Federal Register / Vol. 60, No. 76 / Thursday, April 20, 1995 / Proposed Rules 19699

on a determination of whether the

submittal meets the requirements of

Title IV of SMCRA (30 U.S.C. 1231–

1243) and 30 CFR Parts 884 and 888.

National Environmental Policy Act

No environmental impact statement is

required for this rule since agency

decisions on proposed State or Tribal

abandoned mine land reclamation plans

and revisions thereof are categorically

excluded from compliance with the

National Environmental Policy Act (42

U.S.C. 4332) by the Manual of the

Department of the Interior (516 DM 6,

appendix 8, paragraph 8.4B(29)).

Paperwork Reduction Act

This rule does not contain

information collection requirements that

require approval by OMB under the

Paperwork Reduction Act (44 U.S.C.

3507 et seq.).

Regulatory Flexibility Act

The Department of the Interior has

determined that this rule will not have

a significant economic impact on a

substantial number of small entities

under the Regulatory Flexibility Act (5

U.S.C. 601 et seq.). The submittal which

is the subject of this rule is based upon

corresponding Federal regulations for

which an economic analysis was

prepared and certification made that

such regulations would not have a

significant economic effect upon a

substantial number of small entities.

Accordingly, this rule will ensure that

existing requirements previously

promulgated by OSM will be

implemented. In making the

determination as to whether this rule

would have a significant economic

impact, the Department relied upon the

data and assumptions in the analyses for

the corresponding Federal regulations.

List of Subjects in 30 CFR Part 913

Intergovernmental relations, Surface

mining, Underground mining.

Dated: April 14, 1995.

Tim L. Dieringer,

Acting Assistant Director, Eastern Support

Center.

[FR Doc. 95–9773 Filed 4–19–95; 8:45 am]

BILLING CODE 4310–05–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 164

[CGD 93–022]

RIN 2115–AE41

Automated Dependent Surveillance

Shipborne Equipment: Incorporation

by Reference

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes to

amend the incorporation by reference

provisions or the Automated Dependent

Surveillance (ADS) Shipborne

Equipment. Due to the development of

new Differential Global Positioning

System (DGPS) standards, the existing

standard incorporated by reference,

Radio Technical Commission for

Maritime Services’ (RTCM)

Recommended Standards for

Differential NAVSTAR GPS Service,

Version 2.0 contained in 33 CFR 164.03,

has been superseded by new standards

contained in Version 2.1. The Coast

Guard proposes to replace Version 2.0

by incorporating the new standards

contained in Version 2.1.

Additionally, Digital Selective Calling

(DSC) standards for use with Vessel

Traffic Services (VTS) and Maritime

Mobile Services have recently been

developed by the International

Telecommunication Union

Radiocommunication Bureau (ITU–R)

and are also being proposed as a new

incorporation by reference.

The new DGPS standards will ensure

that ADS is compatible with the Coast

Guard national DGPS network. The

standards will also provide additional

user safety information such as

differential station health indicators.

The new DSC standards will ensure

that the Automated Dependent

Surveillance Shipborne Equipment

(ADSSE), built by various

manufacturers, will provide the same

message in an internationally accepted

format.

DATES: Comments must be received on

or before June 19, 1995.

ADDRESSES: Comments may be mailed to

the Executive Secretary, Marine Safety

Council (G–LRA/3406) (CGD 93–022),

U.S. Coast Guard Headquarters, 2100

Second Street SW., Washington, DC

20593–0001, or may be delivered to

Room 3406 at the same address between

8 a.m. and 3 p.m., Monday through

Friday, except Federal holidays. The

telephone number is (202) 267–1477.

The Executive Secretary maintains the

public docket for this rulemaking.

Comments will become part of this

docket and will be available for

inspection or copying at room 3406,

U.S. Coast Guard Headquarters, between

8 a.m. and 3 p.m., Monday through

Friday, except Federal holidays.

A copy of the material proposed for

‘‘Incorporation by Reference’’ is

available for inspection at Room 1409,

U.S. Coast Guard Headquarters. It may

also be obtained from the sources listed

in the proposed rule.

FOR FURTHER INFORMATION CONTACT:

Irene Hoffman, Project Manager, Vessel

Traffic Services Division. The telephone

number is 202–267–6277.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages

interested persons to participate in this

rulemaking by submitting written data,

views, or arguments. Persons submitting

comments should include their names

and addresses, identify this rulemaking

(CGD 93–022) and the specific section of

this proposal to which each comment

applies, and give the reason for each

comment. Please submit two copies of

all comments and attachments in an

unbound format, no larger than 81⁄2 by

11 inches, suitable for copying and

electronic filing. Persons wanting

acknowledgment of receipt of comments

should enclose stamped, self-addressed

postcards or envelopes.

The Coast Guard will consider all

comments received during the comment

period. It may change this proposal in

view of the comments.

The Coast Guard plans no public

hearing. Persons may request a public

hearing by writing to the Marine Safety

Council at the address under

ADDRESSES. The request should include

reasons why a hearing would be

beneficial. If it determines that the

opportunity for oral presentations will

aid this rulemaking, the Coast Guard

will hold a public hearing at a time and

place announced by a later notice in the

Federal Register.

Drafting Information

The principal persons involved in

drafting this document are Irene

Hoffman, Project Manager, Vessel

Traffic Services Division and Nicholas

Grasselli, Project Counsel, Office of

Chief Counsel.

Background and Purpose

Section 5004 of the Oil Pollution Act

of 1990, as codified in 33 U.S.C. 2374,

directed the Coast Guard to acquire,

install, and operate additional

equipment, as necessary, to provide

surveillance of tank vessels carrying oil
19700 Federal Register / Vol. 60, No. 76 / Thursday, April 20, 1995 / Proposed Rules

from the Trans-Alaskan Pipeline

through Prince William Sound.

While endeavoring to meet the

requirements of the Act, the Coast

Guard investigated various types of

surveillance systems, including radar

and dependent surveillance systems.

The Coast Guard determined an ADS

system that uses DGPS would meet the

Coast Guard’s requirements without

being cost prohibitive to the

Government and the user. The

shipboard portion of the system,

ADSSE, includes a 12 channel all-inview DGPS receiver, a marine

radiobeacon band receiver capable of

receiving DGPS error correction

messages, a VHF/FM transceiver using

DSC, and a control unit.

On July 17, 1992, the Coast Guard

published a final rule, Prince William

Sound Automated Dependent

Surveillance System, in the Federal

Register (57 FR 31660). This final rule

amended the Prince William Sound

VTS regulations by incorporating the

use of ADS using DGPS. The regulation

requires tank vessels of 20,000 DWT or

more, transiting Prince William Sound,

to carry operating ADSSE.

Since the publication of this

regulation, the Coast Guard has

determined that the use of ADS may

expand beyond Prince William Sound.

In order to facilitate future expansion

into other areas of the U.S., the final

rule amending the National VTS

Regulations (59 FR 36316), divided the

Prince William Sound Automated

Dependent Surveillance System rule

into two sections: (a) A navigation

equipment rule (§ 164.43); and (b) a

vessel operating rule for Prince William

Sound (§ 165.1704). VTS Reporting

Exemptions for vessels equipped with

an operating ADSSE are set forth in

§ 161.23(c). The ‘‘Incorporation by

Reference’’ section (§ 161.109)

associated with this rule has been

redesignated as § 164.03(b)(2).

Discussion of Proposed Rules

Due to the development of new DGPS

standards, the existing standard

incorporated by reference, RTCM

Recommended Standards for

Differential NAVSTAR GPS Service,

Version 2.0 RTCM Paper 134–89/SC

104–68 incorporated in 33 CFR 164.03,

has been superseded. Differential

NAVSTAR GPS Service, Version 2.0

will be replaced with the new

standards, RTCM Recommended

Standards for Differential NAVSTAR

GPS Service, Version 2.1 RTCM Paper

194–93/SC 104–STD, which have been

developed with industry input and

approved by RTCM.

Additionally, DSC standards for use

with VTS and Maritime Mobile Service,

Optional Expansion of the DSC System

for use in the Maritime Mobile Service,

ITU–R Recommendation 821 and

Characteristics of a Transponder System

using DSC Techniques for use with VTS

and Ship-to-Ship Identification, ITU–R

Recommendation 825, have been

developed by the ITU–R with industry

input and will also be incorporated by

reference.

Incorporation by Reference

The proposed material would be

incorporated by reference in § 164.03.

Copies of the material are available for

inspection where indicated under

ADDRESSES. Copies of the material are

also available from the sources listed in

§ 164.03.

Before publishing a final rule, the

Coast Guard will submit this material to

the Director of the Federal Register for

approval of the incorporation by

reference.

Regulatory Evaluation

This proposal is not a significant

regulatory action under section 3(f) of

Executive Order 12866 and does not

require an assessment of potential costs

and benefits under section 6(a)(3) of that

order. It has not been reviewed by the

Office of Management and Budget under

that order. It is not significant under the

regulatory policies and procedures of

the Department of Transportation (DOT)

(44 FR 11040; February 26, 1979).

The Coast Guard expects the

economic impact of this proposal to be

so minimal that a full Regulatory

Evaluation under paragraph 10e of the

regulatory policies and procedures of

DOT is unnecessary. The upgrade of

DGPS receivers from Version 2.0 RTCM

Paper 134–89/SC 104–68, to Version 2.1

RTCM Paper 194–93/SC 104–STD

requires only a firmware upgrade. At

least one manufacturer has indicated

that this upgrade is available at no cost

to the user. Additionally, recent

indications are that the cost to initially

outfit tank vessels with DGPS

equipment may be less than the original

estimate of $50,000 per vessel. A more

reasonable estimate now would be

approximately $15,000 per vessel. The

cost is expected to drop further as

dependent surveillance is implemented

in other U.S. ports and worldwide.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guard

must consider whether this proposal, if

adopted, will have a significant

economic impact on a substantial

number of small entities. ‘‘Small

entities’’ may include: (1) Small

businesses and not-for-profit

organizations that are independently

owned and operated and are not

dominant in their fields; and (2)

governmental jurisdictions with

populations of less than 50,000. This

regulation will only affect owners and

operators of tank vessels of 20,000 or

more DWT operating in Prince William

Sound and carrying oil from the TransAlaska Pipeline. The construction and

operating costs of vessels of this size is

such that their owners tend to be major

corporations or subsidiaries of major

corporations. Business entities with the

capital and operating costs of this

magnitude do not meet the definition of

‘‘small entities.’’

Because it expects the impact of this

proposal to be minimal, the Coast Guard

certifies under 5 U.S.C. 605(b) that this

proposal, if adopted, will not have a

significant economic impact on a

substantial number of small entities.

Collection of Information

This proposal contains no collection

of information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Federalism

The Coast Guard has analyzed this

proposal under the principles and

criteria contained in Executive Order

12612 and has determined that this

proposal does not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

Environment

The Coast Guard considered the

environmental impact of this proposal

and concluded that under section 2.B.2

of Commandant Instruction M16475.1B,

this proposal is categorically excluded

from further environmental

documentation.

This rulemaking is intended to

improve accuracy and reliability of

vessel tracking equipment. It may

benefit the environment by reducing the

potential for catastrophic oil spills

which may result from tank vessels

involved in groundings, rammings, or

collisions. While this rulemaking may

have a positive effect on the

environment by minimizing the risk of

environmental harm resulting from

collisions and groundings, the impact is

not expected to be significant enough to

warrant further documentation. A

‘‘Categorical Exclusion Determination’’

is available in the docket for inspection

or copying where indicated under

ADDRESSES.
Federal Register / Vol. 60, No. 76 / Thursday, April 20, 1995 / Proposed Rules 19701

1Among other things, the pre-amendment

guidance consists of those portions of the proposed

post-1987 ozone and carbon monoxide policy that

concern RACT, 52 FR 45044 (November 24, 1987);

‘‘Issues Relating to VOC Regulation Cutpoints,

Deficiencies, and Deviations, Clarification to

Appendix D of November 24, 1987 Federal Register

Notice’’ (Blue Book) (notice of availability was

published in the Federal Register on May 25, 1988);

and the existing control technique guidelines

(CTGs).

List of Subjects in 33 CFR Part 164

Marine Safety, Navigation (water),

Reporting and recordkeeping

requirements, Waterways, Incorporation

by reference.

For the reasons set out in the

preamble, the Coast Guard proposes to

amend 33 CFR part 164 as follows:

PART 164—NAVIGATION SAFETY

REGULATIONS

1. The authority citation for part 164

continues to read as follows:

Authority: 33 U.S.C. 1231; 46 U.S.C. 2103,

3703; 49 CFR 1.46. Sec. 164.13 also issued

under 46 U.S.C. 8502 sec. 4114(a), Pub.L.

101–380, 104 Stat. 517 (46 U.S.C. 3703 note).

Sec. 164.61 also issued under 46 U.S.C. 6101.

2. Section 164.03 paragraph (b) is

revised to read as follows:

§ 164.03 Incorporation by Reference

* * * * *

(b) The materials approved for

incorporation by reference in this part

and the sections affected are:

International Maritime Organization (IMO)

4 Embankment, London, SE1

7SR, U.K

Recommendation on Performance Standards for Automatic

Pilots, Resolution A.342(IX),

adopted November 12, 1975 .... 164.13

Radio Technical Commission For

Maritime Services (RTCM)

655 Fifteenth St., N.W., Suite

300, Washington, D.C. 20005

Minimum Performance Standards (MPS) Marine Loran C Receiving Equipment, RTCM

Paper 12–78/DO–100, 1977 ..... 164.41

RTCM Recommended Standards

for Differential NAVSTAR GPS

Service, Version 2.1, RTCM

Paper 194–93/SC 104–STD,

1994 ........................................... 164.43

International Telecommunication

Union Radiocommunication Bureau (ITU–R)

Place de Nations CH–1211 Geneva 20 Switzerland

Optional Expansion of the Digital

Selective-Calling System for

use in the Maritime Mobile

Service, ITU–R Recommendation 821, 1992 ........................... 164.43

Characteristics of a Transponder

System using Digital SelectiveCalling Techniques for use

with Vessel Traffic Services

and Ship-to-Ship Identification, ITU–R Recommendation

825, 1992 ................................... 164.43

Dated: March 30, 1995.

G.A. Penington,

Rear Admiral, U.S. Coast Guard Chief, Office

of Navigation Safety and Waterway Services.

[FR Doc. 95–9713 Filed 4–19–95; 8:45 am]

BILLING CODE 4910–14–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[CA 144–3–6972a; FRL–5194–1]

Approval and Promulgation of

Implementation Plans; California State

Implementation Plan Revision, South

Coast Air Quality Management District

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: EPA is proposing to approve

revisions to the California State

Implementation Plan (SIP) which

concern the control of volatile organic

compound (VOC) emissions from

semiconductor manufacturing.

The intended effect of proposing

approval of this rule is to regulate

emissions of VOCs in accordance with

the requirements of the Clean Air Act,

as amended in 1990 (CAA or the Act).

EPA’s final action on this notice of

proposed rulemaking (NPRM) will

incorporate these rules into the federally

approved SIP. EPA has evaluated each

of these rules and is proposing to

approve them under provisions of the

CAA regarding EPA action on SIP

submittals, SIPs for national primary

and secondary ambient air quality

standards and plan requirements for

nonattainment areas.

DATES: Comments must be received on

or before May 22, 1995.

ADDRESSES: Comments may be mailed

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 94105–3901.

Copies of the rule revisions and EPA’s

evaluation report of each rule are

available for public inspection at EPA’s

Region 9 office during normal business

hours. Copies of the submitted rule

revisions are also available for

inspection at the following locations:

Environmental Protection Agency, Air

Docket 6102, ANR 443, 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:

Applicability

The rule being proposed for approval

into the California SIP is the South

Coast Air Quality Management District

(SCAQMD) Rule 1164—Semiconductor

Manufacturing. This rule was submitted

by the California Air Resources Board

(CARB) to EPA on February 24, 1995.

Background

On March 3, 1978, EPA promulgated

a list of ozone nonattainment areas

under the provisions of the Clean Air

Act, as amended in 1977 (1977 CAA or

pre-amended Act), that included the Los

Angeles-South Coast Air Basin Area

(South Coast Area). 43 FR 8964; 40 CFR

81.305. Because this area was unable to

meet the statutory attainment date of

December 31, 1982, California requested

under section 172(a)(2), and EPA

approved, an extension of the

attainment date to December 31, 1987.

[40 CFR 52.222] On May 26, 1988, EPA

notified the Governor of California,

pursuant to section 110(a)(2)(H) of the

pre-amended Act, that the above

district’s portion of the California SIP

was inadequate to attain and maintain

the ozone standard and requested that

deficiencies in the existing SIP be

corrected (EPA’s SIP-Call). On

November 15, 1990, the Clean Air Act

Amendments of 1990 were enacted.

Pub. L. 101–549, 104 Stat. 2399,

codified at 42 U.S.C. 7401–7671q. In

amended section 182(a)(2)(A) of the

CAA, Congress statutorily adopted the

requirement that nonattainment areas

fix their deficient reasonably available

control technology (RACT) rules for

ozone and established a deadline of May

15, 1991 for states to submit corrections

of those deficiencies. Section

182(a)(2)(A) applies to areas designated

as nonattainment prior to enactment of

the amendments and classified as

marginal or above as of the date of

enactment. It requires such areas to

adopt and correct RACT rules pursuant

to pre-amended section 172(b) as

interpreted in pre-amendment

guidance.1 EPA’s SIP-Call used that

guidance to indicate the necessary

corrections for specific nonattainment