Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Rules and Regulations 7123

Branch, at the address given above,

telephone (504) 589–2965.

SUPPLEMENTARY INFORMATION:

Drafting Information

The drafters of this regulation are Mr.

John Wachter, project officer, and LT

Elisa Holland, project attorney.

Regulatory History

On November 8, 1994, the Coast

Guard published a notice of proposed

rulemaking entitled Drawbridge

Operation Regulation; Red River, LA in

the Federal Register (59 FR 55599). The

Coast Guard received two letters

commenting favorably on the proposal.

No public hearing was requested, and

none was held. This final rule is being

made effective on the date of

publication. The Red River will be open

to commercial navigation in late January

1995. Maintaining the present

regulation for thirty days after

publication of the final rule in the

Federal Register will be a burden on

commercial navigation and the bridge

owners. There were no comments

objecting to the change in the regulation

from 48-hours to 8-hours notice. For

these reasons, the Coast Guard for good

cause finds, under 5 U.S.C. 553(b)(B)

and (d)(3), that delaying the effective

date of this rule is contrary to the public

interest and that this rule should be

made effective in less than 30 days after

publication.

Background and Purpose

With the completion of locks and

dams 4 and 5 in December 1994, by the

U.S. Army Corps of Engineers, the Red

River will be open for commercial

navigation in late January 1995. As a

result of that project, the mileage of the

Red River has changed. All mileages

referred to in this regulation are postproject mileages. The entire stretch of

the Red River flowing through Louisiana

is presently regulated by Section

117.135, which is cross referenced in

§ 117.491. The Red River in Louisiana

will now be governed by § 117.491.

Section 117.135 is being revised by a

separate rule (CGD02–94–016,

published elsewhere in today’s Federal

Register) to regulate only the

drawbridges on the Red River in the

state of Arkansas. The present

regulation requiring all bridges up to

mile 177.9 to open on signal with at

least 48-hours advance notice would

severely restrict the movement of

prospective commercial navigation on

the waterway. Thus, the reason for the

final rule. The anticipated vessel count

for calendar year 1995 is approximately

370, but is expected to increase

significantly in year 1996. Existing

operating regulations for bridges from

mile 105.8 to the Arkansas border at

approximately mile 276 remain

unchanged.

Discussion of Comments and Changes

Two comments were received. The

National Marine Fisheries Service

offered no objection to the proposed

rule change. The other comment

endorsed the proposed rule change.

Assessment

This rule is not a significant

regulatory action under section 3(f) of

Executive Order 12866 and does not

require an assessment of potential cost

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

order. It has not been reviewed 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).

Small Entities

A full regulatory evaluation of this

rule is unnecessary. This rule will be

less restrictive on commercial

navigation. This rule will require bridge

owners to open the draws of the bridges

listed on fewer hours notice, however,

each bridge owner will still have 8-

hours notice. Therefore, the Coast Guard

certifies under 5 U.S.C. 605(b) of the

Regulatory Flexibility Act (5 U.S.C. 601

et seq.) that this rule will not have a

significant economic impact on a

substantial number of small entities.

Collection of Information

This proposal contains no collectionof-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 proposed rulemaking does not have

sufficient federalism implications to

warrant the preparation of a Federalism

Assessment.

Environment

This rulemaking has been thoroughly

reviewed by the Coast Guard and it has

been determined to be categorically

excluded from further environmental

documentation in accordance with

section 2.B.2.g.5 of Commandant

Instruction M16475.1B. A Categorical

Exclusion Determination has been

prepared and placed in the rulemaking

docket.

List of Subjects in 33 CFR Part 117

Bridges.

For the reasons set out in the

preamble, the Coast Guard amends Part

117 of Title 33, Code of Federal

Regulations, as follows:

PART 117—DRAWBRIDGE

OPERATION REGULATIONS

1. The authority citation for part 117

continues to read as follows:

Authority: 33 U.S.C. 499; 49 CFR 1.46; 33

CFR 1.05–1(g)(3); Section 117.255, also

issued under the authority of Pub. L. 102–

587, 102 Stat. 5039.

2. Section 117.491 is revised to read

as follows:

§ 117.491 Red River.

(a) The draws of the following bridges

shall be opened on signal if at least eight

hours notice is given:

(1) S107 bridge, mile 59.5, at Moncla

(2) S28 (Fulton Street) bridge, mile 88.1,

at Alexandria

(3) Union Pacific Railroad bridge, mile

90.1, at Alexandria

(4) S8 bridge, mile 105.8, at Boyce

(b) The Kansas City Southern Railroad

bridge, mile 88.0, at Alexandria shall

open on signal if at least eight hours

notice is given; except that, for openings

on Saturday or Sunday and Monday if

it is a federal holiday, notice must be

given for an opening of the draw by 4

p.m. on Friday; and in the event a

federal holiday falls during a weekday

other than Monday, notice must be

given by 4 p.m. the day prior to that

holiday.

(c) The draw of the US 165 (Jackson

St.) bridge, mile 88.6, at Alexandria,

shall open on signal if at least eight

hours notice is given; except that, from

7 a.m. to 9 a.m. and from 4 p.m. to 6

p.m. the draw need not be opened

Monday through Friday except

holidays.

(d) The draws of the bridges above

mile 105.8 through mile 234.4 shall

open on signal if at least 48 hours notice

is given.

(e) The draws of the bridges above

mile 234.4 to mile 276 need not be

opened for passage of vessels.

(f) When a vessel which has given

notice fails to arrive at the time

specified in the notice, the drawtender

shall remain on duty for up to two

additional hours to open the draw if that

vessel appears. After that time, a new

notice of the appropriate length of time

is required.

Dated: January 10, 1995.

R.C. North,

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

Eighth Coast Guard District.

[FR Doc. 95–2996 Filed 2–6–95; 8:45 am]

BILLING CODE 4910–14–M
7124 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Rules and Regulations

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 4

Schedule for Rating Disabilities

CFR Correction

In title 38 of the Code of Federal

Regulations, parts 0 to 17, revised as of

July 1, 1994, on pages 383 and 384, in

§ 4.84a, table V, in the heading and in

the entries ‘‘15/200 (45/60)’’ and ‘‘5/200

(15/60)’’ should read ‘‘15/200 (4.5/60)’’

and ‘‘5/200 (1.5/60)’’ respectively.

BILLING CODE 1505–01–D

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 52 and 81

[KY–069–2–6785a; FRL 5118–1]

Approval and Promulgation of

Implementation Plans and Designation

of Areas for Air Quality Planning

Purposes; Commonwealth of Kentucky

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: On November 13, 1992, the

Commonwealth of Kentucky through

the Natural Resources and

Environmental Protection Cabinet

(Cabinet), submitted a maintenance plan

and a request to redesignate the

Lexington, Owensboro, Paducah, and

Edmonson County areas from

nonattainment to attainment for ozone

(O3). The marginal nonattainment areas

include the following counties:

Lexington (Fayette and Scott),

Owensboro (Daviess and a portion of

Hancock), Paducah (Livingston and a

portion of Marshall), and Edmonson

County. Under the Clean Air Act (CAA),

designations can be changed if sufficient

data are available to warrant such

changes and the redesignation request

satisfies the criteria set forth in the

CAA. In this action, EPA is approving

the redesignation to attainment of the

Paducah area and the associated

maintenance plan because it meets the

maintenance plan and redesignation

requirements. EPA has published the

approval of the redesignation request to

attainment and maintenance plan for

the Owensboro and Edmonson County

and will act on the request to

redesignate to attainment the Lexington

area in a future notice. In this action,

EPA is also approving the 1990 base

year inventory for the Paducah marginal

O3 nonattainment area.

DATES: This final rule will be effective

April 10, 1995 unless adverse or critical

comments are received by March 9,

1995. If the effective date is delayed,

timely notice will be published in the

Federal Register.

ADDRESSES: Written comments on this

action should be addressed to Scott

Southwick, at the EPA Regional Office

listed below. Copies of the documents

relative to this action are available for

public inspection during normal

business hours at the following

locations. The interested persons

wanting to examine these documents

should make an appointment with the

appropriate office at least 24 hours

before the visiting day.

Air and Radiation Docket and

Information Center (Air Docket 6102),

U.S. Environmental Protection

Agency, 401 M Street, SW,

Washington, DC 20460

Environmental Protection Agency,

Region IV, Air Programs Branch, 345

Courtland Street NE, Atlanta, GA

30365

Commonwealth of Kentucky, Natural

Resources and Environmental

Protection Cabinet, Department for

Environmental Protection, Division

for Air Quality, 803 Schenkel Lane,

Frankfort, KY 40601.

FOR FURTHER INFORMATION CONTACT:

Scott Southwick of the EPA Region IV

Air Programs Branch at (404) 347–3555

extension 4207 and at the above

address.

SUPPLEMENTARY INFORMATION: On

November 15, 1990, the Clean Air Act

Amendments of 1990 (CAA) were

enacted. (Pub. L. 101–549, 104 Stat.

2399, codified at 42 U.S.C. 7401–7671q).

Under section 107(d)(1), in conjunction

with the Governor of Kentucky, EPA

designated the Paducah area as

nonattainment because the area violated

the O3 standard during the period from

1987 through 1989 (See 56 FR 56694

(Nov. 6, 1991) and 57 FR 56762 (Nov.

30, 1992), codified at 40 CFR 81.318).

The Paducah marginal O3

nonattainment area (nonattainment

area) more recently has ambient

monitoring data that show no violations

of the O3 National Ambient Air Quality

Standards (NAAQS), during the period

from 1989 through 1991. In addition,

there have been no violations reported

for the 1992, 1993, or 1994 O3 seasons.

Therefore, in an effort to comply with

the amended CAA and to ensure

continued attainment of the NAAQS, on

November 13, 1992, the Cabinet

submitted for parallel processing an O3

maintenance SIP for the nonattainment

area and requested redesignation of the

nonattainment area to attainment with

respect to the O3 NAAQS and EPA

found the request complete. On

November 24, 1992, the Cabinet

submitted the Marginal Ozone

Nonattainment Areas Projection

Inventory 1990–2004 as an amendment

to the SIP. On January 15, 1993, the

Cabinet submitted revisions addressing

public comments on the request to

redesignate the nonattainment area to

attainment. On July 16, 1993, February

28, 1994, and August 29, 1994, the

Cabinet submitted revisions to the

redesignation request, maintenance

plan, and projection inventory.

On May 7, 1993, Region IV

determined that the information

received from the Cabinet constituted a

complete redesignation request under

the general completeness criteria of 40

CFR 51, appendix V, sections 2.1 and

2.2. However, for purposes of

determining what requirements are

applicable for redesignation purposes,

EPA believes it is necessary to identify

when the Cabinet first submitted a

redesignation request that meets the

completeness criteria. EPA noted in a

previous policy memorandum that

parallel processing requests for

submittals under the amended CAA,

including redesignation submittals,

would not be determined complete. See

‘‘State Implementation Plan (SIP)

Actions Submitted in Response to Clean

Air Act (Act) Deadlines,’’ Memorandum

from John Calcagni to Air Programs

Division Directors, Regions I–X, dated

October 28, 1992 (Memorandum). The

rationale for this conclusion was that

the parallel processing exception to the

completeness criteria (40 CFR part 51,

appendix V, section 2.3) was not

intended to extend statutory due dates

for mandatory submittals. (See

Memorandum at 3–4). However, since

requests for redesignation are not

mandatory submittals under the CAA,

EPA believed it appropriate to change

its policy with respect to redesignation

submittals to conform to the existing

completeness criteria (58 FR 38108 (July

15, 1993)). Therefore, EPA believes, the

parallel processing exception to the

completeness criteria may be applied to

redesignation request submittals, at least

until such time as the EPA decides to

revise that exception. The Cabinet

submitted a redesignation request and a

maintenance plan on November 13,

1992. When the maintenance plan

became state effective on January 27,

1994, the Commonwealth of Kentucky

no longer needed parallel processing for

the redesignation request and

maintenance plan.

The Kentucky redesignation request

for the nonattainment areas meets the

five requirements of section 107(d)(3)(E)