Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Rules and Regulations 39821

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[GA200020; FRL–6720–4]

Approval and Promulgation of Air

Quality Implementation Plans; Georgia

Update to Materials Incorporated by

Reference

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule; notice of

administrative change.

SUMMARY: EPA is updating the materials

submitted by Georgia that are

incorporated by reference (IBR) into the

State implementation plan (SIP). The

regulations affected by this update have

been previously submitted by the State

agency and approved by EPA. This

update affects the SIP materials that are

available for public inspection at the

Office of the Federal Register (OFR), the

Air and Radiation Docket and

Information Center located in Ariel Rios

Building, Washington, D.C., and the

Regional Office.

EFFECTIVE DATE: This action is effective

June 28, 2000.

ADDRESSES: SIP materials which are

incorporated by reference into 40 CFR

part 52 are available for inspection at

the following locations: Environmental

Protection Agency, Region 4, 61 Forsyth

Street, SW, Atlanta, GA 30303; Office of

Air and Radiation, Docket and

Information Center (Air Docket), EPA,

Ariel Rios Building (Mail Code 6102),

1200 Pennsylvania Avenue, NW,

Washington, DC 20460; and Office of

the Federal Register, 800 North Capitol

Street, NW, Suite 700, Washington, D.C.

FOR FURTHER INFORMATION CONTACT: Mr.

Scott M. Martin at the above Region 4

address or at (404) 562–9031.

SUPPLEMENTARY INFORMATION: The SIP is

a living document which the State can

revise as necessary to address the

unique air pollution problems in the

state. Therefore, EPA from time to time

must take action on SIP revisions

containing new and/or revised

regulations as being part of the SIP. On

May 22, 1997, (62 FR 27968) EPA

revised the procedures for incorporating

by reference Federally-approved SIPs, as

a result of consultations between EPA

and OFR. The description of the revised

SIP document, IBR procedures and

‘‘Identification of plan’’ format are

discussed in further detail in the May

22, 1997, Federal Register document.

On May 21, 1999, EPA published a

document in the Federal Register (64

FR 27699) beginning the new IBR

procedure for Georgia. In this document

EPA is doing the first update to the

material being IBRed.

In this document EPA is updating the

SIP compilation that is incorporated by

reference. EPA took notice and public

comment on this rulemaking in May

1999. No comments were received and

the rule became effective May 21, 1999.

EPA has determined that today’s rule

falls under the ‘‘good cause’’ exemption

in section 553(b)(3)(B) of the

Administrative Procedures Act (APA)

which, upon finding ‘‘good cause,’’

authorizes agencies to dispense with

public participation and section

553(d)(3) which allows an agency to

make a rule effective immediately

(thereby avoiding the 30-day delayed

effective date otherwise provided for in

the APA). Today’s rule simply codifies

provisions which are already in effect as

a matter of law in Federal and approved

State programs.

Under section 553 of the APA, an

agency may find good cause where

procedures are ‘‘impractical,

unnecessary, or contrary to the public

interest.’’ Public comment is

‘‘unnecessary’’ and ‘‘contrary to the

public interest’’ since the codification

only reflects existing law. Immediate

notice in the CFR benefits the public by

updating citations.

I. 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 (Pub. L. 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

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).

39822 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Rules and Regulations

EPA has also determined that the

provisions of section 307(b)(1) of the

Clean Air Act pertaining to petitions for

judicial review are not applicable to this

action. Prior EPA rulemaking actions for

each individual component of the

Mississippi SIP compilations had

previously afforded interested parties

the opportunity to file a petition for

judicial review in the United States

Court of Appeals for the appropriate

circuit within 60 days of such

rulemaking action. Thus, EPA sees no

need in this action to reopen the 60-day

period for filing such petitions for

judicial review.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide,

Hydrocarbons, Incorporation by

reference, Intergovernmental relations,

Lead, Nitrogen dioxide, Ozone,

Particulate matter, Reporting and

recordkeeping requirements, Sulfur

oxides.

Dated: May 19, 2000.

A. Stanley Meiburg,

Acting Regional Administrator, Region 4.

Part 52 of chapter I, title 40, Code of

Federal Regulations, is amended as

follows:

PART 52—[AMENDED]

1. The authority for citation for part

52 continues to read as follows:

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

Subpart L—Georgia

2. Section 52.570 paragraph (b) is

revised to read as follows:

§ 52.570 Identification of plan.

* * * * *

(b) Incorporation by reference.

(1) Material listed in paragraph (c) of

this section with an EPA approval date

prior to July 1, 2000, was approved for

incorporation by reference by the

Director of the Federal Register in

accordance with 5 U.S.C. 552(a) and 1

CFR part 51. The approval date for

paragraph (d) remains December 1,

1998. Material is incorporated as it

exists on the date of the approval, and

notice of any change in the material will

be published in the Federal Register.

Entries in paragraphs (c) and (d) of this

section with EPA approval dates after

July 1, 2000, will be incorporated by

reference in the next update to the SIP

compilation.

(2) EPA Region 4 certifies that the

rules/regulations provided by EPA in

the SIP compilation at the addresses in

paragraph (b)(3) of this section are an

exact duplicate of the officially

promulgated State rules/regulations

which have been approved as part of the

State implementation plan as of July 1,

2000.

(3) Copies of the materials

incorporated by reference may be

inspected at the Region 4 EPA Office at

61 Forsyth Street, SW., Atlanta, GA

30303; the Office of the Federal Register,

800 North Capitol Street, NW., Suite

700, Washington, DC.; or at the EPA, Air

and Radiation Docket and Information

Center, Air Docket (6102), Ariel Rios

Building, 1200 Pennsylvania Avenue,

N.W., Washington, DC. 20460.

* * * * *

[FR Doc. 00–16176 Filed 6–27–00; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF THE INTERIOR

Office of the Secretary

43 CFR Part 12

RIN 1090–AA67

Administrative and Audit

Requirements and Cost Principles for

Assistance Programs

AGENCY: Office of the Secretary, Interior.

ACTION: Correcting amendment.

SUMMARY: This document corrects the

final rule published June 16, 2000

which adopted as final an interim rule

published December 27, 1999. The rule

related to encouraging the use of seat

belts in response to Executive Order

13043.

DATES: Effective on July 17, 2000.

FOR FURTHER INFORMATION CONTACT:

Debra E. Sonderman, (Director, Office of

Acquisition and Property Management),

(202) 208–6431.

SUPPLEMENTARY INFORMATION:

Need for Correction

As published on June 16, 2000 (65 FR

37702), the rule indicated that the

interim rule amending 43 CFR part 12

that was published at 64 FR 72287 on

December 27, 1999, was adopted as final

without change. Because a change was

in fact made to 43 CFR 12.2(e)(3), we are

publishing this document to reflect that

change.

List of Subjects in 43 CFR Part 12

Administrative practice and

procedure, Contract programs,

Cooperative agreements, Grant

programs, Grants administration,

Reporting and recordkeeping

requirements.

Dated: June 20, 2000.

Lisa Guide,

Deputy Assistant Secretary for Policy and

International Affairs.

Part 12 of title 43 of the Code of

Federal Regulations is amended as

follows:

PART 12—ADMINISTRATIVE AND

AUDIT REQUIREMENTS AND COST

PRINCIPLES FOR ASSISTANCE

PROGRAMS

1. The authority for part 12 continues

to read as follows:

Authority: 5 U.S.C. 301; 31 U.S.C. 6101

note, 7501; 41 U.S.C. 252a, 701 et seq; Pub.

L. 104–256, 110 Stat. 1396; sec. 501, Pub. L.

105–62, 111 Stat. 1338; sec. 503, Pub. L. 105–

62, 111 Stat. 1339; sec. 303, Pub. L. 105–83,

111 Stat. 1589; sec. 307, Pub. L. 105–83, 111

Stat. 1590; E.O. 12549, 3 CFR, 1986 Comp.,

p. 189; E.O. 12674, 3 CFR, 1989 Comp., p.

215; E.O. 12689, 3 CFR, 1989 Comp., p. 235;

E.O. 12731, 3 CFR, 1990 Comp., p. 306; E.O.

13043, 62 FR 19217; 3 CFR 1997 Comp., p.

195; OMB Circular A–102; OMB Circular A–

110; and OMB Circular A–133.

Subpart A—Administrative and Audit

Requirements and Cost Principles for

Assistance Programs

2. Section 12.2 is corrected by

revising the section heading and

paragraph (e) to read as follows:

§ 12.2 What policies are financial

assistance awards and subawards in the

form of grants and cooperative agreements

subject to?

* * * * *

(e) (1) What does Executive Order

13043, ‘‘Increasing Seat Belt Use in the

United States,’’ dated April 16, 1997,

do?

(i) If you are a Federal grantee, you are

encouraged to—

(A) Adopt and enforce on-the-job seat

belt use policies and programs for your

employees when operating companyowned, rented, or personally owned

vehicles.

(B) Conduct education, awareness,

and other appropriate programs for your

employees about the importance of

wearing seat belts and the consequences

of not wearing them.

(ii) [Reserved]

(2) When does the policy apply?

(i) If a grant/cooperative agreement is

being awarded by the bureau/office of

the Department—The policy applies.

(ii) If the recipient awards a grant or

cooperative agreement to a

subrecipient—The policy applies.

(3) What terms and conditions will be

incorporated into the grant/cooperative

agreement or sub-award, if use of a

specific provision is desired and general