5900 Federal Register / Vol. 74, No. 21 / Tuesday, February 3, 2009 / Rules and Regulations 

February 20, 2009. The comment period 

for the extension of the effective date of 

the final rule will close on February 13, 

2009. The comment period for 

providing comment on legal and policy 

questions relating to the rule itself will 

close on March 5, 2009. 

ADDRESSES: You may submit comments, 

identified by RIN 1215–AB62, only by 

the following methods: 

Internet—Federal eRulemaking Portal. 

Electronic comments may be submitted 

through http://www.regulations.gov. To 

locate the proposed rule, use key words 

such as ‘‘Labor-Management Standards’’ 

or ‘‘Labor Organization Annual 

Financial Reports’’ to search documents 

accepting comments. Follow the 

instructions for submitting comments. 

Please be advised that comments 

received will be posted without change 

to http://www.regulations.gov, including 

any personal information provided. 

Delivery: Comments should be sent to: 

Denise M. Boucher, Director of the 

Office of Policy, Reports and Disclosure, 

Office of Labor-Management Standards, 

U.S. Department of Labor, 200 

Constitution Avenue, NW., Room N– 

5609, Washington, DC 20210. Because 

of security precautions the Department 

continues to experience delays in U.S. 

mail delivery. You should take this into 

consideration when preparing to meet 

the deadline for submitting comments. 

The Office of Labor-Management 

Standards (OLMS) recommends that 

you confirm receipt of your delivered 

comments by contacting (202) 693–0123 

(this is not a toll-free number). 

Individuals with hearing impairments 

may call (800) 877–8339 (TTY/TDD). 

Only those comments submitted 

through http://www.regulations.gov, 

hand-delivered, or mailed will be 

accepted. Comments will be available 

for public inspection at http:// 

www.regulations.gov and during normal 

business hours at the above address. 

FOR FURTHER INFORMATION CONTACT: 

Denise M. Boucher, Director, Office of 

Policy, Reports and Disclosure, Office of 

Labor-Management Standards, 

Employment Standards Administration, 

U.S. Department of Labor, 200 

Constitution Avenue, NW., Room N– 

5609, Washington, DC 20210, (202) 693– 

0123 (this is not a toll-free number), 

(800) 877–8339 (TTY/TDD). 

SUPPLEMENTARY INFORMATION: The 

Department has determined that the rule 

involves matters of law and policy that 

should be addressed by the new 

Administration before the rule takes 

effect and is first applied to labor 

organizations. The Department has 

chosen to seek public comments now, 

rather than permit the rule to go into 

effect, due to the front end burdens 

associated with the rule. Without this 

proposal to delay the effective date, 

affected labor organizations likely will 

undertake much effort and expense in 

changing their recordkeeping systems to 

meet the changes required by the rule. 

If a decision is made to propose changes 

and such changes are ultimately 

effectuated, these expenses will have 

been incurred unnecessarily. The tasks 

undertaken will have to be repeated, 

and costs duplicated, to comply with 

any further revisions to the rule. 

Additionally, the Department itself will 

incur significant start up costs in 

revising its electronic software to make 

the changes required by the rule; costs 

that will have to be duplicated if 

changes are later proposed and 

effectuated in a final rule. Furthermore, 

unless the Department now proposes to 

delay the effective date of the rule, the 

Department will have to begin 

answering questions and providing 

compliance assistance about how the 

final rule is to be implemented, 

guidance that will only confuse labor 

organizations if new guidance about a 

revised rule has to be provided in the 

near future. For the foregoing reasons, 

the Department has determined to 

propose delay of the effective date of the 

final rule and, by doing so, alert affected 

labor organizations that it may be 

advisable for them to delay preparations 

and financial commitments associated 

with the changes required by the final 

rule until a decision is made regarding 

the effective date of the final rule. The 

Department proposes the delay of the 

effective date to provide an opportunity 

for further review and consideration of 

the questions of law and policy raised 

by it. For that reason, the Department 

also seeks comments generally on the 

rule, including comments on the merits 

of rescinding or retaining the rule. 

Dated: January 29, 2009. 

Andrew D. Auerbach, 

Deputy Director, Office of Labor-Management 

Standards. 

[FR Doc. E9–2223 Filed 1–29–09; 4:15 pm] 

BILLING CODE 4510–CP–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 112 

[EPA–HQ–OPA–2007–0584; FRL–8770–7] 

RIN 2050–AG16 

Oil Pollution Prevention; NonTransportation Related Onshore 

Facilities; Spill Prevention, Control, 

and Countermeasure Rule—Final 

Amendments 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule: Delay of effective 

date and request for comment. 

SUMMARY: The Environmental Protection 

Agency (EPA) is delaying by sixty days 

the effective date of the final rule that 

amends the Spill Prevention, Control, 

and Countermeasure (SPCC) regulations 

published in the Federal Register on 

December 5, 2008. Thus, the 

amendments will become effective on 

April 4, 2009. EPA additionally is 

requesting public comment on the 

extension of the effective date and its 

duration, and on the regulatory 

amendments contained in the final rule. 

DATES: This document is effective 

February 3, 2009. The effective date of 

FR Doc. E8–28159, published in the 

Federal Register on December 5, 2008 

(73 FR 74236), is delayed to April 4, 

2009. 

Comments must be received on or 

before March 5, 2009. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OPA–2007–0584, by one of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• Mail: EPA Docket, Environmental 

Protection Agency, Mail code: 2822T, 

1200 Pennsylvania Ave., NW., 

Washington, DC 20460. 

• Hand Delivery: EPA/DC, EPA West, 

Room 3334, 1301 Constitution Ave., 

NW., Washington, DC. 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–OPA–2007– 

0584. 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 


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whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or e-mail. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an e-mail 

comment directly to 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, 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 EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

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 EPA’s public docket, visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

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 in hard copy at 

the EPA Docket, EPA/DC EPA West, 

Room 3334, 1301 Constitution Ave., 

NW., Washington, DC. 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 EPA Docket is (202) 

566–0276. 

FOR FURTHER INFORMATION CONTACT: For 

general information, contact the 

Superfund, TRI, EPCRA, RMP, and Oil 

Information Center at 800–424–9346 or 

TDD at 800–553–7672 (hearing 

impaired). In the Washington, DC 

metropolitan area, contact the 

Superfund, TRI, EPCRA, RMP, and Oil 

Information Center at 703–412–9810 or 

TDD 703–412–3323. For more detailed 

information on specific aspects of this 

final rule, contact either Vanessa E. 

Principe at 202–564–7913 

(principe.vanessa@epa.gov), or Mark W. 

Howard at 202–564–1964 

(howard.markw@epa.gov), U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Avenue, NW., 

Washington, DC, 20460–0002, Mail 

Code 5104A. 

SUPPLEMENTARY INFORMATION: In 

accordance with the January 20, 2009, 

White House memorandum entitled, 

‘‘Regulatory Review,’’ and the 

memorandum from the Office of 

Management and Budget entitled, 

‘‘Implementation of Memorandum 

Concerning Regulatory Review’’ (M–09– 

08, January 21, 2009) (OMB 

memorandum), EPA is delaying the 

effective date of the final rule that 

amends the Spill Prevention, Control, 

and Countermeasure (SPCC) regulations 

promulgated in the Federal Register on 

December 5, 2008 (73 FR 74236) under 

section 311 of the Clean Water Act and 

seeking public comment on the 

extension and its duration. The effective 

date of the final rule would have been 

February 3, 2009. With the 60-day 

extension, the amendments will become 

effective on April 4, 2009. The SPCC 

rule amendments clarify, tailor, and 

streamline certain existing requirements 

for those facility owners or operators 

who are required to prepare and 

implement an SPCC Plan (or ‘‘Plan’’) to 

prevent the discharge of oil into or upon 

navigable waters of the United States or 

adjoining shorelines. 

Section 553 of the Administrative 

Procedure Act (APA), 5 U.S.C. 

553(b)(B), provides that, when an 

Agency for good cause finds that notice 

and public procedure are impracticable, 

unnecessary, or contrary to the public 

interest, the Agency may issue a rule 

without providing notice and an 

opportunity for public comment. We 

have determined that there is good 

cause for delaying the effective date of 

the final rule amending the SPCC 

regulations without prior proposal and 

opportunity for comment because notice 

and comment would be impracticable 

and unnecessary. Consistent with the 

January 21, 2009 OMB memorandum 

‘‘Implementation of Memorandum 

Concerning Regulatory Review,’’ the 

EPA Administrator has chosen this rule 

for additional assessment of policy and 

legal issues. Notice and comment is 

impracticable because the rule currently 

has an effective date of February 3, 

2009, and the Agency can not 

adequately comply with the presidential 

directive without delaying the effective 

date of the rule. We have also 

determined that notice and comment is 

unnecessary because there are no 

applicable compliance dates for the 

final rule until well after the April 4, 

2009 effective date. 

The Agency is taking this action to 

ensure that the rule reflects proper 

consideration of all relevant facts. While 

the Agency is requesting public 

comment on the entire final rule, the 

Agency is specifically interested in 

receiving comments on the optional 

approaches for produced water 

containers and the criteria for qualified 

oil production facilities. The preamble 

and regulatory text for the optional 

approaches for exempting or providing 

containment for produced water 

containers can be found at §§ 112.2, 

112.3(d)(vi), 112.3(d)(vii), 112.5(b), 

112.5(c), 112.9(c)(6), and Section V.M.7 

of the December 5, 2008 document, 73 

FR 74285 through 74290. The preamble 

and regulatory text on the criteria for the 

identification of oil production facilities 

that are qualified and eligible to prepare 

self-certified Plans can be found at 

§ 112.3(g)(2)(ii) and Section V.M.6 of the 

December 5, 2008 document, 73 FR 

74280 through 74285. The Agency 

requests that comments include an 

appropriate rationale and supporting 

data for Agency review and 

consideration. Following the comment 

period, EPA will take appropriate steps 

to ensure careful evaluation of the 

comments received and will consider 

whether further amendment of the final 

rule is necessary. 

Finally, the Agency is also reviewing 

the dates by which owners or operators 

of facilities must prepare or amend their 

SPCC Plans, and implement those Plans. 

EPA intends to address these dates in a 

separate notice. 

Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and 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 the Executive 

Order. 

B. Paperwork Reduction Act 

This action does not impose any new 

information collection burden. This 

action results in no changes to the 

information collection requirements of 

the SPCC rule and will have no impact 

on the information collection estimate 

of project cost and hour burden 

previously submitted to OMB. 

C. Regulatory Flexibility Act 

Today’s final rule is not subject to the 

Regulatory Flexibility Act (RFA), which 

generally requires an agency to prepare 

a regulatory flexibility analysis for any 


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5902 Federal Register / Vol. 74, No. 21 / Tuesday, February 3, 2009 / Rules and Regulations 

rule that will have a significant 

economic impact on a substantial 

number of small entities. The RFA 

applies only to rules subject to notice 

and comment rulemaking requirements 

under the APA or any other statute. This 

rule is not subject to notice and 

comment requirements under the APA 

or any other statute because, although 

the rule is subject to the APA, the 

Agency has invoked the ‘‘good cause’’ 

exemption under 5 U.S.C. 553(b), 

therefore, it is not subject to the notice 

and comment requirement. 

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. This 

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 and 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. This 

action only delays the effective date of 

the December 5, 2008 rule and does not 

impose any additional enforceable duty. 

E. Executive Order 13132: Federalism 

Executive Order 13132, entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999), requires EPA to develop an 

accountable process to ensure 

‘‘meaningful and timely input by state 

and local officials in the development of 

regulatory policies that have federalism 

implications.’’ ‘‘Policies that have 

federalism implications’’ is defined in 

the Executive Order to include 

regulations that 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.’’ 

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 

not impose direct compliance costs on 

state or local governments, and will not 

preempt state law. 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 (59 FR 22951, November 9, 

2000). It will not have substantial direct 

effects on tribal governments, 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, as 

specified in Executive Order 13175. 

Thus, Executive Order 13175 does not 

apply to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

EPA interprets Executive Order 13045 

(62 FR 19885, April 23, 1997) as 

applying 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 action is not subject to Executive 

Order 13045 because the NSPS for 

petroleum refineries are based on 

technology performance. This action is 

not subject to Executive Order 13045 (62 

FR 19885, April 23, 1997) because it is 

not economically significant as defined 

in EO 12866, and because the Agency 

does not believe the environmental 

health or safety risks addressed by this 

action presents a disproportionate risk 

to children. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211, ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355, May 22, 2001) because it is 

not a significant regulatory action 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) (Pub. L. 104–113; 

12(d) (15 U.S.C. 272 note) directs EPA 

to use voluntary consensus standards 

(VCS) in its regulatory activities unless 

to do so would be inconsistent with 

applicable law or otherwise impractical. 

VCS are technical standards (e.g., 

materials specifications, test methods, 

sampling procedures, and business 

practices) that are developed or adopted 

by VCS bodies. NTTAA directs EPA to 

provide Congress, through OMB, 

explanations when EPA decides not to 

use available and applicable VCS. 

This action does not involve technical 

standards. Therefore, EPA did not 

consider the use of any VCS. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629, 

February 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. 

EPA has determined that this final 

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. 

K. Congressional Review Act 

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. Section 808 allows 

the issuing agency to make a rule 

effective sooner than otherwise 

provided by the CRA if the agency 

makes a good cause finding that notice 

and public procedure is impracticable, 

unnecessary, or contrary to the public 

interest. This determination must be 

supported by a brief statement. 5 U.S.C. 

808(2). As stated previously, EPA has 

made such a good cause finding, 

including the reasons therefor. EPA will 

submit a report containing this rule and 

other required information to the United 

States Senate, the United States House 

of Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. This action is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 112 

Environmental protection, Animal 

fats and vegetable oils, Hot-mix asphalt, 

Farms, Flammable and combustible 

materials, Integrity testing, Loading 


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racks, Materials handling and storage, 

Natural gas, Oil pollution, Oil and gas 

exploration and production, Oil spill 

response, Penalties, Petroleum, 

Reporting and recordkeeping 

requirements, Secondary containment, 

Security, Tanks, Unloading racks, Water 

pollution control, Water resources. 

Dated: January 29, 2009. 

Lisa P. Jackson, 

Administrator. 

[FR Doc. E9–2335 Filed 2–2–09; 8:45 am] 

BILLING CODE 6560–50–P 


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