[Federal Register Volume 66, Number 142 (Tuesday, July 24, 2001)]
[Rules and Regulations]
[Pages 38374-38375]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-18407]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 197

[FRL-7017-5]
RIN 2060-AG14


Public Health and Environmental Radiation Protection Standards 
for Yucca Mountain, Nevada

AGENCY: Environmental Protection Agency.

ACTION: Final rule; correction.

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SUMMARY: On June 13, 2001, we, the Environmental Protection Agency 
(EPA), published in the Federal Register a document establishing the 
public health and environmental radiation protection standards for 
Yucca Mountain, Nevada. One section of the preamble was inadvertently 
omitted. This document adds that section.

DATES: Effective on July 24, 2001.

FOR FURTHER INFORMATION CONTACT: Ray Clark, Office of Radiation and 
Indoor Air, U.S. Environmental Protection Agency, Washington, D.C. 
20460-0001; telephone 202-564-9310.

[[Page 38375]]


SUPPLEMENTARY INFORMATION: We published a document in the Federal 
Register of June 13, 2001, (66 FR 32073) establishing the public health 
and environmental radiation protection standards for Yucca Mountain, 
Nevada. In the Regulatory Analysis section, the certification required 
under the Regulatory Flexibility Act was inadvertently omitted.
    In FR Doc. 01-14626 (66 FR 32073), make the following corrections:
    (1) On page 32131, column one, Section H entitled ``Regulatory 
Flexibility Act (RFA), as amended by the Small Business Regulatory 
Fairness Act of 1996 (SBREFA), 5 U.S.C. 3501-20'' is corrected to read:
    Under the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., 
agencies must prepare and make available for public comment an initial 
regulatory flexibility analysis assessing the impact of a rule upon 
``small entities'' (5 U.S.C. 603). ``Small entities'' include small 
businesses, small not-for-profit enterprises, and government entities 
with jurisdiction over populations of less than 50,000 (5 U.S.C. 601). 
However, the requirement to prepare a regulatory flexibility analysis 
does not apply if the Administrator certifies that the rule will not, 
if promulgated, have a significant economic impact upon a substantial 
number of small entities (5 U.S.C. 605(b)). The rule today would 
establish requirements that apply only to the Department of Energy. 
Therefore, it does not apply to small entities. Accordingly, I hereby 
certify that the rule will not have a significant economic impact upon 
a substantial number of small entities.
    (2) A new section K is added to read:

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., 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 804, however, exempts from section 801 the 
following types of rules: rules of particular applicability; rules 
relating to agency management or personnel; and rules of agency 
organization, procedure, or practice that do not substantially affect 
the right or obligations of non-agency parties. (5 U.S.C. 804(3)). We 
are not required to submit a rule report regarding today's action under 
section 801 because this is a rule of particular applicability.

    Dated: July 18, 2001.
Christine Todd Whitman,
Administrator.
[FR Doc. 01-18407 Filed 7-23-01; 8:45 am]
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