Federal Register / Vol. 60, No. 247 / Tuesday, December 26, 1995 / Proposed Rules 66777

Route 101 bridge is no longer in

operation and will be removed.

Discussion of Proposed Rule

The proposed rule would amend 33

CFR 117.1031 by removing paragraph

(a) which pertains to the Union Pacific

railroad drawbridge. The proposed rule

would also remove the designation ‘‘(b)’’

from paragraph (b) pertaining to the U.S.

Route 101 bridge and amend that

paragraph to state that the draw shall be

opened on signal if at least one hour

notice is provided. No special sound

signal other than the standard signal

prescribed by § 117.15 would be

required for requesting an opening of

the U.S. Route 101 bridge. Retained

would be the provision that the draw of

the U.S. Route 101 bridge need not open

for vessels of less than 5,000 gross tons

from 7:15 a.m. to 8:15 a.m. and from

4:15 p.m. to 5:15 p.m. on weekdays,

except for Federal holidays.

Regulatory Evaluation

This proposed rule is not a significant

regulatory action under 3(f) of Executive

Order 12866 and does not require an

assessment of potential cost 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 significant 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 proposed rule to be so

minimal that a full regulatory evaluation

under paragraph 10e of the regulatory

policies and procedures of DOT is

unnecessary. This expectation is based

on the fact that vessel operators would

not be unreasonably impeded or incur

additional expense by a requirement to

provide one hour notice for draw

openings.

Small Entities

Under the Regulatory Flexibility Act

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

must consider whether this proposal

will have a significant effect 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 seciton 3 of

the Small Business Act (15 U.S.C. 632).

The Coast Guard certifies under 5 U.S.C.

605(b) that this proposal, if adopted,

will not have a significant impact on a

significant 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 it has been determined that

the proposed rulemaking does not have

sufificent 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.

of Commandant Instruction M16475.B,

this proposal is categorically excluded

from further environmental

documentation. A ‘‘Categorical

Exclusion Determination’’ is available in

the docket for inspection or copying.

List of Subjects in 33 CFR Part 117

Bridges.

Proposed Regulations

For the reasons set out in the

preamble, the Coast Guard proposes to

amend part 117 of title 33, Code of

Federal Regulations, as follows:

PART 117—DRAWBRIDGE

OPERATION REGULATIONS

1. The authority citation for Part 117

continues to read as follows:

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. Section 117.1031 is revised to read

as follows:

§ 117.1031 Chehalis River.

The draw of the U.S. Route 101

highway bridge, mile 0.1, at Aberdeen,

Washington, shall open on signal if at

least one hour notice is given to the

Washington Department of

Transportation by marine radio,

telephone, or other suitable means,

except that the draw need not open for

vessels of less than 5,000 gross tons

from 7:15 a.m. to 8:15 a.m. and from

4:15 p.m. to 5:15 p.m., Monday through

Friday, except Federal holidays.

Dated: December 15, 1995.

J.W. Lockwood,

Rear Admiral, U.S. Coast Guard Commander,

13th Coast Guard District.

[FR Doc. 95–31216 Filed 12–22–95; 8:45 am]

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ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[TN–134–1–6769b; FRL–5317–1]

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: Proposed rule.

SUMMARY: The EPA proposes to approve

the State Implementation Plan (SIP)

revision submitted by the State of

Tennessee for the purpose of

incorporating changes to regulations for

appeals, judicial review, violations, and

monitoring, recording and reporting in

the Knox County portion of the

Tennessee SIP. In the final rules section

of this Federal Register, the EPA is

approving the State’s SIP revision as a

direct final rule without prior proposal

because the Agency views this as a

noncontroversial revision amendment

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 proposed rule, no

further activity is contemplated in

relation to this proposed rule. 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. The EPA

will not institute a second comment

period on this document. Any parties

interested in commenting on this

document should do so at this time.

DATES: To be considered, comments

must be received by January 25, 1996.

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.
66778 Federal Register / Vol. 60, No. 247 / Tuesday, December 26, 1995 / Proposed Rules

Knox County Department of Air

Pollution Control, City-County Building,

Suite 339, 400 West Main Street,

Knoxville, Tennessee, 37902.

FOR FURTHER INFORMATION CONTACT:

Karen C. Borel, Regulatory Planning and

Development Section, Air Programs

Branch, Air, Pesticides & Toxics

Management Division, Region 4

Environmental Protection Agency, 345

Courtland Street, NE, Atlanta, Georgia

30365. The telephone number is 404/

347–3555 x4197. Reference file TN134–

01–6769.

SUPPLEMENTARY INFORMATION: For

additional information see the direct

final rule which is published in the

rules section of this Federal Register.

Dated: October 2, 1995.

Patrick M. Tobin,

Acting Regional Administrator.

[FR Doc. 95–31037 Filed 12–22–95; 8:45 am]

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40 CFR Part 52

[ME26–1–7263b; FRL–5345–8]

Approval and Promulgation of

Implementation Plans; Maine; NOX

Exemption Request for Northern Maine

and NOX Control Approval

AGENCY: United States Environmental

Protection Agency (EPA).

ACTION: Proposed rule.

SUMMARY: The EPA is approving,

through direct final rulemaking

procedures, a limited exemption request

from the requirements contained in

Section 182(f) of the Clean Air Act (Act)

for the Northern Maine area

(specifically, Oxford, Franklin,

Somerset, Piscataquis, Penobscot,

Washington, Aroostook, Hancock and

Waldo Counties). These 9 counties, as

with the rest of the State of Maine, are

part of the Ozone Transport Region

(OTR) as provided for in section 184(a)

of the Clean Air Act. Section 182(f) in

combination with section 184 (relating

to ozone transport regions) of the Act

requires States in the OTR, such as

Maine, to adopt reasonably available

control technology (RACT) rules for

major stationary sources of nitrogen

oxides (NOX) and to provide for

nonattainment area new source review

(NSR) for new sources and

modifications that are major for NOX.

This exemption request, submitted by

the State of Maine on September 7,

1995, is based on a demonstration that

NOX emissions in this 9 county area are

not impacting Maine’s moderate

nonattainment areas or other

nonattainment areas in the Ozone

Transport Region (OTR) during times

when elevated ozone levels are

monitored in those areas. As such,

additional reductions in NOX emissions

from these 9 counties beyond what the

State regulations would provide for are

not necessary for attainment in these

areas, and, because they do not

contribute to the ozone problem

anywhere in the OTR, are also not

necessary for purposes of showing

future attainment for any other area in

the OTR. Thus, as provided for in

section 182(f)(2), additional NOX

reductions in these areas would

constitute excess reductions that can be

waived under the Clean Air Act. Maine

has requested that EPA combine its

approval of this NOX exemption with its

approval of NOX controls for existing

sources in Northern Maine that were

submitted to EPA on August 5, 1994 for

purposes of meeting the Act’s NOX

RACT requirements. Consequently, this

action approves a full exemption from

nonattainment NSR requirements for

NOX, but only a limited exemption from

NOX control measures for existing

sources that would go beyond what the

State regulations provide for.

In the Final Rules Section of this

Federal Register, EPA is approving this

exemption request and limited NOX

controls for this area as a direct final

rule without prior proposal. A detailed

rationale for the approval is set forth in

the direct final rule. This direct final

rule also includes EPA’s response to

several comments submitted by groups

on past NOX exemption requests. If no

additional adverse comments are

received in response to the direct final

rule, no further activity is contemplated

in relation to this proposed rule. 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

on this action. Any parties interested in

commenting on this action should do so

at this time.

DATES: Comments on this action must be

received by January 25, 1996.

ADDRESSES: Comments may be mailed to

Susan Studlien, Deputy Director, Office

of Ecosystem Protection, U.S.

Environmental Protection Agency,

Region I, JFK Federal Bldg., Boston, MA

02203. Copies of the State submittal and

EPA’s technical support document are

available for public inspection during

normal business hours, by appointment

at the Office of Ecosystem Protection,

U.S. Environmental Protection Agency,

Region I, One Congress Street, 10th

floor, Boston, MA and the Bureau of Air

Quality Control, Department of

Environmental Protection, 71 Hospital

Street, Augusta, ME 04333.

FOR FURTHER INFORMATION CONTACT:

Robert C. Judge, Environmental

Engineer, Air Quality Planning (ATS),

United States Environmental Protection

Agency, Region 1, JFK Federal Building,

Boston, MA 02203. (617) 565–4874.

SUPPLEMENTARY INFORMATION: For

additional information see the direct

final rule published in the Rules Section

of this Federal Register.

Authority: 42 U.S.C. 4201–7601q

Dated: December 1, 1995.

Carol M. Browner,

Administrator.

[FR Doc. 95–31035 Filed 12–22–95; 8:45 am]

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