36788 Federal Register / Vol. 65, No. 113 / Monday, June 12, 2000 / Rules and Regulations

Dated: May 29, 2000.

Claire M. Lathers,

Director, Office of New Animal Drug

Evaluation, Center for Veterinary Medicine.

[FR Doc. 00–14699 Filed 6–9–00; 8:45 am]

BILLING CODE 4160–01–F

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Western Alaska 00–002]

RIN 2115–AA97

Safety Zone; Port Graham, Cook Inlet,

Alaska

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule;

correction.

SUMMARY: This document corrects a

temporary final rule published in the

Federal Register of May 15, 2000,

concerning temporary regulations at

Port Graham, Cook Inlet, Alaska and the

heavy-lift vessel SWAN. That document

contained an arrival date that has been

changed; thus a correction is necessary.

DATES: The temporary final rule

published on May 15, 2000 is effective

beginning on June 10, 2000.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Commander Rick Rodriguez,

Chief of Port Operations, USCG Marine

Safety Office, Anchorage, at (907) 271–

6724.

SUPPLEMENTARY INFORMATION:

Correction

In temporary final rule FR Doc 00–

12151, the effective date is no longer

correct because the arrival date for the

vessel has been changed to June 10,

2000 instead of June 12, 2000 and a

correction is needed.

Correction of publication.

Accordingly, the publication on May

15, 2000, of the temporary final rule

[COTP Western Alaska 00–002], which

is the subject of FR Doc. 00–12151, is

corrected as follows:

1. On page 30885, second column, in

the DATES section, remove the words

‘‘June 12, 2000’’ and add in their place

the words ‘‘ June 10, 2000’’.

2. On page 30886, first column, in

amendatory instruction number 2,

remove the words ‘‘June 12, 2000’’ and

add in their place the words ‘‘ June 10,

2000’’.

3. On page 30886, second column,

paragraph (b), remove the words ‘‘June

12, 2000’’ and add in their place the

words ‘‘ June 10, 2000’’.

Dated: June 6, 2000.

W.J. Hutmacher,

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

Port, Western Alaska.

[FR Doc. 00–14843 Filed 6–8–00; 3:25 pm]

BILLING CODE 4910–15–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[AZ 086–0207a; FRL–6710–5]

Approval and Promulgation of

Implementation Plans; Arizona State

Implementation Plan Revision,

Maricopa County Environmental

Services Department

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final

action to approve revisions to the

Maricopa County Environmental

Services Department portion of the

Arizona State Implementation Plan

(SIP). These revisions concern volatile

organic compound (VOC) emissions

from ferrous sand casting operations.

We are approving local rules that

regulate these emission sources under

the Clean Air Act as amended in 1990

(CAA or the Act).

DATES: This rule is effective on August

11, 2000 without further notice, unless

EPA receives adverse comments by July

12, 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: Mail comments to Andrew

Steckel, Chief, Rulemaking Office, AIR–

4, Air Division, U.S. Environmental

Protection Agency, Region IX, 75

Hawthorne Street, San Francisco, CA

94105.

You can inspect copies of the

submitted rule and our technical

support document (TSD) at our Region

IX office from 8:00 am to 4:30 pm,

Monday through Friday. To see copies

of the submitted rule, you may also go

to the following locations:

Arizona Department of Environmental

Quality, 3033 North Central Avenue,

Phoenix, AZ 85012

Maricopa County Environmental

Services Department, Air Quality

Division, 1001 North Central Avenue,

Suite 201, Phoenix, AZ 85004

FOR FURTHER INFORMATION CONTACT: Al

Petersen, Rulemaking Office (AIR–4),

Air Division, U.S. Environmental

Protection Agency, Region IX, 75

Hawthorne Street, San Francisco, CA

94105–3901, (415) 744–1135.

SUPPLEMENTARY INFORMATION:

Throughout this document wherever

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ are used, we mean

EPA.

Table of Contents

I. The State’s Submittal

A. What rule did the State submit?

B. Are there other versions of this rule?

C. What is the purpose of the submitted

rule?

II. EPA’s Evaluation and Action

A. How is EPA evaluating the rule?

B. Does the rule meet the evaluation

criteria?

C. Public comment and final action.

III. Background Information

Why was this rule submitted?

IV. Administrative Requirements

I. The State’s Submittal

A. What rule did the State submit?

The rule we are approving for

incorporation into the Arizona SIP is

MCESD Rule 347, Ferrous Sand Casting.

This rule was adopted on March 4, 1998

by the MCESD and submitted to us on

August 4, 1999 by the Arizona

Department of Environmental Quality.

On August 25, 1999, this rule submittal

was found to meet the completeness

criteria in 40 CFR part 51, appendix V,

which must be met before formal EPA

review.

B. Are there other versions of this rule?

There is no previous version of

MCESD Rule 347 in the SIP. There are

no previous submittals on which we

have not acted.

C. What is the purpose of the submitted

rule?

MCESD Rule 347 limits the amount of

volatile organic compounds (VOCs)

emitted by organic binder materials and

other organic materials used in molds

made of sand or other finely divided

refractory material in ferrous metal sand

casting operations. The emission of VOC

is limited to 150 pounds per day or 25

tons per year, unless VOC emissions are

controlled by a device with at least 81%

capture or by maintaining an organic

binder to sand ratio of less than 1.35 to

100 by weight. The TSD has more

information about this rule.

II. EPA’s Evaluation and Action

A. How is EPA evaluating the rule?

Generally, SIP rules must be

enforceable (see section 110(a) of the

Act), must require Reasonably Available

Control Technology (RACT) for major

sources in nonattainment areas (see

section 182(a)(2)(A)), and must not relax

existing requirements (see sections

Federal Register / Vol. 65, No. 113 / Monday, June 12, 2000 / Rules and Regulations 36789

110(l) and 193). The MCESD regulates a

serious ozone nonattainment area (see

40 CFR part 81), so MCESD Rule 347

must fulfill the requirements of RACT.

Guidance and policy documents that

we used to define specific enforceability

and RACT requirements include the

following:

1. Portions of the proposed post-1987

ozone and carbon monoxide policy that

concern RACT, 52 FR 45044, November

24, 1987.

2. ‘‘Issues Relating to VOC Regulation

Cutpoints, Deficiencies, and Deviations;

Clarification to Appendix D of

November 24, 1987 Federal Register

Notice,’’ (Blue Book), notice of

availability published in the May 25,

1988 Federal Register.

3. Profile of the Metal Casting

Industry, EPA 310–R097–004,

September 1997 (cover only.)

B. Does the Rule Meet the Evaluation

Criteria?

We believe the rule is consistent with

the relevant policy and guidance

regarding enforceability, RACT, and SIP

relaxations. The TSD has more

information on our evaluation.

C. Public Comment and Final Action.

As authorized in section 110(k)(3) of

the Act, EPA is approving the submitted

rule because we believe it fulfills all

relevant requirements. We do not think

anyone will object to this, so we are

finalizing the approval without

proposing it in advance. However, in

the Proposed Rules section of this

Federal Register, we are simultaneously

proposing approval of the same

submitted rules. If we receive adverse

comments by July 12, 2000, we will

publish a timely withdrawal in the

Federal Register to notify the public

that the direct final approval will not

take effect and we will address the

comments in a subsequent final action

based on the proposal. If we do not

receive timely adverse comments, the

direct final approval will be effective

without further notice on August 11,

2000. This will incorporate this rule

into the federally enforceable SIP.

III. Background Information

Why was this rule submitted? 

VOCs help produce ground-level

ozone and smog, which harm human

health and the environment. Section

110(a) of the CAA requires states to

submit regulations that control VOC

emissions. Table 1 lists some of the

national milestones leading to the

submittal of these local agency VOC

rules.

TABLE 1.—OZONE NONATTAINMENT MILESTONES

Date Event

March 3, 1978 ............... EPA promulgated a list of ozone nonattainment areas under the Clean Air Act as amended in 1977. 43 FR 8964; 40

CFR 81.305.

May 26, 1988 ................ EPA notified Governors that parts of their SIPs were inadequate to attain and maintain the ozone standard and requested that they correct the deficiencies (EPA’s SIP-Call). See section 110(a)(2)(H) of the pre-amended Act.

November 15, 1990 ...... Clean Air Act Amendments of 1990 were enacted. Public Law 101–549, 104 Stat. 2399, codified at 42 U.S.C. 7401–

7671q.

May 15, 1991 ................ Section 182(a)(2)(A) requires that ozone nonattainment areas correct deficient RACT rules by this date.

IV. Administrative Requirements

Under Executive Order 12866 (58 FR

51735, October 4, 1993), this action is

not a ‘‘significant regulatory action’’ and

therefore is not subject to review by the

Office of Management and Budget. This

action merely approves state law as

meeting federal requirements and

imposes no additional requirements

beyond those imposed by state law.

Accordingly, the Administrator certifies

that this rule will not have a significant

economic impact on a substantial

number of small entities under the

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

et seq.). Because this rule approves preexisting requirements under state law

and does not impose any additional

enforceable duty beyond that required

by state law, it does not contain any

unfunded mandate or significantly or

uniquely affect small governments, as

described in the Unfunded Mandates

Reform Act of 1995 (Public Law 104–4).

For the same reason, 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), because it merely

approves a state rule implementing a

federal standard, and does not alter the

relationship or the distribution of power

and responsibilities established in the

Clean Air Act. This rule also is not

subject to Executive Order 13045 (62 FR

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

economically significant.

In reviewing SIP submissions, EPA’s

role is to approve state choices,

provided that they meet the criteria of

the Clean Air Act. In this context, in the

absence of a prior existing requirement

for the State to use voluntary consensus

standards (VCS), EPA has no authority

to disapprove a SIP submission for

failure to use VCS. It would thus be

inconsistent with applicable law for

EPA, when it reviews a SIP submission,

to use VCS in place of a SIP submission

that otherwise satisfies the provisions of

the Clean Air Act. 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. As required by

section 3 of Executive Order 12988 (61

FR 4729, February 7, 1996), 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. EPA has complied

with Executive Order 12630 (53 FR

8859, March 15, 1988) 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 provisions of 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. 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

36790 Federal Register / Vol. 65, No. 113 / Monday, June 12, 2000 / Rules and Regulations

cannot take effect until 60 days after it

is published in the Federal Register.

This action is not a ‘‘major rule’’ as

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

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 August 11, 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 in 40 CFR Part 52

Environmental protection, Air

pollution control, Incorporation by

reference, Organics, Ozone, Reporting

and recordkeeping requirements,

Volatile organic compound.

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

Dated: May 12, 2000.

Laura Yoshii,

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 D—Arizona

2. Section 52.120 is amended by

adding paragraph (c)(94)(i)(C) to read as

follows:

§ 52.120 Identification of plan.

* * * * *

(c) * * *

(94) * * *

(i) * * *

(C) Rule 347, adopted on March 4,

1998.

* * * * *

[FR Doc. 00–14171 Filed 6–9–00; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[OPP–301006; FRL–6590–4]

RIN 2070–AB78

Cyprodinil; Extension of Tolerance for

Emergency Exemption

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This regulation extends a

time-limited tolerance for residues of

the fungicide cyprodinil in or on

strawberries at 5 part per million (ppm)

for an additional 1-year period. This

tolerance will expire and is revoked on

May 31, 2001. This action is in response

to EPA’s granting of an emergency

exemption under section 18 of the

Federal Insecticide, Fungicide, and

Rodenticide Act authorizing use of the

pesticide on strawberries. Section

408(l)(6) of the Federal Food, Drug, and

Cosmetic Act requires EPA to establish

a time-limited tolerance or exemption

from the requirement for a tolerance for

pesticide chemical residues in food that

will result from the use of a pesticide

under an emergency exemption granted

by EPA under section 18 of the Federal

Insecticide, Fungicide, and Rodenticide

Act.

DATES: This regulation is effective June

12, 2000. Objections and requests for

hearings, identified by docket control

number OPP-301006, must be received

by EPA on or before August 11, 2000.

ADDRESSES: Written objections and

hearing requests may be submitted by

mail, in person, or by courier. Please

follow the detailed instructions for each

method as provided in Unit III. of the

‘‘SUPPLEMENTARY INFORMATION.’’

To ensure proper receipt by EPA, your

objections and hearing requests must

identify docket control number OPP301006 in the subject line on the first

page of your response.

FOR FURTHER INFORMATION CONTACT: By

mail: Stephen Schaible, Registration

Division (7505C), Office of Pesticide

Programs, Environmental Protection

Agency, Ariel Rios Bldg., 1200

Pennsylvania Ave., NW., Washington,

DC 20460; telephone number:703–308–

9362; and e-mail address:

schaible.stephen@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

You may be affected by this action if

you are an agricultural producer, food

manufacturer, or pesticide

manufacturer. Potentially affected

categories and entities may include, but

are not limited to:

Categories NAICS Examples of potentially affected entities

Industry 111 Crop production

112 Animal production

311 Food manufacturing

32532 Pesticide manufacturing

This listing is not intended to be

exhaustive, but rather provides a guide

for readers regarding entities likely to be

affected by this action. Other types of

entities not listed in the table could also

be affected. The North American

Industrial Classification System

(NAICS) codes have been provided to

assist you and others in determining

whether or not this action might apply

to certain entities. If you have questions

regarding the applicability of this action

to a particular entity, consult the person

listed under ‘‘FOR FURTHER

INFORMATION CONTACT.’’

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–301006. The official record

consists of the documents specifically

referenced in this action, 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