8306 Federal Register / Vol. 60, No. 30 / Tuesday, February 14, 1995 / Rules and Regulations

the notice to state the statutory basis of

the seizure and a brief narration of the

facts leading to the conclusion that the

property seized is subject to forfeiture.

These two requirements are somewhat

redundant, and their language varies

from the notice requirements of the

seizing agencies of the Departments of

Justice and Treasury. Modifying the

language of the Postal Service’s notice

requirements will eliminate the

redundancy and make Postal Service

forfeiture regulations more consistent

with Justice and Treasury forfeiture

regulations.

List of Subjects in 39 CFR Part 233

Crime, Law enforcement, Postal

service, Seizures and forfeitures.

Accordingly, 39 CFR part 233 is

amended as set forth below.

PART 233—INSPECTION SERVICE/

INSPECTOR GENERAL AUTHORITY

1. The authority citation for part 233

continues to read as follows:

Authority: 39 U.S.C. 101, 401, 402, 403,

404, 406, 410, 411, 3005(e)(1); 12 U.S.C.

3401–3422; 18 U.S.C. 981, 1956, 1957, 2254,

3061; 21 U.S.C. 881; Inspector General Act of

1978, as amended (Pub. L. No. 95–452, as

amended), 5 U.S.C. App. 3.

2. Section 233.7(h)(1) is amended by

revising the second sentence to read as

follows:

§ 233.7 Forfeiture authority and

procedures.

* * * * *

(h) * * *

(1) * * * The notice must describe

the property seized; state the date,

place, and cause for seizure; and inform

the party of the intent of the Postal

Inspection Service to forfeit the

property. * * *

* * * * *

Stanley F. Mires,

Chief Counsel, Legislative.

[FR Doc. 95–3559 Filed 2–13–95; 8:45 am]

BILLING CODE 7710–12–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[FL–53–1–6740; FRL–5114–8]

Approval and Promulgation of

Implementation Plans Florida: Title V,

Section 507, Small Business Stationary

Source Technical and Environmental

Compliance Assistance Program

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is approving revisions to

the State Implementation Plan (SIP)

submitted by the State of Florida

through the Florida Department of

Environmental Protection (FDEP) for the

purpose of establishing a Small

Business Stationary Source Technical

and Environmental Compliance

Assistance Program (PROGRAM), which

will be fully implemented by November

1994. This implementation plan was

submitted by FDEP on February 24,

1993, to satisfy the federal mandate to

ensure that small businesses have access

to the technical assistance and

regulatory information necessary to

comply with the Clean Air Act, as

amended (CAA).

EFFECTIVE DATE: This approval is

effective March 16, 1995.

ADDRESSES: 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

Air Resources Management Division,

Florida Department of Environmental

Protection, Twin Towers Office

Building, 2600 Blair Stone Road,

Tallahassee, Florida 32399–2400.

FOR FURTHER INFORMATION CONTACT: Mr.

Joey LeVasseur, 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 x4215. Reference file FL053–

01–5923.

SUPPLEMENTARY INFORMATION:

Implementation of the CAA requires

small businesses to comply with

specific regulations in order for areas to

attain and maintain the national

ambient air quality standards (NAAQS)

and reduce the emission of air toxics. In

anticipation of the impact of these

requirements on small businesses, the

CAA requires that states adopt a

PROGRAM, and submit this PROGRAM

as a revision to the federally approved

SIP. On February 24, 1993, the Florida

Department of Environmental Protection

submitted to EPA for approval, the

requisite revisions to the SIP

establishing the PROGRAM. These

revisions were adopted by the Florida

Legislature by amending chapter 403 of

the Florida Statute, approved on April

8, 1992. The EPA reviewed this request

for revision of the federally approved

SIP and found it to be in conformance

with the requirements of the 1990 CAA.

EPA therefore published a notice to

approve the revisions without prior

proposal (59 FR 8542, February 23,

1994).

In the final rulemaking, EPA advised

the public the effective date of the

action was deferred for 60 days (until

April 25, 1994) to provide an

opportunity to submit comments. EPA

announced if notice was received

within 30 days of the publication of the

final rule that someone wanted to

submit adverse or critical comments, the

final action would be withdrawn and a

new rulemaking would begin by

proposing a 30 day comment period.

EPA had earlier published a general

notice explaining this special procedure

(56 FR 44477, September 4, 1991).

Adverse comments were received on the

59 FR 8542 notice (February 23, 1994).

Accordingly, EPA withdrew the direct

final rule (59 FR 21664, April 26, 1994)

and simultaneously proposed approval

(59 FR 21738, April 26, 1994) of the

aforementioned Florida revisions to the

SIP. The proposed rule formally

solicited comments and one adverse

comment was subsequently received.

Comments. The commenter,

representing a trade association,

indicated the proposed structure of the

Florida Small Business Assistance

Program (SBAP) was ‘‘fraught with risk’’

and ‘‘created a potential conflict of

interest.’’ The Florida Program

combines the roles of the ombudsman,

technical assistance and staffing for the

Compliance Advisory Panel in a single

office. The commenter was thus

concerned that the inherent checks and

balances intended by section 507 of the

CAA would be compromised.

Response. The Agency recognizes the

legitimacy of the commenter’s concerns.

Prior to the publication of the February

23, 1994, Federal Register notice, the

Agency considered this particular issue

in depth. The governing document is

the Guidelines for Implementation of

Section 507 of the 1990 Clean Air Act

Amendments; and, in particular, two

specific portions therein:

The State must comply with all statutory

requirements of the Act, however, to the

extent that the EPA is interpreting the Act

requirements, these interpretations are not

binding on the States * * * (Preface of

Guidelines); and
Federal Register / Vol. 60, No. 30 / Tuesday, February 14, 1995 / Rules and Regulations 8307

The EPA does not prescribe the placement

of the Ombudsman Office or the office to be

charged with the implementation of an

SBAP. * * * The critical test for EPA

approval, with respect to this element of the

PROGRAM [the ombudsman], will be

whether (1) the designated office is

encumbered with activities that prevent it

from performing effectively; (2) sufficient

expertise exists to represent small businesses;

and (3) no conflicts of interest exist within

the office that would prevent the

Ombudsman from serving

effectively * * * (Section 2.0 of the

Guidelines, pp. 14 and 15).

In the spirit of the guidelines, the

Agency examined Florida’s submission

from several perspectives. The State of

Florida held public hearings regarding

the proposed statutory changes and SIP

currently at issue. No one, including

trade associations, made an adverse

comment either at the hearings or in

writing at a later time. The Agency

concluded, therefore, every effort had

been made to provide the regulated

community and other potentially

affected parties with an opportunity to

craft the PROGRAM in an acceptable

form.

The selection of the Ombudsman and

the Small Business Section Program

Administrator, who has the

responsibility of directing the SBAP, is

the responsibility of the Chief of the

Bureau of Air Regulation. The decision

was made to have the current

ombudsman also serve as the Program

Administrator. Florida has taken the

position that the combined functions

permit the ombudsman to effect

immediate improvements and correct

deficiencies in the SBAP through the

advocacy responsibilities inherent in

the office. The Agency accepts this as

the prerogative of the State provided it

works as the CAA intended. The CAA

does not require that these offices be

separate. Should personnel, resources

and/or the needs of either the

Ombudsman’s or the Administrator’s

office warrant a different approach, the

Agency acknowledges that the Bureau

Chief can divide the responsibilities

accordingly. From its inception, the

high quality of Florida’s PROGRAM has

been recognized by the Agency. Indeed,

even the commenter stated: ‘‘Our

comments are not meant to convey an

impression that we feel the Florida

program is not working. In fact it seems

to be working better than in many other

states.’’ The acknowledged fact that

Florida’s PROGRAM is working well

goes to the heart of the issue. The

Agency believes the structure of a

PROGRAM is secondary to its

effectiveness. The Agency has

determined the Florida Ombudsman’s

office has sufficient expertise to

represent small businesses and the

Florida SBAP is performing efficiently.

Florida’s proposed SIP revision,

therefore, clearly meets the first two of

the required tests identified in the

Guidance.

After a thorough review of the

PROGRAM in light of the comment,

EPA believes the PROGRAM meets the

requirements of the CAA. The

PROGRAM as conceived by the CAA

has an inherent system of checks and

balances to guard against this potential

likelihood. The Florida PROGRAM does

not circumvent or obviate any of them.

The Florida Ombudsman has direct

access to the Governor of the State

should the necessary support of the

Department to implement the

PROGRAM be deemed wanting. The

CAP is responsible for assuring

adherence to the SIP and providing a

source for small businesses to voice

concerns regarding either the

ombudsman or the SBAP. The

utilization of the SBAP staff to serve and

assist the CAP is, in fact, mandated by

the CAA. In addition, both Region 4 and

the EPA Ombudsman are responsible for

monitoring and overseeing the

implementation of the SIP in Florida.

Should any conflict of interest or any

other concern be realized, corrective or

remedial action can be taken

immediately. The Agency concludes,

therefore, the Florida PROGRAM as

proposed meets the requisite criteria for

approval.

Final Action

EPA is approving the PROGRAM SIP

revision submitted by the State of

Florida through the FDEP for the

establishment of a Small Business

Stationary Source Technical and

Environmental Compliance Assistance

Program. The Agency has reviewed this

request for revision of the federally

approved SIP for conformance with the

CAA, including sections 507 and

110(a)(2).

The Office of Management and Budget

has exempted these actions from review

under Executive Order 12866.

Nothing in this action shall be

construed as permitting or allowing or

establishing a precedent for any future

request for a revision to any SIP. Each

request for revision to the SIP 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. 600 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.

By this action, EPA is approving a

PROGRAM created for the purpose of

assisting small businesses in complying

with existing statutory and regulatory

requirements. The program does not

impose any new regulatory burden on

small businesses; it is a program under

which small businesses may elect to

take advantage of assistance provided by

the State. Therefore, because the EPA’s

approval of this program does not

impose any new regulatory

requirements on small businesses, I

certify that it does not have a significant

economic impact on any small entities

affected.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Incorporation by

reference, Intergovernmental relations,

Small business stationary source

technical and environmental assistance

program.

Dated: November 8, 1994.

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 K—Florida

2. Section 52.520, is amended by

adding paragraph (c)(80) to read as

follows:

§ 52.520 Identification of plan.

* * * * *

(c) * * *

(80) The Florida Department of

Environmental Regulation has

submitted revisions to chapter 403.0852

of the Florida Statutes on February 24,

1993. These revisions address the

requirements of section 507 of title V of

the CAA and establish the Small

Business Stationary Source Technical

and Environmental Assistance Program

(PROGRAM).

(i) Incorporation by reference. Florida

Statutes 403.031(20), 403.0852 (1), (2),

(3), (4), 403.0872(10)(b), 403.0873,

403.8051, effective on April 28, 1992.
8308 Federal Register / Vol. 60, No. 30 / Tuesday, February 14, 1995 / Rules and Regulations

(ii) Other material. None.

* * * * *

[FR Doc. 95–3577 Filed 2–13–95; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

46 CFR Part 15

[CGD 94–041]

RIN 2115–AE92

Radar-Observer Endorsement for

Operators of Uninspected Towing

Vessels

AGENCY: Coast Guard, DOT.

ACTION: Interim rule; reopening of

comment period.

SUMMARY: On October 26, 1994 (59 FR

53754), the Coast Guard published an

interim rule establishing radar-training

requirements for licensed masters,

mates, and operators of radar-equipped

uninspected towing vessels 8 meters

(approximately 26 feet) or more in

length. Under the interim rule, on

February 15, 1995, these licensed

persons would be required to hold

either an endorsement as a radar

observer or, if holding a valid license

issued before February 15, 1995, a

certificate from a Radar-Operation

course. In response to comments from

members of the regulated public, the

Coast Guard is amending the interim

rule to change the date on which the

radar-observer endorsement or the

Radar-Operation course certificate will

be required from February 15, 1995, to

June 1, 1995. The Coast Guard is also

reopening the comment period to solicit

additional public involvement in this

rulemaking.

DATES: This interim rule is effective on

February 14, 1995. Comments must be

received before June 1, 1995.

ADDRESSES: Comments may be mailed to

the Executive Secretary, Marine Safety

Council (G–LRA, 3406) (CGD 94–041),

U.S. Coast Guard Headquarters, 2100

Second Street SW., Washington, DC

20593–0001, or may be delivered to

room 3406 at the same address between

8 a.m. and 3 p.m., Monday through

Friday, except Federal holidays. The

telephone number is (202) 267–1477.

The Executive Secretary maintains the

public docket for this rulemaking.

Comments will become part of this

docket and will be available for

inspection or copying at room 3406,

U.S. Coast Guard Headquarters, between

8 a.m. and 3 p.m., Monday through

Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr.

Robert S. Spears, Jr., Project Manager,

Office of Marine Safety, Security, and

Environmental Protection (G–MVP–3),

(202) 267–0224, between 9 a.m. and 5

p.m., Monday through Friday, except

Federal holidays.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages

interested persons to participate in this

rulemaking by submitting written data,

views, or arguments. Persons submitting

comments should include their names

and addresses, identify this rulemaking

(CGD 94–041) and the specific section of

this rule to which each comment

applies, and give the reason for each

comment. Please submit two copies of

all comments and attachments in an

unbound format, no larger than 81⁄2 by

11 inches, suitable for copying and

electronic filing. Persons wanting

acknowledgment of receipt of comments

should enclose stamped, self-addressed

postcards or envelopes.

The Coast Guard will consider all

comments received during the comment

period. It may change this rule in view

of the comments.

Drafting Information

The principal persons involved in the

drafting of this document are Mr. Robert

S. Spears, Jr., Project Manager, Office of

Marine Safety, Security, and

Environmental Protection, Mr. Patrick J.

Murray, Project Counsel, Office of the

Chief Counsel, and Commander Thomas

Cahill, Office of the Chief Counsel.

Regulatory Information

This rule amends an interim rule

issued by the Coast Guard on October

26, 1994 (59 FR 53754). Comments

received from members of the regulated

public have indicated that difficulties

were encountered in obtaining the

required training in the time allowed.

This rule amends the date by which a

license endorsement or a certificate of

training must be obtained, and relieves

a potential burden on members of the

regulated public by providing additional

time to achieve compliance. It should

not adversely affect navigation safety.

Therefore, under 5 U.S.C. 553(d)(3), the

Coast Guard certifies that good cause

exists for this rule to be effective upon

publication.

Background

Following the derailment of the

Amtrak Sunset Limited, with extensive

injury and loss of life, on September 22,

1993, the Coast Guard conducted a

study of uninspected towing vessel

safety. The study made a number of

recommendations for improving safety

in the towing industry. One of the

recommendations was to require radar

observer training and endorsements for

operators of radar-equipped

uninspected towing vessels 8 meters

(approximately 26 feet) or more in

length. That recommendation was

approved, and on October 26, 1994 (59

FR 53754), the Coast Guard published

an interim rule establishing

requirements for radar training. The

interim rule also added topics to the list

of required subjects taught in approved

radar-training courses that must be

completed in order to receive a radarobserver endorsement.

The interim rule went into effect on

November 25, 1994. However, to

provide a reasonable opportunity for

affected persons to complete the

training and obtain the required

endorsements, 46 CFR 15.815(c)

provided that the endorsement was

required only for those licenses to be

issued after February 15, 1995. Persons

holding valid licenses issued prior to

February 15, 1995, would be required to

undergo basic radar training and receive

a certificate of completion for that

training prior to February 15, 1995.

Without the endorsement or certificate

of completion, after February 15, 1995,

no person may serve as a master, mate,

or operator of a radar-equipped towing

vessel, 8 meters (approximately 26 feet)

or more in length, required to have a

licensed operator. For a person holding

a license issued before February 15,

1995, the additional training needed to

qualify for a radar-observer endorsement

would then be required before the

individual renewed or upgraded his or

her license.

The comment period for the interim

rule closed on January 24, 1995. Prior to

the close of the comment period, the

Coast Guard received over 300

comments. A number of the comments

expressed concern that the required

training would not be available before

February 15, 1995. Therefore, to relieve

this potential burden, the Coast Guard is

amending the interim rule. The Coast

Guard will also continue to evaluate the

comments received on this rulemaking.

Discussion of Amendment

This rule changes the date in 46 CFR

15.815(c) by which a radar-observer

endorsement or certificate of training

must be received from February 15,

1995 to June 1, 1995. This extension

permits affected mariners who are not

able to complete radar training by

February 15 to continue to operate

legally. Further, the related reopening of

the comment period provides a greater