Procedures for Implementing the National Environmental Policy Act and Assessing the Environmental Effects Abroad of EPA Actions, 6008-6010 [E9-2350]

Download as PDF 6008 Federal Register / Vol. 74, No. 22 / Wednesday, February 4, 2009 / Proposed Rules copies should send or deliver their comments to the Office of Regulations and Interpretations, Employee Benefits Security Administration, Attn: Investment Advice Final Rule, Room N– 5655, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210. All comments will be available to the public, without charge, online at https://www.regulations.gov and https://www.dol.gov/ebsa and at the Public Disclosure Room, N–1513, Employee Benefits Security Administration, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210. SUPPLEMENTARY INFORMATION: On January 21, 2009, the Department of Labor published final rules on the provision of investment advice to participants and beneficiaries of participant-directed individual account plans and to beneficiaries of individual retirement accounts (74 FR 3822). The rules contain regulations implementing a statutory prohibited transaction exemption under ERISA § 408(b)(14) and § 408(g) and an administrative class exemption granting additional relief. As published, these rules were to be effective on March 23, 2009. Paragraph (g) of § 2550.408g–1 provided that the rule would apply to covered transactions occurring on or after March 23, 2009. By memorandum dated January 20, 2009, Rahm Emanuel, Assistant to the President and Chief of Staff, directed Agency Heads to consider extending for 60 days the effective date of regulations that have been published in the Federal Register but not yet taken effect. The memorandum further advised that, where such regulations are extended, agencies should allow 30 days for interested persons to comment on issues of law and policy raised by the rules. In accordance with that memorandum, and taking into account the considerations listed in the Memorandum of January 21, 2009, from Peter R. Orszag, Director of the Office of Management and Budget, the Department is proposing to extend the effective date for these rules until May 22, 2009, and to make a conforming amendment to the applicability date of § 2550.408g–1. Extending the effective date for 60 days will allow the public to comment on whether the rules raise significant policy and legal issues and for the Department to review these comments and the rules before the relief granted by the rules becomes available. The exemptive relief granted by the rules would serve little purpose if the Department were to withdraw or amend the rules after plans and investment VerDate Nov<24>2008 14:32 Feb 03, 2009 Jkt 217001 advisers had implemented procedures and incurred expenses in order to make use of the exemptive relief. The Department solicits comments on the proposal to extend the effective and applicability dates for 60 days. For this purpose, the comment period will end on February 18, 2009. At the same time, the Department also solicits comments on issues of law and policy concerning all the provisions of these rules. The purpose of these comments is to assist the Department in its review of these rules. Upon completion of this review, the Department may decide to allow the rules to take effect, issue a further extension, withdraw the rules, or propose amendments. The Department requests comments on each of these possible outcomes. The comment period for this broader purpose will end on March 6, 2009. 1978 Comp. p. 332, effective Dec. 31, 1978, 44 FR 1065 (Jan. 3, 1978), and 3 CFR, 1978 Comp. 332. Sec. 2550.412–1 also issued under 29 U.S.C. 1112. List of Subjects in 29 CFR Part 2550 Employee benefit plans, Exemptions, Fiduciaries, Investments, Pensions, Prohibited transactions, Reporting and recordkeeping requirements, and Securities. For the reasons set forth above, the publication on January 21, 2009 (73 FR 3822), of the final rule amending 29 CFR Part 2550, is proposed to be further amended as follows: [EPA–HQ–OECA–2009–0006; FRL–8766–1] PART 2550—RULES AND REGULATIONS FOR FIDUCIARY RESPONSIBILITY 1. The authority citation for part 2550 is revised to read as follows: Authority: 29 U.S.C. 1135; and Secretary of Labor’s Order No. 1–2003, 68 FR 5374 (Feb. 3, 2003). Sec. 2550.401b–1 also issued under sec. 102, Reorganization Plan No. 4 of 1978, 43 FR 47713 (Oct. 17, 1978), 3 CFR, 1978 Comp. 332, effective Dec. 31, 1978, 44 FR 1065 (Jan. 3, 1978), 3 CFR, 1978 Comp. 332. Sec. 2550.401c–1 also issued under 29 U.S.C. 1101. Sections 2550.404c–1 and 2550.404c– 5 also issued under 29 U.S.C. 1104. Sec. 2550.407c–3 also issued under 29 U.S.C. 1107. Sec. 2550.404a–2 also issued under 26 U.S.C. 401 note (sec. 657, Pub. L. 107–16, 115 Stat. 38). Sec. 2550.408b–1 also issued under 29 U.S.C. 1108(b)(1) and sec. 102, Reorganization Plan No. 4 of 1978, 3 CFR, 1978 Comp. p. 332, effective Dec. 31, 1978, 44 FR 1065 (Jan. 3, 1978), and 3 CFR, 1978 Comp. 332. Sec. 2550.408b–19 also issued under sec. 611, Public Law 109–280, 120 Stat. 780, 972, and sec. 102, Reorganization Plan No. 4 of 1978, 3 CFR, 1978 Comp. p. 332, effective Dec. 31, 1978, 44 FR 1065 (Jan. 3, 1978), and 3 CFR, 1978 Comp. 332. Sec. 2550.408g–1 also issued under sec. 102, Reorganization Plan No. 4 of 1978, 3 CFR, 1978 Comp. p. 332, effective Dec. 31, 1978, 44 FR 1065 (Jan. 3, 1978), and 3 CFR, 1978 Comp. 332. Sec. 2550.408g–2 also issued under 29 U.S.C. 1108(g) and sec. 102, Reorganization Plan No. 4 of 1978, 3 CFR, PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 2. Section 2550.408g–1 is amended by removing the date ‘‘March 23, 2009’’ and adding in its place ‘‘May 22, 2009’’ in paragraph (g). Signed at Washington, DC, this 29th day of January, 2009. Alan D. Lebowitz, Deputy Assistant Secretary for Program Operations, Employee Benefits Security Administration, Department of Labor. [FR Doc. E9–2296 Filed 2–3–09; 8:45 am] BILLING CODE 4510–29–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 6 RIN 2020–AA48 Procedures for Implementing the National Environmental Policy Act and Assessing the Environmental Effects Abroad of EPA Actions AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: EPA is proposing to correct its rule entitled ‘‘Procedures for Implementing the National Environmental Policy Act and Assessing the Effects Abroad of EPA Actions,’’ which was published September 19, 2007. Since the final rule became effective on October 19, 2007, EPA has received inquiries about some minor inconsistencies and ambiguities in the final rule. This action involves four minor, technical corrections to the rule to address those issues. The first correction expands the definition of ‘‘applicants’’ to include those who request EPA approvals. The second change clarifies that a categorical exclusion includes vacant land. The third change corrects the text to indicate that the number of extraordinary circumstances is ten. The last change expands Subpart C to apply to EPA approvals as well as permits and assistance grants. In the ‘‘Rules and Regulations’’ section of this Federal Register, we have made these four changes as a direct final rule without a prior proposed rule. If we receive no adverse comment, we will not take further action on this proposed rule. DATES: Any comments must be received by March 6, 2009. ADDRESSES: Submit your comments, identified by Docket ID No. [EPA–HQ– E:\FR\FM\04FEP1.SGM 04FEP1 Federal Register / Vol. 74, No. 22 / Wednesday, February 4, 2009 / Proposed Rules OECA–2009–0006], by mail to by one of the following methods: • https://www.regulations.gov: Follow the on-line instructions for submitting comments. • E-mail: Hargrove.robert@epa.gov. • Fax: 202–564–0072, Attention: Robert Hargrove. • Mail: EPA–HQ–OECA–2009–0006, Environmental Protection Agency, EPA Docket Center (EPA/DC), Enforcement and Compliance Docket and Information Center, Mailcode: 2201T, 1200 Pennsylvania Ave., NW., Washington, DC 20460. • Hand Delivery: Public Reading Room, Room B102, Enforcement and Compliance Docket and Information Center, EPA West Building, 1301 Constitution Avenue, NW., Washington, DC 20004. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. FOR FURTHER INFORMATION CONTACT: Mr. Robert Hargrove; NEPA Compliance Division; Office of Federal Activities (Mailcode 2252A), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number: (202) 564–7157; fax number: (202)–564–0072; e-mail address: Hargrove.robert@epa.gov. SUPPLEMENTARY INFORMATION: This preamble is organized according to the following outline: I. General Information A. Why Is EPA Publishing a Proposed Rule? B. Does This Rule Apply to Me? C. Statutory Authority D. Background II. EPA’s Action III. Statutory and Executive Order Reviews I. General Information A. Why Is EPA Publishing a Proposed Rule? EPA is proposing to take action on ‘‘Procedures for Implementing the National Environmental Policy Act and Assessing the Environmental Effects Abroad of EPA Actions.’’ We have published a direct final rule which includes only four minor corrections to these procedures in the ‘‘Rules and Regulations’’ section of this Federal Register because we view this as a noncontroversial action and anticipate no adverse comment. B. Does This Rule Apply to Me? Those subject to this rule include EPA employees who must comply with the National Environmental Policy Act of 1969 (42 U.S.C. 4321–4347), and certain grant and permit applicants who must VerDate Nov<24>2008 14:32 Feb 03, 2009 Jkt 217001 submit environmental information documentation to EPA for their proposed projects. C. Statutory Authority NEPA establishes the federal government’s national policy for protection of the environment. The Council on Environmental Quality’s (CEQ’s) Regulations at 40 CFR parts 1500 through 1508 establish procedures for implementing this national policy. The CEQ’s Regulations (40 CFR 1505.1) require federal agencies to adopt and, as needed, revise their own NEPA implementing procedures to supplement the CEQ Regulations and to ensure their decision-making processes are consistent with NEPA. D. Background On September 19, 2007 (72 FR 53652), EPA published a final rule amending its regulations for implementing NEPA and Executive Order 12114, ‘‘Environmental Effects Abroad of Major Federal Actions.’’ The Agency amended its NEPA implementing procedures by: (1) Consolidating and standardizing the procedural provisions and requirements of the Agency’s environmental review process under NEPA; (2) clarifying the general procedures associated with categorical exclusions, consolidating the categories of actions subject to categorical exclusion, amending existing and adding new categorical exclusions, and consolidating and amending existing and adding new extraordinary circumstances; (3) consolidating and amending the listing of actions that generally require an environmental impact statement; (4) clarifying the procedural requirements for consideration of applicable environmental review laws and executive orders; and (5) incorporating other proposed revisions consistent with CEQ Regulations. The final rule supplements and is used in conjunction with the CEQ NEPA Regulations. 40 CFR part 6 also includes EPA’s procedures, ‘‘Assessing the Environmental Effects Abroad of EPA Actions,’’ that implement Executive Order 12114, ‘‘Environmental Effects Abroad of Major Federal Actions’’ (see 46 FR 3364). The final rule included minor, technical amendments to EPA’s procedures for implementing the Order. II. EPA’s Action Following the publication of the final rule, four minor errors were discovered. Through this proposed rule, the Agency is correcting these errors. The first correction is a minor expansion of the definition of ‘‘applicant,’’ found at 40 CFR 6.102(b)(2). The revised definition PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 6009 now includes those who request EPA approval in addition to those who request financial assistance or who are applying to EPA for a permit. The next correction involves the categorical exclusion (CE) found at 40 CFR 6.204(a)(2)(vi). That CE allows for the acquisition, transfer, lease, disposition or closure of existing permanent structures, land, equipment, materials, or personal property as long as a number of provisions are met. The CE is being corrected to include vacant land because the acquisition of vacant land meets the required provisions. The third correction is to 40 CFR 6.204(f)(2)(ii), which states that there are 14 extraordinary circumstances. The final rule, however, contains only ten extraordinary circumstances. The last correction is to 40 CFR 6.300(a), which is being expanded to apply to those who are requesting other EPA approvals. Accordingly, EPA is correcting these minor errors through this proposed rule. EPA anticipates no adverse comments to these minor technical changes, and has therefore published this action as a direct final rule in the ‘‘Rules and Regulations’’ section of this Federal Register. Any parties interested in commenting must do so at this time. If we receive no adverse comment, we will not take further action on this proposed rule. If we receive adverse comment, we will withdraw the direct final rule and it will not take effect. We would address all public comments in any subsequent final rule based on this proposed rule. III. Statutory and Executive Order Review Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a ‘‘significant regulatory action’’ and therefore is not subject to review by the Office of Management and Budget. This action merely makes technical corrections to a recently finalized rule, and does not impose any additional requirements. This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Accordingly, the Administrator certifies that this rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). This action contains no Federal mandates under the provisions of Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 1531–1538 for State, local, or tribal governments or the private sector. Therefore, this action is not subject to the requirements of sections 202 or 205 of the UMRA. Because this rule does not impose any additional enforceable duty, E:\FR\FM\04FEP1.SGM 04FEP1 6010 Federal Register / Vol. 74, No. 22 / Wednesday, February 4, 2009 / Proposed Rules it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4). This action also does not have federalism implications because it does 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 the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). Thus, Executive Order 13132 does not apply to this rule. This action merely makes technical corrections to a recently-finalized rule and does not alter the relationship or the distribution of power and responsibilities. This rule also does not have tribal implications because it will 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, as specified by Executive Order 13175 (65 FR 97249, November 9, 2000). Thus, Executive Order 13175 does not apply to this action. EPA interprets Executive Order 13045 ‘‘Protection of Children from Environmental Health and Safety Risks’’ (62 FR 19885, April 23, 1997) as applying only to those regulatory actions that concern health or safety risks, such that the analysis required under section 5–501 of the EO has the potential to influence the regulation. This action is not subject to EO 13045 because it does not establish an environmental standard intended to mitigate health or safety risks. This action is not subject to Executive Order 13211 (66 FR 28355 (May 22, 2001)), because it is not a significant regulatory action under Executive Order 12866. This action does not involve technical standards. Therefore, EPA did not consider the use of any voluntary consensus standards. The requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. EPA has determined that this final rule will not have disproportionately high and adverse human health or environmental effects on minority or low-income populations because it does not affect the level of protection provided to human health or the environment. This action merely makes technical corrections to a recentlyfinalized rule, and these corrections have no effect on minority or lowincome populations. VerDate Nov<24>2008 14:32 Feb 03, 2009 Jkt 217001 List of Subjects in 40 CFR Part 6 Environmental protection, Environmental assessments, Environmental impact statements, Environmental protection reporting, Foreign relations, Grant programs— environmental protection, Reporting and recordkeeping requirements. Dated: January 15, 2009. Stephen L. Johnson, Administrator. [FR Doc. E9–2350 Filed 2–3–09; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 271 [EPA–R06–RCRA–2008–0754; FRL–8768–1] Oklahoma: Final Authorization of State Hazardous Waste Management Program Revisions AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. The State of Oklahoma has applied to EPA for Final authorization of the changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA proposes to grant Final authorization to the State of Oklahoma. In the ‘‘Rules and Regulations’’ section of this Federal Register, EPA is authorizing the changes by an immediate final rule. EPA did not make a proposal prior to the immediate final rule because we believe this action is not controversial and do not expect comments that oppose it. We have explained the reasons for this authorization in the preamble to the immediate final rule. Unless we get written comments which oppose this authorization during the comment period, the immediate final rule will become effective on the date it establishes, and we will not take further action on this proposal. If we receive comments that oppose this action, we will withdraw the immediate final rule and it will not take effect. We will then respond to public comments in a later final rule based on this proposal. You may not have another opportunity for comment. If you want to comment on this action, you must do so at this time. DATES: Send your written comments by March 6, 2009. ADDRESSES: Send written comments to Alima Patterson, Region 6, Regional Authorization Coordinator (6PD–O), Multimedia Planning and Permitting Division, at the address shown below. You can examine copies of the materials submitted by the State of Oklahoma during normal business hours at the following locations: EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202–2733, phone number (214) 665–8533; or Oklahoma Department of Environmental Quality, 707 North Robinson, Oklahoma City, Oklahoma 73101–1677, (405) 702– 7180. Comments may also be submitted electronically or through hand delivery/ courier; please follow the detailed instructions in the ADDRESSES section of the immediate final rule which is located in the Rules section of this Federal Register. FOR FURTHER INFORMATION CONTACT: Alima Patterson (214) 665–8533. SUPPLEMENTARY INFORMATION: For additional information, please see the immediate final rule published in the ‘‘Rules and Regulations’’ section of this Federal Register. Dated: November 7, 2008. Richard E. Greene, Regional Administrator, Region 6. [FR Doc. E9–2371 Filed 2–3–09; 8:45 am] BILLING CODE 6560–50–P SUMMARY: PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 216 RIN 0648–AX36 Notification of Receipt of a Petition for Rulemaking to Implement the Provisions of the Marine Mammal Protection Act for Swordfish Imports AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Reopening of comment period. SUMMARY: In order to provide additional opportunities for the public, foreign nations that export swordfish to the United States, and other interested parties to comment on the petition for rulemaking to implement the provisions of section 101(a)(2)(A) of the Marine Mammal Protection Act for swordfish imports, NMFS is reopening the comment period. On December 15, 2008, NMFS published a notification of receipt of the petition. Based on the December 15, 2008 document, the comment period was scheduled to conclude on January 29, 2009. NMFS is now reopening the comment period until March 23, 2009. Comments received will be considered by NMFS as it determines whether to proceed with E:\FR\FM\04FEP1.SGM 04FEP1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 74, Number 22 (Wednesday, February 4, 2009)]
[Proposed Rules]
[Pages 6008-6010]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-2350]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 6

[EPA-HQ-OECA-2009-0006; FRL-8766-1]
RIN 2020-AA48


Procedures for Implementing the National Environmental Policy Act 
and Assessing the Environmental Effects Abroad of EPA Actions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing to correct its rule entitled ``Procedures for 
Implementing the National Environmental Policy Act and Assessing the 
Effects Abroad of EPA Actions,'' which was published September 19, 
2007. Since the final rule became effective on October 19, 2007, EPA 
has received inquiries about some minor inconsistencies and ambiguities 
in the final rule. This action involves four minor, technical 
corrections to the rule to address those issues. The first correction 
expands the definition of ``applicants'' to include those who request 
EPA approvals. The second change clarifies that a categorical exclusion 
includes vacant land. The third change corrects the text to indicate 
that the number of extraordinary circumstances is ten. The last change 
expands Subpart C to apply to EPA approvals as well as permits and 
assistance grants. In the ``Rules and Regulations'' section of this 
Federal Register, we have made these four changes as a direct final 
rule without a prior proposed rule. If we receive no adverse comment, 
we will not take further action on this proposed rule.

DATES: Any comments must be received by March 6, 2009.

ADDRESSES: Submit your comments, identified by Docket ID No. [EPA-HQ-

[[Page 6009]]

OECA-2009-0006], by mail to by one of the following methods:
     https://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     E-mail: Hargrove.robert@epa.gov.
     Fax: 202-564-0072, Attention: Robert Hargrove.
     Mail: EPA-HQ-OECA-2009-0006, Environmental Protection 
Agency, EPA Docket Center (EPA/DC), Enforcement and Compliance Docket 
and Information Center, Mailcode: 2201T, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460.
     Hand Delivery: Public Reading Room, Room B102, Enforcement 
and Compliance Docket and Information Center, EPA West Building, 1301 
Constitution Avenue, NW., Washington, DC 20004. Such deliveries are 
only accepted during the Docket's normal hours of operation, and 
special arrangements should be made for deliveries of boxed 
information.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Hargrove; NEPA Compliance 
Division; Office of Federal Activities (Mailcode 2252A), Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone number: (202) 564-7157; fax number: (202)-564-0072; e-mail 
address: Hargrove.robert@epa.gov.

SUPPLEMENTARY INFORMATION: This preamble is organized according to the 
following outline:

I. General Information
    A. Why Is EPA Publishing a Proposed Rule?
    B. Does This Rule Apply to Me?
    C. Statutory Authority
    D. Background
II. EPA's Action
III. Statutory and Executive Order Reviews

I. General Information

A. Why Is EPA Publishing a Proposed Rule?

    EPA is proposing to take action on ``Procedures for Implementing 
the National Environmental Policy Act and Assessing the Environmental 
Effects Abroad of EPA Actions.'' We have published a direct final rule 
which includes only four minor corrections to these procedures in the 
``Rules and Regulations'' section of this Federal Register because we 
view this as a non-controversial action and anticipate no adverse 
comment.

B. Does This Rule Apply to Me?

    Those subject to this rule include EPA employees who must comply 
with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-
4347), and certain grant and permit applicants who must submit 
environmental information documentation to EPA for their proposed 
projects.

C. Statutory Authority

    NEPA establishes the federal government's national policy for 
protection of the environment. The Council on Environmental Quality's 
(CEQ's) Regulations at 40 CFR parts 1500 through 1508 establish 
procedures for implementing this national policy. The CEQ's Regulations 
(40 CFR 1505.1) require federal agencies to adopt and, as needed, 
revise their own NEPA implementing procedures to supplement the CEQ 
Regulations and to ensure their decision-making processes are 
consistent with NEPA.

D. Background

    On September 19, 2007 (72 FR 53652), EPA published a final rule 
amending its regulations for implementing NEPA and Executive Order 
12114, ``Environmental Effects Abroad of Major Federal Actions.'' The 
Agency amended its NEPA implementing procedures by: (1) Consolidating 
and standardizing the procedural provisions and requirements of the 
Agency's environmental review process under NEPA; (2) clarifying the 
general procedures associated with categorical exclusions, 
consolidating the categories of actions subject to categorical 
exclusion, amending existing and adding new categorical exclusions, and 
consolidating and amending existing and adding new extraordinary 
circumstances; (3) consolidating and amending the listing of actions 
that generally require an environmental impact statement; (4) 
clarifying the procedural requirements for consideration of applicable 
environmental review laws and executive orders; and (5) incorporating 
other proposed revisions consistent with CEQ Regulations. The final 
rule supplements and is used in conjunction with the CEQ NEPA 
Regulations. 40 CFR part 6 also includes EPA's procedures, ``Assessing 
the Environmental Effects Abroad of EPA Actions,'' that implement 
Executive Order 12114, ``Environmental Effects Abroad of Major Federal 
Actions'' (see 46 FR 3364). The final rule included minor, technical 
amendments to EPA's procedures for implementing the Order.

II. EPA's Action

    Following the publication of the final rule, four minor errors were 
discovered. Through this proposed rule, the Agency is correcting these 
errors. The first correction is a minor expansion of the definition of 
``applicant,'' found at 40 CFR 6.102(b)(2). The revised definition now 
includes those who request EPA approval in addition to those who 
request financial assistance or who are applying to EPA for a permit. 
The next correction involves the categorical exclusion (CE) found at 40 
CFR 6.204(a)(2)(vi). That CE allows for the acquisition, transfer, 
lease, disposition or closure of existing permanent structures, land, 
equipment, materials, or personal property as long as a number of 
provisions are met. The CE is being corrected to include vacant land 
because the acquisition of vacant land meets the required provisions. 
The third correction is to 40 CFR 6.204(f)(2)(ii), which states that 
there are 14 extraordinary circumstances. The final rule, however, 
contains only ten extraordinary circumstances. The last correction is 
to 40 CFR 6.300(a), which is being expanded to apply to those who are 
requesting other EPA approvals. Accordingly, EPA is correcting these 
minor errors through this proposed rule. EPA anticipates no adverse 
comments to these minor technical changes, and has therefore published 
this action as a direct final rule in the ``Rules and Regulations'' 
section of this Federal Register. Any parties interested in commenting 
must do so at this time. If we receive no adverse comment, we will not 
take further action on this proposed rule. If we receive adverse 
comment, we will withdraw the direct final rule and it will not take 
effect. We would address all public comments in any subsequent final 
rule based on this proposed rule.

III. Statutory and Executive Order Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. This action 
merely makes technical corrections to a recently finalized rule, and 
does not impose any additional requirements. This rule does not impose 
an information collection burden under the provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Accordingly, the 
Administrator certifies that this rule will not have a significant 
economic impact on a substantial number of small entities under the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). This action contains 
no Federal mandates under the provisions of Title II of the Unfunded 
Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 1531-1538 for State, 
local, or tribal governments or the private sector. Therefore, this 
action is not subject to the requirements of sections 202 or 205 of the 
UMRA. Because this rule does not impose any additional enforceable 
duty,

[[Page 6010]]

it does not contain any unfunded mandate or significantly or uniquely 
affect small governments, as described in the Unfunded Mandates Reform 
Act of 1995 (Pub. L. 104-4).
    This action also does not have federalism implications because it 
does 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 the various levels of 
government, as specified in Executive Order 13132 (64 FR 43255, August 
10, 1999). Thus, Executive Order 13132 does not apply to this rule. 
This action merely makes technical corrections to a recently-finalized 
rule and does not alter the relationship or the distribution of power 
and responsibilities.
    This rule also does not have tribal implications because it will 
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, as specified by Executive Order 13175 (65 
FR 97249, November 9, 2000). Thus, Executive Order 13175 does not apply 
to this action. EPA interprets Executive Order 13045 ``Protection of 
Children from Environmental Health and Safety Risks'' (62 FR 19885, 
April 23, 1997) as applying only to those regulatory actions that 
concern health or safety risks, such that the analysis required under 
section 5-501 of the EO has the potential to influence the regulation. 
This action is not subject to EO 13045 because it does not establish an 
environmental standard intended to mitigate health or safety risks.
    This action is not subject to Executive Order 13211 (66 FR 28355 
(May 22, 2001)), because it is not a significant regulatory action 
under Executive Order 12866. This action does not involve technical 
standards. Therefore, EPA did not consider the use of any voluntary 
consensus standards. The requirements of section 12(d) of the National 
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do 
not apply.
    EPA has determined that this final rule will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it does not 
affect the level of protection provided to human health or the 
environment. This action merely makes technical corrections to a 
recently-finalized rule, and these corrections have no effect on 
minority or low-income populations.

List of Subjects in 40 CFR Part 6

    Environmental protection, Environmental assessments, Environmental 
impact statements, Environmental protection reporting, Foreign 
relations, Grant programs--environmental protection, Reporting and 
recordkeeping requirements.

    Dated: January 15, 2009.
Stephen L. Johnson,
Administrator.
[FR Doc. E9-2350 Filed 2-3-09; 8:45 am]
BILLING CODE 6560-50-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.