18390 Federal Register / Vol. 60, No. 69 / Tuesday, April 11, 1995 / Proposed Rules

7 January 18, 1994 letter from Stanley L.

Laskowski, Acting Regional Administrator, EPA

Region III to Governor Robert P. Casey.

8EPA has determined that this submittal

conforms with the requirements of the Act,

irrespective of the fact that the submittal preceded

the date of enactment of the Clean Air Act

Amendments of 1990.

part of the area’s control strategy. The

SIP must provide that these measures

take effect without further action by the

State or EPA, upon a determination by

EPA that the area has failed to make

RFP or attain the PM–10 NAAQS by the

applicable statutory deadline.

Allegheny County’s SIP submittal

does not contain contingency measures.

On January 18, 1994, EPA formally

found that the Commonwealth of

Pennsylvania had not submitted

contingency measures to EPA for the

Liberty Borough area as required by the

Act.7 This finding started the eighteenmonth and 24-month sanctions clocks

pursuant to section 179(a) of the Act.

Also, section 110(c) requires that EPA

promulgate a federal implementation

plan (FIP) no later than two years after

making a finding under section 179(a).

Today’s rulemaking has no effect on the

January 18 finding or the associated

sanctions and FIP clocks. The sanction

clock will continue to run until EPA

receives a complete SIP submittal of the

contingency measures, and the FIP

clock will continue to run until EPA

approves those contingency measures.

Proposed Action

EPA is proposing to approve the PM–

10-related revisions to the Allegheny

County portion of the Pennsylvania SIP

submitted to EPA on November 14,

1988,8 January 12, 1993, and January 13,

1994.

Federally-approved state

implementation plan must be in

conformance with the provisions of the

1990 amendments enacted on November

15, 1990. The Agency has determined

that Pennsylvania’s November 14, 1988

submittal conforms with those

requirements irrespective of the fact that

the submittal preceded the date of

enactment.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

request for 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. 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.

SIP approvals under section 110 and

subchapter I, part D of the Clean Air Act

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, the

Administrator certifies 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 Act, preparation of a

flexibility analysis would constitute

Federal inquiry into the economic

reasonableness of state action. The

Clean Air Act forbids EPA to base its

actions concerning SIPs on such

grounds (Union Electric Co. v. U.S. EPA,

3427 U.S. 246, 255–66 (1976); 42 U.S.C.

7410(a)(2)).

This action to propose approval of the

PM–10 SIP for Allegheny County,

Pennsylvania has been classified as a

Table 2 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 an October 4,

1993 memorandum from Michael H.

Shapiro, Acting Assistant Administrator

for Air and Radiation. The OMB has

exempted this regulatory action from

E.O. 12866 review.

The Administrator’s decision to

approve or disapprove the SIP revision

will be based on whether it meets the

requirements of section 110(a)(2) (A)–

(K) and part D of the Clean Air Act, as

amended, and EPA regulations in 40

CFR part 51.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Hydrocarbons,

Incorporation by reference, Nitrogen

dioxide, Particulate matter, Reporting

and recordkeeping requirements, Sulfur

oxides.

Dated: March 21, 1995.

Stanley Laskowski,

Acting Regional Administrator, Region III.

[FR Doc. 95–8883 Filed 4–10–95; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Chapter II

[RSI–95–1]

Regulatory Review

AGENCY: Federal Railroad

Administration (FRA), DOT.

ACTION: Notice of meetings; request for

comments.

SUMMARY: The Federal Railroad

Administration invites all individuals

affected by the rail safety regulatory

program to discuss the agency’s

regulations and enforcement policies

during two open forums to be convened

in April. In addition, FRA invites

written comment on ways to improve

the safety regulatory program to make it

more flexible, performance-oriented and

cost-effective.

DATES: Public meetings will be held in

Chicago, IL on April 20, 1995 and in

Newark, N.J. on April 25, 1995. Written

comments must be submitted to the

FRA by May 5, 1995.

ADDRESSES: Public meetings: The

Chicago, IL meeting will be held in the

Tower’s West room of the

Knickerbocker Hotel, 163 E. Walton

Place, from 9:00 a.m. to 1:00 p.m. The

Newark, NJ meeting will be held in the

Crystal Room of the Robert Treat Hotel,

50 Park Place, (about 5 minutes from

Pennsylvania Station) from 10:00 a.m. to

2:00 p.m.

Written Comments: Written

comments should identify the docket

number and the notice number and

must be submitted in triplicate to the

Docket Clerk, Office of Chief Counsel,

Federal Railroad Administration, U.S.

Department of Transportation, 400 7th

Street, S.W., Room 8201, Washington,

D.C. 20590–0001. Persons desiring to be

notified that their written comments

have been received by FRA should

submit a self-addressed, stamped

postcard with their comments. The

Docket Clerk will indicate on the

postcard the date on which the

comments were received and will return

the card to the addressee. Written

comments will be available for

examination, both before and after the

closing date for comments, during

regular business hours in Room 8201 of

the Nassif Building at the above address.

FOR FURTHER INFORMATION CONTACT: Ed

English, Office of Safety Enforcement,

Federal Railroad Administration, 400

7th Street, S.W., Washington, D.C.

20590, 202–366–9252, or Lisa Levine,

Office of Chief Counsel, Federal
Federal Register / Vol. 60, No. 69 / Tuesday, April 11, 1995 / Proposed Rules 18391

Railroad Administration, 400 7th Street,

S.W., Washington, D.C. 20590, 202–

366–4781.

SUPPLEMENTARY INFORMATION: Building

on the regulatory philosophy set forth in

Executive Order No. 12866, President

Clinton recently asked Executive Branch

agencies to report to him by June 1,

1995 on ways to improve the regulatory

process. Specifically, the President

requested that agencies: [1] Cut obsolete

regulations; [2] reward agency and

regulator performance by rewarding

results instead of red tape; [3] create

grassroots partnerships by meeting,

outside of Washington, D.C., with those

affected by regulations; and [4] use

consensual rulemaking, such as

regulatory negotiation, more frequently.

This notice solicits comments and

announces public outreach responsive

to the President’s directives.

FRA is committed to a railroad

regulatory program that achieves safety

goals while being cost-effective, userfriendly and customer-focused.

Consistent with the President’s

Initiative, our 1995 Safety Action Plan

aspires to cut red-tape, improve

communications, foster cooperation and

emphasize performance-oriented

decision making with:

• Annual safety plans from each

major railroad developed consensually

with management, labor and FRA;

• Uniform and consistent safety

assurance methods;

• Continued efforts to improve the

effectiveness of our communications

and customer response; and

• Streamlining of our regulatory

process with a focus on data-based

decision making.

Through roundtables, innovative

rulemaking procedures (including

negotiated rulemaking), and direct

contacts with industry groups, FRA

seeks to ensure open lines of

communication and active collaboration

of all affected persons in the

development of its safety programs.

In response to the President’s

initiative, FRA invites participation

from the regulated community in the

creation of grassroots partnerships. The

meetings in Chicago and Newark will be

informal, intended to produce a

dialogue between agency regulators and

those persons directly affected by the

rail safety program and regulations.

These public forums are intended to

elicit information and views at a

grassroots level—from working railroad

employees, supervisors and managers in

those major railroad terminal areas.

Because FRA believes the President’s

call for regulatory review provides rich

opportunities for eliminating or

improving regulations, FRA is seeking

comments, either at the public meetings

or in writing, discussing methods of

improving the regulations to make the

rail safety program more performanceoriented, flexible and cost-effective. Any

comments should contain a current

priority order for those areas in need of

improvement. By focusing on matters of

greatest concern to those who carry

regulatory burdens, FRA can best

balance its responsibilities for

regulatory reinvention and completion

of statutorily mandated rulemaking

proceedings.

Donald M. Itzkoff,

Deputy Administrator.

[FR Doc. 95–8983 Filed 4–10–95; 8:45 am]

BILLING CODE 4910–06–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 642

[ID. 040595A]

Coastal Migratory Pelagic Resources

of the Gulf of Mexico and South

Atlantic; 1995–96 King and Spanish

Mackerel Specifications; Hearing

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Public hearing.

SUMMARY: The South Atlantic Fishery

Management Council (Council) will

hold a public hearing on the total

allowable catch, quotas, and bag limits

for king and Spanish mackerel for the

1995–96 fishing year.

DATES: The hearing will be held on

Thursday, April 13, 1995 at 4 p.m.

ADDRESSES: The hearing will be held at

the Holiday Inn Savannah- Midtown,

7100 Abercorn Expressway, Savannah,

GA 31406; telephone: 1–800–255–8268

or 1–912–352–7100.

Requests for special accommodations

may be sent to the South Atlantic

Fishery Management Council; One

Southpark Circle, Suite 306, Charleston,

SC 29407–4699.

FOR FURTHER INFORMATION CONTACT:

Sharon Coste, South Atlantic Fishery

Management Council, telephone: 1–

803–571–4366 or fax: 1–803–769–4520.

SUPPLEMENTARY INFORMATION: This

public hearing is being held in

conjunction with public meetings held

by the Council on April 10–14, 1995.

The hearing will be held to receive

comments on the total allowable catch,

quotas, and bag limits for king and

Spanish mackerel for the 1995–96

fishing year. These measures will be

developed by the Council according to

framework regulatory procedures

established by the Fishery Management

Plan for Coastal Migratory Pelagic

Resources of the Gulf of Mexico and

South Atlantic. Under this procedure,

the Council will submit proposed

measures to NMFS for review, approval,

and implementation. NMFS’ review will

involve a public comment period before

final agency action.

This meeting is physically accessible

to people with disabilities. Requests for

sign language interpretation or other

auxiliary aids should be directed to the

Council office (see ADDRESSES).

Authority: 16 U.S.C. 1801 et seq.

Dated: April 5, 1995.

Richard W. Surdi,

Acting Director, Office of Fisheries

Conservation and Management, National

Marine Fisheries Service.

[FR Doc. 95–8908 Filed 4–10–95; 8:45 am]

BILLING CODE 3510–22–F

50 CFR Part 655

[I.D. 032895B]

Atlantic Mackerel, Squid, and

Butterfish Fishery Management Plan;

Public Hearings; Supplement 1 to

Amendment 5

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Public hearings; request for

comments.

SUMMARY: The Mid-Atlantic Fishery

Management Council (Council) will

hold public hearings to allow for input

on Supplement 1 to Amendment 5 to

the Fishery Management Plan for the

Atlantic Mackerel, Squid, and Butterfish

Fishery. The Council will also accept

comments prepared for Amendment 7

for inclusion in the Environmental

Impact Statement on the matters

contained in Supplement 1.

DATES: Written comments must be

received by May 1, 1995. The hearings

are scheduled as follows:

1. April 18, 1995, 7 p.m., Virginia

Beach, VA;

2. April 24, 1995, 7 p.m., Galilee, RI;

3. April 25, 1995, 7 p.m., Cape May

Courthouse, NJ.

ADDRESSES: Send written comments to

David R. Keifer, Executive Director,

Mid-Atlantic Fishery Management