17100 Federal Register / Vol. 62, No. 68 / Wednesday, April 9, 1997 / Rules and Regulations

Accounting Office prior to publication

of the rule in today’s Federal Register.

This rule is not a ‘‘major rule’’ as

defined by 5 U.S.C. 804(2) of the APA,

as amended.

List of Subjects in 40 CFR Part 180

Environmental protection,

Administrative practice and procedure,

Agriculatural commodities, Pesticides

and pest, Reporting and recordkeeping

requirements.

Dated: March 31, 1997.

Daniel M. Barolo,

Director, Office of Pesticide Programs.

Therefore, 40 CFR part 180 is

amended as follows:

1. The authority citation for part 180

continues to read as follows:

Authority: 21 U.S.C. 346a. and 371.

2. By adding § 180.500 to read as

follows:

§ 180.500 Imazapyr; tolerances for

residues.

Tolerances are being established for

residues of the herbicide imazapyr, [2-

[4,5-dihydro-4-methyl-4-(1-

methylethyl)-5-oxo-1H-imidazol-2-yl]-3-

pyridinecarboxylic acid], applied as the

acid or ammonium salt, in or on the

following raw agricultural commodities:

Commodity Parts per

million

Corn, field, forage (silage) ........ 0.05

Corn, field, grain ....................... 0.05

Corn, field, stover ..................... 0.05

[FR Doc. 97–9091 Filed 4–8–97; 8:45 am]

BILLING CODE 6560–50–F

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 1

[OST Docket No. 1; Amdt. 1–286]

Organization and Delegation of Powers

and Duties Delegated to the

Commandant, United States Coast

Guard

AGENCY: Office of the Secretary, DOT.

ACTION: Final rule.

SUMMARY: The Secretary of

Transportation is delegated to the

Commandant, United States Coast

Guard, the authority contained in the

Antarctic Science, Tourism, and

Conservation Act of 1996, to issue such

regulations as are necessary and

appropriate to implement the Protocol

on Environmental Protection to the

Antarctic Treaty relating to the

prevention of marine pollution and

emergency response action for vessels.

In order that the Code of Federal

Regulations reflect this delegation, a

change is necessary.

EFFECTIVE DATE: April 9, 1997.

FOR FURTHER INFORMATION CONTACT:

LCDR Ray Perry, Environmental

Standards Division (G–MSO–4), (202)

267–2714, U.S. Coast Guard, 2100

Second Street, SW., Washington, DC

20593; or Ms. Gwyneth Radloff, Office

of the General Counsel, C–50, (202)

366–9305, Department of

Transportation, 400 Seventh Street,

SW., Washington, DC 20590.

SUPPLEMENTARY INFORMATION: Public

Law 104–227 is the Antarctic Science,

Tourism, and Conservation Act of 1996

(hereafter referred to as the Act). Section

106 of this Act amends section 6 of the

Antarctic Conservation Act of 1978 (16

U.S.C. 2405) by requiring the Secretary

to issue such regulations as are

necessary and appropriate, in addition

to regulations issued under the Act to

Prevent Pollution from Ships (33 U.S.C.

1901 et seq.), to implement Annex IV of

the Protocol on Environmental

Protection to the Antarctic Treaty. It

also requires the Secretary to issue such

regulations as are necessary and

appropriate, with the concurrence of the

Director of the National Science

Foundation, to implement Article 15 of

the Protocol with respect to vessels. The

Secretary of Transportation is delegating

his authority under the Act to the

Commandant of the Coast Guard.

This rule adds a specific delegation of

authority to 49 CFR 1.46, thus amending

the codification to reflect the Secretarial

delegation of authority to the

Commandant of the Coast Guard.

Since this amendment relates to

departmental management,

organization, procedure, and practice,

notice and comment on it are

unnecessary under 5 U.S.C. 553(b).

Further, since the amendment expedites

the Coast Guard’s ability to implement

international treaty obligations, the

Secretary finds good cause under 5

U.S.C. 553(d)(3) for the final rule to be

effective on the date of publication in

the Federal Register.

List of Subjects in 49 CFR Part 1

Authority delegations (Government

agencies), Organization and functions

(Government agencies).

In consideration of the foregoing, Part

1 of Title 49, Code of Federal

Regulations, is amended to read as

follows:

PART 1—[AMENDED]

1. The authority citation for Part 1

continues to read as follows:

Authority: 49 U.S.C. 322; Pub. L. 101–552,

28 U.S.C. 2672, 31 U.S.C. 3711(a)(2).

1.46 [Amended]

2. Section 1.46 is amended by adding

a new paragraph (hhh) to read as

follows:

1.46 Delegations to Commandant of the

Coast Guard.

* * * * *

(hhh) Carry out the functions and

exercise the authority vested in the

Secretary by 16 U.S.C. 2405 to issue

such regulations as are necessary and

appropriate to implement the Antarctic

Science, Tourism, and Conservation Act

of 1996, Pub. L. No. 104–227, 110 Stat.

3034.

* * * * *

Issued at Washington, DC this 28th day of

March, 1997.

Rodney E. Slater,

Secretary of Transportation.

[FR Doc. 97–9155 Filed 4–8–97; 8:45 am]

BILLING CODE 4910–62–P

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety

Administration

49 CFR Part 531

[Docket No. 96–085; Notice 2]

Passenger Automobile Average Fuel

Economy Standards; Final Decision To

Grant Exemption

AGENCY: National Highway Traffic

Safety Administration (NHTSA), DOT.

ACTION: Final decision.

SUMMARY: This final decision responds

to a petition filed by Rolls-Royce

Motors, Ltd. (Rolls-Royce) requesting

that it be exempted from the generally

applicable average fuel economy

standard of 27.5 miles per gallon (mpg)

for model years (MYs) 1998 and 1999

and that a lower alternative standard be

established. In this document, NHTSA

establishes an alternative standard for

Rolls Royce of 16.3 mpg for MYs 1998

and 1999.

DATES: Effective date: May 27, 1997.

This exemption and the alternative

standards apply to Rolls Royce for MYs

1998 and 1999.

Petitions for reconsideration: Petitions

for reconsideration must be received no

later than May 27, 1997.

ADDRESSES: Petitions for reconsideration

of this rule should refer to the docket
Federal Register / Vol. 62, No. 68 / Wednesday, April 9, 1997 / Rules and Regulations 17101

number and notice number cited in the

heading of this notice and must be

submitted to: Administrator, National

Highway Traffic Safety Administration,

400 Seventh Street, SW., Washington

DC 20590.

FOR FURTHER INFORMATION CONTACT: Mr.

P.L. Moore, Office of Planning and

Consumer Programs, NHTSA, 400

Seventh Street, SW., Washington, DC

20590. Mr. Moore’s telephone number

is: (202) 366–5222.

For legal issues: Otto Matheke, Office

of the Chief Counsel, NCC–20,

telephone (202) 366–5253, facsimile

(202) 366–3820.

SUPPLEMENTARY INFORMATION:

Statutory Background

Pursuant to 49 U.S.C. section

32902(d), NHTSA may exempt a low

volume manufacturer of passenger

automobiles from the generally

applicable average fuel economy

standards if NHTSA concludes that

those standards are more stringent than

the maximum feasible average fuel

economy for that manufacturer and if

NHTSA establishes an alternative

standard for that manufacturer at its

maximum feasible level. Under the

statute, a low volume manufacturer is

one that manufactured (worldwide)

fewer than 10,000 passenger

automobiles in the second model year

before the model year for which the

exemption is sought (the affected model

year) and that will manufacture fewer

than 10,000 passenger automobiles in

the affected model year. In determining

the maximum feasible average fuel

economy, the agency is required under

49 U.S.C. 32902(f) to consider:

(1) Technological feasibility,

(2) Economic practicability,

(3) The effect of other Federal motor

vehicle standards on fuel economy, and

(4) The need of the United States to

conserve energy.

Section 32902(d)(2) permits NHTSA

to establish alternative average fuel

economy standards applicable to

exempted low volume manufacturers in

one of three ways: (1) A separate

standard for each exempted

manufacturer; (2) a separate average fuel

economy standard applicable to each

class of exempted automobiles (classes

would be based on design, size, price,

or other factors); or (3) a single standard

for all exempted manufacturers.

Proposed Decision and Public Comment

This final decision was preceded by a

proposal announcing the agency’s

tentative conclusion that Rolls Royce

should be exempted from the generally

applicable MYs 1998 and 1999

passenger automobile average fuel

economy standard of 27.5 mpg, and that

an alternative standard of 16.3 mpg be

established for Rolls Royce for MYs

1998 and 1999 (61 FR 46756; September

5, 1996). The agency did not receive any

comments in response to the proposed

decision.

NHTSA Final Determination

The agency is adopting the tentative

conclusions set forth in the proposed

decision as its final conclusions, for the

reasons set forth in the proposed

decision. Based on the conclusions that

the maximum feasible average fuel

economy level for Rolls Royce is 16.3

mpg for MY 1998 and 16.3 mpg for MY

1999, that other Federal motor vehicle

standards will not affect achievable fuel

economy beyond the extent considered

in the proposed decision, and that the

national effort to conserve energy will

not be affected by granting this

exemption, NHTSA hereby exempts

Rolls Royce from the generally

applicable passenger automobile

average fuel economy standard for the

1998 and 1999 model years and

establishes an alternative standard of

16.3 mpg for MYs 1998 and 1999 for

Rolls Royce.

Regulatory Impacts

NHTSA has analyzed this decision,

and determined that neither Executive

Order 12866 nor the Department of

Transportation’s regulatory policies and

procedures apply, because this decision

is not a ‘‘rule,’’ which term is defined

as ‘‘an agency statement of general

applicability and future effect.’’ This

exemption is not generally applicable,

since it applies only to Rolls Royce. If

the Departmental policies and

procedures were applicable, the agency

would have determined that this action

is not ‘‘significant.’’ The principal

impact of this exemption is that Rolls

Royce will not be required to pay civil

penalties if they achieve a CAFE level

equivalent to the alternative standard

established in this notice. Since this

decision sets an alternative standard at

the level determined to be Rolls Royce’s

maximum feasible average fuel

economy, no fuel would be saved by

establishing a higher alternative

standard. The impacts for the public at

large will be minimal.

The agency has also considered the

environmental implications of this

decision in accordance with the

National Environmental Policy Act and

determined that this decision will not

significantly affect the human

environment. Regardless of the fuel

economy of a vehicle, it must pass the

emissions standards which limit the

amount of emissions per mile traveled.

Thus, the quality of the air is not

affected by this exemption and

alternative standard. Further, since

Rolls Royce’s 1998 and 1999 model year

automobiles cannot achieve better fuel

economy than 16.3 mpg for MYs 1998

and 1999, granting this exemption will

not affect the amount of gasoline

consumed.

Since the Regulatory Flexibility Act

may apply to a decision exempting a

manufacturer from a generally

applicable standard, I certify that this

decision will not have a significant

economic impact on a substantial

number of small entities. This decision

does not impose any burdens on Rolls

Royce. It relieves the company from

having to pay civil penalties for

noncompliance with the generally

applicable standard for MY 1998 and

1999. Since the price of 1998 and 1999

Rolls Royce automobiles will not be

affected by this decision, the purchasers

will not be affected.

List of Subjects in 49 CFR Part 531

Energy conservation, Gasoline,

Imports, Motor vehicles.

In consideration of the foregoing, 49

CFR part 531 is amended as follows:

PART 531—[AMENDED]

1. The authority citation for part 531

continues to read as follows:

Authority: 49 U.S.C. 32902, delegation of

authority at 49 CFR 1.50.

2. In 49 CFR § 531.5, the introductory

text of paragraph (b) is republished and

paragraph (b)(2) is revised to read as

follows:

§ 531.5 Fuel economy standards.

* * * * *

(b) The following manufacturers shall

comply with the standards indicated

below for the specified model years:

* * * * *

(2) Rolls-Royce Motors, Inc.

Model year

Average

fuel economy standard (miles

per gallon)

1978 .......................................... 10.7

1979 .......................................... 10.8

1980 .......................................... 11.1

1981 .......................................... 10.7

1982 .......................................... 10.6

1983 .......................................... 9.9

1984 .......................................... 10.0

1985 .......................................... 10.0

1986 .......................................... 11.0

1987 .......................................... 11.2

1988 .......................................... 11.2

1989 .......................................... 11.2

1990 .......................................... 12.7
17102 Federal Register / Vol. 62, No. 68 / Wednesday, April 9, 1997 / Rules and Regulations

Model year

Average

fuel economy standard (miles

per gallon)

1991 .......................................... 12.7

1992 .......................................... 13.8

1993 .......................................... 13.8

1994 .......................................... 13.8

1995 .......................................... 14.6

1996 .......................................... 14.6

1997 .......................................... 15.1

1998 .......................................... 16.3

1999 .......................................... 16.3

* * * * *

Issued on: April 2, 1997.

L. Robert Shelton,

Associate Administrator for Safety

Performance Standards.

[FR Doc. 97–8824 Filed 4–8–97; 8:45 am]

BILLING CODE 4910–59–P