Ocean Dumping: Cancellation of Final Designation for an Ocean Dredged Material Disposal Site, 59744-59746 [2019-24066]
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59744
Federal Register / Vol. 84, No. 215 / Wednesday, November 6, 2019 / Proposed Rules
the Office of Air and Radiation Docket
and Information Center is (202) 566–
1742.
II. Judicial Review
Section 307(b)(1) of the CAA indicates
which Federal Courts of Appeal have
venue for petitions of review of final
actions by the EPA. This section
provides, in part, that petitions for
review must be filed in the Court of
Appeals for the District of Columbia
Circuit: (i) When the agency action
consists of ‘‘nationally applicable
regulations promulgated, or final actions
taken, by the Administrator,’’ or (ii)
when such action is locally or regionally
applicable, if ‘‘such action is based on
a determination of nationwide scope or
effect and if in taking such action the
Administrator finds and publishes that
such action is based on such a
determination.’’ In the Ethanol Rule, the
EPA determined that the action was of
nationwide scope and effect for the
purposes of CAA section 307(b)(1). See
72 FR 24060, 24077 (May 1, 2007).
The EPA has determined that its
actions denying the petitions for
reconsideration also are of nationwide
scope and effect because these actions
directly relate to the Ethanol Rule that
the EPA previously determined are of
nationwide scope and effect. Thus, any
petitions for review of the final letters
denying the petitions for
reconsideration must be filed in the
Court of Appeals for the District of
Columbia Circuit on or before January 6,
2020.
Dated: October 22, 2019.
Andrew R. Wheeler,
Administrator.
[FR Doc. 2019–23711 Filed 11–5–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 228
[EPA–R04–OW–2019–0592; FRL–10001–81–
Region 4]
Ocean Dumping: Cancellation of Final
Designation for an Ocean Dredged
Material Disposal Site
Environmental Protection
Agency (EPA).
AGENCY:
ACTION:
Proposed rule.
The Environmental Protection
Agency (EPA) proposes to cancel the
final designation of an ocean dredged
material disposal site (ODMDS)
pursuant to the Marine Protection,
Research and Sanctuaries Act, as
amended (MPRSA). The ODMDS is in
the Atlantic Ocean offshore Wilmington,
North Carolina. This proposed action is
being taken because this site has been
replaced by another permanent site. In
addition, the EPA proposes to rename
the permanent site that exists for the
Wilmington, North Carolina area.
DATES: Comments must be received by
December 23, 2019.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OW–2019–0592, by one of the following
methods:
• www.regulations.gov: Follow the
on-line instructions for submitting
comments and accessing the docket and
materials related to this proposed rule.
• Email: collins.garyw@epa.gov.
• Mail: Gary W. Collins, U.S.
Environmental Protection Agency,
Region 4, Water Division, Oceans and
Estuarine Management Section, 61
Forsyth Street, Atlanta, Georgia 30303.
Instructions: Direct your comments to
Docket ID No. EPA–R04–OW–2019–
0592. The EPA’s policy is that all
comments received will be included in
the public docket without change and
may be made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit through
www.regulations.gov or email,
information that you consider to be CBI
or otherwise protected. The
www.regulations.gov website is an
‘‘anonymous access’’ system, which
means the EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an email
comment directly to the EPA without
going through www.regulations.gov,
your email address will be
automatically captured and included as
part of the comment that is placed in the
public docket and made available on the
internet. If you submit an electronic
SUMMARY:
comment, the EPA recommends that
you include your name and other
contact information in the body of your
comment and with any disk or CD–ROM
you submit. If the EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
the EPA may not be able to consider
your comment. Electronic files should
avoid the use of special characters, any
form of encryption, and be free of any
defects or viruses. For additional
information about the EPA’s public
docket visit the EPA Docket Center
homepage at https://www.epa.gov/
epahome/dockets.htm.
Docket: Publicly available docket
materials are available either
electronically at www.regulations.gov or
in hard copy during normal business
hours from the regional library at the
U.S. Environmental Protection Agency,
Region 4 Library, 9th Floor, 61 Forsyth
Street, Atlanta, Georgia 30303. For
access to the documents at the Region
4 Library, contact the Region 4 Library
Reference Desk at (404) 562–8190,
between the hours of 9:00 a.m. to 12:00
p.m., and between the hours of 1:00
p.m. to 4:00 p.m., Monday through
Friday, excluding Federal holidays, for
an appointment.
FOR FURTHER INFORMATION CONTACT: Gary
W. Collins, U.S. Environmental
Protection Agency, Region 4, Water
Division, Oceans and Estuarine
Management Section, 61 Forsyth Street,
Atlanta, Georgia 30303; phone number
(404) 562–9395; email: collins.garyw@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Potentially Affected Persons
Persons potentially affected by this
proposed action include those who seek
or might seek permits or approval to
dispose of dredged material into ocean
waters pursuant to the Marine
Protection, Research, and Sanctuaries
Act, as amended (MPRSA), 33 U.S.C.
1401 to 1445. The EPA’s proposed
action would be relevant to persons,
including organizations and government
bodies seeking to dispose of dredged
material in ocean waters offshore of
Wilmington, North Carolina. Currently,
the U.S. Army Corps of Engineers
(USACE) would be most affected by this
action. Potentially affected categories
and persons include:
Category
Examples of potentially regulated persons
Federal Government ...........................................
Industry and general public .................................
State, local and tribal governments ....................
U.S. Army Corps of Engineers Civil Works projects, U.S. Navy and other Federal agencies.
Port authorities, marinas and harbors, shipyards and marine repair facilities, berth owners.
Governments owning and/or responsible for ports, harbors, and/or berths, government agencies requiring disposal of dredged material associated with public works projects.
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Federal Register / Vol. 84, No. 215 / Wednesday, November 6, 2019 / Proposed Rules
This table is not intended to be
exhaustive, but rather provides a guide
for readers regarding persons likely to
be affected by this proposed action. For
any questions regarding the
applicability of this proposed action to
a particular person, please refer to the
contact person listed in the preceding
FOR FURTHER INFORMATION CONTACT
section.
II. Background
Section 102(c) of the Marine
Protection, Research, and Sanctuaries
Act (MPRSA) of 1972, as amended, 33
U.S.C. 1401 et seq., gives the
Administrator of EPA the authority to
designate sites where ocean disposal
may be permitted. On October 1, 1986,
the Administrator delegated the
authority to designate ocean disposal
sites to the Regional Administrator of
the Region in which the sites are
located. This proposed cancellation is
being made pursuant to that authority.
The EPA Ocean Dumping Regulations
promulgated under MPRSA (40 CFR
chapter I, subchapter H, § 228.11) state
that modifications in disposal site use
which involve withdrawal of disposal
sites from use will be made by
promulgation in part 228. This site
cancellation is being published as
proposed rulemaking in accordance
with § 228.11(a) of the Ocean Dumping
Regulations, which permits the
withdrawal of designated disposal sites
from use based upon changed
circumstances concerning use of the
site.
III. Proposed Action
The proposed cancellation of the
designation of this site is needed as a
housekeeping measure. The ODMDS is
no longer a suitable disposal option and
has no foreseeable need. The
Wilmington site has been replaced by a
larger site due to changes in alignment
of the Federal navigation channel,
which now cuts through the original
ODMDS. EPA also proposes to change
the name of the New Wilmington
ODMDS to the Wilmington ODMDS.
IV. Statutory and Executive Order
Reviews
This proposed action complies with
applicable executive orders and
statutory provisions as follows:
a. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
This proposed action is not a
‘‘significant regulatory action’’ under
the terms of Executive Order 12866 (58
FR 51735, October 4, 1993) and is
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16:44 Nov 05, 2019
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therefore not subject to review under
Executive Orders 12866 and 13563 (76
FR 3821, January 21, 2011).
b. Paperwork Reduction Act
This proposed action does not impose
an information collection burden under
the provisions of the Paperwork
Reduction Act, 44 U.S.C. 3501 et seq.
Burden is defined at 5 CFR 1320.3(b).
This proposed action does not require
persons to obtain, maintain, retain,
report, or publicly disclose information
to or for a Federal agency.
c. Regulatory Flexibility
The Regulatory Flexibility Act (RFA)
generally requires Federal agencies to
prepare a regulatory flexibility analysis
of any rule subject to notice and
comment rulemaking requirements
under the Administrative Procedure Act
or any other statute unless the agency
certifies that the rule will not have a
significant economic impact on a
substantial number of small entities.
Small entities include small businesses,
small organizations, and small
governmental jurisdictions. For
purposes of assessing the impacts of this
rule on small entities, small entity is
defined as: (1) A small business defined
by the Small Business Administration’s
size regulations at 13 CFR 121.201; (2)
a small governmental jurisdiction that is
a government of a city, county, town,
school district, or special district with a
population of less than 50,000; and (3)
a small organization that is any not-forprofit enterprise which is independently
owned and operated and is not
dominant in its field. The EPA
determined that this proposed action
will not have a significant economic
impact on small entities. After
considering the economic impacts of
this proposed rule, EPA certifies that
this action will not have a significant
economic impact on a substantial
number of small entities. This proposed
rule will not impose any requirements
on small entities.
d. Unfunded Mandates Reform Act
This proposed action contains no
Federal mandates under the provisions
of Title II of the Unfunded Mandates
Reform Act (UMRA) of 1995, 2 U.S.C.
1531 to 1538, for State, local, or tribal
governments or the private sector. This
action imposes no new enforceable duty
on any State, local or tribal governments
or the private sector. Therefore, this
action is not subject to the requirements
of sections 202 or 205 of the UMRA.
This action is also not subject to the
requirements of section 203 of the
UMRA because it contains no regulatory
requirements that might significantly or
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59745
uniquely affect small government
entities.
e. Executive Order 13132: Federalism
This proposed action does not have
federalism implications. It does not
have substantial direct effects on the
States, on the relationship between the
national Government and the States, or
on the distribution of power and
responsibilities among various levels of
government, as specified in Executive
Order 13132. Thus, Executive Order
13132 does not apply to this action. The
EPA specifically solicits comment on
this proposed action from State and
local officials.
f. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This proposed action does not have
tribal implications, as specified in
Executive Order 13175 because the
proposed action will not have a direct
effect on 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. Thus,
Executive Order 13175 does not apply
to this action. The EPA specifically
solicits additional comments on this
proposed action from tribal officials.
g. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
The EPA interprets Executive Order
13045 as applying only to those
regulatory actions that concern health or
safety risks, such that the analysis
required under Section 5–501 of the
Executive Order has the potential to
influence the regulation. This proposed
action is not subject to Executive Order
13045 because it does not establish an
environmental standard intended to
mitigate health or safety risks.
h. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
This proposed action is not subject to
Executive Order 13211, ‘‘Actions
Concerning Regulations that
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355)
because it is not a ‘‘significant
regulatory action’’ as defined under
Executive Order 12866.
i. National Technology Transfer and
Advancement Act
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (‘‘NTTAA’’), Public Law
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Federal Register / Vol. 84, No. 215 / Wednesday, November 6, 2019 / Proposed Rules
104–113, 12(d) (15 U.S.C. 272), directs
the EPA to use voluntary consensus
standards in its regulatory activities
unless to do so would be inconsistent
with applicable law or otherwise
impractical. Voluntary consensus
standards are technical standards (e.g.,
materials specifications, test methods,
sampling procedures, and business
practices) that are developed or adopted
by voluntary consensus bodies. The
NTTAA directs the EPA to provide
Congress, through OMB, explanations
when the Agency decides not to use
available and applicable voluntary
consensus standards. This proposed
action does not involve technical
standards. Therefore, the EPA is not
considering the use of any voluntary
consensus standards.
PART 228—CRITERIA FOR THE
MANAGEMENT OF DISPOSAL SITES
FOR OCEAN DUMPING
1. The authority citation for part 228
continues to read as follows:
■
Authority: 33 U.S.C. 1412 and 1418.
2. Section 228.15 is amended by
removing and reserving paragraph (h)(2)
and revising paragraph (h)(20)
introductory text to read as follows:
■
§ 228.15 Dumping sites designated on a
final basis.
*
*
*
*
*
(h) * * *
(20) Wilmington, North Carolina;
Ocean Dredged Material Disposal Site.
*
*
*
*
*
[FR Doc. 2019–24066 Filed 11–5–19; 8:45 am]
BILLING CODE 6560–50–P
j. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
DEPARTMENT OF LABOR
Executive Order 12898 (59 FR 7629)
establishes Federal executive policy on
environmental justice. Its main
provision directs Federal agencies, to
the greatest extent practicable and
permitted by law, to make
environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States. The
EPA determined that this proposed rule
will not have disproportionately high
and adverse human health or
environmental effects on minority or
low-income populations because it does
not affect the level of protection
provided to human health or the
environment. This proposed action is
only cancelling the designation of an
ODMDS which is no longer viable.
List of Subjects in 40 CFR Part 228
Environmental protection, Water
pollution control.
Authority: This proposed action is issued
under the authority of Section 102 of the
Marine Protection, Research, and Sanctuaries
Act, as amended, 33 U.S.C. 1401, 1411, 1412.
Dated: August 27, 2019.
Mary S. Walker,
Regional Administrator, Region 4.
For the reasons set out in the
preamble, the EPA proposes to amend
chapter I, title 40 of the Code of Federal
Register as follows:
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Office of Federal Contract Compliance
Programs
41 CFR Parts 60–1, 60–300, and 60–741
RIN 1250–AA08
Affirmative Action and
Nondiscrimination Obligations of
Federal Contractors and
Subcontractors: TRICARE and Certain
Other Health Care Providers
Office of Federal Contract
Compliance Programs, Labor.
ACTION: Notice of proposed rulemaking.
AGENCY:
The Office of Federal Contract
Compliance Programs (OFCCP) is
proposing to amend its regulations
pertaining to its authority over
TRICARE health care providers. The
proposed rule is intended to increase
access to care for uniformed service
members and veterans and to provide
certainty for health care providers who
serve beneficiaries of TRICARE. It is
also believed that this proposed rule
may result in cost savings to the health
care system. In a reconsideration of its
legal position, the proposed rule would
provide that OFCCP lacks authority over
Federal health care providers who
participate in TRICARE. In the
alternative, the proposed rule would
establish a national interest exemption
from Executive Order 11246, Section
503 of the Rehabilitation Act of 1973,
and the Vietnam Era Veterans’
Readjustment Assistance Act of 1974 for
health care providers with agreements
to furnish medical services and supplies
to individuals participating in TRICARE
(in the alternative to a reconsideration
SUMMARY:
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of OFCCP’s authority over such
providers). OFCCP would nevertheless
have authority over health care
providers participating in TRICARE if
they hold a separate covered Federal
contract or subcontract. Likewise, health
care providers would remain subject to
all other Federal, state, and local laws
prohibiting discrimination and
providing for equal employment
opportunity. OFCCP has determined
that special circumstances in the
national interest justify proposing the
exemption as it would improve
uniformed service members’ and
veterans’ access to medical care, more
efficiently allocate OFCCP’s limited
resources for enforcement activities, and
provide greater uniformity, certainty,
and notice for health care providers
participating in TRICARE.
DATES: To be assured of consideration,
comments must be received on or before
December 6, 2019.
ADDRESSES: Comments may be
submitted, identified by Regulatory
Information Number (RIN) 1250–AA08,
by one of the following methods:
• Electronically: The Federal
eRulemaking portal at https://
www.regulations.gov. Follow the
instructions found on that website for
submitting comments.
• Mail, Hand Delivery, or Courier:
Addressed to Harvey D. Fort, Deputy
Director, Division of Policy and Program
Development, Office of Federal Contract
Compliance Programs, 200 Constitution
Avenue NW, Room C–3325,
Washington, DC 20210.
Instructions: Please submit one copy
of your comments by only one method.
Due to security concerns, postal
delivery in Washington, DC, may be
delayed. For faster submission, we
encourage commenters to transmit their
comment electronically via the https://
www.regulations.gov website. All
submissions must include OFCCP’s
name for identification.
Comments, including any personal
information provided, become a matter
of public record and will be posted on
https://www.regulations.gov. Do not
include any personally identifiable or
confidential business information that
you do not want publicly disclosed.
The Department will also make all the
comments it receives available for
public inspection during normal
business hours at OFCCP at the above
address. If you need assistance to review
the comments, the Department will
provide you with appropriate aids such
as readers or print magnifiers. To
schedule an appointment to review the
comments and/or to obtain this notice of
proposed rulemaking in an alternate
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Agencies
[Federal Register Volume 84, Number 215 (Wednesday, November 6, 2019)]
[Proposed Rules]
[Pages 59744-59746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24066]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 228
[EPA-R04-OW-2019-0592; FRL-10001-81-Region 4]
Ocean Dumping: Cancellation of Final Designation for an Ocean
Dredged Material Disposal Site
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) proposes to cancel
the final designation of an ocean dredged material disposal site
(ODMDS) pursuant to the Marine Protection, Research and Sanctuaries
Act, as amended (MPRSA). The ODMDS is in the Atlantic Ocean offshore
Wilmington, North Carolina. This proposed action is being taken because
this site has been replaced by another permanent site. In addition, the
EPA proposes to rename the permanent site that exists for the
Wilmington, North Carolina area.
DATES: Comments must be received by December 23, 2019.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OW-2019-0592, by one of the following methods:
www.regulations.gov: Follow the on-line instructions for
submitting comments and accessing the docket and materials related to
this proposed rule.
Email: [email protected].
Mail: Gary W. Collins, U.S. Environmental Protection
Agency, Region 4, Water Division, Oceans and Estuarine Management
Section, 61 Forsyth Street, Atlanta, Georgia 30303.
Instructions: Direct your comments to Docket ID No. EPA-R04-OW-
2019-0592. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit through
www.regulations.gov or email, information that you consider to be CBI
or otherwise protected. The www.regulations.gov website is an
``anonymous access'' system, which means the EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an email comment directly to the EPA without
going through www.regulations.gov, your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the internet. If you
submit an electronic comment, the EPA recommends that you include your
name and other contact information in the body of your comment and with
any disk or CD-ROM you submit. If the EPA cannot read your comment due
to technical difficulties and cannot contact you for clarification, the
EPA may not be able to consider your comment. Electronic files should
avoid the use of special characters, any form of encryption, and be
free of any defects or viruses. For additional information about the
EPA's public docket visit the EPA Docket Center homepage at https://www.epa.gov/epahome/dockets.htm.
Docket: Publicly available docket materials are available either
electronically at www.regulations.gov or in hard copy during normal
business hours from the regional library at the U.S. Environmental
Protection Agency, Region 4 Library, 9th Floor, 61 Forsyth Street,
Atlanta, Georgia 30303. For access to the documents at the Region 4
Library, contact the Region 4 Library Reference Desk at (404) 562-8190,
between the hours of 9:00 a.m. to 12:00 p.m., and between the hours of
1:00 p.m. to 4:00 p.m., Monday through Friday, excluding Federal
holidays, for an appointment.
FOR FURTHER INFORMATION CONTACT: Gary W. Collins, U.S. Environmental
Protection Agency, Region 4, Water Division, Oceans and Estuarine
Management Section, 61 Forsyth Street, Atlanta, Georgia 30303; phone
number (404) 562-9395; email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Potentially Affected Persons
Persons potentially affected by this proposed action include those
who seek or might seek permits or approval to dispose of dredged
material into ocean waters pursuant to the Marine Protection, Research,
and Sanctuaries Act, as amended (MPRSA), 33 U.S.C. 1401 to 1445. The
EPA's proposed action would be relevant to persons, including
organizations and government bodies seeking to dispose of dredged
material in ocean waters offshore of Wilmington, North Carolina.
Currently, the U.S. Army Corps of Engineers (USACE) would be most
affected by this action. Potentially affected categories and persons
include:
------------------------------------------------------------------------
Examples of potentially regulated
Category persons
------------------------------------------------------------------------
Federal Government................ U.S. Army Corps of Engineers Civil
Works projects, U.S. Navy and other
Federal agencies.
Industry and general public....... Port authorities, marinas and
harbors, shipyards and marine
repair facilities, berth owners.
State, local and tribal Governments owning and/or
governments. responsible for ports, harbors, and/
or berths, government agencies
requiring disposal of dredged
material associated with public
works projects.
------------------------------------------------------------------------
[[Page 59745]]
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding persons likely to be affected by this
proposed action. For any questions regarding the applicability of this
proposed action to a particular person, please refer to the contact
person listed in the preceding FOR FURTHER INFORMATION CONTACT section.
II. Background
Section 102(c) of the Marine Protection, Research, and Sanctuaries
Act (MPRSA) of 1972, as amended, 33 U.S.C. 1401 et seq., gives the
Administrator of EPA the authority to designate sites where ocean
disposal may be permitted. On October 1, 1986, the Administrator
delegated the authority to designate ocean disposal sites to the
Regional Administrator of the Region in which the sites are located.
This proposed cancellation is being made pursuant to that authority.
The EPA Ocean Dumping Regulations promulgated under MPRSA (40 CFR
chapter I, subchapter H, Sec. 228.11) state that modifications in
disposal site use which involve withdrawal of disposal sites from use
will be made by promulgation in part 228. This site cancellation is
being published as proposed rulemaking in accordance with Sec.
228.11(a) of the Ocean Dumping Regulations, which permits the
withdrawal of designated disposal sites from use based upon changed
circumstances concerning use of the site.
III. Proposed Action
The proposed cancellation of the designation of this site is needed
as a housekeeping measure. The ODMDS is no longer a suitable disposal
option and has no foreseeable need. The Wilmington site has been
replaced by a larger site due to changes in alignment of the Federal
navigation channel, which now cuts through the original ODMDS. EPA also
proposes to change the name of the New Wilmington ODMDS to the
Wilmington ODMDS.
IV. Statutory and Executive Order Reviews
This proposed action complies with applicable executive orders and
statutory provisions as follows:
a. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This proposed action is not a ``significant regulatory action''
under the terms of Executive Order 12866 (58 FR 51735, October 4, 1993)
and is therefore not subject to review under Executive Orders 12866 and
13563 (76 FR 3821, January 21, 2011).
b. Paperwork Reduction Act
This proposed action does not impose an information collection
burden under the provisions of the Paperwork Reduction Act, 44 U.S.C.
3501 et seq. Burden is defined at 5 CFR 1320.3(b). This proposed action
does not require persons to obtain, maintain, retain, report, or
publicly disclose information to or for a Federal agency.
c. Regulatory Flexibility
The Regulatory Flexibility Act (RFA) generally requires Federal
agencies to prepare a regulatory flexibility analysis of any rule
subject to notice and comment rulemaking requirements under the
Administrative Procedure Act or any other statute unless the agency
certifies that the rule will not have a significant economic impact on
a substantial number of small entities. Small entities include small
businesses, small organizations, and small governmental jurisdictions.
For purposes of assessing the impacts of this rule on small entities,
small entity is defined as: (1) A small business defined by the Small
Business Administration's size regulations at 13 CFR 121.201; (2) a
small governmental jurisdiction that is a government of a city, county,
town, school district, or special district with a population of less
than 50,000; and (3) a small organization that is any not-for-profit
enterprise which is independently owned and operated and is not
dominant in its field. The EPA determined that this proposed action
will not have a significant economic impact on small entities. After
considering the economic impacts of this proposed rule, EPA certifies
that this action will not have a significant economic impact on a
substantial number of small entities. This proposed rule will not
impose any requirements on small entities.
d. Unfunded Mandates Reform Act
This proposed action contains no Federal mandates under the
provisions of Title II of the Unfunded Mandates Reform Act (UMRA) of
1995, 2 U.S.C. 1531 to 1538, for State, local, or tribal governments or
the private sector. This action imposes no new enforceable duty on any
State, local or tribal governments or the private sector. Therefore,
this action is not subject to the requirements of sections 202 or 205
of the UMRA. This action is also not subject to the requirements of
section 203 of the UMRA because it contains no regulatory requirements
that might significantly or uniquely affect small government entities.
e. Executive Order 13132: Federalism
This proposed action does not have federalism implications. It does
not have substantial direct effects on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among various levels of government, as
specified in Executive Order 13132. Thus, Executive Order 13132 does
not apply to this action. The EPA specifically solicits comment on this
proposed action from State and local officials.
f. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This proposed action does not have tribal implications, as
specified in Executive Order 13175 because the proposed action will not
have a direct effect on 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.
Thus, Executive Order 13175 does not apply to this action. The EPA
specifically solicits additional comments on this proposed action from
tribal officials.
g. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern health or safety risks, such that the
analysis required under Section 5-501 of the Executive Order has the
potential to influence the regulation. This proposed action is not
subject to Executive Order 13045 because it does not establish an
environmental standard intended to mitigate health or safety risks.
h. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This proposed action is not subject to Executive Order 13211,
``Actions Concerning Regulations that Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355) because it is not a
``significant regulatory action'' as defined under Executive Order
12866.
i. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law
[[Page 59746]]
104-113, 12(d) (15 U.S.C. 272), directs the EPA to use voluntary
consensus standards in its regulatory activities unless to do so would
be inconsistent with applicable law or otherwise impractical. Voluntary
consensus standards are technical standards (e.g., materials
specifications, test methods, sampling procedures, and business
practices) that are developed or adopted by voluntary consensus bodies.
The NTTAA directs the EPA to provide Congress, through OMB,
explanations when the Agency decides not to use available and
applicable voluntary consensus standards. This proposed action does not
involve technical standards. Therefore, the EPA is not considering the
use of any voluntary consensus standards.
j. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (59 FR 7629) establishes Federal executive
policy on environmental justice. Its main provision directs Federal
agencies, to the greatest extent practicable and permitted by law, to
make environmental justice part of their mission by identifying and
addressing, as appropriate, disproportionately high and adverse human
health or environmental effects of their programs, policies, and
activities on minority populations and low-income populations in the
United States. The EPA determined that this proposed rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. This proposed action is only cancelling the designation of
an ODMDS which is no longer viable.
List of Subjects in 40 CFR Part 228
Environmental protection, Water pollution control.
Authority: This proposed action is issued under the authority of
Section 102 of the Marine Protection, Research, and Sanctuaries Act,
as amended, 33 U.S.C. 1401, 1411, 1412.
Dated: August 27, 2019.
Mary S. Walker,
Regional Administrator, Region 4.
For the reasons set out in the preamble, the EPA proposes to amend
chapter I, title 40 of the Code of Federal Register as follows:
PART 228--CRITERIA FOR THE MANAGEMENT OF DISPOSAL SITES FOR OCEAN
DUMPING
0
1. The authority citation for part 228 continues to read as follows:
Authority: 33 U.S.C. 1412 and 1418.
0
2. Section 228.15 is amended by removing and reserving paragraph (h)(2)
and revising paragraph (h)(20) introductory text to read as follows:
Sec. 228.15 Dumping sites designated on a final basis.
* * * * *
(h) * * *
(20) Wilmington, North Carolina; Ocean Dredged Material Disposal
Site.
* * * * *
[FR Doc. 2019-24066 Filed 11-5-19; 8:45 am]
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