Federal Register / Vol. 66, No. 29 / Monday, February 12, 2001 / Rules and Regulations 9769

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

approving Maryland’s NSR regulations

may not be challenged later in

proceedings to enforce its requirements.

(See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Hydrocarbons,

Incorporation by reference, Ozone,

Reporting and recordkeeping

requirements.

Dated: December 15, 2000.

Thomas C. Voltaggio,

Acting Regional Administrator, Region III.

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 et seq.

Subpart V—Maryland

2. Section 52.1070 is amended by

adding paragraph (c)(148) to read as

follows:

§ 52.1070 Identification of plan.

* * * * *

(c) * * *

(148) Revisions to the Maryland State

Implementation Plan submitted on June

8, 1993 and September 25, 2000 by the

Maryland Department of the

Environment.

(i) Incorporation by Reference

(A) Letter dated June 8, 1993 from the

Maryland Department of the

Environment transmitting revisions to

COMAR 26.11.01, 26.11.02, and

26.11.06, as well as a new COMAR

26.11.17.

(B) The following provisions of

COMAR 26.11.01.01 (General

Administrative Provisions—

Definitions), 26.11.02 (Permits,

Approvals, and Registration), 26.11.06

(General Emission Standards,

Prohibitions, and Restrictions), and

26.11.17 (Requirements for Major New

Sources and Modifications), effective

April 26, 1993:

(1) Revised COMAR 26.11.01.01J

(definition of ‘‘Modification’’) [currently

cited as COMAR 26.11.01.01B(20)].

(2) New COMAR 26.11.01.01M–1

definition of ‘‘New Source Review

Source’’ (NSR Source) [currently cited

as COMAR 26.11.01.01B(24)], replacing

COMAR 26.11.01.01L (‘‘New Source

Impacting on a Non-Attainment Area—

NSINA’’).

(3) Revised COMAR 26.11.02.03A(1),

.03B, .09A (introductory paragraph),

09A(5), .10C (introductory paragraph),

.11A (introductory paragraph), .11A(3).

(4) Revised COMAR 26.11.06.06E(1).

(5) New COMAR 26.11.17.01A;

.01B(1)(a), (b); .01B(2) through .01B(14);

.01B(15)(a)[introductory paragraph

only], (c), (d), (e)[except iii], (f); .01B(16)

through (18); .02B through .02F; .03A;

.03B(1), .03B(2), .03B(3)(a) through

.03B(3)(d)[except introductory

paragraph]; .03B(4); .03B(5); .03C; .03D;

.05A; .05B(1); .05B(3). This rule replaces

COMAR 26.11.06.11.

(C) Letter dated September 25, 2000

from the Maryland Department of the

Environment transmitting revisions to

COMAR 26.11.17.

(D) The following provisions of

COMAR 26.11.17 (Requirements for

Major New Sources and Modifications),

effective October 2, 2000: .01B(1)(c);

.01B(15)(a)(i), .01B(15)(a)(ii),

.01B(15)(b), .01B(15)(e)(iii); .02A(1),

.02A(2); .03B(3), .03B(5),

.03B(6)[formerly .03B(5)], .04A(1),

.04A(2), .04B, .04C(1), .04C(2); .05B(2).

[FR Doc. 01–3381 Filed 2–9–01; 8:45 am]

BILLING CODE 6560–50–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[DC–2025, MD–3064, VA–5052;

FRL–6943–9]

Approval and Promulgation of Air

Quality Implementation Plans; District

of Columbia, Maryland, Virginia; Post

1996 Rate-of-Progress Plans, OneHour Ozone Attainment

Demonstrations and Attainment Date

Extension for the Metropolitan

Washington D.C. Ozone Nonattainment

Area; Correction

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule; correcting

amendment.

SUMMARY: This document corrects an

error in the amendatory instruction in a

final rule pertaining to EPA’s approval

of the Maryland portion of the post 1996

rate-of-progress plans, one-hour ozone

attainment demonstrations and

attainment date extension for the

Metropolitan Washington D.C. Ozone

Nonattainment Area.

EFFECTIVE DATE: February 12, 2001.

SUPPLEMENTARY INFORMATION: EPA

published a document on January 3,

2001 (66 FR 586) inadvertently adding

paragraph (d) to § 52.1076 when that

paragraph already existed. The intent of

that rule was to amend that section by

adding a paragraph (e). This document

corrects the erroneous amendatory

language.

Correction

In the final rule (FR Docket 01–61)

published in the Federal Register on

January 3, 2001 (66 FR 586), on page

632 in the first column, the fifth

amendatory instruction is revised to

read—‘‘5. Section 52.1076 is amended

by adding paragraphs (e) and (g) to read

as follows:’’ and the added paragraph

text originally designated as (d) is now

correctly designated as paragraph (e).

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. We

have determined that there is good

cause for making today’s rule final

without prior proposal and opportunity

for comment because we are merely

correcting an incorrect citation in a

previous action. Thus, notice and public

procedure are unnecessary. We find that

this constitutes good cause under 5

U.S.C. 553(b)(B).

Administrative Requirements

Under Executive Order 12866 (58 FR

51735, October 4, 1993), this action is

not a ‘‘significant regulatory action’’ and

is therefore not subject to review by the

Office of Management and Budget.

Because the agency has made a ‘‘good

cause’’ finding that this action is not

subject to notice-and-comment

requirements under the Administrative

Procedures Act or any other statute as

indicated in the SUPPLEMENTARY

INFORMATION section above, it is not

subject to the regulatory flexibility

provisions of the Regulatory Flexibility

Act (5 U.S.C 601 et seq), or to sections

202 and 205 of the Unfunded Mandates

Reform Act of 1995 (UMRA) (Pub. L.

104–4). In addition, this action does not

significantly or uniquely affect small

governments or impose a significant

intergovernmental mandate, as

described in sections 203 and 204 of

UMRA. This rule also 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,

as specified by Executive Order 13175

(65 FR 67249, November 9, 2000), nor

will it have substantial direct effects on

the States, on the relationship between

the national government and the States,

9770 Federal Register / Vol. 66, No. 29 / Monday, February 12, 2001 / Rules and Regulations

or on the distribution of power and

responsibilities among the various

levels of governments, as specified by

Executive Order 13132 (64 FR 43255,

August 10, 1999). This rule also is not

subject to Executive Order 13045 (62 FR

19885, April 23, 1997), because it is not

economically significant.

This technical correction action does

not involve technical standards; thus

the requirements of section 12(d) of the

National Technology Transfer and

Advancement Act of 1995 (15 U.S.C.

272 note) do not apply. The rule also

does not involve special consideration

of environmental justice related issues

as required by Executive Order 12898

(59 FR 7629, February 16, 1994). In

issuing this rule, EPA has taken the

necessary steps to eliminate drafting

errors and ambiguity, minimize

potential litigation, and provide a clear

legal standard for affected conduct, as

required by section 3 of Executive Order

12988 (61 FR 4729, February 7, 1996).

EPA has complied with Executive Order

12630 (53 FR 8859, March 15, 1998) by

examining the takings implications of

the rule in 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

Paperwork Reduction Act of 1995 (44

U.S.C. 3501 et seq).

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. Section 808 allows

the issuing agency to make a rule

effective sooner than otherwise

provided by the CRA if the agency

makes a good cause finding that notice

and public procedure is impracticable,

unnecessary or contrary to the public

interest. This determination must be

supported by a brief statement. 5 U.S.C.

808(2). As stated previously, EPA had

made such a good cause finding,

including the reasons therefore, and

established an effective date of February

2, 2001. 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 the rule in

the Federal Register. This correction to

40 CFR 52.1076(e) for Maryland is not

a ‘‘major rule’’ as defined by 5 U.S.C.

804(2).

Dated: February 5, 2001.

Thomas C. Voltaggio,

Acting Regional Administrator, EPA Region

III.

[FR Doc. 01–3504 Filed 2–9–01; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[OPP–301100; FRL–6762–9]

RIN 2070–AB78

Carboxin; Extension of Tolerance for

Emergency Exemptions

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This regulation re-establishes

a time-limited tolerance for combined

residues of the fungicide carboxin (5,6-

dihydro-2-meth-yl-1,4-oxathiin-3-

carboxanilide) and its metabolite 5,6-

dihydro-3-carboxanilide-2-methyl-1,4-

oxathiin-4-oxide (calculated as

carboxin) in or on onions, dry bulb at

0.2 part per million (ppm) for an

additional 12 month period. This

tolerance will expire and is revoked on

December 31, 2001. This action is in

response to EPA’s granting of an

emergency exemption under section 18

of the Federal Insecticide, Fungicide,

and Rodenticide Act (FIFRA)

authorizing use of the pesticide on

onions, dry bulb. Section 408(l)(6) of the

Federal Food, Drug, and Cosmetic Act

(FFDCA) requires EPA to establish a

time-limited tolerance or exemption

from the requirement for a tolerance for

pesticide chemical residues in food that

will result from the use of a pesticide

under an emergency exemption granted

by EPA under section 18 of FIFRA.

DATES: This regulation is effective

February 12, 2001. Objections and

requests for hearings, identified by

docket control number OPP–301100,

must be received by EPA on or before

April 13, 2001.

ADDRESSES: Written objections and

hearing requests may be submitted by

mail, in person, or by courier. Please

follow the detailed instructions for each

method as provided in Unit III. of the

SUPPLEMENTARY INFORMATION. To ensure

proper receipt by EPA, your objections

and hearing requests must identify

docket control number OPP–301100 in

the subject line on the first page of your

response.

FOR FURTHER INFORMATION CONTACT: By

mail: Dan Rosenblatt, Registration

Division (7505C), Office of Pesticide

Programs, Environmental Protection

Agency, 1200 Pennsylvania Ave., NW.,

Washington, DC 20460; telephone

number: (703) 308–9375; and e-mail

address: rosenblatt.dan@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

You may be 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.

B. 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

the Federal Register listings at http://

www.epa.gov/fedrgstr/.

2. In person. The Agency has

established an official record for this

action under docket control number

OPP–301100. The official record

consists of the documents specifically

referenced in this action, and other

information related to this action,