28530 Federal Register / Vol. 61, No. 109 / Wednesday, June 5, 1996 / Proposed Rules

lease stipulation any drilling

requirements.

* * * * *

[FR Doc. 96–13989 Filed 6–4–96; 8:45 am]

BILLING CODE 4310–MR–M

National Park Service

36 CFR Part 7

RIN 1024–AC45

Big Thicket National Preserve, Moored

Houseboats

AGENCY: National Park Service, Interior.

ACTION: Proposed rule.

SUMMARY: The National Park Service

(NPS) is proposing regulations that will

require all houseboat owners to register

their houseboats at the Office of the

Superintendent of the Preserve to

adhere to regulations pertaining

specifically to moored houseboats

within the boundaries of the Preserve.

This rulemaking will also include

regulations pertaining to sanitation and

refuse (trash removal), fire extinguishers

and personal flotation devices on board

houseboats. The addition of the

proposed regulations will allow the NPS

to identify each houseboat owner in the

event emergency notification is needed

while the houseboat is vacant. The

regulations will also assist the park in

monitoring recreational activities

directly related to houseboats. These

regulations will enhance protection of

the resources in the Preserve while

providing improved visitor protection

services by park personnel.

DATES: Written comments will be

accepted through August 5, 1996.

ADDRESSES: Comments should be

addressed to: Superintendent, Big

Thicket National Preserve, 3785 Milam,

Beaumont, Texas 77701.

FOR FURTHER INFORMATION CONTACT:

Robert D. Appling, Chief Ranger Big

Thicket National Preserve, Telephone

409–839–2689.

SUPPLEMENTARY INFORMATION:

Background

Houseboats have been moored on the

Neches River and its tributaries since

before Big Thicket National Preserve

was established. The mooring of

houseboats within the Preserve is

considered a traditional use and should

be allowed to continue. Houseboat

owners are primarily local residents of

the Southeast Texas area.

Houseboat owners and the

recreational activities associated with

these moored houseboats have been

mostly unregulated since the Preserve

was established in 1974 (16 U.S.C. 698).

Activities associated with houseboats

have led to the degradation of Preserve

resources in a variety of ways, including

the poaching of fish and game, damage

to and removal of vegetation to establish

egress routes, concentrated human use

impacts, stream bank erosion and the

prohibited discharge of sewage, animal

and fish remains, and other aquatic

pollutants.

Houseboats have been left unattended

for long periods of time and many are

utilized only during the approved

hunting season. Attempts by Preserve

personnel to contact houseboat owners

to inform them of damage to their

property or to advise them of violations

of regulations have proven to be

extremely difficult. Many houseboat

owners do not have telephones and the

park does not have permanent addresses

where the owners can be contacted.

The NPS believes that the addition of

these regulations will provide for better

management of the land and water

resources of the Preserve and improve

overall communications with houseboat

owners by providing accurate and

updated information concerning

hunting, fishing, boating and water use

activities.

Public Participation

It is the policy of the Department of

Interior, whenever practicable, to afford

the public an opportunity to participate

in the rulemaking process. Accordingly,

interested persons may submit written

comments regarding this proposed rule

to the address noted at the beginning of

this rulemaking. Big Thicket National

Preserve will also publish public notices

in local papers informing the general

public of the proposed rule. The NPS

will review comments and consider

making changes to the final rule based

upon an analysis of the comments.

Drafting Information. The primary authors

of this proposed rule are Robert D. Appling,

Chief Ranger and Richard F. Strahan, Chief,

Division of Resource Management, and

Dennis Burnett, Washington Office of Ranger

Activities, National Park Service.

Paperwork Reduction Act

This proposed rule does not contain

collections of information requiring

approval by the Office of Management

and Budget under the Paperwork

Reduction Act of 1995.

Compliance With Other Laws

This rule was not subject to Office of

Management and Budget review under

Executive Order 12866. The Department

of the Interior determined that this

document will not have a significant

economic effect on a substantial number

of small entities under the Regulatory

Flexibility Act (5 USC 601 et seq.). The

economic effects of this rulemaking are

local in nature and negligible in scope.

The NPS has determined that this

proposed rulemaking will not have a

significant effect on the quality of the

human environment, health and safety

because it is not expected to:

(a) Increase public use to the extent of

compromising the nature and character

of the area or causing physical damage

to it;

(b) Introduce incompatible uses

which compromise the nature and

character of the area or causing physical

damage to it;

(c) Conflict with adjacent ownerships

or land uses; or

(d) Cause a nuisance to adjacent

owners or occupants.

Based on this determination, the

regulation is categorically excluded

from the procedural requirements of the

National Environmental Policy Act

(NEPA) by Departmental guidelines in

516 DM 6 (49 FR 21438). As such,

neither an Environmental Assessment

(EA) nor an Environmental Impact

Statement (EIS) has been prepared.

List of Subjects in 36 CFR Part 7

National parks, Reporting and

recordkeeping requirements.

In consideration of the foregoing, it is

proposed to amend 36 CFR Chapter I as

follows:

PART 7—SPECIAL REGULATIONS,

AREAS OF THE NATIONAL PARK

SYSTEM

1. The authority citation continues to

read as follows:

Authority: 16 U.S.C. 1, 3, 9a, 460(q),

462(k); Sec. 7.96 also issued under D.C. Code

8–137 (1981) and D.C. Code 40–721 (1981).

2. Section 7.85 is amended by adding

new paragraph (e) to read as follows:

§ 7.85 Big Thicket National Preserve.

* * * * *

(e) Moored houseboats. Except as

otherwise provided, the following

regulations will be applicable:

(1) All houseboats moored on

waterways within the boundaries of Big

Thicket National Preserve are required

to be registered with the Office of the

Superintendent, Big Thicket National

Preserve. Houseboats will be assigned a

number and a decal at the beginning of

each calendar year. It is further required

that written notification will be given to

the Office of the Superintendent prior to

relocation of a houseboat from its

registered location.

(2) Houseboats will be located a

minimum distance of one-half mile from

other houseboats.
Federal Register / Vol. 61, No. 109 / Wednesday, June 5, 1996 / Proposed Rules 28531

1 The 1990 Amendments to the Clean Air Act

made significant changes to the Act. See Pub. L. No.

101–549, 104 Stat. 2399. References herein are to

the Clean Air Act, as amended (‘‘the Act’’). The

Clean Air Act is codified, as amended, in the U.S.

Code at 42 U.S.C., Sections 7401, et seq.

2 Subpart 1 contains provisions applicable to

nonattainment areas generally and Subpart 4

contains provisions specifically applicable to PM–

10 nonattainment areas. At times, Subpart 1 and

Subpart 4 overlap or may conflict. EPA has

attempted to clarify the relationship among these

provisions in the ‘‘General Preamble’’ and, as

appropriate, in today’s notice and supporting

information.

(3) New houseboats that have

buoyancy flotation devices enabling the

houseboat to float will be limited to

styrofoam-type material or

commercially made flotation products

such as pontoon floats. Houseboats

utilizing containers made of metal (e.g.,

55 gallon drums for buoyancy/flotation)

will not be permitted unless the

container has never been used to store

any type of product inside and proof to

this effect is provided.

(4) Houseboats will have a chemical

or other marine-type approved holding

tank or storage container. Discharge of

sewage into waters within the Preserve

is prohibited.

(5) All trash and other waste material

accumulated on houseboats will be

properly disposed of outside the

Preserve boundaries. Burying or burning

trash is prohibited.

(6) All weapons on houseboats will be

unloaded and cased.

(7) Houseboats will be equipped with

a minimum of one approved Type B-l

fire extinguisher, one Type I personal

flotation device for each individual

occupying the houseboat, and one Type

IV buoyant cushion or ring buoy.

(8) Houseboats will have a minimum

of three reflective devices located so as

to be visible to other marine type traffic

from sunset to sunrise.

(9) Fires on Preserve land will not be

left unattended and will be completely

extinguished before leaving the area of

the moored houseboat.

(10) Damage to any trees or vegetation

on Preserve land surrounding the

moored houseboat is prohibited. This

includes such actions as, but not limited

to:

(i) Mooring houseboats to trees;

(ii) Nailing objects to trees;

(iii) Clearing of vegetation; and

(iv) Streambank modification.

(11) All persons registering a

houseboat within the boundaries of Big

Thicket National Preserve will comply

with all regulations pertaining to

moored houseboats.

Dated: May 9, 1996.

George T. Frampton, Jr.,

Assistant Secretary for Fish and Wildlife and

Parks.

[FR Doc. 96–14105 Filed 6–4–96; 8:45 am]

BILLING CODE 4310–70–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[OR–14–1–5535; FRL–5514–3]

Approval and Promulgation of State

Implementation Plans: Oregon

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA invites public comment

on its proposed approval of a State

Implementation Plan (SIP) revision

submitted by the State of Oregon for the

purpose of bringing about the

attainment of 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). The

implementation plan was submitted by

the State to satisfy certain Federal

requirements for an approvable

moderate nonattainment area PM–10

SIP for the Klamath Falls, Oregon, PM–

10 nonattainment area.

DATES: Comments must be postmarked

on or before July 5, 1996.

ADDRESSES: Written comments should

be addressed to: Montel Livingston, SIP

Manager, Office of Air Quality (OAQ–

107), EPA, Docket #OR–14–1–5535,

1200 Sixth Avenue, Seattle,

Washington, 98101.

Copies of the State’s request and other

information supporting this proposed

action are available for inspection

during normal business hours at the

following locations: EPA, Office of Air

Quality (OAQ–107), 1200 Sixth Avenue,

Seattle, Washington 98101, and the

Oregon Department of Environmental

Quality, 811 SW., Sixth Avenue,

Portland, Oregon 97204–1390.

FOR FURTHER INFORMATION CONTACT:

Rindy Ramos, EPA, Office of Air Quality

(OAQ–107), 1200 Sixth Avenue, Seattle,

Washington, 98101, (206) 553–6510.

SUPPLEMENTARY INFORMATION

I. Background

A. 1990 Amendments to the Clean Air

Act

The area within the Klamath Falls,

Oregon, Urban Growth Boundary (UGB),

was designated nonattainment for PM–

10 and classified as moderate under

Sections 107(d)(4)(B) and 188(a) of the

Clean Air Act (CAA), upon enactment of

the Clean Air Act Amendments (CAAA)

of 1990.1 See 56 FR 56694 (November 6,

1991) and 40 CFR 81.338. The air

quality planning requirements for

moderate PM–10 nonattainment areas

are set out in Subparts 1 and 4 of Title

I of the Act.2 EPA has issued a ‘‘General

Preamble’’ describing EPA’s preliminary

views on how EPA intends to review

SIPs and SIP revisions submitted under

Title I of the Act, including those state

submittals containing moderate PM–10

nonattainment area SIP requirements

(see generally 57 FR 13498 (April 16,

1992) and 57 FR 18070 (April 28,

1992)). Because EPA is describing its

interpretations here only in broad terms,

the reader should refer to the General

Preamble for a more detailed discussion

of the interpretations of Title I advanced

in this proposed approval and the

supporting rationale. In this rulemaking

action for the PM–10 SIP for the

Klamath Falls nonattainment area,

EPA’s proposed action is consistent

with its interpretations, discussed in the

General Preamble, and takes into

consideration the specific factual issues

presented in the SIP. Additional

information supporting EPA’s action on

this particular area is available for

inspection at the address indicated

above. EPA will consider any comments

received by the date indicated above.

Those states containing initial

moderate PM–10 nonattainment areas

(those areas designated nonattainment

under Section 107(d)(4)(B)) were

required to submit, among other things,

the following provisions by November

15, 1991:

1. Provisions to assure that

Reasonably Available Control Measures

(RACM) (including such reductions in

emissions from existing sources in the

area as may be obtained through the

adoption, at a minimum, of Reasonably

Available Control Technology (RACT))

shall be implemented no later than

December 10, 1993;

2. Either a demonstration (including

air quality modeling) that the plan will

provide for attainment as expeditiously

as practicable but no later than

December 31, 1994, or a demonstration

that attainment by that date is

impracticable;

3. Quantitative milestones which are

to be achieved every 3 years and which

demonstrate Reasonable Further