Regulatory Flexibility Act Review, 27169-27171 [2013-10897]
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Federal Register / Vol. 78, No. 90 / Thursday, May 9, 2013 / Proposed Rules
OAR–2009–0340, by any of the
following methods:
• www.regulations.gov: Follow the
on-line instructions for submitting
comments.
• Email: R10Public_Comments@epa.gov
• Mail: Mr. Keith Rose, U.S. EPA
Region 10, Office of Air, Waste and
Toxics, AWT–107, 1200 Sixth Avenue,
Suite 900, Seattle WA, 98101
• Hand Delivery/Courier: U.S. EPA
Region 10, 1200 Sixth Avenue, Suite
900, Seattle WA, 98101. Attention:
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Please see the direct final rule which
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comments.
FOR FURTHER INFORMATION CONTACT:
Keith Rose at telephone number: (206)
553–1949, email address:
rose.keith@epa.gov, or the above EPA,
Region 10 address.
For
further information, please see the
direct final action, of the same title,
which is located in the Rules section of
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direct final rule without prior proposal
because the EPA views this as a
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If the EPA receives adverse
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based on this proposed rule. The EPA
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should do so at this time. Please note
that if we receive adverse comment on
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severed from the remainder of the rule,
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tkelley on DSK3SPTVN1PROD with PROPOSALS
SUPPLEMENTARY INFORMATION:
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Jkt 229001
Dated: March 12, 2013.
Dennis J. McLerran,
Regional Administrator, Region 10.
[FR Doc. 2013–10938 Filed 5–8–13; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
49 CFR Chapter I
[Docket No. PHMSA–2013–0027; Notice No.
13–5]
Regulatory Flexibility Act Review
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Notice of regulatory review;
request for comments.
AGENCY:
PHMSA seeks comments on
the economic impacts of its Hazardous
Materials Regulations on small entities.
In accordance with section 610 of the
Regulatory Flexibility Act and as
published in the Unified Agenda and
Regulatory Plan, PHMSA is reviewing
and analyzing the regulations applicable
to the Hazardous Materials Program
Procedures to identify requirements
which may have a significant impact on
a substantial number of small entities.
The Unified Agenda and Regulatory
plan for the Department of
Transportation can be found at the
following URL: https://www.gpo.gov/
fdsys/pkg/FR-2013-01-15/pdf/201300597.pdf.
DATES: Comments must be received by
July 8, 2013.
FOR FURTHER INFORMATION CONTACT: Ben
Supko, Office of Hazardous Materials
Safety, Standards and Rulemaking
Division (202) 366–8553, 1200 New
Jersey Avenue SE., Washington, DC
20590. For more information on the
Hazardous Materials Regulations
contact the Hazardous Materials
Information Center at 1–800–467–4922
(in Washington, DC call 202–366–4488).
SUPPLEMENTARY INFORMATION: The
complete analysis of the rules in the
2012–2013 Review Year, the Unified
Agenda and Regulatory Plan, and
comment submission can be found at:
https://www.regulations.gov/ (Docket No.
PHMSA–2013–0027).
SUMMARY:
I. Section 610 of the Regulatory
Flexibility Act
A. Background and Purpose
Section 610 of the Regulatory
Flexibility Act requires periodic reviews
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27169
of existing regulations with significant
economic impact (5 U.S.C. 610(c)). The
purpose of the 610 reviews is to assess
the following: (1) The continued need
for the rule; (2) the nature of complaints
or comments received concerning the
rule from the public; (3) the complexity
of the rule; (4) the extent to which the
rule overlaps, duplicates or conflicts
with other Federal rules, and, to the
extent feasible, with State and local
governmental rules; and (5) the length of
time since the rule has been evaluated
or the degree to which technology,
economic conditions, or other factors
have changed in the area affected by the
rule.
B. Review Schedule
The Department of Transportation
(DOT) published its Unified Agenda and
Regulatory Plan on December 21, 2012
listing in Appendix D—Review Plans
for Section 610 and Other Requirements
(78 FR 3299) those regulations that each
operating administration will review
under section 610 during the next 12
months. Appendix D also contains
DOT’s 10-year review plan for all its
existing regulations.
PHMSA has divided its Hazardous
Materials Regulations (HMR; 49 CFR
parts 100–185) into 10 groups by subject
area. Each group will be reviewed once
every 10 years. Each group of
regulations is reviewed in a two-stage
process: (1) Analysis Year; and (2)
Section 610 Review Year. In the
Analysis Year, PHMSA conducts a
review of the group regulations to
determine whether any rule has a
significant impact on a substantial
number of small entities; and thus
requires review in accordance with
section 610 of the Regulatory Flexibility
Act. In each Regulatory Agenda,
PHMSA publishes the results of the
analyses completed for the previous
year. For those rules that may have
negative findings, a brief rationale is
provided. For parts, subparts or sections
of the HMR that do have a significant
impact on a substantial number of small
entities, PHMSA will announce that it
will be conducting a formal section 610
review during the following year. For
the purposes of this review, the 2012–
2013 610 review year began in the Fall
of 2012 and PHMSA’s analysis will
conclude in the Fall of 2013. The
following table shows the 10-year
analysis and review schedule:
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27170
Federal Register / Vol. 78, No. 90 / Thursday, May 9, 2013 / Proposed Rules
PHMSA SECTION 610 REVIEW PLAN 2008–2018
Title
Year
Specifications for Non-bulk Packagings ....................
Specifications for Bulk Packagings ............................
Hazardous Materials Table, Special Provisions, Hazardous Materials Communications, Emergency
Response Information, Training Requirements,
and Security Plans; and Carriage by aircraft.
Incident Reporting ......................................................
Hazardous Materials Program Procedures; General
Information, Regulations and Definitions; Pipeline
Safety Programs and Rulemaking Procedures;
and Transportation of Hazardous Liquids by Pipeline.
Carriage by Rail; Carriage by Highway; Transportation of Natural and Other Gas by Pipeline; Annual Reports, Incident Reports, and Safety-Related Conditions Reports.
Carriage by Vessel; and Drug and Alcohol Testing ..
C. 2012–2013 610 Review Year: Sections
Under Review
During Year 5 (2012–2013), PHMSA
has initiated and will continue to
conduct a formal section 610 review of
Analysis
year
Regulations to be reviewed
Review year
1
2
3
part 178 .....................................................................
parts 178 through 180 ..............................................
parts 172 and 175 .....................................................
2008
2009
2010
2009
2010
2011
4
5
sections 171.15 and 171.16 .....................................
parts 106, 107, 171, 190, and 195 ...........................
2011
2012
2012
2013
6
parts 174, 177, 191, and 192 ...................................
2013
2014
parts
parts
parts
parts
2014
2015
2016
2017
2015
2016
2017
2018
7
8
9
10
176 and 199 .....................................................
172 through 178 ..............................................
172, 173, 174, 176, 177, and 193 ...................
173 and 194 .....................................................
some of 49 CFR parts 106, 107, 171. The
full analysis document for the
hazardous materials rules covered by
Year 5 is available in the public docket
for this notice (Go to
www.regulations.gov—Search for Docket
No. PHMSA–2013–0027). The section
610 analysis that began in the fall of
2012 included 49 CFR parts 106, 107,
171. Specific areas outlined in the full
analysis for further review include:
PART 107
Subpart
Title
Subpart D ..................................................................................................................
Subpart D of part 107 contains the regulations pertaining to the enforcement authorities of the Associate Administrator for Hazardous Materials Safety and the
Office of Chief Counsel. It outlines the minimum, maximum, and recommended
baseline penalties for violating the HMR and the procedures for enforcing and
imposing those sanctions. While no additional costs or impacts are imposed on
small entities who comply with the HMR, PHMSA seeks comment on these
regulations due to the potential for explicit monetary expenses (e.g. civil penalties and ticketing).
Subpart F ..................................................................................................................
tkelley on DSK3SPTVN1PROD with PROPOSALS
Subpart F of part 107 contains the registration procedures for manufacturers, assemblers, repairers, inspectors, testers and design certifying engineers of cargo
tanks manufactured in accordance with a DOT specification or DOT special
permit. In the last regulatory evaluation conducted in 2003, it was determined
that approximately 9,200 motor carriers and 7,000 cargo tank inspection/testing
facilities are small entities affected by the costs associated with these procedures. PHMSA is seeking comment on whether these regulations have a significant impact on small entities.
Subpart I ....................................................................................................................
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Enforcement.
Registration of Cargo Tank and Cargo Tank Motor Vehicle
Manufacturers, Assemblers, Repairers, Inspectors, Testers, and Design Certifying Engineers.
Approval of Independent Inspection Agencies, Cylinder Requalifiers, and Non-domestic Chemical Analyses and Tests
of DOT Specification Cylinders.
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Federal Register / Vol. 78, No. 90 / Thursday, May 9, 2013 / Proposed Rules
27171
PART 107—Continued
Subpart
Title
tkelley on DSK3SPTVN1PROD with PROPOSALS
Subpart I of part 107 prescribes the approval process for persons who seek to be
an independent inspection agency to perform tests, inspections, verifications
and certifications of DOT specification cylinders or UN pressure receptacles.
Additionally, this subpart addresses the approval process for a person who engages in the requalification (e.g. inspection, testing, or certification), rebuilding,
or repair of a cylinder manufactured in accordance with a DOT specification or
a pressure receptacle in accordance with a UN standard, or under the terms of
a DOT special permit. This approval is commonly known as a requalifier identification number (RIN). Lastly, subpart I of part 107 addresses the approval procedures for persons who perform the manufacturing chemical analyses and
tests of DOT specification cylinders, special permit cylinders, or UN pressure
receptacles outside the United States. In the regulatory analysis of previous
rulemakings affecting subpart I of part 107, it was determined that the vast majority of entities subject to those rulemakings were small entities. Thus, due to
the number of small entities this subpart is estimated to affect, PHMSA is seeking comment on whether these regulations have a significant impact.
As discussed in the Background and
Purpose section above, Section 610 of
the Regulatory Flexibility Act requires
periodic reviews of existing regulations
with significant economic impact (5
U.S.C. 610(c)). In conducting this
review, PHMSA is seeking specific
comments on whether the Hazardous
Materials Program Procedures in 49 CFR
part 107, Subparts D, F and I have a
significant impact on a substantial
number of small entities. ‘‘Small
entities’’ include small businesses, notfor-profit organizations that are
independently owned and operated and
are not dominant in their fields, and
governmental jurisdictions with
populations under 50,000.
If your business or organization is a
small entity, or you represent a business
or organization that is a small entity and
the rules in 49 CFR part 107, Subparts
D, F, and I or 49 CFR parts 106, 107,
171have a significant economic impact
on your business or organization, please
submit a comment at: https://
www.regulations.gov/ (Docket No.
PHMSA–2013–0027) explaining the
following:
1. How and to what degree these rules
affect you;
2. Any complaints or comments you
may have concerning the covered rules;
3. The complexity of the covered
rules;
4. The extent to which the rules
overlap, duplicate or conflict with other
Federal rules, and to the extent feasible,
with State and local government rules;
and
5. The extent of the economic impact
on you and why you believe the
economic impact is significant.
VerDate Mar<15>2010
16:30 May 08, 2013
Jkt 229001
Issued in Washington, DC, on April 30,
2013 under authority delegated in 49 CFR
part 106.
Magdy El-Sibaie,
Associate Administrator for Hazardous
Materials Safety Pipeline and Hazardous
Materials Safety Administration.
[FR Doc. 2013–10897 Filed 5–8–13; 8:45 am]
BILLING CODE 4910–60–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R4–ES–2012–0031; FWS–
R4–ES–2013–0007; 4500030113]
RIN 1018–AX73; 1018–AZ30
Endangered and Threatened Wildlife
and Plants; Proposed Endangered
Status for the Neosho Mucket,
Threatened Status for the Rabbitsfoot,
and Designation of Critical Habitat for
Both Species
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule; reopening of
comment period.
AGENCY:
We, the U.S. Fish and
Wildlife Service, announce the
reopening of the public comment period
on our October 16, 2012, proposed
listing and designation of critical habitat
for the Neosho mucket (Lampsilis
rafinesqueana) and rabbitsfoot
(Quadrula cylindrica cylindrica)
mussels under the Endangered Species
Act of 1973, as amended (Act). We also
announce the availability of a draft
economic analysis (DEA) and draft
environmental assessment of the
proposed designation of critical habitat
and an amended required
determinations section of the proposal.
SUMMARY:
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We are reopening the comment period
to allow all interested parties an
opportunity to comment simultaneously
on the revised proposed rule, the
associated DEA and draft environmental
assessment, and the amended required
determinations section. Comments
previously submitted need not be
resubmitted, as they will be fully
considered in preparation of the final
rules.
We will consider all comments
received or postmarked on or before
June 10, 2013. Comments submitted
electronically using the Federal
eRulemaking Portal (see ADDRESSES,
below) must be received by 11:59 p.m.
Eastern Time on the closing date.
ADDRESSES: Document availability: You
may obtain a copy of the proposed rule
on the Internet at https://
www.regulations.gov at Docket No.
FWS–R4–ES–2012–0031 or by mail
from the Arkansas Ecological Services
Field Office (see FOR FURTHER
INFORMATION CONTACT). You may obtain
a copy of the draft economic analysis
and the draft environmental assessment
at Docket No. FWS–R4–ES–2013–0007.
Written comments: You may submit
written comments by one of the
following methods:
(1) Electronically: Go to the Federal
eRulemaking Portal: https://
www.regulations.gov. Submit comments
on the listing proposal to Docket No.
FWS–R4–ES–2012–0031, and submit
comments on the critical habitat
proposal and associated draft economic
analysis and draft environmental
assessment to Docket No. FWS–R4–ES–
2013–0007. See SUPPLEMENTARY
INFORMATION for an explanation of the
two dockets.
(2) By hard copy: Submit comments
on the listing proposal by U.S. mail or
hand-delivery to: Public Comments
DATES:
E:\FR\FM\09MYP1.SGM
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]]>Agencies
[Federal Register Volume 78, Number 90 (Thursday, May 9, 2013)]
[Proposed Rules]
[Pages 27169-27171]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-10897]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Chapter I
[Docket No. PHMSA-2013-0027; Notice No. 13-5]
Regulatory Flexibility Act Review
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: Notice of regulatory review; request for comments.
-----------------------------------------------------------------------
SUMMARY: PHMSA seeks comments on the economic impacts of its Hazardous
Materials Regulations on small entities. In accordance with section 610
of the Regulatory Flexibility Act and as published in the Unified
Agenda and Regulatory Plan, PHMSA is reviewing and analyzing the
regulations applicable to the Hazardous Materials Program Procedures to
identify requirements which may have a significant impact on a
substantial number of small entities. The Unified Agenda and Regulatory
plan for the Department of Transportation can be found at the following
URL: https://www.gpo.gov/fdsys/pkg/FR-2013-01-15/pdf/2013-00597.pdf.
DATES: Comments must be received by July 8, 2013.
FOR FURTHER INFORMATION CONTACT: Ben Supko, Office of Hazardous
Materials Safety, Standards and Rulemaking Division (202) 366-8553,
1200 New Jersey Avenue SE., Washington, DC 20590. For more information
on the Hazardous Materials Regulations contact the Hazardous Materials
Information Center at 1-800-467-4922 (in Washington, DC call 202-366-
4488).
SUPPLEMENTARY INFORMATION: The complete analysis of the rules in the
2012-2013 Review Year, the Unified Agenda and Regulatory Plan, and
comment submission can be found at: https://www.regulations.gov/ (Docket
No. PHMSA-2013-0027).
I. Section 610 of the Regulatory Flexibility Act
A. Background and Purpose
Section 610 of the Regulatory Flexibility Act requires periodic
reviews of existing regulations with significant economic impact (5
U.S.C. 610(c)). The purpose of the 610 reviews is to assess the
following: (1) The continued need for the rule; (2) the nature of
complaints or comments received concerning the rule from the public;
(3) the complexity of the rule; (4) the extent to which the rule
overlaps, duplicates or conflicts with other Federal rules, and, to the
extent feasible, with State and local governmental rules; and (5) the
length of time since the rule has been evaluated or the degree to which
technology, economic conditions, or other factors have changed in the
area affected by the rule.
B. Review Schedule
The Department of Transportation (DOT) published its Unified Agenda
and Regulatory Plan on December 21, 2012 listing in Appendix D--Review
Plans for Section 610 and Other Requirements (78 FR 3299) those
regulations that each operating administration will review under
section 610 during the next 12 months. Appendix D also contains DOT's
10-year review plan for all its existing regulations.
PHMSA has divided its Hazardous Materials Regulations (HMR; 49 CFR
parts 100-185) into 10 groups by subject area. Each group will be
reviewed once every 10 years. Each group of regulations is reviewed in
a two-stage process: (1) Analysis Year; and (2) Section 610 Review
Year. In the Analysis Year, PHMSA conducts a review of the group
regulations to determine whether any rule has a significant impact on a
substantial number of small entities; and thus requires review in
accordance with section 610 of the Regulatory Flexibility Act. In each
Regulatory Agenda, PHMSA publishes the results of the analyses
completed for the previous year. For those rules that may have negative
findings, a brief rationale is provided. For parts, subparts or
sections of the HMR that do have a significant impact on a substantial
number of small entities, PHMSA will announce that it will be
conducting a formal section 610 review during the following year. For
the purposes of this review, the 2012-2013 610 review year began in the
Fall of 2012 and PHMSA's analysis will conclude in the Fall of 2013.
The following table shows the 10-year analysis and review schedule:
[[Page 27170]]
PHMSA Section 610 Review Plan 2008-2018
----------------------------------------------------------------------------------------------------------------
Analysis
Title Year Regulations to be reviewed year Review year
----------------------------------------------------------------------------------------------------------------
Specifications for Non-bulk Packagings....... 1 part 178....................... 2008 2009
Specifications for Bulk Packagings........... 2 parts 178 through 180.......... 2009 2010
Hazardous Materials Table, Special 3 parts 172 and 175.............. 2010 2011
Provisions, Hazardous Materials
Communications, Emergency Response
Information, Training Requirements, and
Security Plans; and Carriage by aircraft.
Incident Reporting........................... 4 sections 171.15 and 171.16..... 2011 2012
Hazardous Materials Program Procedures; 5 parts 106, 107, 171, 190, and 2012 2013
General Information, Regulations and 195.
Definitions; Pipeline Safety Programs and
Rulemaking Procedures; and Transportation of
Hazardous Liquids by Pipeline.
Carriage by Rail; Carriage by Highway; 6 parts 174, 177, 191, and 192... 2013 2014
Transportation of Natural and Other Gas by
Pipeline; Annual Reports, Incident Reports,
and Safety-Related Conditions Reports.
Carriage by Vessel; and Drug and Alcohol 7 parts 176 and 199.............. 2014 2015
Testing.
8 parts 172 through 178.......... 2015 2016
9 parts 172, 173, 174, 176, 177, 2016 2017
and 193.
10 parts 173 and 194.............. 2017 2018
----------------------------------------------------------------------------------------------------------------
C. 2012-2013 610 Review Year: Sections Under Review
During Year 5 (2012-2013), PHMSA has initiated and will continue to
conduct a formal section 610 review of some of 49 CFR parts 106, 107,
171. The full analysis document for the hazardous materials rules
covered by Year 5 is available in the public docket for this notice (Go
to www.regulations.gov--Search for Docket No. PHMSA-2013-0027). The
section 610 analysis that began in the fall of 2012 included 49 CFR
parts 106, 107, 171. Specific areas outlined in the full analysis for
further review include:
PART 107
------------------------------------------------------------------------
Subpart Title
------------------------------------------------------------------------
Subpart D................................. Enforcement.
Subpart D of part 107 contains the
regulations pertaining to the enforcement
authorities of the Associate
Administrator for Hazardous Materials
Safety and the Office of Chief Counsel.
It outlines the minimum, maximum, and
recommended baseline penalties for
violating the HMR and the procedures for
enforcing and imposing those sanctions.
While no additional costs or impacts are
imposed on small entities who comply with
the HMR, PHMSA seeks comment on these
regulations due to the potential for
explicit monetary expenses (e.g. civil
penalties and ticketing).
Subpart F................................. Registration of Cargo Tank
and Cargo Tank Motor
Vehicle Manufacturers,
Assemblers, Repairers,
Inspectors, Testers, and
Design Certifying
Engineers.
Subpart F of part 107 contains the
registration procedures for
manufacturers, assemblers, repairers,
inspectors, testers and design certifying
engineers of cargo tanks manufactured in
accordance with a DOT specification or
DOT special permit. In the last
regulatory evaluation conducted in 2003,
it was determined that approximately
9,200 motor carriers and 7,000 cargo tank
inspection/testing facilities are small
entities affected by the costs associated
with these procedures. PHMSA is seeking
comment on whether these regulations have
a significant impact on small entities.
Subpart I................................. Approval of Independent
Inspection Agencies,
Cylinder Requalifiers, and
Non-domestic Chemical
Analyses and Tests of DOT
Specification Cylinders.
[[Page 27171]]
Subpart I of part 107 prescribes the
approval process for persons who seek to
be an independent inspection agency to
perform tests, inspections, verifications
and certifications of DOT specification
cylinders or UN pressure receptacles.
Additionally, this subpart addresses the
approval process for a person who engages
in the requalification (e.g. inspection,
testing, or certification), rebuilding,
or repair of a cylinder manufactured in
accordance with a DOT specification or a
pressure receptacle in accordance with a
UN standard, or under the terms of a DOT
special permit. This approval is commonly
known as a requalifier identification
number (RIN). Lastly, subpart I of part
107 addresses the approval procedures for
persons who perform the manufacturing
chemical analyses and tests of DOT
specification cylinders, special permit
cylinders, or UN pressure receptacles
outside the United States. In the
regulatory analysis of previous
rulemakings affecting subpart I of part
107, it was determined that the vast
majority of entities subject to those
rulemakings were small entities. Thus,
due to the number of small entities this
subpart is estimated to affect, PHMSA is
seeking comment on whether these
regulations have a significant impact.
------------------------------------------------------------------------
As discussed in the Background and Purpose section above, Section
610 of the Regulatory Flexibility Act requires periodic reviews of
existing regulations with significant economic impact (5 U.S.C.
610(c)). In conducting this review, PHMSA is seeking specific comments
on whether the Hazardous Materials Program Procedures in 49 CFR part
107, Subparts D, F and I have a significant impact on a substantial
number of small entities. ``Small entities'' include small businesses,
not-for-profit organizations that are independently owned and operated
and are not dominant in their fields, and governmental jurisdictions
with populations under 50,000.
If your business or organization is a small entity, or you
represent a business or organization that is a small entity and the
rules in 49 CFR part 107, Subparts D, F, and I or 49 CFR parts 106,
107, 171have a significant economic impact on your business or
organization, please submit a comment at: https://www.regulations.gov/
(Docket No. PHMSA-2013-0027) explaining the following:
1. How and to what degree these rules affect you;
2. Any complaints or comments you may have concerning the covered
rules;
3. The complexity of the covered rules;
4. The extent to which the rules overlap, duplicate or conflict
with other Federal rules, and to the extent feasible, with State and
local government rules; and
5. The extent of the economic impact on you and why you believe the
economic impact is significant.
Issued in Washington, DC, on April 30, 2013 under authority
delegated in 49 CFR part 106.
Magdy El-Sibaie,
Associate Administrator for Hazardous Materials Safety Pipeline and
Hazardous Materials Safety Administration.
[FR Doc. 2013-10897 Filed 5-8-13; 8:45 am]
BILLING CODE 4910-60-P
