Federal Register / Vol. 65, No. 114 / Tuesday, June 13, 2000 / Rules and Regulations 37045

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 Executive

Order 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 Executive

Order 12988, Civil Justice Reform, to

minimize litigation, eliminate

ambiguity, and reduce burden.

Protection of Children

We have analyzed this rule under

Executive Order 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 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

regulation will have no impact on the

environment.

List of Subjects

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Waterways.

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. Section 165.100 is also issued

under authority of Sec. 311, Pub. L. 105–383.

2. Add temporary § 165.T05–016 to

read as follows:

165.T05–013 Safety Zone;

Chickahominy River, Virginia.

(a) Location. The following area is a

safety zone: All waters of the

Chickahominy River, within a 500-foot

radius of a shoreside fireworks display

in approximate position 37°14.51′ N,

076°52.10′ W.

(b) Captain of the Port. Captain of the

Port means the Commanding Officer of

the Marine Safety Office Hampton

Roads, Norfolk, VA or any Coast Guard

commissioned, warrant, or petty officer

who has been authorized to act on his

behalf.

(c) Regulations: (1) All persons are

required to comply with the general

regulations governing safety zones

found in section 165.23 of this part.

(2) Persons or vessels requiring entry

into or passage through this safety zone

must first request authorization from the

Captain of the Port. The Coast Guard

representative enforcing the safety zone

can be contacted on VHF marine band

radio, channels 13 and 16. The Captain

of the Port can be contacted at telephone

number (757) 484–8192.

(3) The Captain of the Port will notify

the public of changes in the status of

this safety zone by marine information

broadcast on VHF marine band radio,

channel 22 (157.1 MHz).

(d) Effective Date: This section is in

effect from 8 p.m. until 11:30 p.m. on

July 4, 2000.

Dated: June 5, 2000.

J.E. Schrinner,

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

Port Hampton Roads.

[FR Doc. 00–14858 Filed 6–12–00; 8:45 am]

BILLING CODE 4910–15–P

DEPARTMENT OF EDUCATION

34 CFR Part 685

William D. Ford Federal Direct Loan

Program

AGENCY: Department of Education.

ACTION: Final regulations; correction.

SUMMARY: On November 1, 1999

amendments to regulations governing

the William D. Ford Federal Direct Loan

Program were published in the Federal

Register (64 FR 59016). This document

corrects the designation of the section

amended in item 24 and adds a word

inadvertently dropped from § 685.306(a)

as amended in item 26 on page 59044.

The change made in item 24 should

have been made to § 685.216, rather

than to § 685.215, because § 685.215 was

previously redesignated as § 685.216 in

separate amendments published in the

same issue of the Federal Register (64

FR 58969).

DATES: These regulations, as corrected,

are effective July 1, 2000.

FOR FURTHER INFORMATION CONTACT: Ms.

Nicki Meolo, U.S. Department of

Education, 400 Maryland Avenue, SW.,

Room 3045, Regional Office Building 3,

Washington, DC 20202–5346.

Telephone: (202) 708–8242. If you use a

telecommunications device for the deaf

(TDD), you may call the Federal

Information Relay Service (FIRS) at 1–

800–877–8339.

Individuals with disabilities may

obtain this document in an alternative

format (e.g., Braille, large print,

audiotape, or computer diskette) on

request to the contact person listed in

the preceding paragraph.

SUPPLEMENTARY INFORMATION: In FR Doc.

99–28315, published in the Federal

Register on November 1, 1999 (64 FR

59016), in item 24 on page 59044, the

reference to ‘‘Section 685.215’’ is

corrected to read ‘‘Section 685.216’’ and

the number and heading of the amended

section are corrected to read ‘‘§ 685.216

Consolidation.’’ In item 26 on page

59044, in the amended text of

§ 685.306(a), in the third column, first

line, add the word ‘‘portion’’ after the

word ‘‘that’’ and before the word ‘‘of.’’

Electronic Access to This Document

You may view this document in text

or Adobe Portable Document Format

(PDF) on the Internet at either of the

following sites:

http://ocfo.ed.gov/fedreg.htm

http://www.ed.gov/news.html

To use the PDF you must have the Adobe

Acrobat Reader, which is available free at

either of the previous sites. If you have

questions about using the PDF, call the U.S.

Government Printing Office (GPO), toll free,

at 1–888–293–6498; or in the Washington,

DC area at (202) 512–1530.

Note: The official version of this document

is the document published in the Federal

Register. Free Internet access to the official

edition of the Federal Register and the Code

of Federal Regulations is available on GPO

Access at: http://www.access.gpo.gov/nara/

index.html

(Catalog of Federal Domestic Assistance

Number: 84.268 William D. Ford

Federal Direct Loan Program)

List of Subjects in 34 CFR Part 685

Administrative practice and

procedure, Colleges and universities,

Education, Loan programs—education,

Reporting and recordkeeping

requirements, Student aid, Vocational

education.

37046 Federal Register / Vol. 65, No. 114 / Tuesday, June 13, 2000 / Rules and Regulations

Dated: June 7, 2000.

A. Lee Fritschler,

Assistant Secretary, Office of Postsecondary

Education.

[FR Doc. 00–14823 Filed 6–12–00; 8:45 am]

BILLING CODE 4000–01–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 62

[WV—6013a; FRL–6714–2]

Approval and Promulgation of State

Air Quality Plans for Designated

Facilities and Pollutants; West

Virginia; Control of Emissions From

Existing Hospital/Medical/Infectious

Waste Incinerators

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving the West

Virginia hospital/medical/infectious

waste incinerator (HMIWI) 111(d)/129

plan ( the ‘‘plan’’) submitted on August

18, 1999 by the West Virginia Division

of Environmental Protection (WV DEP),

and the subsequent plan amendment of

April 19, 2000. The plan establishes

emission limitations and other

requirements for existing HMIWIs, and

provides for the implementation and

enforcement of those limitations and

requirements.

DATES: This final rule is effective July

28, 2000 unless by July 13, 2000 adverse

or critical comments are received. If

adverse comment is received, EPA will

publish a timely withdrawal of the

direct final rule in the Federal Register

and inform the public that the rule will

not take effect.

ADDRESSES: Comments may be mailed to

Makeba A. Morris, Chief, Technical

Assessment Branch, Mailcode 3AP22,

Environmental Protection Agency,

Region III, 1650 Arch Street,

Philadelphia, Pennsylvania 19103.

Copies of the documents relevant to this

action are available for public

inspection during normal business

hours at the following locations: Air

Protection Division, Environmental

Protection Agency, Region III, 1650

Arch Street, Philadelphia, Pennsylvania

19103–2029; and the West Virginia

Division of Environmental Protection,

Office of Air Quality, 7012 MacCorkle

Avenue, South East, Charleston, West

Virginia 25304.

FOR FURTHER INFORMATION CONTACT:

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

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

SUPPLEMENTARY INFORMATION: This

document is divided into Sections I

through V and answers the questions

posed below.

I. General Provisions

What is EPA approving?

What is a State/local 111(d)/129 plan?

What pollutant(s) will this action control?

What are the expected environmental and

public health benefits from controlling

HMIWI emissions?

II. Federal Requirements the WV HMIWI

111(d)/129 Plan Must Meet for Approval

What general EPA requirements must the

WV DEP meet in order to receive

approval of its HMIWI 111(d)/129 plan?

What does the WV plan contain?

Does the WV plan meet all EPA

requirements for approval?

III. Requirements for Affected HMIWI

Owners/Operators

How do I determine if my HMIWI is

subject to the WV 111(d)/129 plan?

What general requirements must I meet

under the approved EPA 111(d)/129

plan?

What emissions limits must I meet, and in

what time frame?

Are there any operational requirements for

my HMIWI and air pollution control

system?

What are the testing, monitoring,

recordkeeping, and reporting

requirements for my HMIWI?

Is there a requirement for obtaining a Title

V permit?

IV. Final EPA Action

V. Administrative Requirements

I. General Provisions

Q. What is EPA approving?

A. EPA is approving the WV 111(d)/

129 plan (the ‘‘plan’’) for the control of

air pollution emissions from hospital/

medical/infectious waste incinerators

(HMIWIs). The plan was developed by

the WV DEP. On August 18, 1999 the

WV DEP submitted its plan to EPA; and

on April 19, 2000 submitted a plan

amendment. EPA is publishing this

approval action without prior proposal

because we view this as a

noncontroversial action and anticipate

no adverse comments.

Q. What is a State/local 111(d)/129

plan?

A. Section 111(d) of the Clean Air Act

(CAA) requires that ‘‘designated’’

pollutants, controlled under standards

of performance for new stationary

sources by Section 111(b) of the CAA,

must also be controlled at existing

sources in the same source category to

a level stipulated in an emission

guidelines (EG) document. Section 129

of the CAA specifically addresses solid

waste combustion and emissions

controls based on what is commonly

referred to as maximum achievable

control technology (MACT). Section 129

requires EPA to promulgate a MACTbased EG document, and then requires

states to develop 111(d)/129 plans that

implement and enforce the EG

requirements. The HMIWI EG at 40 CFR

part 60, subpart Ce, establish the MACT

requirements under the authority of

both Sections 111(d) and 129 of the

CAA. These requirements must be

incorporated into a State/local 111(d)/

129 plan that is ‘‘at least as protective’’

as the EG, and is Federally enforceable

upon approval by EPA.

The procedures for adoption and

submittal of State 111(d)/129 plans are

codified in 40 CFR part 60, subpart B.

Additional information on the submittal

of State plans is provided in the EPA

document, ‘‘Hospital/Medical/Infectious

Waste Incinerator Emission Guidelines:

Summary of the Requirements for

Section 111(d)/129 State Plans, EPA–

456/R–97–007, November, 1997.’’

Q. What pollutant(s) will this action

control?

A. The September 15, 1997

promulgated EG, Subpart Ce, are

applicable to all existing HMIWIs (i.e.,

the designated facilities) that emit

organics (dioxins/furans), carbon

monoxide, metals (cadmium, lead,

mercury, particulate matter), opacity,

and acid gases (hydrogen chloride,

sulfur dioxide, and nitrogen oxides).

This action establishes emission

limitations for each of these pollutants.

Q. What are the expected

environmental and public health

benefits from controlling HMIWI

emissions?

A. HMIWI emissions can have adverse

effects on both public health and the

environment. Dioxin, lead, and mercury

can bioaccumulate in the environment.

Exposure to dioxins/furans has been

linked to reproductive and

developmental effects, changes in

hormone levels, and chloracne.

Respiratory and other effects are

associated with exposure to particulate

matter, sulfur dioxide, cadmium,

hydrogen chloride, and mercury. Health

effects associated with exposure to

cadmium, and lead include probable

carcinogenic effects. Acid gases

contribute to the acid rain that lowers

the pH of surface waters and

watersheds, harms forests, and damages

buildings.

II. Federal Requirements the West

Virginia HMIWI 111(d)/129 Plan Must

Meet for Approval

Q. What general requirements must

the WV DEP meet to receive approval of

its WV 111(d)/129 plan?

A. The plan must meet the

requirements of both 40 CFR part 60,

subparts B, and Ce. Subpart B specifies

detailed procedures for the adoption

and submittal of State plans for