49666 Federal Register / Vol. 76, No. 155 / Thursday, August 11, 2011 / Rules and Regulations 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, 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. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction. This rule 

involves the creation of safety zones. An 

environmental analysis checklist and a 

categorical exclusion determination will 

be available in the docket where 

indicated under ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Public 

Law 107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Revise § 165.T13–175 to read as 

follows: 

§ 165.T13–175 Safety Zone; M/V DAVY 

CROCKETT, Columbia River 

(a) Location: The following area is a 

safety zone: 

(1) All waters of the Columbia River 

encompassed within the following four 

points: point one at 45°34′59.74′′ N/ 

122°28′35.00′′ W on the Washington 

bank of the Columbia River then 

proceeding into the river to point two at 

45°34′51.42′′ N/122°28′35.47′′ W, then 

proceeding upriver to the third point at 

45°34′51.02′′ N/122°28′07.32′′ W, then 

proceeding to the shoreline to the fourth 

point on the Washington Bank at 

45°34′56.06′′ N/122°28′07.36′′ W, then 

back along the shoreline to point one. 

Geographically this encompasses all the 

waters within an area starting at 

approximately 300 ft upriver from the 

M/V DAVY CROCKETT extending to 

300 ft abreast of the M/V DAVY 

CROCKETT and then ending 300 ft 

down river of the M/V DAVY 

CROCKETT. 

(b) Regulations. In accordance with 

the general regulations in 33 CFR part 

165, subpart C, no person may enter or 

remain in the safety zone created in this 

section or bring, cause to be brought, or 

allow to remain in the safety zone 

created in this section any vehicle, 

vessel, or object unless authorized by 

the Captain of the Port, Columbia River 

or his designated representative. 

(c) Enforcement Period. The safety 

zone created in this section will be in 

effect from August 1, 2011 through 

August 31, 2011 unless cancelled sooner 

by the Captain of the Port, Columbia 

River. 

Dated: July 26, 2011. 

B.C. Jones, 

Captain, U.S. Coast Guard, Captain of the 

Port, Columbia River. 

[FR Doc. 2011–20375 Filed 8–10–11; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2011–0672] 

RIN 1625–AA00 

Safety Zone; East Coast Drag Boat 

Bucksport Blowout Boat Race, 

Waccamaw River, Bucksport, SC 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the waters of the Waccamaw River 

during the East Coast Drag Boat 

Bucksport Blowout in Bucksport, South 

Carolina. The East Coast Drag Boat 

Bucksport Blowout will consist of a 

series of high-speed boat races. The 

event is scheduled to take place on 

Saturday, September 17, 2011 and 

Sunday, September 18, 2011. The 

temporary safety zone is necessary for 

the safety of race participants, 

participant vessels, spectators, and the 

general public during the event. Persons 

and vessels are prohibited from 

entering, transiting through, anchoring 

in, or remaining within the safety zone 

unless authorized by the Captain of the 

Port Charleston or a designated 

representative. 

DATES: This rule is effective from 11:59 

a.m. on September 17, 2011 through 7 

p.m. on September 18, 2011. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2011– 

0672 and are available online by going 

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

USCG–2011–0672 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ They 

are also available for inspection or 

copying at the Docket Management 

Facility (M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

final rule, call or e-mail Ensign John R. 

Santorum, Coast Guard Sector 

Charleston Waterways Management 


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Federal Register / Vol. 76, No. 155 / Thursday, August 11, 2011 / Rules and Regulations 49667 

Division at telephone: 843–740–3184, 

e-mail John.R.Santorum@uscg.mil. If 

you have questions on viewing the 

docket, call Renee V. Wright, Program 

Manager, Docket Operations, telephone 

202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

The Coast Guard is issuing this 

temporary final rule without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because the 

Coast Guard did not receive necessary 

information about the event until July 5, 

2011. As a result, the Coast Guard did 

not have sufficient time to publish an 

NPRM and to receive public comments 

prior to the event. Any delay in the 

effective date of this rule would be 

contrary to the public interest because 

immediate action is needed to minimize 

potential danger to the race participants, 

participant vessels, spectators, and the 

general public. 

Basis and Purpose 

The legal basis for the rule is the 

Coast Guard’s authority to establish 

regulated navigation areas and other 

limited access areas: 33 U.S.C. 1226, 

1231; 46 U.S.C. Chapter 701, 3306, 

3703; 50 U.S.C. 191, 195; 33 CFR 1.05– 

1, 6.04–1, 6.04–6, 160.5; Public Law 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 

0170.1. 

The purpose of the rule is to protect 

race participants, participant vessels, 

spectators, and the general public from 

the hazards associated with the highspeed boat races. 

Discussion of Rule 

On September 17, 2011 and 

September 18, 2011, the East Coast Drag 

Boat Association will host the East 

Coast Drag Boat Bucksport Blowout, a 

series of high-speed boat races. The 

races will take place from 

approximately 11:59 a.m. until 7 p.m. 

on each day. The races will be held on 

the waters of the Waccamaw River in 

Bucksport, South Carolina. 

Approximately 30 high-speed power 

boats will be participating in the races. 

The high speed of the participant 

vessels poses a safety hazard to race 

participants, participant vessels, 

spectators, and the general public. 

The safety zone encompasses certain 

waters of the Waccamaw River in 

Bucksport, South Carolina. The safety 

zone will be enforced daily from 11:59 

a.m. until 7 p.m. Persons and vessels are 

prohibited from entering, transiting 

through, anchoring in, or remaining 

within the safety zone unless authorized 

by the Captain of the Port Charleston or 

a designated representative. Persons and 

vessels desiring to enter, transit through, 

anchor in, or remain within the safety 

zone may contact the Captain of the Port 

Charleston by telephone at 843–740– 

7050, or a designated representative via 

VHF radio on channel 16, to request 

authorization. If authorization to enter, 

transit through, anchor in, or remain 

within the safety zone is granted by the 

Captain of the Port Charleston or a 

designated representative, all persons 

and vessels receiving such authorization 

must comply with the instructions of 

the Captain of the Port Charleston or a 

designated representative. The Coast 

Guard will provide notice of the safety 

zone by Local Notice to Mariners, 

Broadcast Notice to Mariners, and onscene designated representatives. 

Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Executive Order 12866 and Executive 

Order 13563 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, as supplemented 

by Executive Order 13563, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. 

The economic impact of this rule is 

not significant for the following reasons: 

(1) The safety zone will be enforced for 

a total of just over 14 hours; (2) although 

persons and vessels will not be able to 

enter, transit through, anchor in, or 

remain within the regulated area 

without authorization from the Captain 

of the Port Charleston or a designated 

representative, they may operate in the 

surrounding area during the 

enforcement period; (3) persons and 

vessels may still enter, transit through, 

anchor in, or remain within the safety 

zone if authorized by the Captain of the 

Port Charleston or a designated 

representative; and (4) the Coast Guard 

will provide advance notification of the 

safety zone to the local maritime 

community by Local Notice to Mariners 

and Broadcast Notice to Mariners. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this rule would have a 

significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

The Coast Guard certifies under 5 

U.S.C. 605(b) that this rule will not have 

a significant economic impact on a 

substantial number of small entities. 

This rule may affect the following 

entities, some of which may be small 

entities: the owners or operators of 

vessels intending to enter, transit 

through, anchor in, or remain within 

that portion of the Waccamaw River 

encompassed within the safety zone 

from 11:59 a.m. until 7 p.m. on 

September 17, 2011 and September 18, 

2011. For the reasons discussed in the 

Executive Order 12866 and Executive 

Order 13563 section above, this rule 

will not have a significant economic 

impact on a substantial number of small 

entities. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we offer to assist small entities in 

understanding the rule so that they can 

better evaluate its effects on them and 

participate in the rulemaking process. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 

1–888–REG–FAIR (1–888–734–3247). 

The Coast Guard will not retaliate 

against small entities that question or 

complain about this rule or any policy 

or action of the Coast Guard. 

Collection of Information 

This rule calls for no new collection 

of information under the Paperwork 


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49668 Federal Register / Vol. 76, No. 155 / Thursday, August 11, 2011 / Rules and Regulations 

Reduction Act of 1995 (44 U.S.C. 3501– 

3520). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this rule under that Order and have 

determined that it does not have 

implications for federalism. 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 or more in any one year. 

Though this rule will not result in such 

an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

Taking of Private Property 

This rule will not effect a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, 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. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded this action is one of a 

category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction. This rule 

involves the establishment of a 

temporary safety zone that will be 

enforced for a total of just over 14 hours. 

An environmental analysis checklist 

and a categorical exclusion 

determination are available in the 

docket where indicated under 

ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add a temporary § 165.T07–0672 to 

read as follows: 

§ 165.T07–0672 Safety Zone; East Coast 

Drag Boat Bucksport Blowout Boat Race, 

Waccamaw River, Bucksport, SC. 

(a) Regulated Area. The following 

regulated area is safety zone. All waters 

of the Waccamaw River encompassed 

within an imaginary line connecting the 

following points: starting at Point 1 in 

position 33°39′11.46′′ N, 79°05′36.78′′ 

W; thence west to Point 2 in position 

33°39′12.18′′ N, 79°05′47.76′′ W; thence 

southeast to Point 3 in position 

33°38′39.48′′ N, 79°05′37.44′′ W; thence 

northeast to Point 4 in position 

33°38′42.3′′ N, 79°05′30.6′′ W; thence 

northwest back to origin. All 

coordinates are North American Datum 

1983. 

(b) Definition. The term ‘‘designated 

representative’’ means Coast Guard 

Patrol Commanders, including Coast 

Guard coxswains, petty officers, and 

other officers operating Coast Guard 

vessels, and Federal, state, and local 

officers designated by or assisting the 

Captain of the Port Charleston in the 

enforcement of the regulated area. 

(c) Regulations. (1) All persons and 

vessels are prohibited from entering, 

transiting through, anchoring in, or 

remaining within the regulated area 

unless authorized by the Captain of the 

Port Charleston or a designated 

representative. 

(2) Persons and vessels desiring to 

enter, transit through, anchor in, or 

remain within the regulated area may 

contact the Captain of the Port 

Charleston by telephone at 843–740– 

7050, or a designated representative via 

VHF radio on channel 16, to request 

authorization. If authorization to enter, 

transit through, anchor in, or remain 

within the regulated area is granted by 

the Captain of the Port Charleston or a 

designated representative, all persons 


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Federal Register / Vol. 76, No. 155 / Thursday, August 11, 2011 / Rules and Regulations 49669 

and vessels receiving such authorization 

must comply with the instructions of 

the Captain of the Port Charleston or a 

designated representative. 

(3) The Coast Guard will provide 

notice of the regulated area by Local 

Notice to Mariners, Broadcast Notice to 

Mariners, and on-scene designated 

representatives. 

(d) Effective Date and Enforcement 

Periods. This rule is effective from 

11:59 a.m. on September 17, 2011 

through 7 p.m. on September 18, 2011. 

This rule will be enforced daily from 

11:59 a.m. until 7 p.m. on September 17, 

2011 and September 18, 2011. 

Dated: August 1, 2011. 

M.F. White, 

Captain, U.S. Coast Guard, Captain of the 

Port Charleston. 

[FR Doc. 2011–20377 Filed 8–10–11; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 21 

RIN 2900–AO10 

Vocational Rehabilitation and 

Employment Program—Changes to 

Subsistence Allowance 

Correction 

In rule document 2011–19473 

appearing on pages 45697–45705 in the 

issue of August 1, 2011, make the 

following correction: 

In the table on page 45703, in the first 

row, under the column ‘‘Year dollar’’, 

‘‘2010’’ should read ‘‘2012’’. 

[FR Doc. C1–2011–19473 Filed 8–10–11; 8:45 am] 

BILLING CODE 1505–01–D 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 1, 2, 21, 35, 49, 52, 59, 

60, 61, 62, 63, 65, 82, 147, 282, 374, 707, 

and 763 

[FRL–9449–3] 

Change of Address for Region 1; 

Technical Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; technical 

amendment. 

SUMMARY: The Environmental Protection 

Agency (EPA) is amending its 

regulations to reflect a change in 

address for EPA’s Region 1 office. This 

action is editorial in nature and is 

intended to provide accuracy and clarity 

to the agency’s regulations. 

DATES: This final rule is effective August 

11, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Donald O. Cooke, Air Quality Planning 

Unit, U.S. Environmental Protection 

Agency, EPA Region 1, Office of 

Ecosystem Protection, Air Quality 

Planning Unit, 5 Post Office Square— 

Suite 100, (Mail code OEP05–2), Boston, 

MA 02109–3912, telephone number 

(617) 918–1668, fax number (617) 918– 

0668, e-mail cooke.donald@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

EPA is amending its regulations in 40 

CFR parts 1, 2, 21, 35, 49, 52, 59, 60, 61, 

62, 63, 65, 82, 147, 282, 374, 707, and 

763 to reflect a change in the address for 

EPA’s Region 1 office. This technical 

amendment merely updates and corrects 

the address for EPA’s Region 1 office. 

Consequently, EPA has determined that 

today’s rule falls under the ‘‘good 

cause’’ exemption in section 

553(b)(3)(B) of the Administrative 

Procedures Act (APA) which, upon 

finding ‘‘good cause,’’ authorizes 

agencies to dispense with public 

participation and section 553(d)(3) 

which allows an agency to make a rule 

effective immediately (thereby avoiding 

the 30-day delayed effective date 

otherwise provided for in the APA). 

Under section 553 of the APA, an 

agency may find good cause where 

procedures are ‘‘impractical, 

unnecessary, or contrary to the public 

interest.’’ Public comment is 

‘‘unnecessary’’ and ‘‘contrary to the 

public interest’’ since the address for 

Region 1 has changed and immediate 

notice in the CFR benefits the public by 

updating citations. 

II. Statutory and Executive Order 

Reviews 

This final rule implements technical 

amendments to 40 CFR parts 1, 2, 21, 

35, 49, 52, 59, 60, 61, 62, 63, 65, 82, 147, 

282, 374, 707, and 763 to reflect a 

change in the address for EPA’s Region 

1 office. It does not otherwise impose or 

amend any requirements. Consequently, 

under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. The 

rule would not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.). Because this 

action is merely editorial in nature, the 

Administrator certifies that it would not 

have a significant economic impact on 

a substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.). The rule does not 

contain any unfunded mandate or 

significantly or uniquely affect small 

governments, as described in the 

Unfunded Mandates Reform Act of 1995 

(Pub. L. 104–4). 

This action does not have Federalism 

implications because it would 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 (64 FR 43255, 

August 10, 1999). Additionally, it does 

not have Tribal implications because it 

would not have a substantial direct 

effect on one or more Indian Tribes, 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 by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

This rule also is not an economically 

significant regulatory action based on 

health or safety risks subject to 

Executive Order 13045 ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997), nor is it subject to 

Executive Order 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). It does not involve any 

technical standards that require the 

Agency’s consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act of 1995, 

Public Law 104–113, section 12(d) (15 

U.S.C. 272 note). Finally, it does not 

provide EPA with the discretionary 

authority to address, as appropriate, 

disproportionate human health or 

environmental effects, using practicable 

and legally permissible methods under 

Executive Order 12898 (59 FR 7629, 

February 16, 1994). 

III. Congressional Review Act 

The Congressional Review Act (CRA), 

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 of the 

CRA allows the issuing agency to make 

a rule effective sooner than otherwise 

provided by the CRA, if the agency 


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