Small Entity Size Standards Under the Regulatory Flexibility Act, 42484-42485 [2013-17022]

Download as PDF 42484 Federal Register / Vol. 78, No. 136 / Tuesday, July 16, 2013 / Proposed Rules reversed or otherwise modified by the Supreme Court, states are not required to submit 110(a)(2)(D)(i)(I) SIPs until the EPA has quantified their obligations under that section. In this action, EPA is proposing to act on the Commonwealth of Pennsylvania’s 110(a)(2)(D)(i)(I) submission. pmangrum on DSK3VPTVN1PROD with PROPOSALS-1 III. Proposed Action EPA is proposing to approve the following section 110(a)(2) elements of Pennsylvania’s SIP revision: (A), (B), (C), (D)(i)(I), (D)(i)(II), (D)(ii), (E)(i), (E)(iii), (F), (G), (H), (J), (K), (L), and (M), or portions thereof. EPA will take separate action on section 110(a)(2)(E)(ii). Pennsylvania’s SIP revision provides the basic program elements specified in CAA section 110(a)(2) necessary to implement, maintain, and enforce the 2008 lead NAAQS. This SIP revision was submitted on September 24, 2012. This action does not include section 110(a)(2)(I) of the CAA which pertains to the nonattainment requirements of part D, Title I of the CAA, since this element is not required to be submitted by the 3-year submission deadline of CAA section 110(a)(1), and will be addressed in a separate process. EPA is soliciting public comments on the issues discussed in this document. These comments will be considered before taking final action. IV. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely proposes to approve state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this proposed action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); • does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • does not contain any unfunded mandate or significantly or uniquely VerDate Mar<15>2010 14:53 Jul 15, 2013 Jkt 229001 affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and • does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this proposed rule, which satisfies certain infrastructure requirements of section 110(a)(2) of the CAA for the 2008 lead NAAQS for the Commonwealth of Pennsylvania, does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Lead, Reporting and recordkeeping requirements. Authority: 42 U.S.C. 7401 et seq. Dated: July 2, 2013. W.C. Early, Acting Regional Administrator, Region III. [FR Doc. 2013–17020 Filed 7–15–13; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board 49 CFR Chapter X Flexibility Act (RFA) and request for public comment. The Board is proposing to define ‘‘small business’’ for the purpose of RFA analyses as including only those rail carriers with revenues that would bring them within the definition of a Class III rail carrier. DATES: Comments are due by August 15, 2013. FOR FURTHER INFORMATION CONTACT: Amy Ziehm at (202) 245–0391. Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at (800) 877–8339. SUPPLEMENTARY INFORMATION: The RFA requires agencies to consider the impact of their regulatory proposals on small entities. The RFA defines ‘‘small entity’’ as having the same meaning as the terms ‘‘small business,’’ ‘‘small organization,’’ and ‘‘small governmental jurisdiction.’’ 1 5 U.S.C. 601(6). Generally, a small business is a business concern that is independently owned and operated, and is not dominant in its field of operation. 5 U.S.C. 601(3); 15 U.S.C. 632. The Small Business Administration (SBA) has developed size standards to carry out the purposes of the Small Business Act. An agency may establish other definitions for ‘‘small business’’ that are appropriate to the agency’s activities after consultation with the SBA’s Office of Advocacy and opportunity for public comment. 5 U.S.C. 601(3). Pursuant to its statutory authority, the SBA promulgated regulations that clarify the term ‘‘small business’’ by industry, using number of employees or annual income as criteria. Under these regulations, line-haul railroads with 1,500 or fewer employees and short line railroads with 500 or fewer employees constitute small entities. 13 CFR 121.201 (industry subsector 482). The Board proposes to establish a size standard for purposes of RFA analysis for rail carriers subject to our jurisdiction based on annual operating revenues rather than number of employees. The Board was created by the ICC Termination Act of 1995, Public Law 104–88, 109 Stat. 803 (1995), on January 1, 1996, to assume some functions of the Interstate Commerce Commission (ICC), which was terminated by that same Act. SUMMARY: [Docket No. EP 719] Small Entity Size Standards Under the Regulatory Flexibility Act Surface Transportation Board (Board or STB), DOT. ACTION: Notice of proposed size standards for purposes of the Regulatory AGENCY: PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 1 The RFA defines ‘‘small organization’’ as meaning ‘‘any not-for-profit enterprise which is independently owned and operated and is not dominant in its field . . . ,’’ and ‘‘small governmental jurisdiction’’ as meaning ‘‘governments of cities, counties, towns, townships, villages, school districts, or special districts, with a population of less than fifty thousand. . . .’’ 5 U.S.C. 601(4) & (5). E:\FR\FM\16JYP1.SGM 16JYP1 Federal Register / Vol. 78, No. 136 / Tuesday, July 16, 2013 / Proposed Rules pmangrum on DSK3VPTVN1PROD with PROPOSALS-1 The majority of the functions that the Board assumed are related to the regulation of freight railroads. The ICC had previously developed a classification system for freight railroads based on annual operating revenue, pursuant to which railroads were classified as Class I, II, or III. This classification system was used by the ICC as early as 1911, and the Board continues to use it in the administration of its duties. Currently, the Board’s regulations define Class I rail carriers as having operating revenues of $250 million or more, Class II rail carriers as having less than $250 million but in excess of $20 million, and Class III rail carriers as having $20 million or less, after applying the railroad revenue deflator formula. The Board calculates the revenue deflator factor annually and publishes the railroad revenue thresholds on its Web site. This classification system is used pervasively by the Board and the railroad industry to identify rail entities by size. The Board’s governing statute, VerDate Mar<15>2010 14:53 Jul 15, 2013 Jkt 229001 its precedent, and its regulations often impose different requirements depending on the class of carrier involved. In 2003, the Federal Railroad Administration acknowledged the soundness of this system when it adopted, after consultation with the SBA’s Office of Advocacy and opportunity for public comment, a definition of small entity for RFA purposes as including only those rail carriers with revenues that would bring them within the Class III definition. 68 FR 24,891 (2003); see also 62 FR 43,024 (1997). The SBA’s Office of Advocacy has been consulted with respect to the Board’s decision to use this system for the purpose of RFA analyses. The Board proposes to define ‘‘small business’’ as including only those rail carriers with revenues that would bring them within the Class III definition. The Board believes that this definition is more realistic and useful than the general definitions previously established by the SBA, and it is consistent with the PO 00000 Frm 00006 Fmt 4702 Sfmt 9990 42485 practices of the Federal Railroad Administration. This action will not significantly affect either the quality of the human environment or the conservation of energy resources. It is ordered: 1. Comments are due by August 15, 2013. 2. A copy of this decision will be served upon the Chief Counsel for Advocacy, Office of Advocacy, U.S. Small Business Administration. 3. Notice of this decision will be published in the Federal Register. 4. This decision is effective on its service date. Decided: July 11, 2013. By the Board, Chairman Elliott, Vice Chairman Begeman, and Commissioner Mulvey. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2013–17022 Filed 7–15–13; 8:45 am] BILLING CODE 4915–01–P E:\FR\FM\16JYP1.SGM 16JYP1

Agencies

[Federal Register Volume 78, Number 136 (Tuesday, July 16, 2013)]
[Proposed Rules]
[Pages 42484-42485]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-17022]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Chapter X

[Docket No. EP 719]


Small Entity Size Standards Under the Regulatory Flexibility Act

AGENCY: Surface Transportation Board (Board or STB), DOT.

ACTION: Notice of proposed size standards for purposes of the 
Regulatory Flexibility Act (RFA) and request for public comment.

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SUMMARY: The Board is proposing to define ``small business'' for the 
purpose of RFA analyses as including only those rail carriers with 
revenues that would bring them within the definition of a Class III 
rail carrier.

DATES: Comments are due by August 15, 2013.

FOR FURTHER INFORMATION CONTACT: Amy Ziehm at (202) 245-0391. 
Assistance for the hearing impaired is available through the Federal 
Information Relay Service (FIRS) at (800) 877-8339.

SUPPLEMENTARY INFORMATION: The RFA requires agencies to consider the 
impact of their regulatory proposals on small entities. The RFA defines 
``small entity'' as having the same meaning as the terms ``small 
business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' \1\ 5 U.S.C. 601(6). Generally, a small business is a 
business concern that is independently owned and operated, and is not 
dominant in its field of operation. 5 U.S.C. 601(3); 15 U.S.C. 632. The 
Small Business Administration (SBA) has developed size standards to 
carry out the purposes of the Small Business Act. An agency may 
establish other definitions for ``small business'' that are appropriate 
to the agency's activities after consultation with the SBA's Office of 
Advocacy and opportunity for public comment. 5 U.S.C. 601(3).
---------------------------------------------------------------------------

    \1\ The RFA defines ``small organization'' as meaning ``any not-
for-profit enterprise which is independently owned and operated and 
is not dominant in its field . . . ,'' and ``small governmental 
jurisdiction'' as meaning ``governments of cities, counties, towns, 
townships, villages, school districts, or special districts, with a 
population of less than fifty thousand. . . .'' 5 U.S.C. 601(4) & 
(5).
---------------------------------------------------------------------------

    Pursuant to its statutory authority, the SBA promulgated 
regulations that clarify the term ``small business'' by industry, using 
number of employees or annual income as criteria. Under these 
regulations, line-haul railroads with 1,500 or fewer employees and 
short line railroads with 500 or fewer employees constitute small 
entities. 13 CFR 121.201 (industry subsector 482). The Board proposes 
to establish a size standard for purposes of RFA analysis for rail 
carriers subject to our jurisdiction based on annual operating revenues 
rather than number of employees.
    The Board was created by the ICC Termination Act of 1995, Public 
Law 104-88, 109 Stat. 803 (1995), on January 1, 1996, to assume some 
functions of the Interstate Commerce Commission (ICC), which was 
terminated by that same Act.

[[Page 42485]]

The majority of the functions that the Board assumed are related to the 
regulation of freight railroads. The ICC had previously developed a 
classification system for freight railroads based on annual operating 
revenue, pursuant to which railroads were classified as Class I, II, or 
III. This classification system was used by the ICC as early as 1911, 
and the Board continues to use it in the administration of its duties. 
Currently, the Board's regulations define Class I rail carriers as 
having operating revenues of $250 million or more, Class II rail 
carriers as having less than $250 million but in excess of $20 million, 
and Class III rail carriers as having $20 million or less, after 
applying the railroad revenue deflator formula. The Board calculates 
the revenue deflator factor annually and publishes the railroad revenue 
thresholds on its Web site.
    This classification system is used pervasively by the Board and the 
railroad industry to identify rail entities by size. The Board's 
governing statute, its precedent, and its regulations often impose 
different requirements depending on the class of carrier involved. In 
2003, the Federal Railroad Administration acknowledged the soundness of 
this system when it adopted, after consultation with the SBA's Office 
of Advocacy and opportunity for public comment, a definition of small 
entity for RFA purposes as including only those rail carriers with 
revenues that would bring them within the Class III definition. 68 FR 
24,891 (2003); see also 62 FR 43,024 (1997). The SBA's Office of 
Advocacy has been consulted with respect to the Board's decision to use 
this system for the purpose of RFA analyses. The Board proposes to 
define ``small business'' as including only those rail carriers with 
revenues that would bring them within the Class III definition. The 
Board believes that this definition is more realistic and useful than 
the general definitions previously established by the SBA, and it is 
consistent with the practices of the Federal Railroad Administration.
    This action will not significantly affect either the quality of the 
human environment or the conservation of energy resources.
    It is ordered:
    1. Comments are due by August 15, 2013.
    2. A copy of this decision will be served upon the Chief Counsel 
for Advocacy, Office of Advocacy, U.S. Small Business Administration.
    3. Notice of this decision will be published in the Federal 
Register.
    4. This decision is effective on its service date.

    Decided: July 11, 2013.

    By the Board, Chairman Elliott, Vice Chairman Begeman, and 
Commissioner Mulvey.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2013-17022 Filed 7-15-13; 8:45 am]
BILLING CODE 4915-01-P

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