65910 Federal Register / Vol. 79, No. 215 / Thursday, November 6, 2014 / Proposed Rules 

(section 409(b)(5) (21 U.S.C. 348(b)(5)), 

notice is given that a food additive 

petition (FAP 2289) has been filed by 

The Iams Company, 315 Cool Springs 

Blvd., Franklin, TN 37067. The petition 

proposes to amend Title 21 of the Code 

of Federal Regulations (CFR) in part 573 

Food Additives Permitted in Feed and 

Drinking Water of Animals (21 CFR part 

573) to provide for the safe use of a 

Salmonella-specific bacteriophage 

preparation as a food additive as an 

antimicrobial processing aid to reduce 

Salmonella in the production of dry dog 

and cat pet food. The petitioner has 

requested a categorical exclusion from 

preparing an environmental assessment 

or environmental impact statement 

under 21 CFR 25.32(r). 

Interested persons may submit either 

electronic or written comments 

regarding this request for categorical 

exclusion to the Division of Dockets 

Management (see DATES and 

ADDRESSES). It is only necessary to send 

one set of comments. Identify comments 

with the docket number found in 

brackets in the heading of this 

document. Received comments may be 

seen in the Division of Dockets 

Management between 9 a.m. and 4 p.m., 

Monday through Friday, and will be 

posted to the docket at http://

www.regulations.gov. 

Dated: November 3, 2014. 

Bernadette Dunham, 

Director, Center for Veterinary Medicine. 

[FR Doc. 2014–26405 Filed 11–5–14; 8:45 am] 

BILLING CODE 4164–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 22 

[EPA–HQ–OECA–2014–0551; FRL–9914– 

33–OECA] 

RIN 2020–AA50 

Consolidated Rules of Practice 

Governing the Administrative 

Assessment of Civil Penalties, 

Issuance of Compliance or Corrective 

Action Orders, and the Revocation, 

Termination or Suspension of Permits 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: This proposed rule revises the 

scope of the Environmental Protection 

Agency’s (EPA) Consolidated Rules of 

Practice governing the administrative 

assessment of civil penalties to 

encompass the assessment of civil 

penalties under the air pollution control 

provisions of the Act to Prevent 

Pollution from Ships. The EPA has not 

previously established adjudicatory 

procedures for the assessment of civil 

penalties under that statute. 

Establishment of such procedures will 

provide for the efficient and effective 

adjudication, including administrative 

appeals, of such proceedings consistent 

with statutory requirements. This 

proposed rule also revises the address 

for the Environmental Appeals Board to 

reflect its relocation to the William 

Jefferson Clinton East Building. 

In the ‘‘Rules and Regulations’’ 

section of this Federal Register, we are 

making this same amendment as a direct 

final rule. If we receive no adverse 

comment, the direct final rule will go 

into effect and we will not take further 

action on this proposed rule. 

DATES: Written comments must be 

received by December 8, 2014. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OECA–2014–0551, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: [docket.oeca@epa.gov.] 

3. Fax: (202) 566–9744. 

4. Mail: Environmental Protection 

Agency, OECA Docket, Mail-Code 

28221T, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460. 

5. Hand Delivery: EPA Docket Center 

(EPA/DC), EPA West, Room 3334, 1301 

Constitution Ave. NW., Washington, DC 

20004. Attention Docket No. EPA–HQ– 

OECA–2014–0551. Such deliveries are 

only accepted during the Docket’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OECA–2014– 

0551. 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 information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site 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 http://www.epa.gov/

epahome/dockets.htm. For additional 

instructions on submitting comments, 

go to the SUPPLMENTARY INFORMATION

section of this document. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or at the EPA 

Docket Center (EPA/DC), EPA West, 

Room 3334, 1301 Constitution Ave. 

NW., Washington, DC 20004. The Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the OECA Docket is (202) 

566–1752. 

FOR FURTHER INFORMATION CONTACT: 

Meetu Kaul, Office of Enforcement and 

Compliance Assurance, U.S. 

Environmental Protection Agency, 

William Jefferson Clinton Building 

South, Room 1117B, 1200 Pennsylvania 

Ave. NW., Mail Code 2242A, 

Washington, DC 20460, phone number 

(202) 564–5472 or by email at 

kaul.meetu@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Why is the EPA issuing this proposed 

rule? 

The EPA is proposing to revise the 

scope of the EPA’s Consolidated Rules 

of Practice governing the administrative 

assessment of civil penalties to 

encompass the assessment of civil 

penalties under the air pollution control 

provisions of the Act to Prevent 

Pollution from Ships. Establishment of 

such procedures will provide for the 


rmajette on DSK2TPTVN1PROD with PROPOSALS
Federal Register / Vol. 79, No. 215 / Thursday, November 6, 2014 / Proposed Rules 65911 

efficient and effective adjudication, 

including administrative appeals, of 

such proceedings consistent with 

statutory requirements. 

We are publishing a direct final rule 

in the ‘‘Rules and Regulations’’ section 

of this Federal Register because we 

view this as a noncontroversial action 

and anticipate no adverse comment. We 

explain our reasons for this action in the 

preamble to the direct final rule. The 

regulatory text for the proposal is 

identical to that for the direct final rule 

published in the ‘‘Rules and 

Regulations’’ section of this Federal 

Register. 

If we receive no adverse comment, we 

will not take further action on this 

proposed rule. If we receive adverse 

comment, we will publish timely notice 

in the Federal Register to withdraw the 

direct final rule. We will address all 

public comments in any subsequent 

final rule based on this proposed rule. 

We do not intend to provide a second 

comment period on this action. Any 

parties interested in commenting must 

do so at this time. For further 

information about commenting on this 

rule see the ADDRESSES section of this 

document. 

II. Does this action apply to me? 

This action may affect parties 

involved in EPA administrative 

adjudicatory proceedings for the 

assessment of civil penalties under 

section 1908(b) of the Act to Prevent 

Pollution from Ships (33 U.S.C. 

1908(b)). You may direct questions 

regarding the applicability of this action 

as noted in FOR FURTHER INFORMATION

CONTACT

III. What should I consider as I prepare 

my comments for EPA? 

A. Submitting CBI Do not submit this 

information to the EPA through 

www.regulations.gov or email. Clearly 

mark the part or all of the information 

that you claim to be CBI. For CBI 

information in a disk or CD–ROM that 

you mail to EPA, mark the outside of the 

disk or CD–ROM as CBI and then 

identify electronically within the disk or 

CD–ROM the specific information that 

is claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR Part 2. 

B. Tips for Preparing Your Comments 

When submitting comments, 

remember to: 

• Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

• Follow directions—The agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

• Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

• Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

• If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

• Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

• Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

• Make sure to submit your 

comments by the comment period 

deadline identified. 

IV. Statutory and Executive Order 

Reviews 

A. Executive Orders 12866: Regulatory 

Planning and Review and 13563: 

Improving Regulation and Regulatory 

Review 

This 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 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 action 

will apply the Rules of Practice to 

adjudicatory proceedings for the 

assessment of civil penalties by the EPA 

under its Act to Prevent Pollution from 

Ships authority, and will revise the 

mailing and hand delivery address for 

the EAB to reflect the Board’s 

relocation. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

generally requires an agency 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 as defined by the Small 

Business Administration’s (SBA) 

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. 

After considering the economic 

impacts of this rule on small entities, I 

certify that this rule will not have a 

significant economic impact on a 

substantial number of small entities. 

This rule will not impose any additional 

requirements on small entities. This rule 

will apply the Rules of Practice to 

adjudicatory proceedings for the 

assessment of civil penalties by the EPA 

under its Act to Prevent Pollution from 

Ships authority, and will revise the 

mailing and hand delivery address for 

the EAB to reflect the Board’s 

relocation. 

D. Unfunded Mandates Reform Act 

This action contains no Federal 

mandates under the provisions of Title 

II of the Unfunded Mandates Reform 

Act of 1995 (UMRA), 2 U.S.C. 1531– 

1538 for State, local, or tribal 

governments or the private sector. The 

action imposes no 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 UMRA 

because it contains no regulatory 

requirements that might significantly or 

uniquely affect small governments. The 

purpose of this action is to apply the 

Rules of Practice to adjudicatory 

proceedings for the assessment of civil 

penalties by the EPA under its Act to 

Prevent Pollution from Ships authority, 

and to revise the mailing and hand 

delivery address for the EAB to reflect 

the Board’s relocation. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will 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 the various 

levels of government, as specified in 

Executive Order 13132. This action will 


rmajette on DSK2TPTVN1PROD with PROPOSALS
65912 Federal Register / Vol. 79, No. 215 / Thursday, November 6, 2014 / Proposed Rules 

apply the Rules of Practice to 

adjudicatory proceedings for the 

assessment of civil penalties by the EPA 

under its Act to Prevent Pollution from 

Ships authority, and will revise the 

mailing and hand delivery address for 

the EAB to reflect the Board’s 

relocation. Thus, Executive Order 13132 

does not apply to this action. 

F. Executive Order 13175 Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175 (65 FR 67249, November 9, 

2000). This action will apply the Rules 

of Practice to adjudicatory proceedings 

for the assessment of civil penalties by 

the EPA under its Act to Prevent 

Pollution from Ships authority, and will 

revise the mailing and hand delivery 

address for the EAB to reflect the 

Board’s relocation. Thus, Executive 

Order 13175 does not apply to this 

action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

The EPA interprets EO 13045 (62 FR 

19885, April 23, 1997) as applying only 

to those regulatory actions that concern 

health or safety risks, such that the 

analysis required under section 5–501 of 

the EO has the potential to influence the 

regulation. This action is not subject to 

EO 13045 because it does not establish 

an environmental standard intended to 

mitigate health or safety risks. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211 (66 FR 28355 (May 22, 

2001)), because it is not a significant 

regulatory action under Executive Order 

12866. 

I. National Technology Transfer 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Public Law 

104–113, 12(d) (15 U.S.C. 272 note) 

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 

standards bodies. NTTAA directs the 

EPA to provide Congress, through OMB, 

explanations when the Agency decides 

not to use available and applicable 

voluntary consensus standards. 

This action does not involve technical 

standards. Therefore, the EPA did not 

consider 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 (EO) 12898 (59 FR 

7629 (Feb. 16, 1994)) 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 has determined that this 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 action will apply the 

Rules of Practice to adjudicatory 

proceedings for the assessment of civil 

penalties by the EPA under its Act to 

Prevent Pollution from Ships authority, 

and will revise the mailing and hand 

delivery address for the EAB to reflect 

the Board’s relocation. 

V. Statutory Authority 

Statutory authority for this proposed 

action comes from sections 1903 and 

1908 of the Act to Prevent Pollution 

from Ships (APPS) (33 U.S.C. 1901 et 

seq.). 

List of Subjects in 40 CFR Part 22 

Environmental protection, 

Administrative practice and procedures, 

Air pollution control, Hazardous 

substances, Hazardous waste, Penalties, 

Pesticides and pests, Poison prevention, 

Water pollution control. 

Dated: October 23, 2014. 

Gina McCarthy, 

Administrator. 

[FR Doc. 2014–26318 Filed 11–5–14; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 202, 203, 205, 207, 211, 

212, 215, 217, 218, 219, 225, 228, 234, 

236, 237, 250, and 252 

RIN 0750–AI43 

Defense Federal Acquisition 

Regulation Supplement: Inflation 

Adjustment of Acquisition-Related 

Thresholds (DFARS Case 2014–D025) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Proposed rule. 

SUMMARY: DoD is proposing to amend 

the Defense Federal Acquisition 

Regulation Supplement (DFARS) to 

further implement the U.S.C. statute on 

inflation adjustment of acquisitionrelated dollar thresholds. This statute 

requires an adjustment every five years 

of acquisition-related thresholds for 

inflation using the Consumer Price 

Index for all urban consumers, except 

for the Construction Wage Rate 

Requirements statute (Davis-Bacon Act), 

Service Contract Labor Standards 

statute, and trade agreements 

thresholds. DoD is also proposing to use 

the same methodology to adjust some 

nonstatutory DFARS acquisition-related 

thresholds in 2015. 

DATES: Comment Date: Comments on 

the proposed rule should be submitted 

in writing to the address shown below 

on or before January 5, 2015, to be 

considered in the formation of the final 

rule. 

ADDRESSES: Submit comments 

identified by DFARS Case 2014–D025, 

using any of the following methods: 

Æ Regulations.gov: http://

www.regulations.gov. Submit comments 

via the Federal eRulemaking portal by 

entering ‘‘DFARS Case 2014–D025’’ 

under the heading ‘‘Enter keyword or 

ID’’ and selecting ‘‘Search.’’ Select the 

link ‘‘Submit a Comment’’ that 

corresponds with ‘‘DFARS Case 2014– 

D025.’’ Follow the instructions provided 

at the ‘‘Submit a Comment’’ screen. 

Please include your name, company 

name (if any), and ‘‘DFARS Case 2014– 

D025’’ on your attached document. 

Æ Email: osd.dfars@mail.mil. Include 

DFARS Case 2014–D025 in the subject 

line of the message. 

Æ Fax: 571–372–6094. 

Æ Mail: Defense Acquisition 

Regulations System, Attn: Ms. Amy G. 

Williams, OUSD (AT&L) DPAP/DARS, 

Room 3B941, 3060 Defense Pentagon, 

Washington, DC 20301–3060. 


rmajette on DSK2TPTVN1PROD with PROPOSALS