Organization and Functions of the Chemical Safety and Hazard Investigation Board, 36255-36257 [2023-11802]
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Federal Register / Vol. 88, No. 106 / Friday, June 2, 2023 / Rules and Regulations
implementing regulations neither
prohibit nor require such an evaluation.
EPA did not perform an EJ analysis and
did not consider EJ in this action.
Consideration of EJ is not required as
part of this action, and there is no
information in the record inconsistent
with the stated goal of E.O. 12898 of
achieving environmental justice for
people of color, low-income
populations, and Indigenous peoples.
B. Submission to Congress and the
Comptroller General
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action 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. A major rule
cannot take effect until 60 days after it
*
*
Infrastructure State Implementation Plan
Revision Clean Air Act Sections 110
Applicable Requirements for the 2015
8-Hour Ozone National Ambient Air
Quality Standard (NAAQS).
*
*
*
*
CHEMICAL SAFETY AND HAZARD
INVESTIGATION BOARD
40 CFR Part 1600
RIN 3301–AA01
lotter on DSK11XQN23PROD with RULES1
State
submittal
date
*
4/20/2021
United States Chemical Safety
and Hazard Investigation Board.
ACTION: Final rule.
The revisions to the rule
amend the organization, operation,
quorum and voting, and office location
regulations of the United States
Effective June 2, 2023.
The
Chemical Safety and Hazard
Investigation Board’s (CSB) revisions to
40 CFR part 1600 will align with the
agency’s current organizational
structure, Board Orders, practices, and
SUPPLEMENTARY INFORMATION:
Frm 00039
Fmt 4700
Adam Ortiz,
Regional Administrator, Region III.
For the reasons stated in the
preamble, the EPA amends 40 CFR part
52 as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart NN—Pennsylvania
2. In § 52.2020, the table in paragraph
(e)(1) is amended by adding the entry
‘‘Infrastructure State Implementation
Plan Revision Clean Air Act Sections
110 Applicable Requirements for the
2015 8-Hour Ozone National Ambient
Air Quality Standard (NAAQS)’’ at the
end of the table to read as follows:
■
§ 52.2020
*
*
6/2/2023, [insert
Federal Register
citation].
Tamara Qureshi, Assistant General
Counsel, at either 202.763.8240 or
tamara.qureshi@csb.gov.
PO 00000
recordkeeping requirements, Volatile
organic compounds.
Identification of plan.
*
*
(e) * * *
(1) * * *
EPA approval date
FOR FURTHER INFORMATION CONTACT:
AGENCY:
Jkt 259001
Environmental protection, Air
pollution control, Incorporation by
reference, Ozone, Reporting and
DATES:
Organization and Functions of the
Chemical Safety and Hazard
Investigation Board
16:04 Jun 01, 2023
List of Subjects in 40 CFR Part 52
Chemical Safety and Hazard
Investigation Board (CSB). The
amendments address changes to agency
practices in organizational structure,
quorum and voting requirements, and
office location. The amendments
incorporate CSB Board Orders. Board
Orders allow the CSB to keep current
with changes in organizational
operations, like when there is a singular
Board member.
BILLING CODE 6560–50–P
VerDate Sep<11>2014
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by August 1, 2023. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action
pertaining to Pennsylvania’s section
110(a)(2) infrastructure elements for the
2015 ozone NAAQS may not be
challenged later in proceedings to
enforce its requirements (see section
307(b)(2)).
*
Statewide .......
[FR Doc. 2023–11752 Filed 6–1–23; 8:45 am]
SUMMARY:
C. Petitions for Judicial Review
Applicable
geographic
area
Name of non-regulatory SIP revision
*
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Sfmt 4700
36255
*
*
Additional explanation
*
*
This section is amended. This action addresses the following, or portions thereof, CAA elements: 110(a)(2)(A), (B),
(C), (D)(i)(II)(Prevention of Significant
Deterioration), D(ii), (E), (F), (G), (H),
(J), (K), (L), and (M).
office location. The changes to § 1600.2,
Organization, mirror CSB’s current
management structure. The CSB’s Board
Orders memorialize a portion of the
CSB’s internal policies and procedures.
The addition of paragraph (e) to
§ 1600.4, Operation, incorporates the
agency’s current practice of using Board
Orders and other internal policies and
procedures in its operation. The
additional language in § 1600.5,
Quorum and voting requirements,
integrates the CSB’s Board Orders into
the regulations to help ensure that the
regulations remain current.
Furthermore, the regulation now
addresses situations in which the CSB
has a single Chairperson or Board
member. Additionally, the regulation
establishes the CSB’s Board as the
arbiter of internal disputes pertaining to
calendaring of notation items. The
regulation also removes the CSB’s
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02JNR1
36256
Federal Register / Vol. 88, No. 106 / Friday, June 2, 2023 / Rules and Regulations
lotter on DSK11XQN23PROD with RULES1
internal agenda requirement to discuss
the agency’s progress on its Action Plan
at its quarterly meetings to match
current agency practice. Finally, in
§ 1600.6, Office location, the CSB
updated its current office location.
The Administrative Procedure Act
(APA), 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. These revisions fall
under this part of the APA.
Statutory Authority: 5 U.S.C. 301,
552(a)(1); 42 U.S.C. 7412(r)(6)(N).
Regulatory Impact
Administrative Procedure Act: In
promulgating this rule, the CSB finds
that notice and public comment are not
necessary. Section 553(b)(3)(A) of Title
5, United States Code, provides that
when regulations involve matters of
agency organization, procedure, or
practice, the agency may publish
regulations in final form. In addition,
the CSB finds, in accordance with 5
U.S.C. 553(d), that a delayed effective
date is unnecessary. Accordingly, these
regulations are effective upon
publication.
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
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
VerDate Sep<11>2014
16:04 Jun 01, 2023
Jkt 259001
that a final rule will not have a
significant economic impact on a
substantial number of small entities.
Congressional Review Act: The CSB
reviewed the rule to determine it would
be a major rule under 5 U.S.C.
801(a)(1)(A). This rule is not a major
rule and not subject to reporting to
Congress.
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, Organization and functions
(Government agencies).
Dated: May 30, 2023.
Stephen Owens,
Chairperson.
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
1. The authority citation for part 1600
continues to read as follows:
■
Authority: 5 U.S.C. 301, 552(a)(1); 42
U.S.C. 7412(r)(6)(N).
2. Amend § 1600.2 by revising
paragraph (b) to read as follows.
■
§ 1600.2
Organization.
*
*
*
*
*
(b) The CSB’s staff is comprised of the
following administrative units and such
other units as established by the CSB
Board:
(1) The Office of Administration;
(2) The Office of Investigations and
Recommendations;
(3) The Office of the General Counsel;
(4) The Office of Financial
Operations; and
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Fmt 4700
Sfmt 4700
(5) The Office of Equal Employment
Opportunity.
*
*
*
*
*
■ 3. Amend § 1600.4 by adding
paragraph (e) to read as follows.
§ 1600.4
Operation.
*
*
*
*
*
(e) Board Orders and other policies
and procedures adopted by the Board.
■ 4. Amend § 1600.5 by:
■ a. Revising paragraphs (a), (b), and
(c)(1)(i) and (ii); and
■ b. Removing paragraph (c)(1)(iii).
The revisions read as follows:
§ 1600.5
Quorum and voting requirements.
(a) Quorum requirements. A quorum
of the Board for the transaction of
business shall consist of three Members;
provided, however, that if the number of
Board Members in office is fewer than
three, a quorum shall consist of the
number of Members in Office, subject to
the limitations on the authority of a
single-Member Board set forth in this
section and in Board Orders adopted by
the Board; and provided further that on
any matter of business as to which the
number of Members in office, minus the
number of Members who have
disqualified themselves from
consideration of such matter is two, two
Members shall constitute a quorum for
purposes of such matter. Once a quorum
is constituted, a simple majority of
voting Members is required to approve
an item of the Board’s business. A tie
vote results in no action. If the Board
consists of only a single Member
(whether the Chairperson or another
Member), that single Member may not
transact Board business or take any
action that requires approval by the
Board, except as provided in Board
Orders adopted by the Board.
(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 in accordance with applicable
Board Orders, the Board must consider
the calendared notation item at a public
meeting of the Board within 90 days of
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Federal Register / Vol. 88, No. 106 / Friday, June 2, 2023 / Rules and Regulations
lotter on DSK11XQN23PROD with RULES1
the date on which the item is
calendared. This section does not
permit a notation item to be calendared
other than as provided in applicable
Board Orders. A notation vote to
schedule a public meeting or a special
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 schedule a special
meeting to consider any calendared
notation item no later than 90 days from
VerDate Sep<11>2014
16:04 Jun 01, 2023
Jkt 259001
the calendar action. Any disagreement
about whether a notation item has been
calendared effectively in accordance
with applicable Board Orders shall be
decided by the Board.
(c) * * *
(1) * * *
(i) Consideration and vote on any
notation items calendared since the date
of the last public meeting; and
(ii) A review by the Board of the
schedule for completion of all open
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Fmt 4700
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36257
investigations, studies, and other
important work of the Board.
*
*
*
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*
■ 5. Revise § 1600.6 to read as follows.
§ 1600.6
Office location.
The principal offices of the Chemical
Safety and Hazard Investigation Board
are located at 1750 Pennsylvania
Avenue NW, Suite 910, Washington, DC
20006.
[FR Doc. 2023–11802 Filed 6–1–23; 8:45 am]
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]]>Agencies
[Federal Register Volume 88, Number 106 (Friday, June 2, 2023)]
[Rules and Regulations]
[Pages 36255-36257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11802]
=======================================================================
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CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD
40 CFR Part 1600
RIN 3301-AA01
Organization and Functions of the Chemical Safety and Hazard
Investigation Board
AGENCY: United States Chemical Safety and Hazard Investigation Board.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The revisions to the rule amend the organization, operation,
quorum and voting, and office location regulations of the United States
Chemical Safety and Hazard Investigation Board (CSB). The amendments
address changes to agency practices in organizational structure, quorum
and voting requirements, and office location. The amendments
incorporate CSB Board Orders. Board Orders allow the CSB to keep
current with changes in organizational operations, like when there is a
singular Board member.
DATES: Effective June 2, 2023.
FOR FURTHER INFORMATION CONTACT: Tamara Qureshi, Assistant General
Counsel, at either 202.763.8240 or [email protected].
SUPPLEMENTARY INFORMATION: The Chemical Safety and Hazard Investigation
Board's (CSB) revisions to 40 CFR part 1600 will align with the
agency's current organizational structure, Board Orders, practices, and
office location. The changes to Sec. 1600.2, Organization, mirror
CSB's current management structure. The CSB's Board Orders memorialize
a portion of the CSB's internal policies and procedures. The addition
of paragraph (e) to Sec. 1600.4, Operation, incorporates the agency's
current practice of using Board Orders and other internal policies and
procedures in its operation. The additional language in Sec. 1600.5,
Quorum and voting requirements, integrates the CSB's Board Orders into
the regulations to help ensure that the regulations remain current.
Furthermore, the regulation now addresses situations in which the CSB
has a single Chairperson or Board member. Additionally, the regulation
establishes the CSB's Board as the arbiter of internal disputes
pertaining to calendaring of notation items. The regulation also
removes the CSB's
[[Page 36256]]
internal agenda requirement to discuss the agency's progress on its
Action Plan at its quarterly meetings to match current agency practice.
Finally, in Sec. 1600.6, Office location, the CSB updated its current
office location.
The Administrative Procedure Act (APA), 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. These revisions fall under this part
of the APA.
Statutory Authority: 5 U.S.C. 301, 552(a)(1); 42 U.S.C.
7412(r)(6)(N).
Regulatory Impact
Administrative Procedure Act: In promulgating this rule, the CSB
finds that notice and public comment are not necessary. Section
553(b)(3)(A) of Title 5, United States Code, provides that when
regulations involve matters of agency organization, procedure, or
practice, the agency may publish regulations in final form. In
addition, the CSB finds, in accordance with 5 U.S.C. 553(d), that a
delayed effective date is unnecessary. Accordingly, these regulations
are effective upon publication.
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 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.
Congressional Review Act: The CSB reviewed the rule to determine it
would be a major rule under 5 U.S.C. 801(a)(1)(A). This rule is not a
major rule and not subject to reporting to Congress.
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, Organization and functions
(Government agencies).
Dated: May 30, 2023.
Stephen Owens,
Chairperson.
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 for part 1600 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. 1600.2 by revising paragraph (b) to read as follows.
Sec. 1600.2 Organization.
* * * * *
(b) The CSB's staff is comprised of the following administrative
units and such other units as established by the CSB Board:
(1) The Office of Administration;
(2) The Office of Investigations and Recommendations;
(3) The Office of the General Counsel;
(4) The Office of Financial Operations; and
(5) The Office of Equal Employment Opportunity.
* * * * *
0
3. Amend Sec. 1600.4 by adding paragraph (e) to read as follows.
Sec. 1600.4 Operation.
* * * * *
(e) Board Orders and other policies and procedures adopted by the
Board.
0
4. Amend Sec. 1600.5 by:
0
a. Revising paragraphs (a), (b), and (c)(1)(i) and (ii); and
0
b. Removing paragraph (c)(1)(iii).
The revisions read as follows:
Sec. 1600.5 Quorum and voting requirements.
(a) Quorum requirements. A quorum of the Board for the transaction
of business shall consist of three Members; provided, however, that if
the number of Board Members in office is fewer than three, a quorum
shall consist of the number of Members in Office, subject to the
limitations on the authority of a single-Member Board set forth in this
section and in Board Orders adopted by the Board; and provided further
that on any matter of business as to which the number of Members in
office, minus the number of Members who have disqualified themselves
from consideration of such matter is two, two Members shall constitute
a quorum for purposes of such matter. Once a quorum is constituted, a
simple majority of voting Members is required to approve an item of the
Board's business. A tie vote results in no action. If the Board
consists of only a single Member (whether the Chairperson or another
Member), that single Member may not transact Board business or take any
action that requires approval by the Board, except as provided in Board
Orders adopted by the Board.
(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 in accordance with applicable Board Orders, the Board
must consider the calendared notation item at a public meeting of the
Board within 90 days of
[[Page 36257]]
the date on which the item is calendared. This section does not permit
a notation item to be calendared other than as provided in applicable
Board Orders. A notation vote to schedule a public meeting or a special
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 schedule a special meeting to consider any
calendared notation item no later than 90 days from the calendar
action. Any disagreement about whether a notation item has been
calendared effectively in accordance with applicable Board Orders shall
be decided by the Board.
(c) * * *
(1) * * *
(i) Consideration and vote on any notation items calendared since
the date of the last public meeting; and
(ii) A review by the Board of the schedule for completion of all
open investigations, studies, and other important work of the Board.
* * * * *
0
5. Revise Sec. 1600.6 to read as follows.
Sec. 1600.6 Office location.
The principal offices of the Chemical Safety and Hazard
Investigation Board are located at 1750 Pennsylvania Avenue NW, Suite
910, Washington, DC 20006.
[FR Doc. 2023-11802 Filed 6-1-23; 8:45 am]
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