69252 Federal Register / Vol. 65, No. 222 / Thursday, November 16, 2000 / Rules and Regulations

requiring companies to keep plant

records until the facilities are

permanently removed from service and

retired from the accounting records.

This revision recognizes that it is

possible for companies to maintain

plant records for shorter or longer

periods than 25 years. The Commission,

therefore, denies EEI’s request for a

reduction of the retention period for

schedule item 8(b)(1).

2. Revision of New § 125.2(i)

Section 125.2(i) of the final rule

requires public utilities and licensees to

assure that supporting cost information

is available for services performed by or

for associated or affiliated companies,

including detailed information

regarding the nature of the transaction,

the amounts involved, and the accounts

used to record the transaction. EEI

continues to be concerned that the

language in this section could be

interpreted to expand the Commission’s

authority to records of utility affiliates

in general, instead of just to records that

relate to utility-affiliate transactions. EEI

stated that the Commission’s

clarification provided in the preamble of

the final rule was ‘‘very useful and

informative,’’ and that the ‘‘clarification

is valuable because it reduces .* * *

ambiguity’’ and ‘‘reflects the ‘utilityaffiliate’ focus of the records to be

maintained.’’ However, EEI’s concern is

that the clarification provided in the

preamble should be incorporated into

the regulatory text at § 125.2(i), and

requests that the text be amended to

include the clarification. EEI proposed

the following revision to § 125.2(i):

Public utilities and licensees must assure

the availability of records, to be retained by

the originating entity, of services performed

by a utility or licensee for associated or

affiliated companies and vice versa, with

supporting cost information for the periods

indicated in section 125.3 as necessary, as

they pertain to the cost of the services

performed.

The Commission believes that EEI’s

suggested revision to the regulatory

language in § 125.2(i) is unnecessary.

We find that EEI’s suggested revision, in

fact, deletes clarifying language

identifying the kind of information

public utilities and licensees must

retain. The regulatory text in the final

rule clearly states the Commission’s

needs related to records retention for

transactions between utilities and

affiliates. The Commission, therefore,

denies the request for this revision.

IV. Document Availability

In addition to publishing the full text

of this document in the Federal

Register, the Commission provides all

interested persons an opportunity to

view and/or print the contents of this

document via the Internet through

FERC’s Home Page (http://

www.ferc.fed.us) and in FERC’s Public

Reference Room during normal business

hours (8:30 A.M. to 5:00 P.M. Eastern

time) at 888 First Street, NE., Room 2A,

Washington, DC 20426.

From FERC’s Home Page on the

Internet, this information is available in

both the Commission’s Issuance Posting

System (CIPS) and the Records and

Information Management System

(RIMS).

—CIPS provides access to the texts of

formal documents issued by the

Commission since November 14,

1994.

—CIPS can be accessed using the CIPS

link or the Energy Information Online

icon. The full text of this document

will be available on CIPS in ASCII

and WordPerfect 8.0 format for

viewing, printing, and/or

downloading.

—RIMS contains images of documents

submitted to and issued by the

Commission after November 16, 1981.

Documents from November 1995 to

the present can be viewed and printed

from FERC’s Home Page using the

RIMS link or the Energy Information

Online icon. Descriptions of

documents back to November 16,

1981, are also available from RIMSon-the-Web; requests for copies of

these and other older documents

should be submitted to the Public

Reference Room.

User assistance is available for RIMS,

CIPS, and the Website during normal

business hours from our Help line at

(202) 208–2222 (e-mail to

Webmaster@ferc.fed.us) or the Public

Reference Room at (202) 208–1371 (email to

public.referenceroom@ferc.fed.us).

During normal business hours,

documents can also be viewed and/or

printed in FERC’s Public Reference

Room, where RIMS, CIPS, and the FERC

Website are available. User assistance is

also available.

By the Commission.

Linwood A. Watson, Jr.,

Acting Secretary.

[FR Doc. 00–29330 Filed 11–15–00; 8:45 am]

BILLING CODE 6717–01–P

DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and

Firearms

27 CFR Parts 4, 9, 24, 70 and 275

[T.D. ATF–432]

RIN 1512–AC25

Technical Amendments

AGENCY: Bureau of Alcohol, Tobacco

and Firearms (ATF), Treasury.

ACTION: Final rule: Treasury decision.

SUMMARY: This Treasury decision makes

technical amendments and corrects

typographical errors in various

regulations of the ATF. All changes are

to provide clarity and uniformity

throughout the regulations.

DATES: Effective November 16, 2000.

FOR FURTHER INFORMATION CONTACT:

Nancy Kern, Regulations Division, (202)

927–8210, Bureau of Alcohol, Tobacco

and Firearms, 650 Massachusetts

Avenue, NW., Washington, DC 20226.

SUPPLEMENTARY INFORMATION:

Background

The Bureau of Alcohol, Tobacco and

Firearms (ATF) administers regulations

published in title 27, Code of Federal

Regulations. These regulations are

updated April 1 of each year to

incorporate new or revised regulations

that were published by ATF in the

Federal Register during the preceding

year. ATF identified several

amendments that are needed to provide

clarity and uniformity to the regulations

in 27 CFR.

These amendments do not make any

substantive changes and are only

intended to improve the clarity of title

27.

Paperwork Reduction Act

The provisions of the Paperwork

Reduction Act of 1995, Public Law 104–

13, 44 U.S.C. Chapter 35, and its

implementing regulations, 5 CFR 1320,

do not apply to this final rule because

there are no recordkeeping or reporting

requirements.

Regulatory Flexibility Act

The provisions of the Regulatory

Flexibility Act (5 U.S.C. 601 et seq.) do

not apply to this rule because no notice

of proposed rulemaking is necessary.

Executive Order 12866

This final rule is not subject to the

requirements of Executive Order 12866

because the regulations make

nonsubstantive technical corrections to

previously published regulations.

Federal Register / Vol. 65, No. 222 / Thursday, November 16, 2000 / Rules and Regulations 69253

Administrative Procedure Act

Because this final rule merely makes

technical corrections to improve the

clarity of the regulations, it is

unnecessary to issue this final rule with

notice and public procedure under 5

U.S.C. 553(b), or subject to the effective

date limitation in section 553(d).

Drafting Information

The author of this document in Nancy

Kern, Regulations Division, Bureau of

Alcohol, Tobacco and Firearms.

List of Subjects

27 CFR Part 4

Advertising, Consumer protection,

Customs duties and inspection, Imports,

Labeling, Liquors, Packaging and

Containers.

27 CFR Part 9

Administrative practices and

procedures, Consumer protection,

Viticultural areas. Wine.

27 CFR Part 24

Administrative practice and

procedure, Authority delegations,

Claims, Electronic fund transfers, Excise

taxes, Exports, Food additives, Fruit

juices, Labeling, Liquors, Packaging and

containers, Reporting and recordkeeping

requirements, Research, Scientific

equipment, Spices and flavoring, Surety

bonds, Taxpaid wine bottling house,

Transportation, Vinegar, Warehouses,

Wine.

27 CFR Part 70

Administrative practice and

procedure, Alcohol and alcoholic

beverages, Authority delegations,

Bankruptcy, Claims, Disaster assistance,

Excise taxes, Firearms and ammunition,

Government employees, Law

enforcement, Law enforcement officers,

Penalties, Reporting and recordkeeping

requirements, Seizures and forfeitures,

Surety bonds, Tobacco.

27 CFR Part 275

Administrative practice and

procedure, Authority delegations, Cigars

and cigarettes, Claims, Customs duties

and inspections, Electronic fund

transfers, Excise taxes, Imports,

Labeling, Packaging and containers,

Penalties, Reporting and recordkeeping

requirements, Seizures and forfeitures,

Surety bonds, Tobacco.

Authority and Issuance

Accordingly, for the reason set out in

the preamble, Title 27, Code of Federal

Regulations is amended as follows:

PART 4—LABELING AND

ADVERTISING OF WINE

Paragraph 1. The authority citation

for part 4 continues to read as follows:

Authority: 17 U.S.C. 205

Par. 2. In § 4.21, revise the cross

reference at the end of the section to

read as follows:

§ 4.21 The standards of identity.

* * * * *

Cross Reference: For regulations

relating to the use of spirits in wine, see

part 24 of this chapter.

Par. 3. Section 4.25a(e)(2) is revised to

read as follows:

§ 4.25a Appellations of origin.

* * * * *

(e) * * *

(2) Establishment of American

viticultural areas. Petitions for

establishment of American viticultural

areas may be made to the Director by

any interested party, pursuant to the

provisions of § 70.701(c) of this title.

The petition may be in the form of a

letter, and should contain the following

information referred to in § 9.3(b) of this

title.

* * * * *

PART 9—AMERICAN VITICULTURAL

AREAS

Par. 4. The authority citation for part

9 continues to read as follows:

Authority: 27 U.S.C. 205.

Par. 5. In § 9.3, revise the section

heading and paragraphs (a) and (b)(3) to

read as follows:

§ 9.3 Relation to parts 4 and 70 of this

chapter.

(a) Procedure. In accordance with

§§ 4.25a(e)(2) and 70.701(c) of this

chapter, the Director shall receive

petitions to establish American

viticultural areas and shall use the

informal rulemaking process, under 5

U.S.C. 553, in establishing viticultural

areas in this part.

(b) * * *

(3) Evidence relating to the

geographical features (climate, soil,

elevation, physical features, etc.) which

distinguish the viticultural features of

the proposed area from surrounding

areas;

* * * * *

PART 24—WINE

Par. 6. The authority citation for part

24 continues to read as follows:

Authority: 5 U.S.C. 552(a); 26 U.S.C. 5001,

5008, 5041, 5042, 5044, 5061, 5062, 5081,

5111–5113, 5121, 5122, 5142, 5143, 5173,

5206, 5214, 5215, 5351, 5353, 5354, 5356,

5357, 5361, 5362, 5364–5373, 5381–5388,

5391, 5392, 5511, 5551, 5552, 5661, 5662,

5684, 6065, 6091, 6109, 6301, 6302, 6311,

6651, 6676, 7011, 7302, 7342, 7502, 7503,

7606, 7805, 7851; 31 U.S.C. 9301, 9303, 9304,

9306.

Par. 7. In § 24.265, remove the word

‘‘bail’’ and add the wrod ‘‘bailee’’ in

place thereof.

PART 70—PROCEDURE AND

ADMINISTRATION

Par. 8. The authority citation for part

70 continues to read as follows:

Authority: 5 U.S.C. 301 and 552; 26 U.S.C.

4181, 4182, 5146, 5203, 5207, 5275, 5367,

5415, 5504, 5555, 5684(a), 5741, 5761(b),

5802, 6020, 6021, 6064, 6102, 6155, 6159,

6201, 6203, 6204, 6301, 6303, 6311, 6313,

6314, 6321, 6323, 6325, 6326, 6331–6343,

6401–6404, 6407, 6416, 6423, 6501–6503,

6511, 6513, 6514, 6532, 6601, 6602, 6611,

6621, 6622, 6651, 6653, 6656–6658, 6665,

6671, 6672, 6701, 6723, 6801, 6862, 6863,

6901, 7011, 7101, 7102, 7121, 7122, 7207,

7209, 7214, 7304, 7401, 7403, 7406, 7423,

7424, 7425, 7426, 7429, 7430, 7432, 7502,

7503, 7505, 7506, 7513, 7601–7606, 7608–

7610, 7622, 7623, 7653, 7805.

Par. 9. In § 70.411, revise paragraph

(c)(2) to read as follows:

§ 70.411 Imposition of taxes, qualification

requirements, and regulations.

* * * * *

(c) * * *

(2) Miscellaneous liquor transactions.

Part 170 of 27 CFR contains

miscellaneous regulations relative to the

manufacture, removal, and use of stills

and condensers, and to the notice,

registration, and recordkeeping

requirements therefor.

* * * * *

Par. 10. Remove the reference

‘‘§ 71.26(h)’’ each place it appears and

add, in its place, the reference

‘‘§ 70.802(g)’’ in the following places;

(a) § 70.701(a)(3)(iv); and

(b) § 70.701(b).

PART 275—IMPORTATION OF

TOBACCO PRODUCTS AND

CIGARETTE PAPERS AND TUBES

Par. 10a. The authority citation for

part 275 continues to read as follows:

Authority: 18 U.S.C. 2342; 26 U.S.C. 5701,

5703, 5704, 5705, 5708, 5712, 5713, 5721,

5722, 5723, 5741, 5754, 5761, 5762, 5763,

6301, 6302, 6313, 6404, 7101, 7212, 7342,

7606, 7652, 7805; 31 U.S.C. 9301, 9303, 9304,

9306.

Par. 11. In § 275.105, revise the first

sentence to read as follows:

§ 275.105 Prepayment of tax.

To prepay, in Puerto Rico, the internal

revenue tax imposed by 26 U.S.C.

69254 Federal Register / Vol. 65, No. 222 / Thursday, November 16, 2000 / Rules and Regulations

7652(a), on tobacco products and

cigarette paper and tubes of Puerto

Rican manufacture which are to be

shipped to the United States, the

shipper shall file, or cause to be filed,

with the Chief, Puerto Rico Operations,

a tax return, ATF Form 5000.25, in

duplicate, with full remittance of tax

which will become due on such tobacco

products and cigarette papers and

tubes.* * *

Signed: October 16, 2000.

Bradley A. Buckles,

Director.

Approved: October 25, 2000.

John P. Simpson,

Deputy Assistant Secretary, (Regulatory,

Tariff and Trade Enforcement).

[FR Doc. 00–29409 Filed 11–15–00; 8:45 am]

BILLING CODE 4810–13–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[MA–081–7211a; A–1–FRL–6897–4]

Approval and Promulgation of Air

Quality Implementation Plans;

Massachusetts; Enhanced Motor

Vehicle Inspection and Maintenance

Program

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: We are converting our limited

approval under the Clean Air Act of the

Commonwealth of Massachusetts State

Implementation Plan (SIP) revision for

an enhanced vehicle inspection and

maintenance program to a full approval.

In our limited approval, we said

Massachusetts needed to submit

revisions to its SIP to address four

sections of EPA’s enhanced I/M

regulation for full approval. We have

determined that on October 20, 2000

Massachusetts submitted revisions that

meet all of the conditions for full

approval. Additionally, we are also

approving an interim level of emission

reduction credit for the inspection and

maintenance program that can be

utilized by Massachusetts in attainment

planning. The intent of this action is to

convert our limited approval of

Massachusetts’ enhanced vehicle I/M

program SIP to a full approval and to

approve an interim level of emission

reduction credit for attainment planning

purposes.

DATES: This direct final rule is effective

on January 16, 2001 without further

notice, unless EPA receives relevant

adverse comment by December 18,

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: Comments may be mailed to

David Conroy, Unit Manager, Air

Quality Planning , Office of Ecosystem

Protection (mail code CAQ), U.S.

Environmental Protection Agency, EPANew England, One Congress Street,

Suite 1100, Boston, MA 02114–2023.

Copies of the documents relevant to this

action are available for public

inspection during normal business

hours, by appointment at the Office

Ecosystem Protection, U.S.

Environmental Protection Agency, EPANew England, One Congress Street, 11th

floor, Boston, MA; Air and Radiation

Docket and Information Center, U.S.

Environmental Protection Agency,

Room M–1500, 401 M Street, (Mail Code

6102), SW., Washington, DC; and

Division of Air Quality Control,

Department of Environmental

Protection, One Winter Street, 8th Floor,

Boston, MA 02108.

FOR FURTHER INFORMATION CONTACT:

Peter Hagerty, (617) 918–1049.

SUPPLEMENTARY INFORMATION:

This Supplementary Information

section is organized as follows:

I. What action is EPA taking today?

II. What Massachusetts SIP revision is the

topic of this action?

III. What were the requirements for full

approval of the Massachusetts inspection

and maintenance program?

IV. How did Massachusetts fulfill these

requirements for full approval?

V. What action did EPA take to defer

sanctions in Massachusetts?

VI. What credit may Massachusetts assume in

the interim until the correlation study is

complete?

VII. EPA Action

VIII. Administrative Requirements

I. What Action Is EPA Taking Today?

In this action, we are converting our

limited approval of Massachusetts’

enhanced motor vehicle inspection and

maintenance (I/M) SIP to a full

approval.

We are also approving Massachusetts

to use ASM credits for future planning

purposes until the correlation study to

compare IM240 with the Massachusetts

31 second test (MA31 test) is completed.

Note: The full approval of the

Massachusetts I/M program is based on

the ability of the program to achieve the

low-enhanced performance standard,

and EPA has already determined that

the program meets the low-enhanced

standard in its limited approval of the

program.

II. What Massachusetts SIP Revision Is

the Topic of This Action?

This notice deals with a revision to

the State of Massachusetts’ Clean Air

Act SIP submitted by Massachusetts on

October 20, 2000 for certain program

elements necessary to complete the I/M

program. Today we are acting only upon

this October 20, 1999 submittal to

determine that Massachusetts submitted

revisions meeting all of the conditions

necessary to convert the limited

approval of the enhanced I/M plan to a

full approval. In so doing we are not

reopening our final rulemaking granting

limited approval of the Massachusetts

enhanced I/M SIP submitted on May 14,

1999 and approved at 40 CFR

52.1120(c)(122).

III. What Were the Requirements for

Full Approval of the Massachusetts

Inspection and Maintenance Program?

Approval of Massachusetts’ I/M

program SIP required submission of

information to meet the requirements of

the following sections of EPA’s I/M

regulations: Network type and program

evaluation—40 CFR 51.353; Quality

control—40 CFR 51.359; Quality

assurance—40 CFR 51.363; and On-road

testing—40 CFR 51.371.

IV. How Did Massachusetts Fulfill

These Requirements for Full Approval?

On October 20, 2000, Massachusetts

submitted revisions to its enhanced I/M

SIP to EPA in order to meet the

conditions for full approval. The

following is a description of the

measures which Massachusetts has

submitted to meet each of the deficient

areas described in the limited approval

approved at 40 CFR 52.1120(c)(122).

1. Network type and program

evaluation—40 CFR 51.353—As part of

its October 20, 2000 submittal,

Massachusetts submitted a document

entitled ‘‘Program Evaluation Plans For

the Enhanced Inspection and

Maintenance Program,’’ dated October

2000. The Program Evaluation Plans

contained a final ‘‘MA31-to-IM240

Correlation Study.’’ The protocol for the

correlation study was developed with

EPA input and is acceptable to establish

final emission reduction credit for the

Massachusetts I/M program. A task

assignment has been signed by

Massachusetts to gather data to conduct

the study described in the protocol. A

copy of that task assignment was

included in the October 20, 2000

submittal.

The Program Evaluation Plans, dated

October 2000, also contained a ‘‘Phase

2 Program Evaluation Plan for the

Massachusetts I&M Program.’’ The