70314 Federal Register / Vol. 65, No. 226 / Wednesday, November 22, 2000 / Rules and Regulations

RCRA as well as the Superfund

Program.

Five-Year Review

The Comprehensive Environmental

Response, Compensation and Liability

Act (CERCLA) requires five-year review

of all sites where hazardous substances

remain above health-based levels for

unrestricted use of the site. Under

CERCLA Section 121(c), a review is also

conducted to ensure that the selected

remedy continues to be protective of

human health and the environment. The

next five-year review at this site is

scheduled for the year 2003.

V. Action

The remedy selected for this site has

been implemented in accordance with

the Record of Decision. Therefore, no

further response action is necessary.

The remedy has resulted in the

significant reduction of the long-term

potential for release of contaminants,

therefore, human health and potential

environmental impacts have been

minimized. The EPA and the Iowa

Department of Natural Resources find

that the remedy implemented continues

to provide adequate protection of

human health and the environment.

The EPA, with concurrence of the

State of Iowa, has determined that the

criteria for deletion of the release have

been met. Therefore, EPA is deleting the

site from the NPL.

This action will be effective January

22, 2001. However, if EPA receives

dissenting comments by December 22,

2000, EPA will publish a document that

withdraws this action.

List of Subjects in 40 CFR Part 300

Environmental protection, Air

pollution control, Chemicals, Hazardous

substances, Hazardous waste,

Intergovernmental relations, Penalties,

Reporting and recordkeeping

requirements, Superfund, Water

pollution control, Water supply.

Dated: August 17, 2000.

William Rice,

Acting Regional Administrator, Region VII.

Part 300, title 40 of chapter 1 of the

Code of Federal Regulations is amended

as follows:

PART 300—[AMENDED]

1. The authority citation for part 300

continues to read as follows:

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C.

9601–9657; E.O. 12777, 56FR 54757, 3CFR,

1991 Comp.; p.351; E.O. 12580, 52 FR 2923,

3 CFR, 1987 Comp.; p.193.

Appendix B [Amended]

2. Table 1 of Appendix B to Part 300

is amended by removing the site for

‘‘John Deere Ottumwa Works Landfills,

Ottumwa, Iowa’’.

[FR Doc. 00–29642 Filed 11–21–00; 8:45 am]

BILLING CODE 6560–50–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 444

[FRL–6866–7]

RIN 2040–AC23

Effluent Limitations Guidelines,

Pretreatment Standards, and New

Source Performance Standards for the

Commercial Hazardous Waste

Combustor Subcategory of the Waste

Combustors Point Source Category;

Correction

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule; technical

amendment.

SUMMARY: The Environmental Protection

Agency promulgated regulations

establishing effluent limitations and

pretreatment standards for the

Commercial Hazardous Waste

Subcategory of the Waste Combustors

Point Source Category. The final rule

was published in the Federal Register

on January 27, 2000. Due to a formatting

error, the published text includes two

references on the wrong line of text.

Also, a formatting error caused part of

§ 444.12(b)(1) to be misidentified as

§ 444.12(b)(2). This document places the

references in the correct location and

removes the incorrect section

identification.

DATES: Effective on November 22, 2000.

FOR FURTHER INFORMATION CONTACT:

Samantha Lewis, 202–260–7149.

SUPPLEMENTARY INFORMATION: 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 the corrections are

non-substantive, formatting revisions.

Thus, notice and public procedure are

unnecessary. EPA finds that this

constitutes good cause under 5 U.S.C.

553(b)(B).

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, 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) (Public

Law 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 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

Federal Register / Vol. 65, No. 226 / Wednesday, November 22, 2000 / Rules and Regulations 70315

rule is discussed in the January 27, 2000

Federal Register document.

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 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 therefor, and

established an effective date of

November 22, 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 action is not

a ‘‘major rule’’ as defined by 5 U.S.C.

804(2).

List of Subjects in 40 CFR Part 444

Environmental protection, Hazardous

waste, Incineration, Waste treatment

and disposal, Water pollution control.

Dated: August 31, 2000.

J. Charles Fox,

Assistant Administrator for Water.

For the reasons set out in the

preamble, title 40, chapter I of the Code

of Federal Regulations is amended as

follows:

1. The authority citation for part 444

continues to read as follows:

Authority: Secs. 301, 304, 306, 307, 308,

402, and 501 of the Clean Water Act, as

amended; 33 U.S.C. 1311, 1314, 1316, 1317,

1318, 1342, and 1361.

§ 444.12 [Amended]

2. Section 444.12 is amended by:

a. Removing the paragraph

designation for the first paragraph (b)(2)

and designating the text as the last two

sentences of paragraph (b)(1).

b. Redesignating the table entitled

‘‘List of Approved Inorganic Test

Procedures’’ to paragraph (b)(1).

c. Amending the entry ‘‘2. Cadmium’’

in the table to paragraph (b)(1) by

transferring ‘‘D3557–90(D)’’ from the

entry for ICP/AES to the entry for AA

furnace in the 4th column of the table.

d. Amending the entry ‘‘11. Zinc’’ in

the table to paragraph (b)(1) by

transferring ‘‘D4190–82(88)’’ from the

entry for Colorimetric (Dithizone) to the

entry for DCP in the 4th column of the

table.

[FR Doc. 00–29873 Filed 11–21–00; 8:45 am]

BILLING CODE 6560–50–P

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

48 CFR Parts 1807, 1815, 1816, 1823,

1849, and 1852

Risk Management

AGENCY: National Aeronautics and

Space Administration (NASA).

ACTION: Interim rule adopted as final

with changes.

SUMMARY: This is a final rule amending

the NASA FAR Supplement (NFS) to

emphasize considerations of risk

management, including safety, security

(including information technology

security), health, export control, and

damage to the environment, within the

acquisition process. This final rule

addresses risk management within the

context of acquisition planning,

selecting sources, choosing contract

type, structuring award fee incentives,

administering contracts, and conducting

contractor surveillance.

EFFECTIVE DATE: November 22, 2000.

FOR FURTHER INFORMATION CONTACT:

James H. Dolvin, NASA Headquarters,

Office of Procurement, Contract

Management Division (Code HK), (202)

358–1279, email:

jdolvin1@mail.hq.nasa.gov.

SUPPLEMENTARY INFORMATION:

A. Background

NASA is adopting as final, with

changes, the interim rule published in

the Federal Register (65 FR 37057–

37061, June 13, 2000) that revised

various NFS Parts to refocus on risk as

a core acquisition concern as part of

NASA’s risk-based acquisition

management initiative. Comments were

received from one company and an

industry association. All comments

were considered in the development of

the final rule. Revisions primarily affect

internal procedures and include the

following: (1) In section 1807.105 the

reference to a NASA document is

revised; (2) in section 1815.203–72, the

words ‘‘and RFOs’’ are added after

‘‘RFPs’’ to make it clear that the section

applies to MidRange procurements; (3)

in section 1816.405–274 and new

section 1849.102–71, language is added

to require the contracting officer to

notify the Associate Administrator for

Procurement prior to the determination

of a zero award fee in accordance with

NFS 1816.405–274, and prior to

exercising remedies under NFS clause

1852.223–75; (4) in section 1823.7001,

the word at the end of paragraph (b)(1)

is changed from ‘‘or’’ to ‘‘and’’, and the

word ‘‘concurrence’’ in paragraph (b)(2)

is changed to ‘‘approval’’, to enhance

the role of installation safety officials in

the application of the Safety and Health

clause; and (5) in section 1852.223–75,

the words ‘‘or mission failure’’ are

added after ‘‘fatality’’ in paragraph (a),

to achieve consistency with similar

language in section 1816.405–274(c)(2).

B. Regulatory Flexibility Act

NASA certifies that this final rule will

not have a significant economic impact

on a substantial number of small

business entities under the Regulatory

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

because this rule simply focuses

attention on risk management, an

existing business practice, and does not

impose any significant new

requirements which might have an

economic impact.

C. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because the changes to the

NFS do not impose recordkeeping or

information collection requirements, or

collection of information from offerors,

contractors, or members of the public

which require the approval of the Office

of Management and Budget under 41

U.S.C. 3501, et seq.

List of Subjects in 48 CFR Parts 1807,

1815, 1816, 1823, 1849, and 1852

Government procurement.

Tom Luedtke,

Associate Administrator for Procurement.

Interim Rule Adopted as Final With

Changes.

Accordingly, the interim rule

published at 65 FR 37057–37061, June

13, 2000, is hereby adopted as final with

the following changes:

1. The authority citation for 48 CFR

Parts 1807, 1815, 1816, 1823, 1849, and

1852 continues to read as follows:

Authority: 42 U.S.C. 2473 (c)(1).

PART 1807—ACQUISITION PLANNING

2. In section 1807.105, revise

paragraph (a)(7) to read as follows:

1807.105 Contents of written acquisition

plans.

* * * * *

(a) * * *

(7) Discuss project/program risks (see

NPG 7120.5, NASA Program and Project