Maine: Final Authorization of State Hazardous Waste Management Program Revisions, 59748-59749 [2022-21320]
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59748
Federal Register / Vol. 87, No. 190 / Monday, October 3, 2022 / Proposed Rules
Dangerous or abusive behavior includes:
(1) Violence, intimidation, physical threats,
harassment, or physical or verbal abuse of
officials or employees of the credit union,
members, or agents of the credit union. This
includes actions while on credit union
premises and through use of telephone, mail,
email, or other electronic method; (2)
Behavior that causes or threatens damage to
credit union property; or (3) Unauthorized
use or access of credit union property.
Expressions of frustration with the credit
union or its employees through elevated
volume and tone; expressions of intent to
seek lawful recourse, regardless of perceived
merit; or repeated interactions with credit
union employees is insufficient to constitute
dangerous or abusive behavior.
Section 4. Expulsion or withdrawal does
not relieve a member of any liability to the
credit union. The credit union will pay all of
the member’s shares upon their expulsion or
withdrawal less any amounts due to this
credit union.
Section 5. An expulsion of a member
pursuant to section 2 shall be done
individually, on a case-by-case basis, and
neither the NCUA Board nor any credit union
may expel a class of members.
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Official NCUA Commentary—Federal Credit
Union Bylaws
Article II. Qualifications for Membership
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(iii) Violent, belligerent, disruptive, or
abusive members: Many credit unions have
confronted the issue of handling a violent,
belligerent, disruptive, or abusive individual.
Doing so is not a simple matter insofar as it
requires the credit union to balance the need
to preserve the safety of individual staff,
other members, and the integrity of the
workplace, on one hand, with the rights of
the affected member on the other. In
accordance with the Act and applicable legal
interpretations, there is a reasonably wide
range within which FCUs may fashion a
policy that works in their case.
Thus, an individual who has become
violent, belligerent, disruptive, or abusive
may be prohibited from entering the premises
or making telephone contact with the credit
union, and the individual may be severely
restricted in terms of eligibility for products
or services. So long as the individual is not
barred from exercising the right to vote at
annual meetings and is allowed to maintain
a regular share account, the FCU may fashion
and implement a policy that is reasonably
designed to preserve the safety of its
employees and the integrity of the workplace.
The policy need not be identical nor applied
uniformly in all cases; there is room for
flexibility and a customized approach to fit
the particular circumstances. In fact, the
NCUA anticipates that in some
circumstances, such as violence or a credible
threat of violence against another member or
credit union staff in the FCU or its
surrounding property, an FCU may take
immediate action to restrict most, if not all,
services to the member. This may occur along
a parallel track as the credit union begins the
process of expelling the member under
Article XIV. In other situations, such as a
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member who frequently writes checks with
insufficient funds, the FCU may attempt to
resolve the matter with the member before
limiting check writing services. Once a
limitation of services policy is adopted or
revised, members must receive notice. The
FCU should disclose the policy to new
members when they join and notify existing
members of the policy at least 30 days before
it becomes effective. The credit union’s board
has the option to adopt the optional
amendment addressing members in good
standing.
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Article XIV. Expulsion and Withdrawal
As noted in the commentary to Article II,
there is a fairly wide range of measures
available to the credit union in responding to
abusive or unreasonably disruptive members.
A credit union can limit services under
Article II for a member not in good standing.
A credit union may also expel the member
for cause after two-thirds vote of the credit
union’s directors.11 Dangerous and abusive
behavior is considered any violent,
belligerent, unreasonably disruptive, or
abusive behavior. Examples of dangerous and
abusive conduct include, but are not limited
to, a member threatening physical harm to
employees, a member repeatedly purchasing
gifts for or asking tellers on dates, a member
repeatedly cursing at employees, and a
member threatening to follow a loan officer
home for a denying loan.
A credit union must provide notice to the
member of the expulsion. The notice must
include the reason for the expulsion. The
notice must be specific and not just include
conclusory statements regarding the reason
for the member’s expulsion. For example, a
general statement that the member’s behavior
has been deemed abusive and the member is
being subject to expulsion procedures would
generally be insufficient as an explanation. A
credit union is prohibited from expelling a
class of members under this provision. That
would include a board acting to remove all
delinquent members or class of delinquent
members.
If a special meeting of the members is
called to expel the member, only in-person
voting is permitted in conjunction with the
special meeting, so that the affected member
has an opportunity to present their case and
respond to the credit union’s concerns.
However, an in-person meeting is not
required if a member is expelled by a twothirds vote of the board of directors. In
addition, FCUs should consider the
commentary under Article XVI about
members using accounts for unlawful
purposes.
[FR Doc. 2022–20927 Filed 9–30–22; 8:45 am]
BILLING CODE 7535–01–P
11 See
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12 U.S.C. 1764.
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
[EPA–R01–RCRA–2022–0421; FRL–10012–
01–R1]
Maine: Final Authorization of State
Hazardous Waste Management
Program Revisions
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
Maine has applied to the
Environmental Protection Agency (EPA)
for final authorization of revisions to its
hazardous waste program under the
Resource Conservation and Recovery
Act (RCRA), as amended. The EPA
proposes to grant final authorization to
Maine for these revisions by a direct
final rule, which can be found in the
‘‘Rules and Regulations’’ section in this
issue of the Federal Register. We have
explained the reasons for this
authorization in the preamble to the
direct final rule. Unless EPA receives
written comments that oppose this
authorization during the comment
period, the direct final rule will become
effective on the date it establishes, and
the EPA will not take further action on
this proposed rule.
DATES: Send your written comments by
November 2, 2022.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R01–
RCRA–2022–0421, at https://
www.regulations.gov/. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from
www.regulations.gov. The EPA may
publish any comment received to its
public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. The EPA will
generally not consider comments or
comment contents located outside of the
primary submission (i.e., on the web,
cloud, or other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa dockets.
SUMMARY:
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Federal Register / Vol. 87, No. 190 / Monday, October 3, 2022 / Proposed Rules
FOR FURTHER INFORMATION CONTACT:
Authority: This proposed action is issued
under the authority of sections 2002(a), 3006
and 7004(b) of the Solid Waste Disposal Act,
as amended, 42 U.S.C. 6912(a), 6926, 6974(b).
Dated: September 23, 2022.
David W. Cash,
Regional Administrator, U.S. EPA Region I.
[FR Doc. 2022–21320 Filed 9–30–22; 8:45 am]
SUPPLEMENTARY INFORMATION:
BILLING CODE 6560–50–P
Table of Contents for Supplementary
Information
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 243
[Docket No. FRA–2020–0017, Notice No. 1]
RIN 2130–AC87
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In response to petitions for
rulemaking, FRA proposes amending its
regulation on Training, Qualification,
and Oversight for Safety-Related
Railroad Employees (Training Rule) to
codify agency guidance and clarify
existing requirements.
DATES: Written comments on the
proposed rule must be received by
December 2, 2022. FRA will consider
comments received after that date to the
extent practicable.
ADDRESSES:
Comments: Comments related to
Docket No. FRA–2020–0017 may be
submitted by going to https://www.
regulations.gov and following the online
instructions for submitting comments.
Instructions: All submissions must
include the agency name, docket
number (FRA–2020–0017), and
Regulatory Identification Number (RIN)
for this rulemaking (2130–AC87). All
comments received will be posted
without change to https://www.
regulations.gov; this includes any
personal information. Please see the
Privacy Act Statement heading in
Section IV of this document for Privacy
Act information related to any
submitted comments or materials.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov and follow the
online instructions for accessing the
docket.
FOR FURTHER INFORMATION CONTACT:
Robert J. Castiglione, Staff Director,
Safety Partnerships Division, Office of
Railroad Safety, FRA, telephone: 817–
247–3707, email: robert.castiglione@
dot.gov; or Alan H. Nagler, Senior
Attorney, Office of the Chief Counsel,
FRA, telephone: 202–493–6038, email:
alan.nagler@dot.gov.
SUMMARY:
Sharon Leitch, RCRA Waste
Management, UST and Pesticides
Section; Land, Chemicals and
Redevelopment Division; EPA Region 1,
5 Post Office Square, Suite 100 (Mail
code 07–1), Boston, MA 02109–3912;
phone: (617) 918–1647; email:
leitch.sharon@epa.gov.
SUPPLEMENTARY INFORMATION: In the
‘‘Rules and Regulations’’ section in this
issue of the Federal Register, the EPA
is authorizing the revisions by a direct
final rule. The EPA did not make a
proposal prior to the direct final rule
because we believe this action is not
controversial and do not expect
comments that oppose it. We have
explained the reasons for this
authorization in the preamble to the
direct final rule. Unless the EPA
receives adverse written comments that
oppose this authorization during the
comment period, the direct final rule
will become effective on the date it
establishes, and the EPA will not take
further action on this proposal. If the
EPA receives comments that oppose this
action, we will withdraw the direct final
rule and it will not take effect. The EPA
will then respond to public comments
in a later final rule based on this
proposal. You may not have another
opportunity for comment. If you want to
comment on this action, you should do
so at this time. For additional
information, please see the direct final
rule published in the ‘‘Rules and
Regulations’’ section in this issue of the
Federal Register.
Training, Qualification, and Oversight
for Safety-Related Railroad Employees
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
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Jkt 259001
I. Executive Summary
II. Background
A. Petition Requests FRA Proposes
Adopting
B. Petition Requests FRA Does Not Propose
Adopting
C. Summary of FRA Guidance to the
Regulated Community
III. Section-by-Section Analysis
IV. Regulatory Impact and Notices
A. Executive Order 12866
B. Regulatory Flexibility Act and Executive
Order 13272
C. Paperwork Reduction Act
D. Federalism Implications
E. International Trade Impact Assessment
F. Environmental Impact
G. Executive Order 12898 (Environmental
Justice)
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59749
H. Unfunded Mandates Reform Act of 1995
I. Energy Impact
I. Executive Summary
Purpose of the Regulatory Action and
Legal Authority
In response to the mandate of section
401(a) of the Rail Safety Improvement
Act of 2008 (RSIA),1 on November 7,
2014, FRA published a final rule (2014
Final Rule) establishing minimum
training standards for safety-related
railroad employees and requiring
railroad carriers, contractors, and
subcontractors to develop and submit
certain training programs to FRA for
approval.2
On May 3, 2017, FRA published a
final rule which delayed
implementation dates in the 2014 Final
Rule by one year.3 The delay was
necessary to help model training
program developers and other regulated
entities comply with the rule.4 On April
27, 2018, FRA published a final rule in
response to a petition for
reconsideration of that May 2017 rule by
granting the American Short Line and
Regional Railroad Association’s
(ASLRRA) request to delay the
implementation dates by an additional
year.5 FRA determined that the delay
was necessary to improve compliance,
reduce significant cost impacts
associated with the rule, and prevent
complicating the approval process.6
On June 27 and July 31, 2019, FRA
received joint petitions for rulemaking
filed by ASLRRA and the National
Railroad Construction and Maintenance
Association, Inc. (NRC) (collectively,
‘‘Associations’’) requesting additional
implementation delays and other
changes to the 2014 Final Rule; these
petitions were docketed in DOT’s
Docket Management System as FRA–
2019–0050. On January 2, 2020, FRA
responded to the Associations’ petitions
for rulemaking by issuing a final rule
delaying the regulation’s
implementation dates for all contractors,
1 Public Law 110–432, 122 Stat. 4883 (Oct. 16,
2008), codified at 49 U.S.C. 20162. The Secretary
of Transportation delegated the authority to carry
out this mandate to the the Federal Railroad
Administrator. 49 CFR 1.89(b).
2 79 FR 66459.
3 82 FR 20549.
4 82 FR 20550. In December 2016, FRA completed
sharing training documents FRA uses to train the
agency’s personnel on Federal rail safety
requirements with model program developers and
made those documents available on FRA’s website.
However, even after FRA produced those
documents and performed significant outreach to
educate the regulated community, one association
(considered a major model program developer)
informed FRA it found certain aspects of the rule
confusing to implement and difficult for contractors
to apply in practice.
5 83 FR 18455.
6 83 FR 18456.
E:\FR\FM\03OCP1.SGM
03OCP1
Agencies
[Federal Register Volume 87, Number 190 (Monday, October 3, 2022)]
[Proposed Rules]
[Pages 59748-59749]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21320]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R01-RCRA-2022-0421; FRL-10012-01-R1]
Maine: Final Authorization of State Hazardous Waste Management
Program Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: Maine has applied to the Environmental Protection Agency (EPA)
for final authorization of revisions to its hazardous waste program
under the Resource Conservation and Recovery Act (RCRA), as amended.
The EPA proposes to grant final authorization to Maine for these
revisions by a direct final rule, which can be found in the ``Rules and
Regulations'' section in this issue of the Federal Register. We have
explained the reasons for this authorization in the preamble to the
direct final rule. Unless EPA receives written comments that oppose
this authorization during the comment period, the direct final rule
will become effective on the date it establishes, and the EPA will not
take further action on this proposed rule.
DATES: Send your written comments by November 2, 2022.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
RCRA-2022-0421, at https://www.regulations.gov/. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from www.regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa dockets.
[[Page 59749]]
FOR FURTHER INFORMATION CONTACT: Sharon Leitch, RCRA Waste Management,
UST and Pesticides Section; Land, Chemicals and Redevelopment Division;
EPA Region 1, 5 Post Office Square, Suite 100 (Mail code 07-1), Boston,
MA 02109-3912; phone: (617) 918-1647; email: [email protected].
SUPPLEMENTARY INFORMATION: In the ``Rules and Regulations'' section in
this issue of the Federal Register, the EPA is authorizing the
revisions by a direct final rule. The EPA did not make a proposal prior
to the direct final rule because we believe this action is not
controversial and do not expect comments that oppose it. We have
explained the reasons for this authorization in the preamble to the
direct final rule. Unless the EPA receives adverse written comments
that oppose this authorization during the comment period, the direct
final rule will become effective on the date it establishes, and the
EPA will not take further action on this proposal. If the EPA receives
comments that oppose this action, we will withdraw the direct final
rule and it will not take effect. The EPA will then respond to public
comments in a later final rule based on this proposal. You may not have
another opportunity for comment. If you want to comment on this action,
you should do so at this time. For additional information, please see
the direct final rule published in the ``Rules and Regulations''
section in this issue of the Federal Register.
Authority: This proposed action is issued under the authority of
sections 2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act,
as amended, 42 U.S.C. 6912(a), 6926, 6974(b).
Dated: September 23, 2022.
David W. Cash,
Regional Administrator, U.S. EPA Region I.
[FR Doc. 2022-21320 Filed 9-30-22; 8:45 am]
BILLING CODE 6560-50-P