82362 Federal Register / Vol. 75, No. 250 / Thursday, December 30, 2010 / Proposed Rules 

produced and a copy will be made 

available to the responsible party(ies); 

(3) The Executive Secretary shall 

make a recommendation on the record 

of the proceeding not earlier than 15 

days after the later of: 

(i) The deadline for the party(ies)’s 

response under paragraph (i)(1) of this 

section; or, 

(ii) The date of a hearing held under 

paragraph (i)(2) of this section; and, 

(4) The Board or the Commerce 

Department’s Assistant Secretary for 

Import Administration shall make a 

determination regarding the 

recommendation on whether to instruct 

CBP to suspend activated status. If the 

determination is affirmative, the 

Executive Secretary shall convey the 

instruction to CBP. 

(j) Enforcement of assessment. Upon 

any failure to pay an assessed fine, the 

Board may request the U.S. Department 

of Justice to recover the amount 

assessed in any appropriate district 

court of the United States or may 

commence any other lawful action. 

(k) Adjustment for inflation. The 

maximum dollar value of a fine for a 

violation of the FTZ Act or the Board’s 

regulations is subject to adjustment for 

inflation pursuant to the Federal Civil 

Penalties Inflation Adjustment Act of 

1990 (Pub. L. 101–410), as amended by 

the Debt Collection Improvement Act of 

1996. 

§ 400.63 Prior disclosure. 

(a) A party subject to a fine pursuant 

to § 400.62 may provide a written 

disclosure of a violation of the FTZ Act 

or the Board’s regulations to the Board 

prior to the commencement of an 

investigation by the Board of the 

violation. 

(b) The disclosure should fully 

describe the circumstances surrounding 

the violation including: 

(1) The zone(s) or subzone(s) 

involved; 

(2) The CBP port(s) of entry involved; 

(3) The legal or regulatory provisions 

violated; 

(4) The circumstances of the act(s) 

constituting the violation; 

(5) The corrective measures 

undertaken to resolve the violation; 

(6) An assurance that the violation 

will not reoccur; and, 

(7) Copies of sufficient documentation 

for the Board to identify the act(s) 

constituting the violation. 

(c) Upon receipt of a written 

disclosure of a violation, the Executive 

Secretary will first determine the 

validity of the disclosure and provide 

written notice of the determination to 

the disclosing party. 

(d) The disclosure should be 

addressed to the Executive Secretary at 

the address in 400.54(e). Disclosures 

may also be submitted via electronic 

transmission as long as an identical, 

original copy is also mailed within two 

business days. 

(e) If a party subject to a fine pursuant 

to § 400.62 submits a valid written prior 

disclosure, it shall be the general policy 

of the Board (except in cases involving 

fraudulent intent) to reduce to a 

maximum of 1,000 dollars the total sum 

of potential fines for a single violation 

or series of offenses stemming from a 

continuing violation. 

(f) A prior disclosure pursuant to this 

section shall not involve the loss of 

revenue and is only applicable to those 

fines imposed pursuant to this section. 

Any prior disclosure involving a loss of 

revenue must be addressed through the 

procedures established by 19 U.S.C. 

1592(c)(4). 

§ 400.64 Appeals to the Board of decisions 

of the Assistant Secretary for Import 

Administration and the Executive Secretary. 

(a) In general. Decisions of the 

Commerce Department’s Assistant 

Secretary for Import Administration and 

the Executive Secretary made pursuant 

to §§ 400.12(d)(2), 400.14(d)–400.14(f), 

400.35(d), 400.46, 400.48, 400.49, 

400.62 and 400.63(c) may be appealed 

to the Board by adversely affected 

parties showing good cause. 

(b) Procedures. Parties appealing a 

decision under paragraph (a) of this 

section shall submit a request for review 

to the Board in writing, stating the basis 

for the request, and attaching a copy of 

the decision in question, as well as 

supporting information and 

documentation. After a review, the 

Board will notify the complaining party 

of its decision in writing. 

Dated: December 27, 2010. 

Christian Marsh, 

Acting Deputy Assistant Secretary for Import 

Administration, Chairman, Committee of 

Alternates, Foreign-Trade Zones Board. 

[FR Doc. 2010–32940 Filed 12–29–10; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF THE INTERIOR 

National Park Service 

36 CFR Part 9 

[2310–0062–422] 

Nonfederal Oil and Gas Development 

Within the Boundaries of Units of the 

National Park System; Intent To 

Prepare an Environmental Impact 

Statement for a Proposed Revision 

AGENCY: National Park Service, Interior. 

ACTION: Proposed rule; intent to prepare 

an environmental impact statement. 

SUMMARY: Notice is hereby given in 

accordance with the National 

Environmental Policy Act of 1969 

(NEPA) and Council on Environmental 

Quality regulations that the U.S. 

Department of the Interior, National 

Park Service (NPS), will prepare a 

programmatic environmental impact 

statement (EIS) on proposed revisions to 

existing regulations governing the 

exercise of nonfederal oil and gas rights 

within the boundaries of units of the 

National Park System. The current 

regulations have been in effect for over 

thirty years and have not been 

substantively updated during that 

period. The EIS will analyze a range of 

reasonable alternatives for regulating 

nonfederal oil and gas development and 

the potential environmental impacts on 

park resources such as threatened and 

endangered species, water resources, 

soils, vegetation, wetlands, air 

resources, night skies, wildlife, cultural 

resources, and soundscapes. Effects on 

oil and gas operators, visitor experience 

and public safety, adjacent lands, and 

park operations will also be analyzed. 

DATES: Comments must be received by 

February 28, 2011. 

ADDRESSES: Written comments or 

requests for information should be 

addressed to Sandy Hamilton, 

Environmental Quality Division, 

National Park Service, Academy Place, 

P.O. Box 25287, Denver, CO 80225. If 

you wish to comment electronically, 

you may submit your comments online 

in the NPS Planning, Environment and 

Public Comment (PEPC) Web site at 

http://parkplanning.nps.gov/WASO. 

Faxed or e-mailed comments will not be 

accepted. Comments should be received 

by the NPS within 60 days of the date 

of the publication of this notice in the 

Federal Register. Please be aware that 

your entire comment—including 

personal identifying information—may 

be made publicly available at any time. 

While you can ask us in your comments 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

FOR FURTHER INFORMATION CONTACT: 

Sandy Hamilton, Environmental 

Protection Specialist, at 303–969–2068, 

or by mail at Sandy Hamilton, 

Environmental Quality Division, 

National Park Service, Academy Place, 

P.O. Box 25287, Denver, CO 80225. 

Further information about this project, 

including the Advanced Notice of 

Public Rulemaking and ‘‘Frequently 

Asked Questions’’ about the difference 


srobinson on DSKHWCL6B1PROD with PROPOSALS
Federal Register / Vol. 75, No. 250 / Thursday, December 30, 2010 / Proposed Rules 82363 

between the NEPA planning process 

and the rulemaking process, may also be 

found on the PEPC Web site for this 

project http://parkplanning.nps.gov/

WASO. 

SUPPLEMENTARY INFORMATION: To 

determine the scope of issues to be 

addressed in the EIS and to identify 

significant issues related to the 

proposed regulations revision, the NPS 

is seeking public comment on the draft 

purpose and need, objectives, and issues 

and concerns related to revisions of the 

NPS regulations governing nonfederal 

oil and gas development on units of the 

National Park System. The NPS also 

seeks comment on possible alternatives 

it should consider for revising the 

regulations. The NPS invites the public 

to submit comments electronically on 

the NPS Planning, Environment and 

Public Comment (PEPC) Web site at 

http://parkplanning.nps.gov/WASO or 

by mail to the address cited in the 

ADDRESSES section during the 60-day 

comment period following the 

publication of this notice of intent in the 

Federal Register. 

The NPS does not plan to hold 

national public scoping meetings for 

this DEIS due to the programmatic 

nature of the regulations and the widely 

dispersed locations of the 45 parks that 

could be affected by the revisions. 

However, some individual parks may 

choose to hold public scoping meetings 

in their locality. Such meetings would 

be advertised by those parks using their 

normal media and mailing list contacts. 

At present, 12 park units contain 

existing nonfederal oil and gas 

development within their boundaries. 

The NPS promulgated regulations at 

36 CFR part 9, subpart B (‘‘9B 

regulations’’) governing nonfederal oil 

and gas development in units of the 

National Park System in December 

1978, with a January 1979 effective date. 

The regulations control all activities 

associated with nonfederal oil and gas 

development inside park boundaries 

where access is on, across, or through 

federally owned or controlled lands or 

waters. At this time 693 nonfederal oil 

and gas operations exist in a total of 12 

units of the National Park System. 

The purpose of the 9B regulations is 

to avoid or minimize the adverse effects 

of nonfederal oil and gas operations on 

natural and cultural resources, visitor 

uses and experiences, provide for public 

safety, and minimize adverse effects on 

park infrastructure and management. 

Revisions to the 9B regulations are 

needed because: 

• The NPS has limited ability to 

address 53% of nonfederal oil and gas 

operations (grandfathered operations 

and operations that do not require 

access across federally owned lands) 

that are currently exempt from the 9B 

regulatory requirements. 

• The existing regulations do not 

incorporate industry advances in 

technology and practices developed 

over the last 30 years. 

• The existing regulations limit the 

NPS ability to require adequate financial 

assurance from operators to ensure that 

funds are available to reclaim operation 

sites in the event operators fail to fulfill 

their obligations under an approved 

plan of operations. 

• There is an opportunity to have 

more understandable, comprehensive, 

and enforceable operating standards. 

• The NPS has limited means under 

the existing regulations to address 

minor violations of an approved plan of 

operations or the 9B regulations that 

would not justify a suspension. 

• The existing regulations do not 

clearly state the scope of NPS 

jurisdiction for directional drilling 

operations sited on lands outside park 

boundaries. 

• The existing regulations are not 

consistent with practices of other 

Federal agencies and private 

landowners by requiring compensation 

for privileged access across federally 

owned lands for operators accessing 

their leaseholds. 

• The existing regulations do not 

provide a means for the NPS, as 

appropriate, to recover the costs for 

processing and monitoring nonfederal 

oil and gas operations in parks. 

The NPS has identified the following 

draft objectives for revising the 9B 

regulations: 

• All operations within the boundary 

of NPS units are regulated under the 9B 

regulations. 

• Operating standards are updated to 

incorporate new scientific findings, 

technologies, and methods least 

damaging to park resources and values. 

• The public and park staff are 

protected from health and safety 

hazards associated with nonfederal oil 

and gas operations. 

• Financial assurance is adequate to 

ensure that park resources and values 

are protected. 

• The regulations provide a practical 

means for dealing with minor acts of 

noncompliance or with illegal 

operations (unauthorized operations). 

• Fair compensation for an operator’s 

use of federal land outside of its 

leasehold is obtained. 

• Regulations are more 

understandable to the regulated 

operating community, public, and park 

staff. 

• Directional drilling operations are 

regulated to retain incentives for 

operators to site operations outside of 

parks but still retain the NPS’ ability to 

protect park resources and values to the 

fullest extent practical. 

The draft and final 9B Regulations 

Revision EIS will be made available to 

all known interested parties and 

appropriate agencies. Full public 

participation by Federal, State, and local 

agencies as well as other concerned 

organizations and private citizens is 

invited throughout the preparation 

process of this document. 

The responsible official for this 9B 

Regulations Revision EIS is Herbert 

Frost, Associate Director for Natural 

Resources Stewardship and Science, 

1849 C Street, NW., Room 3130, 

Washington, DC 20240–0001. 

Dated: December 10, 2010. 

Herbert C. Frost, 

Associate Director, Natural Resource 

Stewardship and Science. 

[FR Doc. 2010–32545 Filed 12–29–10; 8:45 am] 

BILLING CODE 4310–EH–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2010–0259; FRL–9245–8] 

Approval and Promulgation of 

Implementation Plans; Ohio; Volatile 

Organic Compound Emission Control 

Measures for Lithographic and 

Letterpress Printing in Cleveland 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: On March 9, 2010, the Ohio 

Environmental Protection Agency (Ohio 

EPA) submitted revisions to its 

previously approved offset lithographic 

and letterpress printing volatile organic 

compound (VOC) rule for approval into 

the Ohio State Implementation Plan 

(SIP). This submittal revises certain 

compliance date and recordkeeping 

requirements of this rule, which was 

previously approved as satisfying the 

VOC reasonably available control 

technology (RACT) requirement for 

Ashtabula, Cuyahoga, Geauga, Lake, 

Lorain, Medina, Portage and Summit 

Counties. These rule revisions are 

approvable because they satisfy the 

requirements of RACT and the Clean Air 

Act (CAA). 

DATES: Comments must be received on 

or before January 31, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2010–0259, by one of the 

following methods: 


srobinson on DSKHWCL6B1PROD with PROPOSALS