Federal Register / Vol. 61, No. 98 / Monday, May 20, 1996 / Rules and Regulations 25149

(d) Lessees must prepare records

detailing gas flaring or venting and

liquid hydrocarbon burning for each

facility. The records must include, at a

minimum:

(1) Daily volumes of gas flared or

vented and liquid hydrocarbons burned;

(2) Number of hours of flaring,

venting, or burning on a daily basis;

(3) Reasons for flaring, venting, or

burning; and

(4) A list of the wells contributing to

flaring, venting, or burning, along with

the gas-oil ratio data.

(e) Lessees must keep these records

for at least 2 years. Lessees must allow

Minerals Management Service

representatives to inspect the records at

the lessees’ field office that is nearest

the Outer Continental Shelf facility, or

at another location agreed to by the

Regional Supervisor. If the Regional

Supervisor requests to see the records,

lessees must provide a copy.

[FR Doc. 96–12544 Filed 5–17–96; 8:45 am]

BILLING CODE 4310–MR–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Parts 100, 110 and 117

[CGD 05–96–021]

Special Local Regulations for Marine

Events; Norfolk Harborfest 1996;

Norfolk Harbor, Elizabeth River,

Norfolk and Portsmouth, VA

AGENCY: Coast Guard, DOT.

ACTION: Notice of implementation.

SUMMARY: This document implements

33 CFR 100.501 for Norfolk Harborfest

1996, an annual event to be held in the

Waterside area of the Elizabeth River

between Norfolk and Portsmouth,

Virginia. These special local regulations

are needed to control vessel traffic

within the immediate vicinity of

Waterside due to the confined nature of

the waterway and the expected vessel

congestion during the event. The effect

will be to restrict general navigation in

the regulated area for the safety of

participants and spectators.

EFFECTIVE DATES: The regulations in 33

CFR 100.501, 110.72aa and 117.1007(b)

are effective for the following periods:

11 a.m. to 11 p.m., June 7, 1996; 8:30

a.m. to 11 p.m., June 8, 1996; and 9:30

a.m. to 7 p.m., June 9, 1996.

FOR FURTHER INFORMATION CONTACT:

LTJG R. Christensen, marine events

coordinator, Commander, Coast Guard

Group Hampton Roads, 4000 Coast

Guard Blvd., Portsmouth, VA 23703–

2199, (804) 483–8521.

SUPPLEMENTARY INFORMATION:

Discussion of Rule

Norfolk Harborfest, Inc. will sponsor

the Norfolk Harborfest 1996 on June 7,

8, and 9, 1996, in the Waterside area of

the Elizabeth River. The event will

consist of aerobatic demonstrations, an

air/sea rescue demonstration, fireworks,

lighted boat parade, and numerous other

water events, to include a parade of

sailboats and several boat and raft races.

A large number of spectator vessels are

expected. Therefore, to ensure safety of

both participants and spectators, 33 CFR

100.501 will be in effect for the event.

Under provisions of 33 CFR 100.501, a

vessel may not enter the regulated area

unless it is registered as a participant

with the event sponsor or it receives

permission from the Coast Guard patrol

commander. These restrictions will be

in effect for a limited period and should

not result in significant disruption of

maritime traffic. The Coast Guard patrol

commander will announce the specific

periods during which the restrictions

will be enforced.

Additionally, 33 CFR 110.72aa and 33

CFR 117.1007(b) will be in effect while

33 CFR 100.501 is in effect. Section

110.72aa establishes special anchorages

which may be used by spectator craft.

Section 117.1007(b) provides that the

draw of the Berkley Bridge shall remain

closed from one hour prior to the

scheduled event until one hour after the

scheduled event unless the Coast Guard

patrol commander allows it to be

opened for passage of commercial

traffic.

Dated: May 1, 1996.

W.J. Ecker,

Rear Admiral, U.S. Coast Guard, Commander,

Fifth Coast Guard District.

[FR Doc. 96–12645 Filed 5–17–96; 8:45 am]

BILLING CODE 4910–14–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 55

[FRL–5504–4]

RIN 2060–AG40 and AG39

Outer Continental Shelf Air

Regulations Offset Remand

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Interim final rule.

SUMMARY: The EPA is revising the outer

continental shelf (OCS) regulations in

response to a decision by the U.S. Court

of Appeals for the District of Columbia

Circuit. The OCS regulations establish

air pollution control requirements for

certain sources located on the OCS.

On September 4, 1992, EPA

promulgated the OCS regulations,

which, in part, set up special offset

requirements for OCS sources located

within 25 miles of the States’ seaward

boundaries (the 25-mile limit). The

Santa Barbara County Air Pollution

Control District filed a petition for

review of the regulations on several

issues, including the special offset

provisions. Upon review, the court

found that the special offset provisions

departed from the Clean Air Act

directive, vacated the regulation in part,

and remanded it to EPA for further

consideration.

By this action, EPA is revising the

OCS regulations to delete the special

offset provisions and to require that for

sources located within the 25-mile limit,

offset requirements apply as they are

required in the corresponding onshore

area (COA). The EPA is promulgating

these revisions as an interim final

regulation and is requesting comments

on the revisions. The revisions will be

in effect during the interim period while

EPA receives, reviews and responds to

any comments.

DATES: These rules shall be effective as

of May 20, 1996. Written comments on

this action must be received by EPA at

the address below on or before June 19,

1996.

ADDRESSES: The public docket for this

action is available for public inspection

and copying between 8:00 a.m. and 4:00

p.m., Monday through Friday, at the Air

and Radiation Docket and Information

Center (6101), Attention Docket A–95–

06, South Conference Center, Room 4,

401 M Street, SW, Washington, DC

20460. A reasonable fee for copying may

be charged.

FOR FURTHER INFORMATION CONTACT: Mr.

David Stonefield, U.S. EPA, MD–15,

Research Triangle Park, NC 27711,

telephone (919) 541–5350.

SUPPLEMENTARY INFORMATION:

I. Background and Purpose

A. Introduction

The Clean Air Act Amendments of

1990 (Act) (Pub. L. 101–549, 104 Stat.

2399 (1990)) added section 328 to the

Act and transferred authority to regulate

sources on part of the OCS from the

Department of the Interior (DOI) to EPA.

The DOI retained the authority to

regulate OCS sources in the Gulf of

Mexico west of 87.5 degrees longitude.

As to the remaining portions of the

OCS—the Atlantic, Pacific, and Arctic

coasts and the Gulf of Mexico east of

87.5 degrees—section 328 requires EPA
25150 Federal Register / Vol. 61, No. 98 / Monday, May 20, 1996 / Rules and Regulations

to establish requirements for the control

of air pollution from OCS sources, to

attain and maintain Federal and State

ambient air quality standards, and to

comply with the provisions of part C of

title I of the Act. For sources within 25

miles of the States’ seaward boundaries,

those requirements must be ‘‘the same

as would be applicable if the source

were located in the [COA]. * * *’’ For

sources beyond the 25-mile limit, the

Administrator has discretion in

determining the requirements. The EPA

proposed (56 FR 63774, December 5,

1991) and promulgated (57 FR 40792,

September 4, 1992) regulations to

implement the requirements of section

328. Among other things, EPA said that

it would require OCS sources to meet

the requirements of the operating

permits regulations (40 CFR part 71) and

the enhanced monitoring regulations

when promulgated.

B. Offset Provisions

Generally, in nonattainment areas, a

new source or existing source

undergoing modification which results

in increased emissions must secure

emission reductions of an equal or

greater amount from existing sources in

that area to ‘‘offset’’ its new emissions.

In promulgating the OCS regulations,

EPA required that OCS sources obtain

offsets based on the requirements

imposed in the COA and in accordance

with special offset requirements for OCS

sources that EPA established in 40 CFR

55.5(d). The EPA set up three zones

based upon where the offsets were

obtained and applied the offset program

differently in each. Offsets obtained

seaward of the proposed source, zone 1,

are subject to the requirements of the

COA including any distance penalty or

discount. Offsets obtained between the

proposed source and the State’s seaward

boundary, zone 2, are subject to the

offset ratio of the COA but not any

distance discounting or penalties.

Offsets obtained on the landward side of

the State’s seaward boundary, zone 3,

are subject to the requirements of the

COA including any distance penalty or

discount, but the proposed source is

assumed to be located at the State’s

seaward boundary (40 CFR 55.5(d) and

57 FR 40796).

C. Judicial Review

In November 1992, the Santa Barbara

County Air Pollution Control District

(APCD) filed a petition for review of the

OCS rule in the Court of Appeals for the

District of Columbia Circuit, claiming,

among other things, that section 328 of

the Act requires that the offset provision

applicable to OCS sources must be the

same as those that apply within the

COA (Santa Barbara County Air

Pollution Control District v. EPA, 31

F.3d 1179 (D.C. Cir. 1994)). The Santa

Barbara County APCD claimed EPA

overstepped the statutory boundaries by

limiting the application of the COA

offset provision with Federal

requirements. On August 12, 1994, the

Court of Appeals vacated the offset

portion of the OCS regulations as it

applied to zones 2 and 3, finding that

EPA should promulgate the same offset

requirements for OCS sources as would

be applicable if the OCS sources were

located in the COA. The court remanded

the provision to EPA for further

consideration.

Another issue raised by the Santa

Barbara County APCD petition involved

EPA’s prohibition on the delegation of

the authority to implement and enforce

the OCS regulations with respect to

sources located beyond the 25-mile

limit. Pursuant to a request for a

voluntary remand, the court remanded

this issue to EPA for reconsideration on

February 10, 1994. Elsewhere in today’s

Federal Register, EPA is proposing

revisions to the OCS regulations to

delete that prohibition.

II. Revisions to the Regulations

By this action, EPA is addressing the

court’s August 12, 1994 decision by

revising the offset provision that applies

to OCS sources. The EPA is revising

section 55.5(d) of the OCS regulations to

provide:

Offset requirements. Offsets shall be

obtained based on the applicable

requirements of the COA, as set forth in

§§ 55.13 and 55.14 of this part.

The EPA will delete the final clause

of current § 55.5(d) and the text of

subparagraphs (1)–(7), which placed

limitations on the application of the

offset requirements of the COA.

In accordance with the provisions of

the Administrative Procedure Act

(APA), EPA is invoking the good cause

exception in taking this final action

without prior notice and an opportunity

for comment (5 U.S.C. 553(b)(B); Shell

Oil Co. v. EPA, 950 F.2d 741, 752 (DC

Cir. 1991); Mid-Tex Elec. Co-op., Inc. v.

FERC, 822 F.2d 1123, 1131–34 (DC Cir.

1987)). Because the court has vacated

the existing regulations as they apply to

zones 2 and 3, there is a gap in

continuity of the regulation. The EPA

believes good cause exists to make this

action final prior to providing an

opportunity for notice and comment

because such a procedure is

unnecessary in light of the court’s

holding. The court decision clearly

indicates that EPA was not entitled to

interpret section 328 so as to allow a

different application of offsets from

what the COA’s regulations provide.

The court found that there is a clear

statutory mandate which EPA should

have followed. Since there is no

judgment involved in the application of

this provision, notice-and-comment

rulemaking is unnecessary.

Furthermore, because of the gap in

continuity of the regulations, it is not

practicable to cause notice and an

opportunity for public hearing prior to

filling the gap, and it is not in the public

interest to do so since the gap could

cause confusion and delay with respect

to permitting.

Finally, for the same reasons

articulated above, EPA is invoking the

good cause exception to make this

action effective immediately upon

publication (APA, 5 U.S.C. 553(d)(3)).

Although EPA is invoking the good

cause exception to make this action

final without prior notice and

opportunity for comment, EPA is

providing the public with the

opportunity to comment on this interim

final action. Therefore, the final action

is ‘‘interim’’ because EPA will

reevaluate its decision in light of any

comments received during the comment

period and take a subsequent final

action.

Appendix A to 40 CFR 55 identifies

the State and local requirements

incorporated into EPA’s OCS

regulations. Section 55.12 requires EPA

to update appendix A to maintain

consistency with onshore regulations.

During the next consistency review for

each area, EPA will incorporate any

additional offset requirements necessary

to comply with the requirements of

these revisions.

IV. Administrative Requirements

A. Executive Order 12866

Under Executive Order 12866, the

Agency must determine whether the

regulatory action is significant and

therefore subject to review by the Office

of Management and Budget (OMB) and

the requirements of the Executive Order.

The Order defines significant regulatory

action as one that is likely to result in

a rule that may:

(1) Have an annual effect on the

economy of $100 million or more or

adversely affect in a material way the

economy, productivity, competition,

jobs, the environment, public health or

safety of State, local, or tribal

governments or communities;

(2) Create a serious inconsistency or

otherwise interfere with an action taken

or planned by another Agency;

(3) Materially alter the budgetary

impact of entitlements, grants, user fees,
Federal Register / Vol. 61, No. 98 / Monday, May 20, 1996 / Rules and Regulations 25151

or loan programs or the rights and

obligations of recipients thereof; or

(4) Raise novel legal or policy issues

arising out of legal mandates, the

President’s priorities, or the principles

set forth in the Executive Order.

It is estimated that the upper bound

for the economic impact of these

revisions to the OCS rules is between

$520,000 and $1,120,000 per year.

However, pursuant to the terms of

Executive Order 12866, OMB has

determined that the revisions to the

OCS rules are ‘‘significant’’ because the

OCS sources would be regulated by two

Federal agencies, EPA and DOI. As

such, this action was submitted to OMB

for review. Changes made in response to

OMB suggestions or recommendations

are documented in the public record.

B. Unfunded Mandates Act

Section 202 of the Unfunded

Mandates Act of 1995 requires that EPA

prepare a budgetary impact statement

before promulgating a rule that includes

a Federal mandate that may result in

expenditures by State, local, and tribal

governments, in aggregate, or by the

private sector, of $100 million or more

in any 1 year. Section 203 requires EPA

to establish a plan for obtaining input

from, informing, educating, and

advising any small governments that

may be significantly or uniquely

affected by the rule.

Under section 205 of the Unfunded

Mandates Act, EPA must identify and

consider a reasonable number of

regulatory alternatives before

promulgating a rule for which a

budgetary impact statement must be

prepared. The EPA must select from

those alternatives the least costly, most

cost-effective, or least burdensome

alternative that achieves the objective of

the rule, unless EPA explains why a

particular alternative is not selected or

the selection of a particular alternative

is inconsistent with law.

Because this interim final rule does

not impose any new mandates on State,

local, or tribal governments, and the

rule is estimated to result in the

expenditures by State, local, and tribal

governments or the private sector of less

than $100 million in any 1 year, EPA

has not prepared a budgetary impact

statement or specifically addressed the

selection of the least costly, most costeffective, or least burdensome

alternative. Because small governments

will not be significantly or uniquely

affected by this rule, EPA is not required

to develop a plan with regard to small

governments. However, EPA will work

with State and local air pollution

control agencies that have received

delegation of authority to implement

and enforce the OCS regulations.

C. Paperwork Reduction Act

These rule revisions do not contain

any information collection requirements

subject to review by the OMB under the

Paperwork Reduction Act of 1980, 44

U.S.C. 3501, et seq.

D. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA)

of 1980 requires Federal agencies to

identify potentially adverse impacts of

Federal rules upon small entities. Small

entities include small businesses,

organizations, and governmental

jurisdictions. In instances where

significant economic impacts are

possible on a substantial number of

these entities, agencies are required to

perform a regulatory flexibility analysis.

Furthermore, EPA Guidelines for

Implementing the Regulatory Flexibility

Act, issued on April 9, 1992, require the

Agency to determine whether

regulations will have any economic

impacts on small entities. As explained

in the September 4, 1992 final rule (57

FR 40792), the OCS regulations do not

apply to any small entities. Therefore,

these revisions to the OCS regulations

neither impose any requirements on

small entities, nor require or exclude

small entities from meeting the

requirements of the OCS regulations. As

a result, EPA has determined that these

revisions will not have a significant

impact on a substantial number of small

entities.

Therefore, as required under section

605 of the RFA, 5 U.S.C. 605, I certify

that these revisions do not have a

significant impact on a substantial

number of small entities.

List of Subjects in 40 CFR Part 55

Environmental protection,

Administrative practice and procedures,

Air pollution control, Continental shelf,

Intergovernmental relations, Nitrogen

oxides, Ozone, Permits, Reporting and

recordkeeping requirements, Sulfur

oxides.

Dated: May 13, 1996.

Carol M. Browner.

Administrator.

For reasons set out in the preamble,

40 CFR part 55 is revised and amended

as set forth below.

PART 55—OUTER CONTINENTAL

SHELF AIR REGULATIONS

1. The authority citation for part 55

continues to read as follows:

Authority: Section 328 of the Clean Air Act

(42 U.S.C. 7401, et seq.) as amended by

Public Law 101–549.4

2. Section 55.5 is amended by revising

paragraph (d) to read as follows:

§ 55.5 Corresponding onshore area

designation.

* * * * *

(d) Offset requirements. Offsets shall

be obtained based on the applicable

requirements of the COA, as set forth in

§§ 55.13 and 55.14 of this part.

* * * * *

[FR Doc. 96–12626 Filed 5–17–96; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 167

[OECA; FRL–5507–1]

Pesticide Reports for PesticideProducing Establishments (EPA Form

3540–16); 1995 Annual Solicitation

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Time extension for submission

of reports.

SUMMARY: The EPA announced in the

Federal Register (61 Vol. 8221, March 4,

1996), that because of delays in

completing and distributing reporting

packages, that it would extend the due

date for submission of annual pesticide

production reports (EPA Form 3540–16)

for calendar year 1995 until May 1,

1996. In another Federal Register

document (61 Vol. 14497, April 2,

1996), EPA corrected the original

document of March 4, 1996, by stating

‘‘Annual pesticide production reports

for calendar year 1995 will not be due

until two (2) months after the reporting

packages are mailed out.’’

This notice announces that the 1995

Pesticide Reports for PesticideProducing Establishments forms (EPA

Form 3540–16) will be mailed out by

May 24, 1996, and are due to be

submitted back to the Agency by July

24, 1996. If you have not received your

reporting packages within two weeks

from the date of this document, please

contact your local EPA Regional office.

DATES: Annual pesticide production

reports for calendar year 1995 will be

due July 24, 1996.

FOR FURTHER INFORMATION CONTACT:

Carol L. Buckingham, (202) 564–5008,

fax (202) 564–0085, Environmental

Protection Agency, Mail Code 2225A,

401 M Street, SW., Washington, D.C.

20460.

Dated: May 13, 1996.

Steven A. Herman,

Assistant Administrator, Office of

Enforcement and Compliance Assurance.

[FR Doc. 96–12484 Filed 5–17–96; 8:45 am]

BILLING CODE 6560–50–P