Federal Register / Vol. 60, No. 39 / Tuesday, February 28, 1995 / Proposed Rules 10817

12612 and has determined that this

proposal 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 paragraph

2.B.2. of Commandant Instruction

M16475.1B, this proposal is

categorically excluded from further

environmental documentation. A

‘‘Categorical Exclusion Determination’’

will be available in the docket for

inspection or copying where indicated

under ADDRESSES.

List of Subjects in 33 CFR Part 117

Bridges.

For the reasons set out in the

preamble, the Coast Guard proposes to

amend 33 CFR part 117 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 117.587 is revised to read

as follows:

§ 117.587 Apponagansett River.

The Padanaram Bridge, mile 1.0 at

Dartmouth, shall operate as follows:

(a) From May 1 through October 31,

the bridge shall open on signal:

(1) Twice an hour, on the hour and

the half hour between 5 a.m. and 9 a.m.

and between 8 p.m. and 9 p.m.;

(2) Once an hour, on the hour

between 9 a.m. and 8 p.m.

(b) At all other times the bridge shall

open if at least four (4) hours advance

notice is given.

(c) Mooring facilities shall be

maintained for vessels to make fast

while waiting for the bridge to open.

(d) The owners of this bridge shall

provide, and keep in good legible

condition, clearance gauges for each

draw with figures not less than twelve

(12) inches high designed, installed and

maintained according to the provisions

of § 118.160 of this chapter.

3. Appendix A to part 117 is amended

by adding the Apponagansett River

entry in alphabetical order under the

State of Massachusetts subheading to

read as follows:

APPENDIX A TO PART 117—DRAWBRIDGES EQUIPPED WITH RADIOTELEPHONES

Waterway Mile Location Bridge name and owner Call signs Calling

channel

Working

channel

* * * * * * *

Massachusetts ............... ........... ................... ............................................................................... ................... ................... ...................

* * * * * * *

Apponagansett River ...... 1.0 Dartmouth .. Padanaram, Town of Dartmouth .......................... ................... 13 13

* * * * * * *

Dated: February 6, 1995.

J.L. Linnon,

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

First Coast Guard District.

[FR Doc. 95–4906 Filed 2–27–95; 8:45 am]

BILLING CODE 4910–14–M

33 CFR Part 117

[CGD01–95–001]

RIN 2115–AE47

Drawbridge Operation Regulations;

Lagoon Pond, Tisbury, MA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard is

considering a change to the regulations

governing the Lagoon Pond Bridge over

Lagoon Pond at mile 0.0 in Tisbury,

Massachusetts. The special operating

regulations formerly published at 33

CFR 117.79 were deleted in error. The

bridge has not been operating in

accordance with the existing general

regulations. This proposal is being

considered to correct the deletion error

and republish the operating regulations

for the bridge.

DATES: Comments must be received on

or before May 1, 1995.

ADDRESSES: Comments may be mailed to

Commander (obr), First Coast Guard

District, Captain John Foster Williams

Federal Building, 408 Atlantic Ave.,

Boston, Massachusetts 02110–3350, or

may be hand-delivered to room 628 at

the same address between 6:30 a.m. and

3 p.m., Monday through Friday, except

federal holidays. The telephone number

is (617) 223–8364. The comments will

become part of this docket and will be

available for inspection and copying by

appointment at the above address.

FOR FURTHER INFORMATION CONTACT:

John W. McDonald, Project Officer,

Bridge Branch, (617) 223–8364.

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 (CGD01–95–001), the

specific section of the 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 no larger than 81⁄2′′ by

11′′, suitable for copying and electronic

filing. If that is not practical, a second

copy of any bound material is requested.

Persons desiring acknowledgment that

their comments have been received

should enclose a stamped, selfaddressed post card or envelope.

The Coast Guard will consider all

comments received during the comment

period, and may change this proposal in

light of comments received. The Coast

Guard plans no public hearing. Persons

may request a public hearing by writing

to Commander (obr), First Coast Guard

District at the address listed under

ADDRESSES. The request should include

reasons why a hearing would be

beneficial. If the Coast Guard

determines that the opportunity for oral

presentations will aid this rulemaking,

the Coast Guard will hold a public

hearing at a time and place announced

by a later notice in the Federal Register.

Drafting Information

The drafters of this notice are Mr.

John W. McDonald, Project Officer,

Bridge Branch, and Lieutenant
10818 Federal Register / Vol. 60, No. 39 / Tuesday, February 28, 1995 / Proposed Rules

Commander Samuel R. Watkins. Project

Counsel, District Legal Office.

Background and Purpose

The Lagoon Pond Bridge over Lagoon

Pond in Tisbury, Massachusetts, has a

vertical clearance of 15′ above mean

high water (MHW) and 17′ above mean

low water (MLW). Through an error, the

previous special operating regulations

for this bridge were deleted from 33 CFR

117.79. Therefore, the bridge currently

is required to open on signal at all times

under the general operating regulations

for drawbridges. Regulations published

in the Federal Register of October 7,

1982 (47 FR 44258) required that the

draw:

(a) Open on signal from September 16

through May 14 provided 24 hours

advance notice is given.

(b) From May 15 through September

15, open on signal only from 8:15 a.m.

to 8:45 a.m., 10:15 a.m. to 11 a.m., 3:15

p.m. to 4 p.m., 5 p.m. to 5:45 p.m., and

7:30 p.m. to 8 p.m. Throughout the

remainder of this period, the draw was

required to open for the passage of

vessels if 4 (four) hours advance notice

is given.

(c) Open at any time for public vessels

of the United States, any vessels of state

or municipal governments used for

public safety, and in case of emergency

or during severe storm conditions.

The bridge owner, the Massachusetts

Highway Department (MHD), has been

operating the bridge in accordance with

the deleted regulations on an unofficial

basis. The Coast Guard is proposing to

publish regulations that reinstate the

operating hours of the bridge contained

in the erroneously deleted rule.

Discussion of Proposed Amendments

The MHD, after being advised of the

deletion of the regulations covering the

Lagoon Pond Bridge, requested that

operating hours for the bridge be

published to read as follows:

(a) The draw shall open on signal

from May 15 through September 15,

from 8:15 a.m. to 8:45 a.m., from 10:15

a.m. to 11 a.m., from 3:15 p.m. to 4 p.m.,

from 5 p.m. to 5:45 p.m., and from 7:30

p.m. to 8 p.m. At all other times the

draw will open for the passage of

vessels if at least four (4) hours advance

notice is given by calling the number

posted at the bridge.

(b) The draw shall open on signal

from September 16 through May 14, if

at least twenty-four (24) hours advance

notice is given by calling the number

posted at the bridge.

(c) The owners of this bridge shall

provide, and keep in good legible

condition, clearance gauges for each

draw with figures not less than twelve

(12) inches high designed, installed and

maintained according to the provisions

of § 118.160 of this chapter.

Under the proposed rule, Appendix A

to Part 117 also will be amended to add

the Lagoon Pond Bridge (under the

Massachusetts subheading) to advise

mariners that a marine radio is installed

at the bridge for requesting openings.

The public vessel/emergency opening

provisions of the deleted rule will not

be incorporated into the proposed new

rule. Those provisions are now

contained in 33 CFR 117.31, a general

regulation applicable to all drawbridges.

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 Lagoon Pond Bridge.

It will require only that mariners plan

their transits.

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 fields and that

otherwise qualify as ‘‘small business

concerns’’ under section 3 of the Small

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

reasons discussed in the Regulatory

Evaluation above, 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 under the principles and

criteria contained in Executive Order

12612 and has determined that this

proposal 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 paragraph

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

Instruction M16475.1B, this proposal is

categorically excluded from further

environmental documentation. A

‘‘Categorical Exclusion Determination’’

is available in the docket for inspection

or copying where indicated under

ADDRESSES.

List of Subjects in 33 CFR Part 117

Bridges.

For the reasons set out in the

preamble, the Coast Guard proposes to

amend 33 CFR part 117 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 117.600 is added to read as

follows:

§ 117.600 Lagoon Pond.

The draw of the Lagoon Pond Bridge,

mile 0.0, in Tisbury, Massachusetts,

shall operate as follows:

(a) The draw shall open on signal

from May 15 through September 15,

from 8:15 a.m. to 8:45 a.m., from 10:15

a.m. to 11 a.m., from 3:15 p.m. to 4 p.m.,

from 5 p.m. to 5:45 p.m., and from 7:30

p.m. to 8 p.m. At all other times the

draw will open from the passage of

vessels if at least four (4) hours advance

notice is given by calling the number

posted at the bridge.

(b) The draw shall open on signal

from September 16 through May 14 if at

least twenty-four (24) hours advance

notice is given by calling the number

posted at the bridge.

(c) The owners of this bridge shall

provide and keep in good legible

condition, clearance gauges for each

draw with figures not less than twelve

(12) inches high designed, installed and

maintained according to the provisions

of § 118.160 of this chapter.

3. Appendix A to part 117 is amended

by adding an entry in alphabetical order

under the heading ‘‘Massachusetts’’ for

Lagoon Pond to read as follows:
Federal Register / Vol. 60, No. 39 / Tuesday, February 28, 1995 / Proposed Rules 10819

APPENDIX A TO PART 117—DRAWBRIDGES EQUIPPED WITH RADIOTELEPHONES

Waterway Mile Location Bridge name and owner Call sign Calling

channel

Working

channel

* * * * * * *

Massachusetts.

* * * * * * *

Lagoon Pond .................. 0.0 Tisbury ....... Lagoon Pond ........................................................ MHD 13 13

* * * * * * *

Dated: January 11, 1995.

J.L. Linnon,

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

First Coast Guard District.

[FR Doc. 95–4905 Filed 2–27–95; 8:45 am]

BILLING CODE 4910–14–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Ch. I

[FRL–5162–5]

Open Meeting of the Negotiated

Rulemaking Advisory Committee for

Small Nonroad Engine Regulations

AGENCY: Environmental Protection

Agency.

ACTION: FACA committee meeting;

Negotiated rulemaking on small

nonroad engine regulations.

SUMMARY: As required by section 9(a)(2)

of the Federal Advisory Committee Act

(Pub. L. 92–463), EPA is giving notice of

the next meeting of the Advisory

Committee to negotiate a rule to reduce

air emissions from small nonroad

engines. The meeting is open to the

public without advance registration.

The purpose of the meeting is to

continue identification and discussion

of issues, discuss interests of committee

members, and hear reports from task

groups.

DATES: The committee will meet on

March 21 and 22, 1995 from 10 a.m. to

6 p.m.

ADDRESSES: The location of the meeting

will be the Holiday Inn East, 3750

Washtenaw, Ann Arbor, MI 48104, (313)

971–2000.

FOR FURTHER INFORMATION CONTACT:

Persons needing further information on

the technical and substantive matters of

the rule should contact Betsy McCabe,

National Vehicle and Fuel Emissions

Laboratory, 2565 Plymouth Rd., Ann

Arbor Michigan 48105, (313) 668–4344.

Persons needing further information on

committee procedes should call

Deborah Dalton, Consensus and Dispute

Resolution Program, Environmental

Protection Agency, 401 M Street, SW.,

Washington, DC 20460, (202) 260–5495,

or the Committee’s facilitator, Lucy

More or John Folk-Williams, Western

Network, 616 Don Gaspar, Santa Fe,

New Mexico 87501, (505) 982–9805.

Dated: February 23, 1995.

Deborah Dalton,

Designated Federal Official, Deputy Director,

Consensus and Dispute Resolution Program.

[FR Doc. 95–4892 Filed 2–27–95; 8:45 am]

BILLING CODE 6560–50–M

40 CFR Part 52

[CA 78–2–6824; FRL–5162–4]

Approval and Promulgation of

Implementation Plans; California

Implementation Plan Revision; South

Coast Air Quality Management District

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of proposed rulemaking.

SUMMARY: EPA is proposing to

conditionally approve revisions to the

California State Implementation Plan

(SIP) which concern the control of

oxides of nitrogen (NOX) and oxides of

sulfur (SOX) emissions using an

emissions-limiting economic incentives

program, the NOX and SOX Regional

Clean Air Incentives Market (NOX and

SOX RECLAIM). This program, which

consists of twelve rules and associated

appendices known as Regulation XX,

applies to facilities in the South Coast

Air Quality Management District

(SCAQMD) with four or more tons of

NOX or SOX emissions per year from

permitted equipment. The subject

facilities, in order to meet annual

emission reduction requirements, will

participate in an economic incentive

program (EIP) in order to reduce

emissions at a significantly lower cost.

The intended effect of proposing

approval of Regulation XX is to regulate

emissions of NOX and SOX in

accordance with the requirements of the

Clean Air Act, as amended in 1990

(CAA or the Act). EPA’s final action on

this notice of proposed rulemaking

(NPRM) will incorporate this regulation

into the federally approved SIP. EPA

has evaluated this regulation and is

proposing to conditionally approve it

under provisions of the CAA regarding

EPA action on SIP submittals, SIPs for

national primary and secondary ambient

air quality standards and plan

requirements for nonattainment areas.

The EPA’s final conditional approval is

contingent on the SCAQMD providing

the Agency with an enforceable

commitment which addresses and cures

all of the deficiencies associated with

NOX and SOX RECLAIM within 12

months of the publication of the

proposed conditional approval. In the

event that SCAQMD fails to provide

EPA with such a commitment, then EPA

will publish a final rule to approve NOX

and SOX RECLAIM in the form of a

limited approval/limited disapproval

action. Both the conditional approval

action and the limited approval/limited

disapproval action are discussed in this

NPRM.

DATES: Comments must be received on

or before March 30, 1995.

ADDRESSES: Comments may be mailed

to: Daniel A. Meer, Rulemaking Section

(A–5–3), Air and Toxics Division, U.S.

Environmental Protection Agency,

Region IX, 75 Hawthorne Street, San

Francisco, CA 94105.

Copies of the new regulation and

EPA’s evaluation report of the

regulation are available for public

inspection at EPA’s Region 9 office

(address above) during normal business

hours. Copies of the submitted

regulation are also available for

inspection at the following locations:

California Air Resources Board,

Stationary Source Division, Rule

Evaluation Section, 2020 ‘‘L’’ Street,

Sacramento, CA 95814.

South Coast Air Quality Management

District, 21865 E. Copley Drive,

Diamond Bar, CA 91765–4182.

FOR FURTHER INFORMATION CONTACT:

Kenneth Israels, Rulemaking Section

(A–5–3), Air and Toxics Division,