21080 Federal Register / Vol. 61, No. 91 / Thursday, May 9, 1996 / Rules and Regulations

Processes Use Reference or limitation

* * * * * * *

Reverse osmosis 1 ............ To reduce the ethyl alcohol content of

wine and to remove off flavors in

wine,.

Permeable membranes which are selective for molecules not greater than

500 molecular weight with transmembrane pressures of 200 psi and

greater. The addition of water other than that originally present prior to

processing will render standard wine ‘‘other than standard.’’ Use shall not

alter vinous character.

Spinning cone column 1 .... To reduce the ethyl alcohol content of

wine and to remove off flavors in

wine,.

Use shall not alter vinous character. For standard wine, the same amount

of essense must be added back to any lot of wine as was originally removed.

* * * * * * *

Ultrafiltration ..................... To remove proteinaceous material

from wine; to reduce harsh tannic

material from white wine produced

from white skinned grapes; to remove pink color from blanc de noir

wine; to separate red wine into low

color and high color wine fractions

for blending purposes.

Permeable membranes which are selective for molecules greater than 500

and less than 25,000 molecular weight with transmembrane pressures

less than 200 psi. Use shall not alter vinous character. 21 CFR 175.300,

177.1520, 177.1550, 177.1630, 177.2440, 177.2600, and 177.2910.

1This process must be done on distilled spirits plant premises. However, reverse osmosis, under certain limited conditions, may be used on

bonded winery premises if ethyl alcohol is only temporarily created within a closed system.

(Sec. 201, Pub. L. 85–859, 72 Stat. 1383, as

amended (26 U.S.C. 5381, 5382, 5385, 5386,

and 5387)).

Signed: March 11, 1996.

Bradley A. Buckles,

Acting Director.

Approved: April 1, 1996.

John P. Simpson,

Deputy Assistant Secretary (Regulatory, Tariff

and Trade Enforcement).

[FR Doc. 96–11611 Filed 5–8–96; 8:45 am]

BILLING CODE 4810–31–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 60

[FRL–5502–4]

Standards of Performance for New

Stationary Sources; Supplemental

Delegation of Authority to Mississippi

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Delegation of authority.

SUMMARY: On March 7, 1996, the state of

Mississippi, through the Department of

Environmental Quality, requested that

EPA delegate authority for

implementation and enforcement of

eight (8) ammended categories of the

New Source Performance Standards

(NSPS). Since EPA’s review of

Mississippi’s pertinent laws, rules, and

regulations showed them to be adequate

and effective procedures for the

implementation and enforcement of

these Federal standards, EPA has made

the delegation as requested.

EFFECTIVE DATE: The effective date of the

delegation of authority is April 15, 1996.

ADDRESSES: Copies of the request for

delegation of authority and EPA’s letter

of delegation are available for public

inspection during normal business

hours at the following locations:

Environmental Protection Agency,

Region 4, Air Programs Branch, 345

Courtland Street, Atlanta, Georgia

30365

Mississippi Department of

Environmental Quality, Bureau of

Pollution Control, Air Quality

Division, P.O. Box 10385, Jackson,

Mississippi 39289–0385.

Effective immediately, all requests,

applications, reports and other

correspondence required pursuant to

the newly delegated standards should

not be submitted to the Region 4 office,

but should instead be submitted to the

following address: Office of Pollution

Control, Mississippi Department of

Environmental Quality, P.O. Box 10385,

Jackson, Mississippi 39289–0385.

FOR FURTHER INFORMATION CONTACT:

Scott M. Martin, Regulatory Planning

and Development Section, Air Programs

Branch, United States Environmental

Protection Agency, Region 4, 345

Courtland Street N.E., Atlanta, Georgia

30365, (404) 347–3555, x4216.

SUPPLEMENTARY INFORMATION: Section

301, in conjunction with Sections 110

and 111(c)(1) of the Clean Air Act as

amended November 15, 1990,

authorizes EPA to delegate authority to

implement and enforce the standards set

out in 40 CFR Part 60, (NSPS).

On November 10, 1981, EPA initially

delegated the authority for

implementation and enforcement of the

NSPS programs to the state of

Mississippi. On March 7, 1996,

Mississippi requested a delegation of

authority for implementation and

enforcement of the following NSPS

categories found in 40 CFR Part 60.

1. Subpart A—General Provisions

Except § 60.8(b) (1) Thru (5); § 60.11(e)

(7) and (8); § 60.13(g) (i) and (j)(2)

2. Subpart Cb—Municipal Waste

Combustors Constructed On or before

December 19, 1995

3. Subpart Cd—Sulfuric Acid

Production Units

4. Subpart Ea—Municipal Waste

Combustors Constructed After

December 20, 1989 and On or Before

September 20, 1994

5. Subpart Eb—Municipal Waste

Combustors For Which Construction is

Commenced After September 20, 1994

6. Subpart NNN—Volatile Organic

Compound (VOC) Emissions From

Synthetic Organic Chemical

Manufacturing Industry (SOCMI)

Distillation Operations

7. Subpart RRR—Volatile Organic

Compound (VOC) Emissions From

Synthetic Organic Chemical

Manufacturing Industry (SOCMI)

Reactor Process

8. Appendix A—Test Methods

After a thorough review of the

request, the Regional Administrator

determined that such a delegation was

appropriate for this source category with

the conditions set forth in the original

delegation letter of November 30, 1981.

Mississippi sources subject to the
Federal Register / Vol. 61, No. 91 / Thursday, May 9, 1996 / Rules and Regulations 21081

requirements of this subpart will now be

under the jurisdiction of Mississippi.

Since review of the pertinent

Mississippi laws, rules, and regulations

showed them to be adequate for the

implementation and enforcement of the

aforementioned category of NSPS, the

EPA hereby notifies the public that it

has delegated the authority for the

source category listed above on October

30, 1995. The Office of Management and

Budget has exempted this rule from the

requirements of section 6 of Executive

Order 12866.

Authority: This notice is issued under the

authority of sections 101, 111, and 301 of the

Clean Air Act, as Amended (42 U.S.C. 7401,

7411, and 7601).

Dated: April 24, 1996.

A. Stanley Meiburg,

Acting Regional Administrator.

[FR Doc. 96–11478 Filed 5–8–96; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

46 CFR Parts 403 and 404

[OST Docket No. 50248]

RIN 2105–AC21

Great Lakes Pilotage Rate

Methodology

AGENCY: Office of the Secretary, DOT.

ACTION: Final rule.

SUMMARY: The Department of

Transportation (the Department) is

responding to comments to a final rule

published April 11, 1995, establishing

new procedures and methodology for

determining Great Lakes pilotage rates

and making corresponding changes to

the financial reporting requirements

required of Great Lakes pilot

associations. Based on these comments,

the Department has made minor

changes to the rule. This final rule does

not change the existing Great Lakes

pilotage rates and charges.

EFFECTIVE DATE: This rule is effective on

June 10, 1996.

ADDRESSES: Unless otherwise indicated,

documents referred to in this preamble

are available for inspection or copying

at the office of the Docket Clerk, OST

Docket No. 50248, U.S. Department of

Transportation, 400 7th St. SW., room

PL–401, Washington, DC 20590 from 9

a.m. to 5:30 p.m., Monday through

Friday.

FOR FURTHER INFORMATION CONTACT:

Scott A. Poyer, Project Manager, St.

Lawrence Seaway Development

Corporation, 400 Seventh St. SW, Room

5421, Washington, DC 20590, 1–800–

785–2779, or Steven B. Farbman, Office

of the Assistant General Counsel for

Regulation and Enforcement, 400 7th St.

SW., room 10424, Washington, DC

20590, (202) 366–9306.

SUPPLEMENTARY INFORMATION:

Regulatory History

On December 7, 1988, the Department

of Transportation published the Great

Lakes Pilotage Study Final Report (1988

DOT Pilotage Study). The study

revealed weaknesses in accounting for

the expenses incurred by the pilot

associations and the need to formally

establish the factors used in establishing

pilotage rates. On April 25, 1990, the

Coast Guard published a final rule (55

FR 17580) establishing improved audit

requirements and general guidelines

and procedures to be followed in

ratemaking (CGD 92–072).

In May 1990, the Inspector General

(IG) for the Department of

Transportation initiated an audit of

Coast Guard oversight of Great Lakes

pilotage. The final report of the audit

(Audit of the U.S. Coast Guard’s

Oversight and Management of the Great

Lakes Pilotage Program), detailing

further issues affecting the basis for

Great Lakes pilotage rates, was issued

on December 14, 1990.

On August 2, 1991, a DOT Task Force

was formed to: (1) Develop an interim

rate adjustment; and (2) establish a new

pilotage ratemaking methodology. On

June 5, 1992, an interim rate increase

was published (CGD 89–104). The DOT

Task Force then developed a new

pilotage ratemaking methodology,

which the Coast Guard published in a

notice of proposed rulemaking (NPRM)

(59 FR 17303) dated April 12, 1994.

THE NPRM proposed to amend the

Great Lakes pilotage regulations by

establishing new procedures for

determining Great Lakes pilotage rates

and revising the financial reporting

requirements mandated for Great Lakes

pilot associations (CGD 92–072). The

NPRM also announced a public hearing

which was held in Cleveland, OH on

May 20, 1994. The comment period for

the NPRM ended on July 11, 1994.

In response to the NPRM and the

public hearing, the Coast Guard

received 31 comments and two requests

for additional public meetings to

explain the proposals contained in the

NPRM. In the Federal Register (59 FR

18774) on April 20, 1994, the Coast

Guard announced that it would conduct

two public meetings. The first public

meeting was held in Chicago, IL on May

3, 1994. The second public meeting was

held in Massena, NY on May 5, 1994.

The Coast Guard also received one

request to extend the comment period

for the NPRM. Because the comment

period for the NPRM was 90 days, the

Coast Guard and the Department

determined that there was sufficient

time to submit comments. Therefore, the

comment period was not extended.

On April 11, 1995, the Department

published a final rule with request for

comments (60 FR 18366) (1995 final

rule) establishing improved procedures

for determining Great Lakes pilotage

rates, and revised financial reporting

requirements mandated for Great Lakes

pilot associations. The comment period

ended on May 11, 1995. Although the

Coast Guard issued the NPRM under

authority delegated to the Commandant

by the Secretary, the Secretary issued

the 1995 final rule. On December 11,

1995, the Secretary transferred authority

to administer the Great Lakes Pilotage

Act of 1960 (Public Law 86–555, 46

U.S.C. 9301 et seq.) (the Act) to the

Administrator of the SLSDC.

Nevertheless, the Secretary is issuing

this final rule. Under 49 CFR 1.43(a), the

Secretary may exercise powers and

duties delegated or assigned to officials

other than the Secretary.

Several commenters requested that

the comment period for the rulemaking

be extended. Because all late-filed

comments were considered, and

because this rulemaking has already

been the subject of extensive public

comment, the Department determined

that there was sufficient time to submit

comments regarding this 1995 final rule.

Therefore, the comment period was not

extended.

Background and Purpose

Under the Act, vessels of the United

States operating on register and foreign

vessels must engage a U.S. or Canadian

registered pilot when traversing the

waters of the Great Lakes. The Act vests

the Secretary of Transportation with

responsibility for setting pilotage rates.

Section 9303(f) of the Act provides that

the Secretary shall prescribe by

regulation rates and charges for pilotage

services, giving consideration to the

public interest and the costs of

providing the services.

Currently, the navigable waters of the

great Lakes are divided into eight

pilotage areas. United States registered

pilots, along with their Canadian

counterparts, provide pilotage services

in areas 1, 2, 4, 5, 6, 7, and 8. Pilotage

area 3 (the Welland Canal) is currently

a wholly-Canadian area where only

Canadian pilots provide services.

Pilotage areas 2, 4, 6, and 8 are