Federal Register / Vol. 66, No. 4 / Friday, January 5, 2001 / Rules and Regulations 1045

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612) we considered

whether this rule will have a significant

economic impact on a substantial

number of small entities. The term

‘‘small entities’’ comprises small

businesses, not-for-profit organizations

that are independently owned and

operated and are not dominant in their

field, and governmental jurisdictions

with populations of less than 50,000.

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.

This rule may affect the following

entities, some of which may be small

entities: the owners or operators of

vessels intending to transit or anchor in

the northern part of Hillsborough Bay

on January 27, 2001 from 8 a.m. to 6

p.m.

This special local regulation will not

have a significant economic impact on

a substantial number of small entities

because the regulation will only be in

effect for 10 hours in a limited area.

Collection of Information

This rule contains no collection of

information requirements under the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501–3520).

Federalism

We have analyzed this rule under

Executive Order 13132 and have

determined that the rule does not have

implications for federalism under that

order.

Unfunded Mandates Reform Act

The Unfunded Mandates Reform Act

of 1995 (2 U.S.C. 1531–1538) governs

the issuance of Federal regulations that

require unfunded mandates. An

unfunded mandate is a regulation that

requires a State, local, or tribal

government or the private sector to

incur direct costs without the Federal

Government’s having first provided the

funds to pay those costs. This rule will

not impose an unfunded mandate.

Taking of Private Property

This rule will not effect a taking of

private property or otherwise have

taking implications under E.O. 12630,

Governmental Actions and Interference

with Constitutionally Protected Property

Rights.

Civil Justice Reform

This rule meets applicable standards

in sections 3(a) and 3(b)(2) of E.O.

12988, Civil Justice Reform, to minimize

litigation, eliminate ambiguity, and

reduce burden.

Protection of Children

We have analyzed this rule under E.O.

13045, Protection of Children from

Environmental Health Risks and Safety

Risks. This rule is not an economically

significant rule and does not concern an

environmental risk to health or risk to

safety that may disproportionately affect

children.

Environmental Assessment

The Coast Guard has considered the

environmental impact of this action and

has determined under Figure 2–1,

paragraph 34(h) of Commandant

Instruction M16475.1C, that this rule is

categorically excluded from further

environmental documentation.

List of Subjects in 33 CFR Part 100

Marine safety, Navigation (water),

Reporting and recordkeeping

requirements, Waterways.

For the reasons discussed in the

preamble, the Coast Guard amends 33

CFR Part 100 as follows:

PART 100—MARINE EVENTS

1. The authority citation for Part 100

continues to read as follows:

Authority: 33 U.S.C. 1233, 49 CFR 1.46 and

33 CFR 100.35.

2. Temporarily suspend § 100.734 and

add temporary § 100.35T–00–124 to

read as follows:

§ 100.35T–00–124 Annual Gasparilla

Marine Parade, Hillsborough Bay, Tampa,

FL.

(a) Regulated Area. A regulated area is

established consisting of all waters of

Hillsborough Bay and its tributaries

north of a line drawn along latitude 27–

51.30N. The regulated area includes the

following in their entirety: Hillsborough

Cut ‘‘D’’ Channel, Sparkman Channel,

Ybor Channel, Seddon Channel and the

Hillsborough River south of the John F.

Kennedy Bridge. Coordinates Reference

Datum: NAD 1983.

(b) Special local regulations. (1) Entry

into the regulated area is prohibited to

all commercial marine traffic from 8

a.m. to 6 p.m. EST on January 27, 2001.

(2) The regulated area is an idle

speed, ‘‘no wake’’ zone.

(3) All vessels within the regulated

area shall stay clear of and give way to

all vessels in parade formation in the

Gasparilla Marine Parade.

(4) When within the marked channels

of the parade route, vessels participating

in the Gasparilla Marine Parade may not

exceed the minimum speed necessary to

maintain steerage.

(5) Personnel water craft and vessels

without mechanical propulsion are

prohibited from the parade route.

(6) Northbound vessels in excess of 80

feet in length without mooring

arrangements made prior to January 27,

2001, are prohibited from entering

Seddon Channel unless the vessel is

officially entered in the Gasparilla

Marine Parade. All northbound vessels

in excess of 80 feet without prior

mooring arrangements not officially

entered in the Gasparilla Marine Parade,

must use the alternate route through

Sparkman Channel.

(c) Date. This rule is effective from 8

a.m. to 6 p.m. EST on January 27, 2001.

Dated: December 27, 2000.

G.W. Sutton,

Captain, U.S. Coast Guard, Commander,

Seventh Coast Guard District, Acting.

[FR Doc. 01–345 Filed 1–4–01; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD07–00–134]

Drawbridge Operation Regulations;

Anna Maria Bridge, Across the Gulf

Intracoastal Waterway, Mile 89.2,

Bradenton, FL

AGENCY: Coast Guard, DOT.

ACTION: Notice of temporary deviation

from regulations.

SUMMARY: The Commander, Seventh

Coast Guard District, has approved a

temporary deviation from the

regulations governing the operation of

the Anna Maria bridge across the Gulf

Intracoastal Waterway, mile 89.2,

Bradenton, Florida. This temporary

deviation allows the drawbridge owner

or operator to open only a single leaf

between 8 am and 4 pm, from January

1, 2001 through February 28, 2001. This

temporary deviation is required to allow

the bridge owner to safely complete

repairs of the bridge.

DATES: This deviation is effective from

January 1, 2001 to February 28, 2001.

FOR FURTHER INFORMATION CONTACT: Mr.

Barry Dragon, Chief, Operations Section,

Seventh Coast Guard District, Bridge

Section at (305) 415–6743.

SUPPLEMENTARY INFORMATION: The Anna

Maria bridge across the Gulf Intracoastal

Waterway at Brandenton, is a double

leaf bridge with a vertical clearance of

25 feet above mean high water (MHW)

measured at the fenders in the closed

position with a horizontal clearance of

90 feet. On December 13, 2000, Florida

Department of Transportation, the

drawbridge owner, requested a

1046 Federal Register / Vol. 66, No. 4 / Friday, January 5, 2001 / Rules and Regulations

1EPA revised the NAAQS for PM–10 on July 1,

1987 (52 FR 24672), replacing standards for total

suspended particulates with new standards

applying only to particulate matter up to 10

microns in diameter (PM–10). At that time, EPA

established two PM–10 standards. The annual PM–

10 standard is attained when the expected annual

arithmetic average of the 24-hour samples for a

period of one year does not exceed 50 micrograms

per cubic meter (ug/m3). The 24-hour PM–10

standard of 150 ug/m3 is attained if samples taken

for 24-hour periods have no more than one

expected exceedance per year, averaged over 3

years. See 40 CFR 50.6 and 40 CFR part 50,

appendix K.

On July 18, 1997, EPA reaffirmed the annual PM–

10 standard, and slightly revised the 24-hour PM–

10 standard (62 FR 38651). The revised 24-hour

PM–10 standard is attained if the 99th percentile of

the distribution of the 24-hour results over 3 years

does not exceed 150 ug/m3 at each monitor within

an area.

This finding applies to the outstanding obligation

of the State to submit plans for the Las Vegas Valley

Planning Area addressing the 24-hour and annual

PM–10 standards, as originally promulgated.

Breathing particulate matter can cause significant

health effects, including an increase in respiratory

illness and premature death.

2EPA has concluded that certain moderate area

PM–10 requirements continue to apply after an area

has been reclassified to serious. For a more detailed

discussion of the planning requirements applicable

to the Las Vegas Valley and the relationship

between the moderate area and serious area

requirements after the reclassification of the area to

serious, see 65 FR 37324–37326 (June 14, 2000).

deviation from the current operating

regulation in 33 CFR 117.5 which

requires drawbridge to open promptly

and fully when a request to open is

given. This temporary deviation was

requested to allow necessary repairs to

the drawbridge in a critical time

sensitive manner.

The District Commander has granted

a temporary deviation from the

operating requirements listed in 33 CFR

117.35 for the purpose of repair

completion of the drawbridge. Under

this deviation, the Anna Maria Bridge

need only open one leaf from 8 am until

4 pm, from January 1, 2001 until

February 28, 2001. Single leaf closures

will occur intermittently during this

time period.

Dated: December 21, 2000.

Greg E. Shapley,

Chief, Bridge Administration, Seventh Coast

Guard District.

[FR Doc. 01–346 Filed 1–4–01; 8:45 am]

BILLING CODE 4910–15–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[NV033–FON; FRL–6929–1]

Finding of Failure To Submit a

Required State Implementation Plan

for Particulate Matter, Nevada-Clark

County

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is taking final action to

find that Nevada failed to make

particulate matter (PM–10)

nonattainment area state

implementation plan (SIP) submittals

required for the Las Vegas Valley

Planning Area under the Clean Air Act

(CAA or Act). The Las Vegas Planning

Area was originally classified as a

moderate PM–10 nonattainment area,

but was later reclassified as serious.

Under certain provisions of the Act,

states are required to submit SIPs

providing for, among other things,

reasonable further progress and

attainment of the PM–10 national

ambient air quality standards (NAAQS)

in areas classified as moderate and

serious. The State of Nevada submitted

several plans intended to meet these

requirements. On June 14, 2000, EPA

proposed to disapprove these SIP

submittals. On December 5, 2000, prior

to any final action by EPA, the State of

Nevada withdrew the submittals. As a

result of the State’s withdrawal of the

moderate and serious area SIP

submittals, EPA is today finding that

Nevada failed to make the PM–10

nonattainment area SIP submittals

required for the Las Vegas Valley

Planning Area under the Act.

This action triggers the 18-month time

clock for mandatory application of

sanctions and 2-year time clock for a

federal implementation plan (FIP) under

the Act. This action is consistent with

the CAA mechanism for assuring SIP

submissions.

EFFECTIVE DATE: This action is effective

as of December 20, 2000.

FOR FURTHER INFORMATION CONTACT:

Kenneth Israels, U.S. Environmental

Protection Agency, Region 9, Air

Division (AIR–2), 75 Hawthorne Street,

San Francisco, CA 94105–3901,

Telephone: (415) 744–1194.

SUPPLEMENTARY INFORMATION:

I. Background

A. CAA Planning Requirements

In 1990, Congress amended the Clean

Air Act to address, among other things,

continued nonattainment of the PM–10

NAAQS.1 Pub. L. 101–549, 104 Stat.

2399, codified at 42 U.S.C. 7401–7671q

(1991). On the date of enactment of the

Amendments, PM–10 areas meeting the

qualifications of section 107(d)(4)(B) of

the amended Act were designated

nonattainment by operation of law.

These areas included all former Group

I areas identified in 52 FR 29383

(August 7, 1987) and clarified in 55 FR

45799 (October 31, 1980), and any other

areas violating the PM–10 NAAQS prior

to January 1, 1989. The Las Vegas Valley

Planning Area was identified in the

August 7, 1987, Federal Register (52 FR

29384). A Federal Register action

announcing all areas designated

nonattainment for PM–10 at enactment

of the 1990 amendments was published

on March 15, 1991 (56 FR 11101). The

boundaries of the Las Vegas Valley

nonattainment area (Hydrographic Area

212) are codified at 40 CFR 81.329.

Once an area is designated

nonattainment, section 188 of the

amended Act outlines the process for

classification of the area and establishes

the area’s attainment date. In

accordance with section 188(a), at the

time of designation, all PM–10

nonattainment areas, including Las

Vegas Valley, were initially classified as

moderate by operation of law. Section

188(b)(1) of the Act further provides that

moderate areas can subsequently be

reclassified as serious before the

applicable moderate area attainment

date if at any time EPA determines that

the area cannot ‘‘practicably’’ attain the

PM–10 NAAQS by that date.

Air monitoring of the Las Vegas

Valley during the past 18 years has

measured some of the highest PM–10

pollution in the United States. Nevada

submitted a moderate area PM–10 plan

for the Las Vegas Valley on December 6,

1991. Based on this submittal, EPA

determined on January 8, 1993, that the

Las Vegas Valley could not practicably

attain both the annual and 24-hour

standards by the applicable attainment

deadline for moderate areas (December

31, 1994, per section 188(c)(1) of the

Act), and reclassified the Las Vegas

Valley as serious (58 FR 3334). In

accordance with section 189(b)(2) of the

Act, SIP revisions for the Las Vegas

Valley addressing the requirements for

serious PM–10 nonattainment areas in

section 189(b) and (c) of the Act were

required to be submitted by August 8,

1994 and February 8, 1997.

The moderate and serious area

requirements, as they currently pertain

to the Las Vegas Valley nonattainment

area, include: 2

(a) A demonstration (including air

quality modeling) that the plan will

provide for attainment as expeditiously

as practicable but no later than

December 31, 2001, or an alternative

demonstration that attainment by that

date would be impracticable and that

the plan provides for attainment by the

most expeditious alternative date