Federal Register / Vol. 65, No. 100 / Tuesday, May 23, 2000 / Rules and Regulations 33259

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.

Environment

We considered the environmental

impact of this rule and concluded that,

under figure 2–1, paragraph (34)(g), of

Commandant Instruction M16475.1C;

this rule is categorically excluded from

further environmental documentation.

This rule will have no affect on the

environment.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Waterways.

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. 1225 and 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. Add temporary § 165.T05–004 to

read as follows:

§ 165.T05–004 Safety Zone; Transit of S/V

Amerigo Vespucci, Chesapeake Bay,

Baltimore, MD.

(a) Definitions: Captain of the Port

means the Commander, Coast Guard

Activities Baltimore or any Coast Guard

commissioned, warrant, or petty officer

who has been authorized to act on his

behalf.

(b) Location. The following area is a

moving safety zone: All waters within

150 yards ahead of or 50 yards abeam

or astern of the sailing vessel Amerigo

Vespucci, while the vessel is operating

on the Chesapeake Bay or its tributaries,

north of the Maryland-Virginia border

and south of latitude 39°35′00′′.

(c) Regulations.

(1) All persons are required to comply

with the general regulations governing

safety zones in § 165.23 of this part.

(2) No person or vessel may enter or

navigate within the regulated areas

unless authorized to do so by the

Captain of the Port. Any person or

vessel authorized to enter the regulated

areas must operate in strict conformance

with any directions given by the Captain

of the Port and leave the regulated area

immediately if the Captain of the Port so

orders.

(3) The Coast Guard vessels enforcing

this section can be contacted on VHF

Marine Band Radio, channels 13 and 16.

The Captain of the Port can be contacted

at telephone number (410) 576–2521 or

2693.

(4) The Captain of the Port will notify

the public of any changes in the status

of this zone by a Marine Safety Radio

Broadcast on VHF–FM marine band

radio, channel 22 (157.1 MHZ).

(d) Enforcement period. These

regulations are enforced from 6 a.m. to

6 p.m. on June 21, 2000 and June 24,

2000 respectively.

Dated: May 16, 2000.

C.L. Miller,

Captain, U.S. Coast Guard, Captain of the

Port of Baltimore.

[FR Doc. 00–13025 Filed 5–19–00; 12:38 pm]

BILLING CODE 4910–15–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[CA 031–0237; FRL–6704–1]

Revision to the California State

Implementation Plan, South Coast Air

Quality Management District

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule; correction.

SUMMARY: In this direct final action, EPA

is removing final limited approval and

limited disapproval of revisions to the

California State Implementation Plan

(SIP) that were published on January 13,

2000 (65 FR 2052).

DATES: This rule is effective July 24,

2000, without further notice unless EPA

receive adverse comments by June 22,

2000. If we receive such comment, we

will publish a timely withdrawal in the

Federal Register to notify the public

that this rule will not take effect.

ADDRESSES: Comments may be mailed

to: Andrew Steckel, Rulemaking Office,

AIR–4, Air Division, U.S.

Environmental Protection Agency,

Region IX, 75 Hawthorne Street, San

Francisco, CA 94105–3901.

Copies of the rules are available for

public inspection at EPA’s Region IX

office during normal business hours.

Copies of the submitted rules are also

available for inspection at the following

locations:

Environmental Protection Agency, Air

Docket (6102), 401 ‘‘M’’ Street SW,

Washington, DC 20460.

California Air Resources Board,

Stationary Source Division, Rule

Evaluation Section, 2020 ‘‘L’’ Street,

Sacramento, CA 95812.

South Coast AQMD, 21865 E. Copley

Dr., Diamond Bar, CA 91765–4182.

FOR FURTHER INFORMATION CONTACT: Ed

Addison, Rulemaking Office, Air

Division, U.S. Environmental Protection

Agency, Region IX, 75 Hawthorne

Street, San Francisco, CA 94105;

Telephone: (415) 744–1160.

SUPPLEMENTARY INFORMATION: On August

5, 1988, South Coast Air Quality

Management District (SCAQMD)

adopted Rule 1109, Emissions of Oxides

of Nitrogen from Process Heaters and

Boilers in Petroleum Refineries. On

March 26, 1990, California Air

Resources Board (CARB) submitted Rule

1109 to EPA Region IX. On February 28,

1997 at 62 FR 9138, EPA proposed

limited approval and limited

disapproval of Rule 1109. On December

7, 1999, CARB sent EPA a request to

withdraw the March 26, 1990 submittal

because all the affected sources are now

regulated instead by SCAQMD

Regulation XX (Reclaim). EPA believes

this is a reasonable request.

Unfortunately, before receiving this

request, EPA signed an action finalizing

the limited approval and limited

disapproval, which was published on

January 13, 2000 at 65 FR 2052.

Therefore, the purpose of today’s

Direct Final action is to correct this

error pursuant to section 110(k)(6) of the

33260 Federal Register / Vol. 65, No. 100 / Tuesday, May 23, 2000 / Rules and Regulations

Clean Air Act. Today’s correction has no

bearing on the other three rules that

were finalized in our January 13, 2000

action. We believe these rules are

consistent with the relevant policy and

guidance regarding enforceability,

RACT, and SIP relaxations.

Under Executive Order 12866 (58 FR

51735, October 4, 1993), this action is

not a ‘‘significant regulatory action’’

and, is therefore not subject to review by

the Office of Management and Budget.

In addition, this action does not impose

any enforceable duty or contain any

unfunded mandate as described in the

Unfunded Mandates Reform Act of 1995

(Public Law 104–4), or require prior

consultation with State officials as

specified by Executive Order 12875 (58

FR 58093, October 28, 1993), or involve

special consideration of environmental

justice related issues as required by

Executive Order 12898 (59 FR 7629,

February 16, 1994).

Under 5 U.S.C. 801(a)(1)(A) as added

by the Small Business Regulatory

Enforcement Fairness Act of 1996, EPA

submitted a report containing this rule

and other required information to the

U.S. Senate, the U.S. House of

Representatives and the Comptroller

General of the General Accounting

Office prior to publication of this rule in

today’s Federal Register. This rule is

not a ‘‘major rule’’ as defined by 5

U.S.C. 804(2).

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Hydrocarbons,

Incorporation by reference,

Intergovernmental relations, Nitrogen

dioxide, Ozone, Reporting and

recordkeeping requirements, Volatile

organic compounds.

Dated: May 9, 2000.

Keith Takata,

Acting Regional Administrator, Region IX.

Subpart F of part 52, Chapter I, Title

40 of the Code of Federal Regulations is

amended as follows:

PART 52—[AMENDED]

Subpart F—California

1. The authority citation for part 52

continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

§ 52.220 [Amended]

2. Section 52.220 is amended by

removing paragraph (c)(179)(H).

[FR Doc. 00–12785 Filed 5–22–00; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[OPP–300507A FRL–6556–2]

RIN 2070–AB78

Vinclozolin; Order Denying Objections

to Issuance of Tolerance

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final order.

SUMMARY: EPA is denying the objections

filed by the Natural Resources Defense

Council to a final rule issued July 18,

1997, which announced the issuance of

a tolerance for use of vinclozolin on

succulent (snap) beans under section

408 of the Federal Food, Drug, and

Cosmetic Act. The objections are denied

because the tolerances have expired and

consequently the objections are now

moot.

DATES: This denial of the objections is

effective on May 23, 2000.

FOR FURTHER INFORMATION CONTACT:

Deanna Scher, Reregistration Division

(7508C), Office of Pesticide Programs,

Environmental Protection Agency, Ariel

Rios Bldg., 1200 Pennsylvania Ave.,

NW., Washington, DC 20460; telephone

number: (703) 308–7043; fax number:

(703) 308–7042; e-mail address:

scher.deanna@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does This Action Apply to Me?

This action is directed to the public

in general. However, this action is of

particular interest to Earthjustice Legal

Defense Fund, the organization that

filed objections to the vinclozolin

tolerance granted for snap beans in 1997

on behalf of Natural Resources Defense

Council, American Federation of Labor

and Congress of Industrial

Organizations, Environmental Working

Group, Pineros y Campesinos Unidos

del Noroeste, and Northwest Coalition

for Alternatives to Pesticides. This

action is also of interest to BASF

Corporation, the manufacturer of

vinclozolin, as well as users of

vinclozolin products. Since various

different entities may be interested in

this action, the Agency has not

attempted to describe all the specific

entities that may be affected by this

action. If you have any questions

regarding the applicability of this action

to a particular entity, consult the person

listed in the FOR FURTHER INFORMATION

CONTACT section.’’

B. How Can I Get Additional

Information, Including Copies of This

Document and Other Related

Documents?

1. Electronically. You may obtain

electronic copies of this document, and

certain other related documents that

might be available electronically, from

the EPA Internet Home Page at http://

www.epa.gov/. To access this

document, on the Home Page select

‘‘Laws and Regulations’’ and then look

up the entry for this document under

the ‘‘Federal Register—Environmental

Documents.’’ You can also go directly to

the Federal Register listings at http://

www.epa.gov/fedrgstr/.

2. In person. The Agency has

established an official record for this

action under docket control number

OPP–300507A. The official record

consists of the documents specifically

referenced in this action, any public

comments received during an applicable

comment period, and other information

related to this action, including any

information claimed as confidential

business information (CBI). This official

record includes the documents that are

physically located in the docket, as well

as the documents that are referenced in

those documents. The public version of

the official record does not include any

information claimed as CBI. The public

version of the official record, which

includes printed, paper versions of any

electronic comments submitted during

an applicable comment period, is

available for inspection in the Public

Information and Records Integrity

Branch (PIRIB), Rm. 119, Crystal Mall

#2, 1921 Jefferson Davis Hwy.,

Arlington, VA, from 8:30 a.m. to 4 p.m.,

Monday through Friday, excluding legal

holidays. The PIRIB telephone number

is (703) 305–5805.

II. Background

A. What Action Is the Agency Taking?

On September 15, 1997, the Natural

Resources Defense Council (‘‘NRDC’’)

filed a series of objections and hearing

requests in regard to EPA’s issuance of

a tolerance for the pesticide vinclozolin

on succulent (snap) beans under section

408 of the Federal Food, Drug, and

Cosmetic Act (‘‘FFDCA’’), 21 U.S.C.

346a. Because that tolerance expired on

October 1, 1999, those objections are

now moot and are denied on that

ground.

B. What Is the Agency’s Authority for

Taking This Action?

Section 408 of the FFDCA authorizes

the establishment by regulation of

maximum permissible levels of

pesticides in foods. Such regulations are