12178 Federal Register / Vol. 60, No. 43 / Monday, March 6, 1995 / Proposed Rules

(vi) The first month in which you

failed without good cause to do what we

asked, when the rule set out in

paragraph (b)(4)(ii) of this section

applies.

* * * * *

12. The authority citation for Subpart

M of Part 416 continues to read as

follows:

Authority: Secs. 1102, 1611–1615, 1619

and 1631 of the Social Security Act; 42 USC

1302, 1382–1382d, 1382h, 1383.

13. Section 416.1331 is amended by

revising paragraph (a) to read as follows:

§ 416.1331 Termination of your disability

or blindness payments.

(a) General. The last month for which

we can pay you benefits based on

disability is the second month after the

first month in which you are

determined to no longer have a

disabling impairment (described in

§ 416.911). (See § 416.1338 for an

exception to this rule if you are

participating in an appropriate

vocational rehabilitation program, and

§ 416.261 for an explanation of special

benefits to which you may be entitled.)

The last month for which we can pay

you benefits based on blindness is the

second month after the month in which

your blindness ends (see § 416.986 for

when blindness ends). You must meet

the income, resources, and other

eligibility requirements to receive any of

the benefits described in this paragraph.

We will also stop payment of your

benefits if you have not cooperated with

us in getting information about your

disability or blindness.

* * * * *

[FR Doc. 95–5171 Filed 3–3–95; 8:45 am]

BILLING CODE 4190–29–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD05–94–092]

Drawbridge Operation Regulations;

New Jersey Intracoastal Waterway,

Beach Thorofare, NJ

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: At the request of the National

Railroad Passenger Corporation

(AMTRAK), the Coast Guard is

considering a change to the regulations

governing operation of the AMTRAK/

New Jersey Transit Rail Operation

(NJTRO) drawbridge across the Beach

Thorofare, at New Jersey Intracoastal

Waterway, mile 68.9, at Atlantic City,

New Jersey, by permitting the bridge to

be operated remotely from AMTRAK’s

Philadelphia office. This proposal is

being made in an effort to combine

bridge tender and dispatcher positions,

enhance rail safety and operation, and

reduce operating costs. This action

should relieve AMTRAK of the burden

of having to man the bridge constantly

to open the draw, and should still

provide for the reasonable needs of

navigation.

DATES: Comments must be received on

or before June 5, 1995.

ADDRESSES: Comments may be mailed to

Commander (ob), Fifth Coast Guard

District, c/o Commander (obr), First

Coast Guard District, Bldg. 135A,

Governors Island, New York 10004–

5073.

Any comments received will become

part of this docket and will be available

for inspection and copying by

appointment at Bldg. 135A, Governors

Island, New York 10004–5073. Normal

office hours are between 7 a.m. and 3:30

p.m., Monday through Fridays, except

Federal holidays. Comments may also

be hand-delivered to this address.

FOR FURTHER INFORMATION CONTACT:

Gary Kassaf, Bridge Administrator—NY,

Fifth Coast Guard District, (212) 668–

7069, 668–7021, or 668–7165.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages

interested persons to participate in this

rulemaking by submitting written views,

comments, data, or arguments. Persons

submitting comments should include

their names and addresses, identify this

rulemaking (CGD05–94–092), and the

specific section of this proposal to

which each comment applies, and give

reasons for each comment. The Coast

Guard requests that all comments and

attachments be submitted in an

unbound format suitable for copying

and electronic filing. If not practical, a

second copy of any bound material is

requested. Persons desiring

acknowledgment that their comments

have been received should enclose a

stamped, self-addressed postcard or

envelope.

The Coast Guard will consider all

comments received during the comment

period. It may change this proposal in

view of the comments received.

The Coast Guard plans no public

hearing. Persons may request a public

hearing by writing to the Commander

(ob) at the address under ADDRESSES.

The request should include reasons why

a hearing would be beneficial. If it

determines that the opportunity for oral

presentations will aid this rulemaking,

the Coast Guard will hold a public

hearing at a time and place to be

announced by a later notice in the

Federal Register.

Drafting Information

The drafters of this notice are Mr. J.

Arca, Fifth Coast Guard District, Bridge

Branch—NY, Project Officer, and LCDR

C.A. Abel, Fifth Coast Guard District

Legal Office, Project Attorney.

Background and Purpose

A permit was issued by the Coast

Guard on December 20, 1988, to replace

and slightly raise the superstructure of

the Beach Thorofare bridge. The new

drawbridge provides a vertical clearance

of 4 feet at mean high water and 9 feet

at mean low water when in the closed

position. Prior to its rehabilitation in

1988, the old bridge was left in the open

position and unused for 5 to 10 years.

However, the regulations governing

operation of this bridge require that the

bridge open on signal from 11 p.m. to

6 a.m. From 6 a.m. to 11 p.m., the draw

is required to open on signal from 20

minutes to 30 minutes after each hour

and remain open for all waiting vessels.

As a result of the rehabilitation and

replacement work, the bridge now

operates according to the published

regulations, and AMTRAK seeks to

operate the bridge remotely from its

Philadelphia office.

The Beach Thorofare section of the

New Jersey Intracoastal Waterway is

used primarily by recreational power

boats ranging in length from eighteen

(18) to thirty-eight (38) feet. The bridge

is required to open for vessel traffic

infrequently during the winter months.

The number of openings increases

during the normal season boating

season. However, the number of

openings is not excessive. During the

period from February 1994 through June

1994, drawlogs for the Beach Thorofare

Bridge show the bridge averaged 1

opening per day in February; 1 or 2

openings per day in March; 2 openings

per day in April; 6 openings per day in

May; and 7 openings per day in June.

During the same 5 month period, data

provided by AMTRAK shows the

number of trains per month crossing the

bridge in both directions remained fairly

constant, averaging between 900 and

1000 trains per month. The vast

majority of these trains are passenger/

shuttle type trains transporting persons

wishing to visit Atlantic City, New

Jersey. Train traffic across the bridge is

proportionately much heavier than

waterway traffic requiring openings of

the bridge. Because of the relatively few

requests for bridge openings, AMTRAK
Federal Register / Vol. 60, No. 43 / Monday, March 6, 1995 / Proposed Rules 12179

would like to combine the bridge tender

and train dispatcher positions in its

Philadelphia office. By controlling

openings of the bridge and movement of

trains across the bridge from one

location, AMTRAK can reduce

operating costs and still closely monitor

operations at the bridge.

The Coast Guard has no record of any

vessel allisions with this bridge. The

vessels that do use this waterway are

relatively small, and it is unlikely that

they could create major damage to the

bridge even if a vessel/bridge allision

did occur. Therefore, safety does not

appear to be a concern in the evaluation

of this request.

The proposed change establishes

procedures and criteria for remote

operation of the drawbridge, while

providing mariners warning of this

operation and a 24 hour-a-day point of

contact for normal or emergency

operation.

Regulatory Evaluation

This proposal 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 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

proposal to be so minimal that a full

Regulatory Evaluation, under paragraph

10e of the regulatory policies and

procedures of DOT, is unnecessary. This

conclusion is based on the fact that the

regulation will not prevent mariners

from transiting the Beach Thorofare

Bridge, nor will it change the present

opening schedule. Rather, it will permit

the bridge owner to operate the bridge

remotely.

Small Entities

Under the Regulatory Flexibility Act

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

must consider whether this proposal, if

adopted, 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

concern’’ under section 3 of the Small

Business Act (15 U.S.C. 632). Because it

expects the impacts of this proposal to

be minimal, the Coast Guard certifies

under 5 U.S.C. 605(b) that this proposal,

if adopted, will not have a significant

economic 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 in accordance with the

principles and criteria contained in

Executive Order 12612, and has

determined that this proposed

regulation does not have sufficient

federalism implications to warrant

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, this proposal is

categorically excluded from further

environmental documentation. A

Categorical Exclusion Determination

statement and checklist has been

prepared and placed in the rulemaking

docket.

List of Subjects in 33 CFR Part 117

Bridges.

Regulations

In consideration of the foregoing, 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).

2. Section 117.733(e) is revised to

read as follows:

§ 117.733 New Jersey Intracoastal

Waterway

* * * * *

(e) The draw of the AMTRAK New

Jersey Transit Rail Operation (NJTRO)

automated railroad swing bridge, mile

68.9, across Beach Thorofare at Atlantic

City shall operate as follows:

(1) Open on signal from 11 p.m. to 6

a.m. From 6 a.m. to 11 p.m., the draw

shall open on signal from 20 minutes to

30 minutes after each hour and remain

open for all waiting vessels.

(2) Opening of the draw span may be

delayed for ten minutes except as

provided in § 117.31(b). However, if a

train is moving toward the bridge and

has crossed the home signal for the

bridge before the signal requesting

opening of the bridge is given, that train

may continue across the bridge and

must clear the bridge interlocks before

stopping.

(3) When the bridge is not tended

locally and/or is operated from a remote

location, sufficient, closed-circuit TV

cameras shall be operated and

maintained at the bridge site to enable

the remotely located bridge/train

controller to have full view of both river

traffic and the bridge.

(4) Radiotelephone Channel 13

(156.65 Mhz) and 16 (156.8 Mhz) VHF–

FM, shall be maintained and utilized to

facilitate communication in both remote

and local control locations. The bridge

also shall be equipped with directional

microphones and horns to receive and

deliver signals to vessels within a mile

that are not equipped with

radiotelephones.

(5) Whenever the remote control

system equipment is partially disabled

or fails for any reason, the bridge shall

be physically tended and operated from

local control. Personnel shall be

dispatched to arrive at the bridge as

soon as possible but not more than one

hour after malfunction or inoperation of

the remote system. Mechanical by-pass

and override capability for remote

operation shall be provided and

maintained.

(6) When the draw is opening, being

closed, or is closed, yellow flashing

lights located on the ends of the center

piers shall be displayed continuously

until the bridge is in the fully open

position.

* * * * *

3. Appendix A to part 117 is amended

by adding a new entry under the State

of New Jersey in alphabetical order to

read as follows: New Jersey Intracoastal

Waterway.
12180 Federal Register / Vol. 60, No. 43 / Monday, March 6, 1995 / Proposed Rules

APPENDIX A TO PART 117—DRAWBRIDGES EQUIPPED WITH RADIOTELEPHONES

Waterway Mile Location Bridge name and

owner

Call

sign

Calling

channel

Working

channel

* * * * * * *

NEW JERSEY

* * * * * * *

New Jersey Intracoastal Waterway.

(Beach Thorofare) ................................................. 68.9 Atlantic City ................. AMTRAK ..................... WXZ

528.

13 13

* * * * * * *

Dated: February 3, 1995.

W.J. Ecker,

Rear Admiral, U.S. Coast Guard, Commander

Fifth Coast Guard District.

[FR Doc. 95–5386 Filed 3–3–95; 8:45 am]

BILLING CODE 4910–14–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[CA 95–3–6638b; FRL–5160–1]

Approval and Promulgation of State

Implementation Plans; California State

Implementation Plan Revision; San

Joaquin Valley Unified Air Pollution

Control District

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA is proposing to approve

revisions to the California State

Implementation Plan (SIP) that concern

the control of volatile organic

compound (VOC) emissions from in-situ

combustion well vents. The intended

effect of proposing approval of this rule

is to regulate emissions of VOCs in

accordance with the requirements of the

Clean Air Act, as amended in 1990

(CAA or the Act). In the 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 this 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 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 action should do so

at this time.

DATES: Comments on this proposed rule

must be received in writing by April 5,

1995.

ADDRESSES: Written comments on this

action should be addressed to: Daniel A.

Meer, Rulemaking Section (A–5–3), Air

and Toxics Division, U.S.

Environmental Protection Agency,

Region 9, 75 Hawthorne Street, San

Francisco, CA 94105–3901.

Copies of the rule revisions and EPA’s

evaluation report of each rule are

available for public inspection at EPA’s

Region IX office during normal business

hours. Copies of the submitted rule

revisions are also available for

inspection at the following locations:

California Air Resources Board,

Stationary Source Division, Rule

Evaluation Section, 2020 ‘‘L’’ Street,

Sacramento, CA 95812.

San Joaquin Valley Unified Air

Pollution Control District, 1999

Tuolumne Street, Suite 200, Fresno,

California 93721.

FOR FURTHER INFORMATION CONTACT: Mae

Wang, Rulemaking Section (A–5–3), Air

and Toxics Division, U.S.

Environmental Protection Agency,

Region IX, 75 Hawthorne Street, San

Francisco, CA 94105–3901, Telephone:

(415) 744–1200.

SUPPLEMENTARY INFORMATION: This

document concerns San Joaquin Valley

Unified Air Pollution Control District

Rule 4407, In-Situ Combustion Well

Vents, submitted to EPA on July 13,

1994 by the California Air Resources

Board. For further information, please

see the information provided in the

direct final action which is located in

the Rules section of this Federal

Register.

Authority: 42 U.S.C. 7401–7671q.

Dated: February 8, 1995.

Felicia Marcus,

Regional Administrator.

[FR Doc. 95–5343 Filed 3–3–95; 8:45 am]

BILLING CODE 6560–50–W

40 CFR Part 52

[IL99–01–6621, IN46–01–6622, MI33–01–

6626, WI47–01–6627; FRL–5165–1]

Approval of a Section 182(f)

Exemption; Illinois, Indiana, Michigan,

and Wisconsin

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: On July 13, 1994, the States

of Illinois, Indiana, Michigan, and

Wisconsin (the States) submitted to the

EPA a petition (the petition) for an

exemption from the requirements of

section 182(f) of the Clean Air Act (Act).

The States, acting through the Lake

Michigan Air Directors Consortium

(LADCo), are petitioning for an

exemption from the Reasonably

Available Control Technology (RACT)

and New Source Review (NSR)

requirements for major stationary

sources of oxides of nitrogen (NOx). In

the Lake Michigan Ozone Study (LMOS)

modeling domain, the RACT

requirements apply to major stationary

sources of NOx located in areas

currently classified as moderate and

above nonattainment for ozone. The

NSR requirements apply to major

stationary sources of NOx located in

areas currently classified as marginal

and above nonattainment for ozone. The

petition also seeks an exemption from

the transportation and general

conformity requirements for NOx in all

ozone nonattainment areas in the

modeling domain. Although the petition

does not specifically request an

exemption from the Inspection/

Maintenance (I/M) program

requirements, the approval of the

petition will impact the I/M NOx