Federal Register / Vol. 63, No. 72 /Wednesday, April 15, 1998 /Rules and Regulations 18323

2. Section 117.613 is revised to read

as follows:

§ 117.613 North River.

The draw of the Plymouth County

(Bridge Street) Bridge, mile 4.0, at

Norwell, shall open on signal from May

1 through October 31 if at least four

hours notice is given. From November 1

through April 30, the draw shall open

on signal if at least 24 hours notice is

given.

Dated: March 16, 1998.

James D. Garrison,

Captain, U.S. Coast Guard, Acting

Commander, First Coast Guard District.

[FR Doc. 98–9927 Filed 4–14–98; 8:45 am]

BILLING CODE 4910–15–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01–97–128]

RIN 2115–AE47

Drawbridge Operation Regulations:

Sheepscot River, ME

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is removing

the operating rules for the Maine

Highway Bridge over the Sheepscot

River, mile 14.0, between Wiscasset and

North Edgecombe, Maine. The Maine

Highway Bridge was replaced by a fixed

span bridge in 1983, and the regulations

are no longer applicable. Notice and

public procedure have been omitted

from this action because the bridge the

regulations formerly governed no longer

exists.

DATES: This final rule is effective on

April 15, 1998.

ADDRESSES: Documents as indicated in

this preamble are available for

inspection or copying at the First Coast

Guard District Office, 408 Atlantic

Avenue, Boston, Massachusetts 02110, 7

a.m. to 3 p.m., Monday through Friday,

except Federal holidays. The telephone

number is (617) 223–8364.

FOR FURTHER INFORMATION CONTACT:

John W. McDonald, Project Officer, First

Coast Guard District, (617) 223–8364.

SUPPLEMENTARY INFORMATION:

Background

The Maine Highway Bridge was

replaced by a new fixed span bridge in

1983, and the old bridge has been

removed.

The Coast Guard has determined that

good cause exists under the

Administrative Procedure Act (5 U.S.C.

553) to forego notice and comment for

this rulemaking because notice and

comment are unnecessary. Notice and

comment are unnecessary because the

bridge the regulations governed no

longer exists.

The Coast Guard, for the reason just

stated, has also determined that good

cause exists for this rule to be effective

upon publication in the Federal

Register.

Regulatory Evaluation

This rule is not a significant

regulatory action under section 3(f) of

Executive Order 12866 and does not

require an assessment of potential costs

and benefits under section 6(a)(3) of that

Order. It has not been reviewed by the

Office of Management and Budget under

that Order. It is not significant under the

regulatory policies and procedures of

the Department of Transportation (DOT)

(44 FR 11040; February 26, 1979). The

Coast Guard expects the economic

impact of this rule to be so minimal that

a full Regulatory Evaluation under

paragraph 10e of the regulatory policies

and procedures of DOT is unnecessary.

This conclusion is based on the fact that

the bridge has been removed and the

regulations for said bridge are no longer

needed.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guard

considered whether this final rule will

have a significant economic impact on

a substantial number of small entities.

‘‘Small entities’’ include small

businesses, not-for-profit organizations

that are independently owned and

operated and are not dominant in their

fields, and governmental jurisdictions

with populations less than 50,000.

Therefore, for the reasons discussed in

the Regulatory Evaluation section above,

the Coast Guard certifies under section

605(b) of the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.) that this final rule

will not have a significant economic

impact on a substantial number of small

entities.

Collection of Information

This final rule does not provide for a

collection of information under the

Paperwork Reduction Act of 1995 (44

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

Federalism

The Coast Guard has analyzed this

final rule in accordance with the

principles and criteria contained in

Executive Order 12612 and has

determined that this rule does not have

sufficient federalism implications to

warrant the preparation of a Federalism

Assessment.

Environment

The Coast Guard considered the

environmental impact of this rule and

concluded that, under section

2.B.2.e.(34) of Commandant Instruction

M16475.1B, as amended by 59 FR

38655, July 29, 1994, this rule is

categorically excluded from further

environmental documentation. A

‘‘Categorical Exclusion Determination’’

is available in the docket for inspection

or copying where indicated under

ADDRESSES.

List of Subjects in 33 CFR Part 117

Bridges.

Regulations

For the reasons set out in the

preamble, the Coast Guard amends 33

CFR part 117 as follows:

PART 117—DRAWBRIDGE

OPERATION REGULATIONS

1. The authority citation for part 117

continues to read as follows:

Authority: 33 U.S.C. 499; 49 CFR 1.46; 33

CFR 1.05–1(g); section 117.255 also issued

under the authority of Pub. L. 102–587, 106

Stat. 5039.

2. Section 117.533 is revised as

follows:

§ 117.533 Sheepscot River.

The draw of the Maine Central

Railroad Bridge, mile 15.0, between

Wiscasset and North Edgecombe, Maine,

need not be opened for the passage of

vessels. The draw of the Maine Central

Railroad Bridge shall be returned to

operable condition within six months

after notification by the District

Commander to do so.

Dated: March 16, 1998.

James D. Garrison,

Captain, U.S. Coast Guard, Acting

Commander, First Coast Guard District.

[FR Doc. 98–9929 Filed 4–14–98; 8:45 am]

BILLING CODE 4910–15–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 8

[FRL–5994–2]

Extension of Effective Date of

Environmental Impact Assessment of

Nongovernmental Activities in

Antarctica

AGENCY: Environmental Protection

Agency (EPA).
18324 Federal Register / Vol. 63, No. 72 /Wednesday, April 15, 1998 /Rules and Regulations

ACTION: Direct amendment to interim

final rule.

SUMMARY: On April 30, 1997, the

Environmental Protection Agency (EPA)

promulgated a regulation on

environmental impact assessment of

nongovernmental activities in

Antarctica under Public Law 104–227,

the Antarctic Science, Tourism, and

Conservation Act of 1996. The April 30,

1997, Interim Final Rule applies only to

nongovernmental activities that may

occur through the 1998–99 austral

summer, to be replaced by a final rule.

The EPA had planned to promulgate the

final rule prior to October 2, 1998.

However, representatives from the

affected industry and environmental

nongovernmental organizations (NGOs)

have requested that EPA delay

promulgation of the final rule for at least

one year so that more experience with

the Interim Final Rule can be

considered in developing the final rule.

After consultation with other Federal

agencies which are involved with

nongovernmental activities in

Antarctica, EPA has determined that

this request is reasonable and that

additional time to develop the final rule

will be beneficial. In order to delay

promulgation of the final rule, EPA

must amend the Interim Final Rule to

extend its applicability through the

2000–2001 austral summer.

Accordingly, EPA is promulgating this

amendment to the Interim Final Rule as

a direct amendment to interim final rule

without prior proposal, because EPA

views this as a noncontroversial action

and anticipates no adverse comments.

DATES: Effective date: July 14, 1998

unless relevant adverse comments are

received by June 15, 1998. If the

effective date is delayed, timely notice

will be published in the Federal

Register.

ADDRESSES: Comments must be

addressed to Mr. Joseph Montgomery or

Ms. Katherine Biggs, Office of Federal

Activities (2252A), U.S. Environmental

Protection Agency, 401 M Street, S.W.,

Washington, D.C. 20460.

FOR FURTHER INFORMATION CONTACT: Mr.

Joseph Montgomery or Ms. Katherine

Biggs, Office of Federal Activities

(2252A), U.S. Environmental Protection

Agency, 401 M Street, S.W.,

Washington, D.C. 20460; telephone:

(202) 564–7157 or (202) 564–7144,

respectively.

SUPPLEMENTARY INFORMATION: The EPA

is also proposing an identical

amendment and soliciting comment on

it in the PROPOSED RULES section of

today’s Federal Register. The

accompanying notice of proposed

rulemaking serves as the basis of a

subsequent final rule if the time

extension amendment in the direct

amendment to interim final rule

receives relevant adverse comment and

the direct amendment to interim final

rule does not take effect as described

below. If relevant adverse comments are

received on the direct amendment to

interim final rule, then EPA will

withdraw this direct amendment to

interim final rule prior to its effective

date, consider the comments received

on it as comments on the identical

amendment in the PROPOSED RULES

section, and address these comments

during this subsequent final rulemaking.

This direct amendment to interim

final rule will become effective without

further notice ninety (90) days from the

date of today’s Federal Register

publication unless the EPA receives

relevant adverse comment within sixty

(60) days from the date of today’s

publication. For instructions on

commenting to EPA, please see the

ADDRESSES section and the ADDRESSES

section of the corresponding proposed

rule in the PROPOSED RULES section of

today’s Federal Register.

For additional information, see the

proposed rule published in the

PROPOSED RULES section of this Federal

Register. For information on the direct

amendment to interim final rulemaking

process and associated proposed

rulemaking, see the SUMMARY section of

this document.

I. Executive Order Clearance

Under Executive Order 12866, (58 FR

51,735 (October 4, 1993)) the EPA must

determine whether the regulatory action

is ‘‘significant’’ and therefore subject to

review by the Office of Management and

Budget (OMB) and the requirements of

the Executive Order. The Order defines

‘‘significant regulatory action’’ as one

that is likely to result in a rule that may:

(1) Have an annual effect on the

economy of $100 million or more or

adversely affect in a material way the

economy, a sector of the economy,

productivity, competition, jobs, the

environment, public health or safety, or

State, local, or tribal governments or

communities;

(2) Create a serious inconsistency or

otherwise interfere with an action taken

or planned by another agency;

(3) Materially alter the budgetary

impact of entitlements, grants, user fees,

or loan programs or the rights and

obligations of recipients thereof; or

(4) Raise novel legal or policy issues

arising out of legal mandates, the

President’s priorities, or the principles

set forth in the Executive Order.

Pursuant to the terms of Executive

Order 12866, EPA determined that the

Interim Final Rule (62 FR 83, 23544

(April 30, 1997)) was a ‘‘significant

regulatory action.’’ Although none of the

first three criteria apply, the Interim

Final Rule raised novel legal or policy

issues arising out of legal mandates

under P.L. 104–227, the Antarctic

Science, Tourism, and Conservation Act

of 1996 and the Protocol on

Environmental Protection to the

Antarctic Treaty of 1959. Accordingly,

the Interim Final Rule was submitted to

OMB for review. Changes were made in

response to OMB recommendations.

The EPA has determined, however, that

this action to amend the effective date

of the Interim Final Rule is not a

‘‘significant regulatory action’’ because

the legal and policies issues raised are

no longer novel and were considered

previously by OMB and because the first

three criteria still do not apply.

Accordingly, this action was not

submitted to OMB for review.

II. Regulatory Flexibility Act

The EPA determined that the Interim

Final Rule issued April 30, 1997, was

not subject to the Regulatory Flexibility

Act (RFA), which generally requires an

agency to prepare a regulatory flexibility

analysis for any proposed and final rule,

unless the agency certifies that the rule

will not have a significant economic

impact on a substantial number of small

entities. By its terms, the RFA applies

only to rules for which the Agency is

required to conduct notice-andcomment rulemaking under the

Administrative Procedure Act (APA) or

any other statute. The Interim Final

Rule was not subject to the RFA because

EPA promulgated the rule invoking the

‘‘good cause’’ exemption provided in

section 553(b) of the APA, 5 U.S.C.

553(b)(B), which removed the rule from

the APA notice and comment

requirements.

Today’s regulation, although it does

no more than extend the effective date

of the Interim Final Rule, is not exempt

from APA notice and comment

requirements, and is, therefore, subject

to the requirements of the Regulatory

Flexibility Act. The Agency has

carefully assessed the impact of this

regulation on small entities, and has

determined that it is appropriate to

certify that it will not have a significant

economic impact on a substantial

number of small entities.

This determination is based on

several factors. First, the total number of

entities subject to the rule is small,

probably no more than 10. However, the

overwhelming majority of the affected

entities will be small. Nevertheless, the
Federal Register / Vol. 63, No. 72 /Wednesday, April 15, 1998 /Rules and Regulations 18325

impact of the rule will be low because

assessments are already done pursuant

to the current rule. Further, because the

Interim Final Rule, as extended today,

only requires assessment of

environmental impacts, it will not cause

any revenue reductions. The only

economic effects of the rule on small

businesses will be limited primarily to

the cost of preparing an assessment. As

explained further below in the

discussion of the Paperwork Reduction

Act, these costs should have been

relatively minor even for the first year’s

submission, which all operators

completed. Further, EPA anticipates

few, if any, new operators will enter the

field, and that for existing operators

submissions in succeeding years will be

able to re-use or modify substantial

portions of the first year’s

documentation, further reducing costs.

In addition, EPA has ensured the

impact to small entities is minimized by

drafting the Interim Final Rule such that

the requirements it imposes are no

greater than necessary to ensure that the

United States will be in compliance

with its international obligations under

the Protocol and the Treaty. Finally,

EPA has included a number of

provisions, e.g., incorporation of

information and consolidation of

documentation, in the Interim Final

Rule which should minimize the cost of

such an analysis.

III. Unfunded Mandates Reform Act

and Executive Order 12875

Title II of the Unfunded Mandates

Reform Act of 1995 (UMRA), P.L. 104–

4, establishes requirements for Federal

agencies to assess the effects of their

regulatory actions on state, local, and

tribal governments and the private

sector. The UMRA did not apply to the

Interim Final Rule because it was

necessary for the ratification and

implementation of international treaty

obligations. The Interim Final Rule was

not subject to the requirements of

sections 202 and 205 of the UMRA. In

any event, EPA determined that the

Interim Final Rule did not contain a

Federal mandate that may result in

annual expenditures of $100 million or

more for state, local, and tribal

governments, in the aggregate, or for the

private sector. The EPA also determined

that the Interim Final Rule contained no

regulatory requirements that might

significantly or uniquely affect small

governments under section 203 of the

UMRA. This action is merely an

extension of the effective date of the

Interim Final Rule and imposes no

burdens that may result in annual

expenditures of $100 million or more.

The rule, as extended, also is not

expected to impact small governments

significantly or uniquely. Accordingly,

the requirements of UMRA do not

apply.

Executive Order 12875, Enhancing

Intergovernmental Partnerships,

likewise requires EPA to address certain

effects on state, local, and tribal

governments, but does not apply to the

private sector. Since this regulation will

affect only the private sector, and not

any local, state, or tribal governments,

the Executive Order does not apply.

IV. Paperwork Reduction Act

The information collection

requirements in the Interim Final Rule

were submitted for approval to the OMB

under the Paperwork Reduction Act, 44

U.S.C. 3501 et seq. Under Section

1320.13 of this Act, EPA received

emergency approval, and a six month

extension of this approval, from OMB

for the Interim Final Rule. The OMB’s

approval expires in August 1998.

Information Collection Request (ICR)

Supporting Statements were prepared

by EPA for the emergency approval of

the ICR for the Interim Final Rule (ICR

No. 1808.01) and the extension of this

approval, and copies may be obtained

from Ms. Sandy Farmer, Regulatory

Information Division (2136), U.S.

Environmental Protection Agency, 401

M Street, S.W., Washington, D.C. 20460;

telephone: (202) 260–2740.

The emergency request for ICR

approval along with the Interim Final

Rule were necessary so that

implementing regulations would be in

place contemporaneously with the

United States’ ratification of the

Protocol and in order to implement its

obligations under the Protocol as soon

as the Protocol entered into force. The

Interim Final Rule provides

nongovernmental operators with the

specific environmental documentation

requirements they must meet in order to

comply with the Protocol.

Nongovernmental operators,

including tour operators, conducting

expeditions to Antarctica are required to

submit environmental documentation to

EPA that evaluates the potential

environmental impact of their proposed

activities. If EPA has no comments, or

if the documentation is satisfactorily

revised in response to EPA’s comments,

and the operator does not receive a

notice from EPA that the environmental

documentation does not meet the

requirements of Article 8 and Annex I

of the Protocol and the provisions of the

interim final regulations, the operator

will have no further obligations

pursuant to the applicable requirements

of the interim final regulations provided

that any appropriate measures, which

may include monitoring, are put in

place to assess and verify the impact of

the activity.

The type of environmental document

required depends upon the nature and

intensity of the environmental impacts

that could result from the activity under

consideration. The Interim Final Rule

provides for incorporation of material

into an environmental document by

referring to it in the document when the

effect will be to reduce paperwork.

Further, an operator may include more

than one proposed expedition within

one environmental document and one

environmental document may also be

used to address expeditions being

carried out by more than one operator

further reducing burden. In addition,

EPA anticipates that operators will

likely use the environmental documents

submitted for their 1997–1998

expeditions, with appropriate revisions,

for submittal in subsequent years under

the Interim Final Rule.

This action is merely an extension of

the effective date of the Interim Final

Rule, and is being taken in part in

response to Antarctica tour operators.

The EPA is preparing the ICR

Supporting Statement for the Interim

Final Rule taking into account the

experience of the Federal agencies and

the nongovernmental operators,

including tour operators, subject to the

Interim Final Rule during the 1997–

1998 austral season covered by OMB’s

emergency ICR approval. A Federal

Register Notice will be published

informing the public of the availability

of the Supporting Statement for review

and comment. Following the public

comment period, EPA will address any

relevant comments and then request

OMB’s approval of the ICR for the

Interim Final Rule prior to the

information collection schedule for the

1998–1999 austral season. For the

limited time the Interim Final Rule will

be in effect, the EPA anticipates that

operators will, as they did for the 1997–

1998 austral season, make one submittal

per year for all of their expeditions for

that year. No capital costs or operational

and maintenance costs are anticipated

to be incurred as a result of the ICR for

the Interim Final Rule. The following

estimates were provided in the Interim

Final Rule promulgated on April 30,

1997 (62 FR 83, 23538 (April 30, 1997)).

Frequency of Reporting: Once per

year.

Affected Public: Businesses, other

nongovernmental entities including for

profit entities, and not for profit

institutions.

Number of Respondents: 8.

Estimated Average Time Per

Respondent: 120 Hours.
18326 Federal Register / Vol. 63, No. 72 /Wednesday, April 15, 1998 /Rules and Regulations

Total Annual Burden Hours: 960.

Burden means the total time, effort, or

financial resources expended by persons

to generate, maintain, retain, or disclose

or provide information to or for a

Federal agency. This includes the time

needed to: review instructions; develop,

acquire, install, and utilize technology

and systems for the purposes of

collecting, validating, and verifying

information, processing and

maintaining information, and disclosing

and providing information; adjust the

existing ways to comply with any

previously applicable instructions and

requirements; train personnel to be able

to respond to a collection of

information; search data sources;

complete and review the collection of

information; and transmit or otherwise

disclose the information.

An agency may not conduct or

sponsor, and a person is not required to

respond to, a collection of information

unless it displays a currently valid OMB

control number. The OMB control

numbers for EPA’s regulations are listed

in 40 CFR Part 9 and 48 CFR Chapter

15.

V. National Technology Transfer and

Advancement Act

Under the National Technology

Transfer and Advancement Act, 15

U.S.C. 272 note, EPA must use

voluntary consensus standards to carry

out policy objectives or activities unless

it would be impractical to do so. In this

case, such standards, applicable to this

regulation, do not exist. Accordingly,

the use of such standards is not

required.

VI. 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 direct amendment

to interim final 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 direct

amendment to interim final rule in the

Federal Register. This direct final rule

is not a ‘‘major rule’’ as defined by 5

U.S.C. 804(2).

List of Subjects in 40 CFR Part 8

Environmental protection, Antarctica,

Enforcement, Environmental

documentation, Environmental impact

assessment, Penalties, Prohibited acts.

Dated: April 2, 1998.

Steven A. Herman,

Assistant Administrator, Office of

Enforcement and Compliance Assurance.

Therefore, for the reasons set out in

the preamble, title 40 chapter 1 of the

Code of Federal Regulations is amended

as follows:

PART 8—ENVIRONMENTAL IMPACT

ASSESSMENT OF

NONGOVERNMENTAL ACTIVITIES IN

ANTARCTICA

1. The authority citation for part 8

continues to read as follows:

Authority: 16 U.S.C. 2401 et seq., as

amended, 16 U.S.C. 2403a.

2. Section 8.2 is amended by revising

paragraph (d) to read as follows:

§ 8.2 Applicability and effect.

* * * * *

(d) This part is effective on April 30,

1997. This part will expire upon the

earlier of the end of the 2000–2001

austral summer season or upon issuance

of a final regulation.

3. Section 8.8 is amended by revising

paragraphs (b)(1) and (b)(2) to read as

follows:

§ 8.8 Comprehensive environmental

evaluation.

* * * * *

(b) Submission of Draft CEE to the

EPA and Circulation to Other Parties.

(1) For the 1998–1999, 1999–2000, and

2000–2001 austral seasons, any operator

who plans a nongovernmental

expedition which would require a CEE

must submit a draft of the CEE by

December 1, 1997, December 1, 1998,

and December 1, 1999, respectively.

Within fifteen (15) days of receipt of the

draft CEE, EPA will: send it to the

Department of State which will circulate

it to all Parties to the Protocol and

forward it to the Committee for

Environmental Protection established by

the Protocol, and publish notice of

receipt of the CEE and request for

comments on the CEE in the Federal

Register, and will provide copies to any

person upon request. The EPA will

accept public comments on the CEE for

a period of ninety (90) days following

notice in the Federal Register. The EPA,

in consultation with other interested

federal agencies, will evaluate the CEE

to determine if the CEE meets the

requirements under Article 8 and Annex

I to the Protocol and the provisions of

this part and will transmit its comments

to the operator within 120 days

following publication in the Federal

Register of the notice of availability of

the CEE.

(2) The operator shall send a final CEE

to EPA at least seventy-five (75) days

before commencement of the proposed

activity in the Antarctic Treaty area. The

CEE must include (or summarize) any

comments on the draft CEE received

from EPA, the public, and the Parties,

including comments offered at the XXII

Antarctic Treaty Consultative Meeting

in 1998, the XXIII Antarctic Treaty

Consultative Meeting in 1999, and the

XXIV Antarctic Treaty Consultative

Meeting in 2000 for CEEs submitted for

the 1998–1999, 1999–2000, and 2000–

2001 austral seasons, respectively.

Following the final response from the

operator, the EPA will inform the

operator if EPA, with the concurrence of

the National Science Foundation, makes

the finding that the environmental

documentation submitted does not meet

the requirements of Article 8 and Annex

I of the Protocol and the provisions of

this part. This notification will occur

within fifteen (15) days of submittal of

the final CEE by the operator if the final

CEE is submitted by the operator within

the time limits set out in this section. If

no final CEE is submitted or the

operator fails to meet these time limits,

EPA will provide such notification sixty

(60) days prior to departure of the

expedition. If EPA does not provide

such notice, the operator will be

deemed to have met the requirements of

this part provided that procedures,

which include appropriate monitoring,

are put in place to assess and verify the

impact of the activity. The EPA will

transmit the CEE, along with a notice of

any decisions by the operator relating

thereto, to the Department of State

which shall circulate it to all Parties no

later than sixty (60) days before

commencement of the proposed activity

in the Antarctic Treaty area. The EPA

will also publish a notice of availability

of the final CEE in the Federal Register.

* * * * *

[FR Doc. 98–10006 Filed 4–14–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[OPP–300623; FRL–5773–9]

2070–AB78

Canola Oil; Exemption from the

Requirement of a Tolerance

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.