Federal Register / Vol. 60, No. 177 / Wednesday, September 13, 1995 / Rules and Regulations 47485

nominated by the American Samoa

government to serve of committees and

its representatives also provide

testimony and make commendations at

hearing proceedings.

Regulatory Flexibility Act

Because no notice of proposed

rulemaking is required for the rule

under 5 U.S.C. 553(b), the requirements

of the Regulatory Flexibility Act, Pub. L.

96–354, 94 Stat. 1164, 5 U.S.C. 601 et

seq. pertaining to regulatory flexibility

analysis, do not apply to this rule. See

5 U.S.C. 601(2).

Document Preparation

This document was prepared under

the direction and control of Maria

Echaveste, Administrator, Wage and

Hour Division, Employment Standards

Administration, U.S. Department of

Labor.

List of Subjects on 29 CFR Part 697

Minimum wages, American Samoa.

Promulgation of Final Rule

Because, under sections 5, 6, and 8 of

the Fair Labor Standards Act and 29

CFR 511.18, the Department has no

authority to approve or modify the rates

recommended by the industry

committee, the Department finds,

pursuant to 5 U.S.C. 553.(b)(3)(B), that

notice and public comment thereon

under the Administrative Procedure Act

are not necessary.

Accordingly, Part 697 of Chapter V of

Title 29, Code of Federal Regulations is

amended as set forth below.

Signed at Washington, D.C. this 31st day of

August, 1995.

Maria Echaveste,

Administrator, Wage and Hour Division.

PART 697—INDUSTRIES IN AMERICAN

SAMOA

1. The authority citation for Part 697

continues to read as follows:

Authority: Secs. 5, 6, 8, 52 Stat. 1062,

1064; 29 U.S.C. 205, 206, 208.

2. Section 697.1 is amended by

revising paragraphs (a)(1), (b)(1),

(b)(2)(ii), (b)(2)(iii), (c)(1), (d)(1), (e)(1),

(f)(1), (g)(1), (h)(1), (i)(1), (j)(1), (k)(1),

(l)(1), (m)(1), and (n)(1) to read as

follows:

§ 697.1 Wage rates and industry

definitions.

* * * * *

(a) Fish canning and processing and

can manufacturing industry. (1) The

minimum wage for this industry is

$3.10 an hour effective July 1, 1996.

* * * * *

(b) Shipping and transportation

industry. (1) The minimum wage for

classification A, stevedoring, lighterage

and maritime shipping agency activities,

is $3.65 an hour effective on September

28, 1995, the date specified in § 697.3;

and $3.75 an hour effective July 1, 1996.

The minimum wage for classification B,

unloading of fish, is $3.60 an hour

effective on September 28, 1995, the

date specified in § 697.3; and $3.70 an

hour effective July 1, 1996. The

minimum wage for classification C, all

other activities, is $3.50 an hour

effective on September 28, 1995, the

date specified in § 697.3; and $3.62 an

hour effective July 1, 1996.

(2) * * *

(ii) Classification B: Unloading of fish.

This classification shall include the

unloading of raw and/or frozen fish

from vessels.

(iii) Classification C: All other

activities. All other activities in the

shipping and transportation industry.

(c) Tour and travel service industry.

(1) The minimum wage for this industry

is $3.00 an hour effective on September

28, 1995, the date specified in § 697.3;

and $3.10 an hour effective July 1, 1996.

* * * * *

(d) Petroleum marketing industry. (1)

The minimum wage for this industry is

$3.45 an hour effective on September

28, 1995, the date specified in § 697.3;

and $3.55 an hour effective July 1, 1996.

* * * * *

(e) Construction industry. (1) The

minimum wage for this industry is

$3.05 an hour effective on September

28, 1995, the date specified in § 697.3;

and $3.20 an hour effective July 1, 1996.

* * * * *

(f) Hotel industry. (1) The minimum

wage for this industry is $2.45 an hour

effective on September 28, 1995, the

date specified in § 697.3; and $2.60 an

hour effective July 1, 1996.

* * * * *

(g) Retailing, wholesaling, and

warehousing industry. (1) The minimum

wage for this industry is $2.70 an hour

effective on September 28, 1995, the

date specified in § 697.3; and $2.80 an

hour effective July 1, 1996.

* * * * *

(h) Ship maintenance industry. (1)

The minimum wage for this industry is

$3.00 an hour effective on September

28, 1995, the date specified in § 697.3;

and $3.10 an hour effective July 1, 1996.

* * * * *

(i) Bottling, brewing, and dairy

products industry. (1) The minimum

wage for this industry is $2.85 an hour

effective on September 28, 1995, the

date specified in § 697.3; and $2.95 an

hour effective July 1, 1996.

* * * * *

(j) Printing and publishing industry.

(1) The minimum wage for this industry

is $3.05 an hour effective on September

28, 1995, the date specified in § 697.3;

and $3.20 an hour effective July 1, 1996.

* * * * *

(k) Finance and insurance industry.

(1) The minimum wage for this industry

is $3.45 an hour effective on September

28, 1995, the date specified in § 697.3;

and $3.60 an hour effective July 1, 1996.

* * * * *

(l) Private hospitals and educational

institutions. (1) The minimum wage for

this industry is $3.00 an hour effective

on September 28, 1995, the date

specified in § 697.3; and $3.10 an hour

effective July 1, 1996.

* * * * *

(m) Government employees industry.

(1) The minimum wage for this industry

is $2.45 an hour effective October 1,

1996.

* * * * *

(n) Miscellaneous activities industry.

(1) The minimum wage for this industry

is $2.35 an hour effective on September

28, 1995, the dated specified in § 697.3;

and $2.45 an hour effective July 1, 1996.

* * * * *

3. Section 697.3 is revised to read as

follows:

§ 697.3 Effective dates.

The wage rates specified in § 697.1

shall be effective on September 28,

1995, except as otherwise specified.

[FR Doc. 95–22138 Filed 9–12–95; 8:45 am]

BILLING CODE 4510–27–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 81

[WI56–01–7019a; FRL–5289–3]

Designation of Areas for Air Quality

Planning Purposes; Wisconsin

AGENCY: U.S. Environmental Protection

Agency (USEPA).

ACTION: Direct final rule.

SUMMARY: In this action USEPA is

removing all total suspended particulate

(TSP) area designations in the State of

Wisconsin. This direct final action was

prompted by the Wisconsin Department

of Natural Resources’ (WDNR) April 20,

1994 request to redesignate portions of

the cities of Brokaw, Green Bay,

Kenosha, Madison, Manitowac,

Marshfield, Milwaukee, Oshkosh,
47486 Federal Register / Vol. 60, No. 177 / Wednesday, September 13, 1995 / Rules and Regulations

Racine, Superior and Waukesha from

secondary TSP nonattainment to

attainment or unclassifiable for PM. On

June 3, 1993 (58 FR 31622), USEPA

published a final rule revising the

prevention of significant deterioration

(PSD) particulate matter increments,

which became effective on June 4, 1994,

so that the increments are measured in

terms of particulate matter with an

aerodynamic diameter less than 10

microns (PM). Section 107(d)(4)(B) of

the Clean Air Act (Act) authorizes

USEPA to eliminate all area TSP

designations once the increments for

PM are promulgated. The June 3, 1993

action also established the method by

which USEPA deletes such TSP

designations.

EFFECTIVE DATE: This final rule is

effective November 13, 1995, unless

USEPA receives adverse or critical

comments by October 13, 1995. If the

effective date is delayed, timely notice

will be published in the Federal

Register.

ADDRESSES: Copies of the documents

relevant to this action are available for

inspection during normal business

hours at the following location: (It is

recommended that you telephone

Christos Panos at (312) 353–8328, before

visiting the Region 5 office.) United

States Environmental Protection

Agency, Region 5, Air and Radiation

Division, Air Toxics and Radiation

Branch, 77 West Jackson Boulevard,

Chicago, Illinois 60604–3590.

FOR FURTHER INFORMATION CONTACT:

Christos Panos, Environmental

Engineer, Regulation Development

Section, Air Toxics and Radiation

Branch (AT–18J), United States

Environmental Protection Agency,

Region 5, 77 West Jackson Boulevard,

Chicago, Illinois 60604–3590, (312)

353–8328.

SUPPLEMENTARY INFORMATION:

Background

In 1971, USEPA promulgated primary

and secondary National Ambient Air

Quality Standards (NAAQS) for

particulate matter to be measured as

TSP. On July 1, 1987 (52 FR 242634),

USEPA revised the NAAQS for

particulate matter, replacing the TSP

indicator with the PM indicator. On the

same date, USEPA promulgated final

regulations under 40 CFR part 51 for

State implementation of the revised

NAAQS (52 FR 24672). In the preamble

to that action, USEPA announced that,

because of the importance of the section

107 area designations to the

applicability of the TSP increments, it

would retain the TSP designations

beyond the date on which USEPA

approves a State’s revised PM State

Implementation Plan (SIP). This would

protect the applicability of the TSP

increments until a PM increment system

could be established.

The 1990 Amendments to the Act

contained several pertinent provisions

relating to or affecting the TSP area

designations. Under section 107(d)(4)(B)

of the amended Act, Congress

established by operation of law the first

nonattainment area designations for PM,

and mandated that areas not initially

defined as nonattainment are

considered to be unclassifiable. The

entire State of Wisconsin was

designated unclassifiable for PM under

the 1990 Amendments to the Act.

Moreover, section 107(d)(4)(B) provided

that any designation for particulate

matter (measured in terms of TSP) that

the Administrator promulgated prior to

the date of enactment of the 1990

Amendments shall remain in effect for

purposes of implementing the

maximum allowable concentrations of

particulate matter (measured in terms of

TSP) increments until the Administrator

determines that such designation is no

longer necessary for that purpose.

On June 3, 1993 (58 FR 31622), under

the authority of section 166(f) of the Act,

USEPA published the final rulemaking

replacing the TSP increments with

equivalent PM increments. As a result,

the PSD increments and NAAQS will be

measured by the same indicator. As

stated at 58 FR 31635, for States already

having delegated authority to

implement the Federal PSD regulations

‘‘USEPA will eliminate the TSP

designations when the PM increments

become effective under § 52.21 on June

3, 1994.’’ The USEPA has delegated to

the State of Wisconsin the authority to

implement the PSD program. The

delegation agreement provides for

automatic adoption of the revised PM

increments once the increments become

effective. In addition, USEPA approved

the State’s PM rules as a revision to the

Wisconsin SIP on June 28, 1993 (58 FR

34528).

As suggested above, because the

revised Act sets out the narrow purpose

of maintaining the TSP designations

only until promulgation of the PM

increments, USEPA believes it is not

required to examine the TSP air quality

considerations of a TSP redesignation.

However, there may be other air quality

implications, especially PM impacts,

which follow not from a TSP

redesignation, but from a revision to

existing TSP requirements. Sections

110(l) and 193 of the Act contain very

specific restrictions on modifications or

revisions to applicable implementation

plans that may interfere with

requirements of the Act or result in

relaxations of control requirements. If

the applicable TSP plan for the area has

provisions which result in the automatic

relaxation of control requirements upon

the deletion of the area designations for

TSP, then any such deletion should not

be approved unless, consistent with

section 193, such modification is

accompanied with at least equivalent

emission reductions. Similarly, if the

applicable TSP implementation plan

automatically is modified upon the

deletion of the area designations for

TSP, then any such deletion should not

be approved unless such modification is

accompanied with a demonstration that

the revision does not interfere with

requirements of the Act. The USEPA’s

technical support document dated May

25, 1995 discusses how the

modifications and the TSP plan revision

automatically occurring upon the

deletion of the TSP designations will

not interfere with any requirement of

the Act, such as maintenance of the PM

NAAQS, and will not result in an

increase in particulate matter emissions.

Final Action

Because TSP designations are no

longer necessary and Wisconsin has

already been designated as

unclassifiable for PM, USEPA is taking

action to delete all TSP area

designations in the State of Wisconsin.

The Agency believes that this is

administratively more efficient than

redesignating the TSP secondary

nonattainment areas to attainment.

Miscellaneous

Comment and Approval Procedure

The USEPA is publishing this action

without prior proposal because USEPA

views this action as a noncontroversial

revision and anticipates no adverse

comments. However, USEPA is

publishing a separate document in this

Federal Register publication, which

constitutes a ‘‘proposed approval’’ of the

requested SIP revision and clarifies that

the rulemaking will not be deemed final

if timely adverse or critical comments

are filed. The ‘‘direct final’’ approval

shall be effective on November 13, 1995,

unless USEPA receives adverse or

critical comments by October 13, 1995.

Any parties interested in commenting

on this action should do so at this time.

If no such comments are received,

USEPA hereby advises the public that

this action will be effective on

November 13, 1995.

Applicability to Future SIP Decisions

Nothing in this action should be

construed as permitting, allowing or
Federal Register / Vol. 60, No. 177 / Wednesday, September 13, 1995 / Rules and Regulations 47487

establishing a precedent for any future

request for revision to any SIP. Each

request for a revision to the SIP shall be

considered separately in light of specific

technical, economic, and environmental

factors and in relation to relevant

statutory and regulatory requirements.

Executive Order 12866

This action has been classified as a

Table 3 action by the Regional

Administrator under the procedures

published in the Federal Register on

January 19, 1989 (54 FR 2214–2225).

The Office of Management and Budget

has exempted this regulatory action

from review under Executive Order

12866.

Regulatory Flexibility

Under the Regulatory Flexibility Act,

5 U.S.C. Section 600 et seq., USEPA

must prepare a regulatory flexibility

analysis assessing the impact of any

proposed or final rule on small entities

(5 U.S.C. Sections 603 and 604).

Alternatively, USEPA may certify that

the rule will not have a significant

impact on a substantial number of small

entities. Small entities include small

businesses, small not-for-profit

enterprises, and government entities

with jurisdiction over populations of

less than 50,000. This approval does not

create any new requirements.

Therefore, I certify that this action

does not have a significant impact on

any small entities affected. Moreover,

due to the nature of the Federal-State

relationship under the Act, preparation

of the regulatory flexibility analysis

would constitute Federal inquiry into

the economic reasonableness of the

State action. The Act forbids USEPA to

base its actions concerning SIPs on such

grounds. Union Electric Co. v. U.S. EPA,

427 U.S. 246, 256–66 (1976).

Unfunded Mandates

Under section 202 of the Unfunded

Mandates Reform Act of 1995

(‘‘Unfunded Mandates Act’’), signed

into law on March 22, 1995, USEPA

must prepare a budgetary impact

statement to accompany any proposed

or final rule that includes a Federal

mandate that may result in estimated

costs to State, local, or tribal

governments in the aggregate; or to the

private sector, of $100 million or more.

Under section 205, USEPA must select

the most cost-effective and least

burdensome alternative that achieves

the objectives of the rule and is

consistent with statutory requirements.

Section 203 requires USEPA to establish

a plan for informing and advising any

small governments that may be

significantly or uniquely impacted by

the rule.

The USEPA has determined that the

approval action promulgated today does

not include a Federal mandate that may

result in estimated costs of $100 million

or more to either State, local, or tribal

governments in the aggregate, or to the

private sector.

This Federal action approves preexisting requirements under State or

local law, and imposes no new Federal

requirements. Accordingly, no

additional costs to State, local, or tribal

governments, or the private sector,

result from this action.

Petitions for Judicial Review

Under section 307(b)(1) of the Act,

petitions for judicial review of this

action must be filed in the United States

Court of Appeals for the appropriate

circuit by November 13, 1995. 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 a rule. 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 81

Environmental protection, Air

pollution control, Intergovernmental

relations, Particulate matter, Reporting

and recordkeeping requirements.

Dated: August 17, 1995.

Valdas V. Adamkus,

Regional Administrator.

40 CFR part 81 is amended as follows:

PART 81—DESIGNATION OF AREAS

FOR AIR QUALITY PLANNING

PURPOSES

1. The authority citation for part 81

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

§ 81.350 [Amended]

2. In § 81.350 the table entitled

‘‘Wisconsin-TSP’’ is removed.

[FR Doc. 95–22620 Filed 9–12–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 180

[PP 4F4389/R2163; FRL–4973–3]

RIN 2070–AB78

CryIA(c) and CryIC Derived Delta

Endotoxins of Bacillus Thuringiensis

Encapsulated in Killed Pseudomonas

Fluorescens; Exemption From the

Requirement of a Tolerance

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This rule establishes an

exemption from the requirement of a

tolerance for residues of CryIA(c) and

CryIC derived Pseudomonas fluorescens

(MATTCH Biosecticide) in or on all raw

agricultural commodities. Mycogen

Corp. submitted a request for an

exemption from the requirement of a

tolerance. This regulation eliminates the

need to establish a maximum

permissible level for residues of this

pesticide in or on all raw agricultural

commodities.

EFFECTIVE DATE: Effective on September

13, 1995.

ADDRESSES: Written objections and

hearing requests, identified by the

document control number, [PP 4F4389/

R2163], may be submitted to: Hearing

Clerk (1900), Environmental Protection

Agency, Rm. M3708, 401 M St. SW.,

Washington, DC 20460. Fees

accompanying objections shall be

labeled ‘‘Tolerance Petition Fees’’ and

forwarded to: EPA Headquarters

Accounting Operations Branch, OPP

(tolerance fees) P.O. Box 360277M,

Pittsburgh, PA 15251. A copy of any

objections and hearing requests filed

with the Hearing Clerk should be

identified by the document control

number and submitted to: Public

Response and Program Resources

Branch, Field Operations Division

(7506C), Office of Pesticide Programs,

Environmental Protection Agency, 401

M St. SW., Washington, DC 20460. In

person, bring copy of objections and

hearing requests to: Rm. 1132, CM #2,

1921 Jefferson Davis Hwy., Arlington,

VA 22202.

A copy of objections and hearing

requests filed with the Hearing Clerk

may also be submitted electronically by

sending electronic mail (e-mail) to: oppdocket@epamail.epa.gov. Copies of

objections and hearing requests must be

submitted as an ASCII file avoiding the

use of special characters and any form

of encryption. Copies of objections and

hearing requests will also be accepted

on disks in WordPerfect in 5.1 file

format or ASCII file format. All copies

of objections and hearing requests in