65450 Federal Register / Vol. 66, No. 244 / Wednesday, December 19, 2001 / Rules and Regulations

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 does not

impose an information collection

burden under the provisions of the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501 et seq.).

The Congressional Review Act, 5

U.S.C. section 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. We will submit a report

containing this rule and other required

information to the United States Senate,

the United States House of

Representatives, and the Comptroller

General of the United States prior to

publication of the rule in the Federal

Register. A major rule cannot take effect

until 60 days after it is published in the

Federal Register. This action is not a

‘‘major rule’’ as defined by 5 U.S.C.

804(2).

Under section 307(b)(1) of the CAA,

petitions for judicial review of this

action must be filed in the United States

Court of Appeals for the appropriate

circuit by February 19, 2002. Filing a

petition for reconsideration by the

Administrator of this final rule does not

affect the finality of this rule for the

purposes of judicial review nor does it

extend the time within which a petition

for judicial review may be filed, and

shall not postpone the effectiveness of

such rule or action. This action may not

be challenged later in proceedings to

enforce its requirements. (See section

307(b)(2).)

List of Subjects 40 CFR Part 62

Environmental protection, Air

pollution control, Carbon monoxide,

Hydrocarbons, Intergovernmental

relations, Lead, Nitrogen dioxide,

Particulate matter, Reporting and

recordkeeping requirements, Sulfur

oxides.

Dated: December 7, 2001.

James B. Gulliford,

Region Administrator, Region 7.

Chapter I, title 40 of the Code of

Federal Regulations is amended as

follows:

PART 62—[AMENDED]

1. The authority citation for part 62

continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

Subpart R—Kansas

2. Section 62.4179 is amended by

adding paragraph (d) to read as follows:

§ 62.4179 Identification of plan.

* * * * *

(d) Amended plan for the control of

air emissions from hospital/medical/

infectious waste incinerators submitted

by the Kansas Department of Health and

Environment on October 25, 2001. This

plan revision establishes a final

compliance date of September 15, 2002,

for two incinerators in Johnson and

Wyandotte Counties, Kansas. The

effective date of the amended plan is

February 19, 2002.

[FR Doc. 01–31238 Filed 12–18–01; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[OPP–301179A; FRL–6814–4]

RIN 2070–AB78

Sethoxydim; Pesticide Tolerance

Technical Correction

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule; technical correction.

SUMMARY: EPA issued a final rule in the

Federal Register of October 10, 2001,

establishing time-limited tolerances for

combined residues of sethoxydim and

its metabolites containing the 2-

cyclohexen-1-one moiety (calculated as

the herbicide). Inadvertently the

regulatory text showed the maximum

permissible level for residues of

sethoxydim in or on ‘‘Sheep, mbyp’’ at

‘‘0.5 ppm’’. This document makes a

technical correction to the regulatory

text of the tolerance regulation in 40

CFR 180.412(b) to correctly show the

maximum permissible level for residues

of sethoxydim in or on ‘‘Sheep, mbyp’’

at ‘‘1.0 ppm’’.

DATES: This regulation is effective

December 19, 2001. Objections and

request for hearings, identified by

docket control number OPP–301179A,

must be received by EPA on or before

February 19, 2002.

ADDRESSES: Written objections and

hearing requests may be submitted by

mail, in person, or by courier. Please

follow the detailed instructions for each

method provided in Adverse comments

may be submitted by mail,

electronically, or in person. Please

follow the detailed instructions for each

method as provided in Unit II. of the

SUPPLEMENTARY INFORMATION. To ensure

proper receipt by EPA, it is imperative

that you identify docket control number

OPP–301179A in the subject line on the

first page of your response.

FOR FURTHER INFORMATION CONTACT: By

mail: Libby Pemberton, Registration

Division (7505C), Office of Pesticide

Programs, Environmental Protection

Agency, 1200 Pennsylvania Ave., NW.,

Washington, DC 20460; telephone

number: (703) 308–9364; e-mail address:

pemberton.libby@epa.gov.

SUPPLEMENTARY INFORMATION:

I. 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 categories and entities may

include, but are not limited to:

Categories NAICS

codes

Examples of Potentially Affected

Entities

Industry 111 Crop production

112 Animal production

311 Food manufacturing

32532 Pesticide manufacturing

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 the table could also

be affected. The North American

Industrial Classification System

(NAICS) codes have been provided to

assist you and others in determining

whether or not this action might apply

to certain entities. If you have questions

regarding the applicability of this action

to a particular entity, consult the person

listed under FOR FURTHER INFORMATION

CONTACT.

II. How Can I Get Additional

Information, Including Copies of This

Document and Other Related

Documents?

1. Electronically. 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

theFederal Register listings at http://

www.epa.gov/fedrgstr/. A frequently

updated electronic version of 40 CFR

part 180 is available at http://

Federal Register / Vol. 66, No. 244 / Wednesday, December 19, 2001 / Rules and Regulations 65451

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

cfrhtml_180/Title_40/40cfr180_00.html,

a beta site currently under development.

2. In person. The Agency has

established an official record for this

action under docket control number

OPP–301179A. The official record

consists of the documents specifically

referenced in this action, and other

information related to this action,

including any information claimed as

Confidential Business Information (CBI).

This official record includes the

documents that are physically located in

the docket, as well as the documents

that are referenced in those documents.

The public version of the official record

does not include any information

claimed as CBI. The public version of

the official record, which includes

printed, paper versions of any electronic

comments submitted during an

applicable comment period is available

for inspection in the Public Information

and Records Integrity Branch (PIRIB),

Rm. 119, Mall #2, 1921 Jefferson Davis

Hwy., Arlington, VA, from 8:30 a.m. to

4 p.m., Monday through Friday,

excluding legal holidays. The PIRIB

telephone number is (703) 305–5805.

III. What Does this Technical

Correction Do?

A final rule to establish time-limited

tolerances for combined residues of

sethoxydim and its metabolites

containing the 2-cyclohexen-1-one

moiety (calculated as the herbicide) on

various commodities was published in

the Federal Register on October 10,

2001 (66 FR 51587) (FRL–6802–3). The

preamble correctly stated that

sethoxydim and its metabolites was to

be established for ‘‘Sheep, mbyp’’ at

‘‘1.0 ppm’’. Inadvertently in the

regulatory text it was listed at ‘‘0.5

ppm’’. This correction is being

published to establish a time-limited

tolerance for ‘‘Sheep, mbyp’’ at ‘‘1.0

ppm’’ in 40 CFR 180.412(b).

IV. Do Any of the Regulatory

Assessment Requirements Apply to this

Action?

This final rule implements a technical

correction to the CFR, and it does not

otherwise impose or amend any

requirements. The Office of

Management and Budget (OMB) has

exempted these types of actions from

review under Executive Order 12866,

entitled Regulatory Planning and

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

Because this rule has been exempted

from review under Executive Order

12866 due to its lack of significance,

this rule is not subject to Executive

Order 13211, Actions Concerning

Regulations That Significantly Affect

Energy Supply, Distribution, or Use (66

FR 28355, May 22, 2001). This final rule

does not contain any information

collections subject to OMB approval

under the Paperwork Reduction Act

(PRA), 44 U.S.C. 3501 et seq., or impose

any enforceable duty or contain any

unfunded mandate as described under

Title II of the Unfunded Mandates

Reform Act of 1995 (UMRA) (Public

Law 104–4). Nor does it require any

prior consultation as specified by

Executive Order 13084, entitled

Consultation and Coordination with

Indian Tribal Governments (63 FR

27655, May 19, 1998); special

considerations as required by Executive

Order 12898, entitled Federal Actions to

Address Environmental Justice in

Minority Populations and Low-Income

Populations (59 FR 7629, February 16,

1994); or require OMB review or any

Agency action under Executive Order

13045, entitled Protection of Children

from Environmental Health Risks and

Safety Risks (62 FR 19885, April 23,

1997). This action does not involve any

technical standards that would require

Agency 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). Since

tolerances and exemptions that are

established on the basis of a petition

under FFDCA section 408(d), such as

the tolerance in this final rule, do not

require the issuance of a proposed rule,

the requirements of the Regulatory

Flexibility Act (RFA) (5 U.S.C. 601 et

seq.) do not apply. In addition, the

Agency has determined that this action

will not have a substantial direct effect

on 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). Executive Order 13132 requires

EPA to develop an accountable process

to ensure ‘‘meaningful and timely input

by State and local officials in the

development of regulatory policies that

have federalism implications.’’ ‘‘Policies

that have federalism implications’’ is

defined in the Executive Order to

include regulations that 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.’’ This final rule

directly regulates growers, food

processors, food handlers and food

retailers, not States. This action does not

alter the relationships or distribution of

power and responsibilities established

by Congress in the preemption

provisions of FFDCA section 408(n)(4).

For these same reasons, the Agency has

determined that this rule does not have

any ‘‘tribal implications’’ as described

in Executive Order 13175, entitled

Consultation and Coordination with

Indian Tribal Governments (65 FR

67249, November 6, 2000). Executive

Order 13175, requires EPA to develop

an accountable process to ensure

‘‘meaningful and timely input by tribal

officials in the development of

regulatory policies that have tribal

implications.’’ ‘‘Policies that have tribal

implications’’ is defined in the

Executive Order to include regulations

that have ‘‘substantial direct effects on

one or more Indian tribes, on the

relationship between the Federal

government and the Indian tribes, or on

the distribution of power and

responsibilities between the Federal

government and Indian tribes.’’ 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.

Thus, Executive Order 13175 does not

apply to this rule.

V. Submission to Congress and the

Comptroller General

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 180

Environmental protection,

Administrative practice and procedure,

Agricultural commodities, Pesticides

and pests, Reporting and recordkeeping

requirements.

65452 Federal Register / Vol. 66, No. 244 / Wednesday, December 19, 2001 / Rules and Regulations

Dated: November 29, 2001.

Peter Caulkins,

Acting Director, Registration Division, Office

of Pesticide Programs.

Therefore, 40 CFR part 180 is

corrected as follows:

PART 180—[AMENDED]

1. The authority citation for part 180

continues to read as follows:

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

2. In § 180.412, the table in paragraph

(b) the entry for ‘‘sheep, mbyp’’ is

corrected to read as follows:

§ 180.412 Sethoxydim; tolerances for

residues.

* * * * *

(b) * * *

Commodity Parts per million Expiration/revocation date

*****

Sheep, mbyp ................................................................................................................................................ 1.0 12/31/03

* * * * *

[FR Doc. 01–30917 Filed 12–18–01; 8:45 am]

BILLING CODE 6560–50–S

DEPARTMENT OF LABOR

Veterans’ Employment and Training

Service

41 CFR Part 61–250

RIN 1293–AA07

Annual Report From Federal

Contractors

AGENCY: Veterans’ Employment and

Training Service, Department of Labor.

ACTION: Interim final rule; request for

comments.

SUMMARY: The Veterans’ Employment

and Training Service (VETS) is

amending its regulations implementing

the VETS–100 reporting requirement.

This amendment revises the final rule

that was published on October 11, 2001

(66 FR 51998), and that went into effect

on November 13, 2001, to withdraw

from the rule the specification for how

Federal contractors filing the report

were to calculate the maximum and

minimum number of employees. The

basic requirement to report the

maximum and minimum number of

employees remains.

DATES: Effective Date: This regulation is

effective December 19, 2001.

Comment Period: Comments must be

received on or before January 18, 2002.

ADDRESSES: Comments should be sent to

Norman Lance, Chief, Investigations and

Compliance Division, VETS, by regular

mail at the U.S. Department of Labor,

Veterans’ Employment and Training

Service, Federal Contractor Program

FRN-Comments—Interim Final Rule,

Federal Contractor Program Office, 6101

Stevenson Avenue, Alexandria, VA

22304, or by e-mail at LanceNorman@dol.gov. Written comments

limited to 10 pages or fewer also may be

transmitted by facsimile (FAX) at (202)

693–4755. Receipt of submissions,

whether by U.S. mail, e-mail or FAX

transmittal, will not be acknowledged;

however, the sender may request

confirmation that a submission has been

received, by telephoning VETS at (202)

693–4731(VOICE)

FOR FURTHER INFORMATION CONTACT:

Norm Lance, Chief, Investigations and

Compliance Division, VETS, at (202)

693–4731 or by e-mail at LanceNorman@dol.gov. Individuals with

hearing impairments may call (800)

670–7008 (TTY/TDD).

SUPPLEMENTARY INFORMATION:

I. Background

The Veterans Employment

Opportunities Act (VEOA) was signed

into law in October 1998. The statute

extended the affirmative action and

reporting responsibilities of Federal

contractors and subcontractors. Among

other changes, the VEOA added the

requirement that contractors and

subcontractors report the maximum

number and the minimum number of

persons they employed during the

reporting period to the Secretary of

Labor.

On October 5, 2000, VETS published

a Notice of Proposed Rulemaking (65 FR

59684) to implement the provisions of

the VEOA, including the requirement

for reporting the minimum and

maximum number of employees. The

Notice of Proposed Rulemaking did not

contain guidance on how covered

contractors were to determine the

minimum and maximum number of

employees. One commenter asked for

clarification about how to determine the

minimum and maximum number of

employees. The commenter asserted

that there could be continuous changes

in employment levels at a company and

that it was unclear exactly when the

minimum and maximum number of

employees had to be determined. To

respond to the concerns of the

commenter, VETS clarified the

regulation language by adding the

following language to the final rule:

The minimum and maximum number of

employees reportable at each hiring location

during the period covered by the report must

be determined as follows: Contractors must

review payroll records for each of the pay

periods included in the report. The minimum

number of employees is the total number of

employees paid in the payroll period in

which the contractor had the fewest number

of employees. The maximum number of

employees is the total number of employees

paid in the payroll period in which the

contractor had the greatest number of

employees.

This new language was inserted in

section 61–250.10(a)(3), and also in

section 61–250.11 under the paragraph

entitled ‘‘Maximum and minimum

number of employees.’’ (66 FR 52004–

52005, October 11, 2001).

It has been brought to the attention of

VETS that the revised language might

have inadvertently increased the record

keeping burden on some contractors.

VETS has learned that it might be

difficult to match up payroll periods,

employees, and physical VETS–100

reporting locations in the way

contemplated by the final rule. For

example, some companies use separate

payrolls and pay dates for nonexempt

and exempt employees within a single

establishment. Other companies

maintain separate payrolls and pay

dates for bargaining unit employees and

nonbargaining unit employees. Some

companies temporarily remove

employees who are on short-term leaves

of absence from their payrolls. These

absent employees, however, still may be

considered ‘‘active’’ employees for

purposes of the VETS–100 report.

To permit contractors flexibility in

how they determine the maximum and

minimum number of employees, VETS

is making two amendments to part 61–

250. In each place in which the

instructions quoted above were placed

in the rule, the instructions now are

being withdrawn. Accordingly,

contractors will be required to report the

maximum and minimum number of