17307
Federal
Register
/
Vol.
68,
No.
68
/
Wednesday,
April
9,
2003
/
Rules
and
Regulations
of
flat
wake
speed
within
200
feet
of
any
beach
occupied
by
bathers,
boats
at
the
shoreline,
or
persons
in
the
water
or
at
the
shoreline.
(
3)
After
December
31,
2012,
no
one
may
operate
a
personal
watercraft
that
does
not
meet
the
2006
emission
standards
set
by
EPA
for
the
manufacturing
of
two­
stroke
engines.
A
person
operating
a
personal
watercraft
that
meets
the
EPA
2006
emission
standards
through
the
use
of
directinjection
two­
stroke
or
four­
stroke
engines,
or
the
equivalent
thereof,
is
not
subject
to
this
prohibition
and
will
be
allowed
to
operate
as
described
in
this
section.
(
4)
The
Superintendent
may
limit,
restrict,
or
terminate
access
to
the
areas
designated
for
PWC
use
after
taking
into
consideration
public
health
and
safety,
natural
and
cultural
resource
protection,
and
other
management
activities
and
objectives.
*
*
*
*
*

Dated:
March
28,
2003.
Paul
Hoffman,
Deputy
Assistant
Secretary
for
Fish
and
Wildlife
and
Parks.
[
FR
Doc.
03
 
8546
Filed
4
 
8
 
03;
8:
45
am]

BILLING
CODE
4310
 
70
 
P
ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Part
180
[
OPP
 
2002
 
0272;
FRL
 
7296
 
9]

Decanoic
Acid;
Exemption
from
the
Requirement
of
a
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
February
19,
2003,
establishing
an
exemption
from
the
requirement
of
a
tolerance
for
residues
of
decanoic
acid
(
capric
acid)
in
or
on
all
foods
when
applied/
used
as
a
component
of
a
food
contact
surface
sanitizing
solution
in
food
handling
establishments.
This
document
makes
a
technical
correction
to
the
exemption
from
the
requirement
of
a
tolerance
for
decanoic
acid
to
correct
typographical
errors.

DATES:
This
document
is
effective
on
February
19,
2003.

FOR
FURTHER
INFORMATION
CONTACT:
Adam
Heyward,
Antimicrobials
Division,
(
7510C),
Office
of
Pesticide
Programs,
Environmental
Protection
Agency,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460
 
0001;
telephone
number:
(
703)
308
 
6422;
e­
mail
address:
heyward.
adam@
epa.
gov.
SUPPLEMENTARY
INFORMATION:

I.
General
Information
A.
Does
this
Action
Apply
to
Me?

The
Agency
included
in
the
final
rule
a
list
of
those
who
may
be
potentially
affected
by
this
action.
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
Copies
of
this
Document
and
Other
Related
Information?

1.
Docket.
EPA
has
established
an
official
public
docket
for
this
action
under
docket
identification
(
ID)
number
OPP
 
2002
 
0272.
The
official
public
docket
consists
of
the
documents
specifically
referenced
in
this
action,
any
public
comments
received,
and
other
information
related
to
this
action.
Although
a
part
of
the
official
docket,
the
public
docket
does
not
include
Confidential
Business
Information
(
CBI)
or
other
information
whose
disclosure
is
restricted
by
statute.
The
official
public
docket
is
the
collection
of
materials
that
is
available
for
public
viewing
at
the
Public
Information
and
Records
Integrity
Branch
(
PIRIB),
Rm.
119,
Crystal
Mall
#
2,
1921
Jefferson
Davis
Hwy.,
Arlington,
VA.
This
docket
facility
is
open
from
8:
30
a.
m.
to
4
p.
m.,
Monday
through
Friday,
excluding
legal
holidays.
The
docket
telephone
number
is
(
703)
305
 
5805.
2.
Electronic
access.
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
http://
www.
access.
gpo.
gov/
nara/
cfr/
cfrhtml_
00/
Title_
40/
40cfr180_
00.
html,
a
beta
site
currently
under
development.
An
electronic
version
of
the
public
docket
is
available
through
EPA's
electronic
public
docket
and
comment
system,
EPA
Dockets.
You
may
use
EPA
Dockets
at
http://
www.
epa.
gov/
edocket/
to
submit
or
view
public
comments,
access
the
index
listing
of
the
contents
of
the
official
public
docket,
and
to
access
those
documents
in
the
public
docket
that
are
available
electronically.
Once
in
the
system,
select
``
search,''
then
key
in
the
appropriate
docket
ID
number.

II.
What
Does
this
Correction
Do?

An
exemption
from
the
requirement
of
a
tolerance
for
decanoic
acid
was
added
to
40
CFR
part
180
in
the
Federal
Register
issue
of
February
19,
2003,
(
68
FR
7939)
(
FRL
 
7178
 
6).
Inadvertently,
the
tolerance
exemption
for
decanoic
acid
was
assigned
§
180.1223,
which
had
previously
been
assigned
to
another
pesticide
which
was
published
in
the
Federal
Register
issue
of
February
14,
2003
(
68
FR
7433)
(
FRL
 
7291
 
3).
This
document
corrects
the
section
number
for
the
Decanoic
acid
tolerance
exemption.

III.
Why
is
this
Correction
Issued
as
a
Final
Rule?
Section
553
of
the
Administrative
Procedure
Act
(
APA),
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
final
rule
without
providing
notice
and
an
opportunity
for
public
comment.
EPA
has
determined
that
there
is
good
cause
for
making
today's
technical
correction
final
without
prior
proposal
and
opportunity
for
comment,
because
EPA
is
merely
correcting
the
section
number
that
was
inadvertently
assigned
to
the
Decanoic
acid
tolerance
exemption.
EPA
finds
that
this
constitutes
good
cause
under
5
U.
S.
C.
553(
b)(
B).

IV.
Do
Any
of
the
Statutory
and
Executive
Order
Reviews
Apply
to
this
Action?
This
final
rule
implements
a
technical
correction
to
the
CFR,
and
it
does
not
otherwise
impose
or
amend
any
requirements.
As
such,
the
Office
of
Management
and
Budget
(
OMB)
has
determined
that
a
technical
correction
is
not
a
``
significant
regulatory
action''
subject
to
review
by
OMB
under
Executive
Order
12866,
entitled
Regulatory
Planning
and
Review
(
58
FR
51735,
October
4,
1993).
Nor
does
this
final
rule
contain
any
information
collection
requirements
that
require
review
and
approval
by
OMB
pursuant
to
the
Paperwork
Reduction
Act
of
1995
(
PRA)
(
44
U.
S.
C.
3501
et
seq.).
Since
the
Agency
has
made
a
``
good
cause''
finding
that
this
action
is
not
subject
to
notice­
and­
comment
requirements
under
the
APA
or
any
other
statute
(
see
Unit
III.),
this
action
is
not
subject
to
provisions
of
the
Regulatory
Flexibility
Act
(
RFA)
(
5
U.
S.
C.
601
et
seq.),
or
to
sections
202
and
205
of
the
Unfunded
Mandates
Reform
Act
of
1995
(
UMRA)
(
Public
Law
104
 
4).
In
addition,
this
action
does
not
significantly
or
uniquely
affect
small
governments
or
impose
any
enforceable
duty
or
contain
any
unfunded
mandate
as
described
under
Title
II
of
the
Unfunded
Mandates
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17308
Federal
Register
/
Vol.
68,
No.
68
/
Wednesday,
April
9,
2003
/
Rules
and
Regulations
Reform
Act
of
1995
(
UMRA)
(
Public
Law
104
 
4).
This
final
rule
will
not
have
substantial
direct
effects
on
the
States
or
on
one
or
more
Indian
tribes,
on
the
relationship
between
the
national
government
and
the
States
or
one
or
more
Indian
tribes,
or
on
the
distribution
of
power
and
responsibilities
among
the
various
levels
of
government
or
between
the
Federal
government
and
Indian
tribes.
As
such,
this
action
does
not
have
any
``
federalism
implications''
as
described
in
Executive
Order
13132,
entitled
Federalism
(
64
FR
43255,
August
10,
1999),
or
any
``
tribal
implications''
as
described
in
Executive
Order
13175,
entitled
Consultation
and
Coordination
with
Indian
Tribal
Governments
(
65
FR
67249),
November
6,
2000).
Since
this
final
rule
is
not
a
``
significant
regulatory
action''
as
defined
by
Executive
Order
12866,
it
does
not
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),
and
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
action
does
not
involve
any
technical
standards
that
require
the
Agency's
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).
This
action
will
not
result
in
environmental
justice
related
issues
and
does
not,
therefore,
require
special
consideration
under
Executive
Order
12898,
entitled
Federal
Actions
to
Address
Environmental
Justice
in
Minority
Populations
and
Low­
Income
Populations
(
59
FR
7629,
February
16,
1994)
or
Executive
Order
12630,
entitled
Governmental
Actions
and
Interference
with
Constitutionally
Protected
Property
Rights
(
53
FR
8859,
March
15,
1988).
In
issuing
this
final
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,
entitled
Civil
Justice
Reform
(
61
FR
4729,
February
7,
1996).

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
and
pests,
Reporting
and
record
keeping
requirements.

Dated:
March
17,
2003.
James
Jones
Director,
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),
346(
a)
and
371.


2.
In
FR
Doc.
03
 
3843,
published
in
the
Federal
Register
of
February
19,
2003,
(
68
FR
7939)
(
FRL
 
7278
 
6),
in
the
3rd
column,
the
number
2
instruction
is
corrected
to
read
``
2.
Section
180.1225
is
added
to
subpart
D
to
read
as
follows:''
and
that
the
section
heading
is
corrected
to
read
as
follows:

§
180.1225
Decanoic
acid;
exemption
from
the
requirement
of
a
tolerance.

[
FR
Doc.
03
 
8370
Filed
4
 
8
 
03;
8:
45
am]

BILLING
CODE
6560
 
50
 
S
ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Part
271
[
FRL
 
7479
 
1]

Oklahoma:
Final
Authorization
of
State
Hazardous
Waste
Management
Program
Revisions
AGENCY:
Environmental
Protection
Agency
(
EPA)
ACTION:
Immediate
final
rule.

SUMMARY:
The
State
of
Oklahoma
has
applied
for
Final
authorization
of
the
changes
to
its
Hazardous
Waste
Program
under
the
Resource
Conservation
and
Recovery
Act
(
RCRA).
The
EPA
has
determined
that
these
revisions
satisfy
all
requirements
needed
to
qualify
for
Final
authorization,
and
is
authorizing
the
State's
changes
through
this
immediate
final
action.
The
EPA
is
publishing
this
rule
to
authorize
the
revisions
without
a
prior
proposal
because
we
believe
this
action
is
not
controversial
and
do
not
expect
comments
that
oppose
it.
Unless
we
get
adverse
comments
which
oppose
this
authorization
during
the
comment
period,
the
decision
to
authorize
the
Oklahoma
Department
of
Environmental
Quality's
(
ODEQ)
revisions
to
their
hazardous
waste
program
will
take
effect.
If
adverse
comments
are
received,
we
will
publish
a
document
in
the
Federal
Register
either:
A
withdrawal
of
the
immediate
Final
decisions
and
a
separate
document
in
the
proposed
rules
section
of
this
Federal
Register
will
serve
as
a
proposal
to
authorize
the
changes,
or
a
document
containing
a
response
to
comments
and
which
either
affirms
that
the
immediate
Final
decision
takes
effect
or
reverses
the
decision.

EFFECTIVE
DATE:
This
immediate
final
rule
is
effective
on
June
9,
2003,
unless
EPA
receives
adverse
written
comments
by
May
9,
2003.
Should
EPA
receive
such
comments,
it
will
publish
a
timely
document
either:
Withdrawing
the
immediate
final
publication
or
affirming
the
publication
and
responding
to
comments.
ADDRESSES:
Written
comments,
referring
to
Docket
Number
OK
 
01
 
03,
should
be
sent
to
Alima
Patterson
Region
6
Regional
Authorization
Coordinator,
Grants
and
Authorization
Section
(
6PD
 
G),
Multimedia
Planning
and
Permitting
Division,
EPA
Region
6,
1445
Ross
Avenue,
Dallas,
Texas
75202
 
2733.
Copies
of
Oklahoma
program
revision
application
and
the
materials
which
EPA
used
in
evaluating
the
revisions
are
available
for
inspection
and
copying
from
8:
30
a.
m.
to
4
p.
m.
Monday
through
Friday
at
the
following
address:
Oklahoma
Department
of
Environmental
Quality,
707
North
Robinson,
Oklahoma
City,
Oklahoma
73101
 
1677,
(
405)
702
 
7180
and
EPA
Region
6,
1445
Ross
Avenue,
Dallas,
Texas
75202
 
2733,
(
214)
665
 
6444.
FOR
FURTHER
INFORMATION
CONTACT:
Alima
Patterson
(
214)
665
 
8533.
SUPPLEMENTARY
INFORMATION:

A.
Why
Are
Revisions
to
State
Programs
Necessary?
States
that
receive
final
authorization
from
EPA
under
RCRA
section
3006(
b),
42
U.
S.
C.
6926(
b),
must
maintain
a
hazardous
waste
program
that
is
equivalent
to,
consistent
with,
and
no
less
stringent
than
the
Federal
Hazardous
Waste
Program.
As
the
Federal
program
changes,
States
must
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