56576 Federal Register / Vol. 70, No. 187 / Wednesday, September 28, 2005 / Rules and Regulations 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. Section 180.1260 is added to 

subpart D to read as follows: 

§ 180.1260 Muscodor albus QST 20799 and 

the volatiles produced on rehydration; 

exemption from the requirement of a 

tolerance. 

An exemption from the requirement 

of a tolerance is established on all food/ 

feed commodities, for residues of 

Muscodor albus QST 20799, and the 

volatiles produced on its rehydration, 

when the pesticide is used for all 

agricultural applications, including 

seed, propagule and post harvest 

treatments. 

[FR Doc. 05–19259 Filed 9–27–05; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 310 

[SFUND–2005–0009; FRL–7976–2] 

RIN 2050–AE36 

Reimbursement to Local Governments 

for Emergency Responses to 

Hazardous Substances Releases 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; technical correction. 

SUMMARY: EPA issued a final rule in the 

Federal Register of February 18, 1998, 

to streamline procedures used to 

reimburse local governments for 

emergency response costs. Local 

governments may be reimbursed for 

certain costs they incur in taking 

temporary emergency measures related 

to releases of hazardous substances, 

pollutants and contaminants. This 

document is being issued to correct the 

address to mail the completed 

application and supporting data 

provided and the telephone numbers 

listed in Appendix II to the regulations. 

DATES: This technical correction is 

effective on September 28, 2005. 

ADDRESSES: Docket: All documents in 

the docket are listed in the EDOCKET 

index at http://www.epa.gov/edocket. 

Although listed in the index, some 

information is not publicly available, 

i.e., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically in 

EDOCKET or in hard copy at the 

Superfund Docket, EPA/DC, EPA West, 

Room B102, 1301 Constitution Ave., 

NW., Washington, DC. The Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the Superfund Docket is 

(202) 566–0276. 

FOR FURTHER INFORMATION CONTACT: 

Lynn Beasley, Regulation and Policy 

Development Division, Office of 

Emergency Management, Office of Solid 

Waste and Emergency Response 

(5104A), Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460; telephone 

number: (202) 564–1965; fax number: 

(202) 564–2625; e-mail address: 

beasley.lynn@epa.gov. For further 

information regarding specific aspects of 

the final rule for reimbursement to local 

governments, contact: Lisa Boynton, 

Local Governments Reimbursement 

Project Officer, Program Operations and 

Coordination Division, Office of 

Emergency Management, Office of Solid 

Waste and Emergency Response 

(5104A), Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460; telephone 

number: (202) 564–2487; fax number: 

(202) 564–8211; e-mail address: 

boynton.lisa@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does This Action Apply to Me? 

Type of entity Examples of affected 

entities 

Local or Tribal Governments.Governing bodies of 

county, parish, municipality, city, 

town, township, 

federally recognized Indian tribe 

or general purpose 

unit of local government. 

This table is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

regulated by this action. This table lists 

the types of entities that EPA is now 

aware could potentially be regulated by 

this action. Other types of entities not 

listed in the table could also be 

regulated. If you have questions 

regarding the applicability of this action 

to a particular entity, consult the person 

listed in the preceding FOR FURTHER

INFORMATION CONTACT section. 

B. How Can I Access Electronic Copies 

of This Document and Other Related 

Information? 

The instructions provided under the 

Federal Register document of February 

18, 1998, 63 FR 8284, are no longer 

current. The current information is as 

follows: 

• Docket ID No. SFUND–2005–0009. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. 

• Agency Web site: http:// 

www.epa.gov/edocket. EDOCKET, EPA’s 

electronic public docket and comment 

system. 

• E-mail: superfund.docket@epa.gov. 

• Fax: (202) 566–0224. 

Mail: Superfund Docket, 

Environmental Protection Agency, 

Mailcode: 5202T, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460. 

In addition to using EDOCKET at 

http://www.epa.gov/edocket/, you may 

access this Federal Register document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 

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

II. What Does This Correction Do? 

On February 18, 1998, (63 FR 8284) 

EPA published streamlined procedures 

for use by local governments seeking 

reimbursement for emergency response 

costs. Local governments may be 

reimbursed for certain costs they incur 

in taking temporary emergency 

measures related to releases of 

hazardous substances pollutants and 

contaminants. Those procedures are 

found in 40 CFR part 310. Section 

310.15(d) gives the address to mail the 

completed application and supporting 

data for reimbursement. Appendix II to 

40 CFR part 310 provides EPA Regions 

and NRC Telephone Lines. The mailing 

address and some of the telephone 

numbers are now incorrect. This 

technical correction provides the 

corrected address to mail the completed 

application and supporting data and the 

EPA Regions and NRC phone numbers. 

III. Why Is This Correction Issued as a 

Final Rule? 

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 final 

rule without providing notice and an 

opportunity for public comment. EPA 

has determined that there is good cause 

for making today’s technical correction 

final without prior proposal and 

opportunity for comment, because EPA 

is merely correcting information that 

Federal Register / Vol. 70, No. 187 / Wednesday, September 28, 2005 / Rules and Regulations 56577 

has become out of date since the 

previously published final rule. The 

address to submit applications found in 

40 CFR 310.15, How do I apply for 

reimbursement? and some of the 

telephone numbers listed in Appendix 

II to part 310 have changed since the 

February 18, 1998, publication of the 

final rule. EPA finds that this 

constitutes good cause under 5 U.S.C. 

553(b)(B). 

IV. Do Any of the Statutory and 

Executive Order Reviews Apply to This 

Action? 

The applicable statutory and 

Executive Order reviews were included 

in the February 18, 1998 Federal 

Register document. This document is a 

technical correction and as such no new 

review requirements are applicable. 

V. 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. 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 this final 

rule in the Federal Register. This final 

rule is not a ‘‘major rule’’ as defined by 

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

List of Subjects in 40 CFR Part 310 

Environmental protection, 

Administrative practice and procedure, 

Hazardous substances, 

Intergovernmental relations, Local 

governments, Reporting and 

recordkeeping requirements, Superfund. 

Dated: September 22, 2005. 

Thomas P. Dunne, 

Acting Assistant Administator, Office of Solid 

Waste and Emergency Response. 

■ For the reasons set out in the 

preamble, it is to amend title 40, chapter 

I of the Code of Federal Regulations as 

follows: 

PART 310—REIMBURSEMENT TO 

LOCAL GOVERNMENTS FOR 

EMERGENCY REPONSE TO 

HAZARDOUS SUBSTANCE RELEASES 

■ 1. The authority citation for part 310 

continues to read as follows: 

Authority: 42 U.S.C. 9611(c)(11), 9623. 

Subpart B—[Amended] 

■ 2. Section 310.15 is amended by 

revising paragraph (d) to read as 

follows: 

§ 310.15 How do I apply for 

reimbursement? 

* * * * * 

(d) Mail your completed application 

and supporting data to the LGR Project 

Officer, (5401A), Office of Emergency 

Management, Office of Solid Waste and 

Emergency Response, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460. 

■ 3. Appendix II to Part 310 is revised 

to read as follows: 

Appendix—II to Part 310—EPA Regions 

and NRC Telephone Lines 

National Response Center ............................................................................................................................................................ (800) 424–8802 

EPA Regional Phone Numbers: 

Region I (ME, NH, VT, MA, RI, CT) ....................................................................................................................................... (617) 723–8928 

Region II (NJ, NY, PR, VI) ..................................................................................................................................................... (800) 424–8802 

Region III (PA, DE, MD, DC, VA, WV) .................................................................................................................................. (215) 814–3255 

Region IV (NC, SC, TN, MS, AL, GA, FL, KY) ...................................................................................................................... (404) 562–8700 

Region V (OH, IN, IL, WI, MN, MI) ........................................................................................................................................ (312) 353–2318 

Region VI (AR, LA, TX, OK, NM) ........................................................................................................................................... (866) 372–7745 

Region VII (IA, MO, KS, NE) .................................................................................................................................................. (913) 281–0991 

Region VIII (CO, UT, WY, MT, ND, SD) ................................................................................................................................ (303) 293–1788 

Region IX (AZ, CA, NV, AS, HI, GU, TT) .............................................................................................................................. (800) 300–2193 

Region X (ID, OR, WA, AK) ................................................................................................................................................... (206) 553–1263 

[FR Doc. 05–19354 Filed 9–27–05; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL MARITIME COMMISSION 

46 CFR Part 531 

[Docket No. 05–05] 

RIN 3072–AC31 

Non-Vessel-Operating Common Carrier 

Service Arrangements 

AGENCY: Federal Maritime Commission. 

ACTION: Final rule. 

SUMMARY: The Federal Maritime 

Commission has revised its exemption 

for non-vessel-operating common 

carriers (NVOCCs) from certain tariff 

requirements of the Shipping Act of 

1984 to allow NVOCCs and shippers’

associations with NVOCC members to 

act as shipper parties in NVOCC Service 

Arrangements. 

EFFECTIVE DATE: October 28, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Amy W. Larson, General Counsel, 

Federal Maritime Commission, 800 N. 

Capitol St., NW., Washington, DC 

20573–0001, (202) 523–5740, 

generalcounsel@fmc.gov. 

SUPPLEMENTARY INFORMATION:

I. Background 

On August 3, 2005, the Federal 

Maritime Commission (‘‘FMC’’ or 

‘‘Commission’’) proposed a revision to 

its regulations at 46 CFR part 531, NonVessel-Operating Common Carrier 

Service Arrangements. 70 FR 456267 

(August 8, 2005) (‘‘NPR’’). The NPR 

proposed revisions to 46 CFR sections 

531.3(o), 531.5(a), 531.6(c)(2), and 

531.6(d) that would have the effect of 

allowing non-vessel-operating common 

carriers (‘‘NVOCCs’’) to act as either 

shippers or carriers in an NVOCC 

Service Arrangement (‘‘NSA’’). Id. 

On January 19, 2005, 46 CFR part 531 

became effective, exempting NVOCCs 

from certain tariff publication 

requirements of the Shipping Act of 

1984, 46 U.S.C. app. 1701 et seq. 

(‘‘Shipping Act’’). 69 FR 75850 

(December 20, 2004) (final rule) (‘‘NSA 

Rule’’). The NSA Rule was issued 

pursuant to the Commission’s authority 

under section 16 of the Shipping Act, 46 

U.S.C. app. 1715 (‘‘Section 16’’). The 

exemption relieved NVOCCs from 

certain tariff requirements of the 

Shipping Act, provided the carriage in 

question was done pursuant to an NSA 

filed with the Commission and the 

essential terms are published in the 

NVOCC’s tariff. Id. 

The NSA Rule defined an ‘‘NSA 

shipper’’ as a cargo owner, the person 

for whose account the ocean 

transportation is provided, the person to 

whom delivery is to be made, or a 

shippers’ association. 46 CFR 531.3(o). 

This definition specifically excluded