Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Rules and Regulations 29973

§ 52.1620 Identification of plan.

* * * * *

(c) * * *

(63) A revision to the New Mexico SIP

approving a request for redesignation to

attainment, a vehicle inspection and

maintenance program, and the required

maintenance plan for the Albuquerque/

Bernalillo County CO nonattainment

area, submitted by the Governor on May

11, 1995. The 1993 emissions inventory

and projections were included in the

maintenance plan.

(i) Incorporation by reference.

(A) A letter from the Governor of New

Mexico to EPA dated April 14, 1995, in

which the Governor requested

redesignation to attainment based on the

adopted Carbon Monoxide

Redesignation Request and Maintenance

Plan for Albuquerque/Bernalillo County

New Mexico.

(B) Albuquerque/Bernalillo County

Air Quality Control Board Regulation

No. 28, Motor Vehicle Inspection, as

amended April 12, 1995 and effective

on July 1, 1995.

(ii) Additional material. Carbon

Monoxide Redesignation Request and

Maintenance Plan for Albuquerque/

Bernalillo County New Mexico,

approved and adopted by the Air

Quality Control Board on April 13,

1995.

3. Section 52.1627 is revised to read

as follows:

§ 52.1627 Control strategy and

regulations: Carbon monoxide.

Part D Approval. The Albuquerque/

Bernalillo County carbon monoxide

maintenance plan as adopted on April

13, 1995, meets the requirements of

Section 172 of the Clean Air Act, and is

therefore approved.

PART 81—[AMENDED]

1. The authority citation for part 81

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

Subpart C—Section 107 Attainment

Status Designations

2. In § 81.332 the table for ‘‘New

Mexico-Carbon Monoxide’’ is amended

by revising the entry for the

Albuquerque Area Bernalillo County to

read as follows:

§ 81.332 New Mexico.

* * * * *

NEW MEXICO-CARBON MONOXIDE

Designation Classification

Date1 Type Date1 Type

Albuquerque Area Bernalillo County ..................................................... July 15, 1996 ... Attainment. ....... ..........................

1 This date is November 15, 1990, unless otherwise noted.

* * * * *

[FR Doc. 96–14968 Filed 6–12–96; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Part 1150

[Ex Parte No. 392 (Sub-Nos. 2 and 3)]

Class Exemption for the Construction

of Connecting Track and Rail

Construction Under 49 U.S.C. 10901

AGENCY: Surface Transportation Board.

ACTION: Final rule.

SUMMARY: The Surface Transportation

Board (the Board) grants final approval

to a class exemption for the construction

and operation of connecting railroad

track in Ex Parte No. 392 (Sub-No. 2)

and terminates the Ex Parte No. 392

(Sub-No. 3) proceeding that proposed to

adopt a different class exemption for all

rail construction projects not covered by

the connecting track exemption. Final

regulations establishing the exemption

for connecting track are set forth below.

EFFECTIVE DATE: July 13, 1996.

FOR FURTHER INFORMATION CONTACT:

Joseph Dettmar, (202) 927–5660. [TDD

for the hearing impaired: (202) 927–

5721.]

SUPPLEMENTARY INFORMATION: The

exemption for the construction of

connecting track was initially proposed

in Ex Parte No. 392 (Sub-No. 2). By

decision served on September 15, 1992,

and notice of proposed rulemaking

published in the Federal Register on

September 16, 1992 (57 FR 42733), our

predecessor agency, the Interstate

Commerce Commission (ICC), sought

public comments on proposed changes

to 49 CFR Part 1150 that would

establish a class exemption for all rail

construction, or, alternatively, for

construction of connecting railroad

tracks. The Board is adopting (with

minor changes) the proposed class

exemption for the construction and

operation of connecting tracks. We

believe the changes will facilitate

expanded rail service and reduce

regulatory delay and also satisfy the

requirements of the environmental laws,

because the exemption has been

structured so as to assure that there will

be a full and timely environmental

review in each case. We do not believe

a class exemption for other rail

constructions is warranted. Therefore,

we will terminate the Ex Parte No. 392

(Sub-No. 3) proceeding and simply

continue our practice of expeditiously

handling individual construction

exemption requests as an alternative to

the class exemption the ICC had

proposed. Additional information is

contained in the Board’s decision served

on June 13, 1996. To purchase a copy

of the decision, write to, call, or pick up

in person from: DC News & Data, Inc.,

1201 Constitution Avenue, N.W., Room

2229, Washington, D.C. 20423.

(Assistance for the hearing impaired is

available through TDD service (202)

927–5721.)

List of Subjects in 49 CFR Part 1150

Administrative practice and

procedure, Railroads.

Decided: May 29, 1996.

By the Board, Chairman Morgan, Vice

Chairman Simmons, and Commissioner

Owen.

Vernon A. Williams,

Secretary.

For the reasons set forth in the

preamble, Title 49, Chapter X, part 1150

is amended as set forth below:

PART 1150—CERTIFICATE TO

CONSTRUCT, ACQUIRE, OR OPERATE

RAILROAD LINES

1. The authority citation for part 1150

is revised to read as follows:

Authority: 5 U.S.C. 553 and 559; 49 U.S.C.

701 note (sec. 204 of the ICC Termination Act

of 1995), 721(a), 10502, and 10901.

2. A new § 1150.36 is added to read

as follows:
29974 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Rules and Regulations

§ 1150.36 Exempt construction of

connecting track.

(a) Scope. This class exemption

applies to proceedings involving the

construction and operation of

connecting lines of railroad within

existing rail rights-of-way, or on land

owned by connecting railroads, under

49 U.S.C. 10901 (a), (b), and (c). (See the

reference to connecting track in 49 CFR

1105.6(b)(1).) This class exemption is

designed to expedite and facilitate

connecting track construction while

ensuring full and timely environmental

review. The Surface Transportation

Board (Board) has found that its prior

review of connecting track construction

and operation is not necessary to carry

out the rail transportation policy of 49

U.S.C. 10101; that continued regulation

is not necessary to protect shippers from

abuse of market power; and that the

construction of connecting track would

be of limited scope. See 49 U.S.C.

10502. To use this class exemption, a

pre-filing notice, environmental report,

historic report, and notice of exemption

must be filed that complies with the

procedures in § 1150.36 (b) and (c), and

the Board’s environmental rules,

codified at 49 CFR part 1105.

(b) Environmental requirements. The

environmental regulations at 49 CFR

part 1105 must be complied with fully.

An environmental report containing the

information specified at 49 CFR

1105.7(e), as well as an historic report

containing the information specified at

49 CFR 1105.8(d), must be filed either

before or at the same time as the notice

of exemption is filed. See 49 CFR

1105.7(a). The entity seeking the

exemption authority must also serve

copies of the environmental report on

the agencies listed at 49 CFR 1105.7(b).

Because the environmental report must

include a certification that appropriate

agencies have been consulted in its

preparation (see 49 CFR 1105.7(c)),

parties should begin environmental and

historic consultations well before the

notice of exemption is filed.

Environmental requirements may be

waived or modified where a petitioner

demonstrates in writing that such action

is appropriate. See 49 CFR 1105.10(c). It

is to the advantage of parties to consult

with the Board’s Section of

Environmental Analysis (SEA) at the

earliest possible date to begin

environmental review.

(c) Procedures and dates. (1) At least

20 days prior to the filing of a notice of

exemption with the Board, the party

seeking the exemption authority must

notify in writing: the State Public

Service Commission, the State

Department of Transportation (or

equivalent agency), and the State

Clearinghouse (if there is no

clearinghouse, the State Environmental

Protection Agency), of each State

involved. The pre-filing notice shall

include: the name and address of the

railroad (or other entity proposing to

construct the line) and the proposed

operator; a complete description of the

proposed construction and operation,

including a map; an indication that the

class exemption procedure is being

used; and the approximate date that

construction is proposed to begin. This

pre-filing notice shall include a

certification that the petitioner will

comply with the Board’s environmental

regulations, codified at 49 CFR part

1105, and a statement that those

regulations generally require the Board

to:

(i) Prepare an environmental

assessment (EA) (or environmental

impact statement (EIS) if necessary),

(ii) Make the document (EA or EIS, as

appropriate) available to the parties (and

to the public, upon request to SEA); and

(iii) Accept for filing and

consideration comments on the

environmental document as well as

petitions for stay and reconsideration.

(2) Petitioner must file a verified

notice of exemption with the Board at

least 90 days before the construction is

proposed to begin. In addition to the

information contained in

§ 1150.36(c)(1), the notice shall include

a statement certifying compliance with

the environmental rules at 49 CFR part

1105 and the pre-filing notice

requirements of 49 CFR 1150.36(c)(1).

(3) The Board, through the Director of

the Office of Proceedings, shall publish

a notice in the Federal Register within

20 days after the notice of exemption is

received that describes the construction

project and invites comments. SEA will

then prepare an EA (or, if necessary, an

EIS). The EA generally will be made

available 15 days after the Federal

Register notice. It will be served on all

parties and appropriate agencies. Others

may request a copy from SEA. The

deadline for submission of comments on

the EA will generally be within 30 days

of its availability (see 49 CFR

1105.10(b)). If an EIS is prepared, the

time frames and procedures set forth in

49 CFR 1105.10(a) generally will apply.

(4) The Board’s environmental

document (together with any comments

and SEA’s recommendations) shall be

used in deciding whether to allow the

particular construction project to

proceed under the class exemption and

whether to impose appropriate

mitigating conditions upon its use

(including use of an environmentally

preferable route). If the Board concludes

that a particular project will result in

serious adverse environmental

consequences that cannot be adequately

mitigated, it may deny authority to

proceed with the construction under the

class exemption (the ‘‘no-build’’

alternative). Persons believing that they

can show that the need for a particular

line outweighs the adverse

environmental consequences can file an

application for approval of the proposed

construction under 49 U.S.C. 10901.

(5) No construction may begin until

the Board has completed its

environmental review and issued a final

decision.

(6) Petitions to stay the effective date

of the notice of exemption on other than

environmental and/or historic

preservation grounds must be filed

within 10 days of the Federal Register

publication. Petitions to stay the

effective date of the notice on

environmental and/or historic

preservation grounds may be filed at

any time but must be filed sufficiently

in advance of the effective date to allow

the Board to consider and act on the

petition before the notice becomes

effective. Petitions for reconsideration

must be filed within 20 days of the

Federal Register publication.

(7) The exemption generally will be

effective 70 days after publication in the

Federal Register, unless stayed. If the

notice of exemption contains false or

misleading information, the exemption

is void ab initio and the Board shall

summarily reject the exemption notice.

(8) Where significant environmental

issues have been raised or discovered

during the environmental review

process, the Board shall issue, on or

before the effective date of the

exemption, a final decision allowing the

exemption to become effective and

imposing appropriate mitigating

conditions or taking other appropriate

action such as selecting the ‘‘no build’’

alternative.

(9) Where there has been full

environmental review and no significant

environmental issues have been raised

or discovered, the Board, through the

Director of the Office of Proceedings,

shall issue, on or before the effective

date of the exemption, a final decision

consisting of a Finding of No Significant

Impact (FONSI) to show that the

environmental record has been

considered (see 49 CFR 1105.10(g)).

(10) The Board, on its own motion or

at the request of a party to the case, will

stay the effective date of individual

notices of exemption when an informed

decision on environmental issues

cannot be made prior to the date that the

exemption authority would otherwise

become effective. Stays will be granted

initially for a period of 60 days to
Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Rules and Regulations 29975

permit resolution of environmental

issues and issuance of a final decision.

The Board expects that this 60-day

period will usually be sufficient for

these purposes unless preparation of an

EIS is required. If, however,

environmental issues remain unresolved

upon expiration of this 60-day period,

the Board, upon its own motion, or at

the request of a party to the case, will

extend the stay, as necessary to permit

completion of environmental review

and issuance of a final decision. The

Board’s order will specify the duration

of each extension of the initial stay

period. In cases requiring the

preparation of an EIS, the Board will

extend the stay for a period sufficient to

permit compliance with the procedural

guidelines established by the Board’s

environmental regulations.

(d) Third-Party Consultants. An

environmental and historic report

required under 49 CFR 1105.7 and

1105.8 will not be required where a

petitioner engages a third-party

consultant who is approved by SEA and

acts under SEA’s direction and

supervision in preparing the EA or EIS.

In such a case, the third-party

consultant must act on behalf of the

Board, working under SEA’s direction to

collect the environmental information

that is needed and to compile it into a

draft EA or EIS, which is prepared

under SEA’s direction and then

submitted to SEA for its final review

and approval. See 49 CFR 1105.10(d).

[FR Doc. 96–14902 Filed 6–12–96; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 301

[Docket No. 960111003–6068–03; I.D.

060796A]

Pacific Halibut Fisheries; 1996 Halibut

Landing Report No. 3

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Inseason action.

SUMMARY: The Assistant Administrator

for Fisheries, NOAA, on behalf of the

International Pacific Halibut

Commission (IPHC), publishes these

inseason actions pursuant to IPHC

regulations approved by the U.S.

Government to govern the Pacific

halibut fishery. This action is intended

to enhance the conservation of the

Pacific halibut stock.

EFFECTIVE DATE: Southern Oregon Sport

Halibut Season: 11:59 p.m., Pacific

Daylight Time, June 1, 1996, until June

2, 1996.

FOR FURTHER INFORMATION CONTACT:

Steven Pennoyer, 907-586-7221;

William W. Stelle, Jr., 206-526-6140; or

Donald McCaughran, 206-634-1838.

SUPPLEMENTARY INFORMATION: The IPHC,

under the Convention between the

United States of America and Canada

for the Preservation of the Halibut

Fishery of the Northern Pacific Ocean

and Bering Sea (signed at Ottawa,

Ontario, on March 2, 1953), as amended

by a Protocol Amending the Convention

(signed at Washington, DC, on March

29, 1979), has issued this inseason

action pursuant to IPHC regulations

governing the Pacific halibut fishery.

The regulations have been approved by

NMFS (60 FR 14651, March 20, 1995,

and amended at 61 FR 11337, March 20,

1996). On behalf of the IPHC, this

inseason action is published in the

Federal Register to provide additional

notice of its effectiveness, and to inform

persons subject to the inseason action of

the restrictions and requirements

established therein.

Inseason Action

1996 Halibut Landing Report No. 3

Southern Oregon Sport Halibut Season

to Close June 1

The preliminary catch estimate for the

1996 sport halibut fishery between the

Florence North Jetty (Siuslaw River,

44°01°08′′ N. lat.) and the California

border (42°00°00 N. lat.) indicates the

5,999 lb (2.72 metric tons (mt)) catch

limit will be reached on June 1.

Therefore, the sport halibut fishery in

this area will close at 11:59 p.m. on June

1.

Sport fishing for Pacific halibut will

reopen on June 2 and remain open

through August 1, 7 days a week, only

in the area inside the 30–fathom curve

nearest to the coastline as plotted on

National Ocean Service charts

numbered 18520, 18580, and 18600

from the Florence North Jetty (Siuslaw

River) to the California border, or until

1,500 lb (.68 mt) are estimated to have

been taken (except that any poundage

remaining unharvested after the earlier

season will be added to this season) and

the season is closed by the IPHC,

whichever occurs first. The daily bag

limit remains two halibut per person,

one with a minimum overall size limit

of 32 inches (81.28 centimeters (cm))

and the second with a minimum overall

size limit of 50 inches (127.0 cm).

Dated: June 7, 1996.

Richard H. Schaefer,

Director, Office of Fisheries Conservation and

Management, National Marine Fisheries

Service.

[FR Doc. 96–15058 Filed 6–12–96; 8:45 am]

BILLING CODE 3510–22–F