Federal Register / Vol. 60, No. 76 / Thursday, April 20, 1995 / Rules and Regulations 19673

Dated: April 14, 1995.

Tim L. Dieringer,

Acting Assistant Director, Eastern Support

Center.

For the reasons set out in the

preamble, Title 30, Chapter VII,

Subchapter T of the Code of Federal

Regulations is amended as set forth

below:

PART 914—INDIANA

1. The authority citation for Part 914

continues to read as follows:

Authority: 30 U.S.C. 1201 et seq.

2. In § 914.15, paragraph (iii) is added

to read as follows:

§ 914.15 Approval of regulatory program

amendments.

* * * * *

(iii) The following amendment to the

Indiana program concerning

underground mine subsidence as

submitted to OSM on March 18, 1994,

is approved, except as noted herein,

effective April 20, 1995: 310 IAC 12–3–

87.1(c)(2) concerning subsidence control

plan, to the extent that IC 13–4.1–9–2.5

meets the requirements of SMCRA

section 720 from June 30, 1994. The

Director is deferring decision on the

enforcement of the provisions of

SMCRA section 720 during the period

from the effective date of SMCRA

section 720 (October 24, 1992) to the

effective date of IC 13–4.1–9–2.5 (June

30, 1994); 310 IAC 12–3–87.1(c)(7)

concerning subsidence control plan; 310

IAC 12–5–130.1(c)(2) concerning

subsidence control plan, general

requirements, to the extent that IC 13–

4.1–9–2.5 meets the requirements of

SMCRA section 720 from June 30, 1994.

The Director is deferring decision on the

enforcement of the provisions of

SMCRA section 720 during the period

from the effective date of SMCRA

section 720 (October 24, 1992) to the

effective date of IC 13–4.1–9–2.5 (June

30, 1994); 310 IAC 12–5–130.1(g)

concerning suspension of underground

mining; 310 IAC 12–5–130.1(h)

concerning detailed report of

underground workings; the repeal of

310 IAC 12–3–87, 310 IAC 12–5–130,

and 310 IAC 12–5–131; decision on the

repeal of 310 IAC 12–5–132 is deferred.

[FR Doc. 95–9775 Filed 4–19–95; 8:45 am]

BILLING CODE 4310–05–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[CA 144–3–6972b; FRL–5194–2]

Approval and Promulgation of

Implementation Plans; California State

Implementation Plan Revision; Interim

Final Determination That State has

Corrected Deficiencies

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Interim final determination.

SUMMARY: Elsewhere in today’s Federal

Register EPA has published a proposed

rulemaking fully approving revisions to

the California State Implementation

Plan. The revisions concern South Coast

Air Quality Management District Rule

1164—Semiconductor Manufacturing.

The proposed rulemaking provides the

public with an opportunity to comment

on EPA’s action approving Rule 1164.

Based on the proposed approval, EPA is

making an interim final determination

by this action that the State has

corrected the deficiencies for which a

sanctions clock was activated on

September 29, 1993. This action will

defer the application of the offset

sanction and defer the application of the

highway sanction. Although this action

is effective upon publication, EPA will

take comment. If comments are received

on EPA’s proposed approval and this

interim final action, EPA will publish a

final notice taking into consideration

any comments received.

DATES: This interim final determination

is effective on April 20, 1995.

Comments must be received by May

22, 1995.

ADDRESSES: Comments should be sent

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.

The state submittal and EPA’s

analysis for that submittal, which are

the basis for this action, are available for

public review at the above address and

at the following locations:

Environmental Protection Agency, Air

Docket 6102, 401 ‘‘M’’ Street, S.W.,

Washington 20460.

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:

Helen Liu, Rulemaking Section (A–5–3),

Air and Toxics Division, U.S.

Environmental Protection Agency,

Region IX, 75 Hawthorne Street, San

Francisco, CA 94105. Telephone: (415)

744–1199.

SUPPLEMENTARY INFORMATION:

I. Background

On May 13, 1991, the State submitted

South Coast Air Quality Management

(SCAQMD) Rule 1164—Semiconductor

Manufacturing, for which EPA

published a limited disapproval in the

Federal Register on September 29, 1993

[58 FR 50850]. EPA’s limited

disapproval action started an 18-month

clock for the application of one sanction

(followed by a second sanction 6

months later) under section 179 of the

Clean Air Act (CAA) and a 24-month

clock for promulgation of a Federal

Implementation Plan (FIP) under

section 110(c) of the CAA. The State

subsequently submitted a revised rule

on February 24, 1995. The revised rule

was adopted by the SCAQMD on

January 13, 1995. In the Proposed Rules

section of today’s Federal Register, EPA

has proposed full approval of the State’s

submittal of SCAQMD Rule 1164—

Semiconductor Manufacturing.

Based on the proposed approval set

forth in today’s Federal Register, EPA

believes that it is more likely than not

that the State has corrected the original

disapproval deficiencies. Therefore,

EPA is taking this final rulemaking

action, effective on publication, finding

that the State has corrected the

deficiency. However, EPA is also

providing the public with an

opportunity to comment on this final

action. If, based on any comments on

this action and any comments on EPA’s

proposed approval of the State’s

submittal, EPA determines that the

State’s submittal is not fully approvable

and this final action was inappropriate,

EPA will either propose or take final

action finding that the State has not

corrected the original disapproval

deficiency. As appropriate, EPA will

also issue an interim final determination

or a final determination that the

deficiency has not been corrected. Until

EPA takes such an action, the

application of sanctions will continue to

be deferred.

This action does not stop the

sanctions clock that started for this area

on September 29, 1993. However, this

action will defer the application of the

offsets sanction and will defer the

application of the highway sanction. See

59 FR 39832 (Aug. 4, 1994). If EPA’s

proposal fully approving the State’s

submittal becomes final, such action

will permanently stop the sanctions
19674 Federal Register / Vol. 60, No. 76 / Thursday, April 20, 1995 / Rules and Regulations

1As previously noted, however, by this action

EPA is providing the public with a chance to

comment on EPA’s determination after the effective

date and EPA will consider any comments received

in determining whether to reverse such action.

clock and will permanently lift any

applied, stayed or deferred sanctions. If

EPA receives adverse comments and

subsequently determines that the State,

in fact, did not correct the disapproval

deficiency, the sanctions consequences

described in the sanctions rule will

apply. See 59 FR 39832, to be codified

at 40 CFR 52.31.

II. EPA Action

EPA is taking interim final action

finding that the State has corrected the

disapproval deficiencies that started the

sanctions clock. Based on this action,

application of the offset sanction will be

deferred and application of the highway

sanction will be deferred until EPA

takes final rulemaking action fully

approving the State’s submittal or until

EPA takes action proposing or

disapproving in whole or part the State

submittal. If EPA’s proposed rulemaking

action fully approving the State

submittal becomes final, at that time any

sanctions clocks will be permanently

stopped and any applied, stayed or

deferred sanctions will be permanently

lifted.

Because EPA has preliminarily

determined that the State has corrected

the deficiencies identified in EPA’s

limited disapproval action, relief from

sanctions should be provided as quickly

as possible. Therefore, EPA is invoking

the good cause exception under the

Administrative Procedure Act (APA) in

not providing an opportunity for

comment before this action takes effect.1

5 U.S.C. 553(b)(B). EPA believes that

notice-and-comment rulemaking before

the effective date of this action is

impracticable and contrary to the public

interest. EPA has reviewed the State’s

submittal and, through its proposed

action, is indicating that it is more likely

than not that the State has corrected the

deficiencies that started the sanctions

clock. Therefore, it is not in the public

interest to initially impose sanctions or

to keep applied sanctions in place when

the State has most likely done all that

it can to correct the deficiencies that

triggered the sanctions clock. Moreover,

it would be impracticable to go through

notice-and-comment rulemaking on a

finding that the State has corrected the

deficiencies prior to the rulemaking

approving the State’s submittal.

Therefore, EPA believes that it is

necessary to use the interim final

rulemaking process to temporarily defer

sanctions while EPA completes its

rulemaking process on the approvability

of the State’s submittal. Moreover, with

respect to the effective date of this

action, EPA is invoking the good cause

exception to the 30-day notice

requirement of the APA because the

purpose of this notice is to relieve a

restriction. See 5 U.S.C. 553(d)(1).

III. Regulatory Process

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.

sections 603 and 604. Alternatively,

EPA may certify that the rule will not

have a significant economic 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.

This action temporarily relieves

sources of an additional burden

potentially placed on them by the

sanctions provisions of the CAA.

Therefore, I certify that it does not have

an impact on any small entities.

The Office of Management and Budget

(OMB) has exempted this action from

review under Executive Order 12866.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Hydrocarbons,

Intergovernmental regulations,

Reporting and recordkeeping, Ozone,

Volatile organic compounds.

Authority: 42 U.S.C. 7401–7671q.

Dated: April 11, 1995.

Felicia Marcus,

Regional Administrator.

[FR Doc. 95–9708 Filed 4–19–95; 8:45 am]

BILLING CODE 6560–50–W

GENERAL SERVICES

ADMINISTRATION

41 CFR Part 101–26

[FPMR Amendment E–276]

RIN 3090–AF09

Removing Federal Supply Service

Schedule Ordering Instructions

AGENCY: Federal Supply Service, GSA.

ACTION: Final rule.

SUMMARY: This rule amends the Federal

Property Management Regulations

(FPMR) to remove Federal Supply

Service (FSS) schedule ordering

instructions. Over time, these

instructions have become obsolete.

Hence, it is no longer necessary to retain

these instructions in the FPMR.

Removing these instructions from the

FPMR will carry out the principles of

the National Performance Review by

unburdening all Federal agencies from

unnecessary regulations.

EFFECTIVE DATE: April 20, 1995.

FOR FURTHER INFORMATION CONTACT:

Nicholas Economou, FSS Acquisition

Management Center (703–305–6936).

SUPPLEMENTARY INFORMATION: The

General Services Administration (GSA)

has determined that this rule is not a

significant regulatory action for the

purposes of Executive Order 12866.

GSA published a proposed rule to

amend the FPMR to remove FSS

schedule ordering instructions on

February 23, 1994 [59 FR 8587].

Comments were received from three

organizations and one executive

department. All comments were

considered, and no revisions to the rule

were made.

Two of the four respondents were

pleased with the proposed change, and

felt that it was consistent with the

National Performance Review (NPR).

The other two respondents expressed

concerns regarding the transformation of

existing regulations governing FSS

schedule ordering into ‘‘guiding

principles.’’ However, this rule only

removes Federal Supply Schedule

ordering instructions that are obsolete

and no longer necessary. GSA has

already streamlined the Federal Supply

Schedule ordering procedures in FAR

Part 8.

Regulatory Flexibility Act

This final rule is not required to be

published in the Federal Register for

notice and comment. Therefore, the

Regulatory Flexibility Act does not

apply.

List of Subjects in 41 CFR Part 101–26

Government property management.

For the reasons set forth in the

preamble, 41 CFR Part 101–26 is

amended as follows:

PART 101–26—PROCUREMENT

SOURCES AND PROGRAMS

1. The authority citation for Part 101–

26 continues to read as follows:

Authority: Sec. 205(c), 63 Stat. 390; 40

U.S.C. 486(c).

Subpart 101–26.5—GSA Procurement

Programs

2. Section 101–26.406–7 is

redesignated as § 101–26.502 and

revised to read as follows:

§ 101–26.502 U.S. Government National

Credit Card.

A waiver has been issued by the

Government Printing Office to GSA for