39550 Federal Register / Vol. 65, No. 124 / Tuesday, June 27, 2000 / Rules and Regulations

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 in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

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–

022 is added to read as follows:

§ 165.T09–022 Safety zone: Lake Erie,

Maumee River, Ohio.

(a) Location. The following area is a

temporary safety zone: The waters and

adjacent shoreline extending from the

bow of the museum ship SS Willis B.

Boyer then NNE to the south end of the

City of Toledo Street, Harbors and

Bridges Building then SW to the red

nun bouy #64 then SSE to the museum

ship SS Willis B. Boyer. A triangle as

formed by positions 41° 38′ 35′′ N, 083°

31′ 54′′ W; 41° 38′ 51′′ N, 083° 31′ 50′′

W; 41° 38′ 48′′ N, 083° 31′ 58′′ W. All

nautical positions are based on North

American Datum of 1983.

(b) Effective date. This regulation is

effective between the hours of 8:30 a.m.

to 11 p.m., July 4, 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 13, 2000.

David L. Scott,

Commander, U.S. Coast Guard, Captain of

the Port.

[FR Doc. 00–16244 Filed 6–26–00; 8:45 am]

BILLING CODE 4910–15–U

NATIONAL ARCHIVES AND RECORDS

ADMINISTRATION

36 CFR Part 1290 and Chapter XIV

RIN 3095–AB00

John F. Kennedy Assassination

Records Collection Rules

AGENCY: National Archives and Records

Administration (NARA).

ACTION: Final rule.

SUMMARY: NARA is transferring

regulations providing guidance for the

interpretation and implementation of

the John F. Kennedy Assassination

Records Collection Act of 1992 from 36

CFR chapter XIV to chapter XII without

substantive change. The Assassination

Records Review Board that originally

issued the regulations terminated on

September 30, 1998, but NARA has

determined that these regulations are

still required to provide guidance to

agencies.

EFFECTIVE DATE: June 27, 2000.

FOR FURTHER INFORMATION CONTACT:

Nancy Allard at telephone number 301–

713–7360, ext. 226, or fax number 301–

713–7270.

SUPPLEMENTARY INFORMATION: The

Assassination Records Review Board

was established by the John F. Kennedy

Assassination Records Collection Act of

1992 (106 Stat. 3443). At the

termination of the Review Board on

September 30, 1998, its records were

transferred to the Archivist of the

United States. NARA continues to

maintain and supplement the collection

under the provisions of the Act. NARA

is, therefore, the successor in function to

this defunct independent agency.

The Review Board issued regulations

at 36 CFR chapter XIV providing

guidance on the Act (part 1400) on June

28, 1995. In this final rule we are

transferring those regulations without

substantive change to a new 36 CFR part

1290 in new subchapter H. Agencies

continue to identify records that may

qualify as assassination records and

need to have this guidance available.

Other Review Board regulations

implementing Government in the

Sunshine Act, FOIA, and the Privacy

Act for the Board’s own operations

(parts 1405, 1410, and 1415) are

withdrawn from the Code of Federal

Regulations as unnecessary. The Board’s

records were transferred to NARA and

are now subject to NARA regulations.

This rule is effective upon publication

for ‘‘good cause’’ as permitted by the

Administrative Procedure Act (5 U.S.C.

553(d)(3)). If the rule is not effective

before July 1, 2000, the regulations of

the defunct Review Board in 36 CFR ch.

XIV will continue to appear in the print

and electronic copies of title 36. NARA

believes that delaying the effective date

for 30 days is unnecessary as this rule

represents a minor technical

amendment and there is no substantive

impact on the public or Federal

agencies.

This rule is not a significant

regulatory action for the purposes of

Executive Order 12866 and has not been

reviewed by the Office of Management

and Budget. This rule does not have

federalism implications and is not a

major rule under 5 U.S.C. 801. As

required by the Regulatory Flexibility

Act, it is hereby certified that this rule

will not have a significant impact on a

substantial number of small entities.

List of Subjects in 36 CFR Part 1290

Archives and records.

For the reasons set forth in the

preamble and under the authority of

Pub. L. 103–345 (108 Stat. 3128), NARA

amends chapters XII and XIV of title 36,

Code of Federal Regulations, as follows:

CHAPTER XII—NATIONAL ARCHIVES AND

RECORDS ADMINISTRATION

SUBCHAPTER H—JFK ASSASSINATION

RECORDS

1. In 36 CFR ch. XII, establish

Subchapter H, consisting of parts 1290

through 1299, and add a heading for

Subchapter H to read as set forth above.

PART 1400—[REDESIGNATED AS

PART 1290]

2. Redesignate 36 CFR part 1400 as

part 1290 and reserve parts 1291–1299.

CHAPTER XIV—[VACATED]

PARTS 1405, 1410, 1415—[REMOVED]

3. In 36 CFR ch. XIV, remove parts

1405, 1410, and 1415, and vacate the

chapter.

Federal Register / Vol. 65, No. 124 / Tuesday, June 27, 2000 / Rules and Regulations 39551

Dated: June 21, 2000.

John W. Carlin,

Archivist of the United States.

[FR Doc. 00–16191 Filed 6–26–00; 8:45 am]

BILLING CODE 7515–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[085–1085b; FRL–6720–8]

Approval and Promulgation of

Implementation Plans; State of

Kansas; Correction

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule; correction.

SUMMARY: On January 11, 2000 (65 FR

1545), EPA published a direct final

action approving revisions to the Kansas

State Implementation Plan (SIP). In the

January 11, 2000, rule, EPA

inadvertently made an incorrect

reference to rule K.A.R. 28–19–20. We

are correcting the reference in this

document.

EFFECTIVE DATE: This action is effective

June 27, 2000.

FOR FURTHER INFORMATION CONTACT:

Christopher D. Hess at (913) 551–7213.

SUPPLEMENTARY INFORMATION: EPA

published a SIP for Kansas that

included revising and renumbering

regulatory definitions, streamlining

opacity requirements, expanding testing

of gasoline delivery vehicles, and

methods for calculating actual

emissions. In the January 11, 2000, rule,

FR DOC 00–27 (65 FR 1545) on page

1545, in the third column under the

heading ‘‘D. Method for Determining

Actual Emissions,’’ correct the reference

‘‘K.A.R. 28–19–20’’ to read ‘‘K.A.R. 28–

19–210.’’

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 such good

cause for making today’s rule final

without prior proposal and opportunity

for comment because we are merely

correcting an incorrect citation in a

previous action. Thus, notice and public

procedure are unnecessary.

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 merely

corrects an incorrect citation in a

previous action, 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

corrects a citation in 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 (CAA). 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, our

role is to approve state choices,

provided that they meet the criteria of

the CAA. In this context, in the absence

of a prior existing requirement for the

state to use voluntary consensus

standards (VCS), we have 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 CAA. 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,

we have 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 (CRA),

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. As

stated previously, we made such a good

cause finding, including the reasons

therefore and established an effective

date of June 27, 2000. We will submit

a report containing this rule and other

required information to the United

States Senate, the United States House

of Representatives, and the Comptroller

General of the United States prior to

publication of the rule in the Federal

Register. This correction to the Kansas

SIP table is not a ‘‘major rule’’ as

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

Dated: June 15, 2000.

William Rice,

Acting Regional Administrator, Region 7.

Accordingly, in rule FR Doc. 00–270

published at 65 FR 1545, January 11,

2000, make the following corrections:

PART 52—[CORRECTED]

Subpart R—[Corrected]

1. On page 1547, column three,

amendatory instruction 2.b., line 2,

correct ‘‘16a’, ‘K.A.R. 28–19–20’ and

‘K.A.R.’’ to read ‘‘16a’ and ‘K.A.R.’’.

2. On page 1547, column three,

amendatory instruction 2.c., line 2,

correct ‘‘ ‘K.A.R. 28–19–200’ and ‘K.A.R.

28-’’ to read ‘‘ ‘K.A.R. 28–19–200’,

‘K.A.R. 28–19–210’, and ‘K.A.R. 28-’’.

3. On page 1548, in § 52.870, the table

in paragraph (c) is corrected by

removing the heading ‘‘Processing

Operation Emissions’’ and the entry

‘‘K.A.R. 28–19–20’’ under it.

4. On page 1548, in § 52.870, the table

in paragraph (c) is corrected by adding