29960 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Rules and Regulations

County, NJ, has a vertical clearance of

5′ above mean high water (MHW) and 8′

above mean low water (MLW) in the

closed position. The current regulations

require the bridge to open on signal at

all times.

Review of the bridge logs provided by

NJDOT revealed that between 11 p.m.

and 7 a.m., there were limited requests

for bridge openings for the years 1992,

1993 and 1994. NJDOT is seeking relief

from the requirement that a bridge

tender be present during the hours of 11

p.m. and 7 a.m. when there are minimal

requests for openings. The NJDOT

requested a permanent change to the

regulations governing operation of the

Route 9 Bridge to require the draw to

open on signal, except from 11 p.m. to

7 a.m., which will require a two hour

advance notice. At all other times the

bridge will open on signal. The bridge

tenders will be on call to open the draw

when the advance notice is given. A 24

hour special telephone number will be

posted on the bridge and maintained by

the NJDOT.

Accordingly, a new provision

allowing the draw of the Route 9 bridge,

at mile 1.5, to remain closed from 11

p.m. to 7 a.m. unless two hours advance

notice is given will be designated as

paragraph (a). The current provision

allowing the draw of the Atlantic

County (Rte. 575) bridge, at mile 3.5, to

remain closed unless eight hours

advance notice is given will be

designated as paragraph (b). A general

provision requiring the passage of

Federal, State, and local government

vessels used for public safety through

all drawbridges is published at 33 CFR

117.31, and is no longer required to be

published for each waterway. Therefore,

this change will remove the provision

requiring passage of public vessels from

section 117.732.

Discussion of Comments and Changes

The Coast Guard received one

comment from the New Jersey State

Historic Preservation office which

offered no objection to the Coast Guard’s

proposed rulemaking. Therefore, no

changes to the proposed rule were

made.

Regulatory Evaluation

This rule 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 been exempted from review

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 rule

to be so minimal that a full Regulatory

Evaluation, under paragraph 10e of the

regulatory policies and procedures of

DOT is unnecessary. This conclusion is

based on the fact that the rule will not

prevent mariners from passing through

the Route 9 Bridge but will only require

mariners to provide two hours advance

notice from 11 p.m. to 7 a.m. Removal

of the public vessel provision from this

rule will have no impact since this

provision is included at 33 CFR 117.31.

Small Entities

Under the Regulatory Flexibility Act

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

considered whether this rule will have

a significant economic impact on a

substantial number of small entities.

‘‘Small entities’’ include independently

owned and operated small businesses

that are not dominant in their fields and

that otherwise qualify as ‘‘small

business concerns’’ under section 3 of

the Small Business Act (15 U.S.C. 632).

Therefore, for the reasons set out under

Regulatory Evaluation, the Coast Guard

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

rule will not have a significant

economic impact on a substantial

number of small entities.

Collection of Information

This rule contains no collection of

information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Federalism Assessment

The Coast Guard has analyzed this

rule under the principles and criteria in

Executive Order 12612 and has

determined that this rule does not raise

sufficient federalism implications to

warrant preparation of a Federalism

Assessment.

Environment

The Coast Guard considered the

environmental impact of this rule and

concluded that, under paragraph

2.B.2.e.(32)(e) of Commandant

Instruction M16475.1B (as amended, 59

FR 38654, 29 July 1994), this rule is

categorically excluded from further

environmental documentation.

List of Subjects in 33 CFR Part 117

Bridges.

Regulations

For the reasons set out in the

preamble, the Coast Guard amends 33

CFR part 117 as follows:

PART 117—DRAWBRIDGE

OPERATION REGULATIONS

1. The authority citation for Part 117

continues to read as follows:

Authority: 33 U.S.C. 499; 49 CFR 1.46; 33

CFR 1.05–1(g); section 117.255 also issued

under the authority of Pub. L. 102–587, 106

Stat. 5039.

2. Section 117.732 is revised to read

as follows:

§ 117.732 Nacote Creek.

(a) The Route 9 bridge, mile 1.5, shall

open on signal, except that from 11 p.m.

to 7 a.m., the draw shall open if at least

two hours notice is given.

(b) The draw of the Atlantic County

(Rte. 575) bridge, mile 3.5 at Port

Republic, shall open on signal if at least

eight hours notice is given.

Dated: May 10, 1996.

W.J. Ecker,

Rear Admiral, U.S. Coast Guard Commander,

Fifth Coast Guard District.

[FR Doc. 96–15045 Filed 6–12–96; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF EDUCATION

34 CFR Part 668

RIN: 1840–AC14 and 1840–AB44

Student Assistance General Provisions

AGENCY: Department of Education.

ACTION: Final regulations.

SUMMARY: The Secretary amends the

Student Assistance General Provisions

regulations to add the Office of

Management and Budget (OMB) control

number to certain sections of the

regulations. These sections contain

information collection requirements

approved by OMB. The Secretary takes

this action to inform the public that

these requirements have been approved

and affected parties must comply with

them.

EFFECTIVE DATE: These regulations are

effective on July 1, 1996.

FOR FURTHER INFORMATION CONTACT:

Paula Husselmann or David Lorenzo,

U.S. Department of Education, 600

Independence Avenue, S.W., (Room

3053, ROB–3) Washington, D.C. 20202.

Telephone (202) 708–7888. Individuals

who use a telecommunications device

for the deaf (TDD) may call the Federal

Information Relay Service (FIRS) at 1–

800–877–8339 between 8 a.m. and 8

p.m. Eastern time, Monday through

Friday.

SUPPLEMENTARY INFORMATION: Final

regulations for the Student Assistance

General Provisions were published in
Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Rules and Regulations 29961

the Federal Register on November 29

and December 1, 1995 (60 FR 61424

[Equity in Athletics Disclosure Act],

61776 [Student Right-to-Know Act]).

Compliance with information collection

requirements in certain sections of these

regulations was delayed until those

requirements were approved by OMB

under the Paperwork Reduction Act of

1995. OMB approved the information

collection requirements in the

regulations on March 14, 1996 for the

graduation rate portion of the Student

Right-to-Know Act and Campus

Security Act, and March 29, 1996 for the

Equity in Athletics Disclosure Act. The

information collection requirements in

these regulations will therefore become

effective with all of the other provisions

of the regulations on July 1, 1996.

Waiver of Proposed Rulemaking

It is the practice of the Secretary to

offer interested parties the opportunity

to comment on proposed regulations.

However, the publication of OMB

control numbers is purely technical and

does not establish substantive policy.

Therefore, the Secretary has determined

under 5 U.S.C. 553(b)(B), that public

comment on the regulations is

unnecessary and contrary to the public

interest.

List of Subjects in 34 CFR Part 668

Administrative practice and

procedure, Colleges and universities,

Consumer protection, Education,

Reporting and recordkeeping

requirements, Student aid, Vocational

education.

Dated: June 6, 1996.

David A. Longanecker,

Assistant Secretary for Postsecondary

Education.

The Secretary amends Part 668 of

Title 34 of the Code of Federal

Regulations as follows:

PART 668—STUDENT ASSISTANCE

GENERAL PROVISIONS

1. The authority citation for Part 668

continues to read as follows:

Authority: 20 U.S.C. 1085, 1088, 1091,

1092, 1094, 1099c, and 1141 unless

otherwise noted.

§§ 668.41, 668.48 [Amended]

2. Sections 668.41 and 668.48 are

amended by republishing the OMB

control number following the section to

read as follows: ‘‘(Approved by the

Office of Management and Budget under

control number 1840–0711)’’

§§ 668.41, 668.46, 668.49 [Amended]

3. Sections 668.41, 668.46, and 668.49

are amended by adding the OMB control

number following each section to read

as follows: ‘‘(Approved by the Office of

Management and Budget under control

number 1840–0719)’’

[FR Doc. 96–14819 Filed 6–12–96; 8:45 am]

BILLING CODE 4000–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[IN59–1–7217a; FRL–5510–7]

Approval and Promulgation of

Implementation Plans; Indiana

AGENCY: Environmental Protection

Agency.

ACTION: Direct final rule.

SUMMARY: On August 29, 1995, the State

of Indiana submitted a State

Implementation Plan (SIP) revision

request to the United States

Environmental Protection Agency (EPA)

for rule changes specific to Allison

Engine Company (Allison) plants 5 and

8 located in Marion County, Indiana.

The submittal provides for an annual

particulate matter ‘‘bubble’’ limit (a

single limit which applies to the

combined emissions from more than

one source) for several boilers, and the

shutdown of two other boilers. Short

term particulate matter emission limits

for all remaining stacks remain

unchanged. This submittal represents a

reduction in allowable particulate

emissions of 67.7 tons per year, and the

State has submitted a modeling analysis

which shows that the revised rules will

not have an adverse effect on air quality.

DATES: The ‘‘direct final’’ is effective on

August 12, 1996, unless EPA receives

adverse or critical comments by July 15,

1996. If the effective date is delayed,

timely notice will be published in the

Federal Register.

ADDRESSES: Copies of the revision

request are available for inspection at

the following address: U.S.

Environmental Protection Agency,

Region 5, Air and Radiation Division, 77

West Jackson Boulevard, Chicago,

Illinois 60604. (It is recommended that

you telephone David Pohlman at (312)

886–3299 before visiting the Region 5

Office.)

Written comments should be sent to:

J. Elmer Bortzer, Chief, Regulation

Development Section, Air Programs

Branch (AR–18J), U.S. Environmental

Protection Agency, 77 West Jackson

Boulevard, Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT:

David Pohlman at (312) 886–3299.

SUPPLEMENTARY INFORMATION:

I. Background

Indiana’s submittal of August 29,

1995, contains revisions to Title 326

Indiana Administrative Code (326 IAC)

6–1–12. The purpose of these changes is

to provide a combined annual emission

limit for several boilers at Allison, and

to set an emission limit of zero tons per

year for 2 boilers which have shut

down.

The proposed rules were published in

the Indiana Register on March 1, 1995.

Public hearings were held on the rules

on January 11, 1995, and April 5, 1995,

in Indianapolis, Indiana. The rules were

adopted by the Indiana Air Pollution

Control Board on April 5, 1995; were

published in the Indiana Register on

November 1, 1995, and, became

effective on November 3, 1995.

II. Analysis of State Submittal

The rule revisions in the August 29,

1995, submittal provide for new

particulate matter (measured as total

suspended particulate) limits for three

stacks at Allison’s plants 5 and 8.

Previously, the stack serving boilers 1–

4 (plant 5) had a limit of 173.0 tons per

year (tpy), the stack serving boiler 2

(plant 8) had a limit of 3.2 tpy, the stack

serving boilers 3–6 (plant 8) had a limit

of 9.3 tpy, and the stack serving boilers

7–11 (plant 8) had a limit of 12.2 tpy.

These stacks also had limits of 0.337,

0.15, 0.15, and 0.15 pounds per million

British Thermal Units (lb/MMBTU),

respectively. The revision provides

limits of 0 tons per year for boilers 2 and

11, which have shut down. The hourly

mass limits remain unchanged at 0.337

lbs/MMBTU for boilers 1–4 of plant 5,

0.15 lbs/MMBTU for boilers 3–6 of plant

8, and 0.15 lbs/MMBTU for boilers 7–

10 of plant 8. The rule provides for a

combined limit of 130.0 tons per year

for the boilers mentioned above, as well

as new limits on the types and amounts

of fuel which may be burned at the

boilers, and a recordkeeping

requirement to document compliance.

One problem which occurs several

times in the rule is that, in the emissions

limitations table, a list of several sources

is followed by a single limit. For

example, boilers 1–4 have a limit of .337

lbs/MMBTU. It is not clear from this

whether the limit is meant to apply to

individual boilers, or a single stack

serving several boilers in common. The

State has informed EPA that its

intention in such cases is that the limit

applies to each boiler. Also, the State

has agreed to correct this problem,

which occurs in a number of Indiana

PM rules. The EPA believes that, since

there is no more lenient interpretation