Ocean Dumping; De-Designation of Ocean Dredged Material Disposal Sites and Designation of New Sites; Correction, 37696-37698 [05-12941]
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37696
Federal Register / Vol. 70, No. 125 / Thursday, June 30, 2005 / Rules and Regulations
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 section 408(n)(4) of the
FFDCA. 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. Congressional Review Act
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
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and pests, Reporting and recordkeeping
requirements.
Dated: June 21, 2005.
Losi Rossi,
Director, Registration Division, Office of
Pesticide Programs.
Therefore, 40 CFR chapter I is
amended as follows:
I
PART 180—Tolerances and
exemptions from tolerances for
pesticide chemicals in food
1. The authority citation for part 180
continues to read as follows:
I
Authority: 21 U.S.C. 321(q), 346a and 371.
Subpart C—[Amended]
§ 180.110
[Amended]
2. In § 180.110, in the table to
paragraph (b), amend the entry for
walnut by revising the expiration date
‘‘12/31/05’’ to read ‘‘12/31/07.’’
I
§ 180.209
[Amended]
3. In § 180.209, in the table to
paragraph (b), amend the entry for
watermelon by revising the expiration
date ‘‘6/30/05’’ to read ‘‘6/30/07.’’
I
§ 180.442
[Amended]
4. In § 180.442, in the table to
paragraph (b), amend the entry for sweet
potato, roots by revising the expiration
date ‘‘12/31/05’’ to read ‘‘12/31/08.’’
I
§ 180.443
[Amended]
5. In § 180.443, in the table to
paragraph (b), amend the entry for
pepper by revising the expiration date
‘‘6/30/05’’ to read ‘‘6/30/08.’’
I
§ 180.474
[Amended]
6. In § 180.474, in the table to
paragraph (b), amend the entries for
barley, grain; barley, hay; barley, straw;
wheat, hay; and wheat, straw by revising
the expiration date ‘‘06/30/05’’ to read
‘‘6/30/08.’’
I
§ 180.1240 Thymol; exemption from the
requirement of a tolerance.
Time-limited exemptions from the
requirement of a tolerance are
established for residues of thymol on
honey and honeycomb in connection
with use of the pesticide under section
18 emergency exemptions granted by
the EPA. These time-limited exemptions
from the requirement of a tolerance for
residues of thymol will expire and are
revoked on June 30, 2007.
I 10. Section 180.1241 is revised to read
as follows:
§ 180.1241 Eucalyptus oil; exemption from
the requirement of a tolerance.
Time-limited exemptions from the
requirement of a tolerance are
established for residues of eucalyptus
oil on honey and honeycomb in
connection with use of the pesticide
under section 18 emergency exemptions
granted by the EPA. These time-limited
exemptions from the requirement of a
tolerance for residues of eucalyptus oil
will expire and are revoked on June 30,
2007.
[FR Doc. 05–12919 Filed 6–29–05; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 228
[FRL–7930–7]
Ocean Dumping; De-Designation of
Ocean Dredged Material Disposal Sites
and Designation of New Sites;
Correction
Environmental Protection
Agency (EPA).
ACTION: Final rule; correction.
AGENCY:
SUMMARY: In the Federal Register on
March 15, 2005 (70 FR 12632), the
Environmental Protection Agency (EPA)
proposed to correct a final rule that
appeared in the Federal Register of
March 2, 2005 (70 FR 10041). The
§ 180.510 [Amended]
document de-designated certain ocean
I 7. In § 180.510, in the table to
dredged material disposal sites and
paragraph (b), amend the entry for bean, designated new sites located off the
succulent by revising the expiration date mouth of the Columbia River near the
‘‘6/30/05’’ to read ‘‘6/30/08.’’
states of Oregon and Washington. The
coordinates for one of those sites, the
§ 180.527 [Amended]
Shallow Water site, contained a
I 8. In § 180.527, in the table to
typographical error in the Overall Site
paragraph (b), for all the entries, revise
Coordinates. In today’s final rule, EPA
the expiration date ‘‘6/30/05’’ to read ‘‘6/ finalizes the correction of the
30/07.’’
coordinates for the Shallow Water site.
DATES: This final rule is effective June
Subpart D—[Amended]
30, 2005.
ADDRESSES: EPA has established a
I 9. Section 180.1240 is revised to read
docket for this action which is available
as follows:
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Federal Register / Vol. 70, No. 125 / Thursday, June 30, 2005 / Rules and Regulations
for inspection at the EPA Region 10
Seattle Office. For access to the docket,
contact John Malek, Ocean Dumping
Coordinator, U.S. Environmental
Protection Agency, Region 10 (EPTA–
083), 1200 Sixth Avenue, Seattle, WA
98101–1128, telephone at (206) 553–
1286, e-mail: malek.john@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
In the Federal Register of Tuesday,
March 15, 2005 (70 FR 12632), EPA
proposed to correct a typographical
error in the coordinates for the Shallow
Water site, designated as an ocean
dredged material disposal site by EPA
on Wednesday, March 2, 2005 (70 FR
10041)—EPA’s final rule to de-designate
and to designate ocean dredged material
disposal sites off the mouth of the
Columbia River near the states of
Oregon and Washington. The
typographical error was printed in the
Overall Site Coordinates for the Shallow
Water site as published on page 10055
in Federal Register. EPA did not receive
any comments on the proposed
correction. Today, EPA finalizes the
correction of the typographical error.
II. Statutory and Executive Order
Reviews
1. Executive Order 12866
Under Executive Order 12866 (58 FR
51735, October 4, 1993), the Agency
must determine whether the regulatory
action is ‘‘significant’’ and, therefore,
subject to OMB review and the
requirements of the Executive Order.
The Order defines ‘‘significant
regulatory action’’ as one that is likely
to result in a rule that may:
(1) Have an annual effect on the
economy of $100 million or more, or
adversely affect in a material way, the
economy, a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
State, local or tribal governments or
communities;
(2) Create a serious inconsistency or
otherwise interfere with an action taken
or planned by another agency;
(3) Materially alter the budgetary
impact of entitlements, grants, user fees,
or loan programs, or the rights and
obligations of recipients thereof; or
(4) Raise novel legal or policy issues
arising out of legal mandates, the
President’s priorities, or the principles
set forth in the Executive Order.
It has been determined that this final
rule, which is a technical correction, is
not a ‘‘significant regulatory action’’
under the terms of Executive Order
12866 and is, therefore, not subject to
OMB review.
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15:12 Jun 29, 2005
Jkt 205001
2. Paperwork Reduction Act
The Paperwork Reduction Act, 44
U.S.C. 3501 et seq., is intended to
minimize the reporting and recordkeeping burden on the regulated
community, as well as to minimize the
cost of Federal information collection
and dissemination. In general, the Act
requires that information requests and
recordkeeping requirements affecting
ten or more non-Federal respondents be
approved by OPM. Since the final rule
does not establish or modify any
information or recordkeeping
requirements, it is not subject to the
provisions of the Paperwork Reduction
Act.
3. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA),
as amended by the Small Business
Regulatory Enforcement Fairness Act
(SBREFA), 5 U.S.C. 601 et seq.,
generally requires Federal agencies to
prepare a regulatory flexibility analysis
of any rule subject to notice and
comment rulemaking requirements
under the Administrative Procedure Act
or any other statute unless the agency
certifies that the rule will not have a
significant economic impact on a
substantial number of small entities.
Small entities include small businesses,
small organizations, and small
governmental jurisdictions. For
purposes of assessing the impacts of
today’s rule on small entities, small
entity is defined as: (1) A small
business, as codified in the Small
Business Size Regulations at 13 CFR
part 121; (2) a small governmental
jurisdiction that is a government of a
city, county, town, school district or
special district with a population of less
that 50,000; and (3) a small organization
that is any not-for-profit enterprise
which is independently owned and
operated and is not dominant in its
field. EPA has determined that this final
rule, a technical correction, will not
have a significant impact on small
entities. After considering the economic
impacts of today’s rule on small entities,
I certify that this action will not have a
significant economic impact on a
substantial number of small entities.
4. Unfunded Mandates
Title II of the Unfunded Mandates
Reform Act (UMRA) of 1995 (Pub. L.
104–4) establishes requirements for
Federal agencies to assess the effects of
their regulatory actions on State, local
and tribal governments and the private
sector. Under section 202 of the UMRA,
EPA generally must prepare a written
statement, including a cost-benefit
analysis, for proposed and final rules
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37697
with ‘‘Federal mandates’’ that may
result in expenditures to State, local and
tribal governments, in the aggregate, or
to the private sector, of $100 million or
more in any year. Before promulgating
an EPA rule for which a written
statement is needed, Section 205 of the
UMRA generally requires EPA to
identify and consider a reasonable
number of regulatory alternatives and
adopt the least costly, most costeffective or least burdensome alternative
that achieves the objectives of the rule.
The provisions of section 205 do not
apply when they are inconsistent with
applicable law. Moreover, section 205
allows EPA to adopt an alternative other
than the least costly, most cost-effective
or least burdensome alternative if the
Administrator publishes with the final
rule an explanation why the alternative
was not adopted. Before EPA establishes
any regulatory requirements that may
significantly or uniquely affect small
governments, including tribal
governments, it must have developed
under section 203 of the UMRA, a small
government agency plan. The plan must
provide for notifying potentially
affected small governments, enabling
officials of affected small governments
to have meaningful and timely input in
the development of EPA regulatory
proposals with significant Federal
intergovernmental mandates, and
informing, educating, and advising
small governments on compliance with
the regulatory requirements. This final
rule contains no Federal mandates
(under the regulatory provisions of Title
II of the UMRA) for State, local or tribal
governments or the private sector. It
imposes no new enforceable duty on
any State, local or tribal government or
the private sector. EPA has also
determined that this final rule contains
no regulatory requirements that might
significantly or uniquely affect small
government entities. Thus, the
requirements of section 203 of the
UMRA do not apply to this rule.
5. Congressional Review Act
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 action 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 action
in the Federal Register. A major rule
E:\FR\FM\30JNR1.SGM
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37698
Federal Register / Vol. 70, No. 125 / Thursday, June 30, 2005 / Rules and Regulations
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). This action
will be effective immediately upon
publication in the Federal Register.
6. Executive Order 13132: Federalism
Executive Order 13132, entitled
‘‘Federalism’’ (64 FR 43255, August 10,
1999), 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
various levels of government.’’ This
final rule, a technical correction, does
not have federalism implications. It will
not 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 various levels of
government, as specified in Executive
Order 13132. Thus, Executive Order
13132 does not apply to this rule.
7. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
Executive Order 13175, entitled
‘‘Consultation and Coordination with
Indian Tribal Governments’’ (65 FR
67249, November 9, 2000), 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.’’ This final rule does not
have tribal implications, as specified in
Executive Order 13175. The final rule is
a technical correction and does not
establish any regulatory policy with
tribal implications. Thus, Executive
Order 13175 does not apply to this rule.
8. Executive Order 13045: Protection of
Children from Environmental Health
and Safety Risks
Executive Order 13045 applies to any
rule that: (1) is determined to be
‘‘economically significant’’ as defined
under Executive Order 12866, and (2)
concerns an environmental health or
safety risk that EPA has reason to
believe may have a disproportionate
effect on children. If the regulatory
action meets both criteria, the Agency
must evaluate the environmental health
or safety effects of the planned rule on
children, and explain why the planned
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Jkt 205001
regulation is preferable to other
potentially effective and reasonably
feasible alternatives considered by the
Agency. This final rule is not subject to
Executive Order 13045 because it is not
economically significant as defined in
Executive Order 12866 and because the
Agency does not have reason to believe
the environmental health or safety risks
addressed by this final action, a
technical correction, present a
disproportionate risk to children.
9. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution or Use
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) because it is
not a ‘‘significant regulatory action’’ as
defined under Executive Order 12866.
10. National Technology Transfer and
Advancement Act
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (‘‘NTTAA’’), Public Law
104–113, 12(d) (15 U.S.C. 272) directs
EPA to use voluntary consensus
standards in its regulatory activities
unless to do so would be inconsistent
with applicable law or otherwise
impractical. Voluntary consensus
standards are technical standards (e.g.,
materials specifications, test methods,
sampling procedures, and business
practices) that are developed or adopted
by voluntary consensus bodies. The
NTTAA directs EPA to provide
Congress, through the OMB,
explanations when the Agency decides
not to use available and applicable
voluntary consensus standards. This
final rule is a technical correction and
does not involve technical standards.
11. Executive Order 12898: Federal
Actions to Address Environmental
Justice in Minority Populations and Low
Income Populations
To the greatest extent practicable and
permitted by law, and consistent with
the principles set forth in the report on
the National Performance Review, each
Federal agency must make achieving
environmental justice part of its mission
by identifying and addressing, as
appropriate, disproportionately high
and adverse human health and
environmental effects of its programs,
policies, and activities on minority
populations and low-income
populations in the United States and its
territories and possessions, the District
of Columbia, the Commonwealth of
Puerto Rico, and the Commonwealth of
the Mariana Islands. Because this final
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rule is a technical correction with no
anticipated significant adverse human
health or environmental effects, the rule
is not subject to Executive Order 12898.
List of Subjects in 40 CFR Part 228
Environmental protection, Water
pollution control.
Dated: June 22, 2005.
Ronald A. Kreizenbeck,
Acting Regional Administrator, Region 10.
For the reasons set out in the preamble,
chapter I of title 40 of the Code of Federal
Regulations is amended as set forth
below:
I
PART 228—[AMENDED]
1. The authority citation for part 228
continues to read as follows:
I
Authority: 33 U.S.C. 1412 and 1418.
2. Section 228.15 is amended by
revising paragraph (n)(8)(i) as follows:
I
§ 228.15 Dumping sites designated on a
final basis.
*
*
*
*
*
(n) * * *
(8) * * *
(i) Location: Overall Site Coordinates:
46°15′31.64″ N, 124°05′09.72″ W;
46°14′17.66″ N, 124°07′14.54″ W;
46°15′02.87″ N, 124°08′11.47″ W;
46°15′52.77″ N, 124°05′42.92″ W. Drop
Zone: 46°15′35.36″ N, 124°05′15.55″ W;
46°14′31.07″ N, 124°07′03.25″ W;
46°14′58.83″ N, 124°07′36.89″ W;
46°15′42.38″ N, 124°05′26.65″ W (All
NAD 83)
*
*
*
*
*
[FR Doc. 05–12941 Filed 6–29–05; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 372
[TRI–2005–0027; FRL–7532–5]
Deletion of Methyl Ethyl Ketone; Toxic
Chemical Release Reporting;
Community Right-to-Know
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: EPA is today amending its
regulations to delete methyl ethyl
ketone (MEK) from the list of chemicals
subject to reporting under section 313 of
the Emergency Planning and
Community Right-to-Know Act of 1986
(EPCRA) and section 6607 of the
Pollution Prevention Act of 1990 (PPA).
This action is being taken to comply
with a DC Circuit decision and order
E:\FR\FM\30JNR1.SGM
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]]>Agencies
[Federal Register Volume 70, Number 125 (Thursday, June 30, 2005)]
[Rules and Regulations]
[Pages 37696-37698]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-12941]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 228
[FRL-7930-7]
Ocean Dumping; De-Designation of Ocean Dredged Material Disposal
Sites and Designation of New Sites; Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: In the Federal Register on March 15, 2005 (70 FR 12632), the
Environmental Protection Agency (EPA) proposed to correct a final rule
that appeared in the Federal Register of March 2, 2005 (70 FR 10041).
The document de-designated certain ocean dredged material disposal
sites and designated new sites located off the mouth of the Columbia
River near the states of Oregon and Washington. The coordinates for one
of those sites, the Shallow Water site, contained a typographical error
in the Overall Site Coordinates. In today's final rule, EPA finalizes
the correction of the coordinates for the Shallow Water site.
DATES: This final rule is effective June 30, 2005.
ADDRESSES: EPA has established a docket for this action which is
available
[[Page 37697]]
for inspection at the EPA Region 10 Seattle Office. For access to the
docket, contact John Malek, Ocean Dumping Coordinator, U.S.
Environmental Protection Agency, Region 10 (EPTA-083), 1200 Sixth
Avenue, Seattle, WA 98101-1128, telephone at (206) 553-1286, e-mail:
malek.john@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
In the Federal Register of Tuesday, March 15, 2005 (70 FR 12632),
EPA proposed to correct a typographical error in the coordinates for
the Shallow Water site, designated as an ocean dredged material
disposal site by EPA on Wednesday, March 2, 2005 (70 FR 10041)--EPA's
final rule to de-designate and to designate ocean dredged material
disposal sites off the mouth of the Columbia River near the states of
Oregon and Washington. The typographical error was printed in the
Overall Site Coordinates for the Shallow Water site as published on
page 10055 in Federal Register. EPA did not receive any comments on the
proposed correction. Today, EPA finalizes the correction of the
typographical error.
II. Statutory and Executive Order Reviews
1. Executive Order 12866
Under Executive Order 12866 (58 FR 51735, October 4, 1993), the
Agency must determine whether the regulatory action is ``significant''
and, therefore, subject to OMB review and the requirements of the
Executive Order. The Order defines ``significant regulatory action'' as
one that is likely to result in a rule that may:
(1) Have an annual effect on the economy of $100 million or more,
or adversely affect in a material way, the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local or tribal governments or communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs, or the rights and obligations of
recipients thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
It has been determined that this final rule, which is a technical
correction, is not a ``significant regulatory action'' under the terms
of Executive Order 12866 and is, therefore, not subject to OMB review.
2. Paperwork Reduction Act
The Paperwork Reduction Act, 44 U.S.C. 3501 et seq., is intended to
minimize the reporting and record-keeping burden on the regulated
community, as well as to minimize the cost of Federal information
collection and dissemination. In general, the Act requires that
information requests and recordkeeping requirements affecting ten or
more non-Federal respondents be approved by OPM. Since the final rule
does not establish or modify any information or recordkeeping
requirements, it is not subject to the provisions of the Paperwork
Reduction Act.
3. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA), as amended by the Small
Business Regulatory Enforcement Fairness Act (SBREFA), 5 U.S.C. 601 et
seq., generally requires Federal agencies to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the Administrative Procedure Act or any
other statute unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small organizations, and small
governmental jurisdictions. For purposes of assessing the impacts of
today's rule on small entities, small entity is defined as: (1) A small
business, as codified in the Small Business Size Regulations at 13 CFR
part 121; (2) a small governmental jurisdiction that is a government of
a city, county, town, school district or special district with a
population of less that 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field. EPA has determined that this final
rule, a technical correction, will not have a significant impact on
small entities. After considering the economic impacts of today's rule
on small entities, I certify that this action will not have a
significant economic impact on a substantial number of small entities.
4. Unfunded Mandates
Title II of the Unfunded Mandates Reform Act (UMRA) of 1995 (Pub.
L. 104-4) establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
year. Before promulgating an EPA rule for which a written statement is
needed, Section 205 of the UMRA generally requires EPA to identify and
consider a reasonable number of regulatory alternatives and adopt the
least costly, most cost-effective or least burdensome alternative that
achieves the objectives of the rule. The provisions of section 205 do
not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why the
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA, a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements. This final rule contains no Federal mandates (under the
regulatory provisions of Title II of the UMRA) for State, local or
tribal governments or the private sector. It imposes no new enforceable
duty on any State, local or tribal government or the private sector.
EPA has also determined that this final rule contains no regulatory
requirements that might significantly or uniquely affect small
government entities. Thus, the requirements of section 203 of the UMRA
do not apply to this rule.
5. Congressional Review Act
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 action 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 action in the Federal Register. A major rule
[[Page 37698]]
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). This action will be effective immediately upon publication in
the Federal Register.
6. Executive Order 13132: Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), 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 various levels of government.'' This final rule,
a technical correction, does not have federalism implications. It will
not 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 various levels of government, as
specified in Executive Order 13132. Thus, Executive Order 13132 does
not apply to this rule.
7. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
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.'' This final rule does not have
tribal implications, as specified in Executive Order 13175. The final
rule is a technical correction and does not establish any regulatory
policy with tribal implications. Thus, Executive Order 13175 does not
apply to this rule.
8. Executive Order 13045: Protection of Children from Environmental
Health and Safety Risks
Executive Order 13045 applies to any rule that: (1) is determined
to be ``economically significant'' as defined under Executive Order
12866, and (2) concerns an environmental health or safety risk that EPA
has reason to believe may have a disproportionate effect on children.
If the regulatory action meets both criteria, the Agency must evaluate
the environmental health or safety effects of the planned rule on
children, and explain why the planned regulation is preferable to other
potentially effective and reasonably feasible alternatives considered
by the Agency. This final rule is not subject to Executive Order 13045
because it is not economically significant as defined in Executive
Order 12866 and because the Agency does not have reason to believe the
environmental health or safety risks addressed by this final action, a
technical correction, present a disproportionate risk to children.
9. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution or Use
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) because it is not a
``significant regulatory action'' as defined under Executive Order
12866.
10. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272)
directs EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus bodies. The NTTAA directs EPA to provide Congress,
through the OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards. This final rule
is a technical correction and does not involve technical standards.
11. Executive Order 12898: Federal Actions to Address Environmental
Justice in Minority Populations and Low Income Populations
To the greatest extent practicable and permitted by law, and
consistent with the principles set forth in the report on the National
Performance Review, each Federal agency must make achieving
environmental justice part of its mission by identifying and
addressing, as appropriate, disproportionately high and adverse human
health and environmental effects of its programs, policies, and
activities on minority populations and low-income populations in the
United States and its territories and possessions, the District of
Columbia, the Commonwealth of Puerto Rico, and the Commonwealth of the
Mariana Islands. Because this final rule is a technical correction with
no anticipated significant adverse human health or environmental
effects, the rule is not subject to Executive Order 12898.
List of Subjects in 40 CFR Part 228
Environmental protection, Water pollution control.
Dated: June 22, 2005.
Ronald A. Kreizenbeck,
Acting Regional Administrator, Region 10.
0
For the reasons set out in the preamble, chapter I of title 40 of the
Code of Federal Regulations is amended as set forth below:
PART 228--[AMENDED]
0
1. The authority citation for part 228 continues to read as follows:
Authority: 33 U.S.C. 1412 and 1418.
0
2. Section 228.15 is amended by revising paragraph (n)(8)(i) as
follows:
Sec. 228.15 Dumping sites designated on a final basis.
* * * * *
(n) * * *
(8) * * *
(i) Location: Overall Site Coordinates: 46[deg]15'31.64'' N,
124[deg]05'09.72'' W; 46[deg]14'17.66'' N, 124[deg]07'14.54'' W;
46[deg]15'02.87'' N, 124[deg]08'11.47'' W; 46[deg]15'52.77'' N,
124[deg]05'42.92'' W. Drop Zone: 46[deg]15'35.36'' N,
124[deg]05'15.55'' W; 46[deg]14'31.07'' N, 124[deg]07'03.25'' W;
46[deg]14'58.83'' N, 124[deg]07'36.89'' W; 46[deg]15'42.38'' N,
124[deg]05'26.65'' W (All NAD 83)
* * * * *
[FR Doc. 05-12941 Filed 6-29-05; 8:45 am]
BILLING CODE 6560-50-P
