Polychlorinated Biphenyls (PCBs): Manufacturing (Import) Exemption for the Defense Logistics Agency (DLA), 33867-33868 [2014-13856]
Download as PDF
Federal Register / Vol. 79, No. 114 / Friday, June 13, 2014 / Rules and Regulations
this rule under that Order and have
determined that it is consistent with the
fundamental federalism principles and
preemption requirements described in
E.O. 13132. Our analysis is explained
below.
As noted earlier in the preamble, this
rule implements section 711 of Public
Law 111–281 for PWS. With respect to
federalism, section 711(c) of Public Law
111–281 provides that nothing in the
Act or any other provision of Federal
law related to the regulation of maritime
transportation of oil should be
construed or interpreted as preempting
the authority of the State, or a political
subdivision thereof, from requiring
escort vessels to accompany tankers
transporting oil in bulk in PWS. This
rule does not have any federalism
implications as it has no effect on the
laws or regulations of the State of
Alaska. The rule has no preemptive
effect because the rule implements the
Congressional mandate. Furthermore,
this statute preserves the authority of
the State of Alaska to promulgate
additional requirements in PWS beyond
that required by this rule. Therefore,
this rule is consistent with the
fundamental federalism principles and
preemption requirements described in
E.O. 13132.
F. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
mstockstill on DSK4VPTVN1PROD with RULES
G. Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under E.O. 12630,
Governmental Actions and Interference
with Constitutionally Protected Property
Rights.
H. Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of E.O.
12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and
reduce burden.
I. Protection of Children
We have analyzed this rule under E.O.
13045, Protection of Children from
Environmental Health Risks and Safety
Risks. This rule is not an economically
VerDate Mar<15>2010
16:24 Jun 12, 2014
Jkt 232001
significant rule and does not create an
environmental risk to health or risk to
safety that may disproportionately affect
children.
J. Indian Tribal Governments
This rule does not have tribal
implications under E.O. 13175,
Consultation and Coordination with
Indian Tribal Governments, because it
does 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.
K. Energy Effects
We have analyzed this rule under E.O.
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under E.O. 12866 and is not likely to
have a significant adverse effect on the
supply, distribution, or use of energy.
L. Technical Standards
The National Technology Transfer
and Advancement Act (15 U.S.C. 272
note) directs agencies to use voluntary
consensus standards in their regulatory
activities unless the agency provides
Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
M. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have concluded
that this action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
the human environment. This rule is
categorically excluded under section
6(b) of the ‘‘Appendix to National
PO 00000
Frm 00019
Fmt 4700
Sfmt 4700
33867
Environmental Policy Act: Coast Guard
Procedures for Categorical Exclusions,
Notice of Final Agency Policy,’’ (67 FR
48244, July 23, 2002). This rule involves
Congressionally-mandated regulations
designed to protect the environment,
specifically, regulations implementing
the requirements of the Act. An
environmental analysis checklist and a
categorical exclusion determination are
available in the docket where indicated
under ADDRESSES.
List of Subjects in 33 CFR Part 168
Cargo vessels, Navigation (water), Oil
pollution, Water pollution control.
For the reasons discussed in the
preamble, the interim rule amending 33
CFR part 168 that was published at 78
FR 50335 on August 19, 2013, is
adopted as a final rule without change.
Dated: June 9, 2014.
J. G. Lantz,
Director of Commercial Regulations and
Standards, U.S. Coast Guard.
[FR Doc. 2014–13809 Filed 6–12–14; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 761
[EPA–HQ–RCRA–2013–0396; FRL–9912–25–
OSWER]
RIN 2050–AG79
Polychlorinated Biphenyls (PCBs):
Manufacturing (Import) Exemption for
the Defense Logistics Agency (DLA)
Environmental Protection
Agency (EPA).
ACTION: Withdrawal of Direct final rule
and Notice of Informal Hearing.
AGENCY:
On April 2, 2014, the U.S.
Environmental Protection Agency (EPA
or the agency) took direct final action on
a petition submitted by the U.S. Defense
Logistics Agency (DLA) to allow DLA to
import foreign-manufactured
polychlorinated biphenyls (PCBs) from
Japan effective on July 1, 2014, unless
EPA received adverse written comments
or a request to hold an informal hearing.
Because EPA received an adverse
comment, as well as a request for an
informal hearing, we are withdrawing
the direct final rule titled,
‘‘Polychlorinated Biphenyls (PCBs):
Manufacturing (Import) Exemption for
the Defense Logistics Agency (DLA).’’
This notice also announces the time and
location of that hearing.
DATES: Effective June 13, 2014, EPA
withdraws the direct final rule
SUMMARY:
E:\FR\FM\13JNR1.SGM
13JNR1
mstockstill on DSK4VPTVN1PROD with RULES
33868
Federal Register / Vol. 79, No. 114 / Friday, June 13, 2014 / Rules and Regulations
published at 79 FR 18471 on April 2,
2014. The informal hearing will take
place on Tuesday, July 8, 2014, from 9
a.m. to 1 p.m. All those wishing to
provide oral comments at the hearing
must send a written request to EPA.
Requests must be received on or before
July 1, 2014.
ADDRESSES: The hearing will be held at
the EPA building at 2777 South Crystal
Drive, Arlington, Virginia 22202. The
hearing will be on the 4th floor in
conference room North 4850/70.
Requests to Participate: A request to
provide oral comments at the informal
hearing must be received by the Hearing
Clerk on or before July 1, 2014 by one
of the following methods:
• Email: Requests may be sent by
electronic mail to noggle.william@
epa.gov.
• Fax: Requests may be faxed to (703)
308–0514, Attention: William Noggle;
Docket ID No. EPA–HQ–RCRA–2013–
0396.
• Mail: Requests may be sent to
William Noggle, U.S. EPA, 1200
Pennsylvania Avenue NW., Washington,
DC 20460, Mail Code 5304P, Attention:
Docket ID No. EPA–HQ–RCRA–2013–
0396. Note that mail sent to EPA is
subject to significant delays due to
security screening, so please plan for
additional delivery time.
• Hand Delivery: Requests may be
hand delivered to William Noggle, U.S.
EPA, Office of Resource Conservation
and Recovery, Two Potomac Yard, 2733
South Crystal Drive, 5th Floor, N5612,
Arlington, VA 22202. Such deliveries
are only accepted during the business
hours from 9 a.m. to 5 p.m., Monday
through Friday, excluding legal
holidays. Please call William Noggle at
703–347–8769 prior to delivery.
Instructions: Please see https://
www.epa.gov/epawaste/hazard/tsd/
pcbs/dlapcb.htm for the type of
information that must be included in
the request to provide oral comments at
the informal hearing, who may
participate, as well as the procedures
that EPA will follow in conducting the
informal hearing. Please note that oral
comments will be heard from those
persons who have requested to
participate in the hearing. Members of
the public can attend without prior
notification to the Hearing Clerk, but
they will not be part of the hearing
schedule to give presentations and/o or
oral comments. However, attendees not
on the hearing schedule may be
permitted to speak if time allows. Also
note that the advance participation
requests will assist in planning for the
hearing. Additionally, the time for
individual presentations may be
VerDate Mar<15>2010
16:24 Jun 12, 2014
Jkt 232001
limited, depending on the number of
requests received.
Individuals requiring special
accommodation at this hearing,
including wheelchair access or hearing
impaired accommodations, should
contact the Hearing Clerk by email,
noggle.william@epa.gov, or telephone,
(703) 347–8769, at least five (5) business
days prior to the hearing so that
appropriate arrangements can be made.
Docket: All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, e.g., confidential business
information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically in
www.regulations.gov or in hard copy at
the RCRA Docket, EPA/DC, WJC West,
Room 3334, 1301 Constitution Ave.
NW., Washington, DC. The Public
Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone
number for the Public Reading Room is
(202) 566–1744, and the telephone
number for the RCRA Docket is (202)
566–0270.
FOR FURTHER INFORMATION CONTACT:
William Noggle, U.S. Environmental
Protection Agency, 1200 Pennsylvania
Avenue NW., Washington, DC 20460,
Mail Code 5304P; at (703) 347–8769 or
noggle.william@epa.gov.
SUPPLEMENTARY INFORMATION: On April
23, 2013, EPA received a petition from
the U.S. Defense Logistics Agency
(DLA), a component of the United States
Department of Defense (DoD), to import
foreign-manufactured PCBs that DoD
currently owns in Japan for disposal in
the United States. In response to that
petition, on April 2, 2014, EPA issued
a direct final rule (79 FR 18471) and
parallel proposed rule (79 FR 18497), to
grant the request and provided a 30-day
public comment period. During the
comment period, EPA received an
adverse comment as well as a request to
hold an informal hearing.
Withdrawal of Direct Final Rule:
Because EPA received adverse
comment, as well as a request to hold
an informal hearing, we are
withdrawing the direct final rule. We
stated in the direct final rule that if we
received adverse comment on the
proposed rule by May 2, 2014, 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
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
final rule, which will be considered as
part of the parallel proposed rule.
Notice of Informal Hearing: EPA is
granting a request from a member of the
public to hold an informal hearing to
receive oral comments on the proposed
regulation. The procedures for
rulemaking under section 6 of the Toxic
Substances Control Act (TSCA) are
found at 40 CFR part 750. Specific
procedures for manufacturing (import)
exemptions are identified in 40 CFR
part 750, subpart B, and the procedures
for participation in and the conduct of
informal hearings are found at 40 CFR
750.18–750.20. Please see EPA’s Web
site at https://www.epa.gov/epawaste/
hazard/tsd/pcbs/dlapcb.htm for the
specific procedures for the informal
hearing and the most current
information on the hearing timeline.
Please note that all dates for the
hearing process are subject to change.
Individuals interested in this hearing
and rulemaking should check the Web
site for the most current information.
List of Subjects in 40 CFR Part 761
Environmental protection, Hazardous
substances, Polychlorinated biphenyls.
Dated: June 6, 2014.
Mathy Stanislaus,
Assistant Administrator, Office of Solid Waste
and Emergency Response.
Accordingly, EPA withdraws the
amendment to 40 CFR 761.80(j),
published in the Federal Register on
April 2, 2014 (79 FR 18471), as of June
13, 2014.
[FR Doc. 2014–13856 Filed 6–12–14; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 67
[Docket ID FEMA–2014–0002]
Final Flood Elevation Determinations;
Withdrawal
Federal Emergency
Management Agency, DHS.
ACTION: Final rule; withdrawal.
AGENCY:
The Federal Emergency
Management Agency (FEMA) is
withdrawing its final rule concerning
the flood elevation determinations for
Colfax County, Nebraska, and
Incorporated Areas.
DATE: Effective June 13, 2014.
FOR FURTHER INFORMATION CONTACT: Luis
Rodriguez, Chief, Engineering
SUMMARY:
E:\FR\FM\13JNR1.SGM
13JNR1
Agencies
[Federal Register Volume 79, Number 114 (Friday, June 13, 2014)]
[Rules and Regulations]
[Pages 33867-33868]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-13856]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 761
[EPA-HQ-RCRA-2013-0396; FRL-9912-25-OSWER]
RIN 2050-AG79
Polychlorinated Biphenyls (PCBs): Manufacturing (Import)
Exemption for the Defense Logistics Agency (DLA)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Withdrawal of Direct final rule and Notice of Informal Hearing.
-----------------------------------------------------------------------
SUMMARY: On April 2, 2014, the U.S. Environmental Protection Agency
(EPA or the agency) took direct final action on a petition submitted by
the U.S. Defense Logistics Agency (DLA) to allow DLA to import foreign-
manufactured polychlorinated biphenyls (PCBs) from Japan effective on
July 1, 2014, unless EPA received adverse written comments or a request
to hold an informal hearing. Because EPA received an adverse comment,
as well as a request for an informal hearing, we are withdrawing the
direct final rule titled, ``Polychlorinated Biphenyls (PCBs):
Manufacturing (Import) Exemption for the Defense Logistics Agency
(DLA).'' This notice also announces the time and location of that
hearing.
DATES: Effective June 13, 2014, EPA withdraws the direct final rule
[[Page 33868]]
published at 79 FR 18471 on April 2, 2014. The informal hearing will
take place on Tuesday, July 8, 2014, from 9 a.m. to 1 p.m. All those
wishing to provide oral comments at the hearing must send a written
request to EPA. Requests must be received on or before July 1, 2014.
ADDRESSES: The hearing will be held at the EPA building at 2777 South
Crystal Drive, Arlington, Virginia 22202. The hearing will be on the
4th floor in conference room North 4850/70.
Requests to Participate: A request to provide oral comments at the
informal hearing must be received by the Hearing Clerk on or before
July 1, 2014 by one of the following methods:
Email: Requests may be sent by electronic mail to
noggle.william@epa.gov.
Fax: Requests may be faxed to (703) 308-0514, Attention:
William Noggle; Docket ID No. EPA-HQ-RCRA-2013-0396.
Mail: Requests may be sent to William Noggle, U.S. EPA,
1200 Pennsylvania Avenue NW., Washington, DC 20460, Mail Code 5304P,
Attention: Docket ID No. EPA-HQ-RCRA-2013-0396. Note that mail sent to
EPA is subject to significant delays due to security screening, so
please plan for additional delivery time.
Hand Delivery: Requests may be hand delivered to William
Noggle, U.S. EPA, Office of Resource Conservation and Recovery, Two
Potomac Yard, 2733 South Crystal Drive, 5th Floor, N5612, Arlington, VA
22202. Such deliveries are only accepted during the business hours from
9 a.m. to 5 p.m., Monday through Friday, excluding legal holidays.
Please call William Noggle at 703-347-8769 prior to delivery.
Instructions: Please see https://www.epa.gov/epawaste/hazard/tsd/pcbs/dlapcb.htm for the type of information that must be included in
the request to provide oral comments at the informal hearing, who may
participate, as well as the procedures that EPA will follow in
conducting the informal hearing. Please note that oral comments will be
heard from those persons who have requested to participate in the
hearing. Members of the public can attend without prior notification to
the Hearing Clerk, but they will not be part of the hearing schedule to
give presentations and/ or oral comments. However, attendees not on the
hearing schedule may be permitted to speak if time allows. Also note
that the advance participation requests will assist in planning for the
hearing. Additionally, the time for individual presentations may be
limited, depending on the number of requests received.
Individuals requiring special accommodation at this hearing,
including wheelchair access or hearing impaired accommodations, should
contact the Hearing Clerk by email, noggle.william@epa.gov, or
telephone, (703) 347-8769, at least five (5) business days prior to the
hearing so that appropriate arrangements can be made.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., confidential business
information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, will
be publicly available only in hard copy. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy at the RCRA Docket, EPA/DC, WJC West, Room 3334, 1301
Constitution Ave. NW., Washington, DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the RCRA Docket is (202) 566-
0270.
FOR FURTHER INFORMATION CONTACT: William Noggle, U.S. Environmental
Protection Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460,
Mail Code 5304P; at (703) 347-8769 or noggle.william@epa.gov.
SUPPLEMENTARY INFORMATION: On April 23, 2013, EPA received a petition
from the U.S. Defense Logistics Agency (DLA), a component of the United
States Department of Defense (DoD), to import foreign-manufactured PCBs
that DoD currently owns in Japan for disposal in the United States. In
response to that petition, on April 2, 2014, EPA issued a direct final
rule (79 FR 18471) and parallel proposed rule (79 FR 18497), to grant
the request and provided a 30-day public comment period. During the
comment period, EPA received an adverse comment as well as a request to
hold an informal hearing.
Withdrawal of Direct Final Rule: Because EPA received adverse
comment, as well as a request to hold an informal hearing, we are
withdrawing the direct final rule. We stated in the direct final rule
that if we received adverse comment on the proposed rule by May 2,
2014, 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, which will be considered as
part of the parallel proposed rule.
Notice of Informal Hearing: EPA is granting a request from a member
of the public to hold an informal hearing to receive oral comments on
the proposed regulation. The procedures for rulemaking under section 6
of the Toxic Substances Control Act (TSCA) are found at 40 CFR part
750. Specific procedures for manufacturing (import) exemptions are
identified in 40 CFR part 750, subpart B, and the procedures for
participation in and the conduct of informal hearings are found at 40
CFR 750.18-750.20. Please see EPA's Web site at https://www.epa.gov/epawaste/hazard/tsd/pcbs/dlapcb.htm for the specific procedures for the
informal hearing and the most current information on the hearing
timeline.
Please note that all dates for the hearing process are subject to
change. Individuals interested in this hearing and rulemaking should
check the Web site for the most current information.
List of Subjects in 40 CFR Part 761
Environmental protection, Hazardous substances, Polychlorinated
biphenyls.
Dated: June 6, 2014.
Mathy Stanislaus,
Assistant Administrator, Office of Solid Waste and Emergency Response.
Accordingly, EPA withdraws the amendment to 40 CFR 761.80(j),
published in the Federal Register on April 2, 2014 (79 FR 18471), as of
June 13, 2014.
[FR Doc. 2014-13856 Filed 6-12-14; 8:45 am]
BILLING CODE 6560-50-P