29706 Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Rules and Regulations 

of actions from review under Executive 

Order 12866, entitled ‘‘Regulatory 

Planning and Review’’ (58 FR 51735, 

October 4, 1993). Because this action 

has been exempted from review under 

Executive Order 12866, this action is 

not subject to Executive Order 13211, 

entitled ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355, May 22, 2001) or Executive 

Order 13045, entitled ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997), nor is it considered a 

regulatory action under Executive Order 

13771, entitled ‘‘Reducing Regulations 

and Controlling Regulatory Costs’’ (82 

FR 9339, February 3, 2017). This action 

does not contain any information 

collections subject to OMB approval 

under the Paperwork Reduction Act 

(PRA) (44 U.S.C. 3501 et seq.), nor does 

it require any special considerations 

under Executive Order 12898, entitled 

‘‘Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low-Income 

Populations’’ (59 FR 7629, February 16, 

1994). 

Since tolerances and exemptions that 

are established on the basis of a petition 

under FFDCA section 408(d), such as 

the tolerance in this final rule, do not 

require the issuance of a proposed rule, 

the requirements of the Regulatory 

Flexibility Act (RFA) (5 U.S.C. 601 et 

seq.), do not apply. 

This action directly regulates growers, 

food processors, food handlers, and food 

retailers, not States or tribes, nor does 

this action alter the relationships or 

distribution of power and 

responsibilities established by Congress 

in the preemption provisions of FFDCA 

section 408(n)(4). As such, the Agency 

has determined that this action will not 

have a substantial direct effect on States 

or tribal governments, on the 

relationship between the national 

government and the States or tribal 

governments, or on the distribution of 

power and responsibilities among the 

various levels of government or between 

the Federal Government and Indian 

tribes. Thus, the Agency has determined 

that Executive Order 13132, entitled 

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

1999) and Executive Order 13175, 

entitled ‘‘Consultation and Coordination 

with Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000) do not apply 

to this action. In addition, this action 

does not impose any enforceable duty or 

contain any unfunded mandate as 

described under Title II of the Unfunded 

Mandates Reform Act (UMRA) (2 U.S.C. 

1501 et seq.). 

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act 

(NTTAA) (15 U.S.C. 272 note). 

VII. Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. 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 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: June 8, 2018. 

Michael Goodis, 

Director, Registration Division, Office of 

Pesticide Programs. 

Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. In § 180.535, add alphabetically the 

entries ‘‘Teff, forage’’; ‘‘Teff, grain’’; 

‘‘Teff, hay’’; and ‘‘Teff, straw’’ to the 

table in paragraph (a) to read as follows: 

§ 180.535 Fluroxypyr 1-methylheptyl ester; 

tolerances for residues. 

(a) * * * 

Commodity Parts per 

million 

* * * * * 

Teff, forage ................................. 12 

Teff, grain ................................... 0.50 

Teff, hay ...................................... 20 

Teff, straw ................................... 12 

* * * * * 

* * * * * 

[FR Doc. 2018–13724 Filed 6–25–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 228 

[EPA–R10–OW–2018–0284; FRL–9979–31— 

Region 10] 

Ocean Dumping; Withdrawal of 

Designated Disposal Site; Grays 

Harbor, Washington 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to withdraw from EPA regulation 

and management one designated ocean 

dredged material disposal site, the Grays 

Harbor Eight Mile Site, located near the 

mouth of Grays Harbor, Washington. 

This action is pursuant to the Marine 

Protection, Research, and Sanctuaries 

Act, as amended. The disposal site was 

designated by the EPA for a specific 

one-time use in 1990. The Grays Harbor 

Eight Mile Site fulfilled its intended 

purpose in 1990 as a single-use disposal 

site, and monitoring indicates that there 

will be no unacceptable adverse impacts 

to the marine environment once the 

EPA relinquishes management of the 

site. Five other open-water dredged 

material disposal sites remain in close 

proximity to the mouth of Grays Harbor. 

These sites remain available for use for 

the disposal of suitable dredged material 

and are not affected by this withdrawal. 

DATES: This rule is effective on 

September 24, 2018 without further 

notice, unless the EPA receives adverse 

comment by July 26, 2018. If the EPA 

receives adverse comment, the Agency 

will publish a timely withdrawal in the 

Federal Register informing the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. [EPA–R10– 

OW–2018–0284; FRL–9979–31—Region 

10], at http://www.regulations.gov. 

Follow the online instructions for 

submitting comments. Once submitted, 

comments cannot be edited or removed 

from Regulations.gov. The EPA may 

publish any comment received to its 

public docket. Do not submit 

electronically any information you 

consider to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Multimedia submissions (audio, video, 

etc.) must be accompanied by a written 

comment. The written comment is 

considered the official comment and 

should include discussion of all points 

you wish to make. The EPA will 

generally not consider comments or 

comment contents located outside of the 


sradovich on DSK3GMQ082PROD with RULES
Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Rules and Regulations 29707 

primary submission (i.e. on the web, 

cloud, or other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets . 

Docket: All documents in the docket 

are listed in the http://

www.regulations.gov/ index. Although 

listed in the index, some information 

may not be publicly available, e.g., 

confidential business information (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 http://

www.regulations.gov/ or in hard copy at 

the EPA Region 10 Library, 1200 Sixth 

Avenue, Seattle, Washington 98101. The 

EPA Region 10 Library is open from 

9:00 a.m. to noon, and 1:00 to 4:00 p.m. 

Monday through Friday, excluding 

federal holidays. The EPA Region 10 

Library telephone number is (206) 553– 

1289. 

FOR FURTHER INFORMATION CONTACT: 

Bridgette Lohrman, Office of 

Environmental Review and Assessment, 

U.S. Environmental Protection Agency, 

Region 10, Oregon Operations Office, 

805 SW Broadway, Suite 500, Portland, 

OR 97205; (503) 326–4006, 

lohrman.bridgette@epa.gov. 

SUPPLEMENTARY INFORMATION: 

1. Why is the EPA using a direct final 

rule? 

The EPA is publishing this rule 

without a prior proposed rule because 

we view this as a noncontroversial 

action and anticipate no adverse 

comment. In 1990, the EPA designated 

the Grays Harbor Eight Mile Site for the 

single purpose of serving as an ocean 

dredged material disposal site (ODMDS) 

for dredged material from the deepening 

of the Grays Harbor Federal Navigation 

Channel by the United States Army 

Corps of Engineers, Seattle District 

(USACE). The disposal site served this 

purpose in 1990, and the EPA is now 

taking the administrative action of 

withdrawing the site from regulation 

and relinquishing future management of 

the site. The site has not been used for 

disposal of dredged material since 1990 

because such an action would require 

the EPA to re-designate the disposal site 

for a changed purpose. The EPA has not 

received any requests from the dredging 

community to use this site since 1990. 

Five other open-water dredged material 

disposal/placement sites remain in close 

proximity to the mouth of Grays Harbor. 

These five sites remain available for use, 

and are not affected by this withdrawal. 

The ability of the USACE, the Port of 

Grays Harbor, and other interested 

parties to find suitable dredged material 

disposal options will not be changed by 

this action. Post-disposal monitoring at 

the Grays Harbor Eight Mile Site shows 

that the site does not have now and will 

not have unacceptable adverse effects 

on the marine environment into the 

future. 

2. Does this action apply to me? 

In 1990, the EPA designated the Grays 

Harbor Eight Mile Site to be used for a 

single purpose, to receive dredged 

material from the deepening of the 

Grays Harbor Federal Navigation 

Channel in 1990. The site has served its 

intended purpose and has not been 

available for use since 1990. If an 

interested party wanted to use the Grays 

Harbor Eight Mile Site for the ocean 

disposal of dredged material, the EPA 

would need to administratively 

withdraw the site, designate the site 

with the new purpose, and provide for 

public comment. Thus, the current 

action to remove this ODMDS from EPA 

regulation and management does not 

affect any person seeking an open-water 

location to dispose of suitable dredged 

material. In addition, post-disposal 

monitoring at the Grays Harbor Eight 

Mile Site, conducted by the EPA and the 

USACE, demonstrates that the 

monitoring requirements set forth in the 

Site Management and Monitoring Plan 

(SMMP) of 1990 have been met, and that 

the EPA relinquishing management of 

the site will not cause an unacceptable 

adverse impact to the marine 

environment. For any questions 

regarding the applicability of this action 

to a particular person or entity, please 

refer to the contact person listed in the 

preceding FOR FURTHER INFORMATION

CONTACT section. 

3. Background 

a. History of Disposal Sites Near Grays 

Harbor, Washington 

EPA Region 10 designated both the 

Grays Harbor Eight Mile Site and the 

Southwest Navigation, or 3.9-Mile Site, 

on July 5, 1990, for the disposal of 

dredged material removed during the 

deepening of the Grays Harbor Federal 

Navigation Channel by the USACE in 

Grays Harbor, Washington. While the 

Southwest Navigation Site was 

designated for indefinite use, the Grays 

Harbor Eight Mile Site was designated 

for the single purpose of 

accommodating materials from the 

Federal navigation channel project, 

which was expected to occur over a 

two-to-three-year period beginning in 

1990. The USACE disposed of 2.8 

million cubic yards of dredged material 

at the Grays Harbor Eight Mile Site in 

1990, and the site has not been used for 

the ocean disposal of dredged material 

since that time. 

The Grays Harbor Eight Mile Site is 

approximately 7.1 nautical miles (8 

statute miles) offshore and west/ 

northwest of the entrance to Grays 

Harbor (Figure 1). The Site is circular, 

with a radius of 0.40 nautical miles on 

a central coordinate of 46°57′ N and 

124°20.06′ W. The site covers an area of 

approximately 0.5 square nautical miles. 

Water depths at the Grays Harbor Eight 

Mile Site range from 140 to 160 feet. 

The disposal site is characterized as 

being located on offshore relict gravel 

deposits, which contain no significant 

benthic fish or invertebrate 

communities. 


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29708 Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Rules and Regulations 

In the final rule (55 FR 27634, July 5, 

1990) designating the Grays Harbor 

Eight Mile Site, the EPA stated: ‘‘EPA 

intends to de-designate the site after 

dumping at the site has been completed 

and monitoring indicates that the 

material has stabilized.’’ This action 

stated that de-designation would occur 

within the five years following 

completion of disposal and monitoring 

activities. The USACE conducted two 

post-disposal surveys of the ODMDS in 

1991 and 1992 in accordance with the 

SMMP of 1990. The results of those two 

surveys did not satisfy all requirements 

of the SMMP. Additionally, the 

chemical analysis of the sediments at 

the disposal site at that time provided 

conclusive data documenting the 

presence of dioxins/furans and other 

contaminants at the Grays Harbor Eight 

Mile Site. Dioxin concentrations at the 

disposal site ranged from 0.49 to 1.88 

[parts per trillion (pptr) dry weight TEQ 

(toxicity equivalent)]. These 

concentrations were not considered a 

risk to the marine environment at that 

time, and as a point of comparison, are 

well below the current marine screening 

level of 4 pptr dry weight TEQ, used for 

screening the suitability of open-water 

disposal of dredged material in Puget 

Sound today. The remote sensing data 

were inconclusive about the disposal 

mound height and areal extent. These 

two parameters were identified in the 

Grays Harbor Eight Mile Site 

designation documents and SMMP as 

indicators of stabilization. The EPA 

determined that additional data were 

warranted to assess whether the 

disposed material from the Grays Harbor 

Navigation Channel Deepening Project 

had stabilized. 

b. Recent Events 

The EPA conducted a survey of the 

Grays Harbor Eight Mile Site on July 19, 

2016 to assess the physical attributes of 

the site in preparation for formal 

withdrawal of the disposal site from 

EPA regulation and management. The 

main objective of the survey was to 

conduct a high-resolution multi-beam 

echo sounder survey to assess the 

bathymetry and surficial geology within 

and around the disposal site. The survey 

focused on characterizing sediments in 

and around the Grays Harbor Eight Mile 

Site to determine whether dredged 

material had spread beyond the site 

boundaries or created a mound that 

could impact navigation. The survey 

area was rectangular, containing the 

ODMDS and a 500-foot buffer area. 

The 2016 survey revealed a disposal 

mound, ranging 1 to 7 feet above 

ambient seafloor elevations, within the 

ODMDS. This mound confirmed that 

dredged material was disposed within 

the ODMDS boundaries in 1990. The 

survey also revealed the appearance of 

dredged material slightly outside the 

northeast portion of the ODMDS. This is 

likely the result of movement of 

sediment by near-bottom currents on the 

seafloor after disposal was completed. 

The Grays Harbor Eight Mile SMMP 

predicted a mound on the seafloor of 10 

to 15 feet from the disposal. Since the 

observed mound was only 1 to 7 feet 

high, it is likely that the seafloor 

currents have suspended the disposed 

material and redeposited it, either off 

the center of the mound or beyond the 

boundaries of the ODMDS, over time. 

This redistribution of disposed material 

from the original mound has not caused 

mounding of significance beyond the 

disposal site boundaries, based on the 

bathymetric survey results. 

The seafloor substrate within the 

Grays Harbor Eight Mile Site is a mix of 

unconsolidated to consolidated 

sediments, likely ranging from mud and 

silts to coarse sand. The 2016 

bathymetric survey indicated that the 

disposal mound within the ODMDS 

consists of softer, probably fine-grained 

sediments. At the peak of this mound, 

the sediments appear to be coarser, 

which may be an indication of seafloor 

scour or fine-grained material not 

settling on the seafloor but rather 

staying re-suspended in the water 

column. The grain size within the 


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Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Rules and Regulations 29709 

ODMDS is different from ambient grain 

sizes surrounding the disposal site. This 

is likely the result of disposal activities, 

and is limited to a small, discrete area 

within the site. Thus, any potential 

lasting effects on benthic infauna, or the 

epibenthic organisms which feed on 

these infauna, are negligible. 

c. This Action 

This action is an administrative 

procedure to formally remove the Grays 

Harbor Eight Mile Site from regulation 

(40 CFR 228) and EPA management. The 

EPA will continue to manage the Grays 

Harbor Southwest Navigation Site, 

located 3.9 nautical miles from the 

mouth of Grays Harbor. The Grays 

Harbor Eight Mile Site that will be 

removed from regulation and EPA 

management is a circle with radius 0.40 

statute miles, centered at: 46°57′ N, 

124°20.06′ W, based upon the North 

American Datum of 1927. 

4. Environmental Statutory Review— 

National Environmental Policy Act 

(NEPA); Magnuson-Stevens Act (MSA); 

Marine Mammal Protection Act 

(MMPA); Coastal Zone Management 

Act (CZMA); Endangered Species Act 

(ESA); National Historic Preservation 

Act (NHPA) 

a. NEPA 

Section 102 of the National 

Environmental Policy Act of 1969, as 

amended (NEPA), 42 U.S.C. 4321 to 

4370f, requires Federal agencies to 

prepare an Environmental Impact 

Statement for major federal actions 

significantly affecting the quality of the 

human environment. NEPA does not 

apply to this action because the courts 

have exempted the EPA’s actions under 

the MPRSA from the procedural 

requirements of NEPA through the 

functional equivalence doctrine. The 

EPA has, by policy, determined that 

where the preparation of NEPA 

documents for certain EPA regulatory 

actions, including action under the 

MPRSA, is appropriate, the EPA will 

prepare an environmental review 

document. The EPA’s ‘‘Notice of Policy 

and Procedures for Voluntary 

Preparation of NEPA Documents’’ (63 

FR 58045, October 29, 1998), sets out 

both the policy and procedures the EPA 

uses when preparing such 

environmental review documents. The 

EPA has determined that no 

environmental review document is 

necessary for withdrawal of the Grays 

Harbor Eight Mile Site. 

b. MSA and MMPA 

The EPA has found no evidence that 

the disposal of dredged material has 

affected the physical, chemical, or 

biological attributes of the Site which 

would impact Essential Fish Habitat 

(EFH) under Section 305(b) of the 

Magnuson-Stevens Act, as amended 

(MSA), 16 U.S.C. 1855(b)(2), nor affect 

marine mammals protected under the 

Marine Mammal Protection Act of 1972, 

as amended (MMPA), 16 U.S.C. 1361 to 

1389. 

c. CZMA 

The Coastal Zone Management Act, as 

amended (CZMA), 16 U.S.C. 1451 to 

1465, requires Federal agencies to 

determine whether their actions will be 

consistent to the maximum extent 

practicable with the enforceable policies 

of approved state programs. The EPA’s 

withdrawal of the Grays Harbor Eight 

Mile Site from regulation will have no 

effect on the State of Washington’s 

coastal zone because the disposal site is 

approximately four nautical miles 

seaward of the State’s territorial sea and 

the EPA found no evidence that the 

disposal of dredged material has 

impacted the biological community, 

navigation safety, or ocean use inside or 

outside the disposal site. 

d. ESA 

The Endangered Species Act, as 

amended (ESA), 16 U.S.C. 1531 to 1544, 

requires Federal agencies to consult 

with the National Marine Fisheries 

Service and the U.S. Fish and Wildlife 

Service to ensure that any action 

authorized, funded, or carried out by the 

Federal agency is not likely to 

jeopardize the continued existence of 

any endangered or threatened species or 

result in the destruction or adverse 

modification of any critical habitat. The 

withdrawal from regulation of the Grays 

Harbor Eight Mile Site will have no 

effect on listed or threatened species or 

on any critical habitat. The postdisposal monitoring conducted by EPA 

and the USACE indicates that the site 

will have no physical, chemical, or 

biological impacts to benthic marine 

species. 

e. NHPA 

The National Historic Preservation 

Act, as amended (NHPA), 16 U.S.C. 470 

to 470a-2, requires Federal agencies to 

take into account the effect of their 

actions on districts, sites, buildings, 

structures, or objects, included in, or 

eligible for inclusion in the National 

Register. This site withdrawal will not 

affect any historic properties. The 

withdrawal of the Grays Harbor Eight 

Mile Site from EPA regulation means 

that management of the site by the EPA 

will be relinquished. 

5. Statutory and Executive Order 

Reviews 

This rule withdraws one designated 

ocean dredged material disposal site 

pursuant to Section 102 of the MPRSA 

and 40 CFR 228.11. This action 

complies with applicable executive 

orders and statutory provisions as 

follows: 

a. Executive Orders 12866 and 13563 

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 

Paperwork Reduction Act (PRA). The 

EPA does not reasonably anticipate 

collection of information from ten or 

more people based on the lack of use of 

the site since 1990. Consequently, the 

direct final action is not subject to the 

PRA. 

c. Regulatory Flexibility 

This action will not have a significant 

economic impact on a substantial 

number of small entities under the 

Regulatory Flexibility Act (RFA). This 

action will not impose any requirements 

on small entities. The RFA, as amended 

by the Small Business Regulatory 

Enforcement Fairness Act (SBREFA), 5 

U.S.C. 601 et seq., generally requires 

Federal agencies 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 defined 

by the Small Business Administration’s 

size regulations at 13 CFR part 121; (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. The EPA has 

determined that this action will not 

have a significant economic impact on 

small entities because the rule will only 

have the effect of withdrawing one site 


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29710 Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Rules and Regulations 

that had fulfilled its stated purpose 

when EPA designated the site in 1990. 

d. Unfunded Mandates Reform Act 

This action does not contain any 

unfunded mandate as described in the 

Unfunded Mandates Reform Act 

(UMRA), 2 U.S.C. 1531–1538, and does 

not significantly affect small 

governments. The action imposes no 

new enforceable duty on any state, local 

or tribal governments or the private 

sector. 

e. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It does 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 various levels of 

government. 

f. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications as specified in Executive 

Order 13175, because the withdrawal 

from EPA regulation of the Grays Harbor 

Eight Mile Site will not have a direct 

effect on 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. Thus, 

Executive Order 13175 does not apply 

to this action. Although Executive Order 

13175 does not apply to this action, the 

EPA consulted with tribal officials in 

the development of this action, 

particularly as it relates to potential 

impacts to tribal trust resources and 

tribal operations within the Quinault 

Indian Nation’s Usual and Accustomed 

Area. The Quinault Indian Nation 

responded to EPA’s request for Tribal 

Consultation on April 5, 2018, stating 

this action does not require governmentto-government consultation. 

g. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

This action is not subject to Executive 

Order 13045 because it is not 

economically significant as defined in 

Executive Order 12866, and because the 

EPA does not believe the environmental 

health or safety risks addressed by this 

action present a disproportionate risk to 

children. This action’s health and risk 

assessments are contained in Section 3. 

Background, a. History of Disposal Sites 

near Grays Harbor, Washington. 

h. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211, because it is not a 

significant regulatory action under 

Executive Order 12866. 

i. National Technology Transfer and 

Advancement Act 

This rulemaking does not involve 

technical standards. 

j. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and Low 

Income Populations 

The EPA believes that this action does 

not have disproportionately high and 

adverse human health or environmental 

effects on minority populations, lowincome populations and/or indigenous 

peoples, as specified in Executive Order 

12898 (59 FR 7629, February 16, 1994). 

The documentation for this decision is 

contained in Section 5. Statutory and 

Executive Order Reviews, f. Executive 

Order 13175: Consultation and 

Coordination with Indian Tribal 

Governments. 

k. Congressional Review Act 

This action is subject to the 

Congressional Review Act (CRA), and 

the EPA will submit a rule report to 

each House of the Congress and to the 

Comptroller General of the United 

States. This action is not a ‘‘major rule’’ 

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

List of Subjects in 40 CFR Part 228 

Environmental protection, Water 

pollution control. 

Authority: This action is issued under the 

authority of Section 102 of the Marine 

Protection, Research and Sanctuaries Act, as 

amended, 33 U.S.C. 1401, 1411, 1412. 

Dated: May 24, 2018. 

Chris Hladick, 

Regional Administrator, Region 10. 

For the reasons set out in the 

preamble, the EPA amends title 40, 

chapter I, subchapter H of the Code of 

Federal Regulations as follows: 

PART 228—CRITERIA FOR THE 

MANAGEMENT OF DISPOSAL SITES 

FOR OCEAN DUMPING 

■ 1. The authority citation for part 228 

continues to read as follows: 

Authority: 33 U.S.C. 1412 and 1418. 

§ 228.15 [Amended] 

■ 2. Section 228.15 is amended by 

removing and reserving paragraph 

(n)(10). 

[FR Doc. 2018–13715 Filed 6–25–18; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 2 and 90 

[PS Docket No. 13–87; PS Docket No. 06– 

229, WT Docket No. 96–86, RM–11433 and 

RM–11577, FCC 16–111] 

Service Rules Governing Narrowband 

Operations in the 769–775/799–805 

MHz Bands 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; announcement of 

effective date. 

SUMMARY: In this document, the Federal 

Communications Commission 

(Commission) announces that the Office 

of Management and Budget (OMB) has 

approved, for a period of three years, the 

information collection associated with 

the Commission’s Service Rules 

Governing Narrowband Operations in 

the 769–775/799–805 MHz Bands Order 

on Reconsideration (Order). This 

document is consistent with the Order, 

which stated that the Commission 

would publish a document in the 

Federal Register announcing the 

effective date of those rules. 

DATES: The amendments to 47 CFR 

2.1033(c)(20) and 90.548(c) published at 

81 FR 66830, September 29, 2016, are 

effective July 26, 2018. 

FOR FURTHER INFORMATION CONTACT: John 

Evanoff, Policy and Licensing Division, 

Public Safety and Homeland Bureau, at 

(202) 418–0848, or email: john.evanoff@

fcc.gov. For additional information 

concerning the information collection 

requirements contained in this 

document, send an email to PRA@

fcc.gov or contact Nicole Ongele, Office 

of Managing Director, Performance 

Evaluation and Records Management, 

202–418–2991, or by email to PRA@

fcc.gov. 

SUPPLEMENTARY INFORMATION: This 

document announces that, on March 13, 

2017, OMB approved, for a period of 

three years, the information collection 

requirements relating to the 700 MHz 

interoperability testing rules contained 

in the Commission’s Report and Order, 

FCC 16–111, published at 81 FR 66830, 

Sept. 29, 2016. The OMB Control 

Number is 3060–0057. The Commission 

publishes this document as an 


sradovich on DSK3GMQ082PROD with RULES