37956 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Proposed Rules

addresses burden reduction. See 64 FR

32859, June 18, 1999.

The NODA contains ideas to reduce

the reporting and recordkeeping

paperwork burden throughout OSW’s

regulatory programs, including the LDR

program. Currently, the LDR paperwork

requirements account for nearly onethird of the burden for the RCRA

program. Substantial reduction has

already occurred, particularly as a result

of the May 12, 1997 LDR rule. Before

this rule, generators and treaters that

sent their hazardous waste off-site had

to send a notification with each

shipment of waste informing treaters

and disposers of the composition of the

waste stream. This rule changed these

requirements so that the notification

need only be sent with the initial waste

shipment, so long as the waste and the

receiving facility remained unchanged.

This paperwork change resulted in a

savings of 1,630,000 burden hours

annually.

The NODA describes a number of

other possible changes to reduce the

LDR burden. These changes include

eliminating 268.7(a)(1) Generator Waste

Determinations; eliminating 268.7(b)(6)

Recycler Notifications and

Certifications; eliminating 268.7(d)

Hazardous Debris Notifications;

eliminating 268.9(a) Characteristic

Waste Determinations; and streamlining

268.9(d) Notification Procedures. See

the NODA for further information on

these possible changes to reduce the

LDR paperwork burden.

The NODA was the first step in

developing a final regulation for

reducing reporting and recordkeeping

burden for the RCRA program. We plan

to issue a proposed rule this year to

follow-up on some of the items in the

NODA.

XIII. What Issues Are Not Addressed in

This ANPRM?

In addition to the nine main issues

described in this ANPRM, a number of

other issues were brought up by

participants at the 1998 LDR roundtable.

Due to our own prioritization and

resource constraints, we were not able

to investigate these issues in depth. We

are, however, interested in new

comments from you on any of these

issues.

1. Dilution prohibition: In the 1996

Phase III LDR rule (61 FR 15566, April

8, 1996), we promulgated a list of

inorganic wastes that are not allowed to

be treated by combustion because of the

low presence of organics in these

wastes. We may need to investigate

which inorganic wastes are currently

combusted, and determine whether to

expand the list, if it is currently too

restrictive. Also, we may need to

investigate current information available

to EPA on the issue of wastes that go

into fuel blending and the issue of waste

code carry-through.

2. Generator Knowledge: We could

investigate whether there is too much or

too little reliance on generator

knowledge to determine which

underlying hazardous constituents in

characteristic wastes need to be treated.

3. Plain Language: We could simplify

the LDRs by rewriting them in plain

language.

4. Refractory Bricks: We could

evaluate whether refractory bricks from

incinerators should still be subject to

treatment standards based on listed

waste codes.

5. Generator Guidance: We could

clarify through guidance how generators

can more easily determine when LDRs

apply and which treatment standards

are applicable.

XIV. Administrative Requirements

A. Regulatory Flexibility

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

APA 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. This

ANPRM will not have a significant

impact on a substantial number of small

entities because it does not create any

new requirements. Therefore, EPA

provides the following certification

under the Regulatory Flexibility Act, as

amended by the Small Business

Regulatory Enforcement Fairness Act:

Pursuant to the provision at 5 U.S.C.

605(b), I certify that this action will not

have a significant economic impact on

a substantial number of small entities.

However, there is the potential for

future actions related to this ANPRM to

have a significant economic impact on

a substantial number of small entities.

Therefore, the Agency will examine

whether the Regulatory Flexibility Act

applies in the preparation of any future

rulemakings related to this ANPRM.

B. Executive Order 13045

Protection of Children from

Environmental Health Risks and Safety

Risks (62 FR 19885, April 23, 1997),

applies to any rule that: (1) Is

determined to be ‘‘economically

significant’’ as defined under E.O.

12866; and (2) concerns an

environmental health or safety risk that

EPA has reason to believe may have a

disproportionate effect on children. If

the regulatory action meets both criteria,

the Agency must evaluate the

environmental health or safety effects of

the planned rule on children, and

explain why the planned regulation is

preferable to other potentially effective

and reasonably feasible alternatives

considered by the Agency.

This ANPRM is not subject to E.O.

13045 because it is does not, at this

point, involve decisions intended to

mitigate environmental health or safety

risks. Of course, as the information in

response to this ANPRM is evaluated,

we will continue to examine whether

E.O. 13045 applies.

List of Subjects in 40 CFR Part 268

Hazardous waste, Reporting and

recordkeeping requirements.

Dated: June 12, 2000.

Carol M. Browner,

Administrator.

[FR Doc. 00–15392 Filed 6–16–00; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety

Administration

49 CFR Parts 350, 390, 394, 395 and

398

[Docket No. FMCSA–97–2350; formerly

FHWA–97–2350 and MC–96–28]

RIN 2126–AA23

Hours of Service of Drivers; Driver

Rest and Sleep for Safe Operations

AGENCY: Federal Motor Carrier Safety

Administration (FMCSA), DOT.

ACTION: Notice of proposed rulemaking

(NPRM); extension of comment period.

SUMMARY: The FMCSA is extending this

rulemaking’s comment period until

October 30, 2000. This is in response to

numerous petitions received by the

FMCSA from motor carriers, drivers and

trucking associations, and several

members of Congress requesting an

extension of the comment period

closing date. The petitioners based their

requests on the time required to review

the vast body of research, assess the

impact of the proposed rules, and

provide meaningful comments.

The FMCSA is also placing in the

docket the pre-publication final report

on ‘‘Effects of Sleep Schedules on

Commercial Motor Vehicle Driver

Performance,’’ prepared by the Division

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Proposed Rules 37957

of Neuropsychiatry, Walter Reed Army

Institute of Research.

DATES: Comments to the NPRM should

be received no later than October 30,

2000. Late comments will be considered

to the extent practicable.

ADDRESSES: Signed, written comments

should refer to the docket number that

appears at the top of this document and

must be submitted to the Docket Clerk,

U.S. DOT Dockets, Room PL–401, 400

Seventh Street, SW., Washington, DC

20590–0001. All comments received

will be available for examination at the

above address between 9 a.m. and 5

p.m., e.t., Monday through Friday,

except Federal holidays. Those desiring

notification of receipt of comments must

include a self-addressed, stamped

envelope or postcard.

FOR FURTHER INFORMATION CONTACT: For

information on the proposed rule: Mr.

David Miller or Ms. Deborah Freund,

Federal Motor Carrier Safety

Administration, (202) 366–1790, and

Mr. Charles Medalen, Office of the Chief

Counsel, Federal Highway

Administration, (202) 366–1354. For

information about submitting comments

and data electronically: DMS Web staff

at: Mail. Dockets@tasc.dot.gov,

Department of Transportation, 400

Seventh Street, SW.,Washington, DC

20590–0001.

SUPPLEMENTARY INFORMATION: On May 2,

2000 (65 FR 25540), the FMCSA

published an NPRM proposing to revise

its hours-of-service (HOS) regulations to

require motor carriers to provide drivers

with better opportunities to obtain

sleep, and thereby reduce the risk of

drivers operating commercial motor

vehicles (CMV) while drowsy, tired, or

fatigued to reduce crashes involving

these drivers. The FMCSA explained

that this action is necessary because we

estimate that 755 fatalities and 19,705

injuries occur each year on the nation’s

roads because of drowsy, tired, or

fatigued CMV drivers. The proposed

regulations would:

1. Revert to a 24-hour daily cycle, and

a 7-day weekly cycle.

2. Adjust the work-rest requirements

for various types of operations.

3. Emphasize rest. Require, for longhaul and regional drivers, a period of 10

consecutive hours off duty within each

24-hour cycle, and two hours of

additional time off in each 14-hour work

period within each 24-hour cycle.

4. Require weekends, or their

functional equivalent, to include at a

minimum a rest period that includes

two consecutive periods from 11 p.m. to

7 a.m.

5. Require the use of electronic onboard recorders in CMVs used by

drivers in long-haul and regional

operations.

The FMCSA has received petitions

from the American Trucking

Associations, Commercial Vehicle

Safety Alliance, Distribution and LTL

Carriers Association, National Private

Truck Council and numerous motor

carriers, drivers, other industry

associations, and members of Congress

requesting that the comment period to

be extended. The petitioners voiced

concerns that the lengthy proposed rule

was extremely complex and that 90 days

was insufficient time to review the

research, assess the impact of the

proposed rules on CMV operations, and

provide meaningful comments. We

agree that more time for in-depth

analysis of the NPRM, including the

numerous studies involving fatigue,

driver physiology, crash data, and

operating characteristics of the various

CMV operations, by the affected parties,

would be beneficial to the FMCSA in

this rulemaking. For the reasons above,

the FMCSA finds good cause to extend

this NPRM comment period closing date

for 90 days.

The FMCSA is also placing in the

docket the pre-publication final report

on ‘‘Effects of Sleep Schedules on

Commercial Motor Vehicle Driver

Performance,’’ prepared by the Division

of Neuropsychiatry, Walter Reed Army

Institute of Research.

Authority: 49 U.S.C. 322 and 49 CFR 1.73.

Issued on: June 12, 2000.

Clyde J. Hart, Jr.

Acting Deputy Administrator.

[FR Doc. 00–15416 Filed 6–16–00; 8:45 am]

BILLING CODE 4910–22–P