34732 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

Public lands—mineral resources,

Reporting and recordkeeping

requirements, Surety bonds.

Dated: June 27, 1996.

Sylvia V. Baca,

Assistant Secretary, Land and Minerals

Management.

For the reasons set forth in the

preamble, we amend 30 CFR part 256 as

follows:

PART 256—LEASING OF SULPHUR OR

OIL AND GAS IN THE OUTER

CONTINENTAL SHELF

1. The Authority citation for part 256

continues to read as follows:

Authority: 43 U.S.C. 1331 et seq.

2. Section 256.47(e)(2) is revised to

read as follows:

§ 256.47 Award of leases.

* * * * *

(e) * * *

(2) The authorized officer must accept

or reject the bid within 90 days. The

authorized officer may extend the time

period for acceptance or rejection of a

bid for 15 working days or longer, if

circumstances warrant. Any bid not

accepted within the prescribed time

period, including any extension thereof,

is deemed rejected.

* * * * *

[FR Doc. 96–17013 Filed 7–2–96; 8:45 am]

BILLING CODE 4310–MR–M

DEPARTMENT OF DEFENSE

Department of the Army

Corps of Engineers

33 CFR Part 334

Chesapeake Bay Off Fort Monroe, VA,

and Canaveral Harbor Adjacent to the

Navy Pier at Port Canaveral, FL;

Restricted Areas, and Pacific Ocean,

Hawaii, Danger Zones

AGENCY: U.S. Army Corps of Engineers,

DOD.

ACTION: Final rule.

SUMMARY: The Corps is amending the

regulations which establish a restricted

area in the waters off of Fort Monroe,

Virginia, which is located at Hampton

Roads in the Chesapeake Bay. The

purpose of the amendment is to increase

the size of the restricted area to protect

sensitive test equipment operated by the

Navy in that area. The equipment is

susceptible to damage by commercial

fishing vessels, anchoring and dragging.

The Corps is amending the regulations

which establish a restricted area in

Canaveral Harbor in the waters adjacent

to the Navy pier at Port Canaveral,

Florida. This amendment concerns the

replacement of a warning light system

in the Canaveral area. The change is

necessary because the existing rules

refer to the display of a nonexistent red

ball and the Port Canaveral water tower

which has been dismantled. The marker

light has been relocated. The Corps is

also making several editorial changes to

the regulations which establish danger

zones in the waters offshore of Hawaii.

The amendments reflect a change in the

use of a danger zone and the identity of

the Agency responsible for enforcement

of the regulations. The changes are

being made as a result of an ongoing

review of the regulations.

EFFECTIVE DATE: August 2, 1996.

ADDRESSES: HQUSACE, CECW–OR,

Washington, D.C. 20314–1000.

FOR FURTHER INFORMATION CONTACT:

Mr. Ralph Eppard, Regulatory Branch,

CECW–OR at (202) 761–1783, or

questions concerning the Fort Monroe

restricted area may be directed to Ms.

Alice G. Riley of the Norfolk District at

(804) 441–7389, and questions

concerning the Port Canaveral restricted

area may be directed to Ms. Shirley

Stokes of the Jacksonville District at

(904) 232–1668.

SUPPLEMENTARY INFORMATION: Pursuant

to its authorities in Section 7 of the

Rivers and Harbors Act of 1917 (40 Stat.

266; 33 U.S.C. 1) and Chapter XIX of the

Army Appropriations Act of 1919 (40

Stat. 892; 33 U.S.C. 3), the Corps is

amending the regulations in 33 CFR Part

334.360, 334.530 and 334.1340.

The Commanding Officer, Naval

Surface Warfare Center, Dahlgren

Detachment, Fort Monroe, Virginia has

requested an amendment to the

regulations in 33 CFR 334.360, which

establish a restricted area in the

Chesapeake Bay off Fort Monroe,

Virginia. In addition, the Commanding

Officer, Naval Ordnance Test Unit, Cape

Canaveral, Florida, has requested an

amendment to the restricted area

regulations in 33 CFR 334.530 to delete

a reference to a red warning light on a

water tower and refer in its place to a

new warning light system. We

published these proposed amendments

to the regulations in the notice of

proposed rulemaking section of the

Federal Register on February 27, 1996,

with the comment period expiring on

April 12, 1996 (61 FR 7231–7132). We

received no comments in response to

the proposed rule. The Commander,

Naval Base, Pearl Harbor has requested

that minor editorial changes be made to

the regulations which establish several

danger zones in the waters offshore of

Hawaii to remove obsolete material. The

title of the danger zone in 33 CFR

1340(a)(4) is changed from ‘‘Aerial

bombing and naval shore bombardment

area, Kahoolawe Island Hawaii’’ to

‘‘Submerged unexploded ordnance

danger zone, Kahoolawe Island,

Hawaii’’ and the enforcing authority in

paragraph (c) is changed from

‘‘Commander, Third Fleet, Pearl

Harbor’’ to ‘‘Commander, Naval Base,

Pearl Harbor, Hawaii 96860–5020.’’

These amendments to the danger zones

in 33 CFR 334.1340 are being

promulgated without being published as

proposed rules with opportunity for

public comment because the changes

are editorial in nature and since the

revisions do not change the boundaries

or increase or decrease the restrictions

on the public’s use or entry into the

designated danger zones, the changes

will have practically no effect on the

public, and accordingly, public

comment is unnecessary and

impractical.

Economic Assessment and Certification

This final rule is issued with respect

to a military function of the Defense

Department and the provisions of

Executive Order 12866 do not apply.

This final rule has been reviewed under

the Regulatory Flexibility Act (Pub. L.

96–354), which requires the preparation

of a regulatory flexibility analysis for

any regulation that will have a

significant economic impact on a

substantial number of small entities

(i.e., small businesses and small

governments). The Corps expects that

the economic impact of the changes to

the restricted areas will have practically

no impact on the public, no anticipated

navigational hazard or interference with

existing waterway traffic and

accordingly, certifies that this final rule

will have no significant economic

impact on small entities.

National Environmental Policy Act

Certification

An environmental assessment has

been prepared for each of these actions.

We have concluded, based on the minor

nature of these amendments, that these

amendments to danger zones and

restricted areas will not have a

significant impact to the human

environment, and preparation of an

environmental impact statement is not

required. Copies of the environmental

assessment may be reviewed at the

District Offices listed at the end of

SUPPLEMENTARY INFORMATION, above.

List of Subjects in 33 CFR Part 334

Navigation (water), Transportation,

Danger Zones.
Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 34733

For the reasons set out in the

preamble, 33 CFR Part 334 is amended

as follows:

PART 334—DANGER ZONE AND

RESTRICTED AREA REGULATIONS

1. The authority citation for Part 334

continues to read as follows:

Authority: 40 Stat. 266 (33 U.S.C. 1) and

40 Stat. 892 (33 U.S.C. 3).

2. Section 334.360 is amended by

revising paragraphs (a) and (b)(1) to read

as follows:

§ 334.360 Chesapeake Bay off Fort

Monroe, Virginia; restricted area, U.S. Naval

Base and Naval Surface Weapons Center.

(a) The area. Beginning at latitude

37°01′03′′, longitude 076°17′52′′; thence

to latitude 37°01′00′′, longitude

076°16′11′′; thence to latitude 36°59′43′′,

longitude 076°16′11′′; thence to latitude

36°59′18′′, longitude 076°17′52′′; thence

to latitude 37°00′05′′, longitude

076°18′18′′; thence north along the

seawall to the point of beginning.

(b) The regulations. (1) Anchoring,

trawling, fishing and dragging are

prohibited in the restricted area, and no

object, either attached to a vessel or

otherwise, shall be placed on or near the

bottom unless authorized by the Facility

Manager, Naval Surface Warfare Center,

Dahlgren Division Coastal Systems

Station Detachment, Fort Monroe,

Virginia.

* * * * *

3. Section 334.530 is amended by

revising paragraph (b)(2) to read as

follows:

§ 334.530 Canaveral Harbor adjacent to the

Navy Pier at Port Canaveral, Fla.; restricted

area.

* * * * *

(b) * * *

(2) The area will be closed when a red

square flag (bravo), and depending on

the status of the hazardous operation,

either an amber or red beacon, steady

burning or rotating, day or night, when

displayed from any of the three berths

along the wharf.

* * * * *

4. Section 334.1340 is amended by

redesignating paragraphs (a)(3) and

(a)(4) as paragraphs (a)(1) and (a)(2),

respectively, revising the heading of

newly designated paragraph (a)(2), and

revising paragraph (c) to read as follows:

§ 334.1340 Pacific Ocean, Hawaii; danger

zones.

(a) Danger zones. (1) * * *

(2) Submerged unexploded ordnance

danger zone, Kahoolawe Island, Hawaii.

* * *

* * * * *

(c) Enforcing agency. The regulations

in this section shall be enforced by

Commander, Naval Base, Pearl Harbor,

Hawaii 96860–5020, and such agencies

as he/she may designated.

Dated: June 19, 1996.

Stanley G. Genega,

Major General, U.S. Army, Director of Civil

Works.

[FR Doc. 96–16850 Filed 7–2–96; 8:45 am]

BILLING CODE 3710–92–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 70

[AD-FRL–5530–4]

Title V Clean Air Act Final Interim

Approval of Operating Permits

Program; Maryland

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final Interim Approval.

SUMMARY: EPA is promulgating interim

approval of the operating permits

program submitted by Maryland for the

purpose of complying with federal

requirements for an approvable program

to issue operating permits to all major

stationary sources, and to certain other

sources. Maryland has substantially, but

not fully, met the requirements for an

operating permits program set out in

title V of the Clean Air Act (CAA) and

40 CFR part 70. Upon the effective date

of this program approval, those sources

must comply with Maryland’s

regulatory requirements to submit an

application for an operating permit

pursuant to the state’s submittal

schedule.

EFFECTIVE DATE: August 2, 1996.

ADDRESSES: Copies of Maryland’s

submittal and other supporting

information used in developing the final

interim approval are available for

inspection during normal business

hours at the following location: Air,

Radiation, and Toxics Division, U.S.

Environmental Protection Agency,

Region III, 841 Chestnut Building,

Philadelphia, PA 19107.

FOR FURTHER INFORMATION CONTACT: Lisa

M. Donahue, (3AT23), Air, Radiation

and Toxics Division, U.S.

Environmental Protection Agency,

Region III, 841 Chestnut Building,

Philadelphia, PA 19107, (215) 566–

2062, donahue.lisa@epamail.epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

Title V of the 1990 CAA Amendments

(sections 501–507 of CAA), and

implementing regulations at 40 Code of

Federal Regulations (CFR) part 70

require that states seeking to administer

a title V operating permits program

develop and submit a program to EPA

by November 15, 1993, and that EPA act

to approve or disapprove each program

within 1 year after receiving the

submittal. EPA’s program review occurs

pursuant to section 502 of the Act and

the part 70 regulations, which together

outline criteria for approval or

disapproval of an operating permits

program submittal. Where a program

substantially, but not fully, meets the

requirements of part 70, EPA may grant

the program interim approval for a

period of up to 2 years. If EPA has not

fully approved a program by November

15, 1995, or by the expiration of the

interim approval period, it must

establish and implement a federal

program.

EPA compiled a technical support

document (TSD), associated with the

proposal, which contains a detailed

analysis of the operating permits

program. On October 30, 1995, EPA

proposed interim approval of the

operating permits program for

Maryland, and requested comments on

that proposal. (See 60 FR 55231). In this

document EPA is taking final action to

promulgate interim approval of the

operating permits program for

Maryland.

II. Analysis of State Submission

On May 9, 1995, Maryland submitted

an operating permits program to satisfy

the requirements of the CAA and 40

CFR part 70 and the submittal was

found to be administratively complete

pursuant to 40 CFR 70.4(e)(1). The

submittal was supplemented by

additional material on June 9, 1995.

EPA reviewed the program against the

criteria for approval in section 502 of

the CAA and the part 70 regulations.

EPA determined, as fully described in

the notice of proposed interim approval

of the state’s operating permits program

(see 60 FR 55231 (October 30, 1995))

and the TSD for this action, that

Maryland’s operating permits program

substantially meets the requirements of

the CAA and part 70.

III. Response to Public Comments

EPA received several comments

during the public comment period.

Additional comments to clarify

comments submitted during the

comment period were submitted after

the expiration of the public comment

period. These comments and EPA’s

responses are grouped into four

categories. All comments are contained