21724 Federal Register / Vol. 60, No. 85 / Wednesday, May 3, 1995 / Rules and Regulations

1EPA promulgated such designations pursuant to

Section 107(d)(4) of the Act (56 FR 56694;

November 6, 1991).

(x) [Reserved]

(y) [Reserved]

(z) [Reserved]

(aa) [Reserved]

(bb) [Reserved]

(cc) Siskiyou County APCD (complete

submittal received on December 6,

1993); interim approval effective on

June 2, 1995; interim approval expires

June 3, 997.

(dd) [Reserved]

(ee) [Reserved]

(ff) Tuolumne County APCD

(complete submittal received on

November 16, 1993); interim approval

effective on June 2, 1995; interim

approval expires June 3, 1997.

(gg) [Reserved]

(hh) Yolo-Solano AQMD (complete

submittal received on October 14, 1994);

interim approval effective on June 2,

1995; interim approval expires June 3,

1997.

* * * * *

[FR Doc. 95–10825 Filed 5–2–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 80

[AMS–FRL–5201–4]

Regulation of Fuels and Fuel

Additives: Standards for Reformulated

and Conventional Gasoline Withdrawal

of Reformulated Gasoline Program

Extension in Wisconsin

AGENCY: Environmental Protection

Agency.

ACTION: Withdrawal of final rule.

SUMMARY: The Clean Air Act, as

amended, directs the Administrator of

EPA to apply the prohibition against the

sale of conventional gasoline under

EPA’s reformulated gasoline (RFG)

regulations in an ozone nonattainment

area upon the application of the

governor of the state in which the

nonattainment area is located. On

December 29, 1994, EPA issued a direct

final rule (DFRM) extending the

prohibition set forth in section 211(k)(5)

of the Act to three moderate ozone nonattainment areas in Wisconsin,

including those counties in the federal

RFG program. EPA is withdrawing the

direct final rule, because the governor

has withdrawn the three counties from

the federal RFG program.

EFFECTIVE DATE: This action is effective

April 25, 1995.

ADDRESSES: Materials directly relevant

to the direct final rule are contained in

Public Docket No. A–94–46, located at

Room M–1500, Waterside Mall (ground

floor), U.S. Environmental Protection

Agency, 401 M Street SW, Washington,

D.C. 20460. Other materials relevant to

the reformulated gasoline final rule are

contained in Public Dockets A–91–02

and A–92–12. The docket may be

inspected from 8:00 a.m. until 4:00 p.m.

Monday through Friday. As provided in

40 CFR part 2, a reasonable fee may be

charged by EPA for copying docket

materials.

FOR FURTHER INFORMATION CONTACT:

Joann Jackson Stephens, U.S. EPA

(RDSD–12), Regulation Development

and Support Division, 2565 Plymouth

Road, Ann Arbor, MI 48105. Telephone:

(313) 668–4507. To Request Copies of

This Notice Contact: Delores Frank, U.S.

EPA (RDSD–12), Regulation

Development and Support Division,

2565 Plymouth Road, Ann Arbor, MI

48105. Telephone: (313) 668–4295.

SUPPLEMENTARY INFORMATION: A copy of

this action is available on the EPA’s

Office of Air Quality Planning and

Standards (OAQPS) Technology

Transfer Network Bulletin Board System

(TTNBBS). The service is free of charge,

except for the cost of the phone call.

The TTNBBS can be accessed with a

dial-in phone line and a high-speed

modem per the following information:

TTN BBS: 919–541–5742

(1200–14400 bps, no parity, 8 data bits,

1 stop bit)

Voice Help-line: 919–541–5384

Accessible via Internet:

TELNETttnbbs.rtpnc.epa.gov

Off-line: Mondays from 8:00 AM to

12:00 Noon ET

When first signing on, the user will be

required to answer some basic

informational questions for registration

purposes. After completing the

registration process, proceed through

the following series of menus:

<T> GATEWAY TO TTN TECHNICAL

AREAS (Bulletin Boards)

<M> OMS

<K> Rulemaking and Reporting

<3> Fuels

<9> Reformulated gasoline

A list of ZIP files will be shown, all of

which are related to the RFG rulemaking

process. To download any file, type the

instructions below and transfer

according to the appropriate software on

your computer:

<D>ownload, <P>rotocol, <E>xamine,

<N>ew, <L>ist, or <H>elp Selection or

<CR> to exit: D filename.zip

You will be given a list of transfer

protocols from which you must choose

one that matches with the terminal

software on your own computer. The

software should then be opened and

directed to receive the file using the

same protocol. Programs and

instructions for de-archiving

compressed files can be found via

<S>ystems Utilities from the top menu,

under <A>rchivers/de-archivers. After

getting the files you want onto your

computer, you can quit the TTN BBS

with the <G>oodbye command. Please

note that due to differences between the

software used to develop the document

and the software into which the

document may be downloaded, changes

in format, page length, etc. may occur.

I. Background

As part of the Clean Air Act

Amendments of 1990, Congress added a

new subsection (k) to section 211 of the

Clean Air Act. Subsection (k) prohibits

the sale of gasoline that EPA has not

certified as reformulated in the nine

worst ozone nonattainment areas

beginning January 1, 1995. EPA

published final regulations for the RFG

program on February 16, 1994 and on

August 2, 1994. See 59 FR 7716 and 59

FR 39258. Corrections and clarifications

to the final RFG regulations were

published July 20, 1994. See 59 FR

36944.

EPA has determined the nine covered

areas to be the metropolitan areas

including Los Angeles, Houston, New

York City, Baltimore, Chicago, San

Diego, Philadelphia, Hartford and

Milwaukee. Any other ozone

nonattainment area classified under

subpart 2 of Part D of Title I of the Act

as a Marginal, Moderate, Serious or

Severe may be included in the program

at the request of the Governor of the

state in which the area is located.

Section 211(k)(6)(A) provides that upon

the application of a Governor, EPA shall

apply the prohibition against the sale of

conventional gasoline (gasoline EPA has

not certified as reformulated) in any

area classified as an ozone

nonattainment area classified as an

ozone nonattainment area 1 and EPA is

to publish a governor’s application in

the Federal Register. To date, EPA has

received and published applications

from the Mayor of the District of

Columbia and the Governors of the

following states with ozone

nonattainment areas: Connecticut,

Delaware, Maine, Maryland,

Massachusetts, New Hampshire, New

Jersey, New York, Pennsylvania, Rhode

Island, Virginia, Texas, and Kentucky.

Since submitting opt-in applications,

some states (Pennsylvania, Maine, and

New York) have recently requested to

opt-out of the RFG program for various

reasons.
Federal Register / Vol. 60, No. 85 / Wednesday, May 3, 1995 / Rules and Regulations 21725

Governor Tommy G. Thompson of

Wisconsin submitted two letters dated

April 6, 1994 and August 2, 1994

requesting to opt-in the reformulated

gasoline program. The DFRM published

by EPA on January 11, 1995 (60 FR

2693) extended the reformulated

gasoline program to three moderate

ozone nonattainment areas in

Wisconsin: Sheboygan, Manitowoc, and

Kewaunee counties to be effective May

1, 1995 at the terminal and June 1, 1995

at the retail level. The Agency published

a Direct Final Rule because it viewed

the addition of the three ozone

nonattainment areas in Wisconsin to the

RFG program and the May 1/June 1

effective dates as non-controversial

given the level of coordination between

EPA, Wisconsin, and industry on the

opt-in request and thus, anticipated no

adverse or critical comments.

II. Withdrawal of the Wisconsin Opt-in

DFRM

After publication of the DFRM in the

Federal Register, Governor Tommy G.

Thompson of Wisconsin submitted a

letter dated March 31, 1995 requesting

the termination of the federal

reformulated gasoline program slated for

extension to Wisconsin’s three moderate

ozone nonattainment counties of

Sheboygan, Manitowoc, and Kewaunee.

After publication of the DFRM in the

Federal Register, the Agency also

received adverse comments expressing

concern about the economic impact of

the reformulated gasoline program on

Kewaunee County citizens and small

businesses, as well as border/supply

issues. A copy of these comments can be

found in Public Docket A–94–46.

Since receiving the Governor’s letter

and adverse comments which were

submitted to EPA, as was stipulated in

the DFRM, the final rule adding the

three Wisconsin nonattainment areas to

the RFG program is being withdrawn by

today’s action and is effective

immediately. Today’s withdrawal

affects the amendment of § 80.70,

paragraphs (l) and (l)(1) appearing at 60

FR 2693 (January 11, 1995), which were

to become effective March 13, 1995.

EPA is withdrawing this provision to

the reformulated and conventional

gasoline regulations without providing

prior notice and an opportunity to

comment because it finds there is good

cause within the meaning of 5 U.S.C.

553(b) to do so. For the same reasons,

EPA finds it has good cause under 5

U.S.C. 533(d) to make this withdrawal

immediately effective.

III. Statutory Authority

The statutory authority for the action

finalized today is granted to EPA by

Sections 114, 211(c) and (k) and 301 of

the Clean Air Act, as amended; 42

U.S.C. 7414, 7545(c) and (k), and 7601.

IV. Administrative Requirements

A. Administrative Designation

Under Executive Order 12866 (58 FR

51735, October 4, 1993), the Agency

must determine whether the regulatory

action is ‘‘significant’’ and therefore

subject to OMB review 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.

It has been determined that this

withdrawal is not a ‘‘significant

regulatory action’’ under the terms of

Executive Order 12866 and is therefore

not subject to OMB review.

B. Impact on Small Entities

The Regulatory Flexibility Act of 1980

requires Federal agencies to identify

potentially adverse impacts of federal

regulations upon small entities.

Pursuant to section 605(b) of the

Regulatory Flexibility Act, 5 U.S.C.

605(B) et seq., the Administrator

certifies that this regulation will not

have a significant impact on a

substantial number of small entities.

C. Paperwork Reduction Act

The Paperwork Reduction Act of

1980, 44 U.S.C. 3501 et seq., and

implementing regulations, 5 CFR Part

1320, do not apply to this action as it

does not involve the collection of

information as defined therein.

D. Unfunded Mandates Act

Section 202 of the Unfunded

Mandates Reform Act of 1995

(‘‘Unfunded Mandates Act’’), signed

into law on March 22, 1995, EPA must

prepare a budgetary impact statement to

accompany any proposed or final rule

that includes a Federal mandate that

may result in expenditure by State,

local, and tribal governments, in the

aggregate; or by the private sector, of

$100 million or more. Under Section

205, EPA must select the most costeffective and least burdensome

alternative that achieves the objectives

of the rule and is consistent with

statutory requirements. Section 203

requires EPA to establish a plan for

informing and advising any small

governments that may be significantly

or uniquely impacted by the rule.

EPA has determined that the action

promulgated today does not include a

Federal mandate that may result in

estimated costs of $100 million or more

to either State, local or tribal

governments in the aggregate, or to the

private sector. This action has the net

effect of reducing burden of the

reformulated gasoline program on

regulated entities. Therefore, the

requirements of the Unfunded Mandates

Act do not apply to this action.

List of Subjects in 40 CFR Part 80

Environmental protection, Air

pollution control, Fuel additives,

Gasoline, Motor vehicle pollution.

Dated: April 25, 1995.

Carol M. Browner,

Administrator.

40 CFR part 80 is amended as follows:

PART 80—REGULATION OF FUELS

AND FUEL ADDITIVES

1. The authority citation for part 80

continues to read as follows:

Authority: Sections 114, 211 and 301(a) of

the Clean Air Act as amended, (42 U.S.C.

7414, 7545 and 7601(a)).

§ 80.70 [Amended]

2. In § 80.70 paragraph (l) is removed.

[FR Doc. 95–10882 Filed 5–2–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 180

[PP 3F4273/R2132; FRL–4953–2]

RIN 2070–AB78

Plant Pesticide Bacillus Thuringiensis

CryIIIA Delta-Endotoxin and the

Genetic Material Necessary for Its

Production; Tolerance Exemption

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is establishing an

exemption from the requirement of a

tolerance for residues of the plant

pesticide active ingredient Bacillus

thuringiensis CryIIIA delta-endotoxin

and the genetic material necessary for