Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31035

PART 170—MISCELLANEOUS

REGULATIONS RELATING TO LIQUOR

Par. 12. The authority citation for part

170 is revised to read as follows:

Authority: 26 U.S.C. 5001, 5002, 5111,

5121, 5171, 5205, 5291, 5301, 5362, 7805; 31

U.S.C. 9304, 9306.

Par. 13. Subpart E, §§ 170.85–170.100

and Subpart O, §§ 170.301–170.311 are

removed.

Signed: May 7, 1996.

Bradley A. Buckles,

Acting Director.

Approved: May 21, 1996.

John P. Simpson,

Deputy Assistant Secretary, Regulatory, Tariff

& Trade Enforcement.

[FR Doc. 96–14853 Filed 6–18–96; 8:45 am]

BILLING CODE 4810–31–P

DEPARTMENT OF EDUCATION

34 CFR Part 668

RIN 1840–AB84

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:

Lorraine Kennedy, U.S. Department of

Education, 600 Independence Avenue,

SW., (Room 3053, ROB–3) Washington,

DC 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

the Federal Register on December 1,

1995 (60 FR 61830 [Ability-to-Benefit]).

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 May 1, 1996. 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, Loan

programs-education, Reporting and

recordkeeping requirements, Student

aid, Vocational education.

Dated: June 14, 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.

§§ 668.143 through 668.146, 668.148

through 668.153, 668.156 [Amended]

2. Sections 668.143, 668.144, 668.145,

668.146, 668.148, 668.149, 668.150,

668.151, 668.152, 668.153, and 668.156

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 1840–0627)’’.

[FR Doc. 96–15649 Filed 6–18–96; 8:45 am]

BILLING CODE 4000–01–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[LA–16–1–7165a; FRL–5522–6]

Approval and Promulgation of Air

Quality Plans; Louisiana; Revision to

the State Implementation Plan (SIP)

Addressing Ozone Monitoring

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: The EPA is approving a

revision to Louisiana’s SIP for ozone.

This action is based upon a revision

request which was submitted by the

State to satisfy the requirements of the

Clean Air Act (Act), as amended

November 15, 1990, and the

Photochemical Assessment Monitoring

Stations (PAMS) regulations. The PAMS

regulations require the State to provide

for the establishment and maintenance

of an enhanced ambient air quality

monitoring network in the form of

PAMS by November 12, 1993.

DATES: This final rule is effective August

19, 1996, unless adverse comments are

received by July 19 1996. If the effective

date is delayed, timely notice will be

published in the Federal Register (FR).

ADDRESSES: Written comments should

be addressed to Mr. Thomas H. Diggs,

Chief, Air Planning Section (6PD–L), at

the EPA Regional Office listed below.

Copies of the documents relevant to this

final action are available for public

inspection during normal business

hours at the following locations.

Interested persons wanting to examine

these documents should make an

appointment with the appropriate office

at least 24 hours before the visiting day.

Environmental Protection Agency,

Region 6, Multimedia Planning and

Permitting Division, 1445 Ross

Avenue, Suite 700, Dallas, Texas

75202–2733, telephone (214) 665–

7214.

Louisiana Department of Environmental

Quality, Office of Air Quality and

Radiation Protection, H. B. Garlock

Building, 7290 Bluebonnet Blvd.,

Baton Rouge, Louisiana 70810.

FOR FURTHER INFORMATION CONTACT: Ms.

Jeanne M. McDaniels, Air Planning

Section (6PD–L), Environmental

Protection Agency, Region 6, 1445 Ross

Avenue, Dallas, Texas 75202–2733,

telephone (214) 665–7254.

SUPPLEMENTARY INFORMATION:

I. Background

On September 10, 1993, the Louisiana

Department of Environmental Quality
31036 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

1 ‘‘General Preamble for the Implementation of

Title I of the Clean Air Act Amendments of 1990,’’

57 FR 13515, dated April 16, 1992.

(LDEQ) submitted to the EPA a SIP

revision incorporating PAMS into the

ambient air quality monitoring network

of State or Local Air Monitoring Stations

(SLAMS) and National Air Monitoring

Stations (NAMS). The State will

establish and maintain PAMS as part of

its overall ambient air quality

monitoring network.

Section 182(c)(1) of the Act and the

General Preamble 1 require that the EPA

promulgate rules for enhanced

monitoring of ozone, oxides of nitrogen

(NOX), and volatile organic compounds

(VOC) no later than 18 months after the

date of the enactment of the Act. In

addition, the Act requires that,

following the promulgation of the rules

relating to enhanced ambient

monitoring, the State must commence

actions to adopt and implement a

program, based on these rules, to

improve monitoring for ambient

concentrations of ozone, NOX and VOC

and to improve monitoring of emissions

of NOX and VOC.

The final PAMS rule was promulgated

by the EPA on February 12, 1993 (58 FR

8452). Section 58.40(a) of the rule

requires the State to submit a PAMS

network description, including a

schedule for implementation, to the

Administrator within six months after

promulgation or by August 12, 1993.

Further, section 58.20(f) requires the

State to provide for the establishment

and maintenance of a PAMS network

within nine months after promulgation

of the final rule or by November 12,

1993.

On July 1, 1993, the LDEQ submitted

to the EPA a proposed SIP revision

which included a PAMS network

description. The LDEQ held a public

hearing on the proposed PAMS SIP

revision on August 23, 1993. No

comments were received either during

the public hearing or the public

comment period with the exception of

one written comment submitted by the

EPA as discussed below.

On September 10, 1993, the State

submitted the official PAMS SIP

revision. Louisiana’s PAMS SIP revision

is intended to meet the requirements of

section 182(c)(1) of the Act and effect

compliance with the PAMS regulations

promulgated on February 12, 1993, and

codified at 40 CFR part 58.

On September 27, 1993, the LDEQ

submitted to the EPA a revised PAMS

network description including a

schedule for implementation. (The EPA

conditionally approved the network

description on April 21, 1994, and

granted final approval of the network

description on October 13, 1995.)

It should be noted that, since network

descriptions may change annually, they

are not part of the SIP as recommended

by the EPA’s ‘‘Guideline for the

Implementation of the Ambient Air

Monitoring Regulations 40 CFR Part 58

(November 1979).’’ The network

description is negotiated and approved

during an annual review as required by

40 CFR sections 58.25, 58.36, and 58.46.

EPA did, however, require States to

provide a copy of the proposed PAMS

network description, including phase-in

schedule, on file for public inspection

during the public notice/comment

period for the PAMS SIP revision or,

alternatively, provide information to the

public upon request concerning the

State’s plans for implementing the rules.

As stated earlier, Louisiana included a

network description and

implementation schedule in the

proposed PAMS SIP revision.

On November 17, 1993, the EPA sent

the Governor of Louisiana a letter

finding the September 10, 1993, PAMS

SIP submittal administratively

complete.

II. Analysis of State Submittal

The Louisiana PAMS SIP revision

will provide Louisiana with the

authority to establish and operate the

PAMS sites, secure State funds for

PAMS and provide the EPA with the

authority to enforce the implementation

of PAMS, since their implementation is

required by the Act.

The criteria used to review the

proposed SIP revision are derived from

the PAMS regulations codified at 40

CFR Part 58; the EPA’s ‘‘Guideline for

the Implementation of the Ambient Air

Monitoring Regulations 40 CFR part

58’’; a September 2, 1993, memorandum

from G. T. Helms, Office of Air Quality

Planning and Standards, entitled, ‘‘Final

Boilerplate Language for the PAMS SIP

Submittal’’; the Act; and the General

Preamble.

The Louisiana PAMS SIP revision

provides that the State will implement

PAMS as required in 40 CFR Part 58, as

amended February 12, 1993. The State

will amend its SLAMS and its NAMS

monitoring systems to include the

PAMS requirements. It will develop its

PAMS network design and establish

monitoring sites pursuant to 40 CFR

part 58 in accordance with an approved

network description and as negotiated

with the EPA through the section 105

grant process on an annual basis. To

date, the State has successfully

implemented a PAMS network as

required in 40 CFR part 58.

The Louisiana PAMS SIP revision

also includes a provision to meet quality

assurance requirements as contained in

40 CFR part 58, appendix A. The State

also assures that the State’s PAMS

monitors will meet monitoring

methodology requirements contained in

40 CFR part 58, appendix C. Lastly, the

State assures that the Louisiana PAMS

network will be phased in over a period

of five years as required in 40 CFR

58.44. The State’s PAMS SIP submittal

and the EPA’s technical support

document are available for viewing at

the EPA Region 6 office and the LDEQ’s

Baton Rouge office as outlined under

the ADDRESSES section of this FR

document.

The State addressed, in the final

PAMS SIP submittal, EPA Region 6’s

comment on the proposed SIP that the

SIP should include a clear statement

that the LDEQ intends to implement

PAMS pursuant to 40 CFR part 58 as

amended February 12, 1993.

III. Rulemaking Action

In this action, the EPA is approving

the revision to the Louisiana Ozone SIP

for PAMS. The EPA has reviewed this

revision to the Louisiana SIP and is

approving it as submitted because it

meets the requirements of section

182(c)(1) of the Act and the appropriate

sections of 40 CFR part 58.

Copies of the State’s SIP revision and

the Technical Support Document (TSD)

detailing EPA’s review of the SIP

revision are available at the address

listed in the ADDRESSES section above.

For a detailed analysis of the SIP

revision, the reader is referred to the

TSD.

The EPA is publishing this action

without prior proposal because the

Agency views this as a noncontroversial

revision and anticipates no adverse

comments. However, in a separate

document in this Federal Register

publication, the EPA is proposing to

approve the SIP revision should adverse

or critical comments be filed. Thus,

today’s direct final action will be

effective August 19, 1996, unless by July

19, 1996, adverse or critical comments

are received.

If the EPA receives such comments,

this action will be withdrawn before the

effective date by publishing a

subsequent document that will

withdraw the final action. All public

comments received will then be

addressed in a subsequent final rule

based on this action serving as a

proposed rule. The EPA will not

institute a second comment period on

this action. Any parties interested in

commenting on this action should do so

at this time. If no such comments are
Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31037

received, the public is advised that this

action will be effective August 19, 1996.

The EPA has reviewed this request for

revision of the federally-approved SIP

for conformance with the provisions of

the Act as amended November 15, 1990.

The EPA has determined that this action

conforms with those requirements.

Nothing in this action should be

construed as permitting, allowing or

establishing a precedent for any future

request for revision to any SIP. Each

request for revision to a SIP shall be

considered separately in light of specific

technical, economic, and environmental

factors and in relation to relevant

statutory and regulatory requirements.

Under the Regulatory Flexibility Act,

5 U.S.C. 600 et seq., the EPA must

prepare a regulatory flexibility analysis

assessing the impact of any proposed of

final rule on small entities. Small

entities include small businesses, small

not-for-profit enterprises, and

government entities with jurisdiction

over populations that are less than

50,000.

The SIP revision approvals under

section 110 and subchapter I, part D, of

the Act do not create any new

requirements, but simply approve

requirements that the State is already

imposing. Therefore, because the

Federal SIP approval does not impose

any new requirements, the EPA certifies

that this proposed rule would not have

a significant impact on any small

entities affected. Moreover, due to the

nature of the Federal-State relationship

under the Act, preparation of a

regulatory flexibility analysis would

constitute Federal inquiry into the

economic reasonableness of State

actions. The Act forbids the EPA to base

its actions concerning SIP’s on such

grounds. Union Electric Co. v.

U.S.E.P.A., 427 U.S. 246, 256–266 (S. Ct.

1976); 42 U.S.C. section 7410(a)(2).

Under section 202 of the Unfunded

Mandates Reform Act of 1995

(Unfunded Mandates Act), signed into

law on March 22, 1995, the EPA must

prepare a budgetary impact statement to

accompany any proposed or final rule

that includes a Federal mandate that

may result in estimated costs to State,

local, or tribal governments in the

aggregate, or to the private sector, of

$100 million or more. Under section

205, the EPA must select the most costeffective and least burdensome

alternative that achieves the objectives

of the rule and is consistent with

statutory requirements. Section 203

requires the EPA to establish a plan for

informing and advising any small

governments that may be significantly

or uniquely impacted by the rule.

The EPA has determined that the

approval action promulgated today does

not include a Federal mandate that may

result in estimated costs of $100 million

or more to State, local, or tribal

governments in the aggregate, or to the

private sector. This Federal action

approves pre-existing requirements

under State or local law, and imposes

no new Federal requirements.

Accordingly, no additional costs to

State, local, or tribal governments, or to

the private sector, result from this

action.

This action has been classified as a

Table 3 action for signature by the

Regional Administrator under the

procedures published in the Federal

Register on January 19, 1989 (54 FR

2214–2225), as revised by a July 10,

1995, memorandum from Mary Nichols,

Assistant Administrator for Air and

Radiation. The Office of Management

and Budget has exempted this

regulatory action from Executive Order

12866 review.

Under section 307(b)(1) of the Act, 42

U.S.C. 7607(b), petitions for judicial

review of this action must be filed in the

United States Court of Appeals for the

appropriate circuit by August 19, 1996.

Filing a petition for reconsideration by

the Administrator of this final rule does

not affect the finality of this rule for the

purposes of judicial review nor does it

extend the time within which a petition

for judicial review may be filed, and

shall not postpone the effectiveness of

such rule or action. This action may not

be challenged later in proceedings to

enforce its requirements. (See section

307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Hydrocarbons,

Nitrogen dioxide, Ozone, Volatile

organic compounds.

Dated: June 10, 1996.

Allyn M. Davis,

Acting Regional Administrator.

Part 52, chapter I, title 40 of the Code

of Federal Regulations is amended as

follows:

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

Subpart T—Louisiana

2. Section 52.995 is added to read as

follows:

§ 52.995 Enhanced ambient air quality

monitoring.

(a) The Governor of the State of

Louisiana submitted the photochemical

assessment monitoring stations (PAMS)

State Implementation Plan (SIP)

revision for the Baton Rouge ozone

nonattainment area on September 10,

1993. This SIP submittal satisfies 40

CFR 58.20(f), which requires the State to

provide for the establishment and

maintenance of PAMS.

(b) The Baton Rouge ozone

nonattainment area is classified as

Serious and includes Ascension, East

Baton Rouge, Iberville, Livingston,

Pointe Coupee, and West Baton Rouge

Parishes.

[FR Doc. 96–15589 Filed 6–18–96; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 180

[OPP–300418A; FRL–5375–9]

RIN 2070–AB78

Oxidized Pine Lignin, Sodium Salt;

Tolerance Exemption

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This document establishes an

exemption from the requirement of a

tolerance for residues of oxidized pine

lignin, sodium salt when used as an

inert ingredient (surfactant or related

adjuvant of a surfactant) in pesticide

formulations applied to growing crops,

to raw agricultural commodities after

harvest, or to animals. LignoTech USA,

Inc. requested this regulation pursuant

to the Federal Food, Drug and Cosmetic

Act (FFDCA).

EFFECTIVE DATE: This regulation

becomes effective June 19, 1996.

ADDRESSES: Written objections,

identified by the docket number, [OPP–

300418A] may be submitted to: Hearing

Clerk (1900), Environmental Protection

Agency, Rm. M3708, 401 M St., SW.,

Washington, DC 20460. A copy of any

objections and hearing requests filed

with the Hearing Clerk should be

identified by the docket number and

submitted to: Public Response and

Program Resources Branch, Field

Operations Division (7506C), Office of

Pesticide Programs, Environmental

Protection Agency, 401 M St., SW.,

Washington, DC 20460. In person, bring

copy of objections and hearing request

to: Rm. 1132, CM #2, 1921 Jefferson

Davis Hwy., Arlington, VA 22202. Fees

accompanying objections shall be

labeled ‘‘Tolerance Petition Fees’’ and