1068 Federal Register / Vol. 65, No. 5 / Friday, January 7, 2000 / Rules and Regulations

in approximate position 40°44′49′′ N

074°01′02′′ W (NAD 1983), about 500

yards west of Pier 60, Manhattan, New

York.

(e) Raritan Bay Safety Zone: All

waters of Raritan Bay in the vicinity of

the Raritan River Cutoff and Ward Point

Bend (West) within a 240-yard radius of

the fireworks barge in approximate

position 40°30′04′′ N 074°15′35′′ W

(NAD 1983), about 240 yards east of

Raritan River Cutoff Channel Buoy 2

(LLNR 36595).

(f) Notification. Coast Guard Activities

New York will cause notice of the

activation of these safety zones to be

made by all appropriate means to effect

the widest publicity among the affected

segments of the public, including

publication in the local notice to

mariners, marine information

broadcasts, and facsimile. Fireworks

barges used in these locations will also

have a sign on their port and starboard

side labeled ‘‘FIREWORKS BARGE’’.

This sign will consist of 10′′ high by

1.5′′ wide red lettering on a white

background.

(g) Effective Period. This section is

effective from 8 p.m. e.s.t. to 1 a.m. e.s.t.

each day a barge with a ‘‘FIREWORKS

BARGE’’ sign on the port and starboard

side is on-scene in a location listed in

paragraphs (a) through (e) of this

section. Vessels may enter, remain in, or

transit through these safety zones during

this time frame if authorized by the

Captain of the Port New York or

designated Coast Guard patrol personnel

on scene.

(h) Regulations. (1) The general

regulations contained in 33 CFR 165.23

apply.

(2) All persons and vessels shall

comply with the instructions of the

Coast Guard Captain of the Port or the

designated on-scene-patrol personnel.

These personnel comprise

commissioned, warrant, and petty

officers of the Coast Guard.

Upon being hailed by a U.S. Coast

Guard vessel by siren, radio, flashing

light, or other means, the operator of a

vessel shall proceed as directed.

Dated: December 14, 1999.

R.E. Bennis,

Captain, Coast Guard,

Captain of the Port, New York.

[FR Doc. 00–350 Filed 1–6–00; 8:45 am]

BILLING CODE 4910–15–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[TN–195–9947(a), TN–188–9959(a); FRL–

6519–4]

Approval and Promulgation of Air

Quality Implementation Plans;

Tennessee; Revision to Rule

Governing Monitoring of Source

Emissions

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: On February 24, 1997, and

May 8, 1997, the Tennessee Department

of Environment and Conservation

submitted revisions to the Tennessee

State Implementation Plan (SIP). These

revisions consisted of amendments to

Rules 1200–3–12–.04 Monitoring

Required for Determining Compliance of

Certain Large Sources and 1200–3–10–

.02 Monitoring of Source Emissions,

Recording and Reporting of the Same

are Required. Tennessee submitted

these revisions to clarify the reporting

requirements. EPA is approving the

aforementioned changes to the SIP

because they are consistent with the

Clean Air Act and EPA requirements.

DATES: This direct final rule is effective

on March 7, 2000 without further

notice, unless EPA receives adverse

comment by February 7, 2000. If adverse

comment is received, EPA will publish

a timely withdrawal of the direct final

rule in the Federal Register and inform

the public that the rule will not take

effect.

ADDRESSES: All comments should be

addressed to: Randy Terry at the EPA,

Region 4 Air Planning Branch, 61

Forsyth Street, SW, Atlanta, Georgia

30303.

Air and Radiation Docket and

Information Center (Air Docket 6102),

U.S. Environmental Protection Agency,

401 M Street, SW, Washington, DC

20460.

Environmental Protection Agency,

Region 4 Air Planning Branch, 61

Forsyth Street, SW, Atlanta, Georgia

30303.

Office of the Federal Register, 800

North Capitol Street, NW, Suite 700,

Washington, DC. Tennessee Department of

Environment and Conservation, 9th

Floor L & C Annex, 401 Church St,

Nashville, TN 37243–1531.

FOR FURTHER INFORMATION CONTACT:

Randy Terry at the above Region 4

address or at 404–562–9032.

SUPPLEMENTARY INFORMATION: On

February 24, 1997, the Tennessee

Department of Environment and

Conservation submitted a revision to

paragraph (1) of rule 1200–3–12–.04.

This revision was made to change an

incorrect reference to a subparagraph (e)

to the correct reference of subparagraph

(d).

On May 8, 1997, the Tennessee

Department of Environment and

Conservation submitted revisions to

Subpart (i) of part 1. of Subparagraph (c)

of paragraph (2) of Rule 1200–3–10–.02

of the Tennessee SIP. These revisions

delete the word ‘‘or’’ and add the

language ‘‘in excess of the applicable

emission standard or all’’ to the first

sentence between the words ‘‘averages’’

and the number ‘‘24’’ so that as

amended, the subpart shall read: 1. (i) The source owner or operator

shall report all 3-hour averages in excess

of the applicable emission standard or

all 24-hour averages in units of the

applicable emission standard. The 3-

hour and 24-hour values shall be

computed by taking the average of three

contiguous or 24 contiguous one-hour

values of sulfur dioxide emissions. The

one-hour average values may be

obtained by integration over the onehour period or be computed from four

or more data points equally spaced over

each one-hour period. Data recorded

during periods of monitoring system

breakdowns, repairs, calibration checks,

and zero and span adjustments shall not

be included on the data averages.

Final Action

EPA is approving the aforementioned

changes to the State Implementation

Plan (SIP) because they are consistent

with the Clean Air Act and EPA

requirements. EPA is publishing this rule without

prior proposal because the Agency

views this as a noncontroversial

amendment and anticipates no adverse

comments. However, in the proposed

rules section of this Federal Register

publication, EPA is publishing a

separate document that will serve as the

proposal to approve the SIP revision

should relevant adverse comments be

filed. This rule will be effective March

7, 2000 without further notice unless

the Agency receives relevant adverse

comments by February 7, 2000. If the EPA receives such comments,

then EPA will publish a document

withdrawing the final rule and

informing the public that the rule will

not take effect. All public comments

received will then be addressed in a

subsequent final rule based on the

proposed rule. The EPA will not

institute a second comment period on

the proposed rule. Only parties

interested in commenting on this action

should do so at this time. If no such

comments are received, the public is

Federal Register / Vol. 65, No. 5 / Friday, January 7, 2000 / Rules and Regulations 1069

advised that this rule will be effective

on March 7, 2000 and no further action

will be taken on the proposed rule.

Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget

(OMB) has exempted this regulatory

action from Executive Order 12866,

entitled ‘‘Regulatory Planning and

Review.’’

B. Executive Orders on Federalism

Under Executive Order 12875, EPA

may not issue a regulation that is not

required by statute and that creates a

mandate upon a state, local, or tribal

government, unless the Federal

government provides the funds

necessary to pay the direct compliance

costs incurred by those governments. If

the mandate is unfunded, EPA must

provide to the Office of Management

and Budget a description of the extent

of EPA’s prior consultation with

representatives of affected state, local,

and tribal governments, the nature of

their concerns, copies of written

communications from the governments,

and a statement supporting the need to

issue the regulation.

In addition, Executive Order 12875

requires EPA to develop an effective

process permitting elected officials and

other representatives of state, local, and

tribal governments ‘‘to provide

meaningful and timely input in the

development of regulatory proposals

containing significant unfunded

mandates.’’ Today’s rule does not create

a mandate on state, local or tribal

governments. The rule does not impose

any enforceable duties on these entities.

Accordingly, the requirements of

section 1(a) of Executive Order 12875 do

not apply to this rule.

On August 4, 1999, President Clinton

issued a new executive order on

federalism, Executive Order 13132, (64

FR 43255 (August 10, 1999),) which will

take effect on November 2, 1999. In the

interim, the current Executive Order

12612, (52 FR 41685 (October 30,

1987),) on federalism still applies. This

rule will not have a substantial direct

effect on 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 12612. The

rule affects only one State, and does not

alter the relationship or the distribution

of power and responsibilities

established in the Clean Air Act.

C. Executive Order 13045

Protection of Children from

Environmental Health Risks and Safety

Risks (62 FR 19885, April 23, 1997),

applies to any rule that: (1) Is

determined to be ‘‘economically

significant’’ as defined under Executive

Order 12866, and (2) concerns an

environmental health or safety risk that

EPA has reason to believe may have a

disproportionate effect on children. If

the regulatory action meets both criteria,

the Agency must evaluate the

environmental health or safety effects of

the planned rule on children, and

explain why the planned regulation is

preferable to other potentially effective

and reasonably feasible alternatives

considered by the Agency.

This rule is not subject to Executive

Order 13045 because it does not involve

decisions intended to mitigate

environmental health or safety risks.

D. Executive Order 13084

Under Executive Order 13084, EPA

may not issue a regulation that is not

required by statute, that significantly

affects or uniquely affects the

communities of Indian tribal

governments, and that imposes

substantial direct compliance costs on

those communities, unless the Federal

government provides the funds

necessary to pay the direct compliance

costs incurred by the tribal

governments. If the mandate is

unfunded, EPA must provide to the

Office of Management and Budget, in a

separately identified section of the

preamble to the rule, a description of

the extent of EPA’s prior consultation

with representatives of affected tribal

governments, a summary of the nature

of their concerns, and a statement

supporting the need to issue the

regulation.

In addition, Executive Order 13084

requires EPA to develop an effective

process permitting elected and other

representatives of Indian tribal

governments ‘‘to provide meaningful

and timely input in the development of

regulatory policies on matters that

significantly or uniquely affect their

communities.’’ Today’s rule does not

significantly or uniquely affect the

communities of Indian tribal

governments. Accordingly, the

requirements of section 3(b) of

Executive Order 13084 do not apply to

this rule.

E. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA)

generally requires an agency to conduct

a regulatory flexibility analysis of any

rule subject to notice and comment

rulemaking requirements unless the

agency certifies that the rule will not

have a significant economic impact on

a substantial number of small entities.

Small entities include small businesses,

small not-for-profit enterprises, and

small governmental jurisdictions.

This final rule will not have a

significant impact on a substantial

number of small entities because SIP

approvals under section 110 and

subchapter I, part D of the Clean Air Act

do not create any new requirements but

simply approve requirements that the

State is already imposing. Therefore,

because the Federal SIP approval does

not create any new requirements, I

certify that this action will not have a

significant economic impact on a

substantial number of small entities.

Moreover, due to the nature of the

Federal-State relationship under the

Clean Air Act, preparation of flexibility

analysis would constitute Federal

inquiry into the economic

reasonableness of state action. The

Clean Air Act forbids EPA to base its

actions concerning SIPs on such

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

EPA, 427 U.S. 246, 255–66 (1976); 42

U.S.C. 7410(a)(2).

F. Unfunded Mandates

Under section 202 of the Unfunded

Mandates Reform Act of 1995

(‘‘Unfunded Mandates Act’’), signed

into law on March 22, 1995, EPA must

prepare a budgetary impact statement to

accompany any proposed or final rule

that includes a Federal mandate that

may result in estimated annual costs to

State, local, or tribal governments in the

aggregate; or to private sector, of $100

million or more. Under section 205,

EPA 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 EPA

to establish a plan for informing and

advising any small governments that

may be significantly or uniquely

impacted by the rule.

EPA has determined that the approval

action promulgated does not include a

Federal mandate that may result in

estimated annual 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 pre-existing requirements

under State or local law, and imposes

no new requirements. Accordingly, no

additional costs to State, local, or tribal

governments, or to the private sector,

result from this action.

G. Submission to Congress and the

Comptroller General

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

1070 Federal Register / Vol. 65, No. 5 / Friday, January 7, 2000 / Rules and Regulations

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 rule is not a ‘‘major’’ rule as

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

H. National Technology Transfer and

Advancement Act

Section 12 of the National Technology

Transfer and Advancement Act

(NTTAA) of 1995 requires Federal

agencies to evaluate existing technical

standards when developing a new

regulation. To comply with NTTAA,

EPA must consider and use ‘‘voluntary

consensus standards’’ (VCS) if available

and applicable when developing

programs and policies unless doing so

would be inconsistent with applicable

law or otherwise impractical.

The EPA believes that VCS are

inapplicable to this action. Today’s

action does not require the public to

perform activities conducive to the use

of VCS.

I. Petitions for Judicial Review

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 March 7, 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

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: October 18, 1999.

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 RR—Tennessee

2. The entries for sections 1200–3–10–

.02 and 1200–3–12–.04 in the table in

§ 52.2220 (c) are revised to read as

follows:

§ 52.2220 Identification of plan.

* * * * *

(c) EPA approved regulations.

EPA APPROVED TENNESSEE REGULATIONS

State citation Title/subject Adoption

date

EPA approval date FEDERAL REGISTER notice

*******

Section 1200–3–10–.02 ...... Monitoring of Source Emissions, Recording, Reporting

of the Same are Required.

02/14/96 01/07/00 [65 FR 1070]

*******

Section 1200–3–12–.04 ...... Monitoring Required for Determining Compliance of

Certain Large Sources.

12/28/96 01/07/00 [65 FR 1070].

*******

[FR Doc. 00–268 Filed 1–6–00; 8:45 am]

BILLING CODE 6560–50–P

EVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 300

[FRL 6517–3]

National Oil and Hazardous Substance

Pollution Contingency Plan; National

Priorities List

AGENCY: Environmental Protection

Agency.

ACTION: Direct final rule to delete the

D.L. Mud, Inc., Superfund Site from the

National Priorities List and Request for

Comments.

SUMMARY: The Environmental Protection

Agency (EPA) Region 6 announces its

direct final action to delete the D.L.

Mud, Inc., Superfund Site (Site), located

in Vermilion Parish, Louisiana, from the

National Priorities List (NPL) and

requests public comments on this

deletion.

The NPL, promulgated pursuant to

Section 105 of the Comprehensive

Environmental Response,

Compensation, and Liability Act

(CERCLA) of 1980, as amended, is

Appendix B of 40 CFR Part 300, which

is the National Oil and Hazardous

Substances Pollution Contingency Plan

(NCP). This direct final action to delete

is being taken by EPA with the

concurrence of the State of Louisiana,

through the Louisiana Department of

Environmental Quality (LDEQ) because

EPA has determined that all appropriate

response actions under CERCLA have

been completed and that the Site poses

no significant threat to public health or

the environment and, therefore, further

remedial action pursuant to CERCLA is

not appropriate.

DATES: This direct final rule will be

effective March 7, 2000 unless EPA

receives significant adverse or critical

comments by February 7, 2000. If

significant adverse or critical comments

are received, EPA will publish a timely

withdrawal of the direct final rule in the

Federal Register informing the public

that the rule will not take effect.

ADDRESSES: Comments may be mailed

to: Ms. Janetta Coats, Community

Involvement Coordinator (6SF–PO),

U.S. EPA Region 6, 1445 Ross Avenue,

Dallas, Texas 75202–2733, (214) 665–

7308 or 1–800–533–3508. Information

Repositories: Comprehensive

information about the Site is available

for viewing and copying at the Site

information repositories located at: U.S.

EPA Region 6 Library, 12th Floor, 1445

Ross Avenue, Suite 12D13, Dallas,

Texas 75202–2733, (214) 665–6524,

Monday through Friday 8:00 a.m. to

12:00 p.m.; Vermilion Parish Library,

200 North Magdalen Square, Abbeville,

Louisiana 70511, (318) 893–2674,

Monday and Thursday 9:00 a.m. to 8:00