47044 Federal Register / Vol. 79, No. 155 / Tuesday, August 12, 2014 / Proposed Rules 

This partial deletion pertains to all of 

OU4, OU5 and OU7. Operable Unit 2 

(OU2), Malta Gulch Tailing 

Impoundments and Lower Malta Gulch 

Fluvial Tailing; Operable Unit 8 (OU8), 

Lower California Gulch; Operable Unit 

9 (OU9), Residential Populated Areas; 

and Operable Unit 10 (OU10), Oregon 

Gulch, were previously partially deleted 

from the NPL. Operable Unit 1 (OU1), 

the Yak Tunnel; Operable Unit 3 (OU3), 

D&RGW Slag Piles and Easement; 

Operable Unit 6 (OU6), Stray Horse 

Gulch; Operable Unit 11 (OU11), 

Arkansas River Floodplain; and 

Operable Unit 12 (OU12), Site-wide 

Surface and Groundwater Quality, are 

not being considered for deletion as part 

of this action and will remain on the 

NPL. 

DATES: Comments must be received by 

September 11, 2014. 

ADDRESSES: Submit your comments, 

identified by Docket ID no. EPA–HQ– 

SFUND–1983–0002, by mail to Linda 

Kiefer, Remedial Project Manager, 

Environmental Protection Agency, 

Region 8, Mail Code 8EPR–SR, 1595 

Wynkoop Street, Denver, CO 80202– 

1129. Comments may also be submitted 

electronically or through hand delivery/ 

courier by following the detailed 

instructions in the ADDRESSES section of 

the direct final rule located in the rules 

section of this Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Linda Kiefer, Remedial Project Manager, 

Environmental Protection Agency, 

Region 8, Mail Code 8EPR–SR, 1595 

Wynkoop Street, Denver, CO 80202– 

1129, (303) 312–6689, email: 

kiefer.linda@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

‘‘Rules and Regulations’’ Section of 

today’s Federal Register, we are 

publishing a direct final Notice of 

Partial Deletion for all of OU4, OU5 and 

OU7 of the California Gulch Superfund 

Site without prior Notice of Intent for 

Partial Deletion because EPA views this 

as a noncontroversial revision and 

anticipates no adverse comment. We 

have explained our reasons for this 

partial deletion in the preamble to the 

direct final Notice of Partial Deletion, 

and those reasons are incorporated 

herein. If we receive no adverse 

comment(s) on this partial deletion 

action, we will not take further action 

on this Notice of Intent for Partial 

Deletion. If we receive adverse 

comment(s), we will withdraw the 

direct final Notice of Partial Deletion 

and it will not take effect. We will, as 

appropriate, address all public 

comments in a subsequent final Notice 

of Partial Deletion based on this Notice 

of Intent for Partial Deletion. We will 

not institute a second comment period 

on this Notice of Intent for Partial 

Deletion. Any parties interested in 

commenting must do so at this time. 

For additional information, see the 

direct final Notice of Partial Deletion 

which is located in the Rules section of 

this Federal Register. 

List of Subjects in 40 CFR Part 300 

Environmental protection, Reporting 

and recordkeeping requirements, 

Superfund. 

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 

9601–9657; E.O. 13626, 77 FR 56749, 3 CFR, 

2013 Comp., p.306; E.O. 12777, 56 FR 54757, 

3 CFR, 1991 Comp., p.351; E.O. 12580, 52 FR 

2923, 3 CFR, 1987 Comp., p.193. 

Dated: July 31, 2014. 

Shaun L. McGrath, 

Regional Administrator, Region 8. 

[FR Doc. 2014–18954 Filed 8–11–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

48 CFR Parts 1536 and 1537 

[EPA–HQ–OARM–2013–0370; FRL–9915– 

11–OARM] 

Acquisition Regulation; Update to 

Construction and Architect-Engineer 

and Key Personnel Requirements 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) proposes to amend the 

EPA Acquisition Regulation (EPAAR) to 

remove the evaluation of contracting 

performance and incorporate flexibility 

to identify the required number of days 

of key personnel commitment during 

the early stages of contractor 

performance under the Key Personnel 

clause. The proposed rule also provides 

for minor edits of an administrative 

nature. 

DATES: Comments must be received on 

or before September 11, 2014. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OARM–2013–0370, by one of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• Email: humphries.daniel@epa.gov 

• Mail: EPA–HQ–OARM–2013–0370, 

OEI Docket, Environmental Protection 

Agency, 2822T, 1200 Pennsylvania Ave. 

NW., Washington, DC 20460. Please 

include a total of three (3) copies. 

• Hand Delivery: EPA Docket CenterAttention OEI Docket, EPA West, Room 

B102, 1301 Constitution Ave. NW., 

Washington, DC 20004. 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–OARM–2013– 

0370. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ’’anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to 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 Office of Environmental Information 

(OEI) 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 


emcdonald on DSK67QTVN1PROD with PROPOSALS
Federal Register / Vol. 79, No. 155 / Tuesday, August 12, 2014 / Proposed Rules 47045 

for the Public Reading Room is (202) 

566–1744, and the telephone number for 

the EPA Docket Center is (202) 566– 

1752. This Docket Facility is open from 

8:30 a.m. to 4:30 p.m. Monday through 

Friday, excluding legal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Daniel Humphries, Policy, Training, and 

Oversight Division, Office of 

Acquisition Management (3802R), 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460; telephone number: (202) 

564–4377; email address: 

humphries.daniel@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

1. Submitting CBI. Do not submit this 

information to EPA through 

www.regulations.gov or email. Clearly 

mark the part or all of the information 

that you claim to be CBI. For CBI 

information in a disk or CD ROM that 

you mail to EPA, mark the outside of the 

disk or CD ROM as CBI, and then 

identify electronically within the disk or 

CD ROM the specific information that is 

claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR Part 2. 

2. Tips for Preparing Your Comments. 

When submitting comments, remember 

to: 

• Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

• Follow directions—The agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

• Explain why you agree or disagree, 

suggest alternatives, and substitute 

language for your requested changes. 

• Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

• If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

• Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

• Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

• Make sure to submit your 

comments by the comment period 

deadline identified. 

II. Background 

EPA is updating the EPAAR to 

remove section 1536.201 on the 

evaluation of contractor performance 

under construction contracts and the 

incorporation of flexibilities provided 

by a class deviation to the Key 

Personnel requirements under part 

1537. Upon review of the EPAAR, it was 

determined that the EPAAR requirement 

for the evaluation of construction 

contracts should be removed as it was 

superseded by FAR 42.1502. 

Additionally, under EPAAR 1552.237– 

72, EPA proposes to provide contracting 

officers with the flexibility to identify 

the required number of days of key 

personnel commitment during the early 

stages of contractor performance. The 

length of time will be based on the 

requirements of individual acquisitions 

when continued assignment is essential 

to the successful implementation of the 

program’s mission. Contracting officers 

may include a different number of days 

in excess of the ninety (90) days 

included in the clause, if approved at 

one level above the Contracting Officer. 

And finally, the proposed rule provides 

minor administrative edits in the 

EPAAR sections identified. 

III. Proposed Rule 

This proposed rule includes the 

following content changes: (1) Removes 

1536.201 Evaluation of contracting 

performance. (2) Provides 

administrative updates and adds Chief 

of the Contracting Office (CCO) to 

1536.209(c). (3) Under 1536.521, 

updates the term ‘‘small purchases’’ 

with ‘‘simplified acquisition threshold.’’ 

(4) Under 1537.110(b) the term 

‘‘contracting officer’s technical 

representative(s)’’ is replaced by 

‘‘Contracting Officer’s 

Representative(s).’’ (5) Amends 

1537.110(c) to incorporate the 

flexibilities provided by a class 

deviation to the Key Personnel 

requirements. (6) Remove ‘‘CFR 48’’ 

from 1537.110. 

IV. 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 (EO) 12866 (58 FR 

51735, October 4, 1993) and therefore, 

not subject to review under the EO. 

B. Paperwork Reduction Act 

This action does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq. No 

information is collected under this 

action. 

C. Regulatory Flexibility Act (RFA), as 

Amended by the Small Business 

Regulatory Enforcement Fairness Act of 

1996 (SBREFA), 5 U.S.C. 601 et seq. 

The Regulatory Flexibility Act 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements under the 

Administrative Procedure Act or any 

other statute; unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. Small entities 

include small businesses, small 

organizations, and small governmental 

jurisdictions. 

For purposes of assessing the impact 

of this rule on small entities, ‘‘small 

entity’’ is defined as: (1) A small 

business that meets the definition of a 

small business found in the Small 

Business Act and codified at 13 CFR 

121.201; (2) a small governmental 

jurisdiction that is a government of a 

city, county, town, school district or 

special district with a population of less 

than 50,000; and (3) a small 

organization that is any not-for-profit 

enterprise which is independently 

owned and operated and is not 

dominant in its field. 

After considering the economic 

impacts of this rule on small entities, I 

certify that this action will not have a 

significant economic impact on a 

substantial number of small entities. 

This action revises a current EPAAR 

provision and does not impose 

requirements involving capital 

investment, implementing procedures, 

or record keeping. This rule will not 

have a significant economic impact on 

small entities. 

D. Unfunded Mandates Reform Act 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA), Public 

Law 104–4, establishes requirements for 

Federal agencies to assess the effects of 

their regulatory actions on State, Local, 

and Tribal governments and the private 

sector. 

This rule contains no Federal 

mandates (under the regulatory 

provisions of the Title II of the UMRA) 

for State, Local, and Tribal governments 

or the private sector. The rule imposes 

no enforceable duty on any State, Local 

or Tribal governments or the private 

sector. Thus, the rule is not subject to 

the requirements of sections 202 and 

205 of the UMRA. 


emcdonald on DSK67QTVN1PROD with PROPOSALS
47046 Federal Register / Vol. 79, No. 155 / Tuesday, August 12, 2014 / Proposed Rules 

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 rule 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. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

Executive Order 13175, entitled 

‘‘Consultation and Coordination with 

Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000), requires EPA 

to develop an accountable process to 

ensure ‘‘meaningful and timely input by 

tribal officials in the development of 

regulatory policies that have tribal 

implications.’’ This rule does not have 

tribal implications as specified in 

Executive Order 13175. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

Executive Order 13045, entitled 

‘‘Protection of Children from 

Environmental Health and Safety Risks’’ 

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

to any rule that: (1) Is determined to be 

economically significant as defined 

under Executive Order 12886, and (2) 

concerns an environmental health or 

safety risk that may have a 

proportionate effect on children. This 

rule is not subject to Executive Order 

13045 because it is not an economically 

significant rule as defined by Executive 

Order 12866, and because it does not 

involve decisions on environmental 

health or safety risks. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This proposed rule is not subject to 

Executive Order 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution or Use’’ (66 FR 28335, May 

22, 2001), because it is not a significant 

regulatory action under Executive Order 

12866. 

I. National Technology Transfer and 

Advancement Act of 1995 (NTTAA) 

Section 12(d) (15 U.S.C. 272 note) of 

NTTA, Public Law 104–113, directs 

EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

materials specifications, test methods, 

sampling procedures and business 

practices) that are developed or adopted 

by voluntary consensus standards 

bodies. The NTTA directs EPA to 

provide Congress, through OMB, 

explanations when the Agency decides 

not to use available and applicable 

voluntary consensus standards. 

This proposed rulemaking does not 

involve technical standards. Therefore, 

EPA is not considering the use of any 

voluntary consensus standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 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 

proposed rule will not have 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations 

because it does not affect the level of 

protection provided to human health or 

the environment. This proposed 

rulemaking does not involve human 

health or environmental effects. 

List of Subjects in 48 CFR Parts 1536 

and 1537 

Environmental protection, 

Government procurement. 

Dated: August 5, 2014. 

John R. Bashista, 

Director, Office of Acquisition Management. 

Therefore, 48 CFR Chapter 15 is 

proposed to be amended as set forth 

below: 

PART 1536—CONSTRUCTION AND 

ARCHITECT-ENGINEER CONTRACTS 

■ 1. The authority citation for part 1536 

continues to read as follows: 

Authority: 5 U.S.C. 301; Sec. 205 (c), 63 

Stat. 390, as amended, 40 U.S.C. 486(c); and 

41 U.S.C. 418b. 

1536.201 [Removed] 

■ 2. Remove 536.201. 

1536.209 [Amended] 

■ 3. Amend 1536.209, paragraph (c), by 

removing the acronyms ‘‘CCO’’ and 

‘‘RAD’’ and adding, in their place, the 

words ‘‘Chief of the Contracting Office’’. 

■ 4. Revise 1536.521 to read as follows: 

1536.521 Specifications and drawings for 

construction. 

The Contracting Officer shall insert 

the clause at 1552.236–70, Samples and 

Certificates, in solicitations and 

contracts when a fixed price 

construction contract is expected to 

exceed the simplified acquisition 

threshold. The clause may be inserted in 

solicitations and contracts when the 

contract is expected to be within the 

simplified acquisition threshold. 

PART 1537—SERVICE CONTRACTING 

■ 5. The authority citation for part 1537 

continues to read as follows: 

Authority: Sec. 205 (c), 63 Stat. 390, as 

amended, 40 U.S.C. 486(c). 

■ 6. Amend 1537.110 by revising 

paragraphs (b) and (c) and, in paragraph 

(f), by removing the phrase ‘‘48 CFR’’ to 

read as follows: 

1537.110 Solicitation provisions and 

contract clauses. 

* * * * * 

(b) The Contracting Officer shall 

insert a clause substantially the same as 

the clause in 1552.237–71, Technical 

Direction, in solicitations and contracts 

where the Contracting Officer intends to 

delegate authority to issue technical 

direction to the Contracting Officer’s 

Representative(s). 

(c) The Contracting Officer shall insert 

the clause at 1552.237–72, Key 

Personnel, in solicitations and contracts 

when it is necessary for contract 

performance to identify Contractor key 

personnel. Contracting Officers have the 

flexibility to identify the required 

number of days of key personnel 

commitment during the early stages of 


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Federal Register / Vol. 79, No. 155 / Tuesday, August 12, 2014 / Proposed Rules 47047 

contractor performance. The length of 

time will be based on the requirements 

of individual acquisitions when 

continued assignment is essential to the 

successful implementation of the 

program’s mission. Therefore, 

Contracting Officers may use a clause 

substantially the same as in EPAAR 

1552.237–72, regarding substitution of 

key personnel. Contracting Officers may 

include a different number of days in 

excess of the ninety (90) days included 

in this clause, if approved at one level 

above the Contracting Officer. 

* * * * * 

[FR Doc. 2014–19028 Filed 8–11–14; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

49 CFR Parts 105, 107, and 171 

[Docket No. PHMSA–2012–0260 (HM–233E)] 

RIN 2137–AE99 

Hazardous Materials: Special Permit 

and Approvals Standard Operating 

Procedures and Evaluation Process 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: PHMSA is proposing to 

address certain matters identified in the 

Hazardous Materials Transportation 

Safety Act of 2012 related to the Office 

of Hazardous Materials Safety’s 

Approvals and Permits Division. 

Specifically, we propose to revise the 

regulations to include the standard 

operating procedures and criteria used 

to evaluate applications for special 

permits and approvals. These proposed 

amendments do not change previously 

established special permit and approval 

policies. This rulemaking also proposes 

to provide clarity regarding what 

conditions need to be satisfied to 

promote completeness of the 

applications submitted. An application 

that contains the required information 

reduces processing delays that result 

from rejection, and further facilitates the 

transportation of hazardous materials in 

commerce while maintaining an 

appropriate level of safety. 

DATES: Comments must be received by 

October 14, 2014. To the extent 

possible, PHMSA will consider latefiled comments as a final rule is 

developed. 

ADDRESSES: You may submit comments 

by identification of the docket number 

(PHMSA–2012–0260 (HM–233E)) by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

• Fax: 1–202–493–2251. 

• Mail: Docket Operations, U.S. 

Department of Transportation, West 

Building, Ground Floor, Room W12– 

140, Routing Symbol M–30, 1200 New 

Jersey Avenue, SE., Washington, DC 

20590. 

• Hand Delivery: To Docket 

Operations, Room W12–140 on the 

ground floor of the West Building, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. 

Instructions: All submissions must 

include the agency name and docket 

number for this notice at the beginning 

of the comment. All comments received 

will be posted without change to the 

Federal Docket Management System 

(FDMS), including any personal 

information. 

Docket: For access to the dockets to 

read background documents or 

comments received, go to http://

www.regulations.gov or DOT’s Docket 

Operations Office (see ADDRESSES). 

FOR FURTHER INFORMATION CONTACT: 

Donald Burger, Office of Hazardous 

Materials Safety, Approvals and Permits 

Division, (202) 366–4535 or Eileen 

Edmonson, Office of Hazardous 

Materials Safety, Standards and 

Rulemaking Division, (202) 366–8553, 

Pipeline and Hazardous Materials Safety 

Administration (PHMSA), 1200 New 

Jersey Avenue SE., Washington, DC 

20590. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Executive Summary 

II. Background 

A. MAP–21 

B. Standard Operating Procedures 

C. Fitness 

D. Public Meetings 

i. PHMSA’s Basis for Fitness Review 

ii. Data Accuracy 

iii. Streamline the Special Permit Review 

Process 

iv. Adjudication, Resolutions, and Denials 

v. Develop the Fitness Program Through 

the Rulemaking Process 

vi. Modal or Hazardous Material 

Regulatory Agencies and Other Country 

Competent Authorities 

E. Notice No. 12–5 

III. Special Permit and Approval Standard 

Operating Procedures 

A. Completeness Phase 

B. Federal Register Publication 

i. Special Permit 

ii. Emergency Special Permit 

iii. Approval 

C. Evaluation Phase 

i. Special Permit 

ii. Emergency Special Permit 

iii. Approval 

D. Disposition Phase 

i. Special Permit 

ii. Approval 

IV. Special Permit and Approval Application 

Evaluation Criteria 

V. Miscellaneous Proposals 

i. Clarifying the Definitions for Special 

Permits and Approvals 

ii. Clarifying That An Approval 

Application is Subject to the HMR When 

Submitted to Other Agencies 

VI. Summary Review of Proposed 

Amendments 

VII. Regulatory Analyses and Notices 

A. Statutory/Legal Authority for this 

Rulemaking 

B. Executive Order 12866, 13563, and DOT 

Regulatory Policies and Procedures 

C. Executive Order 13132 

D. Executive Order 13175 

E. Regulatory Flexibility Act, Executive 

Order 13272, and DOT Procedures and 

Policies 

F. Paperwork Reduction Act 

G. Regulation Identifier Number (RIN) 

H. Unfunded Mandates Reform Act 

I. Environmental Assessment 

J. Privacy Act 

K. Executive Order 13609 and International 

Trade Analysis 

VIII. List of Subjects 

I. Executive Summary 

On July 6, 2012, the President signed 

the Moving Ahead for Progress in the 

21st Century Act (MAP–21), which 

includes the Hazardous Materials 

Transportation Safety Improvement Act 

of 2012 (HMTSIA) as Title III of the 

statute. See Public Law 112–141, 126 

Stat. 405, July 6, 2012. Under § 33012 of 

HMTSIA, Congress directed the U.S. 

Department of Transportation 

(Department or DOT) to issue a 

rulemaking to provide: 

• Standard operating procedures 

(SOPs) to support the administration of 

the special permit and approval 

programs; and 

• Objective criteria to support the 

evaluation of special permit and 

approval applications. 

In this NPRM, we are proposing to 

provide the public with notice and an 

opportunity to comment on the 

procedures PHMSA currently uses to 

support the administration of its special 

permits and approvals programs with 

the intent of eventually adding these 

procedures to a new Appendix A to Part 

107, Subpart B of the 49 CFR. 

Incorporation of SOPs and objective 

criteria to support the evaluation of 

special permits and approvals 

accomplishes the mandate under 

§ 33012 of MAP–21. 


emcdonald on DSK67QTVN1PROD with PROPOSALS