66150 Federal Register / Vol. 60, No. 245 / Thursday, December 21, 1995 / Rules and Regulations

Under Section 307(b)(1) of the Act, 42

U.S.C. 7607 (b)(1), petitions for judicial

review of this action must be filed in the

United States Court of Appeals for the

appropriate circuit by February 20,

1996. Filing a petition for

reconsideration by the Administrator of

this final rule does not affect the finality

of this rule for purposes of judicial

review nor does it extend the time

within which a petition for judicial

review may be filed, and shall not

postpone the effectiveness of such rule

or action. This action may not be

challenged later in proceedings to

enforce its requirements. (See section

307(b)(2) of the Act, 42 U.S.C. 7607

(b)(2)).

This action has been classified as a

Table 3 action for signature by the

Regional Administrator under the

procedures published in the Federal

Register on January 19, 1989 (54 FR

2214–2225), as revised by a July 10,

1995 memorandum from Mary Nichols,

Assistant Administrator for Air and

Radiation. The Office of Management

and Budget (OMB) has exempted this

regulatory action from Executive Order

12866 review.

Nothing in this action shall be

construed as permitting or allowing or

establishing a precedent for any future

request for a revision to any State

Implementation Plan. Each request for

revision to the State Implementation

Plan shall be considered separately in

light of specific technical, economic,

and environmental factors and in

relation to relevant statutory and

regulatory requirements.

Under the Regulatory Flexibility Act,

5 U.S.C. 601 et seq., EPA must prepare

a regulatory flexibility analysis

assessing the impact of any proposed or

final rule on small entities. 5 U.S.C. 603

and 604. Alternatively, EPA may certify

that the rule will not have a significant

impact on a substantial number of small

entities. Small entities include small

businesses, small not-for-profit

enterprises, and government entities

with jurisdiction over populations of

less than 50,000.

SIP Actions

SIP approvals under section 110 and

subchapter I, part D of the CAA do not

create any new requirements, but

simply approve requirements that the

State is already imposing. Therefore,

because the Federal SIP-approval does

not impose any new requirements, I

certify that it does not have a significant

impact on any small entities affected.

Moreover, due to the nature of the

Federal-state relationship under the

CAA, preparation of a regulatory

flexibility analysis would constitute

Federal inquiry into the economic

reasonableness of state action. The CAA

forbids EPA to base its actions

concerning SIPs on such grounds.

Union Electric Co. v. U.S. E.P.A., 427

U.S. 246, 256–66 (S.Ct. 1976); 42 U.S.C.

section 7410(a)(2) and 7410(k)(3).

Unfunded Mandates

Under Sections 202, 203, and 205 of

the Unfunded Mandates Reform Act of

1995 (‘‘Unfunded Mandates Act’’),

signed into law on March 22, 1995, EPA

must undertake various actions in

association with proposed or final rules

that include a Federal mandate that may

result in estimated costs of $100 million

or more to the private sector, or to State,

local, or tribal governments in the

aggregate.

Through submission of this State

Implementation Plan or plan revision,

the State and any affected local or tribal

governments have elected to adopt the

program provided for under section 246

of the Clean Air Act. These rules may

bind State, local and tribal governments

to perform certain actions and also

require the private sector to perform

certain duties. To the extent that the

rules being approved by this action will

impose no new requirements; such

sources are already subject to these

regulations under State law.

Accordingly, no additional costs to

State, local, or tribal governments, or to

the private sector, result from this

action. EPA has also determined that

this final action does not include a

mandate that may result in estimated

costs of $100 million or more to State,

local, or tribal governments in the

aggregate or to the private sector.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide,

Incorporation by reference,

Intergovernmental relations, Reporting

and recordkeeping requirements.

Dated: September 29, 1995.

Patrick M. Tobin,

Acting Regional Administrator.

Part 52 of chapter I, title 40, Code of

Federal Regulations, is amended as

follows:

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

Subpart L—Georgia

2. Section 52.570 is amended by

adding paragraph (c)(48) to read as

follows:

§ 52.570 Identification of plan.

* * * * *

(c) * * *

(48) Clean Fuel Fleet program

submitted to EPA by the Georgia

Department of Natural Resources on

May 5, 1994.

(i) Incorporation by reference.

(A) Addition of Regulations 391–3–

21–.01, ‘‘Definitions,’’ 391–3–21–.02,

‘‘Covered Area,’’ 391–3–21–.03,

‘‘Covered Fleet Operators,’’ 391–3–21–

.04, ‘‘Covered Fleet Vehicles,’’ 391–3–

21–.05, ‘‘Determination of Capable of

Being Centrally Fueled,’’ 391–3–21.06,

‘‘Purchase Requirements,’’ 391–3–21.07,

‘‘Emission Standards,’’ 391–3–21.08,

‘‘Credit Program,’’ 391–3–21.09,

‘‘Transportation Control Exemptions,’’

391–3–21.10, ‘‘Requirements for Fuel

Providers,’’ 391–3–21–.11, ‘‘

Enforcement’’ which became effective

on May 22, 1994.

(ii) Other material. None.

[FR Doc. 95–31038 Filed 12–20–95; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Public Land Order 7177

[AK–932–1430–01; A–061697, AA–45553]

Withdrawal of Public Land for the

Glacier Loop Administrative Site;

Revocation of Secretarial Order dated

December 31, 1941; Alaska

AGENCY: Bureau of Land Management,

Interior.

ACTION: Public Land Order.

SUMMARY: This order withdraws 22.51

acres of public land from all forms of

appropriation under the public land

laws, including location and entry

under the mining laws, for a period of

20 years for the Department of

Agriculture, Forest Service, to protect

the Glacier Loop Administrative Site.

The land has been and will remain

closed to mineral leasing as it is located

within an incorporated city (30 U.S.C.

181 (1988)). This order also revokes in

its entirety a Secretarial order as it

affects 27.06 acres of public land

withdrawn for use by the Federal

Aviation Administration as Air

Navigation Site No. 173. The land is no

longer needed for the purpose for which

it was withdrawn. The public land that

will not be withdrawn for use by the

Forest Service will be subject to the

terms and conditions of Public Land

Order No. 5180, as amended, and any

other withdrawal of record.
Federal Register / Vol. 60, No. 245 / Thursday, December 21, 1995 / Rules and Regulations 66151

EFFECTIVE DATE: December 21, 1995.

FOR FURTHER INFORMATION CONTACT:

Robbie J. Havens, BLM Alaska State

Office, 222 W. 7th Avenue, No. 13,

Anchorage, Alaska 99513–7599, 907–

271–5477.

By virtue of the authority vested in

the Secretary of the Interior by Section

204 of the Federal Land Policy and

Management Act of 1976, 43 U.S.C.

1714 (1988), and by Section 17(d)(1) of

the Alaska Native Claims Settlement

Act, 43 U.S.C. 1616(d)(1) (1988), it is

ordered as follows:

1. Subject to valid existing rights, the

following described public land is

hereby withdrawn from settlement, sale,

location, or entry under the general land

laws, including the United States

mining laws (30 U.S.C. Ch. 2 (1988)), for

protection of the Glacier Loop

Administrative Site:

Copper River Meridian

Located within T. 40 S., R. 66 E., described

as U. S. Survey No. 3758, Lot 1–3.

The area described contains 22.51 acres.

2. The Secretarial Order dated

December 31, 1941, which withdrew

public land for Air Navigation Site No.

173, is hereby revoked as it affects the

following described land:

Copper River Meridian

Located within T. 40 S., R. 66 E., described

as U. S. Survey No. 3758, Lot 1–2 and Lot

1–3.

The area described contains 27.06 acres.

3. The withdrawal made by this order

does not alter the applicability of those

public land laws governing the use of

the land under lease, license, or permit,

or governing the disposal of their

mineral or vegetative resources other

than under the mining laws.

4. This withdrawal will expire 20

years from the effective date of this

order unless, as a result of a review

conducted before the expiration date

pursuant to Section 204(f) of the Federal

Land Policy and Management Act of

1976, 43 U.S.C. 1714(f) (1988), the

Secretary determines that the

withdrawal shall be extended.

5. The portion of the area that is not

withdrawn for the Forest Service, as

described in paragraph 2, will be subject

to Public Land Order No. 5180, as

amended, and any other withdrawal of

record.

Dated: December 8, 1995.

Bob Armstrong,

Assistant Secretary of the Interior.

[FR Doc. 95–30997 Filed 12–20–95; 8:45 am]

BILLING CODE 4310–JA–P

43 CFR Public Land Order 7178

[CO–935–1430–01; COC–56149]

Withdrawal of National Forest System

Land for Aspen Highlands Ski Area;

Colorado

AGENCY: Bureau of Land Management,

Interior.

ACTION: Public Land Order.

SUMMARY: This order withdraws

3,333.34 acres of National Forest System

land from mining for 50 years to protect

recreational resources and facilities at

the Aspen Highlands Ski Area. This

land has been and remains open to such

forms of disposition as may by law be

made of National Forest System land

and to mineral leasing.

EFFECTIVE DATE: December 21, 1996.

FOR FURTHER INFORMATION CONTACT:

Doris E. Chelius, BLM Colorado State

Office, 2850 Youngfield Street,

Lakewood, Colorado 80215–7076, 303–

239–3706.

By virtue of the authority vested in

the Secretary of the Interior by Section

204 of the Federal Land Policy and

Management Act of 1976, 43 U.S.C.

1714 (1988), it is ordered as follows:

1. Subject to valid existing rights, the

following described National Forest

System land is hereby withdrawn from

location and entry under the United

States mining laws (30 U.S.C. Ch. 2

(1988)), for the Forest Service to protect

facilities and resources at the Aspen

Highlands Ski Area:

White River National Forest

Sixth Principal Meridian

T. 10 S., R. 85 W.,

Sec. 15, SE1⁄4SE1⁄4;

Sec. 22, lots 1, 2, 3, 4, and 5, E1⁄2SW1⁄4, and

SE1⁄4;

Sec. 23, lots 1, 2, 3, 6, 7, 8, and 9;

Sec. 26, lots 3, 4, 5, 10, and 11,

SW1⁄4NW1⁄4, and N1⁄2SW1⁄4;

Sec. 27;

Sec. 28, E1⁄2E1⁄2;

Sec. 33, E1⁄2 and E1⁄2W1⁄2;

Sec. 34;

Sec. 35, lot 10, W1⁄2NW1⁄4, SE1⁄4NW1⁄4, and

SW1⁄4.

T. 11 S., R. 85 W.,

Sec. 2, N1⁄2N1⁄2NW1⁄4;

Sec. 3, N1⁄2N1⁄2N1⁄2;

Sec. 4, N1⁄2N1⁄2NE1⁄4 and N1⁄2NE1⁄4NW1⁄4.

The area described contains 3,333.34 acres

of National Forest System land in Pitkin

County.

2. The withdrawal make by this order

does not alter the applicability of those

public land laws governing the use of

National Forest System lands under

lease, license, or permit, or governing

the disposal of their mineral or

vegetative resources other than under

the mining laws.

3. This withdrawal will expire 50

years from the effective date of this

order unless, as a result of a review

conducted before the expiration date

pursuant to Section 204(f) of the Federal

Land Policy and Management Act of

1976, 43 U.S.C. 1714(f) (1988), the

Secretary determines that the

withdrawal shall be extended.

Dated: December 8, 1995.

Bob Armstrong,

Assistant Secretary of the Interior.

[FR Doc. 95–30998 Filed 12–20–95; 8:45 am]

BILLING CODE 4310–JB–P