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Citation: 54 Fed. Reg. 14648 1989

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### 14648 Federal Register / Vol. 54, No. 69 / Wednesday, April 12, 1989 / Rules and Regulations

Authority: 33 U.S.C. 499;49 CFR 1.46; 33 CFR 1.05-1(g); 33 CFR 117.43.

2.Paragraph (g) of § 117.261 is revised to read as follows for theperiod April 3, 1989 through May 31, 1989. Because this is a temporary rule, this revision will not appear in the Code ofFederal Regulations. §117.261 Atlantic Intracoastal Waterway, St. Marys River toKey Largo.

* * * * *

(g) Port Orange bridge, mile 835.5 at Port Orange. The draw shall open on signal; except that, from 7:30 a.m. to 8:30

a.m. and 4:30 p.m. to 5:30p.m., Monday through Friday except Federal holidays, the draw need open only at 8 a.m. and 5 p.m. From 8:30 a.m. to 4:30 p.m. the draw need open only on thehour, 20 minutes after thehour and 40 minutes after the hour. On Saturdays, Sundays, and Federal holidays from 10 a.m. to 6 p.m., the draw need open only on thehour, 20 minutes after the hour, and 40 minutes after the hour.

* * * *

Dated: March 30, 1989. 

### J.

.Linnon, Captain,USCG, Acting Commander, Seventh CoastGuard District [FRDoc. 89-8574 Filed 4-11-89 8:45am]

BILLING CODE 4910-14-

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 17

RIN: 2900-AD44

Definitionof Department ofVeterans Affairs Medical FacilitiesTo Include Certain Recreational Facilities

AGENCY: Department ofVeterans Affairs. ACTION: Finalregulation.

SUMMARY: TheDepartment ofVeterans Affairs (VA) is amending its medical regulations (38CFR Part 17) to expand the definition ofVA's medical facilities to include public or private facilities at which the Secretary provides recreational activities forpatients undergoing hospital, nursing home and domiciliary care and medical treatment. EFFECTIVE DATE: May 12, 1989.
FOR FURTHER INFORMATION CONTACT. Paul C. Tryhus, Chief,Policies and Procedures Divisions (136F), Veterans Health Services and Research Administration, Department ofVeterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420, (202) 233-2143. SUPPLEMENTARY INFORMATION: 

### Under VA's regulations which define VA medical facilities (38 CFR 17.30(w)), the
term "VA facilities" means: (1)Facilities

over which the Secretary has direct jurisdiction; (2) Government facilities for which the Secretary contracts.

This amendment simply incorporates into VA regulation a statutory language change contained in the Veterans' Benefits and Services Act of1988, Pub. L 100-322, which expanded this definition to include "(3) public or private facilities at which the Secretary provides recreational activities for patients receiving care under section 610 ofthis title."

VA finds good cause for dispensing with advance publication of this statutory definition change forpublic notice and comment. Sinceprior publication is unnecessary and not required by law this change is not subject to therequirements ofthe Regulatory Flexibility Act, 5 U.S.C. 601- 612. These provisions are promulgated by Congress as contained in the Veterans' Benefits and Services Act of 1988,Pub. L 100-322. Accordingly, the changes are now published as final regulations.

Since this technical amendment isnot

a "rule" as defined in section 1(a) of Executive Order 12291, Federal Regulation, it is not subject to the requirements of theExecutive Order. Catalog ofFederal Domestic Assistance Numbers: 64.009 and62.011)
List ofSubjects in 38 CFR Part 17

Alcoholism, Claims, Dental health, Drug abuse, Foreign relations, Government contracts, Grant programs-health, Health care, Health facilities, Health professions, Medical devices, Medical research, Mental health programs, Nursing home care, Philippines, Veterans.

Approved: April 5,1989. Edward 

### J.Derwinski, SecretaryofVeteransAffairs.

PART 17-[AMENDED]

In 38 CFR Part 17, § 17.30 is amended by adding paragraph (w)(3) toread as follows:
§17.30 Definitions.



### (w) VAfacilities.* * * (1) * * * (3)Public or private facilities at which the Secretary provides recreational activities forpatients receiving care under section 610,Title 38, United States Code.
(Authority: 38 U.S.C. 601(4)) [FR Doc.89-8608 Filed 4-11-89; 8:45 am]

BILLING CODE 8320-01-M ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[FRL-3552-2]
Approvaland Promulgation of implementation Plans; California State Implementation Plan Revision; Mendocino CountyAPCD and Five Other APCD's

AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule.

SUMMARY: 

### OnNovember 21, 1986, and March 18, 1987, the California Air Resources Board (CARB) submitted to the EPArevisions to the California State Implementation Plan 

### (SIP). These revisions affect the counties of Mendocino, Placer, San Joaquin, Shasta, Siskiyou, and Ventura. This notice takes final action on the noncontroversial rules submitted. Therevisions strengthen or retain equivalent emission control requirements ofthe current SIP. EPAhas reviewed these revisions and determined that they are consistent with the Clean AirAct, 40 CFR Part51, and EPA policy.
EFFECTIVE DATE:This 

### action will be effective June 12, 1989, unless notice is received within 30 days that adverse or critical comments willbe submitted. If the effective date is delayed, timely notice willbe published in the Federal Register. ADDRESSES: Copies oftheEPA's Technical EvaluationReport and the submitted revisions are available for public inspection at the Region 9 office, during normal working hours. Address any comments to John Ungvarsky at the EPA Region9 office listed below.

The submittals can alsobe viewed at the California Air Resources Board or at the appropriate District Office listed below. California Air Resources Board, Stationary

Source Division.Criteria Pollutants Branch. Industrial Section, 1025 "P" Street, Room 210, Sacramento, California 95814 Mendocino County Air Pollution Control

District,Courthouse Square, Ukiah, California 95482 Placer County Air Pollution Control District,

11582 "B"Avenue, Auburn, California 95603 SanJoaquin County AirPollution Control

District, 1601E.Hazelton Avenue. Courthouse, Room701, Stockton, California 95202 Shasta County AirPollution Control District,

1855Placer Street, County Courthouse. Redding, California 96001

### Federal Register / Vol. 54, No. 69 / Wednesday, April 12, 1989 / Rules and Regulations

Siskiyou County Air Pollution Control Plan Section (A-2-3), U.S. 1987 the California Air Resources Board

District, 525 South Foothill Drive, County Environmental Protection Agency, submitted to EPArule revisions to be Courthouse, Yreka, California 96097 Ventura County AirPollution Control Region 9, Air and Toxics Division, 

### 215 incorporated into the California State

District, 800 South Victoria Avenue, Fremont Street, San Francisco, Implementation Plan. This notice Ventura, California 93009 California 94105; (415)974-7639, FTS contains noncontroversial ruleswhere U.S. Environmental Protection Agency, EPA 454-7639. adverse public comment is not

Library,Public Information Reference Unit, SUPPLEMENTARY INFORMATION: anticipated. These revisions either 401 M Street SW., Washington, DC 20460 Background clarify or strengthen existing rules. A list FOR FURTHER INFORMATION CONTACT. On November 21, 1986 and March 18, 

### ofthe rules is provided below.
John Ungvarsky, State Implementation

RULE REVISIONS SUBMITTED ON NOVEMBER 

### 21, 1987

District Rule No. Title

Mendocino CountyAPCD

............................................ 200 Permit Requirements. Placer County APCD

.................................................... 225 Wood Fired Applicances. San Joaquin County APCD

......................................... 411.2 Transferof Gasoline Into Vehicle Fuel Tanks. 416 Exceptions. 416.1 Agricultural Burning. Shasta County APCD

................................................... 1:1 Title. 1:2 Definitions. 2:10 Applications. 2:13 Action on Applications Interim Variances (repealed). 2:23 Posting of Permit to Operate. 2:26 Revocation of Permit. 2:27 Submittal of Information. 3:2 Specific Air Contaminants. 3:3 Gasoline Loading andTransfer intheSacramento Valley Air Basin. 3:8 Ordersfor Abatement (repealed). 4:1 Applicable Sections of the Health andSafety Code. 4:2 General. 4:7 Petition forAbatement (repealed). 4:7 Additional Rules. 4:9 Failureto Complywith Rules (repealed). 4:10 Serviceof Notices, Etc. (repealed). 4:11 Answers (repealed). 4:12 Withdrawal of Petition (repealed). 4:13 Place of Hearing (repealed). 4:14 Noticeof Hearing (repealed). 4:15 Rules of Evidence and Procedure (repealed). 4:16 Preliminary Matters (repealed). 4:17 Official Notice (repealed). 4:18 Continuances (repealed). 4:19 Hearing and Decision (repealed). 4:20 Effective Date of Decision (repealed). 4:21 Issuanceof Subpoenas: Subpoenas Duces Tecum (repealed). 4:22 Confidential Information (repealed).

RULE REVISIONS SUBMITTED ON MARCH 18, 

### 1987

District Rule No. Title
Siskiyou County APCD

................................................. 1.1 Title. 1.2 Definitions. 1.3 Public Records. 1.5 Validity. 2.3 Transfers. 2.7 Conditional Approval. 2.8 Denial of Application. 2.9 Appeals. 2.10 Further Information. 2.11 Monitoring Requirements. 2.12 Equipment Breakdown. 2.13 Regulation for Public Availability of Emission Data (Deleted). Ventura County APCD

................................................. 23 Exemptions From Permit.

EPA Evaluation

The EPAhas evaluated these revisions against the Clean Air Act, 40 CFR Part 51, and EPA policy. The EPA is approving these revisions because they are consistent with the previously mentioned regulations. The revisions are primarily administrative and either strengthen orretain the State Implementation Plan (SIP). The revisions include minorwording and title changes, the addition ofdefinitions for clarity, and the clarification ofadministrative policies involving trade secrets, public records, permit applications, vapor 

### 14649

### 14650 Federal Register / Vol. 54, No. 69 / Wednesday, April 12, 1989 / Rules and Regulations

recovery systems, and monitoring requirements. New rules include the regulation ofwood burning appliances and guidelines for equipment breakdown. The remaining revisions either delete orrepeal ruleswhich were combined with existing rules, are no longer applicable, or arehow incorporated by references using the California Health and Safety Code. EPA's Evaluation Reports for each rule

are available at the Region 9 office in San Francisco during normal business hours.

EPA Action

The EPA is approving these rules submitted on November 21, 1986 and March 18, 1986 and incorporating them into the California SIP.EPA is publishing this action without prior proposal because the Agency views this

as a noncontroversial amendment and anticipates no adverse comments. This action willbe effective June 12, 1989 unless, within30 days ofitspublication, notice is received that adverse or critical comments will be submitted.

Ifsuch notice is received, this action willbe withdrawn before the effective date by publishing two subsequent notices. One notice will withdraw the final action and another will begin a
new rulemaking by announcing a proposal ofthe action and establishing a comment period. Ifno such comments

are received, the public is advised that this section will be effective June 12, 1989. Regulatory Process

Under 5U.S.C. 605(b), I certify that this SIPrevision will not have a significant economic impact on a substantial number ofsmall entities. (See 46 FR 8709)

The Office ofManagement and Budget has exempted thisrule from the requirements ofsection 3 ofExecutive Order 12291.

Under section 307(b)(1) ofthe Act, petitions forjudicial review ofthis action must be filed in the United States Court ofAppeals for the appropriate circuit by June 12, 1989.This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2))

List of Subjectsin 40 CFR Part 52

Airpollution control, Carbon monoxide, Hydrocarbons, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Incorporation by reference.

Note: Incorporation by reference ofthe State Implementation Plan forthe State of California was approved by the Director of the Federal Register onJuly 1,1982.

Date:March 31, 1989.
David P. Howekamp, ActingRegionalAdministrator. Subpart F ofPart 52, Chapter I, Title 40 ofthe Code ofFederal Regulations is amended as follows:

PART 52-(AMENDED] Subpart F-Calfornla

1.The authorhy citation for Part 52 continues to read as followsAuthority: 42 U.S.C. 7401-7642. 2. Section 52.220 is amended by adding paragraphs (c) (171) and (172) to read as follows: §52.220 Identification of plan.

(c) * * * (171) Revisedregulations for the following APCD's were submitted on November 21, 1986by the Governor's designee.

(i)Incorporation by reference. (A)Mendocino County APCD. (1) Amended Rule 200(d), adopted on July 8, 1986. (B) Placer County APCD. (1)New Rule 225, adopted on June 17, 1986.

(C) San Joaquin County APCD. (1)Amended Rules 411.2, 416, and 416.1, adopted on June 24,1986. (D) Shasta County APCD. (1)New oramended Rules 1:1, 1:2 (except "fugitive emissions"), 2:10, 2:23, 2:26, 2:27, 3:2, 3:3, 4:1, 4:2, and 4:7 adopted on July 22, 1986.

(2)Previously submitted to EPA on June 30, 1972 and approved in the Federal Register on September 22, 1972 and now removed without replacement, Rule 2:13.

(3)Previously submitted to EPA on July 19, 1974 and approved in the Federal Register on August 22, 1977and

now removed without replacement, Rules 3:8, 4:7, 4:9, 4:10, 4:11, 4:12,4:13, 4:15, 4:16,4:17, 4:18, 4:20,4:21, and 4:22.

(4)Previously submitted to EPA on October 13, 1977 and approved in the Federal Register on November 14, 1978 and now removed without replacement, Rules 4:14 and 4:19.

(172) Revised regulations for the following APCD's were submitted on March 11, 1987, by the Governor's designee.

(i) Incorporation byreference. (A) Siskiyou County APCD. (1)New or amended Rules 1.1, 1.2 (A3, A4, A8, A9, B3, B4, C1, C5, C6, C8, C10, D1, D2. El, F1, H2, 12, 13, M3, M4, 01, P1, P3, 

### P4, P8, R3, R4, R6, S1, S2, S3, 55,S6, T2,V1), 1.3, 1.5, 2.3, 2.7, 2.8, 2.9, 2.10, 2.11. and 2.12 

### adopted on November 25, 1986.



### (2)Previously submitted to EPA on February 21, 1972 and approved in the Federal Register on May 31, 1972 and



### now removed withoutreplacement, Rule 1.2 (M).



### (3)Previously submitted to EPA on July 25, 1973 and approved in the Federal Register on August 22, 1977 and

now removed withoutreplacement, Rule 2.13.



### (B) Ventura County APCD. (1)AmendedRule 23, adopted on October 21, 1986.

[FR Doc. 89-8417 Filed4-11-89; 8:45 am]

BILLING CODE 6500-50-M



### 40 CFR Part 52 [SC-017; FRL 3553-5] 

### Approval and Promulgation of Implementation Plans; South Carolina: Stack Height Review

AGENCY: 

### Environmental Protection Agency. ACTION: Finalrule.

SUMMARY: 

### EPA today approves a declaration by South Carolina that recent revisions to EPA's stackheight regulations do notnecessitate sourcespecific revisions to the State Implementation Plan (SIP). The State

was required to review its SIP for consistency within nine months offinal promulgation ofthe stack height regulations. The intended effect ofthis action is to formallydocument that South Carolina has satisfied its obligations under section406 ofthe Clean AirAct Amendments of1977 to review its SIP withrespect to EPA's revised stack height regulations. No emission limitations were affected by stack height credit above GEP or any other dispersion technique. EFFECTIVE DATE:

### This actionwill be effective onMay 12, 1989. ADDRESSES: 

### Copies ofthe materials submitted by South Carolina may be examined duringnormal businesshours at the following locations: Public Information Reference Unit,

Library Systems Branch, Environmental ProtectionAgency, 401 M Street SW., Washington, DC 20460 AirPrograms Branch, Region IV,

Environmental Protection Agency, 345 Courtland Street NE., Atlanta, Georgia 30365 South Carolina Department ofHealth

and Environmental Control, 2600 Bull Street, Columbia, South Carolina 29201 FOR FURTHER INFORMATION CONTACT: 

### Beverly T.Hudson, EPARegion IV Air