Federal Register / Vol. 60, No. 8 / Thursday, January 12, 1995 / Rules and Regulations 2885

addition, the final disapproval starts the

24 month clock for the imposition of a

section 110(c) Federal Implementation

Plan. Finally, under section 110(m) the

EPA has discretionary authority to

impose sanctions at any time after a

final disapproval.

Nothing in this action should be

construed as permitting or establishing

a precedent for any future request for a

revision to any SIP. Each request for a

revision to a SIP shall be considered in

light of specific technical, economical,

and environmental factors and in

relation to relevant statutory and

regulatory requirements.

As previously noted, the EPA

received no adverse public comment on

the proposed action. As a direct result,

the Regional Administrator has

reclassified this action from Table 1 to

Table 3 under the processing procedures

published in the Federal Register on

January 19, 1989 (54 FR 2214), and

revisions to these procedures issued on

October 4, 1993, in an EPA

memorandum entitled ‘‘Changes to State

Implementation Plan (SIP) Tables.’’ The

Office of Management and Budget has

exempted this action from Executive

Order 12866 review.

Under the Regulatory Flexibility Act,

5 U.S.C. 600 et seq., the 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, the 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-forprofit 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 CAA 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, I

certify 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 regulatory

flexibility analysis would constitute

Federal inquiry into the economic

reasonableness of State action. The Act

forbids the EPA to base its actions

concerning SIPs on such grounds

(Union Electric Co. v. U.S. E.P.A., 427

U.S. 246, 256–66).

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide,

Hydrocarbons, Nitrogen dioxide,

Reporting and recordkeeping

requirements, Volatile organic

compounds.

Dated: September 14, 1994.

Michelle D. Jordan,

Acting Regional Administrator.

40 CFR part 52 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 YY—Wisconsin

2. Section 52.2570 is amended by

adding paragraph (c)(78) to read as

follows:

§ 52.2570 Identification of plan.

* * * * *

(c) * * *

(78) On November 15, 1993, the State

of Wisconsin submitted a revision to the

State Implementation Plan (SIP) for the

implementation of a motor vehicle

inspection and maintenance (I/M)

program in the Milwaukee-Racine and

Sheboygan ozone nonattainment areas.

This revision included 1993 Wisconsin

Act 288, enacted on April 13, 1994,

Wisconsin Statutes Sections 110.20,

144.42, and Chapter 341, Wisconsin

Administrative Code Chapter NR 485,

SIP narrative, and the State’s Request for

Proposal (RFP) for implementation of

the program.

(i) Incorporation by reference.

(A) 1993 Wisconsin Act 288, enacted

on April 13, 1994.

(B) Wisconsin Statutes, Sections

110.20, 144.42, and Chapter 341,

effective November 1, 1992.

* * * * *

3. Section 52.2569 is added to read as

follows:

§ 52.2569 Identification of plan-conditional

approval.

(a) Revisions to the plan identified in

§ 52.2570 were submitted on the date

specified.

(1)–(3) (Reserved)

(4) On November 15, 1993, and July

28, 1994, the Wisconsin Department of

Natural Resources (WDNR) submitted

enhanced inspection and maintenance

(I/M) rules and a Request for Proposal

(RFP) as a revision to the State’s ozone

State Implementation Plan (SIP). The

EPA conditionally approved these rules

and RFP based on the State’s

commitment to amend its rules and sign

its final I/M contract to address

deficiencies noted in to the final

conditional approval. These final,

adopted rule amendments and final,

signed contract must be submitted to the

EPA within one year of the EPA’s

conditional approval.

(i) Incorporation by reference.

(A) Wisconsin Administrative Code,

Chapter NR 485, effective July 1, 1993.

(ii) Additional materials.

(A) SIP narrative plan titled

‘‘Wisconsin—Ozone SIP—Supplement

to 1992 Inspection and Maintenance

Program Submittal,’’ submitted to the

EPA on November 15, 1993.

(B) RFP, submitted along with the SIP

narrative on November 15, 1993.

(C) Supplemental materials,

submitted on July 28, 1994, in a letter

to the EPA.

[FR Doc. 95–737 Filed 1–11–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Parts 52 and 81

[ME–5–1–6684; A–1–FRL–5127–1]

Approval and Promulgation of Air

Quality Implementation Plans; Maine;

Presque Isle Attainment Plan

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: The EPA is approving

revisions to the State implementation

plan (SIP) submitted by the State of

Maine to satisfy certain federal

requirements for the Presque Isle

nonattainment area. The purpose of the

federal requirements is to bring about

the attainment of the national ambient

air quality standard (NAAQS) for

particulate matter with an aerodynamic

diameter less than or equal to a nominal

10 micrometers (PM10). In addition,

EPA is modifying the borders of the

Presque Isle nonattainment area to more

closely contain the actual area where

PM10 concentrations approach ambient

standards. EPA also is approving an

update of Maine’s emergency episode

regulation applicable statewide. This

action is being taken under the

Implementation Plans Section of the

Clean Air Act.

EFFECTIVE DATE: This rule will become

effective on February 13, 1995.

ADDRESSES: Copies of the documents

relevant to this action are available for

public inspection by appointment

during normal business hours at the Air,

Pesticides and Toxics Management

Division, U.S. Environmental Protection

Agency, Region I, One Congress Street,

10th floor, Boston, MA 02203; the Air

and Radiation Docket and Information

Center, U.S. Environmental Protection

Agency, 401 M Street, S.W., (LE–131),

Washington, DC 20460; and the Bureau

of Air Quality Control, Department of

Environmental Protection, 71 Hospital

Street, Augusta, ME 04333.
2886 Federal Register / Vol. 60, No. 8 / Thursday, January 12, 1995 / Rules and Regulations

FOR FURTHER INFORMATION CONTACT:

Matthew B. Cairns, (617) 565–4982.

SUPPLEMENTARY INFORMATION: On May

10, 1994 (59 FR 24096–24100), EPA

published a Notice of Proposed

Rulemaking (NPR) for the State of

Maine. The NPR proposed approval of

Presque Isle’s PM10 attainment plan

which Maine submitted as a formal SIP

revision on August 14, 1991. This

submittal also included a request to

modify the borders of the Presque Isle

nonattainment area. In addition, Maine

submitted revisions to the emergency

episode regulations on October 22,

1991. These submittals complete the

attainment plan for Presque Isle by

meeting the applicable requirements—

which were due to EPA by November

15, 1991—to demonstrate attainment of

the PM10 NAAQS by December 31,

1994 and maintenance of that standard

for three years beyond that. These

requirements are outlined in Part D,

Subparts 1 and 4 of the Act and

elaborated upon in EPA’s ‘‘General

Preamble for the Implementation of

Title I of the Clean Air Act’’ [see

generally 57 FR 13498 (April 16, 1992)

and 57 FR 18070 (April 28, 1992)].

Specific requirements and the rationale

for EPA’s proposed action are detailed

and explained in the NPR and will not

be restated here. No public comments

were received on the NPR. Interested

parties should consult the NPR, the

Technical Support Document (TSD)

dated January 2, 1994, or Maine’s

submission for details on the aspects of

the Presque Isle SIP.

Maine’s SIP Revision

The PM10 control measures contained

in the SIP are embodied in Part B of a

memorandum of understanding (MOU)

which the Maine Department of

Environmental Protection (DEP) entered

into on March 11, 1991, with the City

of Presque Isle and the Maine

Department of Transportation. This

MOU is included in Maine’s

submission, will be approved into the

SIP, and therefore becomes enforceable

by EPA. Under the MOU, the city must

use improved (i.e., low entrainment)

antiskid materials on its roads. Between

December 1 and May 1 each year, as a

surrogate for PM10 emission limitations,

the city must also maintain silt loadings

on dry roads below 10 g/m2. Part B lists

the streets where these requirements

apply. DEP or EPA may require Presque

Isle to test antiskid material stockpiles

by methods prescribed in Part B, keep

records, and report records and test

results. Part B also specifies the method

DEP must use to determine compliance

by the city with the silt loading limit.

DEP has also revised its Chapter 109

‘‘Emergency Episode Regulation.’’ The

regulation now contains the PM10 alert,

warning, and emergency levels that

appear in EPA’s ‘‘Example Regulations

for Prevention of Air Pollution

Emergency Episodes’’ (Appendix L to

part 51). The regulation continues to

apply statewide and with its adoption

DEP has met all section 110

requirements that currently apply to the

Presque Isle PM10 nonattainment area.

Lastly, DEP’s submission includes a

request that EPA change the present

borders of the nonattainment area. The

present nonattainment area consists of

township boundaries enclosing 80

square miles. The new area will

comprise a series of streets bounding an

area of roughly 0.6 square miles. EPA

believes it is appropriate because these

new borders more closely contain the

actual area where PM10 concentrations

approach ambient standards.

Final Action

The EPA is approving the plan

revisions submitted to EPA for the

Presque Isle nonattainment area on

August 14, 1991. These revisions

include Part B of a memorandum of

understanding which DEP entered into

on March 11, 1991 with the City of

Presque Isle and the Maine Dept of

Transportation. This MOU imposes

RACM. In addition these revisions to

the SIP include an update to Chapter

109, ‘‘Emergency Episode Regulations,’’

effective and applicable statewide on

September 16, 1991. EPA is also altering

the boundaries of the Presque Isle PM10

nonattainment area, as requested by

DEP, to more closely contain the actual

area where PM10 concentrations

approach ambient standards. Among

other things, the State of Maine has

demonstrated that the Presque Isle

moderate PM10 nonattainment area will

attain the PM10 NAAQS by December

31, 1994 and maintain air quality levels

below the NAAQS at least until January

1, 1998.

As noted in the NPR, contingency

measures for the Presque Isle

nonattainment area were not due to EPA

until November 15, 1993. Maine

submitted this attainment plan to EPA

on August 14, 1991 and contingency

measures were not a part of the

attainment plan. On June 1, 1994, Maine

submitted to EPA a request to

redesignate Presque Isle to attainment;

this redesignation request included the

contingency measures required both of

the initial moderate PM10

nonattainment areas and for

redesignation. EPA is processing this

attainment plan and the recently

submitted redesignation request

(including the contingency measures) in

separate rulemaking notices. EPA will

determine the adequacy of any such

submittal as appropriate and act on

those submittals in separate actions.

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 CAA 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, I

certify 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

CAA, preparation of a regulatory

flexibility analysis would constitute

federal inquiry into the economic

reasonableness of state action. The CAA

forbids EPA to base its actions

concerning SIPs on such grounds.

Union Electric Co. v. USEPA, 427 U.S.

246, 256–66 (S.Ct. 1976); 42 U.S.C. 7410

(a)(2).

This action has been classified as a

Table 3 action 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. A future notice will

inform the general public of these

tables. On January 6, 1989, the Office of

Management and Budget (OMB) waived

Table 2 and Table 3 SIP revisions from

the requirement of section 3 of

Executive Order 12291 for a period of

two years. The U.S. EPA has submitted

a request for a permanent waiver for

Table 2 and Table 3 SIP revisions. The

OMB has agreed to continue the waiver

until such time as it rules on U.S. EPA’s

request. This request continues in effect

under Executive Order 12866 which

superseded Executive Order 12291 on

September 30, 1993.

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
Federal Register / Vol. 60, No. 8 / Thursday, January 12, 1995 / Rules and Regulations 2887

light of specific technical, economic,

and environmental factors and in

relation to relevant statutory and

regulatory requirements.

Under section 307(b)(1) of the Clean

Air Act, petitions for judicial review of

this action must be filed in the United

States Court of Appeals for the

appropriate circuit by March 13, 1995.

Filing a petition for reconsideration by

the Administrator of this final rule does

not affect the finality of this rule for the

purposes of judicial review nor does it

extend the time within which a petition

for judicial review may be filed, and

shall not postpone the effectiveness of

such rule or action. This action may not

be challenged later in proceedings to

enforce its requirements. (See section

307(b)(2).)

List of Subjects

40 CFR Part 52

Environmental protection, Air

pollution control, Incorporation by

reference, Intergovernmental relations,

Particulate matter, Reporting and

recordkeeping requirements.

40 CFR Part 81

Air pollution control, National parks,

Wilderness areas.

Note: Incorporation by reference of the

State Implementation Plan for the State of

Maine was approved by the Director of the

Federal Register on July 1, 1982.

Dated: December 4, 1994.

John P. DeVillars,

Regional Administrator, Region I.

Parts 52 and 81 of chapter I, title 40

of the Code of Federal Regulations are

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 U—Maine

2. Section 52.1020 is amended by

adding paragraph (c)(28) to read as

follows:

§ 52.1020 Identification of plan.

* * * * *

(c) * * *

(28) Revisions to the State

Implementation Plan submitted by the

Maine Department of Environmental

Protection on August 14 and October 22,

1991.

(i) Incorporation by reference.

(A) Letters from the Maine

Department of Environmental Protection

dated August 14 and October 22, 1991

submitting revisions to the Maine State

Implementation Plan.

(B) Revisions to Chapter 109 of the

Maine Department of Environmental

Protection Regulations, ‘‘Emergency

Episode Regulations,’’ effective in the

State of Maine on September 16, 1991.

(C) Part B of the Memorandum of

Understanding which the Maine

Department of Environmental Protection

(DEP) entered into (and effective) on

March 11, 1991, with the City of

Presque Isle, and the Maine Department

of Transportation.

(ii) Additional materials.

(A) An attainment plan and

demonstration which outlines Maine’s

control strategy for attainment of the

PM10 NAAQS and implements and

meets RACM and RACT requirements

for Presque Isle.

(B) Nonregulatory portions of the

submittal.

* * * * *

3. In § 52.1031 table 52.1031 is

amended by adding a new citation to

entry ‘‘109’’ to read as follows:

§ 52.1031 EPA-approved Maine

regulations.

* * * * *

TABLE 52.1031.—EPA-APPROVED RULES AND REGULATIONS

State citation Title/subject Date adopted by state

Date approved by

EPA

Federal Register

citation 52.1020 Comments

* * * * * * *

109 ..................... Emergency Episode Regulation.8/14/91 Jan. 12, 1995 ......... [Insert FR citation from published date].(c)28 ............ Revisions which incorporate the

PM10 alert, warning, and

emergency levels.

* * * * * * *

PART 81—[AMENDED]

1. The authority citation for part 81

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

2. Section 81.320 is amended by

revising the table for ‘‘Maine.—PM10

Nonattainment Areas’’ to read as

follows:

§ 81.320 Maine.

* * * * *

MAINE—PM10 NONATTAINMENT AREAS

Designated area

Designation Classification

Date Type Date Type

Aroostook County:

City of Presque Isle (part) 1. That area bounded by Allen Street from its

intersection with Main Street east to Dudley Street, Dudley Street south

to Cedar Street, Cedar Street west to Main Street, Main Street south to

Kennedy Brook, Kennedy Brook northwest crossing Presque Isle

Stream to Coburn Street, Coburn Street northwest to Mechanic Street,

Mechanic Street west to Judd Street, Judd Street northeast to State

Street, State Street northwest to School Street, School Street northeast

to Park Street, Park Street east to Main Street.

11/15/90 Nonattainment ........ 11/15/90 Moderate.
2888 Federal Register / Vol. 60, No. 8 / Thursday, January 12, 1995 / Rules and Regulations

MAINE—PM10 NONATTAINMENT AREAS—Continued

Designated area

Designation Classification

Date Type Date Type

Rest of State............................. ..................................................................... 11/15/90 Unclassifiable .........

1This definition of the nonattainment area redefines its borders from the entire City of Presque Isle to this area of 0.6 square miles which circumscribe the area of high emission densities and ambient PM10 levels. (January 12, 1995 and FR citation from published date.)

[FR Doc. 95–736 Filed 1–11–95; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF DEFENSE

48 CFR Parts 206 and 237

Defense Federal Acquisition

Regulation Supplement; Personal

Service Contracts

AGENCY: Department of Defense (DoD).

ACTION: Interim rule with request for

public comments.

SUMMARY: The Director of Defense

Procurement is issuing an interim rule

amending the Defense Federal

Acquisition Regulation Supplement

(DFARS) to establish procedures for

contracting for personal services with

individuals for health care services.

DATES: Effective Date: January 5, 1995.

Comment Date: Comments on the

interim rule should be submitted to the

address shown below on or before

March 13, 1995 to be considered in

formulation of a final rule.

ADDRESSES: Interested parties should

submit written comments to: Defense

Acquisition Regulations Council, ATTN:

Ms. Linda S. Holcombe, PDUSD

(A&T)DP(DAR), IMD 3D139, 3062

Defense Pentagon, Washington, DC

20301–3062. Telefax number (703) 602–

0350. Please cite DFARS Case 94–D302

in all correspondence related to this

issue.

FOR FURTHER INFORMATION CONTACT: Ms.

Linda S. Holcombe, (703) 602–0131.

SUPPLEMENTARY INFORMATION:

A. Background

Section 712 of the National Defense

Authorization Act for Fiscal Year 1994

(Public Law 103–160) requires the

Secretary of Defense to establish

procedures for entering into personal

service contracts under 10 U.S.C. 1091

to carry out health care responsibilities

in medical/dental treatment facilities.

Section 704 of the National Defense

Authorization Act for Fiscal Year 1995

(Public Law 103–337) provides

authority for the Secretary of Defense to

enter into personal service contracts

under 10 U.S.C. 1091 to provide the

services of clinical counselors, family

advocacy program staff, and victim’s

services representatives.

B. Regulatory Flexibility Act

The interim rule may have a

significant economic impact on a

substantial number of small entities

within the meaning of the Regulatory

Flexibility Act, 5 U.S.C. 601 et seq.

because it may, to the extent such

authority is exercised by the Secretary

of Defense, reduce competitive

participation by any entities, large or

small, which perform, or are interested

in performing, personal service

contracts under 10 U.S.C. 1091 to carry

out health care responsibilities. Using

these procedures for selecting sources

for health care services, business

entities other than individuals are not

solicited and cannot receive contract

awards. A copy of the Initial Regulatory

Flexibility Analysis has been submitted

to the Chief Counsel for Advocacy of the

Small Business Administration. A copy

of the Initial Regulatory Flexibility

Analysis may be obtained from Ms.

Linda S. Holcombe,

PDUSD(A&T)DP(DAR), IMD 3D139,

3062 Defense Pentagon, Washington, DC

20301–3062. The interim rule applies to

both large and small businesses.

Comments are invited from small

businesses and other interested parties.

Comments from small entities will be

considered in accordance with 5 U.S.C.

610. Such comments must be submitted

separately and cite DFARS Case 94–

D302 in all correspondence.

C. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because the interim rule does

not impose reporting or recordkeeping

requirements which require the

approval of OMB under 44 U.S.C. 3501

et seq.

List of Subjects in 48 CFR Parts 206 and

237

Government procurement.

Claudia L. Naugle,

Deputy Director, Defense Acquisition

Regulations Council.

Therefore, 48 CFR Parts 206 and 237

are amended to read as follows:

1. The authority citation for 48 CFR

Parts 206 and 237 continues to read as

follows:

Authority: 41 U.S.C. 421 and 48 CFR

Chapter 1.

PART 206—COMPETITION

REQUIREMENTS

2. A new subpart 206.1 is added to

read as follows:

Subpart 206.1—Full and Open Competition

Sec.

206.102 Use of competitive procedures.

Subpart 206.1—Full and Open

Competition

206.102 Use of competitive procedures.

(d) Other competitive procedures.

The procedures in 237.104(b)(ii) are

competitive procedures.

PART 237—SERVICE CONTRACTING

3. Section 237.104 is amended by

revising paragraph (b)(ii) to read as

follows:

237.104 Personal services contracts.

(b)(i) * * *

(ii) Personal service contracts for

health care are authorized by 10 U.S.C.

1091.

(A) This authority may be used to

acquire—

(1) Direct health care services

provided in medical treatment facilities;

and

(2) Services of clinical counselors,

family advocacy program staff, and

victim’s services representatives to

members of the Armed Forces and

covered beneficiaries who require such

services, provided in medical treatment

facilities or elsewhere. Persons with

whom a personal services contract may

be entered into under this authority

include clinical social workers,

psychologists, psychiatrists, and other

comparable professionals who have

advanced degrees in counseling or

related academic disciplines and who

meet all requirements for State licensure

and board certification requirements, if

any, within their fields of specialization.

(B) Sources for personal service

contracts with individuals under the

authority of 10 U.S.C. 1091 shall be