Federal Register / Vol. 60, No. 236 / Friday, December 8, 1995 / Rules and Regulations 62989

epidemiological investigation has

confirmed that the disease has not

spread from the herd, and all reactor

cattle and bison have been destroyed.

However, if tuberculosis is detected in

two or more herds in the State within

48 months, the State’s accredited-free

status is revoked.

Before publication of this interim

rule, Wisconsin was designated in § 77.1

of the regulations as an accredited-free

State. However, because tuberculosis

has recently been confirmed in one herd

within the State, the Administrator has

determined that Wisconsin no longer

meets the criteria for designation as an

accredited-free State, but instead meets

the criteria for designation as an

accredited-free (suspended) State.

Therefore, we are amending the

regulations by removing Wisconsin from

the list of accredited-free States in § 77.1

and adding it to the list of accreditedfree (suspended) States in that section.

Immediate Action

The Administrator of the Animal and

Plant Health Inspection Service has

determined that there is good cause for

publishing this interim rule without

prior opportunity for public comment.

Immediate action is necessary to change

the regulations so that they accurately

reflect the current tuberculosis status of

Wisconsin as an accredited-free

(suspended) State. This will provide

prospective cattle and bison buyers with

accurate and up-to-date information.

Because prior notice and other public

procedures with respect to this action

are impracticable and contrary to the

public interest under these conditions,

we find good cause under 5 U.S.C. 553

to make it effective upon publication in

the Federal Register. We will consider

comments that are received within 60

days of publication of this rule in the

Federal Register. After the comment

period closes, we will publish another

document in the Federal Register. It

will include a discussion of any

comments we receive and any

amendments we are making to the rule

as a result of the comments.

Executive Order 12866 and Regulatory

Flexibility Act

This rule has been reviewed under

Executive Order 12866. For this action,

the Office of Management and Budget

has waived its review process required

by Executive Order 12866.

Wisconsin has approximately 61,000

cattle herds containing 3.85 million

cattle and bison. An estimated 98

percent of these herds are owned by

small businesses. Changing the status of

Wisconsin may affect the marketability

of cattle and bison from the State, since

some prospective cattle and bison

buyers prefer to buy cattle and bison

from accredited-free States. This may

result in a small detrimental economic

impact on some small entities. We

anticipate that this action will not have

a significant effect on marketing

patterns in Wisconsin and will therefore

not have a significant effect on those

small entities affected by this action.

Under these circumstances, the

Administrator of the Animal and Plant

Health Inspection Service has

determined that this action will not

have a significant economic impact on

a substantial number of small entities.

Executive Order 12372

This program/activity is listed in the

Catalog of Federal Domestic Assistance

under No. 10.025 and is subject to

Executive Order 12372, which requires

intergovernmental consultation with

State and local officials. (See 7 CFR part

3015, subpart V.)

Executive Order 12778

This rule has been reviewed under

Executive Order 12778, Civil Justice

Reform. This rule: (1) Preempts all State

and local laws and regulations that are

in conflict with this rule; (2) has no

retroactive effect; and (3) does not

require administrative proceedings

before parties may file suit in court

challenging this rule.

Paperwork Reduction Act

This rule contains no information

collection or recordkeeping

requirements under the Paperwork

Reduction Act of 1995 (44 U.S.C. 3501

et seq.).

List of Subjects in 9 CFR Part 77

Animal diseases, Bison, Cattle,

Reporting and recordkeeping

requirements, Transportation,

Tuberculosis.

Accordingly, 9 CFR part 77 is

amended as follows:

PART 77—TUBERCULOSIS

1. The authority citation for part 77

continues to read as follows:

Authority: 21 U.S.C. 111, 114, 114a, 115–

117, 120, 121, 134b, 134f; 7 CFR 2.17, 2.51,

and 371.2(d).

§ 77.1 [Amended]

2. In § 77.1, in the definition for

Accredited-free state, paragraph (2) is

amended by removing ‘‘Wisconsin,’’.

3. In § 77.1, in the definition for

Accredited-free (suspended) State,

paragraph (2) is amended by removing

‘‘None’’ and adding ‘‘Wisconsin’’ in its

place.

Done in Washington, DC, this 21st day of

November 1995.

Lonnie J. King,

Administrator, Animal and Plant Health

Inspection Service.

[FR Doc. 95–30017 Filed 12–7–95; 8:45 am]

BILLING CODE 3410–34–P

CONSUMER PRODUCT SAFETY

COMMISSION

16 CFR Part 1512

Requirements for Bicycles

AGENCY: Consumer Product Safety

Commission.

ACTION: Revocation of rules.

SUMMARY: The Commission revokes two

labeling rules applicable to bicycles

introduced into interstate commerce

between May 11, 1976, and May 11,

1978. The Commission is revoking these

rules because no bicycles offered for

sale at this time are subject to their

requirements.

EFFECTIVE DATE: December 8, 1995.

FOR FURTHER INFORMATION CONTACT:

Allen F. Brauninger, Attorney, Office of

the General Counsel, Consumer Product

Safety Commission, Washington, DC

20207; telephone (301) 504–0980,

extension 2216.

SUPPLEMENTARY INFORMATION:

A. Background

In 1976, the Commission published

regulations prescribing safety

requirements for bicycles under the

authority of the Federal Hazardous

Substances Act (FHSA) (15 U.S.C. 1261

et seq.), to become effective on May 11,

1976. (See the Federal Register notice of

January 28, 1976; 41 FR 4144.) These

regulations are codified at 16 CFR Part

1512, and include requirements for the

design, performance, and labeling of

bicycles.

The regulations are applicable to

bicycles introduced into interstate

commerce on and after May 11, 1976.

Bicycles introduced into interstate

commerce before that date are not

subject to their requirements.

Consequently, on the effective date of

the regulations, bicycles introduced into

interstate commerce before May 11,

1976, could be sold without violating

the regulations or the FHSA.

B. Issuance of Temporary Labeling

Requirements

To help consumers identify bicycles

manufactured to comply with the

regulations, the Commission included a

requirement in the regulations that

bicycles introduced into interstate
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