Records Center Facility Standards, 55730-55731 [05-19021]

Download as PDF 55730 Federal Register / Vol. 70, No. 184 / Friday, September 23, 2005 / Rules and Regulations Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this rule under that Order and have determined that it does not have implications for federalism. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in the preamble. Taking of Private Property This rule will not effect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. Civil Justice Reform This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Protection of Children We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and will not create an environmental risk to health or risk to safety that might disproportionately affect children. Indian Tribal Governments This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it 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. Energy Effects We have analyzed this rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a ‘‘significant VerDate Aug<31>2005 14:48 Sep 22, 2005 Jkt 205001 energy action’’ under that order because it is not a ‘‘significant regulatory action’’ under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment We have analyzed this rule under Commandant Instruction M16475.lD, which guides the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321–4370f), and have concluded that there are no factors in this case that would limit the use of a categorical exclusion under section 2.B.2 of the Instruction. Therefore, this rule is categorically excluded, under Figure 2–1, paragraph (34)(i) of the Instruction, from further environmental documentation. An ‘‘Environmental Analysis Check List’’ and a ‘‘Categorical Exclusion Determination’’ are available in the docket where indicated under ADDRESSES. List of Subjects in 33 CFR Part 168 Marine safety, Navigation (water), Reporting and recordkeeping requirements, Waterways. I For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 168 as follows. PART 168—ESCORT REQUIREMENTS FOR CERTAIN TANKERS 1. The authority citation for part 168 is revised to read as follows: I PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 Authority: Section 4116(c), Pub. L. 101– 380, 104 Stat. 520 (46 U.S.C. 3703 note); Department of Homeland Security Delegation No. 170.1, para. 2(82). § 168.50 [Amended] 2. In § 168.50, remove and reserve paragraph (b)(2). I Dated: September 15, 2005. T.H. Gilmour, Rear Admiral, U.S. Coast Guard, Assistant Commandant for Marine Safety, Security and Environmental Protection. [FR Doc. 05–19005 Filed 9–22–05; 8:45 am] BILLING CODE 4910–15–P NATIONAL ARCHIVES AND RECORDS ADMINISTRATION 36 CFR Part 1228 RIN 3095–AB31 Records Center Facility Standards National Archives and Records Administration (NARA). ACTION: Final rule; correction. AGENCY: SUMMARY: NARA published the final rule, Records Center Facility Standards, in the August 29, 2005, Federal Register (70 FR 50980). In that final rule, we revised § 1228.240(c) entirely, removing subordinate paragraphs §§ 1228.240(c)(1) and (c)(2). Paragraph § 1228.240(d), which was not amended in the rulemaking, currently contains a sentence ‘‘For requests submitted under paragraph (c)(2) of this section, NARA also will review the submitted plan to ensure that the plan is realistic.’’ This correction removes that sentence. DATES: This rule is effective on September 28, 2005. FOR FURTHER INFORMATION CONTACT: Nancy Allard at 301–837–1477 or fax number 301–837–0319. SUPPLEMENTARY INFORMATION: In FR Doc. 05–17097 appearing on page 50980 in the Federal Register of Monday, August 29, 2005, the following correction is made: PART 1228—[CORRECTED] § 1228.240 [Corrected] On page 50988, in the second column, in Part 1228, Disposition of Federal Records, in amendment 9, the instruction ‘‘9. Amend § 1228.240 by revising paragraph (c) to read as follows:’’ and the amended text set forth are corrected to read: I ‘‘9. Amend § 1228.240 by revising paragraphs (c) and (d) to read as follows: I E:\FR\FM\23SER1.SGM 23SER1 Federal Register / Vol. 70, No. 184 / Friday, September 23, 2005 / Rules and Regulations § 1228.240 How does an agency request authority to establish or relocate records storage facilities? * * * * * (c) Contents of requests for agency records centers. Requests for authority to establish or relocate an agency records center, or to use an agency records center operated by another agency, must be submitted in writing to the Director, Space and Security Management Division (NAS), National Archives and Records Administration, 8601 Adelphi Road, College Park, MD 20740–6001. The request must identify the specific facility and, for requests to establish or relocate the agency’s own records center, document compliance with the standards in this subpart. Documentation requirements for § 1228.230(s) are specified in § 1228.242. (d) Approval of requests for agency records centers. NARA will review the submitted documentation to ensure the facility demonstrates full compliance with the standards in this subpart. NARA reserves the right to visit the facility, if necessary, to make the determination of compliance. NARA will inform the agency of its decision within 45 calendar days after the request is received, and will provide the agency information on the areas of noncompliance if the request is denied. Requests will be denied only if NARA determines that the facility does not demonstrate full compliance with the standards in this subpart. Approvals will be valid for a period of 10 years, unless the facility is materially changed before then or an agency or NARA inspection finds that the facility does not meet the standards in this subpart. Material changes require submission of a new request for NARA approval. * * * * * Dated: September 19, 2005. Allen Weinstein, Archivist of the United States. [FR Doc. 05–19021 Filed 9–22–05; 8:45 am] BILLING CODE 7515–01–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [OPP–2005–0238; FRL–7735–8] Pesticides; Removal of Expired TimeLimited Tolerance Exemptions Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: VerDate Aug<31>2005 14:48 Sep 22, 2005 Jkt 205001 SUMMARY: EPA is removing time-limited tolerance exemptions for several pesticide chemicals. These time-limited tolerance exemptions are being removed because they have expired and are obsolete, and to ensure that the regulatory listings of tolerance exemptions are properly updated. DATES: This final rule is effective on November 22, 2005. ADDRESSES: EPA has established a docket for this action under Docket identification (ID) number OPP–2005– 0238. All documents in the docket are listed in the EDOCKET index at http:// www.epa.gov/edocket. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in EDOCKET or in hard copy at the Public Information and Records Integrity Branch (PIRIB), Rm. 119, Crystal Mall #2, 1801 S. Bell St., Arlington, VA., Monday through Friday, excluding legal holidays. The Docket telephone number is (703) 305–5805. FOR FURTHER INFORMATION CONTACT: Kathryn Boyle, Registration Division (7505C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460–0001; telephone number: (703) 305–6304; fax number: (703) 305– 0599; e-mail address: boyle.kathryn@epa.gov. SUPPLEMENTARY INFORMATION: I. General Information A. 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 entities may include, but are not limited to: • Crop production (NAICS code 111) • Animal production (NAICS code 112) • Food manufacturing (NAICS code 311) • Pesticide manufacturing (NAICS code 32532) 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 this unit could also be affected. The North American Industrial Classification System (NAICS) codes have been provided to assist you and others in determining PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 55731 whether this action might apply to certain entities. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT. B. How Can I Access Electronic Copies of this Document and Other Related Information? In addition to using EDOCKET (http:// www.epa.gov/edocket/), you may access this Federal Register document electronically through the EPA Internet under the ‘‘Federal Register’’ listings at http://www.epa.gov/fedrgstr/. A frequently updated electronic version of 40 CFR part 180 is available at E-CFR Beta Site Two at http:// www.gpoaccess.gov/ecfr/. II. Background A. What is the Agency’s Authority for Taking this Action? This final rule is issued pursuant to section 408(e) of the Federal Food, Drug, and Comestic Act (FFDCA), as amended by the Food Quality Protection Act (FQPA) (21 U.S.C. 346a(e)). Section 408 of FFDCA authorizes the establishment of tolerances, exemptions from the requirement of a tolerance, modifications in tolerances, and revocation of tolerances for residues of pesticide chemicals in or on raw agricultural commodities and processed foods. Without a tolerance or tolerance exemption, food containing pesticide residues is considered to be unsafe and therefore, ‘‘adulterated’’ under section 402(a) of FFDCA. If food containing pesticide residues is found to be adulterated, the food may not be distributed in interstate commerce (21 U.S.C. 331(a) and 342 (a)). B. Why is EPA Issuing this as a Final Rule? 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. EPA has determined that there is good cause for making today’s rule final without prior proposal and opportunity for comment because the actions taken in this final rule represent technical corrections to the regulations and do not involve substantive Agency action. The removal of an expired time-limited tolerance exemption from 40 CFR part 180 does not involve any substantive Agency action. The expiration date for E:\FR\FM\23SER1.SGM 23SER1

Agencies

[Federal Register Volume 70, Number 184 (Friday, September 23, 2005)]
[Rules and Regulations]
[Pages 55730-55731]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-19021]


=======================================================================
-----------------------------------------------------------------------

NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

36 CFR Part 1228

RIN 3095-AB31


Records Center Facility Standards

AGENCY: National Archives and Records Administration (NARA).

ACTION: Final rule; correction.

-----------------------------------------------------------------------

SUMMARY: NARA published the final rule, Records Center Facility 
Standards, in the August 29, 2005, Federal Register (70 FR 50980). In 
that final rule, we revised Sec.  1228.240(c) entirely, removing 
subordinate paragraphs Sec. Sec.  1228.240(c)(1) and (c)(2). Paragraph 
Sec.  1228.240(d), which was not amended in the rulemaking, currently 
contains a sentence ``For requests submitted under paragraph (c)(2) of 
this section, NARA also will review the submitted plan to ensure that 
the plan is realistic.'' This correction removes that sentence.

DATES: This rule is effective on September 28, 2005.

FOR FURTHER INFORMATION CONTACT: Nancy Allard at 301-837-1477 or fax 
number 301-837-0319.

SUPPLEMENTARY INFORMATION: In FR Doc. 05-17097 appearing on page 50980 
in the Federal Register of Monday, August 29, 2005, the following 
correction is made:

PART 1228--[CORRECTED]


Sec.  1228.240  [Corrected]

0
On page 50988, in the second column, in Part 1228, Disposition of 
Federal Records, in amendment 9, the instruction ``9. Amend Sec.  
1228.240 by revising paragraph (c) to read as follows:'' and the 
amended text set forth are corrected to read:
0
``9. Amend Sec.  1228.240 by revising paragraphs (c) and (d) to read as 
follows:

[[Page 55731]]

Sec.  1228.240  How does an agency request authority to establish or 
relocate records storage facilities?

* * * * *
    (c) Contents of requests for agency records centers. Requests for 
authority to establish or relocate an agency records center, or to use 
an agency records center operated by another agency, must be submitted 
in writing to the Director, Space and Security Management Division 
(NAS), National Archives and Records Administration, 8601 Adelphi Road, 
College Park, MD 20740-6001. The request must identify the specific 
facility and, for requests to establish or relocate the agency's own 
records center, document compliance with the standards in this subpart. 
Documentation requirements for Sec.  1228.230(s) are specified in Sec.  
1228.242.
    (d) Approval of requests for agency records centers. NARA will 
review the submitted documentation to ensure the facility demonstrates 
full compliance with the standards in this subpart. NARA reserves the 
right to visit the facility, if necessary, to make the determination of 
compliance. NARA will inform the agency of its decision within 45 
calendar days after the request is received, and will provide the 
agency information on the areas of noncompliance if the request is 
denied. Requests will be denied only if NARA determines that the 
facility does not demonstrate full compliance with the standards in 
this subpart. Approvals will be valid for a period of 10 years, unless 
the facility is materially changed before then or an agency or NARA 
inspection finds that the facility does not meet the standards in this 
subpart. Material changes require submission of a new request for NARA 
approval.
* * * * *

    Dated: September 19, 2005.
Allen Weinstein,
Archivist of the United States.
[FR Doc. 05-19021 Filed 9-22-05; 8:45 am]
BILLING CODE 7515-01-P