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certificate has been withdrawn.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

26490 Federal Register / Vol. 65, No. 89 / Monday, May 8, 2000 / Rules and Regulations

January 31, 2000, the President has

directed the conduct of Navy Training at

the Atlantic Fleet Weapons Training

Facility on Vieques Island, Puerto Rico.

The restricted area and danger zone do

not provide the degree of security

required for the naval facility before and

during the next use of the facility,

scheduled to commence in the near

term. That use will entail training

exercises, all conducted with inert

ordnance. These operations cannot be

conducted if unauthorized personnel or

vessels are present inside the security

zone. Therefore, to ensure against the

destruction, injury or loss of

uninterrupted use of the naval

installation at Vieques, including the

adjacent land and waters, the Coast

Guard is establishing this security zone.

This security zone is established

pursuant to the authority of subpart D

of part 165 of Title 33 of the Code of

Federal Regulations and the Magnuson

Act regulations promulgated by the

President under 50 U.S.C. 191,

including subparts 6.01 and 6.04 of part

6 of Title 33 of the Code of Federal

Regulations. See E.O. 10173, as

amended. The security zone is needed

to protect the bombing and gunnery

range, and the adjacent facilities and

water, at Vieques Island, PR against

destruction, injury, or loss of

uninterrupted use. Pursuant to this

regulation, no vessel or person will be

allowed to enter or remain in the

security zone unless specifically

authorized to do so by the District

Commander or his designated

representatives. The District

Commander or his designated

representatives may grant permission

for a vessel to enter or remain within the

security zone when operations permit

and may condition that permission as

appropriate.

Vessels or persons violating this

section are subject to the penalties set

forth in 50 U.S.C. 192 and 18 U.S.C.

3571: seizure and forfeiture of the

vessel, a monetary penalty of not more

than $250,000, and imprisonment for

not more than 10 years.

Regulatory Evaluation

This rule is not a ‘‘significant

regulatory action’’ under section 3(f) of

Executive Order 12866 and does not

require an assessment of potential costs

and benefits under section 6(a)(3) of that

Order. The Office of Management and

Budget has not reviewed it under that

Order. It is not ‘‘significant’’ under the

regulatory policies and procedures of

the Department of Transportation (DOT)

(44 FR 11040, February 26, 1979).

Although the security zone covers an

area out to three miles from shore, the

zone will be in effect for a limited

amount of time. The vessel traffic in the

area normally consists of a small

number of commercial fishing vessels

and other vessels transiting the area.

These vessels are not allowed to enter

or transit the zone during these training

exercises under existing Army Corps of

Engineer regulations (33 CFR 334.1470

and 33 CFR 334.1480). These vessels

can redirect their transit around the

zone with only minor delays in time

and distance.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), we considered

whether this rule would 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 fields, 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 will affect the following

entities, some of which may be small

entities: the owners or operators of

vessels intending to transit or anchor in

the vicinity of the Naval installation at

Vieques, PR and fishing vessels which

normally fish the area. These vessels are

not allowed to enter or transit the zone

during these training exercises under

existing Army Corps of Engineer

regulations (33 CFR 334.1470 and

334.1480). This security zone will not

have a significant economic impact on

a substantial number of these small

entities. Although the security zone will

cover an area out to three miles from

shore, the zone will be in effect only for

a limited amount of time.

Assistance for Small Entities

Under section 213(a) of the Small

Business Regulatory Enforcement

Fairness Act of 1996 (Pub. L. 104–121),

we will assist small entities in

understanding this rule and how it

affects them. Small entities may call the

person identified in FOR FURTHER

INFORMATION CONTACT.

Collection of Information

This rule calls for no new collection

of information 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 this 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 unfunded mandate

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.

Environment

The Coast Guard anticipates this

temporary rule will be categorically

excluded from further environmental

documentation under figure 2–1,

paragraph 34(g) of Commandant

Instruction M16475.1C. The

environmental analysis checklist and

Categorical Exclusion Determination

will be prepared and submitted after

establishment of this temporary security

zone, and will be available in the

docket. This temporary rule only

ensures the protection of Naval assets

and the uninterrupted use of the area for

scheduled Naval operations. Standard

Coast Guard manatee and turtle watch

measures will be in effect during Coast

Guard patrols of the security zone.

Deep-water routes will be used where

practical. Lookouts will be posted to

avoid collision with turtles and

manatees. If a collision occurs,

notification will be made to the U.S.

Fish & Wildlife Service at Boqueron,

Puerto Rico (787–851–7297). The

Federal Register / Vol. 65, No. 89 / Monday, May 8, 2000 / Rules and Regulations 26491

Categorical Exclusion Determination

will be available in the docket for

inspection or copying where indicated

under ADDRESSES.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and record keeping

requirements, Security measures,

Waterways.

Temporary Regulation

For the reasons discussed in the

preamble, the Coast Guard amends 33

CFR part 165 as follows:

PART 165—[AMENDED]

1. The authority citation for part 165

continues to read as follows:

Authority: 33 U.S.C. 1231; 50 U.S.C. 191,

33 CFR 1.05–1(g), 6.04–1, 6.04–6 and 160.5;

49 CFR 1.46.

2. A new temporary § 165.T–07–080 is

added to read as follows:

§ 165.T07–080 Security Zone; Vieques

Island, PR.

(a) Location. The following area is

established as a security zone: An area

of water and land measured from the

mean high water line on the naval

installation out to 3 nautical miles along

the east end of Vieques Island extending

from Santa Maria (18°09′29′′ N, 065°

25′23′′ W) due north 3 nautical miles to

position 18°12′29′′ N, 065°25′23′′ W,

then easterly around Vieques Island,

remaining three nautical miles from the

coast, to a point 3 nautical miles south

of the eastern edge of Puerto Mosquito

(18°02′34′′ N, 065°26′26′′ W) then due

north to the eastern edge of Puerto

Mosquito (18°05′34′′ N, 065°26′26′′ W),

including the rocks, cays, and small

islands within.

(b) Regulations.

(1) In accordance with the general

regulations in § 165.33 of this part:

(i) No person or vessel may enter or

remain in this zone without the

permission of the District Commander

or designated representatives,

(ii) All persons within this zone shall

obey any direction or order of the

District Commander or designated

representatives,

(iii) The District Commander or

designated representatives may take

possession and control of any vessel in

this zone,

(iv) The District Commander or

designated representatives may remove

any person, vessel, article or thing from

this zone,

(v) No person may board, or take or

place any article or thing on board, any

vessel in this zone without the

permission of the District Commander

or designated representatives; and,

(vi) No person may take or place any

article or thing upon any waterfront

facility in this security zone without the

permission of the District Commander

or designated representatives.

(2) The District Commander or

designated representatives may grant

permission for individual vessels to

enter or remain within this security

zone when permitted by operational

conditions and may place conditions

upon that permission. Vessels permitted

to enter or remain in this zone must

radio the patrol commander upon

entering and departing the zone.

(c) Enforcement. Vessels or persons

violating this section are subject to the

penalties set out in 50 U.S.C. 192 and

18 U.S.C. 3571:

(1) Seizure and forfeiture of the

vessel;

(2) A monetary penalty of not more

than $250,000; and

(3) Imprisonment for not more than 10

years.

(d) Dates. This section is effective

from 12:01 a.m. May 4, 2000 until 11:59

p.m. May 13, 2000.

(e) Authority. In addition to the

authority in part 165, this section is also

authorized under authority of Executive

Order 10173, as amended.

Dated: April 28, 2000.

G.W. Sutton,

Captain U.S. Coast Guard, Acting

Commander, Seventh Coast Guard District,

[FR Doc. 00–11511 Filed 5–4–00; 11:18 am]

BILLING CODE 4910–15–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 9 and 63

[AD–FRL–6585–5]

RIN 2060–AE86

National Emission Standards for

Hazardous Air Pollutants for Polyether

Polyols Production; Synthetic Organic

Chemical Manufacturing Industry;

Epoxy Resins Production and NonNylon Polyamides Production; and

Petroleum Refineries

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule and final rule.

SUMMARY: The EPA is taking direct final

action to amend the national emission

standards for hazardous air pollutants

(NESHAP) for Polyether Polyols

Production; Synthetic Organic Chemical

Manufacturing Industry (also known as

Hazardous Organic NESHAP, or HON);

Epoxy Resins Production and NonNylon Polyamides Production; and

Petroleum Refineries. For all four of

these NESHAP, this direct final rule

amends the definition of equipment

leaks to add the term ‘‘connectors’’ to

the list of equipment that is subject to

the equipment leak provisions in those

NESHAP.

The remainder of this direct final rule

corrects referencing errors and several

equations which contained printing

errors in the final NESHAP for Polyether

Polyols Production (hereafter referred to

as ‘‘subpart PPP’’). This direct final rule

amends the description of a process

change and the description of excess

emissions; the requirements pertaining

to submission of a request for extension

of a compliance date; the storage vessel

monitoring requirements; the definition

of the terms epoxide, polyether polyol,

and Group 2 wastewater stream; the

conditions required during performance

testing for batch process vents; which

compounds are considered to be organic

hazardous air pollutants (HAPs) for the

purposes of both the maintenance

wastewater and the process wastewater

requirements; the information

requirements for start-up, shutdown,

and malfunction reports; the dates on

which initial notifications are due; and

the reporting requirements for other

reports to clarify those requirements.

In addition to the direct final rule, in

compliance with the Paperwork

Reduction Act (PRA), EPA is amending

as a final rule the Office of Management

and Budget (OMB) approval table to list

the OMB control number issued under

the PRA for information collection

requirements for subpart PPP.

DATES: The amendments to 40 CFR part

9 are effective on May 8, 2000. The

direct final rule amendments to 40 CFR

part 63 are effective on July 7, 2000

without further notice, unless the EPA

receives adverse comments by June 7,

2000, or by June 22, 2000 if a public

hearing is requested. See the proposed

rule in this issue of the Federal Register

for information on the hearing. If we

receive such comments, and those

comments apply to an amendment,

paragraph, or section of this rule, and

that provision may be addressed

separately from the remainder of the

rule, we will withdraw only those

provisions on which we received

adverse comments. We will publish a

timely withdrawal in the Federal

Register indicating which provisions

will become effective on July 7, 2000

and which provisions are being

withdrawn.

ADDRESSES: Comments. Written

comments should be submitted (in

duplicate, if possible) to: Air and

Radiation Docket and Information