28840 Federal Register / Vol. 66, No. 102 / Friday, May 25, 2001 / Rules and Regulations

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 63

[AD–FRL–6967–5]

RIN 2060–AD94

National Emission Standards for

Hazardous Air Pollutants From

Petroleum Refineries

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule; technical correction.

SUMMARY: Under the Clean Air Act

(CAA), the EPA issued a final rule

entitled, ‘‘National Emission Standards

for Hazardous Air Pollutants: Petroleum

Refineries’’ (Petroleum Refineries

NESHAP) published in the Federal

Register on August 18, 1995 (60 FR

43260). A subsequent direct final rule,

published on June 12, 1996 (61 FR

29876) corrected errors and clarified

regulatory text of the Petroleum

Refineries NESHAP. This action will

correct an error in the amendatory

instructions of the 1996 direct final rule

amendments. 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, the agency may issue a rule

without providing notice and an

opportunity for public comment. The

EPA has determined that there is good

cause for making this technical

correction without prior proposal and

opportunity for comment because the

changes to the rule are minor technical

corrections, are noncontroversial in

nature, and do not substantively change

the requirements of the Petroleum

Refineries NESHAP. Thus, notice and

public procedure are unnecessary. The

EPA finds that this constitutes good

cause under 5 U.S.C. 553(b)(B).

EFFECTIVE DATE: May 25, 2001.

ADDRESSES: Docket No. A–93–48

contains the supporting information

used in the development of this

rulemaking. The docket is located at the

U.S. EPA in room M–1500, Waterside

Mall (ground floor), 401 M Street SW.,

Washington, DC 20460, and may be

inspected from 8:30 a.m. to 5:30 p.m.,

Monday through Friday, excluding legal

holidays. A reasonable fee may be

charged for copying.

FOR FURTHER INFORMATION CONTACT: Mr.

James Durham, Waste and Chemical

Processes Group, Emission Standards

Division (MD–13), Office of Air Quality

Planning and Standards, U.S. EPA,

Research Triangle Park, North Carolina

27711, telephone number: (919) 541–

5672, facsimile number: (919) 541–0246,

electronic mail address:

durham.jim@epa.gov.

SUPPLEMENTARY INFORMATION: Regulated

Entities. The entities potentially affected

by this technical correction include:

Category SIC code NAIC Examples of regulated

entities

Industry ......................................................................... 2911 32411 Petroleum Refineries.

Federal Government ..................................................... Not Affected.

State/Local/Tribal Government ..................................... Not Affected.

This table is not intended to be

exhaustive, but rather provides a guide

for readers regarding entities likely to be

affected by this technical correction.

This table lists the types of entities that

we are now aware could potentially be

regulated by this technical correction.

Other types of entities not listed in the

table could also be regulated. To

determine whether your facility,

company, business, organization, etc., is

regulated by this technical correction,

you should carefully examine the

applicability criteria in the rule. If you

have questions regarding the

applicability of this technical correction

to a particular entity, consult the person

listed in the preceding FOR FURTHER

INFORMATION CONTACT section.

World Wide Web (WWW). In addition

to being available in the docket, an

electronic copy of today’s technical

correction will be available on the

WWW through the Technology Transfer

Network (TTN). Following signature, a

copy of this technical correction will be

posted on the TTN’s policy and

guidance page for newly proposed or

promulgated rules http://www.epa.gov/

ttn/oarpg. The TTN provides

information and technology exchange in

various areas of air pollution control. If

more information regarding the TTN is

needed, call the TTN HELP line at (919)

541–5384.

I. Background and Description of

Correction

On August 18, 1995, the EPA

promulgated the Petroleum Refineries

NESHAP (60 FR 43260). On June 12,

1996, the EPA published in the Federal

Register correcting amendments to the

promulgated rule (61 FR 29876). Due to

an error in the amendatory instructions

in the correcting amendments,

§ 63.640(b)(1) and (2) were inadvertently

removed from 40 CFR part 63, subpart

CC. This technical correction adds those

paragraphs back into the regulatory text.

II. Administrative Requirements

Under Executive Order 12866 (58 FR

51735, October 4, 1993), this technical

correction is not a ‘‘significant

regulatory action’’ and is therefore not

subject to review by the Office of

Management and Budget (OMB).

Because the EPA has made a ‘‘good

cause’’ finding that this technical

correction 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.), or to sections 202 and 205 of the

Unfunded Mandates Reform Act of 1995

(UMRA) (Public Law 104–4). In

addition, this technical correction does

not significantly or uniquely affect small

governments or impose a significant

intergovernmental mandate, as

described in sections 203 and 204 of the

UMRA. This technical correction also

does not significantly or uniquely affect

the communities of tribal governments,

as specified by Executive Order 13175

(65 FR 67249, November 6, 2000). This

technical correction does not have

substantial direct effects on the States,

or on the relationship between the

national government and the States, as

specified in Executive Order 13132 (64

FR 43255, August 10, 1999). This

technical correction also is not subject

to Executive Order 13045 (62 FR 19885,

April 23, 1997) because it is not

economically significant.

This technical correction action does

not involve technical standards; thus,

the requirements of section 12(d) of the

National Technology Transfer and

Advancement Act (NTTAA) of 1995 (15

U.S.C. 272) do not apply. This technical

correction also does not involve special

consideration of environmental justice

related issues as required by Executive

Order 12898 (59 FR 7629, February 16,

1994). In issuing this technical

correction, EPA has taken the necessary

Federal Register / Vol. 66, No. 102 / Friday, May 25, 2001 / Rules and Regulations 28841

steps to eliminate drafting errors and

ambiguity, minimize potential litigation,

and provide a clear legal standard for

affected conduct, as required by section

3 of Executive Order 12988 (61 FR 4729,

February 7, 1996). The EPA has

complied with Executive Order 12630

(53 FR 8859, March 15, 1988) by

examining the takings implications of

these rule amendments 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 technical

correction 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

EPA’s compliance with these statutes

and Executive Orders for the underlying

rule is discussed in the Petroleum

Refineries NESHAP.

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. Section 808 allows

the issuing agency to make a rule

effective sooner than otherwise

provided by the Congressional Review

Act if the agency makes a good cause

finding that notice and public procedure

is impracticable, unnecessary, or

contrary to the public interest. This

determination must be supported by a

brief statement (5 U.S.C. 808(2)). As

stated previously, the EPA has made

such a good cause finding, including the

reasons therefor, and established an

effective date of May 25, 2001. The 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 technical correction

in the Federal Register. This technical

correction is not a ‘‘major rule’’ as

defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 63

Environmental protection,

Administrative practice and procedure,

Air pollution control, Hazardous

substances, Intergovernmental relations,

Reporting and recordkeeping

requirements.

Dated: April 9, 2001.

Robert D. Brenner,

Acting Assistant Administrator for Air and

Radiation.

For the reasons stated in the

preamble, title 40, chapter I, part 63 of

the Code of Federal Regulations is

amended as follows:

PART 63—[AMENDED]

1. The authority citation for part 63

continues to read as follows:

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

Subpart CC—[Amended]

2. Section 63.640 is amended by

revising paragraph (b) to read as follows:

§ 63.640 Applicability and designation of

affected source.

* * * * *

(b) * * *

(1) If the predominant use of the

flexible operation unit, as described in

paragraphs (b)(1)(i) and (ii) of this

section, is as a petroleum refining

process unit, as defined in § 63.641,

then the flexible operation unit shall be

subject to the provisions of this subpart.

(i) Except as provided in paragraph

(b)(1)(ii) of this section, the

predominant use of the flexible

operation unit shall be the use

representing the greatest annual

operating time.

(ii) If the flexible operation unit is

used as a petroleum refining process

unit and for another purpose equally

based on operating time, then the

predominant use of the flexible

operation unit shall be the use that

produces the greatest annual production

on a mass basis.

(2) The determination of applicability

of this subpart to petroleum refining

process units that are designed and

operated as flexible operation units

shall be reported as specified in

§ 63.654(h)(6)(i).

* * * * *

[FR Doc. 01–13276 Filed 5–24–01; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 1 and 68

[WT Docket No. 99–217; CC Docket No. 96–

98; CC Docket No. 88–57; FCC 00–366]

Effective Date Established for

Amendments to the Commission’s

Rules on Over-the-Air Reception

Devices and the Definition of the

Telecommunications Network

Demarcation Point

AGENCY: Federal Communications

Commission, Wireless

Telecommunications Bureau.

ACTION: Final rule; announcement of

effective date.

SUMMARY: In this document, the Federal

Communications Commission (‘‘the

Commission’’) announces that

regulations adopted in the Competitive

Networks Order of October 12, 2000

(Competitive Networks Order),

amending the Commission’s rules

governing restrictions on placement of

over-the-air reception (‘‘OTARDs’’)

devices and the definitions of the

telecommunications network

demarcation point have been approved

by the Office of Management and

Budget (OMB).

DATES: The rule changes to § 1.4000

which published on January 11, 2001

(66 FR 2333) and §§ 68.3 and 68.105,

which published on January 24, 2001

(66 FR 7581) are effective May 25, 2001.

FOR FURTHER INFORMATION CONTACT:

Lauren Van Wazer at (202) 418–0030 or

Leon Jackler at (202) 418–0946 of the

Wireless Telecommunications Bureau.

SUPPLEMENTARY INFORMATION: On

October 12, 2000, the Commission

adopted the Competitive Networks

Order in 47 CFR Parts 1, 64 and 68, in

WT Docket No. 99–217; CC Docket No.

96–98; CC Docket No. 88–57; FCC 00–

366 (66 FR 2322) to foster competition

in local communications markets by

implementing measures to ensure that

competing telecommunications

providers are able to provide services to

consumers in multiple tenant

environments. The rule changes to 47

CFR 64.2500; 64.2501; and 64.2502,

which published on January 11, 2001

(66 FR 2322) went into effect on March

12, 2001.

2. However, some of the regulations

adopted in the Competitive Networks

Order included information collections

that required the approval of OMB

pursuant to Public Law 104–13 (1995).

The Competitive Networks Order

explained that effectiveness of the rules

requiring an information collection was