70328 Federal Register / Vol. 65, No. 226 / Wednesday, November 22, 2000 / Proposed Rules

Under section 188(b)(2) of the CAA,

findings of failure to attain is based

solely upon air quality considerations

and the subsequent nonattainment area

reclassification must occur by operation

of law in light of those air quality

conditions. These actions do not, inand-of themselves, impose any new

requirements on any sectors of the

economy. In addition, because the

statutory requirements are clearly

defined with respect to the differently

classified areas, and because those

requirements are automatically triggered

by classifications that, in turn, are

triggered by air quality values, findings

of failure to attain and reclassification

cannot be said to impose a materially

adverse impact on State, local, or tribal

governments or communities.

Accordingly, the Administrator

certifies that this proposed 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.).

Similarly, because the proposed

finding of failure to attain is a factual

determination based on air quality

considerations and the resulting

reclassification must occur by operation

of law and, do not impose any federal

intergovernmental mandate, these

actions do not contain any unfunded

mandate or significantly or uniquely

affect small governments, as described

in the Unfunded Mandates Reform Act

of 1995 (Public Law 104–4). For the

same reason, this proposed rule also

does not significantly or uniquely affect

the communities of Indian tribal

governments, as specified by Executive

Order 13084 (63 FR 27655, May 10,

1998).

For the same reasons, this proposed

finding of failure to attain and resulting

reclassification 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). These proposed

actions are also not subject to Executive

Order 13045 (62 FR 19885, April 23,

1997), because they are not

economically significant. Finally, for the

same reason that this proposed finding

of failure to attain is a factual

determination based on air quality

considerations and the resulting

reclassification must occur by operation

of law, 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 proposed finding

of failure to attain, 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 proposed finding of failure

to attain does not impose an information

collection burden under the provisions

of the Paperwork Reduction Act of 1995

(44 U.S.C. 3501 et seq.).

List of Subjects in 40 CFR Part 81

Environmental protection, Air

pollution control, National parks,

Wilderness areas.

Authority: 42 U.S.C. 7401–7671q.

Dated: November 13, 2000.

Felicia Marcus,

Regional Administrator, Region 9.

[FR Doc. 00–29879 Filed 11–21–00; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 300

[FRL–6859–2]

National Oil and Hazardous

Substances Pollution Contingency

Plan; National Priorities List

AGENCY: Environmental Protection

Agency.

ACTION: Proposed deletion of the John

Deere Ottumwa Works Site (Site) from

the National Priorities List (NPL).

SUMMARY: The Environmental Protection

Agency (EPA) Region VII proposes to

delete the John Deere Ottumwa Works

site from the National Priorities List

(NPL) and requests public comment on

this action. The NPL constitutes

Appendix B to Part 300 of the National

Oil and Hazardous Substances Pollution

Contingency Plan (NCP), which EPA

promulgated pursuant to Section 105 of

the Comprehensive Environmental

Response, Compensation and Liability

Act of 1980 (CERCLA), as amended. The

EPA has determined that the site poses

no significant threat to public health or

the environment, as defined by

CERCLA, and therefore, further

remedial measures pursuant to CERCLA

are not appropriate.

We are publishing this rule without

prior proposal because the Agency

views this as a noncontroversial

revision and anticipates no dissenting

comments. A detailed rationale for this

approval is set forth in the direct final

rule. If no dissenting comments are

received, no further activity is

contemplated. If EPA receives

dissenting comments, the direct final

action will be withdrawn and all public

comments received will be addressed in

a subsequent final rule based on this

proposed rule. The EPA will not

institute a second comment period. Any

parties interested in commenting should

do so at this time.

DATES: Comments concerning this

Action must be received by December

22, 2000.

ADDRESSES: Comments may be mailed to

Debra Kring, Environmental Protection

Specialist, Superfund Division, U.S.

Environmental Protection Agency,

Region VII, 901 North 5th Street, Kansas

City, KS 66101. Comprehensive

information on this site is available

through the public docket which is

available for viewing at the Site

information repository at U.S. EPA

Region VII, Superfund Division Records

Center, 901 North 5th Street, Kansas

City, KS 66101.

FOR FURTHER INFORMATION CONTACT:

Debra Kring, Environmental Protection

Specialist, U.S. Environmental

Protection Agency, 901 North 5th Street,

Kansas City, KS 66101, fax (913) 551–

7063.

SUPPLEMENTARY INFORMATION: For

additional information, see the Direct

Final Action which is located in the

Rules Section of this Federal Register.

Dated: August 17, 2000.

William Rice,

Acting Regional Administrator, Region VII.

[FR Doc. 00–29643 Filed 11–21–00; 8:45 am]

BILLING CODE 6560–50–U

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[I.D. No. 111500B]

Fisheries of the Exclusive Economic

Zone Off Alaska; Commencement of

Groundfish Fisheries in 2001

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.