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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 the period April 3,

1989 through May 31, 1989. Because this

is a temporary rule, this revision will not

appear in the Code of Federal

Regulations.

§ 117.261 Atlantic Intracoastal Waterway, St. Marys River to Key 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 5:30 p.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 the hour, 20 minutes

after the hour 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 the hour, 20

minutes after the hour, and 40 minutes

after the hour. * * * *

Dated: March 30, 1989.

J. . Linnon,

Captain, USCG, Acting Commander, Seventh

Coast Guard District

[FR Doc. 89-8574 Filed 4-11-89 8:45 am]

BILLING CODE 4910-14-

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 17

RIN: 2900-AD44

Definition of Department of Veterans

Affairs Medical Facilities To Include

Certain Recreational Facilities

AGENCY: Department of Veterans

Affairs.

ACTION: Final regulation.

SUMMARY: The Department of Veterans

Affairs (VA) is amending its medical

regulations (38 CFR Part 17) to expand

the definition of VA's medical facilities

to include public or private facilities at

which the Secretary provides

recreational activities for patients

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 of Veterans

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 of 1988, 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

of this title."

VA finds good cause for dispensing

with advance publication of this

statutory definition change for public

notice and comment. Since prior

publication is unnecessary and not

required by law this change is not

subject to the requirements of the

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 is not

a "rule" as defined in section 1(a) of

Executive Order 12291, Federal

Regulation, it is not subject to the

requirements of the Executive Order.

Catalog of Federal Domestic Assistance

Numbers: 64.009 and 62.011)

List of Subjects 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,

Secretary of Veterans Affairs.

PART 17-[AMENDED]

In 38 CFR Part 17, § 17.30 is amended

by adding paragraph (w)(3) to read as

follows:

§ 17.30 Definitions.

(w) VA facilities. * * *

(1) * * *

(3) Public or private facilities at which

the Secretary provides recreational

activities for patients 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]

Approval and Promulgation of

implementation Plans; California State

Implementation Plan Revision;

Mendocino County APCD and Five

Other APCD's

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: On November 21, 1986, and

March 18, 1987, the California Air

Resources Board (CARB) submitted to

the EPA revisions 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. The revisions

strengthen or retain equivalent emission

control requirements of the current SIP.

EPA has reviewed these revisions and

determined that they are consistent with

the Clean Air Act, 40 CFR Part 51, 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 will be submitted. If

the effective date is delayed, timely

notice will be published in the Federal

Register.

ADDRESSES: Copies of the EPA's

Technical Evaluation Report 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 Region 9 office listed below.

The submittals can also be 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

San Joaquin County Air Pollution Control

District, 1601 E. Hazelton Avenue.

Courthouse, Room 701, Stockton, California

95202

Shasta County Air Pollution Control District,

1855 Placer 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 EPA rule revisions to be

Courthouse, Yreka, California 96097

Ventura County Air Pollution 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 rules where

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, of the rules is provided below.

John Ungvarsky, State Implementation

RULE REVISIONS SUBMITTED ON NOVEMBER 21, 1987

District Rule No. Title

Mendocino County APCD ............................................ 200 Permit Requirements. Placer County APCD .................................................... 225 Wood Fired Applicances. San Joaquin County APCD ......................................... 411.2 Transfer of 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 and Transfer in the Sacramento Valley Air Basin.

3:8 Orders for Abatement (repealed).

4:1 Applicable Sections of the Health and Safety Code.

4:2 General.

4:7 Petition for Abatement (repealed).

4:7 Additional Rules.

4:9 Failure to Comply with Rules (repealed).

4:10 Service of Notices, Etc. (repealed). 4:11 Answers (repealed).

4:12 Withdrawal of Petition (repealed). 4:13 Place of Hearing (repealed). 4:14 Notice of 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 Issuance of 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 EPA has 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 or retain the State

Implementation Plan (SIP). The revisions

include minor wording and title changes,

the addition of definitions for clarity,

and the clarification of administrative

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 of wood burning appliances

and guidelines for equipment

breakdown. The remaining revisions

either delete or repeal rules which were

combined with existing rules, are no

longer applicable, or are how

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 will be effective June 12, 1989

unless, within 30 days of its publication,

notice is received that adverse or

critical comments will be submitted.

If such notice is received, this action

will be 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 of the action and establishing a

comment period. If no such comments

are received, the public is advised that

this section will be effective June 12,

1989.

Regulatory Process

Under 5 U.S.C. 605(b), I certify that

this SIP revision will not have a

significant economic impact on a

substantial number of small entities.

(See 46 FR 8709)

The Office of Management and Budget

has exempted this rule from the

requirements of section 3 of Executive

Order 12291.

Under section 307(b)(1) of the Act,

petitions for judicial review of this

action must be filed in the United States

Court of Appeals 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 Subjects in 40 CFR Part 52

Air pollution 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 of the

State Implementation Plan for the State of

California was approved by the Director of

the Federal Register on July 1, 1982.

Date: March 31, 1989.

David P. Howekamp,

Acting RegionalAdministrator.

Subpart F of Part 52, Chapter I, Title

40 of the Code of Federal 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) Revised regulations for the

following APCD's were submitted on

November 21, 1986 by 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 or amended 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, 1977 and

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 by reference.

(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 without replacement, 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 without replacement, Rule

2.13.

(B) Ventura County APCD.

(1) Amended Rule 23, adopted on

October 21, 1986.

[FR Doc. 89-8417 Filed 4-11-89; 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: Final rule.

SUMMARY: EPA today approves a

declaration by South Carolina that

recent revisions to EPA's stack height

regulations do not necessitate sourcespecific revisions to the State

Implementation Plan (SIP). The State

was required to review its SIP for

consistency within nine months of final

promulgation of the stack height

regulations. The intended effect of this

action is to formally document that

South Carolina has satisfied its

obligations under section 406 of the

Clean Air Act Amendments of 1977 to

review its SIP with respect 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 action will be

effective on May 12, 1989.

ADDRESSES: Copies of the materials

submitted by South Carolina may be

examined during normal business hours

at the following locations:

Public Information Reference Unit,

Library Systems Branch,

Environmental Protection Agency, 401

M Street SW., Washington, DC 20460

Air Programs Branch, Region IV,

Environmental Protection Agency, 345

Courtland Street NE., Atlanta, Georgia

30365

South Carolina Department of Health

and Environmental Control, 2600 Bull

Street, Columbia, South Carolina

29201

FOR FURTHER INFORMATION CONTACT:

Beverly T. Hudson, EPA Region IV Air