Federal Register / Vol. 66, No. 37 / Friday, February 23, 2001 / Rules and Regulations 11231

effective date of this final rule, to reflect

the name change.

EFFECTIVE DATE: 0901 UTC, May 17,

2001.

FOR FURTHER INFORMATION CONTACT: Ken

McElroy, Airspace and Rules Division,

ATA–400, Office of Air Traffic Airspace

Management, Federal Aviation

Administration, 800 Independence

Avenue, SW., Washington, DC 20591;

telephone: (202) 267–8783.

SUPPLEMENTARY INFORMATION:

The Rule

This action amends 14 CFR part 71

(part 71) by changing the legal

descriptions of three Federal airways

that have ‘‘Douglas VOR/DME’’

included as part of their route structure.

Currently, the Douglas VOR/DME and

the Converse County, WY Airport share

the same location identifier. The fact

that the VOR/DME and the airport are

not collocated has led to confusion

among users. To eliminate this

confusion, the Douglas VOR/DME will

be renamed the ‘‘Hipsher VOR/DME,’’

and all the airways with ‘‘Douglas VOR/

DME’’ included in their legal

descriptions will be amended to reflect

the name change. The name change of

the VOR/DME will coincide with the

effective date of this rulemaking action.

Since this action merely involves

editorial changes in the legal

description of three Federal airways,

and does not involve a change in the

dimensions or operating requirements of

that airspace, notice and public

procedure under 5 U.S.C. 553(b) are

unnecessary.

The FAA has determined that this

regulation only involves an established

body of technical regulations for which

frequent and routine amendments are

necessary to keep them operationally

current. Therefore, this regulation: (1) Is

not a ‘‘significant regulatory action’’

under Executive Order 12866; (2) is not

a ‘‘significant rule’’ under DOT

Regulatory Policies and Procedures (44

FR 11034; February 26, 1979); and (3)

does not warrant preparation of a

Regulatory Evaluation as the anticipated

impact is so minimal. Since this is a

routine matter that will only affect air

traffic procedures and air navigation, it

is certified that this rule will not have

a significant economic impact on a

substantial number of small entities

under the criteria of the Regulatory

Flexibility Act.

Domestic VOR Federal airways are

published in paragraph 6010(a) of FAA

Order 7400.9H, dated September 1,

2000, and effective September 16, 2000,

which is incorporated by reference in 14

CFR 71.1. The airways listed in this

document would be published

subsequently in the order.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference,

Navigation (air).

Adoption of the Amendment

In consideration of the foregoing, the

Federal Aviation Administration

amends 14 CFR part 71 as follows:

PART 71—DESIGNATION OF CLASS A,

CLASS B, CLASS C, CLASS D, AND

CLASS E, AIRSPACE AREAS;

AIRWAYS; ROUTES; AND REPORTING

POINTS

1. The authority citation for part 71

continues to read as follows:

Authority: 49 U.S.C. 106(g), 40103, 40113,

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–

1963 Comp., p. 389.

§ 71.1 [Amended]

2. The incorporation by reference in

14 CFR 71.1 of the Federal Aviation

Administration Order 7400.9H,

Airspace Designations and Reporting

Points, dated September 1, 2000, and

effective September 16, 2000, is

amended as follows:

Paragraph 6010(a)—Domestic VOR

Federal Airways

* * * * *

V–247 [Revised]

From Scottsbluff, NE, 75 MSL, INT

Scottsbluff 307° and Hipsher, WY, 109°

radials, 75 MSL, Hipsher; 90 miles 75 MSL,

Crazy Woman, WY; INT Crazy Woman 347°

and Sheridan, WY, 137° radials; Sheridan;

INT Sheridan 327° and Billings, MT, 116°

radials; Billings; INT Billings 301° and

Helena, MT, 089° radials; to Helena.

* * * * *

V–254 [Revised]

From Hipsher, WY, via Gillette, WY, via

Miles City, MT; to Glasgow, MT.

* * * * *

V–547 [Revised]

From Cheyenne, WY; INT Cheyenne 002°

and Hipsher 152° radials; Hipsher, WY; to

Casper, WY.

* * * * *

Issued in Washington, DC, on February 15,

2001.

Reginald C. Matthews,

Manager, Airspace and Rules Division.

[FR Doc. 01–4542 Filed 2–22–01; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF COMMERCE

Bureau of the Census

15 CFR Part 101

[Docket No.: 000609172–1040–03]

RIN 0607–AA33

Report of Tabulations of Population to

States and Localities Pursuant to 13

U.S.C. 141(c) and Availability of Other

Population Information; Revocation of

Delegation of Authority

AGENCY: Department of Commerce.

ACTION: Final rule.

SUMMARY: The Secretary of Commerce is

issuing a final rule to revoke a

delegation of authority to the Director of

the Census. By that delegation the

Secretary authorized the Director of the

Census to make a determination

regarding the methodology to be used in

calculating the tabulations of population

to be reported to States and localities

pursuant to 13 U.S.C. 141(c). This final

rule will require that this determination

be made by the Secretary, and

establishes an open and fair decisionmaking process.

DATES: This rule is effective February

23, 2001.

FOR FURTHER INFORMATION CONTACT:

Alden F. Abbott, Acting General

Counsel, U.S. Department of Commerce,

(202) 482–1328.

SUPPLEMENTARY INFORMATION: Through

the Census Act, which is codified in

title 13 of the United States Code,

Congress has delegated to the Secretary

of Commerce its broad constitutional

authority over the decennial census (see

U.S. Constitution Art. I, Sec. 2, Cl.3). On

October 6, 2000, the Commerce

Department issued a final rule that set

forth how the Bureau of the Census will

carry out its responsibilities to report

tabulations of population to States and

localities pursuant to the Census Act.

See 65 FR 59712 (October 6, 2000). That

rule established a process for the release

of data to the States and codified the

process by which a committee of senior

career officials of the Census Bureau

would advise the Director of the Census.

In addition, that rule contained a

delegation of authority from the

Secretary to the Director of the Census

to make a determination regarding the

methodology to be used in calculating

the tabulations of population to be

reported to States and localities

pursuant to 13 U.S.C. 141(c).

The October 6, 2000, final rule

delegated the methodological

determination to the Census Director.

Reflecting the character of its

11232 Federal Register / Vol. 66, No. 37 / Friday, February 23, 2001 / Rules and Regulations

responsibilities, the position of Census

Director is held by a person who is

appointed by the President and

confirmed by the Senate. At the present

time, the Deputy Director, a career civil

servant, is serving as Acting Director. It

is unlikely that a new Director will be

nominated by the President and

confirmed by the Senate prior to the

time that this decision must be made.

Consistent with Congress’ delegation of

authority specifically to the Secretary to

make the decision regarding the

tabulations contemplated by 13 U.S.C.

141(c), and in recognition of the

accountability properly expected of the

person making the methodological

decisions underlying those tabulations,

the Secretary has determined that, in the

current circumstances, he is the

appropriate official to make the final

determinations concerning the

tabulations of populations to be

reported pursuant to 13 U.S.C. 141(c).

The Secretary will continue to seek the

advice of the statistical experts at the

Census Bureau to inform his decision.

The Secretary, in his discretion, might

also seek the advice of other individuals

with knowledge of this issue.

The October 6, 2000, rule further

established a process for the release of

data to the States to meet the

requirements of 13 U.S.C. 141(c). The

process in the regulation envisioned two

scenarios. First, where the decision was

made to use sampling to produce the

tabulations of population to report to

States and localities after a

recommendation by the Census Bureau

committee to do so, the October 6, 2000,

rule incorporated the requirement of

section 209(j) of Public Law 105–119 to

also release simultaneously data

prepared without the use of such

statistical method. Second, the October

6, 2000, rule adopted a new requirement

(not mandated by section 209(j)) that, if

the decision was made to produce

tabulations of population without the

use of statistical adjustment

notwithstanding a recommendation by

the Census Bureau committee to do so,

data prepared with the use of such

method would be made available to the

public simultaneously with the release

of data prepared without the use of

statistical adjustment. Not discussed in

the October 6, 2000, rule was the release

of data when the Census Bureau

committee recommended statistical

adjustment not be used and that

recommendation was adopted. Because

the Department can not rule out

situations in which the release of data

produced by statistical adjustment

might be inappropriate (for instance the

release of statistics with material error),

the Secretary has decided to remove this

section of the regulation for further

study.

Administrative Law Requirements

Executive Order 12866

This final rule has been determined to

be not significant under section 3(f) of

Executive Order 12866.

Administrative Procedure Act

Pursuant to authority at 5 U.S.C.

553(b)(A), this rule of agency

organization, procedure and practice is

not subject to the requirement to

provide prior notice and an opportunity

for public comment. This rule of agency

organization, procedure and practice is

not a substantive rule subject to the

requirement, in 5 U.S.C. 553(d), for a 30-

day delay in effective date.

Paperwork Reduction Act

This final rule contains no new

information collection requests subject

to the Paperwork Reduction Act.

Regulatory Flexibility Act

Because this rule is not subject to the

requirement to provide prior notice and

an opportunity for public comment

under 5 U.S.C. 553, or any other law, it

is not subject to the analytical

requirements of the Regulatory

Flexibility Act, 5 U.S.C. 601, et seq.

Unfunded Mandate Reform Act of 1995

This rule contains no Federal

mandates, as that term is defined in the

Unfunded Mandates Reform Act, on

State, local and tribal governments or

the private sector.

Executive Order 12630

This rule does not contain policies

that have takings implications.

List of Subjects in 15 CFR Part 101

Administrative practice and

procedure, Census data.

Donald L. Evans,

Secretary of Commerce.

For the reasons set out in the

preamble, 15 CFR part 101 is amended

as follows:

PART 101—RELEASE OF DECENNIAL

CENSUS POPULATION INFORMATION

1. The authority citation for part 101

continues to read as follows:

Authority: 5 U.S.C. 301; 13 U.S.C. 4, 141,

195; 15 U.S.C. 1512.

2. Section 101.1 is revised to read as

follows:

§ 101.1 Report of tabulations of population

to States and localities pursuant to 13

U.S.C. 141(c).

(a)(1) The Secretary of Commerce

shall make the final determination

regarding the methodology to be used in

calculating the tabulations of population

reported to States and localities

pursuant to 13 U.S.C. 141(c). The

determination of the Secretary will be

published in the Federal Register.

(2) The Secretary shall not make the

determination specified in paragraph

(a)(1) of this section until after he or she

receives the recommendation of the

Director of the Census, together with the

report of the Executive Steering

Committee for A.C.E. Policy, in

accordance with paragraph (b)(1) of this

section.

(b)(1) The Executive Steering

Committee for A.C.E. Policy shall

prepare a written report to the Director

of the Census analyzing the

methodologies that may be used in

making the tabulations of population

reported to States and localities

pursuant to 13 U.S.C. 141(c), and the

factors relevant to the possible choices

of methodology. The Director of the

Census will forward the Executive

Steering Committee for A.C.E. Policy

report and his or her recommendation

on methodology, if any, to the Secretary

of Commerce.

(2) The recommendation of the

Director of the Census, together with

report of the Executive Steering

Committee for A.C.E. Policy described

in paragraph (b)(1) of this section, shall

be released to the public at the same

time it is delivered to the Secretary.

This release to the public shall include,

but is not limited to, posting of the

report on the Bureau of the Census

website and publication of the report in

the Federal Register.

(3) The Executive Steering Committee

for A.C.E. Policy is composed of the

following employees of the Bureau of

the Census:

(i) Deputy Director and Chief

Operating Officer;

(ii) Principal Associate Director and

Chief Financial Officer;

(iii) Principal Associate Director for

Programs;

(iv) Associate Director for Decennial

Census (Chair);

(v) Assistant Director for Decennial

Census;

(vi) Associate Director for

Demographic Programs;

(vii) Associate Director for

Methodology and Standards;

(viii) Chief; Planning, Research, and

Evaluation Division;

(ix) Chief; Decennial Management

Division;

Federal Register / Vol. 66, No. 37 / Friday, February 23, 2001 / Rules and Regulations 11233

(x) Chief; Decennial Statistical Studies

Division;

(xi) Chief; Population Division; and

(xii) Senior Mathematical Statistician.

§ 101.2 [Removed]

3. Section 101.2 is removed.

[FR Doc. 01–4438 Filed 2–22–01; 8:45 am]

BILLING CODE 3510–07–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD07–01–014]

Drawbridge Operation Regulations;

Siesta Key Bridge (SR 758), Sarasota,

FL

AGENCY: Coast Guard, DOT.

ACTION: Notice of temporary deviation

from regulations.

SUMMARY: The Commander, Seventh

Coast Guard District, has approved a

temporary deviation from the

regulations governing the operation of

the Siesta Key Bridge (SR 758) across

the Gulf Intracoastal Waterway, mile

71.6, Sarasota County, Sarasota, Florida.

This deviation allows the drawbridge

owner or operator to only open one leaf

of the drawbridge, from 8 a.m. until 5

p.m., on March 5, 2001 and March 6,

2001. This temporary deviation is

required to allow the bridge owner to

safely complete maintenance on the

bridge.

DATES: This deviation is effective from

8 a.m. on March 5, 2001 until 5 p.m. on

March 6, 2001.

FOR FURTHER INFORMATION CONTACT: Mr.

Barry Dragon, Chief, Operations Section,

Seventh Coast Guard District, Bridge

Section at (305) 415–6743.

SUPPLEMENTARY INFORMATION: The Siesta

Key Bridge across the Gulf Intracoastal

Waterway at Sarasota County, Sarasota,

is a double leaf bridge with a vertical

clearance of 21 feet above mean high

water (MHW) measured at the fenders in

the closed position with a horizontal

clearance of 90 feet. On January 24,

2001, the Florida Department of

Transportation, the drawbridge owner,

requested a deviation from the current

operating regulations in 33 CFR

117.287(b–1). These regulations require

the draw to open on signal, except from

11 a.m. to 6 p.m. daily, the draw need

only open on the hour, 20 minutes past

the hour, and 40 minutes past the hour.

This temporary deviation was requested

to allow necessary maintenance to the

drawbridge in a critical time sensitive

manner.

The District Commander has granted

a temporary deviation from the

operating requirements listed in 33 CFR

117.287(b–1) for the purpose of

maintenance on the drawbridge. Under

this deviation, the Siesta Key Bridge

need only open one leaf from 8 a.m.

until 5 p.m., March 5, 2001 and March

6, 2001.

Dated: February 14, 2001.

Greg E. Shapley,

Chief, Bridge Administration, Seventh Coast

Guard District.

[FR Doc. 01–4548 Filed 2–22–01; 8:45 am]

BILLING CODE 4910–15–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD07–01–013]

Drawbridge Operation Regulations;

Cortez Bridge (SR 684), Cortez, FL

AGENCY: Coast Guard, DOT.

ACTION: Notice of temporary deviation

from regulations.

SUMMARY: The Commander, Seventh

Coast Guard District, has approved a

temporary deviation from the

regulations governing the operation of

the Cortez Bridge across the Gulf

Intracoastal Waterway, mile 87.4,

Sarasota County, Cortez, Florida. This

deviation allows the drawbridge owner

or operator to only open one leaf of the

drawbridge, from 8 a.m. until 5 p.m., on

March 12, 2001 and March 13, 2001.

This temporary deviation is required to

allow the bridge owner to safely

complete maintenance on the bridge.

DATES: This deviation is effective from

8 a.m. on March 12, 2001 until 5 p.m.

on March 13, 2001.

FOR FURTHER INFORMATION CONTACT: Mr.

Barry Dragon, Chief, Operations Section,

Seventh Coast Guard District, Bridge

Section at (305) 415–6743.

SUPPLEMENTARY INFORMATION: The

Cortez Bridge across the Gulf

Intracoastal Waterway at Sarasota

County, Cortez, FL is a double leaf

bridge with a vertical clearance of 25.5

feet above mean high water (MHW)

measured at the fenders in the closed

position with a horizontal clearance of

90 feet. On January 24, 2001, the Florida

Department of Transportation, the

drawbridge owner, requested a

deviation from the current operating

regulations in 33 CFR 117.287(d)(1).

Those regulations require the draw to

open on signal, except from 7 a.m. to 6

p.m., the draw need only open on the

hour, twenty minutes past the hour, and

forty minutes past the hour. This

temporary deviation was requested to

allow necessary maintenance to the

drawbridge in a critical time sensitive

manner.

The District Commander has granted

a temporary deviation from the

operating requirements listed in 33 CFR

117.287(d)(1) for the purpose of

maintenance on the drawbridge. Under

this deviation, the Cortez Bridge need

only open one leaf from 8 a.m. until 5

p.m. on March 12, 2001 and March 13,

2001.

Dated: February 14, 2001.

Greg E. Shapley,

Chief, Bridge Administration, Seventh Coast

Guard District.

[FR Doc. 01–4547 Filed 2–22–01; 8:45 am]

BILLING CODE 4910–15–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 63

[AD–FRL–6768–2]

RIN 2060–AH47

National Emission Standards for

Hazardous Air Pollutant Emissions:

Group IV Polymers and Resins

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule; amendment.

SUMMARY: The EPA is issuing this final

rule amendment to indefinitely stay the

current compliance date of February 27,

2001, for the provisions pertaining to

process contact cooling towers (PCCT)

for existing affected sources producing

poly (ethylene terephthalate) (PET)

using the continuous terephthalic acid

(TPA) high viscosity multiple end

finisher process. On August 29, 2000,

the EPA issued a direct final rule (65 FR

52319) and a parallel proposal (65 FR

52392) to stay the compliance date

indefinitely because the EPA is in the

process of responding to a request to

reconsider relevant portions of the rule

which may result in changes to the

emission limitation applying to PCCT in

this subcategory.

On September 20, 2000, the EPA

received an adverse comment on the

direct final rule for an indefinite stay of

compliance. Therefore, the EPA

withdrew the direct final rule (65 FR

64161; October 26, 2000). After

considering the comments received, the

EPA is promulgating the indefinite stay

of compliance through this amendment.