24748 Federal Register / Vol. 63, No. 86 /Tuesday, May 5, 1998 /Rules and Regulations

3. Table Four, Paragraph 16 of § 706.2 is amended by adding, in numerical order, the following entry for USS

DONALD COOK:

§ 706.2 Certifications of the Secretary of the Navy under Executive Order 11964 and 33 U.S.C. 1605.

* * * * *

Vessel Number Obstruction angle relative

ship’s headings

* * * * * * *

USS DONALD COOK ............................................................................................................................... DDG 75 102.00 thru 112.50.

* * * * * * *

4. Table Five of § 706.2 is amended by adding, in numerical order, the following entry for USS DONALD COOK:

§ 706.2 Certifications of the Secretary of the Navy under Executive Order 11964 and 33 U.S.C. 1605.

* * * * *

TABLE FIVE

Vessel Number

Masthead lights

not over all other

lights and obstructions. annex

I, sec. 2(f)

Forward masthead light not in

forward quarter of

ship. annex I,

sec. 3(a)

After masthead

light less than 1⁄2

ship’s length aft

of forward masthead light. annex

I, sec. 3(a)

Percentage

horizontal

separation attained

* * * * * * *

USS DONALD COOK ................................................... DDG 75 X X X 14.0

* * * * * * *

Dated: April 17, 1998.

R. R. Pixa,

Captain, JAGC, U.S. Navy, Deputy Assistant

Judge Advocate, General (Admiralty).

[FR Doc. 98–11884 Filed 5–4–98; 8:45 am]

BILLING CODE 3810–FF–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 52 and 81

[FRL–5980–8]

Technical Amendments To Approval

and Promulgation of Implementation

Plans; Wisconsin; Correction of

Effective Date Under Congressional

Review Act (CRA)

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule; correction of

effective date under CRA.

SUMMARY: On July 23, 1997 (62 FR

39446), the Environmental Protection

Agency published in the Federal

Register a final rule concerning the

temporary delay of the ozone attainment

date for Manitowoc Country from 1996

to 2007. This action suspended the

automatic reclassification of Manitowoc

Country from moderate to serious

nonattainment, which established an

effective date of August 22, 1997. This

document corrects the effective date of

the rule to May 5, 1998 to be consistent

with section 801 and 808 of the

Congressional Review Act (CRA),

enacted as part of the Small Business

Regulatory Enforcement Fairness Act, 5

U.S.C. 801 and 808.

EFFECTIVE DATE: This rule is effective on

May 5, 1998.

FOR FURTHER INFORMATION CONTACT:

Tom Eagles, Office of Air, at (202) 260–

5595.

SUPPLEMENTARY INFORMATION:

I. Background

Section 801 of the CRA precludes a

rule from taking effect until the agency

promulgating the rule submits a rule

report, which includes a copy of the

rule, to each House of Congress and to

the Comptroller General of the General

Accounting Office (GAO). EPA recently

discovered that it had inadvertently

failed to submit the above rule as

required; thus, although the rule was

promulgated on the date stated in the

July 23, 1997, Federal Register

document, by operation of law, the rule

did not take effect on August 22, 1997,

as stated therein. Now that EPA has

discovered its error, the rule has been

submitted to both Houses of Congress

and the GAO. This document amends
Federal Register / Vol. 63, No. 86 /Tuesday, May 5, 1998 /Rules and Regulations 24749

the effective date of the rule consistent

with the provisions of the CRA. 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, an 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 EPA merely is

correcting the effective date of the

promulgated rule to be consistent with

the congressional review requirements

of the Congressional Review Act as a

matter of law and has no discretion in

this matter. Thus, notice and public

procedure are unnecessary. The Agency

finds that this constitutes good cause

under 5 U.S.C. 553(b)(B). Moreover,

since today’s action does not create any

new regulatory requirements and

affected parties have known of the

underlying rule since July 23, 1997, EPA

finds that good cause exists to provide

for an immediate effective date pursuant

to 5 U.S.C. 553(d)(3) and 808(2).

II. Administrative Requirements

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. In

addition, this action does not impose

any enforceable duty or contain any

unfunded mandate as described in the

Unfunded Mandates Reform Act of 1995

(Pub. L. 104–4), or require prior

consultation with State officials as

specified by Executive Order 12875 (58

FR 58093, October 28, 1993), or involve

special consideration of environmental

justice related issues as required by

Executive Order 12898 (59 FR 7629,

February 16, 1994). Because 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.). EPA’s

compliance with these statutes and

Executive Orders for the underlying rule

is discussed in the July 23, 1997,

Federal Register document.

Pursuant to 5 U.S.C. 801(a)(1)(A), as

added by the Small Business Regulatory

Enforcement Fairness Act of 1996, 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 General Accounting

Office; however, in accordance with 5

U.S.C. 808(2), this rule is effective on

May 5, 1998. This rule is not a ‘‘major

rule’’ as defined in 5 U.S.C. 804(2).

This final rule only amends the

effective date of the underlying rule; it

does not amend any substantive

requirements contained in the rule.

Accordingly, to the extent it is available,

judicial review is limited to the

amended effective date.

Dated: April 22, 1998.

Carol Browner,

Administrator.

[FR Doc. 98–11541 Filed 5–4–98; 8:45 am]

BILLING CODE 6560–50–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 63

[AD–FRL–6007–5]

RIN 2060–A104

National Emission Standards for

Hazardous Air Pollutants: Halogenated

Solvent Cleaning

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule; Notice of temporary

stay.

SUMMARY: Today’s action announces a 3-

month stay of certain national emission

standards for hazardous air pollutants

(NESHAP) for certain sources. The

effectiveness of the provisions for

‘‘National Emission Standards for

Hazardous Air Pollutants: Halogenated

Solvent Cleaning,’’ December 2, 1994)

for continuous web cleaning machines

using halogenated hazardous air

pollutant (HAP) solvents is stayed for 3

months for good cause pursuant to

section 553(b)(3)(B) of the

Administrative Procedure Act. Since the

compliance date for existing affected

sources covered by this NESHAP was

December 2, 1997, it is not practical to

propose and take public comment on

this 3-month stay.

This action also revises the definition

of the term ‘‘part’’ and adds a definition

for continuous web cleaning machine to

§ 63.461. A continuous web cleaning

machine is one that cleans parts such as

film, coils, wire, and metal strips at

speeds in excess of 11 feet per minute.

Parts are generally uncoiled, cleaned

such that the same part is

simultaneously entering and exiting the

solvent cleaning machine, and then

recoiled or cut.

Elsewhere in the Proposed Rules

Section of today’s Federal Register, the

EPA proposes to extend the compliance

date for sources affected by today’s stay

for 1 year in order to complete the

rulemaking pertaining to control of

emissions from continuous web

cleaning machines.

This stay affects only those sources

which meet the criteria describing a

continuous web cleaning machine using

halogenated HAP solvents.

EFFECTIVE DATE: May 5, 1998.

FOR FURTHER INFORMATION CONTACT: Mr.

Paul Almodo ́var at (919) 541–0283,

Emission Standards Division (MD–13),

U.S. Environmental Protection Agency,

Research Triangle Park, North Carolina

27711. For information regarding the

applicability of this action to a

particular entity, contact Mrs. Tracy

Back, Manufacturing Branch, Office of

Compliance (2223A), U.S.

Environmental Protection Agency, 401

M Street, SW, Washington, DC 20460;

telephone (202) 564–7076.

SUPPLEMENTARY INFORMATION:

Regulated Entities

Entities potentially regulated by this

action are owners or operators of

continuous web cleaning machines

using any solvent containing methylene

chloride, perchloroethylene,

trichloroethylene, 1,1,1 trichloroethane,

carbon tetrachloride, or chloroform, or

any combination of these halogenated

HAP solvents, in a concentration greater

than 5 percent by weight, as a cleaning

or drying agent. Regulated categories

include:

Category Examples of regulated entities

Industry .... Facilities engaging in cleaning

operations using halogenated

solvent cleaning machines.

This table is not intended to be

exhaustive, but rather provides a guide

for readers regarding entities that the

EPA is now aware of that potentially

could be regulated by this action. Other

types of entities not listed in the table

also could be regulated. To determine

whether your facility [company,

business, organization, etc.] is regulated

by this action, you should carefully

examine the applicability criteria in

§ 63.460 of the NESHAP for halogenated

solvent cleaning operations that was

promulgated in the Federal Register on

December 2, 1994 (59 FR 61801) and

codified at 40 CFR part 63, subpart T.

If you have questions regarding the

applicability of this action to a

particular entity, consult Mrs. Tracy

Back at the address listed in the

preceding FOR FURTHER INFORMATION

CONTACT section.

I. Background

On December 2, 1994, the EPA

promulgated NESHAP for halogenated

solvent cleaning operations (59 FR