62990 Federal Register / Vol. 60, No. 236 / Friday, December 8, 1995 / Rules and Regulations

commerce from May 11, 1976, through

May 11, 1978, had to be labeled with a

hang tag or other removable label

stating: ‘‘Meets U.S. Consumer Product

Safety Commission Regulations for

Bicycles.’’ See section 1512.19(d) of the

regulations. Section 1512.19(d) specifies

minimum dimensions for the label and

the height of the lettering of the required

statement.

After the effective date of the bicycle

regulations, the Commission issued a

statement of policy and interpretation to

allow minor variations in the size of the

hang tags or labels required by section

1512.19(d). See the Federal Register of

May 27, 1976. The statement of policy

and interpretation is codified as 16 CFR

1512.50.

C. Revocation

No bicycles introduced into

commerce now or in the future are or

will be subject to the labeling rule and

policy statement codified at 16 CFR

1512.19(d) and 1512.50. For this reason,

the Commission is revoking that rule

and policy statement.

Generally, the Administrative

Procedure Act (APA) (5 U.S.C. 553)

requires agencies to publish a notice of

proposed rulemaking and provide

opportunity for public comment before

issuing or revoking a regulation.

However, the APA provides at 5 U.S.C.

553(b)(B) that the requirement for a

notice of proposed rulemaking is not

applicable when the agency finds for

good cause that notice of proposed

rulemaking and public participation are

‘‘impracticable, unnecessary, or contrary

to the public interest.’’

The Commission finds for good cause

that notice of proposed rulemaking and

public participation are unnecessary. As

noted, labeling under 16 CFR 1512.19(d)

and 1512.50 was required only for

bicycles introduced into commerce from

May 11, 1976, to May 11, 1978. The

rules being revoked have no effect on

the rights or duties of any persons who

manufacture, sell, or purchase bicycles

at this time. Providing notice of

proposed rulemaking and opportunity

for submission of written comments on

the proposal would be a meaningless

procedure in this case.

The APA also requires at 5 U.S.C.

553(d) that a substantive rule must be

published at least 30 days before its

effective date unless the agency finds for

good cause that such delay is not

needed. Again, no bicycles offered for

sale now or in the future are or will be

subject to the rules being revoked.

Therefore, the Commission finds for

good cause that a delayed effective date

is unnecessary, and this revocation shall

become effective immediately.

D. Conclusion

Therefore, under the authority of

section 553 of the Administrative

Procedure Act and sections 2 and 3 of

the Federal Hazardous Substances Act,

the Commission hereby amends title 16

of the Code of Federal Regulations,

Chapter II, Subchapter C, Part 1512 to

read as follows:

PART 1512—[AMENDED]

1. The authority for Part 1512

continues to read as follows:

Authority: Sec. 2(f)1(D), (q)(1)(A), (s),

3(e)(1), 74 Stat. 372, 374, as amended, 80

Stat. 1304–05, 83 Stat. 187–89 (15 U.S.C.

1261, 1262).

§ 1512.19 [Removed and Reserved]

§ 1512.50 [Removed and Reserved]

2. Sections 1512.19(d) and 1512.50

are removed and reserved effective

December 8, 1995.

Dated: December 4, 1995.

Sadye E. Dunn,

Secretary, Consumer Product Safety

Commission.

[FR Doc. 95–29898 Filed 12–7–95; 8:45 am]

BILLING CODE 6355–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[VA21–1–5883a; A–1–FRL–5342–1]

Approval and Promulgation of Air

Quality Plans; Virginia; Withdrawal of

Final Rule Pertaining to VOC RACT

Requirements

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rulemaking.

SUMMARY: On September 27, 1995, EPA

published approval of a State

Implementation Plan (SIP) revision

submitted by the Commonwealth of

Virginia (60 FR 49767) pertaining to

amendments to Virginia’s major source

volatile organic compound (VOC)

reasonably available control technology

(RACT) requirements, applicable in the

Richmond ozone nonattainment area

and the Virginia portion of the

Washington, DC ozone nonattainment

area. This action was published without

prior proposal because EPA anticipated

no adverse comments. Because EPA

received adverse comments on this

action, EPA is removing the

amendments made by the September 27,

1995 final rule pertaining to VOC RACT

requirements in Virginia.

EFFECTIVE DATE: November 27, 1995.

FOR FURTHER INFORMATION CONTACT:

Maria A. Pino, (215) 597–9337.

SUPPLEMENTARY INFORMATION: On

September 27, 1995, EPA published

approval of a SIP revision pertained to

amendments to Virginia’s major source

VOC RACT requirements (60 FR 49767).

The intended effect of this action was to

approve the submitted amendments to

Virginia’s major source VOC RACT

requirements because they strengthen

Virginia’s SIP. EPA approved this direct

final rulemaking without prior proposal

because the Agency viewed it as a

noncontroversial amendment and

anticipated no adverse comments. The

final rule was published in the Federal

Register with a provision for a 30 day

comment period (60 FR 49767).

A proposed rule pertaining to the

same amendments to Virginia’s VOC

RACT requirements was also published

in the Federal Register on September

27, 1995 (60 FR 49813). EPA announced

that the final rule would convert to a

proposed rule in the event that adverse

comments were submitted to EPA

within 30 days of publication of the rule

in the Federal Register (60 FR 49767).

The final action would be withdrawn by

publishing a document announcing

withdrawal of the final rulemaking

action. EPA received adverse comment

within the prescribed comment period.

Therefore, EPA is removing the

amendments made by the September 27,

1995 final rulemaking action. All public

comments received will be addressed in

a subsequent rulemaking action based

on the proposed rule.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Hydrocarbons,

Intergovernmental relations, Ozone.

Dated: November 3, 1995.

Stanley Laskowski,

Acting Regional Administrator, Region III.

For the reasons set out in the

preamble, 40 CFR Part 52 is amended as

follows:

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

Subpart VV—Virginia

§ 52.2420 [Amended]

2. Section 52.2420 is amended by

removing paragraph (c)(106).

[FR Doc. 95–29927 Filed 12–07–95; 8:45 am]

BILLING CODE 6560–50–P