27026 Federal Register / Vol. 66, No. 95 / Wednesday, May 16, 2001 / Rules and Regulations

substantial number of small entities.

The term ‘‘small entities’’ comprises

small businesses, not-for-profit

organizations that are independently

owned and operated and are not

dominant in their fields, and

governmental jurisdictions with

populations of less than 50,000.

The Coast Guard certifies under 5

U.S.C. 605(b) that this rule would not

have a significant economic impact on

a substantial number of small entities.

Assistance for Small Entities

Under the 213(a) of the Small

Business Regulatory Enforcement

Fairness Act of 1996 (Pub. L. 104–121,

we want to assist small entities in

understanding the rule so that they can

better evaluate its effects on them and

participate in the rulemaking process.

Collection of Information

This rule would call for no new

collection of information under the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501–3520.).

Federalism

We have analyzed this rule under

Executive Order 13132 and have

determined that this rule would not

have implications for federalism under

that Order. No comments were received

with regards to federalism during NPRM

comment period.

Unfunded Mandates Reform Act

The Unfunded Mandates Reform Act

of 1995 (2 U.S.C. 1531–1538) governs

the issuance of Federal regulations that

require unfunded mandates. An

unfunded mandate is a regulation that

requires a State, local, or tribal

government or the private sector to

incur direct costs without the Federal

Government’s having first provided the

funds to pay those costs. This rule

would not impose an unfunded

mandate. No comments were received

with regards to unfunded mandates

during NPRM comment period.

Taking of Private Property

This rule would not effect a taking of

private property or otherwise have

taking implications under E.O. 12630,

Governmental Actions and Interference

with Constitutionally Protected Property

Rights. No comments were received

with regards to the taking of private

property during NPRM comment period.

Civil Justice Reform

This rule meets applicable standards

in sections 3(a) and 3(b)(2) of E.O.

12988, Civil Justice Reform, to minimize

litigation, eliminate ambiguity, and

reduce burden. No comments were

received with regards to the taking of

private property during NPRM comment

period.

Protection of Children

We have analyzed this rule under E.O.

13045, Protection of Children from

Environmental Health Risks and Safety

Risks. This rule is not an economically

significant rule and does not concern an

environmental risk to health or risk to

safety that may disproportionately affect

children.

Indian Tribal Governments

This rule does not have tribal

implications under Executive Order

13175, Consultation and Coordination

with Indian Tribal Governments,

because it does not have a substantial

direct effect on one or more Indian

tribes, on the relationship between the

Federal Government and Indian tribes,

or on the distribution of power and

responsibilities between the Federal

Government and Indian tribes.

Environment

We considered the environmental

impact of this rule and concluded that,

under figure 2–1, paragraph (32)(e), of

Commandant Instruction M16475.lC,

this rule is categorically excluded from

further environmental documentation.

Bridge Administration Program actions

that can be categorically excluded

include promulgation of operating

regulations or procedures for

drawbridges. A ‘‘Categorical Exclusion

Determination’’ is available in the

docket 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 proposes to

amend Part 117 of Title 33, Code of

Federal Regulations, 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. In § 117.458, paragraphs (a) and (b)

are redesignated paragraphs (b) and (c)

and a new paragraph (a) is added to read

as follows:

§ 117.458 Inner Harbor Navigation Canal,

New Orleans.

(a) The draws of the SR 46 (St. Claude

Avenue) bridge, mile 0.5 (GIWW mile

6.2 East of Harvey Lock), the SR 39

(Judge Seeber/Claiborne Avenue) bridge,

mile 0.9 (GIWW mile 6.7 East of Harvey

Lock), and the Florida Avenue bridge,

mile 1.7 (GIWW mile 7.5 East of Harvey

Lock), shall open on signal; except that,

from 6:45 a.m. to 8:30 a.m. and from

4:45 p.m. to 6:45 p.m., Monday through

Friday, except federal holidays, the

draws need not open for the passage of

vessels. The draws shall open at any

time for a vessel in distress.

* * * * *

Dated: May 2, 2001.

Paul J. Pluta,

Rear Admiral, U.S. Coast Guard, Commander,

Eighth Coast Guard District

[FR Doc. 01–12238 Filed 5–15–01; 8:45 am]

BILLING CODE 4910–15–U

NATIONAL ARCHIVES AND RECORDS

ADMINISTRATION

36 CFR Parts 1220, 1228, 1232, 1234,

and 1236

RIN 3095–AB02

Records Disposition; Technical

Amendments

AGENCY: National Archives and Records

Administration (NARA).

ACTION: Final rule.

SUMMARY: NARA is correcting and

updating internal references and form

names covered in the records

management regulations. This final rule

will affect Federal agencies.

EFFECTIVE DATE: June 15, 2001.

FOR FURTHER INFORMATION CONTACT:

Nancy Allard or Lynn Dubose at

telephone number 301–713–7360 or fax

number 301–713–7270.

SUPPLEMENTARY INFORMATION: Several

amendments were made to Part 1228 in

1999, however, some internal references

to Part 1228 in other Parts in Subchapter

B and forms were not updated at that

time. This final rule contains technical

amendments such as designations for

NARA organizational components,

addresses, form titles, and crossreferences.

This final rule is not a significant

regulatory action for the purposes of

Executive Order 12866 and has not been

reviewed by the Office of Management

and Budget. As required by the

Regulatory Flexibility Act, I certify that

this final rule will not have a significant

impact on a substantial number of small

entities because it applies only to

Federal agencies. This final rule has no

federalism or tribalism implications.

Federal Register / Vol. 66, No. 95 / Wednesday, May 16, 2001 / Rules and Regulations 27027

List of Subjects

36 CFR Parts 1220

Archives and records.

36 CFR Part 1228

Archives and records, Federal

buildings and facilities, Incorporation

by reference.

36 CFR Part 1232

Archives and records.

36 CFR Part 1234

Archives and records, Computer

technology.

36 CFR Part 1236

Archives and records, Civil defense.

For the reasons set forth in the

preamble, NARA amends Parts 1220,

1228, 1232, 1234 and 1236 of 36 CFR

Chapter XII, as follows:

PART 1220—FEDERAL RECORDS;

GENERAL

1. The authority citation for part 1220

continues to read as follows:

Authority: 44 U.S.C. 2104(a) and chs. 29

and 33.

2. In § 1220.14, revise the definition of

National Archives of the United States

to read as follows:

§ 1220.14 General definitions.

* * * * *

National Archives of the United

States means those records that have

been determined by the Archivist of the

United States to have sufficient

historical or other value to warrant their

continued preservation by the Federal

Government and that have been

transferred to the legal custody of the

Archivist of the United States on a

Standard Form 258 (Agreement to

Transfer Records to the National

Archives of the United States).

* * * * *

§ 1220.52 [Amended]

3. In paragraph (c) of § 1220.52

remove the term ‘‘41 CFR subpart 201–

45.6’’ and add in its place the term

‘‘GSA regulations in Title 41 of the

CFR’’.

PART 1228—DISPOSITION OF

FEDERAL RECORDS

4. The authority citation for part 1228

continues to read as follows:

Authority: 44 U.S.C. chs. 21, 29, and 33.

5. In part 1228 remove the phrase

‘‘NSN 7610–01–055–8704’’ wherever it

occurs and add in its place ‘‘(http://

www.nara.gov/records/pubs/)’’.

§ 1228.28 [Amended]

6. In § 1228.28, correct paragraph

(b)(8)(i) by revising the reference to

‘‘§ 1228.188’’ to read ‘‘§ 1228.270’’

§ 1228.44 [Amended]

7. In the list of schedules in § 1228.44,

revise entries 19 and 22 to read: ‘‘19.

RESERVED.’’ and ‘‘22. Inspector General

Records (WITHDRAWN).’’, respectively.

§ 1228.92 [Amended]

8. In paragraph (e) of § 1228.92

remove the term ‘‘41 CFR part 201–45’’

and add in its place the term ‘‘GSA

regulations in Title 41 of the CFR’’.

§ 1228.104 [Amended]

9. In paragraph (b) of § 1228.104

remove the term ‘‘41 CFR part 201–45’’

and add in its place the term ‘‘GSA

regulations in Title 41 of the CFR’’.

§ 1228.106 [Amended]

10. In § 1228.106 revise the reference

to ‘‘36 CFR 1222.20(d)’’ to read ‘‘36 CFR

1222.36’’.

11. Amend § 1228.160 by revising

paragraph (f) to read as follows:

§ 1228.160 How does an agency transfer

records to a NARA records center?

* * * * *

(f) For further guidance on transfer of

records to a NARA records center,

consult the NARA Records Center

Program web site (http://www.nara.gov),

or current NARA publications and

bulletins by contacting the Office of

Regional Records Services (NR),

individual NARA regional facilities, or

the Washington National Records Center

(NWMW).

§ 1228.266 [Amended]

12. In § 1228.266(e)(1) remove the

phrase ‘‘Nontextual Archives Division

or its appropriate audiovisual branch,’’

and add in its place the phrase

‘‘appropriate Special Media Archives

Services Division unit,’’.

13. Amend § 1228.270 by revising

paragraph (c)(2)(i) to read as follows:

§ 1228.270 Electronic records.

* * * * *

(c) * * *

(2) * * *

(i) CD–ROMs used for this purpose

must conform to ANSI/NISO/ISO 9660–

1990, American National Standard for

Volume and File Structure of CD–ROM

for Information Exchange. The standard

is available from the National

Information Standards Organization

(NISO), Press Fulfillment, P.O. Box 451,

Annapolis Junction, MD 20701, or the

American National Standards Institute,

11 West 42nd Street, 13th floor, New

York NY 10036. It is also available for

inspection at the Office of the Federal

Register, 800 North Capitol Street, NW,

Suite 700, Washington, DC. This

incorporation by reference was

approved by the Director of the Federal

Register in accordance with 5 U.S.C.

552(a) and 1 CFR part 51. These

materials are incorporated by reference

as they exist on the date of approval and

a notice of any change in these materials

will be published in the Federal

Register.

* * * * *

14. Amend § 1228.272 by revising

paragraph (b)(2) to read as follows:

§ 1228.272 Transfer of records to the

National Archives of the United States

* * * * *

(b) * * *

(2) Future transfers of series in agency

space. Sixty days before the scheduled

date of transfer to the National Archives

of the United States, the transferring

agency must submit an SF 258 to the

Office of Records Services—

Washington, DC (NWMD), 8601 Adelphi

Road, College Park, MD 20740–6001, or

to the appropriate Regional Records

Services facility if so provided on the SF

115. NARA will determine whether

specified restrictions are acceptable and

whether adequate space and equipment

are available.

* * * * *

15. Revise § 1228.282 to read as

follows:

§ 1228.282 Disposal clearances.

No records of a Federal agency still in

existence will be disposed of by NARA

except with the written concurrence of

the agency concerned or as authorized

on Standard Form 258, Agreement to

Transfer Records to the National

Archives of the United States.

PART 1232—AUDIOVISUAL RECORDS

MANAGEMENT

16. The authority citation for part

1232 continues to read as follows:

Authority: 44 U.S.C. 2904 and 3101, and

OMB Circular A–130.

§ 1232.20 [Amended]

17. In paragraphs (a) and (e) of

§ 1232.20 revise the reference to

‘‘§ 1228.184’’ to read ‘‘§ 1228.266’’.

§ 1232.32 [Amended]

18. In § 1232.32 revise the reference to

‘‘§ 1228.184’’ to read § 1228.266’’.

27028 Federal Register / Vol. 66, No. 95 / Wednesday, May 16, 2001 / Rules and Regulations

PART 1234—ELECTRONIC RECORDS

MANAGEMENT

19. The authority citation for part

1234 continues to read as follows:

Authority: 44 U.S.C. 2904, 3101, 3102, and

3105.

20. In part 1234, whenever it occurs,

revise the reference to ‘‘§ 1228.188’’ to

read ‘‘§ 1228.270’’.

§ 1234.10 [Amended]

21. In paragraph (a) of § 1234.10

remove the phrase Aand the General

Services Administration Regulations

Branch (KMPR), Washington, DC

20405,’’ and add in its place ‘‘and the

General Services Administration, Office

of Government Policy (MKB),

Washington, DC 20405,’’.

PART 1236—MANAGEMENT OF VITAL

RECORDS

22. The authority citation for part

1236 continues to read as follows:

Authority: 44 U.S.C. 2104(a), 2904(a),

3101, E.O. 12958, 53 FR 47491, 3 CFR 1988

Comp., p. 585.

23. Amend § 1236.26 by revising

paragraphs (a) and (c)(2) to read as

follows:

§ 1236.26 Protection of vital records.

* * * * *

(a) Duplication. Computer backup

tapes created in the normal course of

system maintenance or other electronic

copies that may be routinely created in

the normal course of business may be

used as the vital record copy. For hard

copy records, agencies may choose to

make microform copies. Standards for

the creation, preservation and use of

microforms are found in 36 CFR part

1230, Micrographic Records

Management. The Clinger-Cohen Act

(40 U.S.C. 1401, Pub. L. 104–106, et

seq., as amended by Pub. L. 104–208),

OMB Circular A–130, and 36 CFR part

1234, Electronic Records Management,

and 41 CFR part 201, subchapter B,

Management and Use of Information

and Records, specify protective

measures and standards for electronic

records.

* * * * *

(c) * * *

(2) The off-site copy of legal and

financial rights vital records may be

stored at an off-site agency location or,

in accordance with § 1228.162 of this

chapter, at an FRC.

* * * * *

Dated: May 2, 2001.

John W. Carlin,

Archivist of the United States.

[FR Doc. 01–12265 Filed 5–15–01; 8:45 am]

BILLING CODE 7515–01–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[MO 122–1122; FRL–6980–8]

Approval and Promulgation of

Implementation Plans; State of

Missouri

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is approving a rule

revision submitted by the state of

Missouri to clarify that any credible

evidence (referenced as the ‘‘CE

revisions’’ or ‘‘CE’’ throughout this

document) may be used to establish

compliance or noncompliance with

applicable requirements of the Missouri

air pollution control regulations under

the authority of applicable provisions in

section 110(a) of the Clean Air Act (the

‘‘Act’’) (CAA). EPA proposed approval

of the Missouri rule on February 6,

1996. The proposal was accompanied by

a direct final rule approving the

Missouri submission. In that rule, EPA

stated that the rule would become final

if no adverse comments were received,

but that if EPA received adverse

comments, it would withdraw the final

rule, treat the action as a proposed

rulemaking, and respond to the

comments prior to taking a final action.

Because it received adverse comments,

EPA withdrew the final action. We are

now taking final action to approve the

rule. Public comments are addressed in

this action and in a Response to

Comments document.

DATES: This rule is effective on June 15,

2001.

ADDRESSES: Comments may be mailed to

Wayne Kaiser, Environmental

Protection Agency, Air Planning and

Development Branch, 901 North 5th

Street, Kansas City, Kansas 66101.

Copies of documents relative to this

action are available for public

inspection during normal business

hours at the Environmental Protection

Agency, Air Planning and Development

Branch, 901 North 5th Street, Kansas

City, Kansas 66101. The interested

persons wanting to examine these

documents should make an

appointment with the office at least 24

hours in advance.

FOR FURTHER INFORMATION CONTACT:

Wayne Kaiser at (913) 551–7603.

I. SUPPLEMENTARY INFORMATION:

A. Introduction

Throughout this document whenever

‘‘we, us, or our’’ is used, we mean EPA.

This section provides additional

information by addressing the following

questions:

What is a State Implementation Plan (SIP)?

What is the Federal approval process for a

SIP?

What does Federal approval of a state

regulation mean to me?

What is being addressed in this document?

What comments were received by EPA and

what are EPA’s responses to the

comments?

Have the requirements for approval of a SIP

revision been met?

What action is EPA taking?

What Is a State Implementation Plan

(SIP)?

Section 110 of the CAA requires states

to develop air pollution regulations and

control strategies to ensure that state air

quality meets the national ambient air

quality standards established by EPA.

These ambient standards are established

under section 109 of the CAA, and they

currently address six criteria pollutants.

These pollutants are: carbon monoxide,

nitrogen dioxide, ozone, lead,

particulate matter, and sulfur dioxide.

Each state must submit these

regulations and control strategies to us

for approval and incorporation into the

Federally enforceable SIP.

Each Federally approved SIP protects

air quality primarily by addressing air

pollution at its point of origin. These

SIPs can be extensive, containing state

regulations or other enforceable

documents and supporting information

such as emission inventories,

monitoring networks, and modeling

demonstrations.

What Is the Federal Approval Process

for a SIP?

In order for state regulations to be

incorporated into the Federally

enforceable SIP, states must formally

adopt the regulations and control

strategies consistent with state and

Federal requirements. This process

generally includes a public notice,

public hearing, public comment period,

and a formal adoption by a stateauthorized rulemaking body.

Once a state rule, regulation, or

control strategy is adopted, the state

submits it to EPA for inclusion into the

SIP. We must provide public notice and

seek additional public comment