27482 Federal Register / Vol. 66, No. 96 / Thursday, May 17, 2001 / Proposed Rules

a significant regulatory action within

the meaning of Executive Order 12866

or significant within the meaning of

U.S. Department of Transportation

regulatory policies and procedures. It is

anticipated that the economic impact of

this rulemaking would be minimal. The

new standards and other changes

proposed in this notice are intended to

improve traffic operations and safety,

and provide additional guidance,

clarification, and optional applications

for traffic control devices. The FHWA

expects that these proposed changes

will create uniformity and enhance

safety and mobility at little additional

expense to public agencies or the

motoring public. Therefore, a full

regulatory evaluation is not required.

Regulatory Flexibility Act

In compliance with the Regulatory

Flexibility Act (5 U.S.C. 601–612), the

FHWA has evaluated the effects of this

proposed action on small entities. This

notice of proposed amendment proposes

revised wording on the design and

installation of traffic control devices,

specifically accessible pedestrian

signals, in the MUTCD. The proposed

changes are intended to improve traffic

operations and safety, expand guidance,

and clarify application of traffic control

devices as it relates to accessible

pedestrian signals. The FHWA hereby

certifies that these proposed revisions

would not have a significant economic

impact on a substantial number of small

entities.

Unfunded Mandates Reform Act of

1995

This proposed rule would not impose

unfunded mandates as defined by the

Unfunded Mandates Reform Act of 1995

(Pub. L. 104–4, March 22, 1995, 109

Stat. 48). This proposed rule will not

result in the expenditure by State, local,

and tribal governments, in the aggregate,

or by the private sector, of $100 million

or more in any one year (2 U.S.C. 1531

et seq.).

Executive Order 13132 (Federalism)

The FHWA has analyzed this

proposed action in accordance with the

principles and criteria contained in

Executive Order 13132 dated August 4,

1999. This proposal amends the existing

regulation to revise wording on the

design and installation of traffic control

devices, specifically accessible

pedestrian signals, in the MUTCD. The

FHWA has consulted with States and

local governments and believes that the

proposed changes will not increase

direct cost compliance costs of States

and local governments.

Executive Order 13175 (Tribal

Consultation)

The FHWA has analyzed this

proposal under Executive Order 13175,

dated November 6, 2000, and believes

that the notice of proposed amendment

would not have substantial direct effects

on one or more Indian tribes; will not

impose substantial direct compliance

costs on Indian tribal governments; and

will not preempt tribal law. The

proposed changes in this notice of

proposed amendment revise guidance

and supporting information, not

standards, related to the decisionmaking

process concerning whether or not to

install accessible pedestrian signals.

Therefore, a tribal summary impact

statement is not required.

Executive Order 12372

(Intergovernmental Review)

Catalog of Federal Domestic

Assistance Program Number 20.205,

Highway Planning and Construction.

The regulations implementing Executive

Order 12372 regarding

intergovernmental consultation on

Federal programs and activities apply to

this program.

Paperwork Reduction Act

Under the Paperwork Reduction Act

of 1995 (PRA) (44 U.S.C. 3501, et seq.),

Federal agencies must obtain approval

from the Office of Management and

Budget (OMB) for each collection of

information they conduct, sponsor, or

require through regulations. The FHWA

has determined that this proposed

action does not contain a collection of

information requirement for purposes of

the PRA.

Executive Order 12988 (Civil Justice

Reform)

This proposed action meets

applicable standards in Sections 3(a)

and 3(b)(2) of Executive Order 12988,

Civil Justice Reform, to minimize

litigation, eliminate ambiguity, and

reduce burden.

Executive Order 13045 (Protection of

Children)

The FHWA has analyzed this

proposed action under Executive Order

13045, Protection of Children from

Environmental Health Risks and Safety

Risks. This is not an economically

significant action and does not concern

an environmental risk to health or safety

that may disproportionately affect

children.

Executive Order 12630 (Taking of

Private Property)

This proposed action would not effect

a taking of private property or otherwise

have taking implications under

Executive Order 12630, Governmental

Actions and Interference with

Constitutionally Protected Property

Rights.

National Environmental Policy Act

The agency has analyzed this

proposed action for the purpose of the

National Environmental Policy Act of

1969 (42 U.S.C. 4321 et seq.) and has

determined that it would not have any

effect on the quality of the environment.

Regulation Identification Number

A regulation identification number

(RIN) is assigned to each regulatory

action listed in the Unified Agenda of

Federal Regulations. The Regulatory

Information Service Center publishes

the Unified Agenda in April and

October of each year. The RIN contained

in the heading of this document can be

used to cross reference this action with

the Unified Agenda.

List of Subjects in 23 CFR Part 655

Design standards, Grant programs—

Transportation, Highways and roads,

Incorporation by reference, Signs,

Traffic regulations.

(23 U.S.C. 101(a), 104, 109(d), 114(a), 217,

315, and 402(a); 23 CFR 1.32; and 49 CFR

1.48(b))

Issued on: May 11, 2001.

Vincent F. Schimmoller,

Deputy Executive Director, Federal Highway

Administration.

[FR Doc. 01–12426 Filed 5–16–01; 8:45 am]

BILLING CODE 4910–22–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[DE 054–1031b; FRL–6981–3]

Approval and Promulgation of Air

Quality Implementation Plans;

Delaware; Nitrogen Oxides Budget

Trading Program

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA proposes to approve the

State Implementation Plan (SIP)

revision submitted by the State of

Delaware for the purpose of establishing

a nitrogen oxides ( NOX) allowance

trading program for large electric

generating and industrial units,

beginning in 2003. In the Final Rules

section of this Federal Register, EPA is

approving the State’s SIP submittal as a

direct final rule without prior proposal

Federal Register / Vol. 66, No. 96 / Thursday, May 17, 2001 / Proposed Rules 27483

because the Agency views this as a

noncontroversial submittal and

anticipates no adverse comments. A

detailed rationale for the approval is set

forth in the direct final rule. If no

adverse comments are received in

response to this action, no further

activity is contemplated. If EPA receives

adverse comments, the direct final rule

will be withdrawn and all public

comments received will be addressed in

a subsequent final rule based on this

proposed rule. EPA will not institute a

second comment period. Any parties

interested in commenting on this action

should do so at this time. Please note

that if EPA receives adverse comment

on an amendment, paragraph, or section

of this rule and if that provision may be

severed from the remainder of the rule,

EPA may adopt as final those provisions

of the rule that are not the subject of an

adverse comment.

DATES: Comments must be received in

writing by June 18, 2001.

ADDRESSES: Written comments should

be mailed to David L. Arnold, Chief, Air

Quality Planning and Information

Services Branch, Mailcode 3AP21, U.S.

Environmental Protection Agency,

Region III, 1650 Arch Street,

Philadelphia, Pennsylvania 19103.

Copies of the documents relevant to this

action are available for public

inspection during normal business

hours at the Air Protection Division,

U.S. Environmental Protection Agency,

Region III, 1650 Arch Street,

Philadelphia, Pennsylvania 19103; and

Delaware Department of Natural

Resources & Environmental Control, 89

Kings Highway, P.O. Box 1401, Dover,

Delaware 19903.

FOR FURTHER INFORMATION CONTACT:

Cristina Fernandez, (215) 814–2178, at

the EPA Region III address above, or by

e-mail at fernandez.cristina@epa.gov.

SUPPLEMENTARY INFORMATION: On

November 17, 2000, the Delaware

Department of Natural Resources and

Environmental Control (DNREC)

submitted a revision to its SIP to

address the requirements of the NOX SIP

Call Phase I. The revision consists of the

adoption of Regulation No. 39—

Nitrogen Oxides Budget Trading

Program. For further information, please

see the information provided in the

direct final action, with the same title,

that is located in the ‘‘Rules and

Regulations’’ section of this Federal

Register publication.

Dated: May 8, 2001.

Thomas C. Voltaggio,

Acting Regional Administrator, Region III.

[FR Doc. 01–12352 Filed 5–16–01; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[KY–200108; IN121–1; FRL–6982–2]

Determination of Attainment of Ozone

Standard by Louisville, Kentucky and

Indiana, Area and Determination

Regarding Applicability of Certain

Reasonable Further Progress and

Attainment Demonstration

Requirements

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: The EPA is proposing to

determine that the Louisville moderate

ozone nonattainment area (Louisville

area) has attained the 1-hour ozone

National Ambient Air Quality Standard

(NAAQS). The Louisville area includes

Jefferson County and portions of Bullitt

and Oldham Counties, Kentucky, and

Clark and Floyd Counties, Indiana. This

proposed determination is based on

three years of complete, quality-assured,

ambient air monitoring data for the 1998

to 2000 ozone seasons that demonstrate

that the area has attained the 1-hour

ozone NAAQS. On the basis of this

determination, EPA is also proposing to

determine that State Implementation

Plan (SIP) submissions for certain

reasonable further progress (RFP) and

attainment demonstration requirements,

along with certain other related

requirements of part D of Title 1 of the

Clean Air Act (CAA) are no longer

required for the Louisville area for so

long as the area continues to attain the

1-hour ozone NAAQS. All previouslyapproved SIP revisions must continue to

be implemented and enforced and are

not affected by this action.

DATES: Written comments on EPA’s

proposed action must be received on or

before June 18, 2001.

ADDRESSES: All comments should be

addressed to: Allison Humphris,

Environmental Scientist, Regulatory

Planning Section, Air Planning Branch,

U.S. Environmental Protection Agency,

61 Forsyth Street, SW, Atlanta, Georgia,

30303. J. Elmer Bortzer, Chief,

Regulation Development Section, Air

Programs Branch (AR–18J), United

States Environmental Protection

Agency, 77 West Jackson Boulevard,

Chicago, Illinois 60604. A copy of the

air quality data and EPA’s analysis are

available at the following addresses for

inspection during normal business

hours: United States Environmental

Protection Agency, Region 4, Air

Planning Branch, Regulatory Planning

Section, 61 Forsyth Street, SW, Atlanta,

Georgia 30303–8960. United States

Environmental Protection Agency,

Region 5, Air Programs Branch (AR–

18J), Regulation Development Section,

77 West Jackson Boulevard, Chicago,

Illinois 60604.

FOR FURTHER INFORMATION CONTACT:

Allison Humphris, Environmental

Scientist, Regulatory Planning Section,

Air Planning Branch, U.S.

Environmental Protection Agency,

Region 4, 61 Forsyth Street, SW,

Atlanta, Georgia, 30303, (404) 562–9030,

(humphris.allison@epa.gov). Ryan Bahr,

Environmental Engineer, Regulation

Development Section, Air Programs

Branch (AR–18J), United States

Environmental Protection Agency,

Region 5, Chicago, Illinois 60604, (312)

353–4366, (bahr.ryan@epa.gov).

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Determination of Attainment

A. What action is EPA proposing to take?

B. Why is EPA taking this action?

C. How was the number of estimated

exceedances at the Charlestown Monitor

determined?

D. What would be the effect of this action?

E. What is the background for this action?

F. Where is the public record and where

do I send comments?

II. What administrative requirements did

EPA consider?

I. Determination of Attainment

A. What Action is EPA Proposing to

Take?

The EPA is proposing to determine

that the Louisville area has attained the

1-hour ozone NAAQS. The Louisville

area includes Jefferson County and

portions of Bullitt and Oldham

Counties, Kentucky, and Clark and

Floyd Counties, Indiana. On the basis of

this determination, EPA is also

determining that certain requirements of

part D of Title I of the CAA do not apply

to the Louisville area. SIP submittals

based on these requirements are no

longer required so long as the Louisville

area continues to attain the NAAQS.

These requirements include RFP (see

the general requirement of section

172(c)(2) and the more specific

requirement of section 182(b)(1) for a

plan that reduces volatile organic

compound (VOC) emissions by 15%),

attainment demonstration (see the

general requirement of section 172(c)(1))

and the specific requirement of section

182(j) for a multi-state attainment

demonstration) and contingency

measures (see the general requirement

of section 172(c)(9)). Making these

sections inapplicable to the area means

that the States are not required to