Federal Register / Vol. 63, No. 85 / Monday, May 4, 1998 / Proposed Rules 24515

(v) The written opinion of the

specialist shall be the definitive medical

determination. The employer shall act

consistent with the definitive medical

determination, unless the employer and

employee agree that the written opinion

of one of the other two PLHCPs shall be

the definitive medical determination.

(vi) The employer and the employee

or authorized employee representative

may agree upon the use of any

expeditious alternate health care

professional determination mechanism

in lieu of the multiple health care

professional review mechanism

provided by this paragraph so long as

the alternate mechanism otherwise

satisfies the requirements contained in

this paragraph.

* * * * *

(n) Dates.

* * * * *

(2) Start-up dates.

(i) Initial Monitoring required by

paragraph (d)(2) of this section shall be

completed according to the following

schedule:

(A) For employers with fewer than 20

employees, within 300 days after the

effective date of this section.

(B) For polyurethane foam

manufacturers with 20 to 99 employees,

within 255 days after the effective date

of this section.

(C) For all other employers, within

150 days after the effective date of this

section.

(ii) Engineering controls required

under paragraph (f)(1) of this section

shall be implemented according to the

following schedule:

(A) For employers with fewer than 20

employees: within three (3) years after

the effective date of this section.

(B) For employers with fewer than

150 employees engaged in foam

fabrication; for employers with fewer

than 50 employees engaged in furniture

refinishing, general aviation aircraft

stripping, and product formulation; for

employers with fewer than 50

employees using MC-based adhesives

for boat building and repair, recreational

vehicle manufacture, van conversion,

and upholstering; for employers with

fewer than 50 employees using MC in

construction work for restoration and

preservation of buildings, painting and

paint removal, cabinet making and/or

floor refinishing and resurfacing: within

three (3) years after the effective date of

this section.

(C) For employers engaged in

polyurethane foam manufacturing with

20 employees or more: within thirty (30)

months after the effective date of this

section.

(D) For employers with 150 or more

employees engaged in foam fabrication;

for employers with 50 or more

employees engaged in furniture

refinishing, general aviation aircraft

stripping, and product fabrication; for

employers with 50 or more employees

using MC-based adhesives in boat

building and repair, recreational vehicle

manufacture, van conversion and

upholstering; and for employers with 50

or more employees using MC in

construction work for restoration and

preservation of buildings, painting and

paint removal, cabinet making and/or

floor refinishing and resurfacing: within

two (2) years after the effective date of

this section.

(E) For all other employers: within

one (1) year after the effective date of

this section.

(iii) Employers identified in

paragraphs (n)(2)(ii) (B), (C), and (D) of

this section shall comply with the

following requirements listed in this

paragraph by the dates indicated:

(A) Use of respiratory protection

whenever an employee’s exposure to

MC exceeds or can reasonably be

expected to exceed the 8-hour TWA

PEL, in accordance with paragraphs

(c)(1), (e)(3), (f)(1) and (g)(1) of this

section: by the applicable dates set out

in paragraphs (n)(2)(ii) (B), (C) and (D)

of this section for the installation of

engineering controls.

(B) Use of respiratory protection

whenever an employee’s exposure to

MC exceeds or can reasonably be

expected to exceed the STEL in

accordance with paragraphs (e)(3), (f)(1),

and (g)(1) of this section: by the

applicable dates indicated in paragraph

(n)(2)(iv) of this section.

(C) Implementation of work practices

(such as leak and spill detection,

cleanup and enclosure of containers)

required by paragraph (f)(1) of this

section: by the applicable dates

indicated in paragraph (n)(2)(iv) of this

section.

(D) Notification of corrective action

under paragraph (d)(5)(ii) of this

section: no later than (90) days before

the compliance date applicable to such

corrective action.

(iv) Unless otherwise specified in this

paragraph (n), all other requirements of

this section shall be complied with

according to the following schedule:

(A) For employers with fewer than 20

employees, within one (1) year after the

effective date of this section.

(B) For employers engaged in

polyurethane foam manufacturing with

20 to 99 employees, within 270 days

after the effective date of this section.

(C) For all other employers, within

255 days after the effective date of this

section.

* * * * *

[FR Doc. 98–11797 Filed 5–1–98; 8:45 am]

BILLING CODE 4510–26–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 60 and 63

[AD–FRL–6003–6]

RIN 2060–AH94

Standards of Performance for New

Stationary Sources: General

Provisions; National Emission

Standards for Hazardous Air Pollutants

for Source Categories: General

Provisions

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: This action amends the

General Control Device Requirements

(40 CFR 60.18) which were issued as a

final rule on January 21, 1986, and the

Control Device Requirements (40 CFR

63.11) which were issued as a final rule

on March 16, 1994. This action amends

the flare provisions contained in these

requirements to include operating

specifications for flares that contain

substantial amounts of hydrogen in their

waste streams. EPA believes that

hydrogen-fueled flares meeting the

operating specifications in this

amendment will achieve the same

control efficiency, i.e., 98 percent or

greater, as flares complying with the

existing flare specifications. Further,

these specifications will result in

reduced emissions of carbon monoxide,

nitrogen oxides, and carbon dioxide

formed during the combustion of

supplemental fuel necessary for

hydrogen-fueled flares to comply with

existing regulations.

Because these amendments are only

adding specifications for hydrogenfueled flares and do not otherwise alter

the level of pollutant reduction required

for flares used to comply with the

requirements of the Clean Air Act, the

EPA does not anticipate receiving

adverse comments. Consequently, the

proposed revisions to the promulgated

rule are also being issued as a direct

final rule in the final rules section of

this Federal Register. If no relevant

adverse comments are received by the

due date for comments (see DATES

section), no further action will be taken

with respect to this proposal, and the
24516 Federal Register / Vol. 63, No. 85 / Monday, May 4, 1998 / Proposed Rules

direct final rule will become final on the

date provided in that action.

DATES: Comments. Comments must be

received on or before June 3, 1998,

unless a hearing is requested by May 14,

1998. If a hearing is requested, written

comments must be received by June 18,

1998.

Public Hearing. Anyone requesting a

public hearing must contact the EPA no

later than May 14, 1998. If a hearing is

held, it will take place on May 19, 1998

beginning at 10:00 a.m.

ADDRESSES: Comments. Comments

should be submitted (in duplicate, if

possible) to the Air and Radiation

Docket and Information Center (6102),

Attention Docket No. A–97–48

(Hydrogen-Fueled Flares), Room M–

1500, U. S. Environmental Protection

Agency, 401 M Street S.W., Washington,

DC 20460. The EPA requests that a

separate copy also be sent to Mr. Robert

Rosensteel (see FOR FURTHER

INFORMATION CONTACT section for

address). Comments may also be

submitted electronically by following

the instructions provided in the

SUPPLEMENTARY INFORMATION section. No

Confidential Business Information (CBI)

should be submitted through electronic

mail.

Public Hearing. If a public hearing is

held, it will be held at the EPA’s Office

of Administration Auditorium, Research

Triangle Park, North Carolina. Persons

interested in attending the hearing or

wishing to present oral testimony

should call Ms. Marguerite Thweatt,

Organic Chemicals Group, (MD–13),

U.S. Environmental Protection Agency,

Research Triangle Park, North Carolina

27711, telephone number (919) 541–

5673.

Docket. The official record for this

rulemaking has been established under

docket Number A–97–48 (HydrogenFueled Flares). A public version of this

record, including printed, paper

versions of electronic comments and

data, which does not include any

information claimed as CBI, is available

for inspection between 8 a.m. and 4

p.m., Monday through Friday, excluding

legal holidays. The official rulemaking

record is located at the address in the

ADDRESSES section. Alternatively, a

docket index, as well as individual

items contained within the docket, may

be obtained by calling (202) 260–7548 or

(202) 260–7549. A reasonable fee may

be charged for copying.

FOR FURTHER INFORMATION CONTACT: For

information concerning the technical

analysis for this rule, contact Mr. Robert

Rosensteel at (919) 541–5608, Organic

Chemicals Group, Emission Standards

Division (MD–13), U. S. Environmental

Protection Agency, Research Triangle

Park, North Carolina 27711.

SUPPLEMENTARY INFORMATION:

Electronic Filing

Electronic comments and data can be

sent directly to EPA at: a-and-rdocket@epamail.epa.gov. Electronic

comments and data must be submitted

as an ASCII file avoiding the use of

special characters and any form of

encryption. Comments and data will

also be accepted on diskette in

WordPerfect 5.1 file format or ASCII file

format. All comments and data in

electronic form must be identified by

the docket number A–97–48. Electronic

comments may be filed online at many

Federal Depository Libraries.

Electronic Availability

This document is available in docket

number A–97–48 or by request from the

EPA’s Air and Radiation Docket and

Information Center (see ADDRESSES), and

is available for downloading from the

Technology Transfer Network (TTN),

the EPA’s electronic bulletin board

system. The TTN provides information

and technology exchange in various

areas of emissions control. The service

is free, except for the cost of a telephone

call. Dial (919) 541–5742 for up to a

14,000 baud per second modem. For

further information, contact the TTN

HELP line at (919) 541–5384, from 1:00

p.m. to 5:00 p.m., Monday through

Friday, or access the TTN web site at:

www.epa.gov/ttn/oarpg/rules.html.

Regulated Entities

Entities affected by this action, upon

promulgation, will include:

Category Examples of regulated entities

Industry .... Synthetic Organic Chemical

Manufacturing Industries; and

Petroleum Refining Industries.

This table is not intended to be

exhaustive, but rather provides a guide

for readers regarding entities likely to be

affected by this action. This table lists

the types of entities that the EPA is now

aware could potentially be affected by

this action. Other types of entities not

listed in the table could also be affected.

If you have questions regarding the

applicability of these proposed

amendments to a particular entity,

consult the person listed in the

preceding FOR FURTHER INFORMATION

CONTACT section.

If no relevant, adverse comments are

timely received, no further activity is

contemplated in relation to this

proposed rule and the direct final rule

in the final rules section of this Federal

Register will automatically go into effect

on the date specified in that rule. If

relevant adverse comments are timely

received, the direct final rule will be

withdrawn and all public comment

received will be addressed in a

subsequent final rule. Because the EPA

will not institute a second comment

period on this proposed rule, any

parties interested in commenting should

do so during this comment period.

For further supplemental information

and the rule provisions, see the

information provided in the direct final

rule in the final rules section of this

Federal Register.

Administrative

A. Paperwork Reduction Act

This rule does not contain any

information collection subject to the

Office of Management and Budget

(OMB) approval under the Paperwork

Reduction Act (PRA), 44 U.S.C. 3501 et

seq.

B. Executive Order 12866 Review

Under Executive Order 12866, (58 FR

51735 (October 4, 1993)) the Agency

must determine whether the regulatory

action 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 or

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 entitlement, 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 the Executive Order.

It has been determined that this

amendment is not a ‘‘significant

regulatory action’’ under the terms of

Executive Order 12866 and is therefore

not subject to review by the Office of

Management and Budget.

C. Regulatory Flexibility Act

EPA has determined that it is not

necessary to prepare a regulatory

flexibility analysis in connection with

this proposed rule. EPA has also

determined that this rule will not have
Federal Register / Vol. 63, No. 85 / Monday, May 4, 1998 / Proposed Rules 24517

a significant economic impact on a

substantial number of small entities,

because this rule imposes no additional

regulatory requirements, but merely

expands the types of flares that may be

used to meet the requirements of 40 CFR

parts 60 and 63. The Administrator

certifies that this rule will not have a

significant economic impact on small

entities.

D. Unfunded Mandates Reform Act

Under section 202 of the Unfunded

Mandates Reform Act of 1995

(‘‘Unfunded Mandates Act’’), signed

into law on March 22, 1995, the EPA

must prepare a budgetary impact

statement to accompany any proposed

or final standards that include a Federal

mandate that may result in estimated

costs to State, local, or tribal

governments, or to the private sector, of,

in the aggregate, $100 million or more.

Under section 205, the EPA must select

the most cost effective and least

burdensome alternative that achieves

the objectives of the standard and is

consistent with statutory requirements.

Section 203 requires the EPA to

establish a plan for informing and

advising any small governments that

may be significantly or uniquely

impacted by the standards.

The EPA has determined that the final

standards do not include a Federal

mandate that may result in estimated

costs of, in the aggregate, $100 million

or more to either State, local, or tribal

governments, or to the private sector,

nor do the standards significantly or

uniquely impact small governments,

because they contain no requirements

that apply to such governments or

impose obligations upon them.

Therefore, the requirements of the

Unfunded Mandates Act do not apply to

this proposed rule.

List of Subjects

40 CFR Part 60

Environmental protection, and Air

pollution control.

40 CFR Part 63

Environmental protection, Air

pollution control, and Hazardous

substances.

Dated: April 17, 1998.

Carol M. Browner,

Administrator.

[FR Doc. 98–11261 Filed 5–1–98; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 98–58, RM–9252]

Radio Broadcasting Services;

Brewster, MA

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: This document requests

comments on a petition filed by

Brewster Broadcasting Company

proposing the allotment of Channel

232A to Brewster, Massachusetts, as that

community’s first local broadcast

service. The channel can be allotted to

Brewster with a site restriction 6.3

kilometers (3.9 miles) west of the

community at coordinates 41–46–31

and 70–00–38..

DATES: Comments must be filed on or

before June 15, 1998, and reply

comments on or before June 30, 1998.

ADDRESSES: Federal Communications

Commission, Washington, DC. 20554. In

addition to filing comments with the

FCC, interested parties should serve the

petitioner’s counsel, as follows: Gary S.

Smithwick, Smithwick & Belendiuk,

P.C., 1990 M Street, NW., Suite 510,

Washington, D.C. 20036.

FOR FURTHER INFORMATION CONTACT:

Kathleen Scheuerle, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Notice of

Proposed Rule Making, MM Docket No.

98–58, adopted April 15, 1998, and

released April 24, 1998. The full text of

this Commission decision is available

for inspection and copying during

normal business hours in the

Commission’s Reference Center (Room

239), 1919 M Street, NW., Washington,

DC. The complete text of this decision

may also be purchased from the

Commission’s copy contractors,

International Transcription Services,

Inc., 1231 20th Street, NW.,

Washington, DC. 20036, (202) 857–3800,

facsimile (202) 857–3805.

Provisions of the Regulatory

Flexibility Act of l980 do not apply to

this proceeding.

Members of the public should note

that from the time a Notice of Proposed

Rule Making is issued until the matter

is no longer subject to Commission

consideration or court review, all ex

parte contacts are prohibited in

Commission proceedings, such as this

one, which involve channel allotments.

See 47 CFR 1.1204(b) for rules

governing permissible ex parte contact.

For information regarding proper

filing procedures for comments, see 47

CFR 1.415 and 1.420.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 98–11737 Filed 5–1–98; 8:45 am]

BILLING CODE 6712–01–F

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 98–59; RM–9256]

Radio Broadcasting Services; Casper,

Wyoming

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: The Commission requests

comments on a petition filed by

Citicasters Co. proposing the allotment

of Channels 228C1, 243C1, and 263C1 at

Casper, Wyoming, as the community’s

eighth, ninth, and tenth local

commercial FM transmission services.

Channel 228C1 can be allotted to Casper

in compliance with the Commission’s

minimum distance separation

requirements with a site restriction of

7.9 kilometers southwest to avoid a

short-spacing to the allotment reference

site for Channel 228A, Moorcroft,

Wyoming. The coordinates for Channel

228C1 at Casper are North Latitude 42–

47–45 and West Longitude 106–22–53.

Additionally, Channel 243C1 can be

allotted at Casper with a site restriction

of 3.5 kilometers (2.2 miles) southeast to

avoid a short-spacing to the

construction permit site of Station

KYTI(FM), Channel 243C3, Sheridan,

Wyoming; and Channel 263C1 can be

allotted to Casper with site restriction of

9.7 kilometers (6.0 miles) southwest to

avoid a short-spacing to the licensed site

of Station KGWY(FM), Channel 264C1,

Gillette, Wyoming. See Supplementary

Information, infra.

DATES: Comments must be filed on or

before June 15, 1998, and reply

comments on or before June 30, 1998.

ADDRESSES: Federal Communications

Commission, Washington, DC 20554. In

addition to filing comments with the

FCC, interested parties should serve the

petitioner, his counsel, or consultant, as

follows: Cindy D. Jackson, Hogan &

Hartson, L.L.P., 555 13th Street, NW.,

Washington, DC 20004–1009 (Counsel

for Petitioner).