26488 Federal Register / Vol. 65, No. 89 / Monday, May 8, 2000 / Rules and Regulations

publishing this interim rule without

prior opportunity for public comment.

Immediate action is warranted to

remove an unnecessary regulatory

burden on the public. A portion of Los

Angeles County, CA, was quarantined

due to the possibility that the Oriental

fruit fly could be spread from this area

to noninfested areas of the United

States. Since this situation no longer

exists, immediate action is necessary to

remove the quarantine on Los Angeles

County, CA, and to relieve the

restrictions on the interstate movement

of regulated articles from that area.

Because prior notice and other public

procedures with respect to this action

are impracticable and contrary to the

public interest under these conditions,

we find good cause under 5 U.S.C. 553

to make this action effective less than 30

days after publication. We will consider

comments that are received within 60

days of publication of this rule in the

Federal Register. After the comment

period closes, we will publish another

document in the Federal Register. The

document will include a discussion of

any comments we receive and any

amendments we are making to the rule

as a result of the comments.

Executive Order 12866 and Regulatory

Flexibility Act

This rule has been reviewed under

Executive Order 12866. For this action,

the Office of Management and Budget

has waived its review process required

by Executive Order 12866.

This interim rule relieves restrictions

on the interstate movement of regulated

articles from a portion of Los Angeles

County, CA.

Within the previously quarantined

portion of Los Angeles County, CA,

there are approximately 219 entities that

will be affected by this rule. All would

be considered small entities. These

include 1 airport, 5 caterers, 2 certified

farmer’s markets, 2 community gardens,

154 fruit sellers, 1 grower, 1 landfill, 52

nurseries, and 1 swap meet. These small

entities comprise less than 1 percent of

the total number of similar small

entities operating in the State of

California. In addition, these small

entities sell regulated articles primarily

for local intrastate, not interstate,

movement so the effect, if any, of this

regulation on these entities appears to

be minimal.

The effect on those few entities that

do move regulated articles interstate

was minimized by the availability of

various treatments that, in most cases,

allowed these small entities to move

regulated articles interstate with very

little additional cost.

Under these circumstances, the

Administrator of the Animal and Plant

Health Inspection Service has

determined that this action will not

have a significant economic impact on

a substantial number of small entities.

Executive Order 12372

This program/activity is listed in the

Catalog of Federal Domestic Assistance

under No. 10.025 and is subject to

Executive Order 12372, which requires

intergovernmental consultation with

State and local officials. (See 7 CFR part

3015, subpart V.)

Executive Order 12988

This rule has been reviewed under

Executive Order 12988, Civil Justice

Reform. This rule: (1) Preempts all State

and local laws and regulations that are

inconsistent with this rule; (2) has no

retroactive effect; and (3) does not

require administrative proceedings

before parties may file suit in court

challenging this rule.

Paperwork Reduction Act

This rule contains no new

information collection or recordkeeping

requirements under the Paperwork

Reduction Act of 1995 (44 U.S.C. 3501

et seq.).

List of Subjects in 7 CFR Part 301

Agricultural commodities, Plant

diseases and pests, Quarantine,

Reporting and recordkeeping

requirements, Transportation.

Accordingly, we are amending 7 CFR

part 301 as follows:

PART 301—DOMESTIC QUARANTINE

NOTICES

1. The authority citation for part 301

continues to read as follows:

Authority: 7 U.S.C. 147a, 150bb, 150dd,

150ee, 150ff, 161, 162, and 164–167; 7 CFR

2.22, 2.80, and 371.2(c).

2. In § 301.93–3, paragraph (c) is

revised to read as follows:

§ 301.93–3 Quarantined areas.

* * * * *

(c) The areas described below are

designated as quarantined areas: There

are no areas in the continental United

States quarantined for the Oriental fruit

fly.

Done in Washington, DC, this 2nd day of

April 2000.

Bobby R. Acord,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 00–11374 Filed 5–5–00; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 48

[TD 8879]

RIN 1545–AV71; RIN 1545–AT18

Kerosene Tax; Aviation Fuel Tax;

Taxable Fuel Measurement and

Reporting; Tax on Heavy Trucks and

Trailers; Highway Vehicle Use Tax;

Correction

AGENCY: Internal Revenue Service (IRS),

Treasury.

ACTION: Correcting amendment.

SUMMARY: This document contains

corrections to Treasury Decision 8879,

which was published in the Federal

Register on Friday, March 31, 2000 (65

FR 17149). The corrections relate to the

kerosene excise tax.

DATES: These corrections are effective

March 31, 2000.

FOR FURTHER INFORMATION CONTACT:

Frank Boland, (202) 622–3130 (not a

toll-free number).

SUPPLEMENTARY INFORMATION:

Background

The final regulations that are the

subject of these corrections are under

sections 4101 and 6427 of the Internal

Revenue Code.

Need for Correction

As published, TD 8879 contains errors

that may prove to be misleading and are

in need of clarification.

List of Subjects in 26 CFR Part 48

Excise taxes, Reporting and

recordkeeping requirements.

Correction of Publication

Accordingly, 26 CFR part 48 is

corrected by making the following

correcting amendments:

PART 48—MANUFACTURERS AND

RETAILERS EXCISE TAXES

Paragraph 1. The authority citation

for part 48 continues to read in part as

follows:

Authority: 26 U.S.C. 7805***

Par. 2. Section 48.4101–1 is amended

by:

1. Redesignating paragraphs (c)(1)(v)

and (c)(1)(vi) as paragraphs (c)(1)(vi)

and (c)(1)(vii), respectively;

2. Adding paragraph (c)(1)(v);

3. Removing the language ‘‘(c)(1)(vi)’’

from paragraph (l)(2) and adding the

language ‘‘(c)(1)(vii)’’ in its place. The

addition reads as follows:

Federal Register / Vol. 65, No. 89 / Monday, May 8, 2000 / Rules and Regulations 26489

§ 48.4101–1 Taxable fuel; registration.

* * * * *

(c) * * * (1) * * *

(v) A refiner;

* * * * *

§ 48.4101–2T [Removed]

Par. 3. Section 48.4101–2T is

removed.

Par. 4. Section 48.6427–11(e)(2)(iii) is

revised to read as follows:

§ 48.6427–11 Kerosene; claims by

registered ultimate vendors (blending).

* * * * *

(e) * * *

(2) * * *

(iii) Model certificate.

CERTIFICATE OF BUYER FOR

PRODUCTION OF A COLD WEATHER

BLEND (To support vendor’s claim for a

credit or payment under section 6427 of the

Internal Revenue Code.)

lllll(Buyer) certifies the following

under penalties of perjury:

Name of buyer

The kerosene to which this certificate

applies will be used by Buyer to produce a

blend of kerosene and diesel fuel in an area

described in a declaration of extreme cold

and the blend will be sold for use or used for

heating purposes.

This certificate applies to ll percent of

Buyer’s purchase from lllll (name,

address, and employer identification number

of seller) on invoice or delivery ticket

number ll.

If Buyer violates the terms of this

certificate, the Internal Revenue Service may

withdraw Buyer’s right to provide a

certificate.

Buyer has not been notified by the Internal

Revenue Service that its right to provide a

certificate has been withdrawn.

Buyer understands that the fraudulent use

of this certificate may subject Buyer and all

parties making such fraudulent use of this

certificate to a fine or imprisonment, or both,

together with the costs of prosecution.

lllllllllllllllllllll

Printed or typed name of person signing.

lllllllllllllllllllll

Title of person signing

lllllllllllllllllllll

Employer identification number

lllllllllllllllllllll

Address of Buyer

lllllllllllllllllllll

Signature and date signed

* * * * *

Cynthia E. Grigsby,

Chief, Regulations Unit, Assistant Chief

Counsel (Corporate).

[FR Doc. 00–11469 Filed 5–5–00; 8:45 am]

BILLING CODE 4830–01–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD07–00–080]

RIN 2115—AA97

Security Zone; Vicinity of Atlantic Fleet

Weapons Training Facility, Vieques,

PR and Adjacent Territorial Sea

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: At the request of the U.S.

Navy, the Coast Guard is establishing a

temporary security zone covering the

area of territorial sea and land adjacent

to the bombing and gunnery range

(Impact Area) at the naval installation

on the eastern end of Vieques Island,

Puerto Rico. The security zone is

needed to protect the bombing and

gunnery range, and adjacent land and

waters at the Navy’s Atlantic Fleet

Weapons Training Facility on Vieques

Island, PR, to ensure against

destruction, injury, or loss of

uninterrupted use. Only authorized

vessels are permitted to enter or remain

within the security zone.

DATES: This rule is effective from 12:01

a.m. May 4, 2000 until 11:59 p.m. May

13, 2000.

ADDRESSES: Documents indicated in this

preamble as being available in the

docket, are part of docket [CGD07–00–

080] and are available for inspection or

copying at the Seventh Coast Guard

District office, 909 SE First Avenue,

Room 918, Miami, FL 33131, between 9

a.m. and 5 p.m., Monday through

Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Commander Steve Andersen

at (305) 415–6950.

SUPPLEMENTARY INFORMATION:

Regulatory Information

In order to protect the interests of

national security, and in accordance

with the Presidential Directive of

January 31, 2000, the President has

directed the conduct of Navy Training at

the Atlantic Fleet Weapons Training

Facility on Vieques Island, PR.

Immediate action is needed to ensure

the uninterrupted use by the U.S. Navy

of the Training Facility on Vieques,

including the adjacent land and waters,

and to protect that facility from

destruction or injury. The Coast Guard

is promulgating the security zone

regulations to prevent interference with

the conduct of the Navy’s exercises for

the duration of the security zone. As a

result, the enforcement of the security

zone is a function directly involved in,

and necessary to, the Navy training

exercise. Accordingly, based on the

military function exception set forth in

the Administrative Procedure Act, 5

U.S.C. 553(a)(1), notice and comment

rule-making and advance publication,

pursuant to 5 U.S.C. 553(b) and (d), are

not required for this regulation.

Even if the requirements of 5 U.S.C.

553 would otherwise be applicable, the

Coast Guard for good cause finds that,

under 5 U.S.C. 553(b)(B) and (d)(3),

notice and public comment on the rule

before the effective date of the rule and

advance publication are impracticable

and contrary to the public interest.

There is an imminent need to use the

naval installation bombing and gunnery

range and the adjacent waters for

exercises scheduled to commence in the

near term, and the exercises being

conducted by the Navy further the

national security interests of the United

States. Moreover, the conduct of notice

and comment rulemaking proceedings

and compliance with advance notice

requirements present significant public

safety concerns that outweigh the public

interest in compliance with these

provisions. Public rulemaking

proceedings and advance publication

could provoke consequences that would

pose a risk of harm to the public,

military personnel, and law

enforcement personnel charged with

enforcement of the security zone and

interfere with the commencement and

completion of the training exercises.

This regulation is geographically and

temporally tailored to meet the needs of

national security with a minimal burden

on the public.

Background and Purpose

The Atlantic Fleet Weapons Training

Facility is located on the eastern end of

Vieques Island, PR. Use of this naval

installation is important to achieving

acceptable levels of military readiness

in accordance with established training

standards and requires training

exercises conducted with inert

ordnance. Such training exercises

cannot be safely or effectively

conducted if there are unauthorized

persons inside the training areas or if

the installation is damaged or personnel

are injured. The U.S. Army Corps of

Engineers has established a danger zone

in the vicinity of the bombing and

gunnery target area, 33 CFR 334.1470,

that is in effect during these training

exercises. The Army Corps has also

established a restricted area off the coast

of the naval facility, 33 CFR 334.1480.

In order to further the interests of

national security, and in accordance

with the Presidential directive of