Federal Register / Vol. 60, No. 55 / Wednesday, March 22, 1995 / Proposed Rules 15103

Persons submitting comments should

include their names and addresses,

identify this notice (CGD01–95–012)

and the specific section of the proposal

to which their comments apply, and

give reasons for each comment. Persons

wanting acknowledgment of receipt of

comments 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. The Coast Guard

plans no public hearing; however,

persons may request a public hearing by

writing to the Maritime Planning Staff at

the address under ADDRESSES. If it is

determined 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 LTJG K.

Messenger, Project Manager, Captain of

the Port, New York and LCDR J. Stieb,

Project Attorney, First Coast Guard

District, Legal Office.

Background and Purpose

For the last several years, the

Burlington Department of Parks and

Recreation has submitted an

Application for Approval of Marine

Event for a fireworks program in the

waters of Burlington Bay. This

regulation would establish a safety zone

in the waters of Burlington Bay on the

third of July from 7:45 p.m. until 10:15

p.m., unless extended or terminated

sooner by the Captain of the Port New

York. This safety zone would preclude

all vessels from transiting within a 250

yard radius of the fireworks platform

anchored approximately 250 yards off of

Burlington, Vermont, at or near

44°28′33′′N latitude and 073°13′33′′W

longitude. It is needed to protect

mariners from the hazards associated

with fireworks exploding in the area.

This permanent regulation would

provide notice to mariners that this

event occurs annually at the same

location, on the same day and time,

allowing them to plan transits

accordingly. This regulation will be

announced annually via Safety Marine

Information Broadcasts and by locally

issued notices.

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

10(e) of the regulatory policies and

procedures of DOT is unnecessary. This

safety zone would close a portion of

Burlington Bay to all vessel traffic

annually on the third of July from 7:45

p.m. until 10:15 p.m., unless extended

or terminated sooner by the Captain of

the Port New York. Although this

regulation would prevent traffic from

transiting this area, the effect of this

regulation would not be significant for

several reasons. Due to the limited

duration of the event; the late hour of

the event; the extensive, advance

advisories that will be made; that traffic

can safely transit to the west of this

safety zone; and that this event has been

held annually for the past several years

without incident or complaint, the Coast

Guard expects the economic impact of

this regulation to be so minimal that a

Regulatory Evaluation is unnecessary.

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 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 concerns’’ under

Section 3 of the Small Business Act (15

U.S.C. 632).

For reasons set forth in the above

Regulatory Evaluation, the Coast Guard

expects the impact of this proposal to be

minimal. The Coast Guard certifies

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

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).

Federalism

The Coast Guard has analyzed this

action in accordance with the principles

and criteria contained in Executive

Order 12612 and has determined that

this proposal does not raise sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

Environment

The Coast Guard has considered the

environmental impact of this proposal

and concluded that under section

2.B.2.e. of Commandant Instruction

M16475.1B, it is categorically excluded

from further environmental

documentation. A Categorical Exclusion

Determination is included in the docket.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Waterways.

Proposed Regulations

For reasons set out in the preamble,

the Coast Guard proposes to amend 33

CFR Part 165 as follows:

PART 165—[AMENDED]

1. The authority citation for Part 165

continues to read as follows:

Authority: 33 U.S.C. 1231; 50 U.S.C. 191;

33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5;

49 CFR 1.46. 2. Section 165.166, is added to read as

follows:

§ 165.166 Safety Zone; Annual Burlington

Independence Day Celebration Fireworks

Display, Burlington Bay, Vermont.

(a) Location. All waters of Burlington

Bay within a 250 yard radius from the

center of a fireworks platform anchored

approximately 250 yards off of

Burlington, Vermont, at or near

44°28′33′′N latitude and 073°13′33′′W

longitude.

(b) Effective period. This section is in

effect annually on the third of July from

7:45 p.m. until 10:15 p.m., unless

extended or terminated sooner by the

Captain of the Port New York. The

effective period will be announced via

Safety Marine Information Broadcasts

and locally issued notices.

(c) Regulations.

(1) The general regulations contained

in 33 CFR 165.23 apply.

(2) All persons and vessels shall

comply with the instructions of the

Coast Guard Captain of the Port or the

designated on scene patrol personnel.

U.S. Coast Guard patrol personnel

include commissioned, warrant, and

petty officers of the Coast Guard. Upon

being hailed by a U.S. Coast Guard

vessel via siren, radio, flashing light, or

other means, the operator of a vessel

shall proceed as directed.

Dated: March 6, 1995.

T.H. Gilmour,

Captain, U.S. Coast Guard, Captain of the

Port, New York.

[FR Doc. 95–6952 Filed 3–21–95; 8:45 am]

BILLING CODE 4910–14–M
15104 Federal Register / Vol. 60, No. 55 / Wednesday, March 22, 1995 / Proposed Rules

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[OH61–1–6381b; FRL–5175–3]

Approval and Promulgation of

Implementation Plans; Ohio

AGENCY: United States Environmental

Protection Agency (USEPA).

ACTION: Proposed rule.

SUMMARY: The USEPA is taking action to

approve, through direct final procedure,

Ohio’s 1990 base-year ozone precursor

emissions inventory for the Toledo and

Dayton ozone nonattainment areas as

revisions to the ozone portion of the

Ohio State Implementation Plan (SIP).

The emissions inventories were

submitted to satisfy a Federal

requirement that States containing

ozone nonattainment areas submit

inventories of actual ozone precursor

emissions for the year 1990. The Ohio

ozone nonattainment areas covered by

this rulemaking are Toledo (Lucas and

Wood Counties) and Dayton (Clark,

Greene, Miami, and Montgomery

Counties).

In the final rules section of this

Federal Register, USEPA is approving

the State’s SIP revision request as a

direct final rule without prior proposal

because USEPA views this as

noncontroversial and anticipates no

adverse comments. A detailed rationale

for the approval is set forth in the direct

final rule. If no adverse or critical

comments are received in response to

that direct final rule, no further activity

is contemplated in relation to this

proposed rule. If USEPA 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. USEPA will institute a

second comment period on this action

only if warranted by revisions to the

rulemaking based on comments

received. Any parties interested in

commenting on this action should do so

at this time.

DATES: Comments on this action must be

received by April 21, 1995.

ADDRESSES: Written comments should

be mailed to: William L. MacDowell,

Chief, Regulation Development Section,

Air Enforcement Branch (AE–17J),

USEPA, Region 5, 77 West Jackson

Boulevard, Chicago, Illinois 60604.

Copies of the State submittal and

USEPA’s analysis of it are available for

inspection at: Regulation Development

Section, Air Enforcement Branch (AE–

17J), USEPA, Region 5, 77 West Jackson

Boulevard, Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT:

Richard Schleyer, Environmental

Engineer, Regulation Development

Section, Air Enforcement Branch (AE–

17J), USEPA, Region 5, 77 West Jackson

Boulevard, Chicago, Illinois 60604,

(312) 353–5089.

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: March 3, 1995.

Valdas V. Adamkus,

Regional Administrator.

[FR Doc. 95–6994 Filed 3–21–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 52

[MT26–1–6692b; FRL–5163–9]

Clean Air Act Approval and

Promulgation of State Implementation

Plan for Montana; Butte; PM10

Contingency Measures and Revisions

to the Attainment and Maintenance

Demonstrations

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA proposes to approve the

State implementation plan (SIP)

revisions submitted by the State of

Montana with a letter dated August 26,

1994. This submittal addresses, for the

Butte moderate PM10 nonattainment

area, the Federal Clean Air Act

requirement to submit contingency

measures for particulate matter with an

aerodynamic diameter less than or equal

to a nominal 10 micrometers (PM10) for

areas designated as nonattainment for

the PM10 National Ambient Air Quality

Standards (NAAQS). This submittal also

includes revisions to the attainment and

maintenance demonstrations for the

moderate PM10 nonattainment area SIP

for Butte due to the inclusion of new

emission limits in a revised air quality

permit for Montana Resources, Inc.

Since the SIP adequately addresses the

requirement for contingency measures

and, with the new emission limits for

Montana Resources, Inc., still

adequately demonstrates attainment and

maintenance of the PM10 NAAQS in

Butte, EPA proposes to approve these

revisions.

In the final rules section of this

Federal Register, EPA is acting on the

State’s SIP revisions 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 EPA’s actions 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 and the direct final rule

will become effective. 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 document should do so at this

time.

DATES: Comments on this proposed rule

must be received in writing by April 21,

1995.

ADDRESSES: Written comments on this

action should be addressed to Amy

Platt, 8ART–AP, at the EPA Regional

Office listed below. Copies of the State’s

submittal and documents relevant to

this proposed rule are available for

inspection during normal business

hours at the following locations: Air

Programs Branch, Environmental

Protection Agency, Region VIII; 999

18th Street, suite 500, Denver, Colorado

80202–2405; and Montana Department

of Health and Environmental Sciences,

Air Quality Bureau, Cogswell Building,

Helena, Montana 59620–0901.

FOR FURTHER INFORMATION CONTACT:

Amy Platt at (303) 293–1769.

SUPPLEMENTARY INFORMATION: See the

information provided in the Direct Final

action which is located in the Rules

Section of this Federal Register.

Dated: February 17, 1995.

Jack McGraw,

Acting Regional Administrator.

[FR Doc. 95–7005 Filed 3–21–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 52

[CA38–2–6232b; FRL–5171–4]

Approval and Promulgation of State

Implementation Plans; California State

Implementation Plan Revision, Bay

Area Air Quality Management District

(BAAQMD)

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA is proposing to approve

revisions to the California State

Implementation Plan (SIP) which

concern the control of volatile organic

compound (VOC) emissions from

coating, cleaning, and manufacturing

operations. These revisions also concern

gasoline dispensing and the control of

VOCs from municipal landfills.