34104 Federal Register / Vol. 65, No. 103 / Friday, May 26, 2000 / Rules and Regulations

advising any small governments that

may be significantly or uniquely

impacted by the rule.

EPA has determined that the approval

action promulgated does not include a

Federal mandate that may result in

estimated annual costs of $100 million

or more to either State, local, or tribal

governments in the aggregate, or to the

private sector. This Federal action

approves pre-existing requirements

under State or local law, and imposes

no new requirements. Accordingly, no

additional costs to State, local, or tribal

governments, or to the private sector,

result from this action.

G. Submission to Congress and the

Comptroller General

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. 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. A major rule

cannot take effect until 60 days after it

is published in the Federal Register.

This rule is not a ‘‘major’’ rule as

defined by 5 U.S.C. 804(2).

H. National Technology Transfer and

Advancement Act

Section 12 of the National Technology

Transfer and Advancement Act

(NTTAA) of 1995 requires Federal

agencies to evaluate existing technical

standards when developing a new

regulation. To comply with NTTAA,

EPA must consider and use ‘‘voluntary

consensus standards’’ (VCS) if available

and applicable when developing

programs and policies unless doing so

would be inconsistent with applicable

law or otherwise impractical.

The EPA believes that VCS are

inapplicable to this action. Today’s

action does not require the public to

perform activities conducive to the use

of VCS.

I. Petitions for Judicial Review

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 25, 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).)

Lists of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Hydrocarbons,

Incorporation by reference,

Intergovernmental relations, Ozone,

Reporting and recordkeeping

requirements, Volatile organic

compounds.

Dated: April 12, 2000.

John Wise,

Acting Regional Administrator, Region IX.

Part 52, Chapter I, Title 40 of the Code

of Federal Regulations 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 F—California

2. Section 52.220 is amended by

adding paragraphs (c)(241)(i)(A)(5),

(c)(248)(i)(F), (c)(258)(i)(A)(3) and

(c)(262)(i)(C)(2) to read as follows:

§ 52.220 Identification of plan.

* * * * *

(c) * * *

(241) * * *

(i) * * *

(A) * * *

(5) Rule 67.19, adopted May 15, 1996.

* * * * *

(248) * * *

(i) * * *

(F) * * *

(1) Regulation 8, Rule 45, adopted on

November 6, 1996.

* * * * *

(258) * * *

(i) * * *

(A) * * *

(3) Rule 425, adopted on March 26,

1997.

* * * * *

(262) * * *

(i) * * *

(C) * * *

(2) Rule 1151, adopted on December

11, 1998.

* * * * *

[FR Doc. 00–13200 Filed 5–25–00; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 62

[PA152–4099a; FRL–6705–7]

Approval and Promulgation of State

Air Quality Plans for Designated

Facilities and Pollutants; Allegheny

County, Pennsylvania; Control of

Emissions from Existing Hospital/

Medical/Infectious Waste Incinerators;

Correction

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule; correcting

amendment.

SUMMARY: This document corrects minor

errors in the text of rule language in a

published final rule pertaining to EPA’s

approval of the Allegheny County,

Pennsylvania hospital/medical/

/infectious waste incinerator (HMIWI)

111(d)/129 plan submitted by the

Commonwealth of Pennsylvania.

EFFECTIVE DATE: June 6, 2000.

FOR FURTHER INFORMATION CONTACT:

James B. Topsale, (215) 814–2190 or by

e-mail at topsale.jim@epa.gov.

SUPPLEMENTARY INFORMATION:

Throughout this document wherever

‘‘we,’’ or ‘‘our’’ are used, we mean EPA.

On April 7, 2000 (65 FR 18249), we

published a final rulemaking action

announcing our approval of the

Allegheny County, Pennsylvania

hospital/medical/infectious waste

incinerator (HMIWI) 111(d)/129 plan

submitted by the Commonwealth of

Pennsylvania. In the text of that

document, we inadvertently made two

minors. Neither the rationale for nor the

intent of the April 7, 2000 direct final

rule was affected by these minor errors.

This action simply corrects the

erroneous language in the published

final rulemaking.

To the final rule (FR Docket 00–8660)

published in the Federal Register on

April 7, 2000 (65 FR 18249), we are

making the following corrections:

(1) On page 18251 in the first column,

the revised rule language to the second

answer (A.) is corrected to read, ‘‘* * *

meeting the maximum achievable

control technology * * *’’.

The word ‘‘available’’ was

inadvertently inserted in place of

‘‘achievable’’.

(2) On page 18252 in the third column

under § 62.9662 Effective Date, the text

is revised to read, ‘‘The effective date of

the plan is June 6, 2000.’’

The phrase ‘‘* * * for municipal

solid waste landfills * * *’’ was

inadvertently included in the sentence

and is hereby deleted.

Federal Register / Vol. 65, No. 103 / Friday, May 26, 2000 / Rules and Regulations 34105

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

procedures are impracticable,

unnecessary or contrary to the public

interest, the agency may issue a rule

without providing notice and an

opportunity for public comment. We

have determined that there is good

cause for making today’s rule final

without prior proposal and opportunity

for comment because we are merely

correcting minor errors in the text of a

previous action. Thus, notice and public

procedures are unnecessary. We find

that this constitutes good cause under 5

U.S.C. 553(b)(B).

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

Procedures Act or any other statute as

indicated in the Supplementary

Information section above, 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 governments, as specified by

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 technical correction action does

not involve 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). In

issuing this rule, EPA has taken the

necessary steps to eliminate drafting

errors and ambiguity, minimize

potential litigation, and provide a clear

legal standard for affected conduct, as

required by section 3 of Executive Order

12988 (61 FR 4729, February 7, 1996).

EPA has complied with Executive Order

12630 (53 FR 8859, March 15, 1998) by

examining the takings implications of

the rule in accordance with the

‘‘Attorney General’s Supplemental

Guidelines for the Evaluation of Risk

and Avoidance of Unanticipated

Takings’’ issued under the executive

order. This rule does not impose an

information collection burden under the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501 et seq.).

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 had

made such a good cause finding,

including the reasons therefore, and

established an effective date of June 6,

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. These corrections

to the preamble and 40 CFR 62.9662 for

Pennsylvania is not a ‘‘major rule’’ as

defined by 5 U.S.C. 804(2).

Dated: May 10, 2000.

Bradley M. Campbell,

Regional Administrator, Region III.

[FR Doc. 00–13205 Filed 5–25–00; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 1

[OST Docket No.1999–6189; Amendment 1–

302]

Organization and Delegation of Powers

and Duties Delegations to the Maritime

Administrator

AGENCY: Office of the Secretary, DOT.

ACTION: Final rule.

SUMMARY: The Secretary of

Transportation (Secretary) is delegating

to the Maritime Administrator his

authority to appoint special police and

enforce laws for the protection of

property and persons at the United

States Merchant Marine Academy

located in Kings Point, New York. The

authorities relating to the protection of

Federal property are vested in the

Secretary of Transportation by a March

2000 delegation from the Administrator

of General Services. The Act of June 1,

1948, P.L. 80–566, 62 Stat. 281, 40

U.S.C. 318–318c and the Federal

Property and Administrative Services

Act of 1949, as amended, 63 Stat. 377,

provides the Administrator of General

Services the authority relating to the

protection of Federal property.

EFFECTIVE DATE: May 26, 2000.

FOR FURTHER INFORMATION CONTACT:

Richard Weaver, Chief, Division of

Management and Organization,

Maritime Administration, MAR–318,

Room 7301, 400 Seventh Street, SW.,

Washington, DC 20590, Phone: (202)

366–2811; or Blane Workie, Office of

General Counsel (C–50), Department of

Transportation, Room 10424, 400

Seventh Street, SW., Washington, DC

20590, Phone: (202) 366–9314.

SUPPLEMENTARY INFORMATION: The

Secretary of Transportation is delegating

to the Maritime Administrator his

authority relating to the protection of

property and persons at the United

States Merchant Marine Academy

located in Kings Point, New York. The

Secretary of Transportation obtained the

authority to enforce laws for the

protection of property and persons at

the United States Merchant Marine

Academy from the Administrator of

General Services on March 23, 2000.

Previously, the Administrator of

General Services had delegated this

authority to the Secretary of

Transportation who redelegated the

authority to the Maritime Administrator.

The delegation expired on May 1, 2000.

As a result, this delegation of authority

from the Secretary of Transportation to