Federal Register / Vol. 63, No. 117 /Thursday, June 18, 1998 / Proposed Rules 33311

auditor about difficult accounting issues may

be just as desirable as encouraging

management to consult candidly with

outside lawyers, and for similar reasons.

Checkosky I, 23 F.3d at 485.

Accountants and attorneys are

members of ‘‘ancient professions,’’

regulated according to rigorous ethical

rules enforced by professional societies

and, in the case of accountants, state

licensing boards. I simply do not believe

that we should recast negligent

violations of an accounting standard as

improper professional conduct under

the Commission’s Rules of Practice.

That is not an appropriate role for this

Commission. Difficult ethical and

professional responsibility concerns are

generally matters most appropriately

dealt with by professional organizations

or, in certain cases, malpractice

litigation. Nor do I believe that mere

misjudgments or negligence establishes

either professional incompetence

warranting Commission disciplinary

action or the likelihood of future danger

to the Commission’s processes.

* * * * *

For all these reasons, I believe that the

Commission lacks the authority to adopt

a negligence standard under Rule

102(e). Likewise, the Commission may

only hold a professional liable for

‘‘improper professional conduct’’ only if

scienter is proven. I urge accountants

and trade groups directly subject to Rule

102(e), as well as any others who have

an interest in Rule 102(e), to submit

their views on this important matter. It

is my most fervent hope that the

Commission receives an abundance of

comment letters responding to this

release.

[FR Doc. 98–16251 Filed 6–17–98; 8:45 am]

BILLING CODE 8010–01–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD07–98–023]

RIN 2115–AE84

Regulated Navigation Area; San Juan

Harbor, San Juan, PR

AGENCY: Coast Guard, DOT.

ACTION: Notice of Proposed Rulemaking.

SUMMARY: The Coast Guard proposes to

establish a permanent regulated

navigation area in San Juan Harbor in

the vicinity of La Puntilla in San Juan,

PR. This regulated navigation area is

needed to protect personnel and vessels

moored at Coast Guard Base San Juan

from the hazards created by the wakes

of passing vessel traffic. By establishing

this permanent regulation, the Coast

Guard expects to reduce the risk of

personnel injury and property damage.

DATES: Comments must be received on

or before August 17, 1998.

ADDRESSES: Comments should be

mailed to Commanding Officer, U.S.

Coast Guard, Marine Safety Office, P.O.

Box 9023666, San Juan, PR 00902–3666.

Comments will become part of this

docket and will be available for

inspection or copying at the above

address.

FOR FURTHER INFORMATION CONTACT:

LT D.R. Xirau, Assistant Chief Port

Operations Department, USCG Marine

Safety Office San Juan at (787) 729–

6800, ext 320.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages

interested persons to participate in this

rulemaking by submitting written views,

data, or arguments. Persons submitting

comments should include their names

and addresses, identify this rulemaking

[CGD07–98–023], and the specific

section of this proposal to which each

comment applies and give the reason for

each comment. The Coast Guard

requests that all comments and

attachments be submitted in an 8′′ X 11′′

unbound format suitable for copying

and electronic filing. If this is not

practical, a second copy of any bound

material is requested. Persons

requesting acknowledgment of receipt of

comments should enclose a stamped,

self-addressed postcard or envelope.

The Coast Guard will consider all

comments received during the comment

period. It may change this proposal in

view of the comments received.

The Coast Guard plans no public

hearing. Persons may request a public

hearing by writing to Commanding

Officer, Marine Safety Office San Juan at

the address under ADDRESSES. The

request should include the reasons why

a hearing would be beneficial. If the

Coast Guard determines that the

opportunity for oral presentations will

aid this rulemaking, it will hold a public

hearing at a time and place announced

by a later notice in the Federal Register.

Background and Purpose

These proposed regulations create a

regulated navigation area requiring all

vessels to maintain minimum

steerageway in the vicinity of Coast

Guard Base San Juan. These proposed

regulations are necessary to provide for

the safety of personnel and the

protection of vessels that are moored

alongside the piers at Coast Guard Base

San Juan. Coast Guard Base San Juan is

located at La Puntilla in Old San Juan,

at a junction of major channels in the

San Juan Harbor. The Coast Guard

believes that a significant risk exists

under current conditions because wakes

cause damage to vessels and the piers,

and create major safety hazards to

personnel working onboard moored

vessels.

The vessels most affected by wakes at

Base San Juan are 110-foot Coast Guard

patrol boats and other smaller vessels.

Heavy wakes have caused moored

vessels to roll up to 15 degrees without

warning. This places Coast Guard

personnel working onboard these

vessels at higher risk of injury due to the

unexpected movement brought on by

wakes. Moreover, while heavy

equipment and supplies are being

moved on a vessel, a sudden roll could

cause the load to be dropped or the

personnel carrying the load to lose their

balance, possibly resulting in serious

injury. There have been many ‘‘near

miss’’ incidents which could have

proven fatal if personnel had been

directly involved, including heavy

hatches secured in the open position

being jarred loose by strong wakes and

slamming shut without warning.

Heavy wakes also cause damage to

property at Coast Guard Base San Juan.

Vessel hulls, cleats, stanchions, and

gangways have been bent or parted.

Piers have deteriorated more rapidly

due to the added stresses of vessels

affected by wakes. In addition, electrical

shore ties and fueling hoses have been

pulled loose, creating very hazardous

situations. By establishing a minimum

steerageway in the vicinity of La

Puntilla, the risks to personnel and

property inherent to wakes will be

minimized.

Additionally, beginning in June 1998,

five Coast Guard patrol boats will be

relocated to Coast Guard base San Juan.

After this relocation, there will be a total

of eight Coast Guard vessels

permanently stationed in San Juan. The

construction of new piers to

accommodate the additional vessels will

commence prior to the end of Fiscal

Year 1998. These proposed regulations

will also serve to minimize hazards

during the construction, which is

expected to take one year to complete.

Regulatory Evaluation

This proposal 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 been exempted from review

by the Office of Management and
33312 Federal Register / Vol. 63, No. 117 /Thursday, June 18, 1998 / Proposed Rules

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 as the

regulations only require minimum

steerage way speeds and do not limit the

amount of incoming and outgoing

vessels.

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’’ include

independently owned and operated

small businesses that are not dominant

in their field and that otherwise qualify

as ‘‘small business concerns’’ under

Section 3 of the Small Business Act (15

U.S.C. 632).

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, would not

have a significant impact on a

substantial number of small entities as

there are no limits imposed on the

quantity of incoming or outgoing

vessels.

Collection of Information

This proposal contains no collection

of information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Federalism

This action has been analyzed in

accordance with the principles and

criteria contained in Executive Order

12612 and it has been determined that

the rulemaking does not have sufficient

Federalism implication to warrant the

preparation of a Federalism Assessment.

Environmental Analysis

The Coast Guard has considered the

environmental impact of this proposal

and has determined pursuant to figure

2–1, paragraph (34)(g) of Commandant

Instruction M16475.1C, that this

proposal is categorically excluded from

further environmental documentation.

A Categorical Exclusion Determination

and Environmental Analysis Checklist

will be prepared during the comment

period and will be available for

inspection and copying after the

comment period for this proposed

rulemaking has expired.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reports and recordkeeping

requirements, Security measures,

Waterways.

Proposed Regulations

In consideration of the foregoing, the

Coast Guard proposes to amend Subpart

F of Part 165 of Title 33, Code of Federal

Regulations, as follows:

PART 165—[AMENDED]

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. Add a new § 165.756 to read as

follows:

§ 165.756 Regulated Navigation Area; San

Juan Harbor, San Juan, Puerto Rico.

(a) Regulated Area. The following is a

Regulated Navigation Area: All the

waters of San Juan Harbor bounded by

the following geographic coordinates:

Lighted Buoy #11 (LLNR 30805) in

approximate position 18–27.31N, 066–

07.01W; east to Puerto Rico Ports

Authority Pier #3 in approximate

position 18–27.40N, 066–06.43W; south

to Lighted Buoy ‘‘A’’ (LLNR 30845) in

approximate position 18–26.55N, 066–

06.26W; west to Nun Buoy ‘‘A’’ in

approximate position 18–27.01N, 066–

06.59W; and thence north to the point

of origin. All coordinates referenced use

Datum: NAD 83.

(b) Regulations. Unless otherwise

authorized by the Captain of the Port,

San Juan, Puerto Rico, vessels operating

in the regulated area must travel no

faster than needed for steerageway. The

general regulations in § 165.13 of this

part apply.

(c) Enforcement. Violations of this

regulated navigation area should be

reported to the Captain of the Port, San

Juan, PR.

Dated: June 5, 1998.

N.T. Saunders,

Rear Admiral, U.S. Coast Guard Commander,

Seventh Coast Guard District.

[FR Doc. 98–16240 Filed 6–17–98; 8:45 am]

BILLING CODE 4910–15–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[CA 187–0064; FRL–6112–1]

Approval and Promulgation of

Implementation Plans; California State

Implementation Plan Revision, South

Coast Air Quality Management District

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA is proposing to approve

a revision to the California State

Implementation Plan (SIP) which

concerns the control of volatile organic

compound (VOC) emissions from

architectural coatings.

The intended effect of proposing

approval of this rule is to regulate

emissions of VOCs in accordance with

the requirements of the Clean Air Act,

as amended in 1990 (CAA or the Act).

EPA’s final action on this proposed

rulemaking will incorporate this rule

into the federally approved SIP. EPA

has evaluated this rule and is proposing

to approve it under provisions of the

CAA regarding EPA action on SIP

submittals, SIPs for national primary

and secondary ambient air quality

standards and plan requirements for

nonattainment areas.

DATES: Comments must be received on

or before July 20, 1998.

ADDRESSES: Comments may be mailed

to: Andrew Steckel, Rulemaking Office

(AIR–4), Air Division, U.S.

Environmental Protection Agency,

Region IX, 75 Hawthorne Street, San

Francisco, CA 94105–3901.

Copies of the rule revisions and EPA’s

evaluation report of this rule are

available for public inspection at EPA’s

Region IX office during normal business

hours. Copies of the submitted rule

revisions are also available for

inspection at the following locations:

California Air Resources Board,

Stationary Source Division, Rule

Evaluation Section, 2020 ‘‘L’’ Street,

Sacramento, CA 95812.

South Coast Air Quality Management

District, 21865 E. Copley Drive,

Diamond Bar, CA 91765–4182.

FOR FURTHER INFORMATION CONTACT:

Yvonne Fong, Rulemaking Office (AIR–

4), Air Division, U.S. Environmental

Protection Agency, Region IX, 75

Hawthorne Street, San Francisco, CA

94105–3901, (415) 744–1199.

SUPPLEMENTARY INFORMATION:

I. Applicability

This Federal Register action for the

South Coast Air Quality Management