Hazardous Waste Management System; Identification and Listing of Hazardous Waste; Withdrawal of Direct Final Exclusion, 71559-71560 [2010-29630]
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71559
Federal Register / Vol. 75, No. 226 / Wednesday, November 24, 2010 / Rules and Regulations
the National Technology Transfer and
Advancement Act of 1995 (NTTAA),
Public Law 104–113, section 12(d) (15
U.S.C. 272 note).
Since tolerances and exemptions that
are established on the basis of a petition
under section 408(d) of FFDCA, such as
the tolerance in this final rule, do not
require the issuance of a proposed rule,
the requirements of the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601 et
seq.) do not apply.
This final rule directly regulates
growers, food processors, food handlers,
and food retailers, not States or tribes,
nor does this action alter the
relationships or distribution of power
and responsibilities established by
Congress in the preemption provisions
of section 408(n)(4) of FFDCA. As such,
the Agency has determined that this
action will not have a substantial direct
effect on States or tribal governments,
on the relationship between the national
government and the States or tribal
governments, or on the distribution of
power and responsibilities among the
various levels of government or between
the Federal Government and Indian
tribes, or otherwise have any unique
impacts on local governments. Thus, the
Agency has determined that Executive
Order 13132, entitled Federalism (64 FR
43255, August 10, 1999) and Executive
Order 13175, entitled Consultation and
Coordination with Indian Tribal
Governments (65 FR 67249, November
9, 2000) do not apply to this final rule.
In addition, this final rule does not
impose any enforceable duty or contain
any unfunded mandate as described
under Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA) (Pub. L.
104–4).
Although this action does not require
any special considerations under
Executive Order 12898, entitled Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations (59 FR 7629,
February 16, 1994), EPA seeks to
achieve environmental justice, the fair
treatment and meaningful involvement
of any group, including minority and/or
low-income populations, in the
development, implementation, and
enforcement of environmental laws,
regulations, and policies. As such, to the
extent that information is publicly
available or was submitted in comments
to EPA, the Agency considered whether
groups or segments of the population, as
a result of their location, cultural
practices, or other factors, may have
atypical or disproportionately high and
adverse human health impacts or
environmental effects from exposure to
the pesticide discussed in this
document, compared to the general
population.
submit a rule report 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 rule in the Federal
Register. This 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 recordkeeping
requirements.
Dated: November 17, 2010.
G. Jeffery Herndon,
Acting Director, Registration Division, Office
of Pesticide Programs.
Therefore, 40 CFR chapter I is
amended as follows:
■
PART 180—[AMENDED]
1. The authority citation for part 180
continues to read as follows:
■
Authority: 21 U.S.C. 321(q), 346a and 371.
XI. 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
2. In § 180.960, the table is amended
by adding alphabetically the following
polymers to read as follows:
§ 180.960 Polymers; exemptions from the
requirement of a tolerance.
■
*
*
*
*
*
Polymer
CAS No.
*
*
*
*
Polyoxyalkylated
glycerol
fatty
acid
esters;
the
mono-,
di-, or triglyceride mixtures of C8 through C22, primarily C8 through C18 saturated
and unsaturated, fatty acids containing up to 15% water by weight reacted with a
minimum of three moles of either ethylene oxide or propylene oxide; the resulting
polyoxyalkylated glycerol ester polymer minimum number average molecular weight
(in amu), 1,500.
*
*
61791–23–9, 68201–46–7, 68440–49–3, 68458–88–8,
68606–12–2, 68648–38–4, 70377–91–2, 70914–02–2,
72245–12–6, 72698–41–3, 180254–52–8, 248273–
72–5, 308063–50–5, 952722–33–7.
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[FR Doc. 2010–29625 Filed 11–23–10; 8:45 am]
BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 261
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[EPA–R06–RCRA–2010–0066; SW FRL–
9231–4]
Hazardous Waste Management
System; Identification and Listing of
Hazardous Waste; Withdrawal of Direct
Final Exclusion
Environmental Protection
Agency (EPA).
ACTION: Withdrawal of direct final
exclusion.
AGENCY:
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Because EPA received
adverse comments, we are withdrawing
the direct final exclusion for
ExxonMobil Refining and Supply
Company—Beaumont Refinery,
published on October 1, 2010.
DATES: Effective November 24, 2010,
EPA withdraws the direct final
exclusion published at 75 FR 60632, on
October 1, 2010.
FOR FURTHER INFORMATION CONTACT:
Michelle Peace, Environmental
Protection Agency, Multimedia
Planning and Permitting Division,
RCRA Branch, Mail Code: 6PD–C, 1445
Ross Avenue, Dallas, TX 75202, by
SUMMARY:
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71560
Federal Register / Vol. 75, No. 226 / Wednesday, November 24, 2010 / Rules and Regulations
calling (214) 665–7430 or by e-mail at
peace.michelle@epa.gov.
Because
EPA received adverse comments, we are
withdrawing the direct final exclusion
for ExxonMobil Refining and Supply
Company—Beaumont Refinery,
published on October 1, 2010, 75 FR
60632. We stated that in the direct final
rule that if we received adverse
comment by November 1, 2010, the
direct final rule would not take effect
and we would publish a timely
withdrawal in the Federal Register. We
subsequently received adverse comment
on that direct final rule. We will address
the comments submitted in a
subsequent final action which will be
based on the parallel proposed rule also
published on October 1, 2010, 75 FR
60689. As stated in the direct final rule
and the parallel proposed rule, we will
not institute a second comment period
on this action.
SUPPLEMENTARY INFORMATION:
Dated: November 16, 2010.
Bill Luthans,
Acting Director, Multimedia Planning and
Permitting Division.
Accordingly, the amendments to the
rule published on October 1, 2010, 75
FR 60632 are withdrawn as of
November 24, 2010 until an action
making the exclusion final is published.
■
[FR Doc. 2010–29630 Filed 11–23–10; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 215, 234, 242, and 252
RIN 0750–AG46
Defense Federal Acquisition
Regulation Supplement; Cost and
Software Data Reporting System
(DFARS Case 2008–D027)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
DoD is issuing a final rule to
amend the Defense Federal Acquisition
Regulation Supplement (DFARS) to
address DoD Cost and Software Data
Reporting system requirements for
Major Defense Acquisition Programs
and Major Automated Information
Systems.
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SUMMARY:
DATES:
Effective Date: November 24,
2010.
VerDate Mar<15>2010
16:38 Nov 23, 2010
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Ms.
Mary Overstreet, Telephone 703–602–
0311.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Background
The DoD cost and software data
reporting (CSDR) system establishes
requirements for proposals and contract
performance for major defense
acquisition programs (as defined in 10
U.S.C. 2430) and major automated
information systems (as defined in 10
U.S.C. 2445a).
During the proposal process, offerors
are required to—
• Describe the process to be used to
satisfy the requirements of the CSDR
Manual (DoD 5000.04–M–1) and the
Government-approved CSDR plan; and
• Submit certain cost information
with the pricing proposal.
During contract performance, the
contractor is required to—
• Use a documented CSDR process
for reporting;
• Use the Government-approved
contract CSDR plan as the basis for
reporting; and
• Require subcontractors to comply
with the cost and software data
reporting requirements.
DoD published a proposed rule at 75
FR 25165 on May 7, 2010. The public
comment period closed July 6, 2010.
Two respondents submitted comments
that are grouped under four comment
categories. Based on public comments,
changes were made to the proposed
rule. Major changes in the final rule are
as follows:
• Explaining that the two principal
components of the CSDR system are the
contractor cost data reporting (CCDR)
and the software resources data
reporting (SRDR) (DFARS 234.7100(a)).
• Clarifying the solicitation and
contract clause prescriptions (DFARS
234.7101).
• Including the approval authority for
applying the CSDR requirements at
lower dollar thresholds (DFARS
234.7101(b)(2)).
• Removing the requirement to
submit DD Form 1921–2, Progress Curve
Report, with the offeror’s pricing
proposal (DFARS 252.234–7003(b)(6)).
• Removing the reference to DD Form
1921–3, Contractor Business Data
Report (DFARS 242.503–2(b) and
252.234–7004, Cost and Software Data
Reporting System).
• Restructuring the solicitation
provision to clarify proposal submission
requirements (DFARS 252.234–7003).
• Providing an Alternate I to the
solicitation provision and to the clause
to accommodate CSDR requirements at
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lower dollar thresholds (DFARS
252.234–7003 and 252.234–7004).
II. Discussion and Analysis
The following paragraphs address the
four categories of comments and DoD
responses:
1. DD 1921–2, Progress Curve Report
Comment: A respondent noted that
DD Form 1921–2 Progress Curve Report,
required to be submitted by offerors, in
accordance with paragraph (a)(3) of
DFARS 252.234–70XX in the proposed
rule, is designed to collect unit/lot cost
data and is, therefore, not applicable to
contracts that do not procure units or
lots. The respondent recommended
revising the solicitation requirements.
Response: DoD agrees that the DD
1921–2 is not required to be submitted
with the contractor’s pricing proposal
and has revised DFARS provision
252.234–7003 in the final rule
accordingly.
2. The DD 1921–3, Contractor Business
Data Report
a. Basis for Reporting
Comment: A respondent noted that
paragraph (a)(3) of DFARS 252.234–
70YY in the proposed rule directs ‘‘the
Contractor (to) use DD Form 1921–3,
Contractor Business Data Report, as the
basis for reporting in accordance with
the required CSDR data item
descriptions (DIDs).’’ DD Form 1921–3,
Contractor Business Data Report, is not
a basis for reporting, but is a report to
be prepared and submitted by the
contractor in accordance with DID DI–
FNCL–81765A. The respondent
suggested removing the reference to DD
Form 1921–3.
Response: DoD agrees and deleted the
requirement for DD Form 1921–3,
Contractor Business Data Report, from
clause 252.234–7004 in the final rule.
b. Exempt Below $50 Million
Comment: One respondent asked if a
subcontractor is exempt from reporting
if it incurs less than $50 million on a
program, or if the reporting
requirements apply to all levels of
subcontractors regardless of level of
participation in the program.
Response: DoD revised the solicitation
provision and contract clause to clarify
applicability to subcontracts.
c. Specific Guidance Is Necessary
Comment: One respondent had
numerous questions concerning the
completion of DD Form 1921–3.
Response: Questions relating to DD
Form 1921–3 preparation guidance are
outside the scope of this rule and
should be referred directly to the
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[Federal Register Volume 75, Number 226 (Wednesday, November 24, 2010)]
[Rules and Regulations]
[Pages 71559-71560]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-29630]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 261
[EPA-R06-RCRA-2010-0066; SW FRL-9231-4]
Hazardous Waste Management System; Identification and Listing of
Hazardous Waste; Withdrawal of Direct Final Exclusion
AGENCY: Environmental Protection Agency (EPA).
ACTION: Withdrawal of direct final exclusion.
-----------------------------------------------------------------------
SUMMARY: Because EPA received adverse comments, we are withdrawing the
direct final exclusion for ExxonMobil Refining and Supply Company--
Beaumont Refinery, published on October 1, 2010.
DATES: Effective November 24, 2010, EPA withdraws the direct final
exclusion published at 75 FR 60632, on October 1, 2010.
FOR FURTHER INFORMATION CONTACT: Michelle Peace, Environmental
Protection Agency, Multimedia Planning and Permitting Division, RCRA
Branch, Mail Code: 6PD-C, 1445 Ross Avenue, Dallas, TX 75202, by
[[Page 71560]]
calling (214) 665-7430 or by e-mail at peace.michelle@epa.gov.
SUPPLEMENTARY INFORMATION: Because EPA received adverse comments, we
are withdrawing the direct final exclusion for ExxonMobil Refining and
Supply Company--Beaumont Refinery, published on October 1, 2010, 75 FR
60632. We stated that in the direct final rule that if we received
adverse comment by November 1, 2010, the direct final rule would not
take effect and we would publish a timely withdrawal in the Federal
Register. We subsequently received adverse comment on that direct final
rule. We will address the comments submitted in a subsequent final
action which will be based on the parallel proposed rule also published
on October 1, 2010, 75 FR 60689. As stated in the direct final rule and
the parallel proposed rule, we will not institute a second comment
period on this action.
Dated: November 16, 2010.
Bill Luthans,
Acting Director, Multimedia Planning and Permitting Division.
0
Accordingly, the amendments to the rule published on October 1, 2010,
75 FR 60632 are withdrawn as of November 24, 2010 until an action
making the exclusion final is published.
[FR Doc. 2010-29630 Filed 11-23-10; 8:45 am]
BILLING CODE 6560-50-P
