Organization and Functions of the Chemical Safety and Hazard Investigation Board, 46822-46824 [2015-18318]
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46822
Federal Register / Vol. 80, No. 151 / Thursday, August 6, 2015 / Rules and Regulations
The Codex Alimentarius is a joint
United Nations Food and Agriculture
Organization/World Health
Organization food standards program,
and it is recognized as an international
food safety standards-setting
organization in trade agreements to
which the United States is a party. EPA
may establish a tolerance that is
different from a Codex MRL; however,
FFDCA section 408(b)(4) requires that
EPA explain the reasons for departing
from the Codex level.
The Codex has not established a MRL
for fluazifop-P-butyl.
mstockstill on DSK4VPTVN1PROD with RULES
V. Conclusion
Therefore, the tolerance is amended
for residues of fluazifop-P-butyl in or on
sweet potato, roots from 0.05 ppm to 1.5
ppm.
VI. Statutory and Executive Order
Reviews
This action amends a tolerance under
FFDCA section 408(d) in response to a
petition submitted to the Agency. The
Office of Management and Budget
(OMB) has exempted these types of
actions from review under Executive
Order 12866, entitled ‘‘Regulatory
Planning and Review’’ (58 FR 51735,
October 4, 1993). Because this action
has been exempted from review under
Executive Order 12866, this action is
not subject to Executive Order 13211,
entitled ‘‘Actions Concerning
Regulations That Significantly Affect
Energy Supply, Distribution, or Use’’ (66
FR 28355, May 22, 2001) or Executive
Order 13045, entitled ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997). This action does not
contain any information collections
subject to OMB approval under the
Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), nor does it 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).
Since tolerances and exemptions that
are established on the basis of a petition
under FFDCA section 408(d), 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 action 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
VerDate Sep<11>2014
16:05 Aug 05, 2015
Jkt 235001
in the preemption provisions of FFDCA
section 408(n)(4). 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. 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 action. In addition, this action
does not impose any enforceable duty or
contain any unfunded mandate as
described under Title II of the Unfunded
Mandates Reform Act (UMRA) (2 U.S.C.
1501 et seq.).
This action does not involve any
technical standards that would require
Agency consideration of voluntary
consensus standards pursuant to section
12(d) of the National Technology
Transfer and Advancement Act
(NTTAA) (15 U.S.C. 272 note).
VII. Congressional Review Act
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), 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 the rule in the Federal
Register. This action 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: July 23, 2015.
Susan Lewis,
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.
2. In § 180.411, revise the commodity
‘‘Sweet potato, roots’’ in the table in
paragraph (a) to read as follows:
■
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§ 180.411 Fluazifop-P-butyl; tolerances for
residues.
(a) * * *
Commodity
Parts
per
million
*
*
*
*
Sweet potato, roots ........................
*
1.5
*
*
*
*
*
[FR Doc. 2015–18825 Filed 8–5–15; 8:45 am]
BILLING CODE 6560–50–P
CHEMICAL SAFETY AND HAZARD
INVESTIGATION BOARD
40 CFR Part 1600
Organization and Functions of the
Chemical Safety and Hazard
Investigation Board
Chemical Safety and Hazard
Investigation Board.
ACTION: Final rule.
AGENCY:
This rule amends the quorum
and voting regulations of the Chemical
Safety and Hazard Investigation Board
(CSB). The amendments add a
requirement for the Chairperson to place
notation votes that have been
calendared for discussion at a Board
Meeting to the agenda of a public
meeting within 90 days of the
calendared notation vote. The rule also
adds a requirement for the Chairperson
to conduct a minimum of four public
meetings per year in Washington, DC.
DATES: Effective August 6, 2015.
SUPPLEMENTARY INFORMATION: This final
rule will promote increased
transparency and accountability for
Board activities. It aligns with the Open
Government principles of transparency,
participation, and collaboration, as
outlined in the Memorandum on
Transparency and Open Government
(74 FFR 4685, Jan. 26, 2009).
The Board conducts most votes
through a process of notation voting. In
notation voting, Board Members may
vote to approve, disapprove, or calendar
a notation item for discussion at a
public meeting. In recent years, notation
items have been calendared but then not
placed on the agenda for discussion at
a public meeting of the Board. The
addition of language to 40 CFR
1600.5(b) will ensure that calendaring is
used in the way it was intended. It will
require the consideration of calendared
notation votes at a public meeting
within 90 days of the calendaring
action. Prior to the adoption of this
amendment to the rule, calendaring
SUMMARY:
E:\FR\FM\06AUR1.SGM
06AUR1
mstockstill on DSK4VPTVN1PROD with RULES
Federal Register / Vol. 80, No. 151 / Thursday, August 6, 2015 / Rules and Regulations
could amount to a veto by a single
Member even when other Members
wished to vote on the item. This added
language will prevent that action and
preserve only the original intent of
calendaring. 40 CFR 1600.5(b) of this
rule was amended to state that a
‘‘notation vote to schedule a public
meeting may not be calendared.’’ This
change is intended to require a straight
vote when one or more members may be
reluctant to schedule a public meeting.
The result is intended to provide an
opportunity for important substantive
business of the Board to be discussed
publicly.
New paragraph (c) adds provisions to
ensure that the Board meets at least
quarterly to review important CSB
mission work and reaffirms the
authority of all Board Members to add
items for discussion to the agendas of
such CSB public meetings. This
provision reinforces the policy of the
Board (in Board Order 1, Section 9.b.2)
that permits members to request public
meeting agenda additions or changes.
The amended rule also requires that the
Board’s quarterly meetings consider, at
a minimum, calendared notation votes,
important mission-related activities, and
quarterly agency action plan progress.
This portion of the rule is also intended
to increase the transparency of Board
actions, to promote the Board’s
accountability to the public, and to
ensure regular, relevant feedback is
received from the public related to the
agency’s mission work.
Although not required for this action,
the Board published the proposed
amendments in the Federal Register
and provided thirty days for public
comment.
The CSB received two written
comments during the written comment
period and several oral public
comments at a meeting on June 18,
2015. The written comments have been
posted to the CSB Web site at https://
www.csb.gov/about-the-csb/publiccomments/, and the oral comments
concerning the rule are in the transcript
of the discussion which took place on
June 18, 2015.
One written comment and each of the
oral comments were favorable. The
written comment from the United Steel,
Paper and Forestry, Rubber,
Manufacturing, Energy, Allied
Industrial and Service Workers
International Union (USW), supported
the rule because it will increase the
transparency of the Board’s actions and
facilitate stakeholder involvement and
CSB accountability. The USW fully
supports the decision to hold regular
quarterly business meetings, but noted
that a method for participation by phone
VerDate Sep<11>2014
16:05 Aug 05, 2015
Jkt 235001
for those not in the Washington area is
important. The comment also supported
the rule’s new requirements that
calendared notation items be discussed
in public within 90 days and that all
Board Members may add items to public
meeting agendas.
The USW also noted that Board
Members should not cancel any
investigation without sufficient
notification to stakeholders. Earlier this
year, the CSB voted to terminate three
investigations at a meeting on January
28, 2015, even though the Federal
Register notice (80 FR 2392 (Jan. 16,
2015)) did not provide specific notice
that the Board might take such an
action. The Board received criticism for
providing inadequate notice. New
section (ii) of this rule provides in
pertinent part that each quarterly
meeting shall include as an agenda item
a ‘‘review by the Board of the schedule
for completion of all open
investigations, studies, and other
important work of the Board.’’ If the
Board were considering the cancellation
of a particular investigation, such a
discussion should occur at a quarterly
meeting under this general agenda item.
Without specifically stating such a
possibility, interested members of the
public might not be aware that the
Board could vote to cancel a specific
investigation at a quarterly public
meeting.
An oral public comment from the
American Chemistry Council was
supportive of the amended rule.
The CSB also received a negative
comment from Public Employees for
Environmental Responsibility (PEER).
PEER commented that the thirty day
comment period was insufficient.
However, as noted above, this rule
could have been published as a final
rule without any public comment
period, and the Board also scheduled a
public meeting to discuss the proposed
changes and to provide an additional
opportunity for public input.
PEER also noted that the rule could
force the Board to hold a public meeting
every single workday to accommodate
this requirement to consider calendared
notation items within ninety days. The
Board does not share this concern.
Because the Board will hold quarterly
and other public meetings, the Board
would rarely need to convene a special
meeting solely to consider a calendared
notation item.
PEER expressed concern that the
Washington, DC, location for business
meetings was not convenient to all
stakeholders. With respect to this
concern, the CSB has provided and
plans to continue to provide an
opportunity for teleconference or
PO 00000
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Fmt 4700
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46823
webcast participation in the four
meetings in Washington, DC. The CSB
will also continue to conduct public
meetings, as appropriate, throughout the
United States.
PEER recommended undertaking a
cost benefit analysis of the rule before
finalizing it due to a concern that the
proposed rule could negatively impact
public meetings held in communities in
which an accident has occurred. PEER
noted that the CSB appears to lack the
personnel and resources to hold both
Washington, DC and community-based
meetings effectively. The Board shares
this important concern. However, the
Board has determined that this concern
is a basis for caution, not a reason to
delay adoption of the rule.
The Board contemplates that the cost
of regular business meetings in
Washington, DC, will be minimal as
such meetings will be conducted at CSB
headquarters, limited in scope, and
should not involve excessive staff time
to prepare and to conduct. The Board
will evaluate per meeting costs over the
next year to ensure that these costs are
reasonable in relation to the anticipated
benefits, and consider the need to seek
additional resources to ensure that the
new rule does not negatively impact
community based public meetings.
Having considered these comments,
the Board has determined that the rule
should be finalized without additional
changes at this time. The Board plans to
review the rule a year from its adoption
to ensure the revisions have succeeded
in accomplishing the primary objectives
of improving transparency and
accountability to stakeholders.
Statutory Authority: 5 U.S.C. 301,
552(a)(1); 42 U.S.C. 7412(r)(6)(N).
Regulatory Impact
Administrative Procedure Act: 5
U.S.C. 553(b)(3)(A), provides that when
regulations involve matters of agency
organization, procedure, or practice, the
agency may publish regulations in final
form without notice and comment.
Because this rule is intended to promote
public participation and transparency
for Board activities, however, the Board
provided thirty days for public
comment and an opportunity for public
comments on June 18, 2015, when
Board Members met in Washington, DC
(80 FR 32339 (June 8, 2015)).
Small Business Regulatory
Enforcement Fairness Act: This
regulation is not a major rule under 5
U.S.C. 804(2), the Small Business
Regulatory Enforcement Fairness Act.
Because this regulation involves
internal agency procedures and
quarterly business meetings, this
regulation: a. Does not have an annual
E:\FR\FM\06AUR1.SGM
06AUR1
46824
Federal Register / Vol. 80, No. 151 / Thursday, August 6, 2015 / Rules and Regulations
effect on the economy of $100 million
or more. b. Will not cause a major
increase in costs or prices for
consumers, individual industries,
Federal, State, local government
agencies or geographic regions. c. Does
not have a significant adverse effect on
competition, employment, investment,
productivity, innovation or the ability of
U.S.-based enterprises to compete with
foreign-based enterprises.
Regulatory Flexibility Act: The
Regulatory Flexibility Act (5 U.S.C. 601
et seq.) requires that a rule that has a
significant economic impact on a
substantial number of small entities,
small businesses, or small organizations
must include an initial regulatory
flexibility analysis describing the
regulation’s impact on such small
entities. This analysis need not be
undertaken if the agency has certified
that the regulation will not have a
significant economic impact on a
substantial number of small entities. 5
U.S.C. 605(b). The CSB has considered
the impact of this rule under the
Regulatory Flexibility Act, and certifies
that a final rule will not have a
significant economic impact on a
substantial number of small entities.
Paperwork Reduction Act: The CSB
reviewed this rule to determine whether
it involves issues that would subject it
to the Paperwork Reduction Act (PRA).
The CSB has determined that that the
rule does not require a ‘‘collection of
information’’ under the PRA.
Unfunded Mandates Reform Act of
1995: The rule does not require the
preparation of an assessment statement
in accordance with the Unfunded
Mandates Reform Act of 1995, 2 U.S.C.
1531. This rule does not include a
federal mandate that may result in the
annual expenditure by state, local, and
tribal governments, in the aggregate, or
by the private sector, of more than the
annual threshold established by the Act
($128 million in 2006, adjusted
annually for inflation).
List of Subjects in 40 CFR Part 1600
mstockstill on DSK4VPTVN1PROD with RULES
Administrative practice and
procedure.
Dated: July 22, 2015.
Rick Engler,
Board Member.
Accordingly, for the reasons set forth
in the preamble, the Chemical Safety
and Hazard Investigation Board amends
40 CFR part 1600 as follows:
VerDate Sep<11>2014
16:05 Aug 05, 2015
Jkt 235001
PART 1600—ORGANIZATION AND
FUNCTIONS OF THE CHEMICAL
SAFETY AND HAZARD
INVESTIGATION BOARD
1. The authority citation continues to
read as follows:
■
Authority: 5 U.S.C. 301, 552(a)(1); 42
U.S.C. 7412(r)(6)(N).
2. Amend § 1600.5 by revising
paragraph (b) and adding a new
paragraph (c) to read as follows:
■
§ 1600.5
Quorum and voting requirements.
*
*
*
*
*
(b) Voting. The Board votes on items
of business in meetings conducted
pursuant to the Government in the
Sunshine Act. Alternatively, whenever a
Member of the Board is of the opinion
that joint deliberation among the
members of the Board upon any matter
at a meeting is unnecessary in light of
the nature of the matter, impracticable,
or would impede the orderly disposition
of agency business, such matter may be
disposed of by employing notation
voting procedures. A written notation of
the vote of each participating Board
member shall be recorded by the
General Counsel who shall retain it in
the records of the Board. If a Board
member votes to calendar a notation
item, the Board must consider the
calendared notation item at a public
meeting of the Board within 90 days of
the date on which the item is
calendared. A notation vote to schedule
a public meeting may not be calendared.
The Chairperson shall add any
calendared notation item to the agenda
for the next CSB public meeting if one
is to occur within 90 days or to schedule
a special meeting to consider any
calendared notation item no later than
90 days from the calendar action.
(c) Public Meetings and Agendas. The
Chairperson, or in the absence of a
chairperson, a member designated by
the Board, shall schedule a minimum of
four public meetings per year in
Washington, DC, to take place during
the months of October, January, April,
and July.
(1) Agenda. The Chairperson, or in
the absence of a chairperson, a member
designated by the Board, shall be
responsible for preparation of a final
meeting agenda. The final agenda may
not differ in substance from the items
published in the Sunshine Act notice
for that meeting. Any member may
submit agenda items related to CSB
business for consideration at any public
meeting, and the Chairperson shall
include such items on the agenda. At a
minimum, each quarterly meeting shall
include the following agenda items:
PO 00000
Frm 00036
Fmt 4700
Sfmt 4700
(i) Consideration and vote on any
notation items calendared since the date
of the last public meeting;
(ii) A review by the Board of the
schedule for completion of all open
investigations, studies, and other
important work of the Board; and
(iii) A review and discussion by the
Board of the progress in meeting the
CSB’s Annual Action Plan.
(2) Publication of agenda information.
The Chairperson shall be responsible for
posting information related to any
agenda item that is appropriate for
public release on the CSB Web site no
less than two days prior to a public
meeting.
[FR Doc. 2015–18318 Filed 8–5–15; 8:45 am]
BILLING CODE P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[GN Docket No. 12–268; FCC 15–69]
Expanding the Economic and
Innovation Opportunities of Spectrum
through Incentive Auctions
Federal Communications
Commission.
ACTION: Final rule; petition for
reconsideration.
AGENCY:
In this Second Order on
Reconsideration, the Commission
addresses petitions for reconsideration
of our Order adopting rules to
implement the broadcast television
spectrum incentive auction. Based on
the rules we adopted in the Incentive
Auction R&O, we are now developing
the detailed procedures necessary to
govern the auction process. As we have
stated before, our intention is to begin
accepting applications to participate in
the incentive auction in the fall of 2015,
and to start the bidding process in early
2016. We issue this Order now in order
to provide certainty for prospective
bidders and other interested parties in
advance of the incentive auction. We
largely affirm our decisions in the
Incentive Auction R&O, although we
make certain clarifications and
modifications in response to issues
raised by the petitioners.
DATES: Effective September 8, 2015,
except for the amendment to
§ 73.3700(c)(6) which contains new or
modified information collection
requirements that have not been
approved by Office of Management and
Budget (OMB). The Federal
Communications Commission will
publish a document in the Federal
Register announcing the effective date.
SUMMARY:
E:\FR\FM\06AUR1.SGM
06AUR1
]]>Agencies
[Federal Register Volume 80, Number 151 (Thursday, August 6, 2015)]
[Rules and Regulations]
[Pages 46822-46824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18318]
=======================================================================
-----------------------------------------------------------------------
CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD
40 CFR Part 1600
Organization and Functions of the Chemical Safety and Hazard
Investigation Board
AGENCY: Chemical Safety and Hazard Investigation Board.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule amends the quorum and voting regulations of the
Chemical Safety and Hazard Investigation Board (CSB). The amendments
add a requirement for the Chairperson to place notation votes that have
been calendared for discussion at a Board Meeting to the agenda of a
public meeting within 90 days of the calendared notation vote. The rule
also adds a requirement for the Chairperson to conduct a minimum of
four public meetings per year in Washington, DC.
DATES: Effective August 6, 2015.
SUPPLEMENTARY INFORMATION: This final rule will promote increased
transparency and accountability for Board activities. It aligns with
the Open Government principles of transparency, participation, and
collaboration, as outlined in the Memorandum on Transparency and Open
Government (74 FFR 4685, Jan. 26, 2009).
The Board conducts most votes through a process of notation voting.
In notation voting, Board Members may vote to approve, disapprove, or
calendar a notation item for discussion at a public meeting. In recent
years, notation items have been calendared but then not placed on the
agenda for discussion at a public meeting of the Board. The addition of
language to 40 CFR 1600.5(b) will ensure that calendaring is used in
the way it was intended. It will require the consideration of
calendared notation votes at a public meeting within 90 days of the
calendaring action. Prior to the adoption of this amendment to the
rule, calendaring
[[Page 46823]]
could amount to a veto by a single Member even when other Members
wished to vote on the item. This added language will prevent that
action and preserve only the original intent of calendaring. 40 CFR
1600.5(b) of this rule was amended to state that a ``notation vote to
schedule a public meeting may not be calendared.'' This change is
intended to require a straight vote when one or more members may be
reluctant to schedule a public meeting. The result is intended to
provide an opportunity for important substantive business of the Board
to be discussed publicly.
New paragraph (c) adds provisions to ensure that the Board meets at
least quarterly to review important CSB mission work and reaffirms the
authority of all Board Members to add items for discussion to the
agendas of such CSB public meetings. This provision reinforces the
policy of the Board (in Board Order 1, Section 9.b.2) that permits
members to request public meeting agenda additions or changes. The
amended rule also requires that the Board's quarterly meetings
consider, at a minimum, calendared notation votes, important mission-
related activities, and quarterly agency action plan progress. This
portion of the rule is also intended to increase the transparency of
Board actions, to promote the Board's accountability to the public, and
to ensure regular, relevant feedback is received from the public
related to the agency's mission work.
Although not required for this action, the Board published the
proposed amendments in the Federal Register and provided thirty days
for public comment.
The CSB received two written comments during the written comment
period and several oral public comments at a meeting on June 18, 2015.
The written comments have been posted to the CSB Web site at https://www.csb.gov/about-the-csb/public-comments/, and the oral comments
concerning the rule are in the transcript of the discussion which took
place on June 18, 2015.
One written comment and each of the oral comments were favorable.
The written comment from the United Steel, Paper and Forestry, Rubber,
Manufacturing, Energy, Allied Industrial and Service Workers
International Union (USW), supported the rule because it will increase
the transparency of the Board's actions and facilitate stakeholder
involvement and CSB accountability. The USW fully supports the decision
to hold regular quarterly business meetings, but noted that a method
for participation by phone for those not in the Washington area is
important. The comment also supported the rule's new requirements that
calendared notation items be discussed in public within 90 days and
that all Board Members may add items to public meeting agendas.
The USW also noted that Board Members should not cancel any
investigation without sufficient notification to stakeholders. Earlier
this year, the CSB voted to terminate three investigations at a meeting
on January 28, 2015, even though the Federal Register notice (80 FR
2392 (Jan. 16, 2015)) did not provide specific notice that the Board
might take such an action. The Board received criticism for providing
inadequate notice. New section (ii) of this rule provides in pertinent
part that each quarterly meeting shall include as an agenda item a
``review by the Board of the schedule for completion of all open
investigations, studies, and other important work of the Board.'' If
the Board were considering the cancellation of a particular
investigation, such a discussion should occur at a quarterly meeting
under this general agenda item. Without specifically stating such a
possibility, interested members of the public might not be aware that
the Board could vote to cancel a specific investigation at a quarterly
public meeting.
An oral public comment from the American Chemistry Council was
supportive of the amended rule.
The CSB also received a negative comment from Public Employees for
Environmental Responsibility (PEER). PEER commented that the thirty day
comment period was insufficient. However, as noted above, this rule
could have been published as a final rule without any public comment
period, and the Board also scheduled a public meeting to discuss the
proposed changes and to provide an additional opportunity for public
input.
PEER also noted that the rule could force the Board to hold a
public meeting every single workday to accommodate this requirement to
consider calendared notation items within ninety days. The Board does
not share this concern. Because the Board will hold quarterly and other
public meetings, the Board would rarely need to convene a special
meeting solely to consider a calendared notation item.
PEER expressed concern that the Washington, DC, location for
business meetings was not convenient to all stakeholders. With respect
to this concern, the CSB has provided and plans to continue to provide
an opportunity for teleconference or webcast participation in the four
meetings in Washington, DC. The CSB will also continue to conduct
public meetings, as appropriate, throughout the United States.
PEER recommended undertaking a cost benefit analysis of the rule
before finalizing it due to a concern that the proposed rule could
negatively impact public meetings held in communities in which an
accident has occurred. PEER noted that the CSB appears to lack the
personnel and resources to hold both Washington, DC and community-based
meetings effectively. The Board shares this important concern. However,
the Board has determined that this concern is a basis for caution, not
a reason to delay adoption of the rule.
The Board contemplates that the cost of regular business meetings
in Washington, DC, will be minimal as such meetings will be conducted
at CSB headquarters, limited in scope, and should not involve excessive
staff time to prepare and to conduct. The Board will evaluate per
meeting costs over the next year to ensure that these costs are
reasonable in relation to the anticipated benefits, and consider the
need to seek additional resources to ensure that the new rule does not
negatively impact community based public meetings.
Having considered these comments, the Board has determined that the
rule should be finalized without additional changes at this time. The
Board plans to review the rule a year from its adoption to ensure the
revisions have succeeded in accomplishing the primary objectives of
improving transparency and accountability to stakeholders.
Statutory Authority: 5 U.S.C. 301, 552(a)(1); 42 U.S.C.
7412(r)(6)(N).
Regulatory Impact
Administrative Procedure Act: 5 U.S.C. 553(b)(3)(A), provides that
when regulations involve matters of agency organization, procedure, or
practice, the agency may publish regulations in final form without
notice and comment. Because this rule is intended to promote public
participation and transparency for Board activities, however, the Board
provided thirty days for public comment and an opportunity for public
comments on June 18, 2015, when Board Members met in Washington, DC (80
FR 32339 (June 8, 2015)).
Small Business Regulatory Enforcement Fairness Act: This regulation
is not a major rule under 5 U.S.C. 804(2), the Small Business
Regulatory Enforcement Fairness Act. Because this regulation involves
internal agency procedures and quarterly business meetings, this
regulation: a. Does not have an annual
[[Page 46824]]
effect on the economy of $100 million or more. b. Will not cause a
major increase in costs or prices for consumers, individual industries,
Federal, State, local government agencies or geographic regions. c.
Does not have a significant adverse effect on competition, employment,
investment, productivity, innovation or the ability of U.S.-based
enterprises to compete with foreign-based enterprises.
Regulatory Flexibility Act: The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) requires that a rule that has a significant
economic impact on a substantial number of small entities, small
businesses, or small organizations must include an initial regulatory
flexibility analysis describing the regulation's impact on such small
entities. This analysis need not be undertaken if the agency has
certified that the regulation will not have a significant economic
impact on a substantial number of small entities. 5 U.S.C. 605(b). The
CSB has considered the impact of this rule under the Regulatory
Flexibility Act, and certifies that a final rule will not have a
significant economic impact on a substantial number of small entities.
Paperwork Reduction Act: The CSB reviewed this rule to determine
whether it involves issues that would subject it to the Paperwork
Reduction Act (PRA). The CSB has determined that that the rule does not
require a ``collection of information'' under the PRA.
Unfunded Mandates Reform Act of 1995: The rule does not require the
preparation of an assessment statement in accordance with the Unfunded
Mandates Reform Act of 1995, 2 U.S.C. 1531. This rule does not include
a federal mandate that may result in the annual expenditure by state,
local, and tribal governments, in the aggregate, or by the private
sector, of more than the annual threshold established by the Act ($128
million in 2006, adjusted annually for inflation).
List of Subjects in 40 CFR Part 1600
Administrative practice and procedure.
Dated: July 22, 2015.
Rick Engler,
Board Member.
Accordingly, for the reasons set forth in the preamble, the
Chemical Safety and Hazard Investigation Board amends 40 CFR part 1600
as follows:
PART 1600--ORGANIZATION AND FUNCTIONS OF THE CHEMICAL SAFETY AND
HAZARD INVESTIGATION BOARD
0
1. The authority citation continues to read as follows:
Authority: 5 U.S.C. 301, 552(a)(1); 42 U.S.C. 7412(r)(6)(N).
0
2. Amend Sec. 1600.5 by revising paragraph (b) and adding a new
paragraph (c) to read as follows:
Sec. 1600.5 Quorum and voting requirements.
* * * * *
(b) Voting. The Board votes on items of business in meetings
conducted pursuant to the Government in the Sunshine Act.
Alternatively, whenever a Member of the Board is of the opinion that
joint deliberation among the members of the Board upon any matter at a
meeting is unnecessary in light of the nature of the matter,
impracticable, or would impede the orderly disposition of agency
business, such matter may be disposed of by employing notation voting
procedures. A written notation of the vote of each participating Board
member shall be recorded by the General Counsel who shall retain it in
the records of the Board. If a Board member votes to calendar a
notation item, the Board must consider the calendared notation item at
a public meeting of the Board within 90 days of the date on which the
item is calendared. A notation vote to schedule a public meeting may
not be calendared. The Chairperson shall add any calendared notation
item to the agenda for the next CSB public meeting if one is to occur
within 90 days or to schedule a special meeting to consider any
calendared notation item no later than 90 days from the calendar
action.
(c) Public Meetings and Agendas. The Chairperson, or in the absence
of a chairperson, a member designated by the Board, shall schedule a
minimum of four public meetings per year in Washington, DC, to take
place during the months of October, January, April, and July.
(1) Agenda. The Chairperson, or in the absence of a chairperson, a
member designated by the Board, shall be responsible for preparation of
a final meeting agenda. The final agenda may not differ in substance
from the items published in the Sunshine Act notice for that meeting.
Any member may submit agenda items related to CSB business for
consideration at any public meeting, and the Chairperson shall include
such items on the agenda. At a minimum, each quarterly meeting shall
include the following agenda items:
(i) Consideration and vote on any notation items calendared since
the date of the last public meeting;
(ii) A review by the Board of the schedule for completion of all
open investigations, studies, and other important work of the Board;
and
(iii) A review and discussion by the Board of the progress in
meeting the CSB's Annual Action Plan.
(2) Publication of agenda information. The Chairperson shall be
responsible for posting information related to any agenda item that is
appropriate for public release on the CSB Web site no less than two
days prior to a public meeting.
[FR Doc. 2015-18318 Filed 8-5-15; 8:45 am]
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