22922 Federal Register / Vol. 66, No. 88 / Monday, May 7, 2001 / Rules and Regulations

SUPPLEMENTARY INFORMATION: In a notice

published in the Federal Register of

September 11, 2000 (65 FR 54855), FDA

announced that a food additive petition

(FAP 0A4722) had been filed by Alcide

Corp., 8561 154th Ave., NE., Redmond,

WA 98052. The petition proposed to

amend the food additive regulations in

§ 173.325 Acidified sodium chlorite

solution (21 CFR 173.325) to provide for

the safe use of acidified sodium chlorite

solutions as a component of a post-chill

carcass spray or dip when applied to

poultry meat, organs, or related parts or

trim.

FDA has evaluated data in the

petition and other relevant material.

Based on this information, the agency

concludes that the proposed use of the

additive is safe, that the additive will

achieve its intended technical effect,

and, therefore, that the regulation in

§ 173.325 should be amended as set

forth below.

In accordance with § 171.1(h) (21 CFR

171.1(h)), the petition and the

documents that FDA considered and

relied upon in reaching its decision to

approve the petition are available for

inspection at the Center for Food Safety

and Applied Nutrition by appointment

with the information contact person

listed above. As provided in § 171.1(h),

the agency will delete from the

documents any materials that are not

available for public disclosure before

making the documents available for

inspection.

In the notice of filing, FDA gave

interested parties an opportunity to

submit comments on the petitioner’s

environmental assessment. FDA

received no comments in response to

that notice.

The agency has carefully considered

the potential environmental effects of

this action. FDA has concluded that the

action will not have a significant impact

on the human environment, and that an

environmental impact statement is not

required. The agency’s finding of no

significant impact and the evidence

supporting that finding, contained in an

environmental assessment, may be seen

in the Dockets Management Branch

(address above) between 9 a.m. and 4

p.m., Monday through Friday.

This final rule contains no collection

of information. Therefore, clearance by

the Office of Management and Budget

under the Paperwork Reduction Act of

1995 is not required.

Any person who will be adversely

affected by this regulation may at any

time file with the Dockets Management

Branch (address above) written

objections by June 6, 2001. Each

objection shall be separately numbered,

and each numbered objection shall

specify with particularity the provisions

of the regulation to which objection is

made and the grounds for the objection.

Each numbered objection on which a

hearing is requested shall specifically so

state. Failure to request a hearing for

any particular objection shall constitute

a waiver of the right to a hearing on that

objection. Each numbered objection for

which a hearing is requested shall

include a detailed description and

analysis of the specific factual

information intended to be presented in

support of the objection in the event

that a hearing is held. Failure to include

such a description and analysis for any

particular objection shall constitute a

waiver of the right to a hearing on the

objection. Three copies of all documents

are to be submitted and are to be

identified with the docket number

found in brackets in the heading of this

document. Any objections received in

response to the regulation may be seen

in the Dockets Management Branch

between 9 a.m. and 4 p.m., Monday

through Friday.

List of Subjects in 21 CFR Part 173

Food additives.

Therefore, under the Federal Food,

Drug, and Cosmetic Act and under

authority delegated to the Commissioner

of Food and Drugs and redelegated to

the Director, Center for Food Safety and

Applied Nutrition, 21 CFR part 173 is

amended as follows:

PART 173—SECONDARY DIRECT

FOOD ADDITIVES PERMITTED IN

FOOD FOR HUMAN CONSUMPTION

1. The authority citation for 21 CFR

part 173 continues to read as follows:

Authority: 21 U.S.C. 321, 342, 348.

2. Section 173.325 is amended by

removing ‘‘or’’ at the end of paragraph

(b)(1)(iii), removing the period at the

end of paragraph (b)(1)(iv) and adding ‘‘;

or’’ in its place, and adding paragraph

(b)(1)(v) to read as follows:

§ 173.325 Acidified sodium chlorite

solutions.

* * * * *

(b)(1)***

(v) As a component of a post-chill

carcass spray or dip solution when

applied to poultry meat, organs, or

related parts or trim.

* * * * *

Dated: April 27, 2001.

L. Robert Lake,

Director of Regulations and Policy, Center

for Food Safety and Applied Nutrition.

[FR Doc. 01–11330 Filed 5–4–01; 8:45 am]

BILLING CODE 4160–01–S

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[Region II Docket No. 45–216; FRL–6924–

3]

Approval and Promulgation of

Implementation Plans; New York;

Motor Vehicle Inspection and

Maintenance Program

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: The Environmental Protection

Agency is announcing the approval of a

State Implementation Plan revision

submitted by New York. This revision

consists of New York’s demonstration of

the effectiveness of the enhanced motor

vehicle inspection and maintenance (I/

M) program decentralized testing

network which satisfies the

requirements of section 348 of the

National Highway Systems Designation

Act (NHSDA). In addition, EPA is

approving New York’s test method,

NYTEST, and its effectiveness in

relation to the IM240 test method and

the regulations implementing the

program. The intended effect of this

action is to fully approve New York’s

enhanced I/M program, a requirement of

the Clean Air Act.

EFFECTIVE DATE: This rule will be

effective June 6, 2001.

ADDRESSES: Copies of the State

submittals are available at the following

addresses for inspection during normal

business hours: Environmental

Protection Agency, Region II Office, Air

Programs Branch, 290 Broadway, 25th

Floor, New York, New York 10007–

1866; New York State Department of

Environmental Conservation, Division

of Air Resources, 50 Wolf Road, Albany,

New York 12233; and Environmental

Protection Agency, Air and Radiation

Docket and Information Center, Air

Docket (6102), 401 M Street, SW.,

Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT:

Judy-Ann Mitchell, Air Programs

Branch, Environmental Protection

Agency, 290 Broadway, 25th Floor, New

York, New York 10278, (212) 637–4249.

SUPPLEMENTARY INFORMATION:

I. Background

On October 2, 2000 (65 FR 58698),

EPA published a notice of proposed

rulemaking for the State of New York.

The notice proposed approval of

revisions to the State Implementation

Plan (SIP) for New York’s enhanced

inspection and maintenance (I/M)

Federal Register / Vol. 66, No. 88 / Monday, May 7, 2001 / Rules and Regulations 22923

program. The formal SIP revision was

submitted on May 24, 1999 and

additional information was submitted

on October 7, 1999 and October 29,

1999. A description of New York’s

submittals and EPA’s rationale for our

proposed action were presented in the

proposal and will not be restated here.

II. Public Comments/Response to

Comments

One comment was submitted to the

docket during the comment period for

the notice of proposed rulemaking

published in the October 2, 2000

Federal Register. Copies of the original

comment letter are available at EPA’s

Region II Office at the address listed in

the ADDRESSES section of this document.

The commentor, an emissions

inspection and automotive repair station

owner, commented on problems he has

been experiencing with his NYTEST

equipment including the responsiveness

of the New York State Department of

Environmental Conservation (NYSDEC)

and the equipment manufacturer.

Through discussions with the NYSDEC,

EPA has learned that the State has been

working with the commentor to address

his concerns. These comments to the

docket do not address the approvability

of New York’s I/M program nor do they

address the emissions reduction

effectiveness of the NYTEST test type.

Therefore, these comments will not be

addressed in this document.

III. Conclusion

EPA is approving New York’s

enhanced I/M program SIP revision

pursuant to section 348 of the NHSDA

and the Clean Air Act. By so doing, EPA

is finding that New York has adequately

remedied the six de minimus

deficiencies previously identified and

has demonstrated that its decentralized

I/M program network is substantially as

effective as a centralized program

network in achieving emission

reductions according to the following:

• 88 percent as effective for HC

emission reductions.

• 84 percent as effective for CO

emission reductions.

• 86 percent as effective for NOX

emission reductions.

In addition, EPA is affording

emissions reduction credit to the

NYTEST as follows:

• 95 percent of IM240 credit for HC.

• 99 percent of IM240 credit for CO.

• 99 percent of IM240 credit for NOX.

EPA is approving the latest revisions

to the enhanced I/M program

regulations. Specifically, these are

found at 6NYCRR Part 200, General

Provisions, Section 200.9 and Part 217,

Motor Vehicle Emissions, Subparts 217–

1, 217–2, and 217–4, that became

effective on May 22, 1997. These are

also found at 15NYCRR Part 79, Motor

Vehicle Inspection, Sections 79.1–79.15,

79.17, 79.20, 79.21, 79.24–79.26, that

became effective on June 4, 1997.

This approval removes the interim

status of EPA’s interim approval

promulgated on October 24, 1997 (64 FR

32411).

Administrative Requirements

Under Executive Order 12866 (58 FR

51735, October 4, 1993), this final action

is not a ‘‘significant regulatory action’’

and therefore is not subject to review by

the Office of Management and Budget.

This final action merely approves State

law as meeting federal requirements and

imposes no additional requirements

beyond those imposed by State law.

Accordingly, the Administrator certifies

that this final rule will not have a

significant economic impact on a

substantial number of small entities

under the Regulatory Flexibility Act (5

U.S.C. 601 et seq.). Because this rule

approves pre-existing requirements

under State law and does not impose

any additional enforceable duty beyond

that required by State law, it does not

contain any unfunded mandate or

significantly or uniquely affect small

governments, as described in the

Unfunded Mandates Reform Act of 1995

(Public Law 104–4). For the same

reason, this final rule also does not

significantly or uniquely affect the

communities of tribal governments, as

specified by Executive Order 13084 (63

FR 27655, May 10, 1998). This final rule

will not 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, as

specified in Executive Order 13132 (64

FR 43255, August 10, 1999), because it

merely approves a State rule

implementing a federal standard, and

does not alter the relationship or the

distribution of power and

responsibilities established in the Clean

Air Act. This final rule also is not

subject to Executive Order 13045 (62 FR

19885, April 23, 1997), because it is not

economically significant.

In reviewing SIP submissions, EPA’s

role is to approve state choices,

provided that they meet the criteria of

the Clean Air Act. In this context, in the

absence of a prior existing requirement

for the State to use voluntary consensus

standards (VCS), EPA has no authority

to disapprove a SIP submission for

failure to use VCS. It would thus be

inconsistent with applicable law for

EPA, when it reviews a SIP submission,

to use VCS in place of a SIP submission

that otherwise satisfies the provisions of

the Clean Air Act. Thus, the

requirements of section 12(d) of the

National Technology Transfer and

Advancement Act of 1995 (15 U.S.C.

272 note) do not apply. As required by

section 3 of Executive Order 12988 (61

FR 4729, February 7, 1996), in issuing

this final rule, EPA has taken the

necessary steps to eliminate drafting

errors and ambiguity, minimize

potential litigation, and provide a clear

legal standard for affected conduct. EPA

has complied with Executive Order

12630 (53 FR 8859, March 15, 1988) by

examining the takings implications of

the rule in accordance with the

‘‘Attorney General’s Supplemental

Guidelines for the Evaluation of Risk

and Avoidance of Unanticipated

Takings’’ issued under the executive

order. This rule does not impose an

information collection burden under the

provisions of the Paperwork Reduction

Act of 1995 (44 U.S.C. 3501 et seq.).

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 the rule in

the Federal Register. This rule is not a

‘‘major’’ rule as defined by 5 U.S.C.

804(2). This rule will be effective June

6, 2001.

Under section 307(b)(1) of the Clean

Air Act, petitions for judicial review of

this action must be filed in the United

States Court of Appeals for the

appropriate circuit by July 6, 2001.

Filing a petition for reconsideration by

the Administrator of this final rule does

not affect the finality of this rule for the

purposes of judicial review nor does it

extend the time within which a petition

for judicial review may be filed, and

shall not postpone the effectiveness of

such rule or action. This action may not

be challenged later in proceedings to

enforce its requirements. (See section

307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide,

Hydrocarbons, Incorporation by

reference, Intergovernmental relations,

Ozone, Volatile organic compounds.

22924 Federal Register / Vol. 66, No. 88 / Monday, May 7, 2001 / Rules and Regulations

Dated: December 15, 2000.

William J. Muszynski,

Acting Regional Administrator, Region 2.

Part 52, chapter I, title 40 of the Code

of Federal Regulations is amended as

follows:

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

Subpart HH—New York

2. Section 52.1670 is amended by

adding new paragraph (c)(99) to read as

follows:

§ 52.1670 Identification of plan.

* * * * *

(c) * * *

* * * * *

(99) Revisions to the New York State

Implementation Plan (SIP) for the Motor

Vehicle Inspection and Maintenance

Program, submitted on March 6, 1996,

May 24, 1999, October 7, 1999, October

29, 1999, and May 22, 2000 by the New

York State Department of

Environmental Conservation.

(i) Incorporation by reference.

Revision to 6NYCRR Part 217, Motor

Vehicle Emissions, Subparts 217–1,

217–2, and 217–4, that became effective

on May 22, 1997 and revisions to

15NYCRR Part 79, Motor Vehicle

Inspection, Sections 79.1–79.15, 79.17,

79.20, 79.21, 79.24–79.26, that became

effective on June 4, 1997.

(ii) Additional material:

(A) March 6, 1996, submittal of

revisions to the enhanced motor vehicle

inspection and maintenance program.

(B) May 24, 1999, submittal of the

demonstration of the effectiveness of

New York’s decentralized inspection

and maintenance program network.

(C) October 7, 1999, supplemental

submittal of the demonstration of the

effectiveness of New York’s

decentralized inspection and

maintenance program network.

(D) October 29, 1999, letter clarifying

October 7, 1999, supplemental

submittal.

(E) May 22, 2000, Instrumentation/

Protocol Assessment Pilot Study

analysis of the NYTEST.

3. In § 52.1679, the table is amended

by:

a. Adding a new heading for ‘‘Title 6’’

to the beginning of the table;

b. Revising the entry for part 217;

c. Adding a new heading for ‘‘Title

15’’ and new entries for part 79 to the

end of the table.

The revisions and entries read as

follows:

§ 52.1679 EPA-approved New York State

regulations.

New York State regulation State effective date Latest EPA approval date Comments

Title 6:

*******

Part 217, Motor Vehicle Emissions:

Subpart 217–1, Motor Vehicle Enhanced Inspection

and Maintenance Program Requirements.

May 22, 1997 ..................... May 7, 2001, 66 FR 22924.

Subpart 217–2, Motor vehicle NY91 Inspection and

Maintenance Program Requirements.

May 22, 1997 ..................... May 7, 2001, 66 FR 22924.

Subpart 217–4, Inspection and Maintenance Program Audits.May 22, 1997 ..................... May 7, 2001, 66 FR 22924.

*******

Title 15:

Part 79, Motor Vehicle Inspection:

Sections 79.1–79.15, 79.17, 79.20, 79.21, and

79.24–79.26.

June 4, 1997 ...................... May 7, 2001, 66 FR 22924.

§ 52.1683 [Amended]

4. Section 52.1683 is amended by

removing and reserving paragraphs (b),

(c), (d), and (e).

[FR Doc. 01–10429 Filed 5–4–01; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[MD 064/109/111/113–3065a; FRL–6973–3]

Approval and Promulgation of Air

Quality Implementation Plans; State of

Maryland; Approval of Revisions to

Volatile Organic Compounds,

Regulations and Miscellaneous

Revisions

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final

action on revisions to the Maryland

State Implementation Plan (SIP)

submitted by the Maryland Department

of Environment (MDE). The revisions

replace the existing regulation and

adopt a new regulation for control of

volatile organic compounds (VOC) from

expandable polystyrene operations

(EPO), establish VOC reasonably

available control technology (RACT)

standards for facilities that recycle

bakery and confectionary waste, adopt

by reference the EPA definition of VOC

and include other miscellaneous

revisions. EPA is approving these

revisions to the State of Maryland’s SIP

in accordance with the requirements of

the Clean Air Act.

DATES: This rule is effective on July 6,

2001 without further notice, unless EPA

receives adverse written comment by

June 6, 2001. If EPA receives such

comments, it will publish a timely

withdrawal of the direct final rule in the

Federal Register and inform the public

that the rule will not take effect.

ADDRESSES: Written comments should

be mailed to David L. Arnold, Chief, Air

Quality Planning and Information

Services Branch, Mailcode 3AP21, U.S.

Environmental Protection Agency,

Region III, 1650 Arch Street,

Philadelphia, Pennsylvania 19103.

Copies of the documents relevant to this

action are available for public

inspection during normal business

hours at the Air Protection Division,

U.S. Environmental Protection Agency,

Region III, 1650 Arch Street,

Philadelphia, Pennsylvania 19103; the

Air and Radiation Docket and

Information Center, U.S. Environmental

Protection Agency, 401 M Street, SW,

Washington, DC 20460; and the

Maryland Department of the

Environment, 2500 Broening Highway,

Baltimore, Maryland, 21224.