40522 Federal Register / Vol. 65, No. 127 / Friday, June 30, 2000 / Rules and Regulations

3. Under the first column on page

26048, the Appendix B—Endnotes,

remove footnote 11 and renumber

footnotes 12–22 as 11–21.

II. Administrative Requirements

Under Executive Order 12866 (58 FR

51735, October 4, 1993), this action is

not a ‘‘significant regulatory action’’ and

is therefore not subject to review by the

Office of Management and Budget.

Because the agency has made a ‘‘good

cause’’ finding that this action is not

subject to notice-and-comment

requirements under the Administrative

Procedure Act or any other statute [see

discussion under ‘‘Supplementary

Information’’], it is not subject to the

regulatory flexibility provisions of the

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

et seq.), or to Sections 202 and 205 of

the Unfunded Mandates Reform Act of

1995 (UMRA) (Pub. L. 104–4). In

addition, this action does not

significantly or uniquely affect small

governments or impose a significant

intergovernmental mandate, as

described in Sections 203 and 204 of

UMRA. 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). This rule also is not

subject to Executive Order 13045 (62 FR

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

economically significant. For all of these

regulatory assessment provisions, EPA

notes that today’s notice only corrects

unintended errors and omissions in an

earlier rulemaking.

This action does not involve technical

standards; 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. The rule also does not involve

special consideration of environmental

justice related issues as required by

Executive Order 12898 (59 FR 7629,

February 16, 1994). 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, as required by Section

3 of Executive Order 12988 (61 FR 4729,

February 7, 1996). 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.). EPA’s compliance

with these statutes and Executive

Orders for the underlying rule is

discussed in the May 4, 2000 Federal

Register notice.

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. (5 U.S.C.

808(2)). As stated previously, EPA has

made such a good cause finding,

including the reasons therefore, and

established an effective date of June 30,

2000. EPA will submit a report

containing this rule and other required

information to the U.S. Senate, U.S.

House of Representatives, and the

Comptroller General of the United

States prior to publication of the rule in

the Federal Register. This action is not

a ‘‘major rule’’ as defined by 5

U.S.C.804(2).

List of Subjects

40 CFR Part 9

Reporting and recordkeeping

requirements.

40 CFR Part 141

Environmental protection, Chemicals,

Indian-lands, Intergovernmental

relations, Radiation protection,

Reporting and recordkeeping

requirements, Water supply.

Dated: June 21, 2000.

J. Charles Fox,

Assistant Administrator, Office of Water.

[FR Doc. 00–16363 Filed 6–29–00; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 9, 141, and 142

[FRL–6726–3]

OMB Approval Numbers for the

Primacy Rule Under the Paperwork

Reduction Act and Clarification of

OMB Approval for the Consumer

Confidence Report Rule

AGENCY: Environmental Protection

Agency.

ACTION: Final rule; technical

amendment.

SUMMARY: EPA is confirming that the

Office of Management and Budget

approved information collection

requirements for the final rule National

Primary Drinking Water Regulations:

Consumer Confidence Report

(Consumer Confidence Report Rule)

(August 19, 1998) and the final rule

Revisions to State Primacy

Requirements to Implement Safe

Drinking Water Act Amendments

(Primacy Rule) (April 28, 1998).

EFFECTIVE DATES: The amendment to 40

CFR 9.1 is effective June 30, 2000. 40

CFR part 141 subpart 0, and 40 CFR

142.16(f) became effective on September

20, 1998, when OMB approved the

information collection requirements for

the Consumer Confidence Report Rule.

40 CFR 142.11(a)(6) became effective on

September 21, 1998, when OMB

approved the information collection

requirements for the Primacy Rule.

FOR FURTHER INFORMATION CONTACT: For

information related to the Consumer

Confidence Report Rule, contact Rob

Allison, Information Management

Branch; Office of Ground Water and

Drinking Water; EPA (4606), Ariel Rios

Building, 1200 Pennsylvania Ave, NW,

Washington, DC 20460; telephone 202–

260–9836 or allison.rob@epa.gov. For

information related to the Primacy Rule,

contact Jennifer Melch; Regulatory

Implementation Branch; Office of

Ground Water and Drinking Water; EPA

(4606), Ariel Rios Building, 1200

Pennsylvania Ave, NW, Washington, DC

20460; telephone (202) 260–7035, or

melch.jennifer@epa.gov.

SUPPLEMENTARY INFORMATION:

I. What Does This Correction Do?

This document announces the

effective dates of certain Code of Federal

Regulations sections which contain

information collection requirements.

These information collection

requirements can be found at in 40 CFR

part 141, subpart O, and part 142,

§ 142.16(f) for the Consumer Confidence

Report Rule (63 FR 44511), and in 40

CFR part 142, § 142.11(a)(6) for the

Primacy Rule (63 FR 23362).

Under the Paperwork Reduction Act

(PRA), 44 U.S.C. 3501 et seq., an Agency

may not conduct or sponsor, and a

person is not required to respond to, a

collection of information that is subject

to approval under the PRA, unless it

displays a currently valid OMB control

number. The OMB control numbers for

EPA’s regulations are listed in 40 CFR

part 9.

Federal Register / Vol. 65, No. 127 / Friday, June 30, 2000 / Rules and Regulations 40523

OMB approved the information

collection requirements contained in the

Consumer Confidence Report Rule on

September 20, 1998, and approved the

information collection requirements

contained in the Primacy Rule on

September 21, 1998.

In the December 28, 1998 Federal

Register (63 FR 71375), EPA announced

approval for the information collection

requirements contained in the

Consumer Confidence Report Rule and

that OMB control number 2040–0201

had been assigned to these collections

activities. The document amended 40

CFR part 9 to add this OMB control

number to the comprehensive listing of

OMB control numbers for EPA’s

regulations that appears in § 9.1.

Because there was no formal linkage

between the December 28, 1998 notice

and 40 CFR parts 141 and 142 for the

Consumer Confidence Report Rule, the

OFR did not make the connection to the

information collection requirements

contained in these sections. As a result,

OFR added the following Effective Date

Note to 40 CFR part 141 Subpart O:

‘‘This section contains information

collection requirements and will not

become effective until approval has

been given by the Office of Management

and Budget.’’

This document creates that formal

linkage and instructs the OFR to remove

the Effective Date Note.

Today’s rule also amends the table of

currently approved information

collection request (ICR) control numbers

issued by OMB to include those

information requirements promulgated

under the Primacy Rule which appeared

in the Federal Register on April 28,

1998 (63 FR 23362). The affected

regulations are codified at 40 Code of

Federal Regulations (CFR) part 142. EPA

will continue to present OMB control

numbers in a consolidated table format

to be codified in 40 CFR part 9 of the

Agency’s regulations. The table lists the

section numbers with reporting and

recordkeeping requirements, and the

current OMB control numbers. This

listing of the OMB control numbers and

their subsequent codification in the CFR

satisfy the requirements of the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.) and OMB’s implementing

regulations at 5 CFR part 1320.

II. Why Is This Correction Issued as a

Final Rule?

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

procedure are impracticable,

unnecessary or contrary to the public

interest, the agency may issue a rule

without providing notice and an

opportunity for public comment. EPA

has determined that there is good cause

for making today’s rule final without

prior proposal and opportunity for

comment because both the ICRs for the

Consumer Confidence Report Rule and

the Primacy Rule were previously

subject to public notice and comment

prior to OMB approval. Today’s actions

correct the CFR to properly reflect

OMB’s approval of the information

collection requirements contained in 40

CFR part 141, subpart O, and part 142

and to amend the table in 40 CFR part

9 to include OMB approval numbers.

Thus, notice and public procedure are

unnecessary. EPA finds that this

constitutes good cause under 5 U.S.C.

553(b)(B). For the same reasons, EPA is

making the provisions of this rule

effective upon promulgation, as

authorized under the APA (see section

553(d)(3)).

III. Do Any of the Regulatory

Requirements Apply to This Action?

Under Executive Order 12866 (58 FR

51735, October 4, 1993), this action is

not a ‘‘significant regulatory action’’ and

is therefore not subject to review by the

Office of Management and Budget.

Because the agency has made a ‘‘good

cause’’ finding that this action is not

subject to notice-and-comment

requirements under the Administrative

Procedure Act or any other statute (see

section II above), it is not subject to the

regulatory flexibility provisions of the

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

et seq.), or to sections 202 and 205 of the

Unfunded Mandates Reform Act of 1995

(UMRA) (Pub. L. 104–4). In addition,

this action does not significantly or

uniquely affect small governments or

impose a significant intergovernmental

mandate, as described in sections 203

and 204 of UMRA. 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). This rule also is not

subject to Executive Order 13045 (62 FR

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

economically significant.

This technical correction action does

not involve technical standards; 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. The rule also

does not involve special consideration

of environmental justice related issues

as required by Executive Order 12898

(59 FR 7629, February 16, 1994). 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, as

required by section 3 of Executive Order

12988 (61 FR 4729, February 7, 1996).

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.).’’

EPA’s compliance with these statutes

and Executive Orders for the underlying

rules are discussed in the April 28, 1998

and August 19, 1998 Federal Register

notices.

IV. Will EPA Submit This Final Rule to

Congress and the Comptroller General?

Yes. 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. Section 808 allows

the issuing agency to make 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. 5 U.S.C. 808(2). As

stated previously, EPA has made such a

good cause finding, including the

reasons therefore, and established an

effective date for the removal of the

Effective Date Notes of June 30, 2000.

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. This is not a ‘‘major rule’’ as

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

List of Subjects

40 CFR Part 9

Environmental protection, Reporting

and recordkeeping requirements.

40524 Federal Register / Vol. 65, No. 127 / Friday, June 30, 2000 / Rules and Regulations

40 CFR Parts 141 and 142

Environmental protection, Reporting

and recordkeeping requirements, Water

supply.

Dated: June 21, 2000.

J. Charles Fox,

Assistant Administrator for Water.

For the reasons set out in the

preamble, 40 CFR part 9 is amended as

follows:

1. The authority citation of part 9

continues to read as follows:

Authority: 7 U.S.C. 135 et seq., 136–136y;

15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671;

21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33

U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318,

1321, 1326, 1330, 1342, 1344, 1345 (d) and

(e), 1361; E.O. 11735; 38 FR 21243, 3 CFR,

1971–1975 Comp. p. 973; 42 U.S.C. 241,

242b, 243, 246, 300f, 300g, 300g–1, 300g–2,

300g–3, 300g–4, 300g–5, 300g–6, 300j–1,

300j–2, 300j–3, 300j–4, 300j–9, 1857 et seq.,

6901–6992k, 7401–7671q, 7542, 9601–9657,

11023, 11048.

2. In § 9.1, the table is amended by

removing ‘‘142.10–142.13’’ and adding

the new entries in numerical order

under the indicated heading to read as

follows:

§ 9.1 OMB approvals under the Paperwork

Reduction Act.

* * * * *

40 CFR citation OMB control

No.

*****

National Primary Drinking Water

Regulations Implementation

*****

142.10 ....................................... 2040–0090

142.11(a)(1)–(a)(5) ................... 2040–0090

142.11(a)(6) .............................. 2040–0915

142.11(a)(7) .............................. 2040–0090

142.12 ....................................... 2040–0090

142.13 ....................................... 2040–0090

*****

[FR Doc. 00–16368 Filed 6–29–00; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 82

[FRL–6726–5]

RIN 2060–A173

Protection of Stratospheric Ozone:

Allocation of Essential Use Allowances

for Calendar Year 2000: Allocations for

Metered-Dose Inhalers and the Space

Shuttle and Titan Rockets

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: With this action, EPA is

allocating essential-use allowances for

calendar year 2000 for stratospheric

ozone depleting substances (ODS) for

use in medical devices and for use in

the Space Shuttle Rockets and Titan

Rockets for the year 2000 control period.

Production and import of ODS for

laboratory and analytical applications

will be addressed in a separate

rulemaking. The United States

nominated specific uses of controlled

ozone-depleting substances as essential

for calendar year 2000 under the

Montreal Protocol on Substances that

Deplete the Ozone Layer (Protocol). The

Parties to the Protocol subsequently

authorized specific quantities of ODS

for calendar year 2000 for the uses

nominated by the United States. EPA

allocates essential use allowances to an

applicant for exempted production or

import of a specific quantity of class I

ODS solely for the designated essential

purpose. These essential use allowances

permit a person to obtain controlled

ODS as an exemption to the January 1,

1996 regulatory phase-out of production

and import of these substances.

EFFECTIVE DATE: This action is effective

June 30, 2000.

ADDRESSES: Materials relevant to this

rulemaking are contained in Docket No.

A–93–39. The Docket phone is (202)

260–7548 and is located in room M–

1500, First Floor, Waterside Mall 401 M

Street, SW., Washington, DC 20460. The

materials may be inspected from 8 a.m.

until 4 p.m. Monday through Friday. A

reasonable fee may be charged by EPA

for copying docket materials.

FOR FURTHER INFORMATION CONTACT: The

Stratospheric Ozone Protection Hotline

at (800) 296–1996 or Erin Birgfeld, U.S.

Environmental Protection Agency,

Stratospheric Protection Division, Office

of Air and Radiation (6205J), Ariel Rios

Building, 1200 Pennsylvania Avenue,

NW., Washington, DC, 20460;

birgfeld.erin@epa.gov; (202) 564–9079

phone and (202) 565–2096 fax.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background

II. Allocation Process for Calendar Year 2000

III. Allocation of Essential Use Allowances

for Calendar Year 2000

IV. Response to Comments

V. Administrative Requirements

VI. Judicial Review

VII. Congressional Review

I. Background

Overview of the Essential Use Process

The Montreal Protocol on Substances

that Deplete the Ozone Layer (Protocol)

is the international agreement to reduce

and eventually eliminate production

and consumption of all stratospheric

ozone depleting substances. This is

accomplished through adherence to

phase-out schedules for the production

and consumption of specific ODS

including chlorofluorocarbons (CFCs),

halons, carbon tetrachloride, methyl

chloroform, hydrochlorofluorocarbons,

and methyl bromide. As of January

1996, production and import of class I

ODSs were phased out in all developed

countries, including the United States.

However, the Protocol and the Clean Air

Act (CAA or Act) provide exemptions

which allow for the continued import

and/or production of class I ODS for

specific uses. Under the Montreal

Protocol, exemptions are granted for

uses that are determined by the Parties

to be ‘‘essential.’’ Decision IV/25, taken

in 1992, established criteria for

determining whether a specific use

should be approved as essential, and set

forth the international process for

making determinations of essentiality.

The CAA provides for specific

exempted uses for which class I ODSs

may continue to be produced and

imported.

Once the U.S. nomination for

essential use allowances is approved by

the Parties, the U.S. EPA allocates

essential use allowances to each

essential use applicant in accordance

with the CAA. For the year 2000 and

beyond, the CAA requires EPA to

formally consult with the Food and

Drug Administration (FDA) on the

amount of CFCs that are necessary for

the production of medical devices. On

January 6, 2000, EPA issued an interim

final rule (IFR) allocating essential use

allowances for use in metered dose

asthma inhalers (MDIs) and in the Space

Shuttle and Titan Rocket (65 FR 716).

Today’s action allocates essential use

allowances for use in medical devices

and reflects the final determination of

the amount of CFCs that are necessary

for use in medical devices for calendar

year 2000. This final rule also allocates