Federal Register / Vol. 60, No. 94 / Tuesday, May 16, 1995 / Proposed Rules 26011

Commission proposes to add the abovedescribed provision in order to equalize

the incentive available to parole-eligible

prisoners with the new incentive for

completion of substance abuse

treatment programs that will be

available for federal prisoners serving

no-parole sentences, under 18 U.S.C.

3621(e)(2).

DATES: Comments must be received by

June 26, 1995.

ADDRESSES: Send comments to Office of

General Counsel, U.S. Parole

Commission, 5550 Friendship Blvd.,

Chevy Chase, Maryland 20815.

FOR FURTHER INFORMATION CONTACT:

Pamela A. Posch, Office of General

Counsel, Telephone (301) 492–5959.

SUPPLEMENTARY INFORMATION: In the

Violent Crime Control and Law

Enforcement Act of 1994, Pub. L. 103–

322 (September 13, 1994), Congress

amended 18 U.S.C. 3621 to authorize

the Bureau of Prisons to reduce the

period a prisoner convicted of a nonviolent offense remains in custody after

he or she has successfully completed a

residential substance abuse treatment

program. This new authority is intended

by Congress to serve as an incentive for

prisoners’ successful completion of

residential substance abuse treatment

programs. This authority is applicable,

however, only to offenses committed

after November 1, 1987. (See Section

235(a)(1) of Public Law 98–473.)

Prisoners convicted of offenses that

were committed prior to November 1,

1987, and who were sentenced to

parole-eligible terms, must look to the

U.S. Parole Commission for early release

from prison as an incentive to

completion of treatment programs.

Under 28 C.F.R. 2.60, such prisoners are

entitled to be considered by the Parole

Commission for early release, pursuant

to a schedule of permissible

advancements of a presumptive release

date for ‘‘Superior Program

Achievement.’’ 28 C.F.R. 2.60(e).

However, the opportunity for early

release is not equal to that authorized by

18 U.S.C. 3621(e)(2)(B), because an

advancement of up to twelve months is

permissible under § 2.60 only if the

presumptive release date established by

the Parole Commission (pursuant to the

parole guidelines at 28 C.F.R. 2.20)

requires eighty-five months or more of

imprisonment. In contrast, the Bureau of

Prisons is authorized under Section

3621(e)(2)(B) to grant a reduction of not

more than one year for any prisoner

who successfully completes a substance

abuse treatment program.

Accordingly, the Parole Commission

has decided to amend 28 C.F.R. 2.60 so

as to authorize a twelve-month

advancement for any parole-eligible

prisoner who meets all the criteria for a

reduction of custody under 18 U.S.C.

3621(e). The prisoner would have to be

a non-violent offender who is found to

have a recognized substance abuse

problem (not merely a past history of

drug or alcohol abuse). Admittance to a

residential substance abuse program

would be the decision of the Bureau of

Prisons. The Parole Commission would

consider the prisoner for a full twelvemonth advancement of the prisoner’s

previously established presumptive

release date only upon notification by

the Bureau of Prisons of successful

program completion. However, the

Commission would retain authority to

withhold any reduction that would

result in a miscarriage of justice, such as

the early release of a major drug kingpin

or an offender with a high risk of

recidivism.

Implementation

Upon adoption as a final rule, the

proposed amendments to 28 C.F.R. 2.60

would be applied at any statutory

interim hearing under 28 C.F.R. 2.14

that was held on or after the effective

date of the amended regulation. The

Commission does not propose to reopen

cases for prisoners who have a release

date with no further hearing scheduled.

For prisoners who would be considered

for the special advancement, completion

of a residential substance abuse

treatment program may have occurred

prior to the effective date of the

amended regulation.

Executive Order 12866 and Regulatory

Flexibility Statement

The U.S. Parole Commission has

determined that this proposed rule is

not a significant rule within the

meaning of Executive Order 12866, and

the proposed rule has, accordingly, not

been reviewed by the Office of

Management and Budget. The proposed

rule, if adopted, will not have a

significant economic impact upon a

substantial number of small entities,

within the meaning of the Regulatory

Flexibility Act, 5 U.S.C. 605(b).

List of Subjects in 28 CFR Part 2

Administrative practice and

procedure, Probation and parole,

Prisoners.

The Proposed Amendment

Accordingly, the U.S. Parole

Commission proposes the following

amendment to 28 CFR Part 2.

PART 2—[AMENDED]

1. The authority citation for 28 CFR

Part 2 continues to read as follows:

Authority: 18 U.S.C. 4203(a)(1) and

4204(a)(6).

2. Section 2.60 is proposed to be

amended by adding new paragraphs (g)

and (h), to read as follows:

§ 2.60 Superior program achievement.

* * * * *

(g) Upon notification from the Bureau

of Prisons that a parolable prisoner who

has no history of violent criminal

conduct, and who has a recognized

problem of substance abuse and

dependence, has successfully completed

residential substance abuse treatment in

conformity with the criteria set forth for

non-parolable prisoners in 18 U.S.C.

3621(e), the Commission will consider

such prisoner for a special

advancement, by up to twelve months,

of the presumptive release date

previously set. Such advancement shall

be without regard to the Schedule of

Permissible Reductions set forth in

paragraph (e) of this section. It is the

Commission’s intent to award not less

than twelve months in addition to any

other advancement granted under this

section, unless:

(1) The prisoner has already received

an advancement or extra good time

credits for participation in a substance

abuse treatment program; or

(2) There is insufficient time

remaining to permit the full

advancement; or

(3) There are unusual circumstances

that compel a finding that an early

parole would be inconsistent with 18

U.S.C. 4206 (e.g., a major narcotics

trafficker whose substance abuse was

clearly not a dominant factor in his

criminal behavior).

(h) Any advancement under this

section for superior program

achievement (including a special

advancement for completion of

residential substance abuse treatment) is

subject to forfeiture, in whole or in part,

whenever a presumptive parole date is

rescinded pursuant to § 2.34. In the case

of a special advancement under

paragraph (g) of this section, the entire

advancement shall be forfeited if the

Commission finds that the prisoner has

engaged in usage, possession, or

distribution of any illegal drugs

subsequent to program completion.

Dated: May 9, 1995.

Edward F. Reilly, Jr.

Chairman, U.S. Parole Commission.

[FR Doc. 95–11950 Filed 5–15–95; 8:45 am]

BILLING CODE 4410–01–P
26012 Federal Register / Vol. 60, No. 94 / Tuesday, May 16, 1995 / Proposed Rules

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD02–95–003]

RIN 2115–AE84

Regulated Navigation Area; Ohio River

Mile 466.0 to 473.0

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rule making.

SUMMARY: The Coast Guard proposes to

establish a regulated navigation area on

the Ohio River in the Cincinnati, OH

area. The regulation is needed to control

vessel traffic while transiting

downbound at night during high water

conditions in the regulated area. The

regulation will restrict commercial

navigation in the regulated area for the

safety of vessel traffic and the protection

of life and property along the river.

DATES: Comments must be submitted on

or before July 17, 1995.

ADDRESSES: Comments may be mailed to

Commanding Officer, U.S. Coast Guard

Marine Safety Office, 600 Martin Luther

King Place, Room 360, Louisville, KY

40202–2230. The comments and other

materials referenced in this notice will

be available for inspection at this

address. Normal office hours are

between 7:30 a.m. and 4 p.m., Monday

through Friday, except holidays.

Comments may also be hand delivered

to this address.

The Commanding Officer, U.S. Coast

Guard Marine Safety Office, Louisville,

KY, maintains the public docket for this

rulemaking. Comments will become part

of this docket.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Kelly S. Roberts, Project

Officer, U.S. Coast Guard Marine Safety

Office, Louisville, Kentucky at (502)

582–5194, or Lieutenant S. Moody,

Project Attorney, Second Coast Guard

District Legal Office, St. Louis, MO (314)

539–3812.

SUPPLEMENTARY INFORMATION:

Requests for Comments

The Coast Guard encourages

interested persons to participate in this

rulemaking by submitting written data,

views or arguments. Persons submitting

comments should include their names

and addresses, identify this rulemaking

and the specific section of this proposal

to which each comment applies, and

give the reason for each comment. Each

person wanting 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.

The Coast Guard plans no public

hearing. Persons may request a public

hearing by writing to the Docket Clerk

at the address under ADDRESSES. If it

determines that the opportunity for oral

presentations will aid this rulemaking,

the Coast Guard will hold a public

hearing at a time and place announced

by a later notice in the Federal Register.

Drafting Information

The principal persons involved in

drafting this document are Lieutenant

Kelly S. Roberts, Project Officer for the

Captain of the Port, Louisville,

Kentucky (502) 582–5194 and

Lieutenant S. Moody, Project Attorney,

Second Coast Guard District Legal

Office, St. Louis, MO (314) 539–3812.

Background and Purpose

The situation requiring this regulation

is periodic high water conditions on the

Ohio River in the vicinity of Cincinnati,

Ohio. The Ohio River in the Cincinnati

area is hazardous to transit under the

best conditions. To transit the area,

mariners must navigate through several

sweeping turns and seven bridges.

When the water level in the Ohio River

reaches 45 feet on the Cincinnati gauge,

river current increase and become very

unpredictable, making it difficult for

downbound vessels to maintain

steerageway. During hours of darkness

the background lights of the city of

Cincinnati hamper mariners’ ability to

maintain sight of the front of their tow.

This rule is intended to protect the

public and the environment, at night

during the periods of high water, from

a potential hazard of large downbound

tows carrying hazardous material

through the regulated area.

In the past, the Captain of the Port,

Louisville, Kentucky has responded to

this hazard by issuing a Temporary

Final Rule to establish a Safety Zone in

the area when warranted by high water

conditions. This proposed rule is

intended to establish a permanent

Regulated Navigable Area in which

restrictions are activated and

deactivated as a function of river level.

A permanent Regulated Navigable Area

will permit vessels and commerce using

the Ohio River to plan and schedule

their tow traffic accordingly.

Discussion of Proposed Regulations

This proposed rule would establish a

Regulated Navigation Area on the Ohio

River in the Cincinnati, Ohio area. The

restrictions for the Regulated Navigation

Area would only be in effect from onehalf hour before sunset to one-half hour

after sunrise whenever the river level is

at or above 45 on the Cincinnati guage.

The regulations would prohibit

downbound tows containing cargoes

regulated by Title 46 Code of Federal

Regulations Subchapter D and O with a

tow length exceeding 600 feet in length

not including the tow boat; require all

commercial vessels in the regulated

navigation area to monitor VHF–FM

radiotelephone Channel 13; require all

downbound commercial vessels to

attempt to contact other vessels in the

regulated navigation area shortly after

entering the area; and prohibit vessels

from loitering in the navigation channel.

Since the water level of the Ohio

River is seasonal and not predictable,

establishing fixed calendar dates for the

regulation is not practical. The

regulation is structured to permit the

Captain of the Port, Louisville,

Kentucky to activate or deactivate the

regulated navigable area by issuing the

proper notices. Broadcast Notice to

Mariners will be issued in anticipation

of high water, then again when the river

reaches 45 feet, and then a termination

broadcast will be issued when the river

falls below 45 feet. These regulations are

needed due to the hazardous conditions

that exist for all vessels transiting the

Cincinnati area when the Ohio River is

at high water during hours of darkness.

Regulatory Evaluation

This rule 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

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 rule

to be so minimal that a full Regulatory

Evaluation under paragraph 10e of the

regulatory policies and procedures of

DOT is unnecessary.

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).
Federal Register / Vol. 60, No. 94 / Tuesday, May 16, 1995 / Proposed Rules 26013

Because it expects the impact of this

proposal to be minimal, the Coast Guard

certifies under 5 U.S.C. 605(b) that this

proposal, if adopted, will not have a

significant economic impact on a

substantial number of small entities.

Collection of Information

This proposal contains no collection

of information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Federalism Assessment

The Coast Guard has analyzed this

proposal in accordance with the

principles and criteria of Executive

Order 12612, and has determined that

this proposal does not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

Environmental Assessment

The Coast Guard considered the

environmental impact of this proposal

and concluded that, under section 2.B.2

of Commandant Instruction M16475.1B,

as revised by 59 FR 38654; July 29,

1994, this proposal is categorically

excluded from further environmental

documentation as an action required to

protect the public and the environment.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(Water), Records and recordkeeping,

Security measures, Vessels, Waterways.

For the reasons set out in the

preamble, 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;

49 CFR 1.46 and 33 CFR 1.05–1(g), 6.04–1,

6.04–6, and 160.5.

2. A new § 165.205 is added to read

as follows:

§ 165.205 Ohio River at Cincinnati, OH;

regulated navigation area.

(a) Location. The following is a

regulated navigation area (RNA): The

waters of the Ohio River between mile

466.0 and mile 473.0.

(b) Activation. The restrictions in

paragraphs (c) (1) through (4) of this

section are in effect from one-half hour

before sunset to one-half hour after

sunrise when the Cincinnati, Ohio, Ohio

River Gauge is at or above the 45 foot

level. The Captain of the Port,

Louisville, Kentucky will publish a

notice in the Local Notice to Mariners

and will make announcements by Coast

Guard Marine Information Broadcasts

whenever the river level measured at

the gauge activates or terminates the

navigation restrictions in this section.

(c) Regulations. (1) Transit through

the RNA by all downbound vessels

towing cargoes regulated by Title 46

Code of Federal Regulations

Subchapters D and O with a tow length

exceeding 600 feet excluding the tow

boat is prohibited.

(2) No vessel shall loiter, anchor, stop,

remain or drift without power at

anytime within the navigation channel

of the RNA.

(3) All commercial vessels shall

continually monitor VHF–FM channel

13 on their radiotelephone while in or

approaching the RNA.

(4) Between Ohio River miles 466.0

and 467.0, downbound vessels shall

make a broadcast in the blind, on VHF–

FM channel 13 announcing their

presence in the RNA.

Dated: April 14, 1995.

Paul M. Blayney,

Rear Admiral, U.S. Coast Guard Commander,

Second Coast Guard District, St. Louis, MO.

[FR Doc. 95–11890 Filed 5–15–95; 8:45 am]

BILLING CODE 4910–14–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 70

[AD–FRL–5206–3]

Clean Air Act Proposed Interim

Approval of the Operating Permits

Program; Monterey Bay Unified Air

Pollution Control District, California

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: The EPA proposes interim

approval of the Operating Permits

Program submitted by the Monterey Bay

Unified Air Pollution Control District

(Monterey or District) for the purpose of

complying with federal requirements for

an approvable state program to issue

operating permits to all major stationary

sources, and to certain other sources.

DATES: Comments on this proposed

action must be received in writing by

June 15, 1995.

ADDRESSES: Comments should be

addressed to Regina Spindler, Mail

Code A–5–2, U.S. Environmental

Protection Agency, Region IX, Air and

Toxics Division, 75 Hawthorne Street,

San Francisco, CA 94105.

Copies of the District submittal and

other supporting information used in

developing the proposed interim

approval are available for inspection

during normal business hours at the

following location: U.S. Environmental

Protection Agency, Region IX, 75

Hawthorne Street, San Francisco, CA

94105.

FOR FURTHER INFORMATION CONTACT:

Regina Spindler (telephone: 415/744–

1251), Mail Code A–5–2, U.S.

Environmental Protection Agency,

Region IX, Air and Toxics Division, 75

Hawthorne Street, San Francisco, CA

94105.

SUPPLEMENTARY INFORMATION:

I. Background and Purpose

As required under title V of the Clean

Air Act (Act) as amended (1990), EPA

has promulgated rules that define the

minimum elements of an approvable

state operating permits program and the

corresponding standards and

procedures by which EPA will approve,

oversee, and withdraw approval of state

operating permits programs (see 57 FR

32250 (July 21, 1992)). These rules are

codified at 40 CFR part 70 (part 70).

Title V requires states to develop, and

submit to EPA, programs for issuing

these operating permits to all major

stationary sources and to certain other

sources.

The Act requires that states develop

and submit title V programs to EPA by

November 15, 1993, and that EPA act to

approve or disapprove each program

within 1 year after receiving the

submittal. The EPA’s program review

occurs pursuant to section 502 of the

Act and the part 70 regulations, which

together outline criteria for approval or

disapproval. Where a program

substantially, but not fully, meets the

requirements of part 70, EPA may grant

the program interim approval for a

period of up to 2 years. If EPA has not

fully approved a program by 2 years

after the November 15, 1993 date, or by

the end of an interim program, it must

establish and implement a federal

program.

II. Proposed Action and Implications

A. Analysis of State Submission

The analysis contained in this notice

focuses on specific elements of

Monterey’s title V operating permits

program that must be corrected to meet

the minimum requirements of 40 CFR

part 70. The full program submittal, the

Technical Support Document (TSD),

which contains a detailed analysis of

the submittal, and other relevant

materials are available for inspection as

part of the public docket. The docket

may be viewed during regular business

hours at the address listed above.