18384 Federal Register / Vol. 60, No. 69 / Tuesday, April 11, 1995 / Proposed Rules

support of the commenter’s

recommendations. Comments received

after the time indicated under DATES or

at locations other than the Charleston

Field Office will not necessarily be

considered in OSM’s final decision or

included in the Administrative Record.

B. Public Hearings

Persons wishing to speak at the public

hearing should contact the person listed

under FOR FURTHER INFORMATION

CONTACT by 4:00 p.m., E.D.T. on April

26, 1995. The location and time of the

hearing will be arranged with those

persons requesting the hearing. If no one

requests an opportunity to testify at the

public hearing, the hearing will not be

held.

Filing of a written statement at the

time of the hearing is requested as it

will greatly assist the transcriber.

Submission of written statements in

advance of the hearing will allow OSM

officials to prepare adequate responses

and appropriate questions.

The public hearing will continue on

the specified date until all persons

scheduled to speak have been heard.

Persons in the audience who have not

been scheduled to speak, and who wish

to do so, will be heard following those

who have been scheduled. The hearing

will end after all persons scheduled to

speak and persons present in the

audience who wish to speak have been

heard.

Any disabled individual who has

need for a special accommodation to

attend a public hearing should contact

the individual listed under FOR FURTHER

INFORMATION CONTACT.

C. Public Meeting

If only a few persons request an

opportunity to speak at a hearing, a

public meeting, rather than a public

hearing, may be held. Persons wishing

to meet with OSM representatives to

discuss recommendations on how OSM

and West Virginia should implement

the provisions of section 720(a) of

SMCRA, the implementing Federal

regulations, and/or the counterpart State

provisions, may request a meeting by

contacting the person listed under FOR

FURTHER INFORMATION CONTACT. All such

meetings will be open to the public and,

if possible, notices of meetings will be

posted at the locations listed under

ADDRESSES. A written summary of each

meeting will be made a part of the

Administrative Record.

Dated: April 5, 1995.

Richard J. Seibel,

Acting Assistant Director, Eastern Support

Center.

[FR Doc. 95–8889 Filed 4–10–95; 8:45 am]

BILLING CODE 4310–05–M

DEPARTMENT OF TRANSPORTATION

Saint Lawrence Seaway Development

Corporation

33 CFR Part 402

Tariff of Tolls: Proposed Revision

AGENCY: Saint Lawrence Seaway

Development Corporation, DOT.

ACTION: Notice of Proposed Rulemaking.

SUMMARY: The Saint Lawrence Seaway

Development Corporation and the St.

Lawrence Seaway Authority of Canada

have jointly established and presently

administer the St. Lawrence Seaway

Tariff of Tolls. This Tariff sets forth the

level of tolls assessed on all

commodities and vessels transiting the

facilities operated by the Corporation

and the Authority. To improve the

competitiveness of the Seaway, the

Corporation and the Authority are

proposing that the Tariff charges for the

1995 season under the Tariff Schedule

be the same as for the 1994 season. In

addition, the Corporation and the

Authority are proposing, for competitive

purposes, that the Incentive Tolls

Program be continued and that the

volume rebate be revised to broaden the

base years and clarify the reporting

requirements for the volume rebate.

DATES: Any party wishing to present

views or data on the proposed revision

may file comments with the Corporation

on or before May 11, 1995.

ADDRESSES: Send comments to Marc C.

Owen, Chief Counsel, Saint Lawrence

Seaway Development Corporation, 400

Seventh Street, S.W., Washington, D.C.

20590.

FOR FURTHER INFORMATION CONTACT:

Marc C. Owen, Chief Counsel, Saint

Lawrence Seaway Development

Corporation, 400 Seventh Street, S.W.,

Washington, D.C. 20590, (202) 366–

0091.

SUPPLEMENTARY INFORMATION: In an

effort to improve the Seaway’s

competitiveness, it is proposed to

continue the section 402.8, the Schedule

of Tolls, charges for the 1995 at the 1994

season levels. Accordingly, no change

would be required to the Schedule as it

now appears.

The Corporation and the Authority

also are proposing, for competitive

purposes, that the Incentive Tolls

Program be continued and be revised. In

section 402.9, the discount for new

business, subsection (a) would be

amended to reflect its applicability to

the 1995 navigation season and

subsection (c) would be amended in

part to change the base years for

calculating the discount from 1991

through 1993 to 1992 through 1994. In

section 402.11, volume rebates,

subsection (a) would be amended to

reflect its applicability to the 1995

navigation season and subsections (b)

and (c) would be amended to change the

base years for calculating the rebate

from three years, 1991 through 1993, to

four years, 1991 through 1994. The base

years for the subsection (c) proviso on

mergers or take-overs would also be

changed from 1991 through 1994 to

1991 through 1995. Finally, subsection

(d) would be amended to change the

submission date for the traffic history

description for the purposes of

calculating the rebate to the end of the

1995 season and to clarify what specific

information is required, i.e., the

shipper’s or receiver’s Seaway traffic

history for 1991, 1992, 1993, 1994, and

1995 by port, vessel name, transit date,

commodity description, and tonnage.

Regulatory Evaluation

This proposed regulation involves a

foreign affairs function of the United

States, and therefore, Executive Order

12866 does not apply. This proposed

regulation has also been evaluated

under the Department of

Transportation’s Regulatory Policies and

Procedures and the proposed regulation

is not considered significant under

those procedures and its economic

impact is expected to be so minimal that

a full economic evaluation is not

warranted.

Regulatory Flexibility Act

Determination

The Saint Lawrence Seaway

Development Corporation certifies that

this proposed regulation, if adopted,

would not have a significant economic

impact on a substantial number of small

entities. The Saint Lawrence Seaway

Tariff of Tolls relates to the activities of

commercial users of the Seaway, the

vast majority of whom are foreign vessel

operators. Therefore, any resulting costs

will be borne mostly by foreign vessels.

Environmental Impact

This proposed regulation does not

require an environmental impact

statement under the National

Environmental Policy Act (49 U.S.C.

4321, et seq.) because it is not a major

federal action significantly affecting the

quality of human environment.
Federal Register / Vol. 60, No. 69 / Tuesday, April 11, 1995 / Proposed Rules 18385

Federalism

The Corporation has analyzed this

proposal under the principles and

criteria in Executive Order 12612 and

has determined that this proposal does

not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

List of Subjects in 33 CFR Part 402

Vessels, Waterways.

Accordingly, the Saint Lawrence

Seaway Development Corporation

proposes to amend Part 402—Tariff of

Tolls (33 CFR Part 402) as follows:

PART 402—[AMENDED]

1. The authority citation for 33 CFR

Part 402 continues to read as follows:

Authority: 68 Stat. 93, 33 U.S.C. 981–990.

2. Section 402.9 would be amended

by revising paragraph (a) and the first

sentence of paragraph (c) introductory

text to read as follows:

§ 402.9 Incentive tolls.

(a) Notwithstanding anything

contained in this Tariff, the portion of

the composite toll related to charges per

metric ton of cargo charged on new

business shall be reduced by fifty

percent for a Seaway transit beginning

and ending during the 1995 navigation

year.

* * * * *

(c) For the purposes of this section,

‘‘new business’’ means cargo that has

not moved through a Seaway lock

between an origin and a destination as

defined in this paragraph (c) during the

navigation seasons of 1992, 1993, and

1994 or cargo that has moved through a

Seaway lock in quantities representing

less than five percent of the average of

Seaway traffic between an origin and a

destination during the navigation

seasons of 1992, 1993, and 1994. * * *

* * * * *

5. Section 402.11 would be amended

by revising the first sentence of

paragraph (a) and paragraph (b) through

(d) to read as follows:

§ 402.11 Volume discount.

(a) A volume rebate shall be granted

to a shipper of downbound cargo or to

a receiver of upbound cargo at the end

of the 1995 navigation season after

payment of the full toll specified in the

schedule under the tariff in § 402.8 of

this part if shipments of a particular

commodity during 1995 exceed by a

minimum of 25,000 tons the shipper’s

or receiver’s highest tonnage for that

particular commodity during 1991,

1992, 1993, or 1994 in the Seaway.

* * *

(b) Volume rebates shall be granted

only with respect to commodities whose

shipper and receiver have shipped or

received the subject commodity in the

years 1991, 1992, 1993, and 1994 and

have not been subject of a merger or

take-over during 1991, 1992, 1993, 1994,

or 1995.

(c) The volume rebate shall be equal

to a 50 percent reduction of the portion

of the composite toll related to charges

per metric ton of cargo paid for the

shipments that surpass the shippers or

receiver’s highest tonnage for that

commodity during 1991, 1992, 1993, or

1994. Payment of rebates will be made

directly to the qualified receiver or

shipper.

(d) A description of the shipper’s or

receiver’s Seaway traffic history for

1991, 1992, 1993, 1994, and 1995 by

port, vessel name, transit date,

commodity description, and tonnage

shall be submitted by the shipper or

receiver prior to the end of 1995 and

shall be subject to audit by the

Authority.

* * * * *

Issued at Washington, D.C. on April 4,

1995.

Saint Lawrence Seaway Development

Corporation.

Marc C. Owen,

Chief Counsel.

[FR Doc. 95–8808 Filed 4–10–95; 8:45 am]

BILLING CODE 4910–61–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[PA 20–1–6517, PA 31–1–6009, PA 39–1–

6518, AD–FRL–5187–6]

Proposed Approval and Promulgation

of Air Quality Implementation Plans;

Pennsylvania: Approval of PM–10

Implementation Plan for the Liberty

Borough Area of Allegheny County

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA is proposing to approve

three State Implementation Plan (SIP)

revisions submitted by the

Commonwealth of Pennsylvania for the

purpose of attaining and maintaining

the national ambient air quality

standards (NAAQS) for particulate

matter with an aerodynamic diameter

less than or equal to a nominal 10

micrometers (PM–10) in Allegheny

County. These implementation plans

were submitted by the State to: fulfill

the County’s Group III requirements;

strengthen the Allegheny County SIP;

and satisfy certain federal requirements

for an approvable nonattainment area

PM–10 SIP for the Liberty Borough area

of Allegheny County, Pennsylvania.

This action is being taken under section

110 of the Clean Air Act.

DATES: Comments must be received on

or before May 11, 1995.

ADDRESSES: Comments may be mailed to

Marcia L. Spink, Associate Director, Air,

Radiation, and Toxics Division, U.S.

Environmental Protection Agency,

Region III, 841 Chestnut Building,

Philadelphia, Pennsylvania 19107.

Copies of the documents relevant to this

action are available for public

inspection during normal business

hours at the Air, Radiation, and Toxics

Division, U.S. Environmental Protection

Agency, Region III, 841 Chestnut

Building, Philadelphia, Pennsylvania

19107; the Air and Radiation Docket

and Information Center, U.S.

Environmental Protection Agency, 401

M Street, SW., Washington, DC 20460;

and Allegheny County Health

Department of Air Quality, 301 39th

Street, Pittsburgh, Pennsylvania 15201.

FOR FURTHER INFORMATION CONTACT:

Alan J. Cimorelli, (215) 597–6563.

SUPPLEMENTARY INFORMATION:

Background

On July 1, 1987, EPA promulgated

National Ambient Air Quality Standards

(NAAQS) for PM–10 (52 FR 24634).

These standards replaced those

promulgated for total suspended

particulate (TSP) in 1971. On that day,

EPA also promulgated, in 40 CFR parts

51 and 52, policies and regulations by

which it would implement the PM–10

NAAQS.

Although there was a lack of

extensive PM–10 ambient monitoring

data at the time, EPA evaluated existing

particulate matter data and concluded

that there were some areas where the

PM–10 NAAQS were likely to be

violated, other areas where it could be

presumed that a state’s existing total

suspended particulate regulations were

adequate to provide for attainment, and

other areas in which the attainment

status was uncertain. Recognizing that it

would be unreasonable to require full

attainment demonstrations in all areas,

EPA classified areas of the country as

groups based on the probability that

each area would maintain the PM–10

standard. Group I areas had a greater

than 95 percent probability of

nonattainment, Group II areas had a 20–

95 percent probability of nonattainment

and Group III areas had a less than 20

percent probability of nonattainment.

Through this process, EPA identified all