Federal Register / Vol. 60, No. 12 / Thursday, January 19, 1995 / Proposed Rules 3793

§ 117.618 Saugus River.

* * * * *

(c) The Fox Hill SR107 Bridge at mile 2.5

shall open on signal, except that from

October 1 through May 31, 7 p.m. to 5 a.m.

daily, and all day on December 25 and

January 1, the draw shall open as soon as

possible, but not more than one hour, after

notice is given to drawtenders either at the

bridge during the time the drawtenders are

on duty or by calling the number posted at

the bridge.

Dated: January 3, 1995.

J.L. Linnon,

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

First Coast Guard District.

[FR Doc. 95–1294 Filed 1–18–95; 8:45 am]

BILLING CODE 4910–14–M

33 CFR Part 117

[CGD01–94–149]

RIN 2115–AE47

Drawbridge Operation Regulations;

Danvers Rivers, MA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard is proposing

a change to the regulations governing

the operation of the Beverly-Salem

SR1A bridge at mile 0.0 between Salem

and Beverly, Massachusetts, and the

Essex County Kernwood Bridge at mile

1.0 between Peabody and Beverly,

Massachusetts. Both bridges span the

Danvers River. These proposed changes

will allow the bridges’ owner, the

Massachusetts Highway Department

(MHD), to reduce the number of hours

in a day that the bridges will be manned

by drawtenders. The changes will

permit a corresponding increase in the

number of hours in a day that the

bridges will be unmanned and opened

only upon one hour advance notice.

This action is being proposed in light of

the historically few requests for bridge

openings during the time periods that

are proposed for expanded one hour

advance notice service.

DATES: Comments must be received on

or before March 20, 1995.

ADDRESSES: Comments should be

mailed to Commander (obr), First Coast

Guard District, Captain John Foster

Wiliams Federal Building, 408 Atlantic

Ave., Boston, Massachusetts 02110–

3350. Comments may also be handdelivered to room 628 at the same

address between 6:30 a.m. and 3 p.m.,

Monday through Friday, except federal

holidays. The telephone number is (617)

223–8364. Comments will become part

of this docket and will be available for

inspection or copying at the above

address.

FOR FURTHER INFORMATION CONTACT: John

W. McDonald, Project Manager, Bridge

Branch, (617) 223–8364.

SUPPLEMENTARY INFORMATION:

Request for Comments

Interested persons are invited to

participate in this rulemaking by

submitting written views, comments

data, or arguments. Persons submitting

comments should include their names

and addresses, identify this rulemaking

(CGD01–94–149), the specific section of

the proposal to which each comment

applies, and give reasons for each

comment. The Coast Guard requests that

all comments and attachments be

submitted in an 81⁄2 x 11 unbound

format suitable for copying and

electronic filing. If that is not practical,

a second copy of any bound material is

requested. Persons desiring

acknowledgment that their comments

have been received should enclose a

stamped, self-addressed post card or

envelope.

The Coast Guard will consider all

comments received during the comment

period, and may change this proposal in

light of comments received. The Coast

Guard plans no public hearing. Persons

may request a public hearing by writing

to Commander (obr), First Coast Guard

District at the address listed under

ADDRESSES. The request should include

reasons why a hearing would be

beneficial. 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 drafters of this notice are Mr.

John W. McDonald, Project Manager,

Bridge Branch, and Lieutenant

Commander Samuel R. Watkins, Project

Counsel, District Legal Office.

Background and Purpose

The Beverly-Salem SR1A Bridge at

mile 0.0 between Salem and Beverly,

Massachusetts, has a vertical clearance

of 10′ above mean high water (MHW)

and 19′ above mean low water (MLW).

The Essex County Kernwood Bridge at

mile 1.0 between Peabody and Beverly,

Massachusetts, has a vertical clearance

of 8′ above MHW and 17′ above MLW.

The MHD has requested authority to

reduce the times when the bridges are

manned by drawtenders and to increase

the times when the bridges are on a 1

hour advance notice for openings. This

request by the MHD seeks relief from

the unnecessary burden of manning the

bridges during times of infrequent

requests for bridge openings.

Discussion of Proposed Amendments

Under the proposed regulations for

the Beverly-Salem SR1A Bridge, from

October 1 through April 30, the daily

period slated for 1 hour advance notice

openings would be expanded by 4

hours, from 8 p.m. until 5 a.m.

Similarly, under the proposed

regulations for the Essex County

Kernwood Bridge, from October 1

through April 30, the daily period slated

for 1 hour advance notice openings

would be expanded by 5 hours, from 7

p.m. until 5 a.m.

These proposed changes would

relieve the MHD of the burden of

manning the bridges with drawtenders

during times of infrequent requests for

bridge openings. The operating

regulations for the MBTA/AMTRAK

Bridge at mile 0.05 would remain

unchanged.

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

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 to be so

minimal that a full Regulatory

Evaluation, under paragraph 10e of the

regulatory policies and procedures of

DOT, is unnecessary. This conclusion is

based on the fact that the regulation will

not prevent mariners from transiting the

Beverly-Salem and Essex County

Kernwood Bridges. Rather, it will only

require mariners to plan their transits

and provide advance notice.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guard

must consider whether this action 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).

Because of the reasons discussed in the

Regulatory Evaluation above, the Coast

Guard certifies under 5 U.S.C. 605(b)

that this action, if adopted, will not

have a significant economic impact on

a substantial number of small entities.
3794 Federal Register / Vol. 60, No. 12 / Thursday, January 19, 1995 / Proposed Rules

1 On July 1, 1993, the SBCAPCD was officially

renamed as the MDAQMD. Rule 463 is still

identified with the SBCAPCD for completeness.

Collection of Information

This rule contains no collection of

information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Federalism

The Coast Guard has analyzed this

proposal in accordance with the

principles and criteria contained in

Executive Order 12612, and it has

determined that this proposed

regulation does not have sufficient

federalism implications to warrant

preparation of a Federalism Assessment.

Environment

The Coast Guard considered the

environmental impact of this proposal

and concluded that, under section 2.B.2.

of Commandant Instruction M16475.1B,

this proposal is categorically excluded

from further environmental

documentation. A Categorical Exclusion

Determination is available in the docket

for inspection or copying where

indicated under ADDRESSES.

List of Subjects in 33 CFR Part 117

Bridges.

For the reasons set out in the

preamble, the Coast Guard proposes to

amend 33 CFR part 117 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); section 117.255 also issued

under the authority of Pub. L. 102–587, 106

Stat. 5039.

2. Section 117.595, paragraphs (a)(4),

(b)(1), and (c) are revised and paragraph

(d) is added to read as follows:

§ 117.595 Danvers River.

(a) * * *

(4) Except as provided in paragraphs

(b) through (d) of this section, the draws

shall open on signal.

(b) * * *

(1) The draw shall open on signal,

except that from May 1 through

September 30, 12 midnight to 5 a.m. and

from October 1 through April 30, 8 p.m.

to 5 a.m., and all day on December 25

and January 1, the draw shall open as

soon as possible, but not more than one

hour, after notice is given to the

drawtenders either at the bridge during

the time the drawtenders are on duty or

by calling the number posted at the

bridge.

* * * * *

(c) The draw of the Massachusetts Bay

Transportation Authority (MBTA)/

AMTRAK Bridge at mile 0.05 between

Salem and Beverly shall open on signal,

except that from 12 midnight to 5 a.m.

daily and all day on December 25 and

January 1, the draw shall open as soon

as possible, but not more than one hour,

after notice is given to the drawtenders

either at the bridge during the time the

drawtenders are on duty or by calling

the number posted at the bridge.

(d) The Essex County Kernwood

Bridge at mile 1.0 shall open on signal,

except that from May 1 through

September 30, 12 midnight to 5 a.m. and

from October 1 through April 30, 7 p.m.

to 5 a.m., and all day on December 25

and January 1, the draw shall open as

soon as possible, but not more than one

hour, after notice is given to the

drawtenders either at the bridge during

the time the drawtenders are on duty or

by calling the number posted at the

bridge.

Dated: January 3, 1995.

J.L. Linnon,

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

First Coast Guard District.

[FR Doc. 95–1293 Filed 1–18–95; 8:45 am]

BILLING CODE 4910–14–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[CA 95–5–6651; FRL–5141–7]

Approval and Promulgation of

Implementation Plans; California State

Implementation Plan Revision, Mojave

Desert Air Quality Management District

and San Bernardino County Air

Pollution Control District

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: EPA is proposing to approve

revisions to the California State

Implementation Plan (SIP), which

concern the control of volatile organic

compound (VOC) emissions from the

loading, transfer, and storage of organic

liquids, including gasoline.

The intended effect of proposing

approval of these rules 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 notice of

proposed rulemaking (NPRM) will

incorporate these rules into the federally

approved SIP. EPA has evaluated each

of these rules and is proposing to

approve them 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 February 21, 1995.

ADDRESSES: Comments may be mailed

to: Daniel A. Meer, Rulemaking Section

(A–5–3), Air and Toxics Division, U.S.

Environmental Protection Agency,

Region IX, 75 Hawthorne Street, San

Francisco, CA 94105–3901.

Copies of the rules and EPA’s

evaluation report of each rule are

available for public inspection at EPA’s

Region 9 office during normal business

hours. Copies of the submitted rules are

also available for inspection at the

following locations:

California Air Resources Board,

Stationary Source Division, Rule

Evaluation Section, 2020 ‘‘L’’ Street,

Sacramento, CA 95814.

Mojave Desert Air Quality Management

District (formerly San Bernardino

County APCD), 15428 Civic Drive,

Suite 200, Victorville, CA 92392–

2383.

FOR FURTHER INFORMATION CONTACT:

Duane F. James, Rulemaking Section

(A–5–3), Air and Toxics Division, U.S.

Environmental Protection Agency,

Region IX, 75 Hawthorne Street, San

Francisco, CA 94105–3901, (415) 744–

1191.

SUPPLEMENTARY INFORMATION:

Applicability

The rules being proposed for approval

into the California SIP include: Mojave

Desert Air Quality Management

District’s (MDAQMD) Rule 461,

‘‘Gasoline Transfer and Dispensing,’’

and Rule 462, ‘‘Organic Liquid

Loading,’’ and San Bernardino County

Air Pollution Control District’s

(SBCAPCD) Rule 463, ‘‘Storage of

Organic Liquids.’’ SBCAPCD’s Rule 463

was adopted and submitted prior to the

district being renamed to the MDAQMD.

These rules were submitted by the

California Air Resources Board to EPA

on January 11, 1993 (Rule 463) and July

13, 1994 (Rules 461 and 462).

Background

On March 3, 1978, EPA promulgated

a list of ozone nonattainment areas

under the provisions of the Clean Air

Act, as amended in 1977 (1977 CAA or

pre-amended Act), that included the

former SBCAPCD.1 43 FR 8964; 40 CFR

81.305. Because this area was unable to

meet the statutory attainment date of

December 31, 1982, California requested