37286 Federal Register / Vol. 65, No. 115 / Wednesday, June 14, 2000 / Rules and Regulations

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 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 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.lC, this rule is

categorically excluded from further

environmental documentation. A

‘‘Categorical Exclusion Determination’’

is available in the docket for inspection

or copying where indicated under

ADDRESSES.

List of Subjects

Harbors, Marine safety, Navigation

(water), Reporting and record keeping

requirements, Security measures,

Vessels, Waterways.

For the reasons discussed in the

preamble, the Coast Guard amends 33

CFR part 165 as follows:

PART 165—REGULATED NAVIGATION

AREAS AND LIMITED ACCESS AREAS

1. The authority citation for part 165

continues to read as follows:

Authority: 33 U.S.C. 1231; 50 U.S.C. 191;

and 33 CFR 1.05–1(g), 6.04–6, and 160.5; and

49 CFR 1.46.

2. A new temporary section 165.T09–

014 is added to read as follows:

§ 165.T09–014 Safety zone: Lake Erie,

Ottawa River, Ohio Washington Township,

Ohio.

(a) Location. The following area is a

temporary safety zone. The waters and

adjacent shoreline inside a 420′ radius

as extended from position 41 deg.43

min.21 sec. N by 083 deg.28 min.46

sec.W, off the southeast end of the

Summit Street Bridge structure. Lake

Erie, Ohio. All nautical positions are

based on North American Datum of

1983.

(b) Effective dates. This regulation is

effective between the hours of 2:30 P.M.

TO 11 P.M., June 24, 2000, unless

terminated earlier by the Captain of the

Port.

(c) Restrictions. In accordance with

the general regulations in section 165.23

of this part, entry into this zone is

prohibited unless authorized by the

Captain of the Port.

Dated: June 1, 2000.

David L. Scott,

Commander, U.S. Coast Guard, Captain of

the Port.

[FR Doc. 00–15055 Filed 6–13–00; 8:45 am]

BILLING CODE 4910–15–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[UT–001–0029; FRL–6711–9]

Approval and Promulgation of Air

Quality Implementation Plan for Utah:

Transportation Control Measures

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving revisions to

the Utah State Implementation Plan

(SIP) that incorporate a new

transportation control measure (TCM) in

Utah County. Approval of this TCM as

part of the Utah SIP means that this

measure will receive priority for

funding, and that it may proceed in the

event of a transportation conformity

lapse. We are approving this SIP

revision under sections 110(k) and 176

of the Clean Air Act. We give our

rationale for approving this SIP revision

in this document.

DATES: This rule is effective on August

14, 2000 without further notice, unless

EPA receives adverse comment by July

14, 2000. If we receive adverse

comment, we will publish a timely

withdrawal in the Federal Register

informing the public that this rule will

not take effect.

ADDRESSES: Written comments may be

mailed to: Richard R. Long, Director, Air

and Radiation Program, Mailcode 8P–

AR, United States Environmental

Protection Agency, Region VIII, 999

18th Street, Suite 500, Denver, Colorado

80202–2466.

Copies of the documents relevant to

this action are available for public

inspection during normal business

hours at the following offices:

United States Environmental Protection

Agency, Region VIII, Air and

Radiation Program, 999 18th Street,

Suite 500, Denver, Colorado 80202–

2466; and,

United States Environmental Protection

Agency, Air and Radiation Docket and

Information Center, 401 M Street, SW,

Washington, DC 20460.

Copies of the State documents

relevant to this action are available for

public inspection at:

Utah Division of Air Quality,

Department of Environmental Quality,

150 North 1950 West, Salt Lake City,

Utah, 84114–4820.

FOR FURTHER INFORMATION CONTACT: Jeff

Houk, Air and Radiation Program,

Mailcode 8P–AR, United States

Environmental Protection Agency,

Region VIII, 999 18th Street, Suite 500,

Denver, Colorado 80202–2466.

Telephone number: (303) 312–6446.

SUPPLEMENTARY INFORMATION:

Throughout this document, wherever

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

EPA.

I. What Is EPA Approving Today and

Why?

We are approving revisions to the

Utah SIP to incorporate a new TCM.

Specifically, we are approving revisions

to SIP Section XI, ‘‘Other Control

Measures for Mobile Sources,’’ and a

new rule, R307–110–19, that

incorporates this section of the SIP into

State regulation. The specific TCM

incorporated in Section XI is the

construction of up to 700 park and ride

spaces in Utah County by the year 2006.

The SIP revision does not specify a

location for these park and ride spaces,

but refers to the Mountainland

Association of Governments’ ‘‘Utah

Valley Area Park and Ride Lot Plan,’’

which will guide implementation of this

measure. Construction of these park and

ride spaces is estimated to result in

emission reductions of up to 737

pounds per day of carbon monoxide,

175 pounds per day of nitrogen oxides,

75 pounds per day of volatile organic

compounds, and 116 pounds per day of

particulate matter in the year 2010 (the

Federal Register / Vol. 65, No. 115 / Wednesday, June 14, 2000 / Rules and Regulations 37287

Park and Ride Lot Plan does not provide

emission reduction estimates for the

year 2006). The Park and Ride Lot Plan

provides these emission reduction

estimates for informational purposes;

the State is not incorporating the

emission reductions into Utah County’s

SIPs for carbon monoxide or particulate

matter at this time. These park and ride

facilities have been included in the

transportation plan and transportation

improvement program for Utah County.

EPA’s transportation conformity rule,

40 CFR 93 subpart A, includes several

requirements relating to TCMs (62 FR

43780, August 15, 1997). Section 93.113

of the rule requires that TCMs be funded

and implemented on the schedule

provided for in the SIP, and that other

projects not interfere with the

implementation of TCMs. As a result of

EPA’s approval of this TCM into the

SIP, this TCM must be implemented on

schedule in order for the Mountainland

Association of Governments to be able

to make a positive finding of conformity

for its long range transportation plan

and transportation improvement

program. In addition, in the event of a

conformity lapse, this TCM is eligible to

proceed to construction pursuant to

section 93.114(b) of the conformity rule.

II. Opportunity for Public Comments

The EPA is publishing this rule

without prior proposal because we view

this as a noncontroversial amendment

and anticipate no adverse comment.

However, in the ‘‘Proposed Rules’’

section of today’s Federal Register

publication, we are publishing a

separate document that will serve as the

proposal to approve this SIP revision if

adverse comments are filed. This rule

will be effective on August 14, 2000

without further notice unless we receive

adverse comment by July 14, 2000. If

EPA receives adverse comment, we will

publish a timely withdrawal in the

Federal Register informing the public

that the rule will not take effect. We will

address all public comments in a

subsequent final rule based on the

proposed rule. We will not institute a

second comment period on this action.

Any parties interested in commenting

must do so at this time.

III. 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. section 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 action is not a ‘‘major rule’’ as

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

rule will be effective August 14, 2000

unless EPA receives adverse written

comments by July 14, 2000.

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 14, 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

Air pollution control, Carbon

monoxide, Environmental protection,

Hydrocarbons, Incorporation by

reference, Intergovernmental relations,

Nitrogen dioxide, Particulate matter,

Volatile organic compounds.

Dated: June 1, 2000.

Jack McGraw,

Acting Regional Administrator, Region VIII.

Chapter I, title 40, of the Code of

Federal Regulations are 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—Utah

2. Section 52.2320 is amended by

adding paragraph (c)(44) to read as

follows:

37288 Federal Register / Vol. 65, No. 115 / Wednesday, June 14, 2000 / Rules and Regulations

§ 52.2320 Identification of plan.

* * * * *

(c) * * *

(44) On February 29, 2000, the

Governor of Utah submitted revisions to

Section XI of the SIP that incorporate a

new transportation control measure for

Utah County into the SIP and State

regulation.

(i) Incorporation by reference.

(A) UACR R307–110–19, Section XI,

Other Control Measures for Mobile

Sources, as adopted on February 9,

2000, effective February 10, 2000.

(B) Revisions to Section XI of the Utah

SIP, Other Control Measures for Mobile

Sources, adopted February 9, 2000,

effective February 10, 2000.

[FR Doc. 00–14993 Filed 6–13–00; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Office of the Secretary

45 CFR Part 5b

RIN 0925–AA23

Privacy Act of 1974; Proposed

Implementation

AGENCY: Office of the Secretary, HHS.

ACTION: Final rule.

SUMMARY: The Department of Health and

Human Services is exempting a new

system of records, 09–25–0213,

‘‘Administration: Investigative Records,

HHS/NIH/OM/OA/OMA,’’ from certain

requirements of the Privacy Act to

protect records compiled in the course

of an inquiry and/or investigation and to

protect the identity of confidential

sources who furnish information to the

Government under an express promise

that the identity of such source would

be held in confidence.

DATES: This final rule is effective on July

14, 2000.

FOR FURTHER INFORMATION CONTACT: NIH

Privacy Act Officer, 6011 Executive

Boulevard, Room 601, Rockville, MD

20852, 301–496–2832 (this is not a toll

free number).

SUPPLEMENTARY INFORMATION: The Office

of Management Assessment (OMA)

assumes the lead responsibility on cases

received through the DHHS Office of

Inspector General (OIG) hotline that are

referred to NIH for action. OMA serves

as NIH’s central liaison on matters

involving the Office of Audit Services,

OIG; General Accounting Office; Federal

Bureau of Investigation; congressional

staff members; etc., related to

management controls and audits. OMA

also has overall responsibility for all

matters related to management controls

to prevent fraud, waste, abuse, and

conflict of interest or the appearance of

these, including the development and

implementation of policy and the

Annual Management Control Plan and

the development of management

oversight activity that focuses on early

identification and prevention of such

occurrences.

To perform these responsibilities,

OMA compiles and maintains

administrative and investigative records

related to alleged or suspected

violations of statutes, regulations, and

policies governing the conduct of

Federal employees, recipients of Federal

funding, and others who transact, or

seek to transact business with the NIH.

These records contain information

related to complaints of incidents,

inquiries and investigative findings,

administrative and other matters

involving complainants, suspects and

witnesses, and court dispositions.

The administrative and investigation

records are located in the OMA and

constitute a ‘‘system of records’’ as

defined by the Privacy Act.

Under the Privacy Act, individuals

have a right of access to information

pertaining to them which is contained

in a system of records. At the same time,

the Act permits certain types of systems

to be exempt from some of the Privacy

Act requirements. Subsection (k)(2)

allows agency heads to exempt a system

of records containing investigatory

material compiled for enforcement

purposes. This exemption is qualified in

that if the material results in denial of

any right, privilege, or benefit to an

individual to which that individual

would be entitled by Federal law, the

individual must be granted access to the

material, unless the access would reveal

the identity of a source who furnished

information to the Government under an

express promise of confidentiality. In

addition, paragraph (k)(5) permits an

agency to exempt material from the

individual access, notification, and

correction and amendment provisions of

the Act where investigatory material is

compiled for the purpose of determining

suitability, eligibility, or qualification

for federal employment or federal

contracts if release of the material

would cause the identity of a

confidential source to be revealed.

Because the administrative and

investigative records are compiled by a

distinct component of the agency whose

principal function is investigations

which compile material for law

enforcement purposes, the specific

exemption (k)(2) requirements are met

and the exemption is justified.

Investigatory materials are compiled for

the purpose of determining suitability,

eligibility, or qualification for federal

employment or federal contracts in the

course of investigations that result from

a direct allegation or from suspected

violations of statutes, regulations and

policies uncovered during an

administrative management control

review or audit. Investigatory material

compiled for the purpose of determining

whether applicants are suitable, eligible

or qualified justifies the need to invoke

the paragraph (k)(5) exemption.

The system contains sensitive

investigative records. The release of

these records to the subject of the

investigation could have a chilling effect

on the willingness of informants to

provide information freely, not only

because of fear of retribution, but

because they might hesitate to provide

any information other than that of

which they are entirely certain.

Disclosure could impede ongoing

investigations and violate the privacy

rights of individuals other than the

subject of the investigation, thereby

diminishing the ability of OMA to

conduct a thorough and accurate

investigation. Disclosure of information

from these records might also reveal to

the subjects of the investigation that

their actions are being scrutinized,

allowing them the opportunity to

prevent detection of illegal activities.

Finally, disclosure of information from

the records might reveal investigative

techniques and thereby jeopardize the

integrity of the investigation.

Sources may be reluctant to provide

sensitive information unless they can be

assured that their identities will not be

revealed. These exemptions ensure that:

(1) Efforts to obtain accurate and

objective information will not be

hindered; (2) investigative records will

not be disclosed inappropriately; and (3)

identities of confidential sources and

OMA investigators will be protected.

Accordingly, NIH in collaboration with

the Department is exempting this

system under paragraphs (k)(2) and

(k)(5) of the Privacy Act from the

notification, access, correction, and

amendment provisions of the Privacy

Act [paragraphs (c)(3), (d)(1)–(4),

(e)(4)(G) and (H) and (f)].

The Department of Health and Human

Services announced its intentions to

exempt this system in a notice of

proposed rulemaking (NPRM) published

in the Federal Register on July 9, 1999

(64 FR 37081). No comments were

received. Consequently the amendment

is the same as that proposed in the

NPRM.