Federal Register / Vol. 65, No. 225 / Tuesday, November 21, 2000 / Rules and Regulations 69883

U.S.C. 601 et seq.) do not apply. In

addition, the Agency has determined

that this action 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 13132, entitled

Federalism (64 FR 43255, August 10,

1999). Executive Order 13132 requires

EPA to develop an accountable process

to ensure ‘‘meaningful and timely input

by State and local officials in the

development of regulatory policies that

have federalism implications.’’ ‘‘Policies

that have federalism implications’’ is

defined in the Executive Order to

include regulations that 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.’’ This final rule

directly regulates growers, food

processors, food handlers and food

retailers, not States. This action does not

alter the relationships or distribution of

power and responsibilities established

by Congress in the preemption

provisions of FFDCA section 408(n)(4).

IX. 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

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 this final

rule in the Federal Register. This final

rule is not a ‘‘major rule’’ as defined by

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

List of Subjects in 40 CFR Part 180

Environmental protection,

Administrative practice and procedure,

Agricultural commodities, Pesticides

and pests, Reporting and recordkeeping

requirements.

Dated: November 8, 2000.

James Jones,

Director, Registration Division, Office of

Pesticide Programs.

Therefore, 40 CFR chapter I is

amended as follows:

PART 180—[AMENDED]

1. The authority citation for part 180

continues to read as follows:

Authority: 21 U.S.C. 321(q), (346a) and

371.

2. Section 180.553 is amended by

revising paragraph (b) to read as follows:

§ 180.553 Fenhexamid; tolerances for

residues.

* * * * *

(b) Section 18 emergency exemptions.

Time-limited tolerances are established

for the residues of the fungicide

fenhexamid, (N-2,3-dichloro-4-

hydroxyphenyl)-1-methyl

cyclohexanecarboxamide), in

connection with use of the pesticide

under section 18 emergency exemptions

granted by EPA. The tolerances will

expire on the dates specified in the

following table:

Commodity Parts per

million

Expiration/

Revocation

Date

Pears 15 .............. 12/31/02

* * * * *

[FR Doc 00–29770 Filed 11–20–00; 8:45 a.m.]

BILLING CODE 6560–50–S

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 300

[FRL–6903–9]

National Oil and Hazardous

Substances Pollution Contingency

Plan; National Priorities List

AGENCY: Environmental Protection

Agency.

ACTION: Notice of deletion of the Tenth

Street Dump/Junkyard Superfund Site

from the National Priorities List (NPL).

SUMMARY: The Environmental Protection

Agency (EPA) Region 6 announces the

deletion of the Tenth Street Dump/

Junkyard Superfund Site (Site) located

in Oklahoma City, Oklahoma from the

National Priorities List (NPL). The NPL,

promulgated pursuant to Section 105 of

the Comprehensive Environmental

Response, Compensation, and Liability

Act (CERCLA) of 1980, as amended, is

codified at Appendix B to the National

Oil and Hazardous Substances Pollution

Contingency Plan (NCP), 40 CFR Part

300. The EPA and the State of

Oklahoma, through the Oklahoma

Department of Environmental Quality

(ODEQ), have determined that the Site

poses no significant threat to public

health or the environment and,

therefore, no further response actions

are appropriate. (Neither CERCLArequired five-year reviews nor operation

and maintenance are considered further

response action for the purpose of

deletion.)

EFFECTIVE DATE: November 21, 2000.

FOR FURTHER INFORMATION CONTACT: Ms.

Camille D. Hueni, Remedial Project

Manager, 214–665–2231, United States

Environmental Protection Agency,

Region 6, 6SF–AP, 1445 Ross Avenue,

Suite 1200, Dallas, Texas, 75202–2733.

Information on the Site is available at

the local information repository located

at the Ralph Ellison Library, 2000 N.E.

23rd Street, Oklahoma City, Oklahoma

73111. Requests for comprehensive

copies of documents should be formally

directed to Mr. Donn Walters, Regional

Superfund Information Management

Team, EPA Region 6, SF–PO, 1445 Ross

Avenue, Suite 1200, Dallas, Texas,

75202–2733.

SUPPLEMENTARY INFORMATION: The Site

being deleted from the NPL is the Tenth

Street Dump/Junkyard Superfund Site

located in Oklahoma City, Oklahoma. A

Notice of Intent to Delete for the Site

was published on May 1, 2000 (65 FR

25292). The closing date for comments

on the Notice of Intent to Delete was

May 31, 2000. EPA received no

comments and therefore no

Responsiveness Summary was prepared.

The EPA identifies sites which appear

to present a significant risk to public

health, welfare, or the environment and

maintains the NPL as the list of those

sites. Deletion of a site from the NPL

does not affect responsible party

liability or impede EPA efforts to

recover costs associated with response

actions. Section 300.425(e)(3) of the

NCP, 40 CFR 300.425(e)(3), states that

Fund-financed actions may be taken at

sites deleted from the NPL in the event

that future conditions at the site warrant

such action. Pursuant to CERCLA

Section 105 and 40 CFR 300.425(e), the

Site is hereby deleted from the NPL.

List of Subjects in 40 CFR Part 300

Environment protection, Air pollution

control, Chemicals, Hazardous

substances, Hazardous waste,

Intergovernmental regulations,

Penalties, Reporting and recordkeeping

requirements, Superfund, Water

pollution control, Water supply.

69884 Federal Register / Vol. 65, No. 225 / Tuesday, November 21, 2000 / Rules and Regulations

Dated: September 29, 2000.

Myron Knudson,

Acting Regional Administrator, U.S. EPA

Region 6.

For the reasons set out in the

preamble, 40 CFR part 300 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, 56 FR 54757, 3 CFR,

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 ‘‘Tenth

Street Dump/Junkyard, Oklahoma City,

Oklahoma.’’

[FR Doc. 00–29508 Filed 11–20–00; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Parts 219 and 225

[FRA–98–4898, Notice No. 3]

RIN 2130–AB30

Annual Adjustment of Monetary

Threshold for Reporting Rail

Equipment Accidents/Incidents—

Calendar Year 2001

AGENCY: Federal Railroad

Administration (FRA), Department of

Transportation (DOT).

ACTION: Final rule.

SUMMARY: This final rule establishes at

$6,600 the monetary threshold for

reporting railroad accidents/incidents

involving railroad property damage that

occur during calendar year 2001. There

is no change from the reporting

threshold for calendar year 2000. This

action is needed to ensure and maintain

comparability between different years of

data by having the threshold keep pace

with any increases or decreases in

equipment and labor costs so that each

year accidents involving the same

minimum amount of railroad property

damage are included in the reportable

accident counts. The reporting

threshold was last reviewed in 1999.

EFFECTIVE DATE: January 1, 2001.

FOR FURTHER INFORMATION CONTACT:

Robert L. Finkelstein, Staff Director,

Office of Safety Analysis, RRS–22, Mail

Stop 17, Office of Safety Assurance and

Compliance, FRA, 1120 Vermont Ave.,

N.W., Washington, D.C. 20590

(telephone 202–493–6280); or Nancy L.

Friedman, Trial Attorney, Office of

Chief Counsel, RCC–12, Mail Stop 10,

FRA, 1120 Vermont Ave., N.W.,

Washington, D.C. 20590 (telephone

202–493–6034).

SUPPLEMENTARY INFORMATION:

Background

Each rail equipment accident/incident

must be reported to FRA using the Rail

Equipment Accident/Incident Report

(Form FRA F 6180.54). 49 CFR

225.19(b), (c). As revised in 1997,

paragraphs (c) and (e) of 49 CFR 225.19,

provide that the dollar figure that

constitutes the reporting threshold for

rail equipment accidents/incidents will

be adjusted, if necessary, every year in

accordance with the procedures

outlined in appendix B to part 225, to

reflect any cost increases or decreases.

61 FR 30942, 30969 (June 18, 1996); 61

FR 60632, 60634 (Nov. 29, 1996); 61 FR

67477, 67490 (Dec. 23, 1996).

New Reporting Threshold

Approximately one year has passed

since the rail equipment accident/

incident reporting threshold was last

reviewed, and approximately three

years since it was revised. 64 FR 69193

(Dec. 10, 1999); 63 FR 71790 (Dec. 30,

1998); 62 FR 63675 (Dec. 2, 1997).

Consequently, FRA has recalculated the

threshold, as required by § 225.19(c),

based on decreased costs for labor and

increased costs for equipment. FRA has

determined that the current reporting

threshold of $6,600, which applies to

rail equipment accidents/incidents that

occur during calendar year 2000, should

remain the same for rail equipment

accidents/incidents that occur during

calendar year 2001, effective January 1,

2001.

Accordingly, §§ 225.5 and 225.19 and

appendix B have been amended to state

the reporting threshold for calendar year

2001 and the most recent cost figures

and the calculations made to determine

that threshold. Finally, the alcohol and

drug regulations (49 CFR part 219) have

also been amended to reflect that the

reporting threshold for calendar year

2001 is $6,600.

Notice and Comment Procedures

In this rule, FRA has recalculated the

monetary reporting threshold based on

the formula adopted, after notice and

comment, in the final rule published

June 18, 1996, 61 FR 30959, 30969, and

discussed in detail in the final rule

published November 29, 1996, 61 FR

30632. FRA has found that both the

current cost data inserted into this preexisting formula and the original cost

data that they replace were obtained

from reliable Federal government

sources. FRA has found that this rule

imposes no additional burden on any

person, but rather provides a benefit by

permitting the valid comparison of

accident data over time. Accordingly,

FRA has concluded that notice and

comment procedures are impracticable,

unnecessary, and contrary to the public

interest. As a consequence, FRA is

proceeding directly to this final rule.

Regulatory Impact

Executive Order 12866 and DOT

Regulatory Policies and Procedures

This final rule has been evaluated in

accordance with existing regulatory

policies and procedures and is

considered to be a nonsignificant

regulatory action under DOT policies

and procedures. 44 FR 11034 (Feb. 26,

1979). This final rule also has been

reviewed under Executive Order 12866

and is also considered ‘‘nonsignificant’’

under that Order.

Regulatory Flexibility Act

The Regulatory Flexibility Act of 1980

(5 U.S.C. 601 et seq.) requires a review

of rules to assess their impact on small

entities, unless the Secretary certifies

that the rule will not have a significant

economic impact on a substantial

number of small entities. Pursuant to

Section 312 of the Small Business

Regulatory Enforcement Fairness Act of

1996 (Pub. L. 104–121), FRA has

published an interim policy that

formally establishes ‘‘small entities’’ as

being railroads that meet the linehaulage revenue requirements of a Class

III railroad. 62 FR 43024 (Aug. 11,

1997). For other entities, the same dollar

limit in revenues governs whether a

railroad, contractor, or other respondent

is a small entity. About 645 of the

approximately 700 railroads in the

United States are considered small

businesses by FRA. FRA certifies that

this final rule will have no significant

economic impact on a substantial

number of small entities. To the extent

that this rule has any impact on small

entities, the impact will be neutral

because the rule is maintaining, rather

than increasing, their reporting burden.

The American Shortline and Regional

Railroad Association (ASLRRA)

represents the interests of most small

freight railroads and some excursion

railroads operating in the United States.

FRA field offices and the ASLRRA

engage in various outreach activities

with small railroads. For instance, when

new regulations are issued that affect

small railroads, FRA briefs the ASLRRA,

which in turn disseminates the

information to its members and