62758 Federal Register / Vol. 60, No. 235 / Thursday, December 7, 1995 / Rules and Regulations

federal section 112(g) rule and adoption

of implementing State regulations.

For this reason, EPA is approving the

use of San Diego’s preconstruction

review program as a mechanism to

implement section 112(g) during the

transition period between promulgation

of the section 112(g) rule and adoption

by San Diego of rules specifically

designed to implement section 112(g).

However, since the sole purpose of this

approval is to confirm that the District

has a mechanism to implement section

112(g) during the transition period, the

approval itself will be without effect if

EPA decides in the final section 112(g)

rule that there will be no transition

period. The EPA is limiting the duration

of this approval to 18 months following

promulgation by EPA of the section

112(g) rule.

3. Program for Delegation of Section 112

Standards as Promulgated

Requirements for approval, specified

in 40 CFR section 70.4(b), encompass

section 112(l)(5) requirements for

approval of a program for delegation of

section 112 standards as promulgated by

EPA as they apply to part 70 sources.

Section 112(l)(5) requires that a state’s

program contain adequate authorities,

adequate resources for implementation,

and an expeditious compliance

schedule, which are also requirements

under part 70. Therefore, EPA is also

promulgating approval under section

112(l)(5) and 40 CFR part 63.91 of San

Diego’s program for receiving delegation

of section 112 standards that are

unchanged from federal standards as

promulgated. California Health and

Safety Code section 39658 provides for

automatic adoption by CARB of section

112 standards upon promulgation by

EPA. Section 39666 of the Health and

Safety Code requires that districts then

implement and enforce these standards.

Thus, when section 112 standards are

automatically adopted pursuant to

section 39658, San Diego will have the

authority necessary to accept delegation

of these standards without further

regulatory action by the District. The

details of this mechanism and the

means for finalizing delegation of

standards will be set forth in an

implementation agreement between San

Diego and EPA. This program applies to

both existing and future standards but is

limited to sources covered by the part

70 program.

III. Administrative Requirements

A. Docket

Copies of San Diego’s submittal and

other information relied upon for this

direct final action is contained in docket

number CA-SD–95–1–OPS maintained

at the EPA Regional Office. The docket

is an organized and complete file of all

the information submitted to, or

otherwise considered by, EPA in the

development of this direct final

rulemaking. The docket is available for

public inspection at the location listed

under the ADDRESSES section of this

document.

B. Regulatory Flexibility Act

The EPA’s actions under section 502

of the Act do not create any new

requirements, but simply address

operating permits programs submitted

to satisfy the requirements of 40 CFR

part 70. Because this action does not

impose any new requirements, it does

not have a significant impact on a

substantial number of small entities.

C. Unfunded Mandates

Under section 202 of the Unfunded

Mandates Reform Act of 1995

(‘‘Unfunded Mandates Act’’), signed

into law on March 22, 1995, EPA must

prepare a budgetary impact statement to

accompany any proposed or final rule

that includes a federal mandate that

may result in estimated costs to state,

local, or tribal governments in the

aggregate; or to the private sector, of

$100 million or more. Under section

205, EPA must select the most costeffective and least burdensome

alternative that achieves the objectives

of the rule and is consistent with

statutory requirements. Section 203

requires EPA to establish a plan for

informing and advising any small

governments that may be significantly

or uniquely impacted by the rule.

EPA has determined that the approval

action promulgated today does not

include a federal mandate that may

result in estimated costs of $100 million

or more to either state, local, or tribal

governments in the aggregate, or to the

private sector. This federal action

approves pre-existing requirements

under state or local law, and imposes no

new federal requirements. Accordingly,

no additional costs to state, local, or

tribal governments, or to the private

sector, result from this action.

D. Executive Order 12866

The Office of Management and Budget

has exempted this action from review

under Executive Order 12866.

List of Subjects in 40 CFR Part 70

Environmental protection,

Administrative practice and procedure,

Air pollution control, Environmental

protection, Intergovernmental relations,

Operating permits, Reporting and

recordkeeping requirements.

Dated: November 8, 1995.

Felicia Marcus,

Regional Administrator.

Part 70, title 40 of the Code of Federal

Regulations is amended as follows:

PART 70—[AMENDED]

1. The authority citation for part 70

continues to read as follows:

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

2. Appendix A to part 70 is amended

by adding paragraph (x) to the entry for

California to read as follows:

Appendix A to Part 70—Approval

Status of State and Local Operating

Permits Programs

* * * * *

The following district program was

submitted by the California Air

Resources Board on behalf of:

(x) San Diego Air Pollution Control

District: submitted on April 22, 1994

and amended on April 4, 1995 and

October 10, 1995; approval effective on

February 5, 1996, unless adverse or

critical comments are received by

January 8, 1996.

* * * * *

[FR Doc. 95–29836 Filed 12–06–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 70

[AD–FRL–5341–9]

Clean Air Act Interim Approval of

Operating Permits Program; Mariposa

Air Pollution Control District, California

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: The EPA is promulgating

direct final interim approval of the title

V operating permits program submitted

by the California Air Resources Board

(CARB), on behalf of the Mariposa Air

Pollution Control District (Mariposa 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. In

addition, today’s action promulgates

direct final approval of Mariposa’s

mechanism for receiving delegation of

section 112 standards as promulgated.

DATES: This direct final rule is effective

on February 5, 1996 unless adverse or

critical comments are received by

January 8, 1996. If the effective date is

delayed, a timely notice will be

published in the Federal Register.

ADDRESSES: Copies of the District’s

submittal and other supporting
Federal Register / Vol. 60, No. 235 / Thursday, December 7, 1995 / Rules and Regulations 62759

information used in developing this

direct final rule are available for public

inspection (docket number CA–MA–95–

1–OPS) during normal business hours at

the following location: Operating

Permits Section (A–5–2), Air and Toxics

Division, U.S. Environmental Protection

Agency, Region IX, 75 Hawthorne

Street, San Francisco, CA 94105.

FOR FURTHER INFORMATION CONTACT: Sara

Bartholomew (telephone 415/744–

1170), Operating Permits Section (A–5–

2), Air and Toxics Division, U.S.

Environmental Protection Agency,

Region IX, 75 Hawthorne Street, San

Francisco, CA 94105.

SUPPLEMENTARY INFORMATION:

I. Background and Purpose

A. Introduction

Title V of the 1990 Clean Air Act

Amendments (sections 501–507 of the

Clean Air Act (Act)), and implementing

regulations at 40 Code of Federal

Regulations (CFR) part 70 (part 70),

require that states develop and submit

operating permits 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.

The EPA is publishing this action

without prior proposal because the

Agency views this as a noncontroversial

action and anticipates no adverse

comments. However, in a separate

document in this Federal Register

publication, the EPA is proposing

interim approval of the operating permit

program submitted by Mariposa should

adverse or critical comments be filed.

If EPA receives adverse or critical

comments, this action will be

withdrawn before the effective date by

publishing a subsequent document that

will withdraw the final action. All

public comments received will then be

addressed in a subsequent final rule

based on this action serving as the

proposed rule. The EPA will not

institute a second comment period. Any

parties interested in commenting on this

action should do so at this time. If no

such comments are received, the public

is advised that this action will be

effective on February 5, 1996.

B. Federal Oversight and Sanctions

This interim approval, which may not

be renewed, extends until February 9,

1998. During this interim approval

period, Mariposa is protected from

sanctions, and EPA is not obligated to

promulgate, administer and enforce a

federal operating permits program in the

District. Permits issued under a program

with interim approval have full standing

with respect to part 70, and the 1-year

time period for submittal of permit

applications by subject sources begins

upon the effective date of this interim

approval, as does the 3-year time period

for processing the initial permit

applications.

If Mariposa fails to submit a complete

corrective program for full approval by

August 7, 1997, EPA will start an 18-

month clock for mandatory sanctions. If

Mariposa then fails to submit a

corrective program that EPA finds

complete before the expiration of that

18-month period, EPA will be required

to apply one of the sanctions in section

179(b) of the Act, which will remain in

effect until EPA determines that

Mariposa has corrected the deficiency

by submitting a complete corrective

program. Moreover, if the Administrator

finds a lack of good faith on the part of

the District, both sanctions under

section 179(b) will apply after the

expiration of the 18-month period until

the Administrator determines that

Mariposa has come into compliance. In

any case, if, six months after application

of the first sanction, the District still has

not submitted a corrective program that

EPA has found complete, a second

sanction will be required.

If EPA disapproves Mariposa’s

complete corrective program, EPA will

be required to apply one of the section

179(b) sanctions on the date 18 months

after the effective date of the

disapproval, unless prior to that date

Mariposa has submitted a revised

program and EPA has determined that it

corrected the deficiencies that prompted

the disapproval. Moreover, if the

Administrator finds a lack of good faith

on the part of the District, both

sanctions under section 179(b) shall

apply after the expiration of the 18-

month period until the Administrator

determines that Mariposa has come into

compliance. In all cases, if, six months

after EPA applies the first sanction, the

District has not submitted a revised

program that EPA has determined

corrects the deficiencies, a second

sanction is required.

In addition, discretionary sanctions

may be applied where warranted any

time after the expiration of an interim

approval period if Mariposa has not

timely submitted a complete corrective

program or EPA has disapproved its

submitted corrective program.

Moreover, if EPA has not granted full

approval to the District’s program by the

expiration of this interim approval and

that expiration occurs after November

15, 1995, EPA must promulgate,

administer and enforce a federal permits

program for Mariposa upon interim

approval expiration.

II. Direct Final Action and Implications

A. Analysis of State Submission

The analysis contained in this notice

focuses on specific elements of

Mariposa’s title V operating permits

program that must be corrected to meet

the minimum requirements of 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 (CA–MA–95–

1–OPS). The docket may be viewed

during regular business hours at the

address listed above.

1. Support Materials

Mariposa’s title V program was

submitted by the California Air

Resources Board (CARB) on March 8,

1995 and found to be complete on May

25, 1995. Enabling legislation for the

State of California and the Attorney

General’s legal opinion were submitted

by CARB for all districts in California

and therefore were not included

separately in Mariposa’s submittal. The

Mariposa submission does contain a

Governor’s letter requesting source

category-limited interim approval,

District implementing and supporting

regulations, and all other program

documentation required by section 70.4.

EPA will wait to develop an

implementation agreement between

Mariposa and EPA until the District has

title V sources.

2. Regulations and Program

Implementation

Mariposa’s title V implementing

regulation, District Regulation X, was

adopted on February 28, 1995. The

District used the CARB model rule, and

Regulation X is almost identical to the

other smaller districts in California. EPA

has granted interim approval to 23 of

these smaller districts to date, and a

detailed discussion of the issues in

these programs can be found in 60 FR

21720, published on May 3, 1995.

Mariposa’s title V implementing

regulations substantially meet the
62760 Federal Register / Vol. 60, No. 235 / Thursday, December 7, 1995 / Rules and Regulations

requirements of 40 CFR part 70, sections

70.2 and 70.3 for applicability; sections

70.4, 70.5, and 70.6 for permit content,

including operational flexibility; section

70.7 for public participation and permit

modifications; section 70.5 for criteria

that define insignificant activities and

complete application forms; and section

70.11 for enforcement authority.

Although the regulations substantially

meet part 70 requirements, there are a

few deficiencies in the program that are

outlined under section II.B.1. below as

interim approval issues and further

described in the TSD.

3. Permit Fee Demonstration

Section 502(b)(3) of the Act requires

that each permitting authority collect

fees sufficient to cover all reasonable

direct and indirect costs required to

develop and administer its title V

operating permits program. Each title V

program submittal must contain either a

detailed demonstration of fee adequacy

or a demonstration that aggregate fees

collected from title V sources meet or

exceed $25 per ton per year (adjusted

annually based on the Consumer Price

Index (‘‘CPI’’), relative to 1989 CPI). The

$25 per ton amount is presumed, for

program approval, to be sufficient to

cover all reasonable program costs and

is thus referred to as the ‘‘presumptive

minimum’’ (40 CFR 70.9(b)(2)(i)).

Mariposa does not currently have any

title V sources. The District has adopted

a fee rule that would charge the

presumptive minimum to any title V

source that locates in the District, or to

any source to which title V becomes

applicable.

4. Provisions Implementing the

Requirements of Other Titles of the Act

a. Authority and Commitments for

Section 112 Implementation

Mariposa has demonstrated in its title

V program submittal adequate legal

authority to implement and enforce all

section 112 requirements through the

title V permit. This legal authority is

contained in the State of California

enabling legislation and in regulatory

provisions defining federal ‘‘applicable

requirements’’ and requiring each

permit to incorporate conditions that

assure compliance with all applicable

requirements. EPA has determined that

this legal authority is sufficient to allow

Mariposa to issue permits that assure

compliance with all section 112

requirements. For further discussion,

please refer to the TSD accompanying

this action and the April 13, 1993

guidance memorandum entitled, ‘‘Title

V Program Approval Criteria for Section

112 Activities,’’ signed by John Seitz

and located in the docket.

b. Authority for Title IV Implementation

Mariposa has no title V sources at this

time, and therefore has no Phase I or

Phase II acid rain sources. The District

has not submitted a complete acid rain

program, due to its lack of sources. If,

in the future, title V sources locate in

the District, or if title V should become

applicable to any existing sources,

Mariposa will need to provide the same

commitment that EPA is requiring of

other Districts that do not have a

complete acid rain program. This

commitment will be to expeditiously

adopt the appropriate regulatory

authority, if and when it becomes

necessary to issue a title IV permit to

any new or existing source in the

District that becomes subject to, or

wants to opt into, the acid rain program.

B. Proposed Interim Approval and

Implications

1. Title V Operating Permits Program

The EPA is promulgating direct final

interim approval to the operating

permits program submitted by the

California Air Resources Board, on

behalf of the Mariposa Air Pollution

Control District, on March 8, 1995.

Areas in which Mariposa’s program is

deficient and requires corrective action

prior to full approval are as follows:

(1) Provide a demonstration that

activities that are exempt from part 70

permitting are truly insignificant and

are not likely to be subject to an

applicable requirement. Alternatively,

the District may restrict the exemptions

to activities that are not likely to be

subject to an applicable requirement

and emit less than District-established

emission levels. The District should

establish separate emission levels for

HAPs and for other regulated pollutants

and demonstrate that these emission

levels are insignificant compared to the

level of emissions from and type of

units that are required to be permitted

or subject to applicable requirements.

(2) Revise the exemption list in Rule

402 (Exemptions to Rule 401) to remove

the general exemption for agricultural

production sources or to restrict the

exemptions to non-title V sources.

(3) Revise the application content

requirements in Rule 1006 so that any

compliance schedule required by the

rule for a source not in compliance must

resemble and be at least as stringent as

that contained in any judicial consent

decree, administrative order, or

schedule approved by the hearing board

to which the source is subject as

required by § 70.5 (c)(4)(iii)(C) rather

than simply a schedule of compliance

approved by the District’s hearing

board.

(4) Revise the application content

requirements in Rule 1006 to clarify that

all reports and other documents

submitted in the permit application

must be certified by the responsible

official as required by § 70.5 (d) and to

provide the full text of the responsible

official’s certification in § 70.5 (d).

(5) Provide in Rule 1004 a permit

application deadline for sources that

become subject to the District’s part 70

rule after the rule’s effectiveness date for

reasons other than commencing

operation. This deadline cannot be any

later than 12 months after the source

becomes subject to the rule as required

by § 70.5 (a)(1).

(6) Revise the permit issuance

procedures in Rule 1005 to provide for

notifying the EPA and affected States in

writing of any refusal by the District to

accept all recommendations for the

proposed permit that the Affected State

submitted during the public/Affected

State review period as required by § 70.8

(b)(2).

(7) Incorporate in Rule 1005

provisions citing the right of the public

to petition EPA under § 70.8 (d) after the

expiration of the EPA’s 45-day review

period and prohibiting the District from

issuing a permit, if it has not already

done so, until the EPA’s objections in

response to the petition are resolved as

required by § 70.8 (d).

(8) Revise Rule 1005 to provide for

public notice of permitting actions by

other means if necessary to assure

adequate notice to the affected public as

required by § 70.7 (h)(1).

(9) Revise the permit content

requirements in Rule 1006 to clarify that

all reports and other documents

required by the permit must be certified

by a responsible official as required by

§ 70.6 (c)(1) and to provide the full text

of the responsible official’s certification

in § 70.5 (d).

(10) Revise the permit content

requirements in Rule 1006 to require

that any compliance schedule for a

source not in compliance must resemble

and be at least as stringent as that

contained in any judicial consent

decree, administrative order, or

schedule approved by the hearing board

to which the source is subject as

required by §§ 70.6 (c)(3) and 70.5

(c)(8)(iii)(C).

(11) Revise the permit content

requirements in Rule 1006 to require the

submission of compliance certifications

more frequently than annually if a more

frequent period is specified in the

applicable requirement or by the District

as required by § 70.6 (c)(5)(i).
Federal Register / Vol. 60, No. 235 / Thursday, December 7, 1995 / Rules and Regulations 62761

This interim approval, which may not

be renewed, extends for a period of up

to two years. During the interim

approval period, Mariposa is protected

from sanctions for failure to have a

program, and EPA is not obligated to

promulgate a federal permits program in

the State. Permits issued under a

program with interim approval have full

standing with respect to part 70, and the

one-year time period for submittal of

permit applications by subject sources

begins upon interim approval, as does

the three-year time period for processing

the initial permit applications.

The scope of Mariposa’s part 70

program that EPA is acting on in this

notice applies to all part 70 sources (as

defined in the approved program)

within Mariposa’s jurisdiction. The

approved program does not apply to any

part 70 sources over which an Indian

tribe has jurisdiction. See, e.g., 59 FR

55813, 55815–18 (Nov. 9, 1994). The

term ‘‘Indian tribe’’ is defined under the

Act as ‘‘any Indian tribe, band, nation,

or other organized group or community,

including any Alaska Native village,

which is federally recognized as eligible

for the special programs and services

provided by the United States to Indians

because of their status as Indians.’’ See

section 302(r) of the CAA; see also 59

FR 43956, 43962 (Aug. 25, 1994); 58 FR

54364 (Oct. 21, 1993).

2. State Preconstruction Permit Program

Implementing Section 112(g)

The EPA has published an

interpretive notice in the Federal

Register regarding section 112(g) of the

Act (60 FR 8333; February 14, 1995) that

postpones the effective date of section

112(g) until after EPA has promulgated

a rule addressing that provision. The

interpretive notice also explains that

EPA is considering whether the effective

date of section 112(g) should be delayed

beyond the date of promulgation of the

federal rule so as to allow states time to

adopt rules implementing the federal

rule, and that EPA will provide for any

such additional delay in the final

section 112(g) rulemaking. Unless and

until EPA provides for such an

additional postponement of section

112(g), Mariposa must be able to

implement section 112(g) during the

period between promulgation of the

federal section 112(g) rule and adoption

of implementing State regulations.

For this reason, EPA is approving the

use of Mariposa’s preconstruction

review program as a mechanism to

implement section 112(g) during the

transition period between promulgation

of the section 112(g) rule and adoption

by Mariposa of rules specifically

designed to implement section 112(g).

However, since the sole purpose of this

approval is to confirm that the District

has a mechanism to implement section

112(g) during the transition period, the

approval itself will be without effect if

EPA decides in the final section 112(g)

rule that there will be no transition

period. The EPA is limiting the duration

of this approval to 18 months following

promulgation by EPA of the section

112(g) rule.

3. Program for Delegation of Section 112

Standards as Promulgated

Requirements for approval, specified

in 40 CFR section 70.4(b), encompass

section 112(l)(5) requirements for

approval of a program for delegation of

section 112 standards as promulgated by

EPA as they apply to part 70 sources.

Section 112(l)(5) requires that a state’s

program contain adequate authorities,

adequate resources for implementation,

and an expeditious compliance

schedule, which are also requirements

under part 70. Therefore, EPA is also

promulgating approval under section

112(l)(5) and 40 CFR part 63.91 of

Mariposa’s program for receiving

delegation of section 112 standards that

are unchanged from federal standards as

promulgated. California Health and

Safety Code section 39658 provides for

automatic adoption by CARB of section

112 standards upon promulgation by

EPA. Section 39666 of the Health and

Safety Code requires that districts then

implement and enforce these standards.

Thus, when section 112 standards are

automatically adopted pursuant to

section 39658, Mariposa will have the

authority necessary to accept delegation

of these standards without further

regulatory action by the District. The

details of this mechanism and the

means for finalizing delegation of

standards will be set forth in an

implementation agreement between

Mariposa and EPA, which will be

negotiated at the time when the District

has title V sources. This program

applies to both existing and future

standards but is limited to sources

covered by the part 70 program.

III. Administrative Requirements

A. Docket

Copies of Mariposa’s submittal and

other information relied upon for this

direct final action is contained in docket

number CA-MA–95–1–OPS maintained

at the EPA Regional Office. The docket

is an organized and complete file of all

the information submitted to, or

otherwise considered by, EPA in the

development of this direct final

rulemaking. The docket is available for

public inspection at the location listed

under the ADDRESSES section of this

document.

B. Regulatory Flexibility Act

The EPA’s actions under section 502

of the Act do not create any new

requirements, but simply address

operating permits programs submitted

to satisfy the requirements of 40 CFR

Part 70. Because this action does not

impose any new requirements, it does

not have a significant impact on a

substantial number of small entities.

C. Unfunded Mandates

Under Section 202 of the Unfunded

Mandates Reform Act of 1995

(‘‘Unfunded Mandates Act’’), signed

into law on March 22, 1995, EPA must

prepare a budgetary impact statement to

accompany any proposed or final rule

that includes a federal mandate that

may result in estimated costs to state,

local, or tribal governments in the

aggregate; or to the private sector, of

$100 million or more. Under Section

205, EPA must select the most costeffective and least burdensome

alternative that achieves the objectives

of the rule and is consistent with

statutory requirements. Section 203

requires EPA to establish a plan for

informing and advising any small

governments that may be significantly

or uniquely impacted by the rule.

EPA has determined that the approval

action promulgated today does not

include a Federal mandate that may

result in estimated costs of $100 million

or more to either state, local, or tribal

governments in the aggregate, or to the

private sector. This Federal action

approves pre-existing requirements

under state or local law, and imposes no

new Federal requirements. Accordingly,

no additional costs to state, local, or

tribal governments, or to the private

sector, result from this action.

D. Executive Order 12866

The Office of Management and Budget

has exempted this action from review

under Executive Order 12866.

List of Subjects in 40 CFR Part 70

Environmental protection,

Administrative practice and procedure,

Air pollution control, Intergovernmental

relations, Operating permits, and

Reporting and recordkeeping

requirements.

Dated: November 13, 1995.

Felicia Marcus,

Regional Administrator.

Part 70, title 40 of the Code of Federal

Regulations is amended as follows:
62762 Federal Register / Vol. 60, No. 235 / Thursday, December 7, 1995 / Rules and Regulations

PART 70—[AMENDED]

1. The authority citation for part 70

continues to read as follows:

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

2. Appendix A to part 70 is amended

by adding paragraph (n) to the entry for

California to read as follows:

Appendix A to Part 70—Approval

Status of State and Local Operating

Permits Programs

* * * * *

The following district program was

submitted by the California Air

Resources Board on behalf of:

(n) Mariposa Air Pollution Control

District: submitted on March 8, 1995;

approval effective on February 5, 1996

unless adverse or critical comments are

received by January 8, 1996.

* * * * *

[FR Doc. 95–29834 Filed 12–6–95; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 1

[OST Docket No 1; Amdt. 1–274]

Organization and Delegation of Powers

and Duties; Transfer of Delegations

from the Director of Commercial Space

Transportation to the Administrator of

the Federal Aviation Administration

AGENCY: Office of the Secretary, DOT.

ACTION: Final rule.

SUMMARY: The Office of Commercial

Space Transportation (OCST) is being

transferred from the Office of the

Secretary to the Federal Aviation

Administration. Accordingly, the

Secretary’s delegation of authority for

the functions under the Department’s

commercial space transportation

program is being transferred from the

Director of Commercial Space

Transportation to the Administrator of

the Federal Aviation Administration.

The rule is necessary to reflect the

delegations in the Code of Federal

Regulations.

EFFECTIVE DATE: This rule is effective

November 16, 1995.

FOR FURTHER INFORMATION CONTACT:

Steven B. Farbman, Office of the

Assistant General Counsel for

Regulation and Enforcement (202) 366–

9306, United States Department of

Transportation, 400 7th Street SW,

Washington, DC 20590.

SUPPLEMENTARY INFORMATION:

Responsibility for the Department’s

commercial space transportation

program is being transferred from the

Office of the Secretary to the Federal

Aviation Administration. This rule

amends the delegations to reflect the

transfer.

Since this rule relates to departmental

management, organization, procedure,

and practice, notice and public

comment are unnecessary. For the same

reason, good cause exists for not

publishing this rule at least 30 days

before its effective date, as is ordinarily

required by 5 U.S.C. 553(d). Because the

date of the transfer of responsibility for

the commercial space transportation

program is November 16, 1995, that is

the effective date of this rule.

List of Subjects in 49 CFR Part 1

Authority delegations (Government

agencies), Organizations and functions

(Government agencies).

PART 1—[AMENDED]

1. The authority citation for Part 1

continues to read as follows:

Authority: 49 U.S.C. 322; Pub. L. 101–552,

28 U.S.C. 2672, 31 U.S.C. 3711(a)(2).

2. Section 1.4 is amended by

removing ‘‘and’’ at the end of paragraph

(c)(6), by removing the period at the end

of paragraph (c)(7) and adding ‘‘; and’’

in its place, and by adding a new

paragraph (c)(8) to read as follows:

§ 1.4 General responsibilities.

* * * * *

(c) * * *

(8) Promulgating and enforcing

regulations on all safety matters relating

to commercial launch activities.

* * * * *

§ 1.22 [Amended]

3. Section 1.22(a) is amended by

removing the words ‘‘the Office of

Commercial Space Transportation;’’.

§ 1.23 [Amended]

4. Section 1.23(n) is removed and

reserved.

5. Section 1.47 is amended by adding

paragraphs (u), (v), and (w) to read as

follows:

§ 1.47 Delegations to Federal Aviation

Administrator.

* * * * *

(u) Carry out the functions assigned to

the Secretary by Executive Order 12465

(February 24, 1984) (3 CFR, 1984 Comp.,

p. 163) relating to commercial

expendable launch vehicle activities.

(v) Carry out the functions vested in

the Secretary by 49 U.S.C. Subtitle IX.

(w) Carry out the functions vested in

the Secretary by the National

Aeronautics and Space Administration

Authorization Act, Fiscal Year 1993

(Pub. L. 102–588, 106 Stat 5119,

November 4, 1992).

§ 1.68 [Removed and reserved]

6. Section 1.68 is removed and

reserved.

Issued at Washington, DC, this 23rd day of

October, 1995.

Federico Pen ̃ a,

Secretary of Transportation.

[FR Doc. 95–29867 Filed 12–6–95; 8:45 am]

BILLING CODE 4910–62–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 638

[Docket No. 950725190–5257–02; I.D.

120195A]

Coral and Coral Reefs of the Gulf of

Mexico; Wild Live Rock Fishery

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Closure.

SUMMARY: NMFS closes the fishery for

wild live rock in the exclusive economic

zone (EEZ) of the Gulf of Mexico. This

action is necessary to prevent exceeding

the quota for 1995.

EFFECTIVE DATE: Effective 12:01 a.m.,

December 5, 1995 through December 31,

1995.

FOR FURTHER INFORMATION CONTACT:

Georgia Cranmore, 813-570-5305.

SUPPLEMENTARY INFORMATION: Live rock

in the EEZ is managed under the

Fishery Management Plan for Coral and

Coral Reefs of the Gulf of Mexico (FMP).

The FMP was prepared by the Gulf of

Mexico Fishery Management Council

and is implemented through regulations

at 50 CFR part 638 under the authority

of the Magnuson Fishery Conservation

and Management Act (16 U.S.C. 1801 et

seq.).

Section 638.26(d)(1) established a

quota of 500,000 lb (226,796 kg) for the

fishing year that began January 1, 1995.

Section 638.26(d)(2) requires the

Assistant Administrator for Fisheries,

NOAA (AA), to close the wild live rock

fishery in the Gulf EEZ when the quota

is reached, or is projected to be reached.

The AA has determined that the quota

will be reached on December 4, 1995.

Accordingly, the wild live rock fishery

in the Gulf EEZ is closed effective 12:01

a.m., local time, December 5, 1995, and