55730 Federal Register / Vol. 70, No. 184 / Friday, September 23, 2005 / Rules and Regulations 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this rule under that Order and have 

determined that it does not have 

implications for federalism. 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 or more in any one year. 

Though this rule will not result in such 

an expenditure, we do discuss the 

effects of this rule elsewhere in the 

preamble. 

Taking of Private Property 

This rule will not effect a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

will not create an environmental risk to 

health or risk to safety that might 

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. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Commandant Instruction M16475.lD, 

which guides the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded that there are no factors 

in this case that would limit the use of 

a categorical exclusion under section 

2.B.2 of the Instruction. Therefore, this 

rule is categorically excluded, under 

Figure 2–1, paragraph (34)(i) of the 

Instruction, from further environmental 

documentation. An ‘‘Environmental 

Analysis Check List’’ and a ‘‘Categorical 

Exclusion Determination’’ are available 

in the docket where indicated under 

ADDRESSES. 

List of Subjects in 33 CFR Part 168 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 168 as follows. 

PART 168—ESCORT REQUIREMENTS 

FOR CERTAIN TANKERS 

■ 1. The authority citation for part 168 

is revised to read as follows: 

Authority: Section 4116(c), Pub. L. 101–

380, 104 Stat. 520 (46 U.S.C. 3703 note); 

Department of Homeland Security Delegation 

No. 170.1, para. 2(82). 

§ 168.50 [Amended] 

■ 2. In § 168.50, remove and reserve 

paragraph (b)(2). 

Dated: September 15, 2005. 

T.H. Gilmour, 

Rear Admiral, U.S. Coast Guard, Assistant 

Commandant for Marine Safety, Security and 

Environmental Protection. 

[FR Doc. 05–19005 Filed 9–22–05; 8:45 am] 

BILLING CODE 4910–15–P 

NATIONAL ARCHIVES AND RECORDS 

ADMINISTRATION 

36 CFR Part 1228 

RIN 3095–AB31 

Records Center Facility Standards 

AGENCY: National Archives and Records 

Administration (NARA). 

ACTION: Final rule; correction. 

SUMMARY: NARA published the final 

rule, Records Center Facility Standards, 

in the August 29, 2005, Federal Register 

(70 FR 50980). In that final rule, we 

revised § 1228.240(c) entirely, removing 

subordinate paragraphs 

§§ 1228.240(c)(1) and (c)(2). Paragraph 

§ 1228.240(d), which was not amended 

in the rulemaking, currently contains a 

sentence ‘‘For requests submitted under 

paragraph (c)(2) of this section, NARA 

also will review the submitted plan to 

ensure that the plan is realistic.’’ This 

correction removes that sentence. 

DATES: This rule is effective on 

September 28, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Nancy Allard at 301–837–1477 or fax 

number 301–837–0319. 

SUPPLEMENTARY INFORMATION: In FR Doc. 

05–17097 appearing on page 50980 in 

the Federal Register of Monday, August 

29, 2005, the following correction is 

made: 

PART 1228—[CORRECTED] 

§ 1228.240 [Corrected] 

■ On page 50988, in the second column, 

in Part 1228, Disposition of Federal 

Records, in amendment 9, the 

instruction ‘‘9. Amend § 1228.240 by 

revising paragraph (c) to read as 

follows:’’ and the amended text set forth 

are corrected to read: 

■ ‘‘9. Amend § 1228.240 by revising 

paragraphs (c) and (d) to read as follows: 

Federal Register / Vol. 70, No. 184 / Friday, September 23, 2005 / Rules and Regulations 55731 

§ 1228.240 How does an agency request 

authority to establish or relocate records 

storage facilities? 

* * * * * 

(c) Contents of requests for agency 

records centers. Requests for authority 

to establish or relocate an agency 

records center, or to use an agency 

records center operated by another 

agency, must be submitted in writing to 

the Director, Space and Security 

Management Division (NAS), National 

Archives and Records Administration, 

8601 Adelphi Road, College Park, MD 

20740–6001. The request must identify 

the specific facility and, for requests to 

establish or relocate the agency’s own 

records center, document compliance 

with the standards in this subpart. 

Documentation requirements for 

§ 1228.230(s) are specified in 

§ 1228.242. 

(d) Approval of requests for agency 

records centers. NARA will review the 

submitted documentation to ensure the 

facility demonstrates full compliance 

with the standards in this subpart. 

NARA reserves the right to visit the 

facility, if necessary, to make the 

determination of compliance. NARA 

will inform the agency of its decision 

within 45 calendar days after the 

request is received, and will provide the 

agency information on the areas of 

noncompliance if the request is denied. 

Requests will be denied only if NARA 

determines that the facility does not 

demonstrate full compliance with the 

standards in this subpart. Approvals 

will be valid for a period of 10 years, 

unless the facility is materially changed 

before then or an agency or NARA 

inspection finds that the facility does 

not meet the standards in this subpart. 

Material changes require submission of 

a new request for NARA approval. 

* * * * * 

Dated: September 19, 2005. 

Allen Weinstein, 

Archivist of the United States. 

[FR Doc. 05–19021 Filed 9–22–05; 8:45 am] 

BILLING CODE 7515–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[OPP–2005–0238; FRL–7735–8] 

Pesticides; Removal of Expired TimeLimited Tolerance Exemptions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is removing time-limited 

tolerance exemptions for several 

pesticide chemicals. These time-limited 

tolerance exemptions are being removed 

because they have expired and are 

obsolete, and to ensure that the 

regulatory listings of tolerance 

exemptions are properly updated. 

DATES: This final rule is effective on 

November 22, 2005. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

identification (ID) number OPP–2005–

0238. 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 Public Information and 

Records Integrity Branch (PIRIB), Rm. 

119, Crystal Mall #2, 1801 S. Bell St., 

Arlington, VA., Monday through Friday, 

excluding legal holidays. The Docket 

telephone number is (703) 305–5805. 

FOR FURTHER INFORMATION CONTACT: 

Kathryn Boyle, Registration Division 

(7505C), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 305–6304; fax number: (703) 305–

0599; e-mail address: 

boyle.kathryn@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to: 

• Crop production (NAICS code 111) 

• Animal production (NAICS code 

112) 

• Food manufacturing (NAICS code 

311) 

• Pesticide manufacturing (NAICS 

code 32532) 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. 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 Access Electronic Copies 

of this Document and Other Related 

Information? 

In addition to using EDOCKET (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/. A 

frequently updated electronic version of 

40 CFR part 180 is available at E-CFR 

Beta Site Two at http:// 

www.gpoaccess.gov/ecfr/. 

II. Background 

A. What is the Agency’s Authority for 

Taking this Action? 

This final rule is issued pursuant to 

section 408(e) of the Federal Food, Drug, 

and Comestic Act (FFDCA), as amended 

by the Food Quality Protection Act 

(FQPA) (21 U.S.C. 346a(e)). Section 408 

of FFDCA authorizes the establishment 

of tolerances, exemptions from the 

requirement of a tolerance, 

modifications in tolerances, and 

revocation of tolerances for residues of 

pesticide chemicals in or on raw 

agricultural commodities and processed 

foods. Without a tolerance or tolerance 

exemption, food containing pesticide 

residues is considered to be unsafe and 

therefore, ‘‘adulterated’’ under section 

402(a) of FFDCA. If food containing 

pesticide residues is found to be 

adulterated, the food may not be 

distributed in interstate commerce (21 

U.S.C. 331(a) and 342 (a)). 

B. Why is EPA Issuing this as a Final 

Rule? 

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. EPA 

has determined that there is good cause 

for making today’s rule final without 

prior proposal and opportunity for 

comment because the actions taken in 

this final rule represent technical 

corrections to the regulations and do not 

involve substantive Agency action. The 

removal of an expired time-limited 

tolerance exemption from 40 CFR part 

180 does not involve any substantive 

Agency action. The expiration date for