

and public will have an opportunity to

further review the issues identified. The

remainder of the regulation is

unaffected by this notice.

EFFECTIVE DATES: This document is

effective April 23, 1998. The effective

date of Subpart D of 33 CFR part 187 is

delayed until April 24, 1999. All other

provisions of the interim final rule that

became effective on April 24, 1996, will

remain effective, as stated in the interim

final rule.

FOR FURTHER INFORMATION CONTACT:

Lieutenant James Whitehead, Project

Manager, Officer of Information

Resources (G–MRI), 202–267–0385. This

telephone is equipped to record

messages on a 24-hour basis.

SUPPLEMENTARY INFORMATION:

Reason for Suspension

One subpart of the interim final rule

prescribes the procedures for obtaining

certification of compliance with

guidelines for State vessel titling

systems (33 CFR part 187, subpart D).

The effective date of that subpart was

delayed through April 23, 1998, to allow

the States and the Coast Guard more

time to review the complexities of State

titling systems. Due to the comments

received during the additional comment

period from October 20, 1997, through

December 4, 1997, the Coast Guard

needs more time to consider the many

substantive changes recommended in

those comments. Therefore, the Coast

Guard is delaying the effective date of

subpart D until April 24, 1999. All other

provisions of the interim final rule will

remain in effect.

Accordingly, under the authority of

46 U.S.C. 2103 and 49 CFR 1.46, the

effective date of 33 CFR part 187,

subpart D, is changed to April 24, 1999.

Dated: April 14, 1998.

Joseph J. Angelo,

Acting Assistant Commandant for Marine

Safety and Environmental Protection.

[FR Doc. 98–10552 Filed 4–20–98; 8:45 am]

BILLING CODE 4910–15–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[WA 66–71741a; FRL–5998–3]

Approval and Promulgation of

Implementation Plans: Washington

AGENCY: Environmental Protection

Agency.

ACTION: Direct final rule.

SUMMARY: Environmental Protection

Agency (EPA) approves in part several

minor revisions to the state of

Washington Implementation Plan (SIP).

Pursuant to section 110(a) of the Clean

Air Act (CAA), the Director of the

Washington Department of Ecology

(Ecology) submitted a request to EPA

dated December 30, 1997, to revise

certain regulations of a local air

pollution control agency, namely, the

Puget Sound Air Pollution Control

Agency (PSAPCA).

DATES: This action is effective on June

22, 1998 unless adverse or critical

comments are received by May 21, 1998.

If the effective date is delayed, timely

notice will be published in the Federal

Register.

ADDRESSES: Written comments should

be addressed to: Montel Livingston, SIP

Manager, Office of Air Quality (OAQ–

107), EPA, 1200 Sixth Avenue, Seattle,

Washington 98101.

Documents which are incorporated by

reference are available for public

inspection at the Air and Radiation

Docket and Information Center,

Environmental Protection Agency, 401

M Street, SW, Washington, D.C. 20460.

Copies of material submitted to EPA

may be examined during normal

business hours at the following

locations: EPA, Region 10, Office of Air

Quality (OAQ–107), 1200 Sixth Avenue,

Seattle, Washington 98101, and WDOE,

P.O. Box 47600, Olympia, Washington

98504.

FOR FURTHER INFORMATION CONTACT:

Christi Lee, Washington Operations

Office, EPA, 300 Desmond Drive, Suite

102, Lacey, Washington 98503, (360)

753–9079.

SUPPLEMENTARY INFORMATION:

I. Background

A submittal from Ecology, dated

December 30, 1997, was sent to EPA and

consisted of minor amendments to

PSAPCA Regulation I.

Ecology and PSAPCA held public

hearings on September 11, 1997. The

minor revisions became effective on

November 1, 1997, and were adopted by

Ecology as part of the Washington State

Implementation Plan on December 30,

1997.

Regulation I, section 3.11, Civil

Penalties, is amended to adjust

maximum penalty amounts for inflation.

Sections 5.05, 5.07, 6.04, and 6.10 are

amended to include updates to adjust

the fees for the registration and notice

of construction programs in order to

cover the costs of administering the

programs.

II. Summary of Action

EPA is, by today’s action, approving

the following revisions submitted by

Ecology on December 30, 1997, as

amendments to the regulations of

PSAPCA and for inclusion into the SIP:

Regulation I.

• Section 3.11, Civil Penalties.

• Section 5.05, General Reporting

Requirements for Registration.

• Section 5.07, Registration Fees.

• Section 6.04, Notice of Construction

Review Fees.

• Section 6.10, Work Done Without

an Approval.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

request for revision to any state

implementation plan. Each request for

revision to the state implementation

plan shall be considered separately in

light of specific technical, economic,

and environmental factors, and in

relation to relevant statutory and

regulatory requirements.

EPA is publishing this rule without

prior proposal because the Agency

views this as a noncontroversial

amendment and anticipates no adverse

comments. However, in the proposed

rules section of this Federal Register

publication, EPA is publishing a

separate document that will serve as the

proposal to approve the SIP revision

should relevant adverse comments be

filed. This rule will be effective June 22,

1998 without further notice unless the

Agency receives relevant adverse

comments by May 21, 1998.

If the EPA receives such comments,

then EPA will publish a document

withdrawing the final rule and

informing the public that the rule did

not take effect. All public comments

received will then be addressed in a

subsequent final rule based on the

proposed rule. The EPA will not

institute a second comment period on

the proposed rule. Only parties

interested in commenting on the

proposed rule should do so at this time.

If no such comments are received, the

public is advised that this rule will be

effective on June 22, 1998 and no

further action will be taken on the

proposed rule.

III. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget

(OMB) has exempted this regulatory

action from E.O. 12866 review.

B. Regulatory Flexibility Act

Under the Regulatory Flexibility Act,

5 U.S.C. 600 et seq., EPA must prepare

a regulatory flexibility analysis