3036 Federal Register / Vol. 63, No. 13 / Wednesday, January 21, 1998 / Rules and Regulations

Pacific Exchange have total assets of

$5,000,000 or less. In addition, the proposed

rule imposes no record-keeping or

compliance burden, but merely exempts

certain qualifying securities from state law

registration requirements.

Dated: January 2, 1998.

Arthur Levitt, Jr.,

Chairman.

[FR Doc. 98–1295 Filed 1–20–98; 8:45 am]

BILLING CODE 8010–01–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD11–97–004]

RIN 2115–AE46

Special Local Regulation; Laughlin,

Nevada

AGENCY: Coast Guard, DOT.

ACTION: Final Rule.

SUMMARY: The Coast Guard amends the

table of events in 33 CFR 100.1102 by

adding the Laughlin Aquamoto Sports

Challenge and Expo being conducted in

the waters of the Colorado River from

Davis Dam south to Harrah’s Hotel and

Casino on the following dates: annually,

commencing on the last Thursday of

May every year, and lasting a total of 4

days, ending on Sunday. These

regulations are necessary to provide for

the safety of life, property, and

navigation on the navigable waters of

the United States during scheduled

events.

EFFECTIVE DATE: May 28, 1998.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Mike A. Arguelles, Coast

Guard Marine Safety Office San Diego;

telephone number (619) 683–6484.

SUPPLEMENTARY INFORMATION:

Regulatory History

On March 27, 1997, the Coast Guard

published a notice of proposed

rulemaking (NPRM) for this regulation

in the Federal Register (62 FR 14379).

The comment period ended May 10,

1997. The Coast Guard received one

letter commenting on the proposal. A

public hearing was not requested and no

hearing was held. The only change the

Coast Guard has made to the language

of this regulation since the publication

of the NPRM is to specify a more certain

date and time schedule for the annual

Laughlin Aquamoto Sports Challenge

and Expo.

Background and Purpose

The Laughlin Aquamoto Sports

Challenge and Expo will consist of five

various styles of watercraft racing. The

races will take place, annually, over a

four day period beginning on the last

Thursday of May, and ending on

Sunday. These regulations are necessary

to provide for the safety of life, property,

and navigation on the navigable waters

of the United States during scheduled

events. The race zone encompasses the

Colorado River from the Davis Dam

south to Harrah’s Hotel and Casino. The

race courses will be marked by vessels

with signs, and both north and south

boundaries of the race zone will have

major signs to alert non-participants

using the river. On the following days

and times, the race zone will be in use

by vessels competing in the event: (1)

the first day of the event, the last

Thursday of each May each year, from

3:00 PM PDT to 5:00 PM PDT, (2) the

second day of the event, Friday, from

8:00 AM PDT to 2:00 PM PDT, and from

3:30 PM PDT to 6:00 PM PDT, (3) the

third day of the event, Saturday, from

8:00 AM PDT to 1:30 PM PDT, and from

4:00 PM PDT to 5:00 PM PDT; and, (4)

the fourth and final day of the event,

Sunday, from 9:00 AM PDT to 1:30 PM

PDT, from 3:00 PM PDT to 4:00 PD PDT,

and from 6:00 PM PDT to 7:00 PM PDT.

During these times the Colorado River

from Davis Dam south to Harrah’s Hotel

and Casino will be closed with the

exception of emergency vessels. No

vessels other than participants or

official patrol vessels will be allowed to

enter this zone unless specifically

cleared by or through an official patrol

vessel. Once the zone is established,

authorization to remain within the zone

is subject to termination at any time.

The Patrol Commander may impose

other restrictions within the zone if

circumstances dictate. Restrictions will

be tailored to impose the least impact on

maritime interests yet provide the level

of security deemed necessary to safely

conduct the Aquamoto and Expo.

Discussion of Comments

The only comment received was from

a local business that sought notice of the

exact date of the event. The comment

also expressed concern that closure of

the area of the Colorado River specified

in the NPRM for an entire Saturday

afternoon in May or June might

prejudice business; suggested that the

river be open for unrestricted use on

Saturday afternoon from 1 p.m. PDT

until Sunday morning. The language of

this Final Rule provides the public with

more specific notice of the date and

time schedule for the annual Laughlin

Aquamoto Sports Challenge and Expo. It

also alleviates the concern that the river

not be closed for an entire Saturday

afternoon, because on Saturday, the

river will be open from 1:30 P.M. PDT

to 4 P.M. PDT, and from 5 P.M. PDT on.

Regulatory Evaluation

This regulation is not a significant

regulatory action under section 3(f) of

Executive Order 12866 and does not

require assessment of potential cost and

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

order. It has been exempted from review

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 regulation to be so

minimal that a full Regulatory

Evaluation under paragraph 10(e) of the

regulatory policies and procedures of

the Department of Transportation is

unnecessary.

Small Entities

Under the Regulatory Flexibility Act

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

must consider whether this rule will

have a significant economic impact on

a substantial number of small entities.

‘‘Small entities’’ may include small

businesses and not-for-profit

organizations that are not dominant in

their fields and (2) governmental

jurisdictions with populations less than

50,000. Because it expects the impact of

this proposal to be so minimal, the

Coast Guard certifies under section

605(b) of the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.) that this proposal,

if adopted, will not have a substantial

impact on a significant number of small

entities.

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

regulation under the principles and

criteria 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 considered the

environmental impact and concluded

that under paragraph 2.B.2 of

Commandant Instruction M16475.1B as

revised in 59 CFR 38654, July 29 1994

and 61 FR 13563, March 27, 1996, it

will have no significant environmental

impact and it is categorically excluded

from further environmental
Federal Register / Vol. 63, No. 13 / Wednesday, January 21, 1998 / Rules and Regulations 3037

documentation. A Categorical Exclusion

Determination and environmental

analysis checklist will be available for

inspection and copying in the docket to

be maintained at the address listed in

ADDRESSES.

List of Subjects in 33 CFR Part 100

Marine safety, Navigation (water),

Regattas and Marine parades.

Regulation

For the reasons set out in the

preamble the Coast Guard proposes to

amend 33 CFR Part 100, section

100.1102, Table I, as follows:

PART 100—[AMENDED]

1. The authority citation for Part 100

continues to read as follows:

Authority: 33 U.S.C. 1233; 49 CFR 1.46.

2. Section 100.1102, Table I is

amended by adding an entry for the

Laughlin Aquamoto Sports Challenge

and Expo immediately following the

entry for the Laughlin Classic to read as

follows:

§ 100.102— Marine Events on the

Colorado River, between Davis Dam

(Bullhead City, Arizona) and Headgate Dam

(Parker, Arizona).

* * * * *

Table 1

* * * * *

Laughlin Aquamoto Sports Challenge

and Expo

Sponsor: Baja Promotions

Dates: The last Thursday of May every

year, lasting a total of 4 days, ending on

Sunday, per the following schedule: 1.)

the first day of the event, the last

Thursday of May each year, from 3 p.m

PDT to 5 p.m. PDT, 2.) the second day

of the event, Friday, from 8 a.m. PDT to

2 p.m. PDT, and from 3:30 p.m. PDT to

6 p.m. PDT, 3.) the third day of the

event, Saturday, from 8 a.m. PDT to 1:30

p.m. PDT, and from 4 p.m. PDT to 5

p.m. PDT; and, 4.) the fourth and final

day of the event, Sunday, from 9 a.m.

PDT to 1:30 p.m. PDT, from 3 p.m. PDT

to 4 p.m. PDT, and from 6 p.m. PDT to

7 p.m. PDT.

Where: That portion of the Colorado

River near Laughlin, Nevada, from Davis

Dam to Harrah’s Hotel and Casino.

Dated: December 19, 1997.

J.C. Card,

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

Eleventh Coast Guard District.

[FR Doc. 98–1270 Filed 1–20–98; 8:45 am]

BILLING CODE 4910–14–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[MO 041–1041; FRL–5948–4]

Approval and Promulgation of

Implementation Plans; State of

Missouri

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: The EPA is approving

revisions to the Missouri State

Implementation Plan (SIP) related to the

regulation of emissions of particulate

matter as fugitive dust. These revisions

include the addition of a new fugitive

dust rule which replaces four previous

fugitive dust rules. The new fugitive

dust rule provides a consistent and

enforceable mechanism to help

maintain compliance with the National

Ambient Air Quality Standards

(NAAQS) for particulate matter.

DATES: This rule is effective on February

20, 1998.

ADDRESSES: Copies of the documents

relevant to this action are available for

public inspection during normal

business hours at the: Environmental

Protection Agency, Air Planning and

Development Branch, 726 Minnesota

Avenue, Kansas City, Kansas 66101; and

the EPA Air & Radiation Docket and

Information Center, 401 M Street, SW.,

Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT:

Aaron J. Worstell at (913) 551–7787.

SUPPLEMENTARY INFORMATION:

I. Background and Purpose

A. Introduction

On August 15, 1997, the EPA

proposed revisions to the Missouri SIP

related to the regulation of fugitive

particulate emissions (see 62 FR 43679).

Today, the EPA is taking final action on

those proposed SIP revisions and is

responding to comments received

during the public comment period.

Missouri originally adopted new rule

10 CSR 10–6.170 (the fugitive dust rule)

on June 28, 1990. The new fugitive dust

rule replaced four previous SIPapproved rules that were rescinded by

the state on September 28, 1990

(effective date). The new fugitive dust

rule was amended by Missouri and

submitted to the EPA for SIP approval

on November 20, 1996. The SIP

revisions approved here, the

incorporation of the new fugitive dust

rule and rescission of the four previous

rules, will reconcile the Missouri state

regulations with the Federally approved

SIP. In addition, the SIP revisions will

strengthen the existing SIP by making

the fugitive control requirements

consistent throughout the state, by

clarifying the actions which constitute

prohibited emissions, and by clarifying

the types of measures which must be

implemented to minimize such

emissions.

B. Response to Comments

On September 2, 1997, the EPA

received comments from the Missouri

AG Industry Council (MO–AG) on the

proposed fugitive dust SIP revisions.

Subsequently, the EPA received

comments from the Missouri Limestone

Producers Association (MLPA) on

September 5, 1997, and additional

comments from MO–AG on September

11, 1997. Many of the comments

submitted from MO–AG and MLPA

overlap and will be addressed together

where appropriate.

Both commentors contend that the

EPA has no authority to take final action

on the fugitive dust SIP revisions in

light of the pending appeal to the

Missouri Air Conservation Commission

(MACC). The appeal was requested on

behalf of MLPA, the Missouri Concrete

Association, and others, and is in regard

to the Missouri Department of Natural

Resources’ (MDNR) request that the EPA

approve 10 CSR 10–6.170 for

incorporation into the SIP.

The EPA acknowledges that an appeal

has been granted by the MACC in regard

to inclusion of the fugitive dust rule in

the Missouri SIP. However, this in no

way stays the EPA’s processing of the

SIP revisions. The fugitive dust rule was

submitted by the Director of the MDNR

on February 24, 1997, pursuant to

authority granted by the Missouri

statutes and rule 10 CSR 10–

1.010(2)(B)6. Moreover, Missouri has

not withdrawn its request to include the

fugitive dust rule in the SIP. Therefore,

the EPA has determined that Missouri’s

submission meets the requirements of

40 CFR 51.103(a), relating to procedures

for submission of plan revisions.

Additionally, the commentors dispute

the EPA’s statement that the fugitive

dust rule will help maintain compliance

with the PM10 NAAQS. The

commentors assert that the EPA has

failed to provide sufficient scientific

evidence to support this claim, that it is

contrary to assertions made by MDNR

staff when the consolidated rule was

originally adopted, that the fugitive dust

rule is in fact a ‘‘nuisance rule,’’ and

that EPA entered into an ‘‘agreement’’

with the MDNR not to include the

fugitive dust rule in the SIP. The EPA

does not believe that any of the