27888 Federal Register / Vol. 60, No. 102 / Friday, May 26, 1995 / Rules and Regulations

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 under

the regulatory policies and procedures

of the Department of Transportation

(DOT) (44 FR 11040; February 26, 1979).

Because the duration of this emergency

situation is anticipated to be short, 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.

To avoid any unnecessary adverse

economic impact on businesses which

use the river for commercial purposes,

Captain of the Port, Louisville,

Kentucky will monitor river conditions

and will authorize entry of restricted

vessels into the regulated area as

conditions permit. Changes will be

announced by Marine Safety

Information Radio broadcast (Broadcast

Notice to Mariners) on VHF marine

band radio, channel 22 (157.1 MHZ).

Mariners may also call LT Paul D.

Thorne, Supervisor, Coast Guard Marine

Safety Detachment, Cincinnati, Ohio at

(513) 922–3820 for current information.

Collection of Information

This rule 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

rule under the principles and criteria

contained in Executive Order 12612 and

has determined that it does not raise

sufficient federalism implications to

warrant the preparation of a Federalism

Assessment.

Environment

The Coast Guard considered the

environmental impact of this rule and

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

Commandant Instruction M16475.1B,

this rule is categorically excluded from

further environmental documentation.

Lists of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Waterways.

For the reasons set out in the

preamble, the Coast Guard amends 33

CFR Part 165 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;

33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5;

49 CFR 1.46.

2. A new temporary § 165.T02–008 is

added, to read as follows:

§ 165.T02–008 Safety Zone: Ohio River,

Cincinnati, OH.

(a) Location. The following area is a

safety zone: The Ohio River between

miles 468.5 and 473.0.

(b) Effective Dates. This section

becomes effective on May 18, 1995, at

4 p.m. EDST. It will terminate at 6 p.m.

EDST on May 30, 1995, unless sooner

terminated by the Captain of the Port,

Louisville, Kentucky.

(c) Regulations. In accordance with

the general regulations of § 165.23 of

this part, entry into this zone 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

from one-half hour before sunset to onehalf hour after sunrise. The Captain of

the Port will notify the maritime

community of river conditions affecting

the area covered by this safety zone by

Marine Safety Information Radio

Broadcast on VHF Marine Band Radio,

Channel 22 (157.1 MHZ).

Dated: May 18, 1995.

W.J. Morani, Jr.,

Captain, U.S. Coast Guard, Captain of the

Port, Louisville, Kentucky.

[FR Doc. 95–13027 Filed 5–25–95; 8:45 am]

BILLING CODE 4910–14–M

33 CFR Part 165

[COTP Paducah 95–001]

RIN 2115–AA97

Safety zone; Tennessee River, Mile

161.5 to 162.5

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone on

the Tennessee River from mile 161.5 to

162.5. The zone is needed to protect life

and property during the salvage of a

highway bridge that collapsed into the

river. The regulation restricts navigation

into the zone.

EFFECTIVE DATE: This regulation

becomes effective at 9:30 a.m. on May

19, 1995 and terminates at 8 p.m. on

June 30, 1995.

FOR FURTHER INFORMATION CONTACT:

LTJG Patrick S. Reilly, Operations

Officer, Captain of the Port, Paducah,

Kentucky at (502) 442–1621.

SUPPLEMENTARY INFORMATION:

Background and Purpose

The situation requiring this rule is the

reduction of the navigation channel at

mile 161.9 on the Tennessee River due

to the collapsing of a highway over the

river. Construction equipment will be

onscene to remove the obstruction to

navigation and the remainder of the

bridge in the water has reduced a

navigable channel to approximately 150

feet. The rule is intended to limit

commercial tows to no more than three

barges long by one barge wide and to

require tows to use the assist tug

provided by the bridge construction

company. Commercial tows can transit

the safety zone only during daylight

hours. Light commercial boats and

recreational vessels will be allowed to

transit the zone twenty four hours, but

must contact the Coast Guard

representative onscene for transiting

instructions. All vessels must contract

Coast Guard representative onsence via

VHF–FM channel 13 or 16 for passing

instructions.

In accordance with 5 U.S.C. 553, a

notice of proposed rulemaking was not

published for this rule and good cause

exists for making it effective in less than

30 days after Federal Register

publication. Following normal

rulemaking procedures would have

been impracticable. Publication of a

notice of proposed rulemaking and

delay of effective date would be

contrary to the public interest because

immediate action is necessary to

prevent injury to human life or damage

to property of vessels that would be

transiting the area.

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 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 proposal to be so minimal

that a full Regulatory Evaluation under

paragraph 10e of the regulatory policies

and procedures of DOT is unnecessary

because of the short duration of the

closure.
Federal Register / Vol. 60, No. 102 / Friday, May 26, 1995 / Rules and Regulations 27889

Collection of Information

This rule contains no information

collection requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Federalism

The Coast Guard has analyzed this

rule under the principles and criteria

contained in Executive Order 12612 and

has determined that this rule does not

have sufficient federalism implications

to warrant the preparation of a

Federalism Assessment.

Environment

The Coast Guard considered the

environmental impact of this rule and

concluded that, under paragraph

2.B.2.g[5] of Commandant Instruction

M16475.1B, (as revised by 59 FR 38654;

July 29, 1994) this rule is categorically

excluded from further environmental

documentation as an action to protect

public safety. A Categorical Exclusion

Determination has been prepared and

placed in the rulemaking.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water) Reporting and recordkeeping,

requirements Security measures,

Waterways.

For the reasons set out in the

preamble, the Coast Guard amends 33

CFR Part 165 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;

33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5;

49 CFR 1.46.

2. A temporary § 165.T02–017 is

added to read as follows:

§ 165.T02–017 Safety Zone; Tennessee

River mile 161.5 to 162.5.

(a) Location. The following area is a

Safety Zone: Tennessee River mile 161.5

to 162.5.

(b) Effective Dates. This section

becomes effective at 9:30 a.m. on May

19, 1995 and terminates at 8 p.m. on

June 30, 1995.

(c) Regulations. In accordance with

the general regulations in § 165.23 of

this part, entry into this zone is

prohibited except as authorized by the

Captain of the Port.

Dated: May 19, 1995.

Robert M. Segovis,

Commander, USCG, Captain of the Port.

[FR Doc. 95–13026 Filed 5–25–95; 8:45 am]

BILLING CODE 4910–14–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[DC15–1–6358; FRL–5178–7]

Approval and Promulgation of Air

Quality Implementation Plans; District

of Columbia—Emission Statement

Program

AGENCY: U.S. Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving a State

Implementation Plan (SIP) revision

submitted by the District of Columbia.

This revision consists of an emission

statement program for stationary sources

which emit volatile organic compounds

(VOCs) and/or nitrogen oxides (NOX) at

or above specified actual emission

threshold levels. The intended effect of

this action is to approve a regulation for

annual reporting of actual emissions by

sources that emit VOC and/or NOX

within the District in accordance with

section 182(a)(3)(b) of the 1990 Clean

Air Act Amendments (CAAA). This

action is being taken under section 110

of the Clean Air Act.

EFFECTIVE DATE: This action will become

effective July 25, 1995 unless notice is

received on or before June 26, 1995 that

adverse or critical comments will be

submitted. If the effective date is

delayed, timely notice will be published

in the Federal Register.

ADDRESSES: Comments may be mailed to

Thomas J. Maslany, Director, Air,

Radiation, and Toxics Division, U.S.

Environmental Protection Agency,

Region III, 841 Chestnut Building,

Philadelphia, Pennsylvania, 19107.

Copies of the documents relevant to this

action are available for public

inspection during normal business

hours at the Air, Radiation, and Toxics

Division, U.S. Environmental Protection

Agency, Region III, 841 Chestnut

Building, Philadelphia, PA 19107; the

Air and Radiation Docket and

Information Center, U.S. Environmental

Protection Agency, 401 M Street. SW,

Washington, DC 20460; and the

Environmental Regulation

Administration, District of Columbia

Department of Consumer and

Regulatory Affairs, 2100 Martin Luther

King Ave, S.E., Washington, DC 20020.

FOR FURTHER INFORMATION CONTACT: Enid

A. Gerena, U.S. Environmental

Protection Agency, Air, Radiation, and

Toxics Division, 841 Chestnut Building,

Philadelphia, PA 19107, (215) 597–

8239.

SUPPLEMENTARY INFORMATION: On

October 22, 1993, the District of

Columbia Department of Consumer and

Regulatory Affairs (DCRA) submitted a

formal revision to its SIP. One of those

revisions is the District’s Emission

Statement program which requires

owners of stationary sources that emit

VOCs and/or NOX, above specified

actual emission applicability thresholds,

to submit annual statements certifying

emissions. This notice only addresses

the District’s Emission Statement SIP

submittal. The other revisions submitted

on October 22, 1993 are the subjects of

separate rulemaking notices.

I. Background

The air quality planning and State

Implementation Plan (SIP) requirements

for ozone nonattainment and transport

areas are set out in subparts I and II of

Part D of Title I of the Clean Air Act,

as amended by the Clean Air Act

Amendments of 1990. EPA published a

‘‘General Preamble’’ describing EPA’s

preliminary views on how it intends to

review SIP’s and SIP revisions

submitted under Title I of the CAA,

including those State submittals for

ozone transport areas within the States

{see 57 FR 13498 (April 16, 1992) [’’SIP:

General Preamble for the

Implementation of Title I of the Clean

Air Act Amendments of 1990’’], 57 FR

18070 (April 28, 1992) [’’Appendices to

the General Preamble’’], and 57 FR

55620 (November 25, 1992) [’’SIP: NOX

Supplement to the General Preamble’’]}.

EPA also issued a draft guidance

document describing the requirements

for the emission statement programs

discussed in this action, entitled

‘‘Guidance on the Implementation of an

Emission Statement Program’’ (July,

1992). The Agency is also conducting a

rulemaking process to modify title 40,

part 51 of the CFR to reflect the

requirements of the emission statement

program.

Section 182 of the Act sets out a

graduated control program for ozone

nonattainment areas. Section 182(a) sets

out requirements applicable in marginal

ozone nonattainment areas, which are

also made applicable by section 182 (b),

(c), (d), and (e) to all other ozone

nonattainment areas. Among the

requirements in section 182(a) is a

program for stationary sources to

prepare and submit to the State each

year emission statements certifying their

actual emissions of VOCs and NOX. This

section of the Act provides that the

States or in this case the District, are to

submit a revision to their SIPs by

November 15, 1992 establishing this

emission statement program.