66746 Federal Register / Vol. 60, No. 247 / Tuesday, December 26, 1995 / Rules and Regulations

accordance with the rules of this

section.

* * * * *

(h) Anti-abuse rules.

(1) [Reserved.] For transfers occurring

before December 17, 1987, see

§ 1.367(a)–3T(h)(1) as contained in 26

CFR Part 1 revised April 1, 1995.

* * * * *

PART 602—OMB CONTROL NUMBERS

UNDER THE PAPERWORK

REDUCTION ACT

Par. 3. The authority for citation for

part 602 continues to read as follows:

Authority: 26 U.S.C. 7805.

Par. 4. In § 602.101, paragraph (c) is

amended by revising the entry in the

table for ‘‘1.367(a)–3T’’ to read as

follows:

‘‘1.367(a)–3T ................................ 0026

1478’’.

Dated: December 13, 1995.

Margaret Milner Richardson,

Commissioner of Internal Revenue.

Approved:

Leslie Samuels,

Assistant Secretary of the Treasury.

[FR Doc. 95–30829 Filed 12–22–95; 8:45 am]

BILLING CODE 4830–01–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD07–94–85]

RIN 2115–AE47

Drawbridge Operation Regulations;

Okeechobee Waterway, FL

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is changing

regulations governing the operation of

the Florida East Coast railroad bridge, at

mile 38.0, at Port Mayaca, Florida, by

removing the authorization for

automatic operation and returning the

draw to manual operation. This action

should accommodate the needs of

railroad traffic, while still providing for

the reasonable needs of navigation.

EFFECTIVE DATE: January 25, 1996.

ADDRESSES: Documents in this preamble

are available for inspection and copying

at 909 SE 1st Ave, room 406 between 7

am and 4 pm Monday through Friday,

except federal holidays. The telephone

number is (305) 536–4103.

FOR FURTHER INFORMATION CONTACT:

Walter Paskowsky, Project Manager,

Bridge Section at (305) 536–4103.

SUPPLEMENTARY INFORMATION:

Drafting Information

The principal persons involved in

drafting this document are Walter

Paskowsky, Project Manager, and LCDR

Robert Wilkins, Project Counsel.

Regulatory History

On August 17, 1995 the Coast Guard

published a notice of proposed

rulemaking entitled Drawbridge

Operations Regulations, Okeechobee

Waterway, Florida in the Federal

Register (FR 60 42827). No adverse

comments were received. A public

hearing was not requested and was not

held.

Background and Purpose

The bridge is normally in the fully

open position displaying flashing green

lights to indicate that vessels may pass.

When a train approaches the bridge, the

lights go to flashing red and a horn

sounds four blasts, and then repeats four

blasts. After an eight minute delay, the

draw lowers and locks, providing the

scanning equipment reveals nothing

under the draw. The draw remains

down for a period of eight minutes or

while all circuits are occupied. After the

train has cleared, the draw opens and

the lights return to flashing green.

Because of declining usage of the rail

line, the bridgeowner, Florida East Coast

Railroad, has requested permission to

operate the span manually.

Discussion of Comments and Changes

Three comments were received in

response to the Notice of Proposed

Rulemaking. The US Army Corps of

Engineers stated the proposed rule

change would not impact navigational

interests using the waterway and,

therefore, had no objection to the

proposed change. The Florida State

Historic Preservation Office indicated

the proposed change would have no

effect on any sites listed or eligible for

listing in the National Register. The US

National Marine Fisheries Service

anticipates the change will have no

impact to resources for which they have

stewardship responsibility. No

objections were received, therefore the

final rule is unchanged from the Notice

of Proposed Rulemaking.

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 not been reviewed 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)

(44FR 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 (44 FR 11040;

February 26, 1979 is unnecessary. We

conclude this because only a few trains

cross the bridge weekly.

Small Entities

Under the Regulatory Flexibility Act

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

must consider whether this rule 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 only a few trains cross the

bridge weekly, the Coast Guard certifies

under 5 U.S.C. 605(b) that this final rule

will not have a significant impact on a

substantial number of small entities.

Collection of Information

This proposal 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 under the principles and

criteria contained in Executive Order

12612, and has determined that this

proposal does not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

Environment

The Coast Guard considered the

environmental impact of this proposal

and concluded that, under section

2.B.2.e.(32)(e) of Commandant

Instruction M16475.1B, promulgation of

operating requirements or procedures

for drawbridges is categorically

excluded from further environmental

documentation. A Categorical Exclusion

Determination is available in the docket.

List of Subjects in 33 CFR Part 117

Bridges.

For the reasons set out in the

preamble, the Coast Guard amends 33

CFR Part 117 as follows:

PART 117—DRAWBRIDGE

OPERATION REGULATIONS

1. The authority citation for Part 117

continues to read as follows:
Federal Register / Vol. 60, No. 247 / Tuesday, December 26, 1995 / Rules and Regulations 66747

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. § 117.317 is amended by revising

paragraph (f) to read as follows:

§ 117.317 Okeechobee Waterway

* * * * *

(f) Florida East Coast Railroad bridge,

mile 38.0, at Port Mayaca.

(1) The bridge is not constantly

tended.

(2) The draw is normally in the fully

open position displaying flashing green

lights to indicate that vessels may pass.

(3) When a train approaches the

bridge it will stop and a crewmember

will observe the waterway for

approaching vessels, which will be

allowed to pass. Upon manual signal,

the bridge lights will go to flashing red,

and the horn will sound four blasts,

pause, then repeat four blasts, then the

draw will lower and lock, providing

scanning equipment reveals nothing

under the span.

(4) After the train has cleared, the

draw will open, and the lights will

return to flashing green.

* * * * *

Dated: December 11, 1995.

Roger T. Rufe, Jr.,

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

Seventh Coast Guard District.

[FR Doc. 95–31218 Filed 12–22–95; 8:45 am]

BILLING CODE 4910–14–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[TN–134–1–6769a; FRL–5316–9]

Approval and Promulgation of

Implementation Plans; Tennessee:

Revisions to Knox County Regulations

for Appeals, Violations, Monitoring,

Recording, and Reporting

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving revisions to

the Knox County portion of the

Tennessee State Implementation Plan

(SIP) submitted by the State of

Tennessee through the Tennessee

Department of Environment and

Conservation on June 28, 1994. This

submittal included revisions to the

current regulations concerning appeals,

judicial review, and violations of the air

pollution regulations in Knox County.

This submittal also included revisions

which added requirements for enhanced

monitoring compliance certification and

enforcement. However, no action is

being taken on these revisions at this

time, due to the preliminary nature of

the proposed federal requirements for

enhanced monitoring and compliance

assurance monitoring.

DATES: This final rule will be effective

February 26, 1996, unless adverse or

critical comments are received by

January 25, 1996. If the effective date is

delayed, timely notice will be published

in the Federal Register.

ADDRESSES: Written comments on this

action should be addressed to Karen

Borel at the EPA Regional Office listed

below. Copies of the documents relative

to this action are available for public

inspection during normal business

hours at the following locations. The

interested persons wanting to examine

these documents should make an

appointment with the appropriate office

at least 24 hours before the visiting day.

Air and Radiation Docket and

Information Center (Air Docket 6102),

U.S. Environmental Protection

Agency, 401 M Street, SW,

Washington, DC 20460.

Environmental Protection Agency,

Region 4 Air Programs Branch, 345

Courtland Street, NE, Atlanta, Georgia

30365.

Tennessee Department of Environment

and Conservation, Division of Air

Pollution Control, L & C Annex, 9th

Floor, 401 Church Street, Nashville,

Tennessee 37243–1531

Knox County Department of Air

Pollution Control, City-County

Building, Suite 339, 400 West Main

Street, Knoxville, Tennessee, 37902.

FOR FURTHER INFORMATION CONTACT:

Interested persons wanting to examine

documents relative to this action should

make an appointment with the Region 4

Air Programs Branch at least 24 hours

before the visiting day. To schedule the

appointment or to request additional

information, contact Karen C. Borel,

Regulatory Planning and Development

Section, Air Programs Branch, Air,

Pesticides & Toxics Management

Division, Region 4 EPA, 345 Courtland

Street, NE, Atlanta, Georgia 30365. The

telephone number is 404/347–3555,

extension 4197. Reference file TN134–

01–6769.

SUPPLEMENTARY INFORMATION: On June

28, 1994, the State of Tennessee through

the Tennessee Department of

Environment and Conservation

submitted a revision to the Knox County

portion of its SIP incorporating changes

to regulations for appeals, judicial

review, violations, and monitoring,

recording and reporting. The SIP

revision consists of changes to sections

29.1.B, 29.3, 30.1.A, and 30.1.D, and the

addition of section 26.6. EPA is not

taking action on the addition of section

26.6 at this time, due to the preliminary

nature of the proposed federal

regulations for enhanced monitoring

and compliance assurance monitoring.

The revisions which are being approved

are summarized as follows.

1. Section 29.1.B has been revised.

This paragraph has been amended to

change the phrase ‘‘citizen of Knox

County’’ to the word ‘‘person’’ early in

the first sentence, and to add the word

‘‘a’’ just prior to ‘‘public hearing’’ at the

end of this paragraph.

2. Section 29.3 has been revised. This

paragraph has been amended such that

any ruling of the Air Pollution Control

Board is now subject to judicial review

in the State court, rather than in the

Knox County Circuit Court.

3. Section 30.1.A has been revised.

This paragraph now refers to

‘‘violations’’ rather than the singular

‘‘violation.’’ It also calls for punishment

of violations in accordance with

Tennessee law, rather than the

Tennessee Code Annotated.

4. Section 30.1.D has been deleted

and replaced. The previous language

described actual penalties for violations,

such as fines or imprisonment. The

replacement language states that civil

penalties will be assessed as provided

by Tennessee law.

Final Action

EPA is approving the aforementioned

revisions contained in the State’s June

28, 1994, submittal. The EPA is

publishing this action without prior

proposal because the Agency views this

as a noncontroversial amendment and

anticipates no adverse comments.

However, in a separate document in this

Federal Register publication, the EPA is

proposing to approve the SIP revision

should adverse or critical comments be

filed. This action will be effective

February 26 1996, unless, within 30

days of its publication, adverse or

critical comments are received.

If the EPA receives such 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 the separate proposed rule.

The EPA will not institute a second

comment period on this action. 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 February 26, 1996.