34374 Federal Register / Vol. 66, No. 125 / Thursday, June 28, 2001 / Rules and Regulations

b. By removing paragraph (f).

c. By redesignating paragraph (g) as

paragraph (f).

Dated: June 22, 2001.

Marilyn J. Kretsinger,

Assistant General Counsel.

[FR Doc. 01–16188 Filed 6–27–01; 8:45 am]

BILLING CODE 1410–30–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Chapter I

48 CFR Chapter XV

[FRL–6772–2]

Change of Official EPA Mailing

Address; Additional Technical

Amendments and Corrections

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: In a previously published

Federal Register (FR) document, EPA

changed the official mailing address in

the Code of Federal Regulations, where

applicable, to reflect EPA’s relocation of

the majority of its Headquarter offices in

the Washington Metropolitan area to

new offices in downtown Washington,

DC. However, with 25 CFR volumes, 6

major program areas, and continual

amending of the Agency’s regulations, it

was inevitable that there would be

problems. This document is continuing

the update and correcting errors made

in the previously published FR

document. Although the official mailing

address has changed, the physical

location of the public information

centers and dockets has not yet

changed. This relocation effort will

eventually consolidate the EPA

Headquarter offices in the Washington

Metropolitan area providing for

increased savings, efficiency, and

enhancement of customer services. The

EPA mailing address change will be

phased in for all EPA correspondence,

publications, forms, and other

documents.

DATES: This final rule is effective on

June 28, 2001.

FOR FURTHER INFORMATION CONTACT: Paul

Lapsley, Director of Regulatory

Management Staff, Office of Policy,

Economics, and Innovation (1806),

Environmental Protection Agency, 1200

Pennsylvania Ave., NW., Washington,

DC 20460; telephone number: (202)

564–5480; e-mail address:

lapsley.paul@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

This action is directed to the public

in general, and has particular

applicability to anyone who might need

or want to communicate in writing with

EPA, or submit information to the

Agency. Since this action may apply to

anyone, the Agency has not attempted

to describe all the specific entities that

may be affected by this action. If you

have any questions regarding the

applicability of this action to a

particular entity, consult the person

listed under FOR FURTHER INFORMATION

CONTACT.

B. How Can I Get Additional

Information, Including Copies of this

Document or Other Related Documents?

You may obtain electronic copies of

this document, and certain other related

documents that might be available

electronically, from the EPA Internet

Home Page at http://www.epa.gov/. To

access this document, on the Home Page

select ‘‘Laws and Regulations,’’

‘‘Regulations and Proposed Rules,’’ and

then look up the entry for this document

under the ‘‘Federal Register—

Environmental Documents.’’ You can

also go directly to the Federal Register

listings at http://www.epa.gov/fedrgstr/.

A frequently updated electronic version

of 40 CFR chapter I is available at http:/

/www.access.gpo.gov/nara/cfr/

cfrhtml_00/Title_40/40tab_00.html and

for 48 CFR chapter 15 at http://

www.access.gpo.gov/nara/cfr/

cfrhtml_00/Title_48/48cfrv6_00.html,

these beta sites are currently under

development.

II. Background

A. What Action is the Agency Taking?

EPA announced and amended its

official mailing address in the Federal

Register issue of August 2, 2000 (65 FR

47323) (FRL–6487–4). With 25 CFR

volumes, 6 major program areas, and

continual amending of the Agency’s

regulations, it was inevitable that there

would be problems. The technical

amendments and corrections in this

document will address the problems

identified in the the new electronic CFR

(e-CFR) available on the Government

Printing Office server by the OFR

editors during their update.

As explained in the August FR

document, EPA is relocating its

Headquarter offices in the Washington

Metropolitan area to new offices in

downtown Washington, DC. This effort

will consolidate the majority of the EPA

Headquarter offices in the Washington

Metropolitan area providing for

increased savings, efficiency, and

enhancement of customer services. To

date, approximately two-thirds of the

EPA Headquarter offices have been

successfully relocated to the new

location, with the remaining offices

expected to move within the next 2

years. Although not all of the offices

have been relocated, the Agency will

begin to phase in the new address for all

of its documents over the next 12

months.

Although EPA’s official mailing

address has changed, EPA will continue

to receive mail with the old address

until the EPA relocation is complete.

The EPA mailing center which

processes all of EPA’s mail has not been

relocated yet, so EPA will continue to

physically receive and process all of its

mail at its current location until this

operation is relocated.

If you wish to inspect a rulemaking

record or deliver documents (e.g., your

comments on a rulemaking) directly to

the public record centers, which are also

referred to as the public docket or

locations for the public version of the

official record, you should pay

particular attention to information about

the specific location of the particular

public record center, because these

record centers have not been relocated.

EPA intends to consolidate these centers

in the new location, and will announce

the relocation when it occurs. For

information about the location of these

centers go to http://www.epa.gov/

epahome/dockets.htm.

In certain cases, the EPA mailing

address provided in the regulations, or

in instructions for submitting a form or

other information to EPA, may be an

address other than the official mailing

address for EPA Headquarter offices. In

amending the CFR to reflect the address

change, this FR document specifically

identifies those CFR sections where the

EPA address provided should not be

changed. In addition, if you are

responding to a request for comments,

or otherwise wish to deliver your

submission directly to a public docket

or a particular office, please be sure to

verify the relevant location to ensure

that you identify the proper delivery

address.

EPA intends to review existing

regulatory documents, particularly

forms and instructions for submitting

information to the Agency, to ensure

that the EPA mailing address is properly

identified. If necessary, EPA intends to

amend these documents over the next 2

years.

Federal Register / Vol. 66, No. 125 / Thursday, June 28, 2001 / Rules and Regulations 34375

B. What is the Agency’s Authority for

Taking This Action?

EPA is issuing this document under

its general rulemaking authority,

Reorganization Plan No. 3 of 1970 (5

U.S.C. app.).

In addition, section 553 of the

Administrative Procedure Act (APA), 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. EPA

has determined that there is good cause

for making this rule final without prior

proposal and opportunity for comment.

EPA has determined that these

amendments are technical and nonsubstantive. Thus, notice and public

procedure are unnecessary. EPA finds

that this constitutes good cause under 5

U.S.C. 553(b)(B).

III. Do Any of the Regulatory

Assessment Requirements Apply to this

Action?

No. This final rule implements

technical amendments and corrections

to 40 CFR chapter I and 48 CFR chapter

15 to reflect a change in the EPA

Headquarter’s official mailing address,

and it does not otherwise impose or

amend any requirements. As such, the

Office of Management and Budget

(OMB) has determined that a technical

amendment and/or correction is not a

‘‘significant regulatory action’’ subject to

review by OMB under Executive Order

12866, entitled Regulatory Planning and

Review (58 FR 51735, October 4, 1993).

Nor does this rule contain any

information collection requirements that

require review and approval by OMB

pursuant to the Paperwork Reduction

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

seq.).

Because this action is not

economically significant as defined by

section 3(f) of Executive Order 12866,

this action is not subject to Executive

Order 13045, entitled Protection of

Children from Environmental Health

Risks and Safety Risks (62 FR 19885,

April 23, 1997).

This action will not result in

environmental justice related issues and

does not, therefore, require special

consideration under Executive Order

12898, entitled Federal Actions to

Address Environmental Justice in

Minority Populations and Low-Income

Populations (59 FR 7629, February 16,

1994).

Since the Agency has made a ‘‘good

cause’’ finding that this action is not

subject to notice-and-comment

requirements under the APA or any

other statute (see Unit IV.), this action

is not subject to provisions of the

Regulatory Flexibility Act (RFA) (5

U.S.C. 601 et seq.), or to sections 202

and 205 of the Unfunded Mandates

Reform Act of 1995 (UMRA) (Public

Law 104–94). In addition, this action

does not significantly or uniquely affect

small governments or impose a

significant intergovernmental mandate,

as described in sections 203 and 204 of

UMRA. This 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, entitled

Federalism (64 FR 43255, August 10,

1999). Similarly, this rule will not have

substantial direct effects on tribal

governments, 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,

as specified in Executive Order 13175,

entitled Consultation and Coordination

with Indian Tribal Governments (65 FR

67249, November 6, 2000).

This action does not involve any

technical standards that require the

Agency’s consideration of voluntary

consensus standards pursuant to section

12(d) of the National Technology

Transfer and Advancement Act of 1995

(NTTAA), Public Law 104–113, section

12(d) (15 U.S.C. 272 note).

In issuing this 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, as

required by section 3 of Executive Order

12988, entitled Civil Justice Reform (61

FR 4729, February 7, 1996).

EPA has complied with Executive

Order 12630, entitled Governmental

Actions and Interference with

Constitutionally Protected Property

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

examining the takings implications of

this 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 is not subject to Executive

Order 13211, entitled Actions

Concerning Regulations That

Significantly Affect Energy Supply,

Distribution, or Use (66 FR 28355, May

22, 2001), because this action is not a

significant regulatory action under

Executive Order 12866.

IV. Will EPA Submit this Final Rule to

Congress and the Comptroller General?

Yes. The Congressional Review Act

(CRA) (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. CRA section 808 allows

the issuing agency to make a rule

effective sooner than otherwise

provided by the CRA, 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, EPA has

made such a good cause finding,

including the reasons therefore, and

established an effective date of June 28,

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 Chapter I and

48 CFR Chapter 15

Environmental protection.

Dated: June 22, 2001.

Christine Todd Whitman,

Administrator.

Therefore, under the authority of

Reorganization Plan No. 3 of 1970 (5

U.S.C. app.), 40 CFR chapter I and 48

CFR chapter 15 are amended and/or

corrected as follows:

40 CFR CHAPTER I—[AMENDED]

Technical Amendments

1. By removing the phrase ‘‘401 M

Street SW.’’ and adding in its place

‘‘1200 Pennsylvania Ave., NW.’’, except

in § § 79.56(d)(5)(ii); 79.61(c)(3)(i)(B);

80.2 (w), (y), and (z); 141.142(d);

435.11(f); 435.41 (h); and 62.12(b) the

address is revised to read ‘‘401 M St.,

SW.’’.

2. By removing the phrase ‘‘401 M St.

SW.’’ and adding in its place ‘‘1200

Pennsylvania Ave., NW.’’.

3. By removing the phrase

‘‘Washington, D.C. 20460’’ and adding

in its place ‘‘Washington, DC 20460’’.

34376 Federal Register / Vol. 66, No. 125 / Thursday, June 28, 2001 / Rules and Regulations

4. By removing the phrase

‘‘Washington DC 20460’’ and adding in

its place ‘‘Washington, DC 20460’’.

5. By removing the phrase ‘‘401 M

Street S.W.’’ and adding in its place

‘‘401 M St., SW.’’.

6. By removing the phrase ‘‘401 M St.

SW’’ and adding in its place ‘‘401 M St.,

SW.’’.

7. By amending § 2.213(a) to remove

the phrase ‘‘Freedom of Information

Officer (A-101)’’ and add in its place

‘‘Headquarters Freedom of Information

Operations (1105)’’.

8. By amending § § 10.2(c) and 14.7 to

remove the phrase ‘‘(LE-132G)’’ and add

in their place ‘‘(2311)’’.

9. By amending § 23.12(a) to remove

the phrase ‘‘(LE-130)’’ and add in its

place ‘‘(2311)’’.

10. By amending § 67.11 (b)(3) to

remove the phrase ‘‘401 M Street’’ and

add in its place ‘‘1200 Pennsylvania

Ave.’’.

11. By amending § 143.4(b) to remove

the phrase ‘‘1200 Pennsylvania Ave.,

NW.’’ in the paragraph at the end of the

table preceding the footnotes and add in

its place ‘‘401 M St., SW.’’.

12. By amending § 178.25(b)(1) to

remove the phrase ‘‘(A-110)’’ and add

‘‘(1900)’’ in its place.

13. By amending § 238.30 (b) to

remove the phrase ‘‘1200 Pennsylvania

Ave., NW.’’ and add in its place ‘‘401 M

St., SW.’’.

14. By amending § 260.11(a)(11) to

remove the phrase ‘‘OSW Methods

Team, 401 M St., SW.’’ and add in its

place ‘‘OSW Methods Team, 1200

Pennsylvania Ave., NW.’’.

15. By amending part 261, under

Appendix IX, table 1, third column,

item (5) ‘‘Data Submittals’’ for

‘‘Bethlehem Steel Corporation’’ as

follows:

a. By removing the phrase ‘‘the

Section Chief, Delisting Section’’.

b. By removing the phrase ‘‘HWID/

OSW (5304W)(5304), U.S. EPA, 1200

Pennsylvania Ave., NW., Washington,

DC 20460’’ and adding in its place

‘‘Waste and Chemicals Management

Division (Mail Code 3HW11), U.S. EPA

Region III, 1650 Arch St., Philadelphia,

PA 19103’’.

16. By amending part 261, under

Appendix IX, table 2, third column,

item (3) ‘‘Data submittals’’ for

‘‘Bethlehem Steel Corp.,’’ ‘‘Steelton,

PA.,’’ to remove the phrase ‘‘the Section

Chief, Variances Section, PSPD/OSW,

(OS-343)’’ and add in its place ‘‘PSPD/

OSW (5303W)’’.

17. By amending part 430, Appendix

A, sections 18.11 and 18.12 to remove

the phrase ‘‘401 M St. SW’’ and add in

its place ‘‘401 M St., SW.’’.

18. By amending § 761.205(a)(3) to

remove the phrase ‘‘401 M St. SW’’ and

add in its place ‘‘1200 Pennsylvania

Ave., NW.’’.

Corrections

In FR Doc. 00–18165, published in the

Federal Register of August 2, 2000 (65

FR 47323), make the following

corrections:

1. On page 47325, correct amendatory

instruction number 7 by removing the

phrase ‘‘62.12(b) and’’.

2. On page 47325, in amendatory

instruction number 8, make the

following corrections:

a. Remove the phrase ‘‘52.1320

(b)(3),’’ and add that same phrase in

numerical order to the exceptions list in

amendatory instruction number 10.

b. Correct the phrase ‘‘52.2220(b)(3)’’

to read ‘‘52.2220(b)(2)’’.

c. Remove the phrase ‘‘86.095-

35(h)(2)’’ and add in its place ‘‘86.095-

35(i)’’.

d. Remove the phrase ‘‘86.1808-01(f)’’

and add in its place ‘‘86.1807-01(f)’’.

e. Remove the phrases ‘‘141.23

(footnotes 3, 4, 7, and 11),’’;

‘‘141.40(n)(11),’’ ; and ‘‘141.143(d),’’ .

3. On page 47325, correct amendatory

instruction number 9 by removing the

phrase ‘‘52.03(d)(1)’’ and adding in its

place ‘‘52.02(d)(1)’’.

4. On page 47325, correct amendatory

instruction number 10 by removing the

phrase ‘‘52.1620(b)(3),’’ and adding it in

numerical order to the list of exceptions

in amendatory instruction number 8.

5. On page 47325, correct amendatory

instruction number 27 to read:

27. In § 265.1080(f)(2)(viii)(H)(2),

remove ‘‘2129’’ and add in its place

‘‘1812.’’

6. On page 47325, remove amendatory

instructions number 26 and 28.

Renumber amendatory instruction 27 as

number 26 and amendatory instructions

29 through 32 as amendatory

instructions 27 through 30.

48 CFR CHAPTER 15—[AMENDED]

Technical Amendments

1. By removing the phrase

‘‘Washington, D.C. 20460’’ and adding

in its place ‘‘Washington, DC 20460’’.

2. By removing the phrase

‘‘Washington DC 20460’’ and adding in

its place ‘‘Washington, DC 20460’’.

Correction

In FR Doc. 00–18165, published in the

Federal Register of August 2, 2000 (65

FR 47323), make the following

correction on page 47325, in the third

column, at the bottom of the page, in

amendatory instruction number 2 under

heading ‘‘48 CFR Chapter 15—

AMENDED,’’ add a period after the last

set of quotation marks.

[FR Doc. 01–16269 Filed 6–27–01; 8:45 am]

BILLING CODE 6560–50–S