20778 Federal Register / Vol. 66, No. 80 / Wednesday, April 25, 2001 / Proposed Rules

publish in the Federal Register notice of

and the reasons for such denial.

(b) Civil judicial penalties.

(1) Generally. Any person who

violates this subpart shall be subject to

a civil penalty not to exceed $25,000 per

day for each violation. Each day a

violation continues constitutes a

separate violation.

(2) Limitation. A person is not liable

for a civil judicial penalty under this

paragraph for a violation if the person

has been assessed a civil administrative

penalty under paragraph (a) of this

section for the violation.

(c) Determination of amount. In

determining the amount of a civil

penalty under paragraphs (a) or (b) of

this section, the court or the Secretary

or his delegatee shall consider the

seriousness of the violation, any history

of such violations, any good-faith efforts

to comply with applicable requirements,

the economic impact of the penalty on

the violator, and other such matters as

justice may require.

(d) Criminal Penalties.

(1) Negligent violations. Any person

who negligently violates this subpart

commits a Class A misdemeanor.

(2) Knowing violations. Any person

who knowingly violates this subpart

commits a Class D felony.

(3) False Statements. Any person who

knowingly makes any false statement,

representation, or certification in any

record, report or other document filed or

required to be maintained under this

subpart, or who falsifies, tampers with,

or knowingly renders inaccurate any

testing or monitoring device or method

required to be maintained under this

subpart commits a Class D felony.

(e) Awards.

(1) The Secretary or his delegatee or

the court, when assessing any fines or

civil penalties, as the case may be, may

pay from any fines or civil penalties

collected under this section an amount

not to exceed one-half of the penalty or

fine collected to any individual who

furnished information which leads to

the payment of the penalty or fine. If

several individuals provide such

information, the amount shall be

divided equitably among such

individuals. No officer or employee of

the United States, the State of Alaska or

any Federally recognized Tribe who

furnishes information or renders service

in the performance of his or her official

duties shall be eligible for payment

under this paragraph (e)(1).

(2) The Secretary, his delegatee, or a

court, when assessing any fines or civil

penalties, as the case may be, may pay,

from any fines or civil penalties

collected under this section, to the State

of Alaska or any Federally recognized

Tribe providing information or

investigative assistance which leads to

payment of the penalty or fine, an

amount which reflects the level of

information or investigative assistance

provided. Should the State of Alaska or

a Federally recognized Tribe and an

individual under paragraph (e)(1) of this

section be eligible for an award, the

Secretary, his delegatee, or the court, as

the case may be, shall divide the

amount equitably.

(f) Liability in rem. A cruise vessel

operated in violation of this subpart is

liable in rem for any fine imposed under

paragraph (c) of this section or for any

civil penalty imposed under paragraphs

(a) or (b) of this section, and may be

proceeded against in the United States

district court of any district in which

the cruise vessel may be found.

Dated: April 18, 2001.

J.V. O’Shea,

Captain, U.S. Coast Guard, Acting

Commander, Seventeenth Coast Guard

District.

[FR Doc. 01–10140 Filed 4–24–01; 8:45 am]

BILLING CODE 4910–15–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[TX–101–1–7394b; FRL–6969–2]

Approval and Promulgation of

Implementation Plans; Texas; Post 96

Rate of Progress Plan, Motor Vehicle

Emissions Budgets (MVEB) and

Contingency Measures for the

Houston/Galveston (HGA) Ozone

Nonattainment Area

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: The EPA is proposing to give

direct final approval to portions the

Texas State Implementation Plan (SIP)

revision submitted by the Governor of

Texas on May 19, 1998 to meet the

reasonable further progress

requirements of the Clean Air Act (the

Act). We are also approving the Motor

Vehicle Emissions Budget (MVEB)

established by the Reasonable Further

Progress Plan, revisions to the Houston

area’s contingency measures and

revisions to the 1990 base year

emissions inventory for the Houston/

Galveston nonattainment area. The EPA

is proposing to take direct final action

on revisions to the Texas State

Implementation Plan.

In the ‘‘Rules and Regulations’’

section of this Federal Register, EPA is

approving the State’s SIP revision as a

direct final rule without prior proposal

because the EPA views this as a

noncontroversial revision and

anticipates no adverse comment. The

EPA has explained its reasons for this

approval in the preamble to the direct

final rule. If EPA receives no relevant

adverse comments, the EPA will not

take further action on this proposed

rule. If EPA receives relevant adverse

comment, EPA will withdraw the direct

final rule and it will not take effect. The

EPA will address all public comments

in a subsequent final rule based on this

proposed rule. The EPA will not

institute a second comment period on

this action. Any parties interested in

commenting must do so at this time.

DATE: Written comments must be

received by May 25, 2001.

ADDRESSES: Written comments should

be addressed to Mr. Thomas H. Diggs,

Chief, Air Planning Section (6PD–L), at

the EPA Region 6 Office listed below.

Copies of documents relevant to this

action are available for public

inspection during normal business

hours at the following locations.

Anyone wanting to examine these

documents should make an

appointment with the appropriate office

at least two working days in advance.

Environmental Protection Agency,

Region 6, Air Planning Section (6PD–L),

1445 Ross Avenue, Dallas, Texas 75202–

2733.

Texas Natural Resource Conservation

Commission, Office of Air Quality,

12124 Park 35 Circle, Austin, Texas

78753.

FOR FURTHER INFORMATION CONTACT: Mr.

Guy R. Donaldson, P.E., Air Planning

Section (6PD–L), EPA Region 6, 1445

Ross Avenue, Dallas, Texas 75202–2733,

telephone (214)665–6691.

SUPPLEMENTARY INFORMATION: This

document concerns Post 96 Rate of

Progress requirements in the Houston

Galveston ozone nonattainment area.

For further information, please see the

information provided in the direct final

action that is located in the ‘‘Rules and

Regulations’’ section of this Federal

Register publication.

Authority: 42 U.S.C. 7401 et seq.

Dated: April 5, 2001.

Jerry Clifford,

Acting Regional Administrator, Region 6.

[FR Doc. 01–10118 Filed 4–24–01; 8:45 am]

BILLING CODE 6560–50–P