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
Federal Register / Vol. 63, No. 76 /Tuesday, April 21, 1998 /Rules and Regulations 19659

assessing the impact of any proposed or

final rule on small entities. 5 U.S.C. 603

and 604. Alternatively, EPA may certify

that the rule will not have a significant

impact on a substantial number of small

entities. Small entities include small

businesses, small not-for-profit

enterprises, and government entities

with jurisdiction over populations of

less than 50,000.

SIP approvals under section 110 and

subchapter I, Part D, of the CAA do not

create any new requirements, but

simply approve requirements that the

State is already imposing. Therefore,

because the Federal SIP-approval does

not impose any new requirements, I

certify that it does not have a significant

impact on any small entities affected.

Moreover, due to the nature of the

Federal-State relationship under the

CAA, preparation of a regulatory

flexibility analysis would constitute

federal inquiry into the economic

reasonableness of State action. The CAA

forbids EPA to base its actions

concerning SIPs on such grounds.

Union Electric Co. v. E.P.A., 427 U.S.

246, 256–66 (S.Ct. 1976); 42 U.S.C.

7410(a)(2).

C. Unfunded Mandates

Under Section 202 of the Unfunded

Mandates Reform Act of 1995

(‘‘Unfunded Mandates Act’’), signed

into law on March 22, 1995, EPA must

prepare a budgetary impact statement to

accompany any proposed or final rule

that includes a Federal mandate that

may result in estimated costs to State,

local, or tribal governments in the

aggregate, or to the private sector, of

$100 million or more. Under Section

205, EPA must select the most costeffective and least burdensome

alternative that achieves the objectives

of the rule and is consistent with

statutory requirements. Section 203

requires EPA to establish a plan for

informing and advising any small

governments that may be significantly

or uniquely impacted by the rule.

EPA has determined that the approval

action promulgated does not include a

Federal mandate that may result in

estimated costs of $100 million or more

to either State, local, or tribal

governments in the aggregate, or to the

private sector. This Federal action

approves pre-existing requirements

under State or local law, and imposes

no new requirements. Accordingly, no

additional costs to State, local, or tribal

governments, or to the private sector,

result from this action.

D. Submission to Congress and the

Comptroller General

Under 5 U.S.C. 801 et seq., as

amended by the Small Business

Regulatory Enforcement Fairness Act of

1996, EPA submitted a report containing

this rule and other required information

to the U.S. Senate, the U.S. House of

Representatives, and the Comptroller

General of the General Accounting

Office prior to publication of the rule in

today’s Federal Register. This rule is

not a ‘‘major rule’’ as defined by 5

U.S.C. 804(2).

E. Petitions for Judicial Review

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

Air Act, petitions for judicial review of

this action must be filed in the United

States Court of Appeals for the

appropriate circuit by June 22, 1998.

Filing a petition for reconsideration by

the Administrator of this final rule does

not affect the finality of this rule for the

purposes of judicial review, nor does it

extend the time within which a petition

for judicial review may be filed, and

shall not postpone the effectiveness of

such rule or action. This action may not

be challenged later in proceedings to

enforce its requirements. (See section

307(b)(2), 42 U.S.C. 7607(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Fees, Incorporation by

reference, Intergovernmental relations,

Reporting and recordkeeping

requirements.

Note: Incorporation by reference of the

Implementation Plan for the State of

Washington was approved by the Director of

the Office of Federal Register on July 1, 1982.

Dated: April 6, 1998.

Chuck Clarke,

Regional Administrator, Region X.

Part 52, chapter I, title 40 of the Code

of Federal Regulations is amended as

follows:

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

Subpart WW—Washington

2. Section 52.2470 is amended by

adding paragraph (c) (77) to read as

follows:

§ 52.2470 Identification of plan.

* * * * *

(c) * * *

(77) On December 30, 1997, the

Director of the Washington State

Department of Ecology submitted to the

Regional Administration of EPA

revisions to the State Implementation

Plan consisting of minor amendments to

Puget Sound Air Pollution Control

Agency (PSAPCA) Regulation I.

(i) Incorporation by reference.

(A) PSAPCA Regulations approved—

Regulation I, Sections 3.11, 5.05, 5.07,

6.04, 6.10—State-adopted 9/11/97.

[FR Doc. 98–10399 Filed 4–20–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[CA–203–0062; FRL–5996–4]

Approval and Promulgation of State

Implementation Plans; California—

Ventura County Air Pollution Control

District

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is taking final action to

approve a state implementation plan

(SIP) revision submitted by the State of

California relating to control measures

for attaining the ozone national ambient

air quality standards (NAAQS) in the

Ventura County nonattainment area.

The submittal revises control measure

adoption schedules in the 1994 ozone

SIP for Ventura County. EPA is

approving the SIP revision under

provisions of the Clean Air Act (CAA or

the Act) regarding EPA action on SIP

submittals, SIPs for national primary

and secondary ambient air quality

standards, and plan requirements for

nonattainment areas.

EFFECTIVE DATE: This action is effective

on May 21, 1998.

ADDRESSES: The rulemaking docket for

this document may be inspected and

copied at the following locations during

normal business hours. A reasonable fee

may be charged for copying parts of the

docket.

Environmental Protection Agency,

Region 9, Air Division, Air Planning

Office, 75 Hawthorne Street, San

Francisco, CA 94105–3901.

Air and Radiation Docket and

Information Center (6102),

Environmental Protection Agency,

401 M Street, SW., Washington, DC

20460.

Copies of the SIP materials are also

available for inspection at the addresses

listed below:

California Air Resources Board, 2020 L

Street, Sacramento, California.