34404 Federal Register / Vol. 65, No. 104 / Tuesday, May 30, 2000 / Rules and Regulations

Under section 307(b)(1) of the Clean

Air Act, petitions for judicial review of

this action must be filed in the United

States Court of Appeals for the

appropriate circuit by July 31, 2000.

Filing a petition for reconsideration by

the Administrator of this final rule does

not affect the finality of this rule for the

purposes of judicial review nor does it

extend the time within which a petition

for judicial review may be filed, and

shall not postpone the effectiveness of

such rule or action. This action may not

be challenged later in proceedings to

enforce its requirements. (See section

307(b)(2).)

List of Subjects

40 CFR Part 52

Environmental protection, Air

pollution control, Intergovernmental

relations, Particulate Matter, Reporting

and recordkeeping requirements.

40 CFR Part 81

Air pollution control.

Dated: May 18, 2000.

Jack W. McGraw,

Acting Regional Administrator, Region VIII.

40 CFR part 52, subpart TT of chapter

I, title 40 is amended as follows:

PART 52—[AMENDED]

1. The authority citation for Part 52

continues to read as follows:

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

Subpart TT

2. Section 52.332 is amended by

adding paragraph (i) to read as follows:

§ 52.332 Moderate PM–10 nonattainment

area plans.

* * * * *

(i) On September 22, 1997, the State

of Colorado submitted a maintenance

plan for the Canon City PM10

nonattainment area and requested that

the area be redesignated to attainment

for the PM10 National Ambient Air

Quality Standards. An April 24, 2000

letter from Margie Perkins, Director,

Colorado Air Pollution Control Division,

to Richard Long, Director, EPA Region

VIII Air and Radiation Program, was

sent to clarify the requirements of the

contingency plan section of the Canon

City maintenance plan. The

redesignation request and maintenance

plan satisfy all applicable requirements

of the Clean Air Act.

PART 81—[AMENDED]

1. The authority citation for part 81

continues to read as follows:

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

2. In § 81.306, the table entitled

‘‘Colorado—PM–10’’ is amended by

revising the entry under Fremont

County for ‘‘Canon City Area’’ to read as

follows:

§ 81.306 Colorado.

* * * * *

COLORADO—PM–10

Designated area

Designation Classification

Date Type Date Type

*******

Fremont County

Canon City Area .................................................... July 31, 2000 ................. Attainment.

Township 18S—Range 70W: All of sections 21,

22, 27, 28, 33, and 34; the E1⁄2, NENW,

NESW, SENW, SESW quarters of sections

20, 29, 32; and the W1⁄2 of sections 23, 26,

and 35; Township 19S—Range 70W: All of

sections 3, 4, 9, 10; E1⁄2, NENW, NESW,

SENW, SESW quarters of sections 5 and 8;

W1⁄2 of sections 2 and 11.

*******

* * * * *

[FR Doc. 00–13332 Filed 5–26–00; 8:45 am]

BILLING CODE 6560–50–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 141

[FRL–6705–4]

Removal of the Maximum Contaminant

Level Goal for Chloroform From the

National Primary Drinking Water

Regulations

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is removing the zero

MCLG for chloroform from its National

Primary Drinking Water Regulations

(NPDWRs) in accordance with a recent

order of the U.S. Court of Appeals for

the District of Columbia Circuit.

DATES: The effective date of this rule is

May 30, 2000.

ADDRESSES: The public docket for this

and earlier rulemakings concerning the

NPDWRs for disinfectants and

disinfection byproducts (D/DBPs),

including the proposal, public

comments in response to the proposal,

other major supporting documents, and

the index to the docket are available in

the Water Docket, U.S. Environmental

Protection Agency, 401 M Street SW,

East Tower Basement, Washington, DC

20460. For information on how to access

docket materials, please call the docket

at (202) 260–3027 between 9 a.m. and

3:30 p.m. Eastern Standard Time,

Monday through Friday.

FOR FURTHER INFORMATION CONTACT: For

technical inquiries, contact Jennifer

McLain at the U.S. Environmental

Protection Agency, Office of Ground

Water and Drinking Water (MC 4607),

1200 Pennsylvania Avenue NW,

Washington, DC 20460; telephone (202)

260–0431. For general questions, please

contact the Safe Drinking Water Hotline,

(800) 426–4791, Monday through Friday

from 9 a.m. to 5:30 Eastern Standard

Time.

SUPPLEMENTARY INFORMATION:

A. Background

In December, 1998 EPA promulgated

National Primary Drinking Water

Regulations (NPDWRs) for disinfectants

and disinfection byproducts (D/DBPs)

Federal Register / Vol. 65, No. 104 / Tuesday, May 30, 2000 / Rules and Regulations 34405

that included a Maximum Contaminant

Level Goal (MCLG) of zero for

chloroform, a disinfectant byproduct.

The MCLG was challenged by the

Chlorine Chemistry Council and

Chemical Manufacturers Association,

and the U.S. Court of Appeals for the

District of Columbia Circuit found that

EPA had not used the best available,

peer-reviewed science to set the MCLG

as required by the Safe Drinking Water

Act. In Chlorine Chemistry Council and

Chemical Manufacturers Association v.

EPA, (No. 98–1627) filed on March 31,

2000, the Court issued an order vacating

the zero MCLG. Today EPA is removing

the MCLG for chloroform from its

NPDWRs to ensure that the regulations

conform to the Court’s order. No other

provision of the D/DBP regulations is

affected.

B. ‘‘Good Cause’’ Under the

Administrative Procedure Act

Section 553 of the Administrative

Procedure Act, 5 U.S.C. 553(b)(B),

provides that, when an agency for good

cause finds that notice and public

procedure are impracticable,

unnecessary or contrary to the public

interest, the agency may issue a rule

without providing notice and an

opportunity for public comment. EPA

has determined that there is good cause

for making today’s rule final without

prior proposal and opportunity for

comment because today’s action is

ministerial, to ensure the Code of

Federal Regulations conforms to the

Court’s order. Thus, notice and public

comment are unnecessary. EPA finds

that this constitutes good cause under 5

U.S.C. 553(b)(B). For this same reason,

EPA has also determined that it has

‘‘good cause’’ under 5 U.S.C. 553(d) to

make the rule effective upon

publication.

C. Administrative Requirements

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.

Because the agency has made a ‘‘good

cause’’ finding that this action is not

subject to notice-and-comment

requirements under the Administrative

Procedure Act or any other statute (see

section B), it is not subject to the

regulatory flexibility provisions of the

Regulatory Flexibility Act (5 U.S.C. 601

et seq.), or to sections 202 and 205 of the

Unfunded Mandates Reform Act of 1995

(UMRA) (Public Law 104–4). In

addition, this action does not

significantly or uniquely affect small

governments or impose a significant

intergovernmental mandate, as

described in sections 203 and 204 of

UMRA. This rule also does not

significantly or uniquely affect the

communities of tribal governments, as

specified by Executive Order 13084 (63

FR 27655, May 10 1998). This rule will

not have substantial direct effects on the

States, on the relationship between the

national government and the States, or

on the distribution of power and

responsibilities among the various

levels of government, as specified in

Executive Order 13132 (64 FR 43255,

August 10, 1999). This rule also is not

subject to Executive Order 13045 (62 FR

19885, April 23, 1997), because it is not

economically significant.

This rule does not impose technical

standards; thus, the requirements of

section 12(d) of the National

Technology Transfer and Advancement

Act of 1995 (15 U.S.C. 272 note) do not

apply. The rule also does not involve

special consideration of environmental

justice related issues as required by

Executive Order 12898 (59 FR 7629,

February 16, 1994). This rule does not

impose an information collection

burden under the provisions of the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501 et seq.). EPA’s compliance

with these statutes and Executive

Orders for the underlying rule is

discussed in 63 FR 69390 (Dec. 16,

1998).

The Congressional Review Act (5

U.S.C. 801 et seq.), as added by the

Small Business Regulatory Enforcement

Fairness Act of 1996, generally provides

that before a rule may take effect, the

agency promulgating the rule must

submit a rule report, which includes a

copy of the rule, to each House of the

Congress and to the Comptroller General

of the United States. Section 808 allows

the issuing agency to make a rule

effective sooner than otherwise

provided by the CRA if the Agency

makes a good cause finding that notice

and public procedure is impracticable,

unnecessary or contrary to the public

interest. This determination must be

supported by a brief statement. 5 U.S.C.

808(2).

As stated previously, EPA has made

such a good cause finding, including the

reasons therefor, and established an

effective date of May 30, 2000. EPA will

submit 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 United States prior to

publication of the rule in the Federal

Register. This action is not a ‘‘major

rule’’ as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 141

Environmental protection, Drinking

water, Public utilities.

Dated: May 18, 2000.

Carol M. Browner,

Administrator.

For the reasons set out in the

preamble, Title 40, Chapter I of the Code

of Federal Regulations is amended as

follows:

PART 141—NATIONAL PRIMARY

DRINKING WATER REGULATIONS

1. The authority citation for Part 141

continues to read as follows:

Authority: 42 U.S.C. 300f, 300g–1, 300g–2,

300g–3, 300g–4, 300g–5,300g–6, 300j–4,

300j–9, 300j–11.

§ 141.53 [Amended]

2. Section 141.53 is amended by

removing the entry for chloroform.

[FR Doc. 00–13202 Filed 5–26–00; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 1, 11, 73, and 74

[FCC 00–115]

Establishment of a Class A TV Service;

Correction

AGENCY: Federal Communications

Commission.

ACTION: Final rule; correction.

SUMMARY: The Federal Communications

Commission published in the Federal

Register of May 10, 2000, a document

concerning establishment of a Class A

television service. This document

contains corrections to that rule.

Inadvertently, the effective date of the

rule and the amendatory instructions to

§ 73.2080 were incorrect, and a

paragraph was incorrectly deleted from

§ 73.1690. In addition, there is a

typographical error in § 11.11, a line

missing in the table of contents to

Subpart J of part 73, and text that was

incorrectly codified in § 73.3580. This

document corrects these errors.

DATES: Effective May 30, 2000.

FOR FURTHER INFORMATION CONTACT: Kim

Matthews, 202–418–2130.

SUPPLEMENTARY INFORMATION: The FCC

published a document in the Federal

Register of May 10, 2000 (65 FR 29985),

establishing a Class A television service.

In rule FR Doc. 00–11481, published on

May 10, 2000, 65 FR 29985, correct the

effective date, §§ 11.11, 73.1690,

73.2080, 73.3580, and the table of

contents to subpart J of part 73.