Federal Register / Vol. 66, No. 14 / Monday, January 22, 2001 / Rules and Regulations 6481

FOR FURTHER INFORMATION CONTACT: Sicy

Jacob, (202) 564–8019.

SUPPLEMENTARY INFORMATION: EPA is

amending the table of currently

approved information collection request

(ICR) control numbers issued by OMB

for various regulations. The amendment

updates the table to list those

information collection requirements

promulgated under the Accidental

Release Prevention Requirements; Risk

Management Programs Under the Clean

Air Act Section 112(r)(7); Distribution of

Off-Site Consequence Analysis

Information, which appeared in the

Federal Register on August 4, 2000 (65

FR 48107). The affected regulations are

codified at 40 CFR Part 1400. EPA will

continue to present OMB control

numbers in a consolidated table format

to be codified in 40 CFR Part 9 of the

Agency’s regulations. The table lists

CFR citations with reporting,

recordkeeping, or other information

collection requirements, and the current

OMB control numbers. This listing of

the OMB control numbers and their

subsequent codification in the CFR

satisfies the requirements of the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.) and OMB’s implementing

regulations at 5 CFR Part 1320.

This ICR was previously subject to

public notice and comment prior to

OMB approval. Due to the technical

nature of the table, EPA finds that

further notice and comment is

unnecessary. As a result, EPA finds that

there is ‘‘good cause’’ under section

553(b)(B) of the Administrative

Procedure Act, 5 U.S.C. 553(b)(B), to

amend this table without prior notice

and comment.

I. 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, contain any

unfunded mandate, or impose any

significant or unique impact on small

governments as described in the

Unfunded Mandates Reform Act of 1995

(Public Law 104–4). This rule also does

not require prior consultation with

State, local, and tribal government

officials as specified by Executive Order

12875 (58 FR 58093, October 28, 1993)

or Executive Order 13084 (63 FR 27655

(May 10, 1998), 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.). This rule also is not subject

to Executive Order 13045 (62 FR 19885,

April 23, 1997) because EPA interprets

Executive Order 13045 as applying only

to those regulatory actions that are

based on health or safety risks, such that

the analysis required under section 5–

501 of the Order has the potential to

influence the regulation. This rule is not

subject to Executive Order 13045

because it does not establish an

environmental standard intended to

mitigate health or safety risks.

Congressional Review Act

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 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, EPA has made such a

good cause finding, including the

reasons therefore, and established an

effective date of January 22, 2001. 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 action is not a ‘‘major

rule’’ as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 9

Environmental protection, Reporting

and recordkeeping requirements.

Dated: January 12, 2001.

Timothy Fields, Jr.,

Assistant Administrator, Office of Solid Waste

and Emergency Response.

For the reasons set out in the

preamble, 40 CFR part 9 is amended as

follows:

PART 9—[AMENDED]

1. The authority citation for part 9

continues to read as follows:

Authority: 7 U.S.C. 135 et seq., 136–136y;

15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671;

21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33

U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318,

1321, 1326, 1330, 1342, 1344, 1345 (d) and

(e), 1361; E.O. 11735, 38 FR 21243, 3 CFR,

1971–1975 Comp. p. 973; 42 U.S.C. 241,

242b, 243, 246, 300f, 300g, 300g–1, 300g–2,

300g–3, 300g–4, 300g–5, 300g–6, 300j–1,

300j–2, 300j–3, 300j–4, 300j–9, 1857 et seq.,

6901–6992k, 7401–7671q, 7542, 9601–9657,

11023, 11048.

2. In § 9.1 the table is amended by

adding a new heading for Distribution of

Off-Site Consequence Analysis

Information and entries in numerical

order to read as follows:

§ 9.1 OMB approvals under the Paperwork

Reduction Act.

* * * * *

40 CFR citation OMB control

No.

*****

Distribution of Off-Site Consequence Analysis

Information

1400.3 ................................... 2050–0172

1400.4 ................................... 2050–0172

1400.6 ................................... 2050–0172

1400.9 ................................... 2050–0172

* * * * *

[FR Doc. 01–1826 Filed 1–19–01; 8:45 am]

BILLING CODE 6560–50–P

GENERAL SERVICES

ADMINISTRATION

41 CFR Part 301–10

[FTR Amendment 95]

RIN 3090–AH36

Federal Travel Regulation; Privately

Owned Vehicle Mileage

Reimbursement

AGENCY: Office of Governmentwide

Policy, GSA.

ACTION: Final rule.

SUMMARY: This final rule increases the

mileage reimbursement rate for use of a

privately owned vehicle (POV) on

official travel to reflect current costs of

operation as determined in cost studies

conducted by the General Services

Administration (GSA). The governing

regulation is revised to increase the

mileage allowance for advantageous use

of a privately owned airplane from 88 to

96.5 cents per mile, the cost of operating

a privately owned automobile from 32.5

to 34.5 cents per mile, and the cost of

operating a privately owned motorcycle

from 26.0 to 27.5 cents per mile.

EFFECTIVE DATE: This final rule is

effective January 22, 2001.

6482 Federal Register / Vol. 66, No. 14 / Monday, January 22, 2001 / Rules and Regulations

FOR FURTHER INFORMATION CONTACT:

Devoanna R. Reels, Program Analyst,

telephone 202–501–3781.

SUPPLEMENTARY INFORMATION:

A. Background

Pursuant to 5 U.S.C. 5707(b), the

Administrator of General Services has

the responsibility to establish the

privately owned vehicle (POV) mileage

reimbursement rates. Separate rates are

set for airplanes, automobiles (including

trucks), and motorcycles. In order to set

these rates, GSA is required to conduct

periodic investigations, in consultation

with the Secretaries of Defense and

Transportation, and representatives of

Government employee organizations, of

the cost of travel and the operation of

POVs to employees while engaged on

official business. As required, GSA

conducted an investigation of the costs

of operating a POV and is reporting the

cost per mile determination. The results

of the investigation have been reported

to Congress and a copy of the report

appears as an attachment to this

document. GSA’s cost studies show the

Administrator of General Services has

determined the per-mile operating costs

of a POV to be 96.5 cents for airplanes,

34.5 cents for automobiles, and 27.5

cents for motorcycles. As provided in 5

U.S.C. 5704(a)(1), the automobile

reimbursement rate cannot exceed the

single standard mileage rate established

by the Internal Revenue Service (IRS).

The IRS has announced a new single

standard mileage rate for automobiles of

34.5 cents effective January 1, 2001.

Additionally, based on updated data

reflecting current costs to an agency of

operating a Government Furnished

Vehicle (GFV), GSA has increased the

rate for use of a POV instead of a GFV

from 23.5 cents to 28.5 cents per mile.

B. Regulatory Flexibility Act

This final rule is not required to be

published in the Federal Register for

notice and comment; therefore, the

Regulatory Flexibility Act does not

apply.

C. Executive Order 12866

GSA has determined that this final

rule is not a significant regulatory action

for the purposes of Executive Order

12866 of September 30, 1993.

D. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because this final rule does

not impose recordkeeping or

information collection requirements, or

the collection of information from

offerors, contractors, or members of the

public which require the approval of the

Office of Management and Budget under

44 U.S.C. 501 et seq.

E. Small Business Regulatory

Enforcement Fairness Act

This final rule is also exempt from

congressional review prescribed under 5

U.S.C. 801 since it relates solely to

agency management and personnel.

List of Subjects in 41 CFR Part 301–10

Government employees, Travel and

transportation expenses.

For the reasons set forth in the

preamble, 41 CFR part 301–10 is

amended to read as follows:

PART 301–10—TRANSPORTATION

EXPENSES

1. The authority citation for 41 CFR

part 301–10 continues to read as

follows:

Authority: 5 U.S.C. 5707; 40 U.S.C. 486(c);

49 U.S.C. 40118.

2. Section 301–10.303 is amended by

revising the entries Privately owned

airplane, Privately owned automobile,

and Privately owned motorcycle in the

table to read as follows:

§ 301–10.303 What am I reimbursed when

use of a POV is determined by my agency

to be advantageous to the Government?

For use of a Your reimbursement is

*******

Privately owned airplane ................................................. 1 96.5

Privately owned automobile ............................................. 1 34.5

Privately owned motorcycle ............................................. 1 27.5

1 Cents per mile.

§ 301–10.310 [Amended]

3. Section 301–10.310(a) is amended

by removing ‘‘23.5’’ and adding in its

place ‘‘28.5’’.

Dated: January 10, 2001.

Thurman M. Davis, Sr.,

Acting Administrator of General Services.

Attachment to Preamble—Report to

Congress on the Costs of Operating

Privately Owned Vehicles

Subparagraph (b)(1)(A) of section 5707 of

title 5, United States Code, requires the

Administrator of General Services, in

consultation with the Secretaries of Defense

and Transportation, and representatives of

Government employee organizations, to

periodically investigate the cost of travel and

the operation of privately owned vehicles

(airplanes, automobiles, and motorcycles) to

Government employees while on official

business, to report the results of the

investigations to Congress, and to publish the

report in the Federal Register. This report is

being published to comply with the

requirements of the law.

Dated: January 10, 2001.

Thurman M. Davis, Sr.,

Acting Administrator of General Services.

Report to Congress

Subparagraph (b)(1)(A) of section 5707 of

title 5, United States Code, requires that the

Administrator of General Services, in

consultation with the Secretaries of Defense

and Transportation, and representatives of

Government employee organizations,

conduct periodic investigations of the cost of

travel and the operation of privately owned

vehicles (POVs) (airplanes, automobiles, and

motorcycles) to Government employees

while on official business and report the

results to Congress at least once a year.

Subparagraph (b)(2)(B) of section 5707 of title

5, United States Code, further requires that

the Administrator of General Services

determine the average, actual cost per mile

for the use of each type of POV based on the

results of the cost investigation. Such figures

must be reported to Congress within 5

working days after the cost determination has

been made in accordance with 5 U.S.C.

5707(b)(2)(C).

Pursuant to the requirements of

subparagraph (b)(1)(A) of section 5707 of

Title 5, United States Code, the General

Services Administration (GSA), in

consultation with the Secretaries of Defense

and Transportation, and representatives of

Government employee organizations,

conducted an investigation of the cost of

operating a POV. As provided in 5 U.S.C.

5704(a)(1), the automobile reimbursement

rate cannot exceed the single standard

mileage rate established by the Internal

Revenue Service (IRS). The IRS has

announced a new single standard mileage

rate for automobiles of 34.5 cents effective

January 1, 2000.

As required, GSA is reporting the results of

the investigation and the cost per mile

determination. Based on cost studies

conducted by GSA, I have determined the

per-mile operating costs of a POV to be 96.5

cents for airplanes, 34.5 cents for

automobiles, and 27.5 cents for motorcycles.

I will issue a regulation to increase the

current 88 to 96.5 cents for privately owned

airplanes, 32.5 to 34.5 cents for privately

owned automobiles, and 26.0 to 27.5 cents

for privately owned motorcycles. This report

Federal Register / Vol. 66, No. 14 / Monday, January 22, 2001 / Rules and Regulations 6483

to Congress on the cost of operating POVs

will be published in the Federal Register.

[FR Doc. 01–1466 Filed 1–19–01; 8:45 am]

BILLING CODE 6820–34–U

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 1

[FCC 00–352]

Waivers, Reductions and Deferrals of

Regulatory Fees; Correction

AGENCY: Federal Communications

Commission.

ACTION: Final rule; correction.

SUMMARY: The Federal Communications

Commission published in the Federal

Register of December 18, 2000, a

document that was to deny the petition

for reconsideration filed by the Cellular

Telecommunications Industry

Association on August 2, 1999 regarding

the Report and Order in the matter of

Assessment and Collection of

Regulatory Fees for Fiscal Year 1999

and also amend the Commission’s rule

regarding petitions for reduction of

regulatory fees. Inadvertently, the

document did not include the paragraph

noting the denial of the petition for

reconsideration. This document corrects

that error.

DATES: Effective January 17, 2001.

FOR FURTHER INFORMATION CONTACT:

Carla Conover, Office of General

Counsel, (202) 418–7882.

SUPPLEMENTARY INFORMATION: In FR Doc.

00–31946, published in the Federal

Register of December 18, 2000 (65 FR

78989), the paragraph noting the denial

of a petition for reconsideration was not

included. This correction includes that

paragraph.

1. This supplementary information is

a summary of the Commission’s

Memorandum Opinion and Order on

Reconsideration (Order) in MD Docket

No. 98–200 (FCC 00–352), adopted

September 21, 2000, and released

October 10, 2000. The complete text of

the Order is available for inspection and

copying during normal business hours

in the FCC Reference Information

Center, Courtyard Level, 445 12th

Street, SW., Washington, DC, and also

may be purchased from the

Commission’s copy contractor,

International Transcription Services

(ITS, Inc.), CY–B400, 445 12th Street,

SW., Washington, DC.

2. In FR Doc. 00–31946, on page

78989, in the first column, in the

Summary, insert this sentence at the

end of the paragraph: This document

also denies the petition for

reconsideration filed by the Cellular

Telecommunications Industry

Association on August 2, 1999 regarding

the Report and Order adopted on June

11, 1999 in the matter of Assessment

and Collection of Regulatory Fees for

Fiscal Year 1999.

3. On page 78989, in the third

column, insert the following before the

List of Subjects in 47 CFR Part 1: 4. The

petition for reconsideration filed by the

Cellular Telecommunications Industry

Association on August 2, 1999 regarding

the Report and Order adopted on June

11, 1999 in the matter of Assessment

and Collection of Regulatory Fees for

Fiscal Year 1999 is denied.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

[FR Doc. 01–1251 Filed 1–19–01; 8:45 am]

BILLING CODE 6712–01–U

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Parts 13 and 17

RIN AG44

Response to Public Comments on

Amending General Permitting

Regulations Relating to Habitat

Conservation Plans, Safe Harbor

Agreements and Candidate

Conservation Agreements With

Assurances

AGENCIES: Fish and Wildlife Service,

Department of the Interior.

ACTION: Final rule; affirmation.

SUMMARY: On June 17, 1999, the U.S.

Fish and Wildlife Service (Service)

published a final rule amending parts 13

and 17 of title 50 of the Code of Federal

Regulations (CFR). This rule created

regulations for the new Safe Harbor and

Candidate Conservation Agreements

with Assurances policies, and also

dictated when the permitting

requirements of Habitat Conservation

Plan (HCP), Safe Harbor Agreement

(SHA) and Candidate Conservation

Agreement with Assurances (CCAA)

permits, issued under the authority of

section 10 of the Endangered Species

Act of 1973, as amended (ESA), will

vary from the Service’s general part 13

permitting requirements. On February

11, 2000, we published a request for

additional public comment on seven

specific regulatory changes that altered

the applicability of 50 CFR part 13 to

permits for HCPs, SHAs and CCAAs.

Based on our review of the comments,

we have decided not to repropose any

of the amendments to part 13 or part 17.

DATES: Final rule published on June 17,

1999 remains effective.

ADDRESSES: Chief, Division of

Conservation and Classification, or

Chief, Division of Consultation, Habitat

Conservation Planning and Recovery,

U.S. Fish and Wildlife Service, 4401

North Fairfax Drive, Room 420,

Arlington, Virginia 22203 (Telephone

703/358–2171; Facsimile 703/358–

1735).

FOR FURTHER INFORMATION CONTACT:

Nancy Gloman, Chief, Division of

Conservation and Classification, U.S.

Fish and Wildlife Service (telephone

703/358–2171, facsimile 703/358–1735),

or Renne Lohoefener, Chief, Division of

Consultation, Habitat Conservation

Planning and Recovery, U.S. Fish and

Wildlife Service (telephone 703/358–

2171, facsimile 703/358–1735).

SUPPLEMENTARY INFORMATION:

Background

The Service administers a variety of

conservation laws that authorize the

issuance of certain permits for otherwise

prohibited activities. In 1974, we

published 50 CFR part 13 to consolidate

the administration of various permitting

programs. Part 13 established a uniform

framework of general administrative

conditions and procedures that would

govern the application, processing, and

issuance of all Service permits. We

intended that the general part 13

permitting provisions would apply to

the various Federal wildlife and plant

programs administered by the Service

and that the specific permitting

requirements applicable to each of these

programs would supplement rather than

replace the general part 13

requirements.

Subsequent to the 1974 publication of

part 13, we added many wildlife

regulatory programs to title 50 of the

CFR. For example, we added part 18 in

1974 to implement the Marine Mammal

Protection Act, modified and expanded

part 17 in 1975 to implement the ESA,

and added part 23 in 1977 to implement

the Convention on International Trade

in Endangered Species of Wild Fauna

and Flora (CITES). These parts

contained their own specific permitting

requirements in addition to the general

permitting provisions of part 13.

With respect to most of the programs

under the ESA, the combination of part

13’s general permitting provisions and

part 17’s specific permitting provisions

have worked well since 1975. However,

in three areas of emerging permitting

policy under the ESA, the general

approach of part 13 has turned out to be