35766 Federal Register / Vol. 78, No. 115 / Friday, June 14, 2013 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R04–RCRA–2012–0173; FRL–9823–1] 

North Carolina: Final Authorization of 

State Hazardous Waste Management 

Program Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Immediate Final Rule. 

SUMMARY: North Carolina has applied to 

EPA for final authorization of changes to 

its hazardous waste program under the 

Resource Conservation and Recovery 

Act (RCRA). EPA has determined that 

these changes satisfy all requirements 

needed to qualify for final authorization, 

and is authorizing the State’s changes 

through this immediate final rule. In the 

‘‘Proposed Rules’’ section of today’s 

Federal Register, EPA is also publishing 

a separate notice that serves as the 

proposal to authorize these changes. 

EPA believes this action is not 

controversial and does not expect 

comments that oppose it. Unless EPA 

receives written comments that oppose 

this authorization during the comment 

period, the decision to authorize North 

Carolina’s changes to its hazardous 

waste program will take effect. If EPA 

receives comments that oppose this 

action, EPA will publish a notice in the 

Federal Register withdrawing today’s 

immediate final rule before it takes 

effect, and the separate notice published 

in today’s ‘‘Proposed Rules’’ section of 

this Federal Register will serve as the 

proposal to authorize the changes. 

DATES: This final authorization will 

become effective on August 13, 2013 

unless EPA receives adverse written 

comment by July 15, 2013. If EPA 

receives such comment, EPA will 

publish a timely withdrawal of this 

immediate final rule in the Federal 

Register and inform the public that this 

authorization will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

RCRA–2012–0173, by one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov: Follow the on-line 

instructions for submitting comments. 

• Email: gleaton.gwen@epa.gov. 

• Fax: (404) 562–9964 (prior to faxing, 

please notify the EPA contact listed below). 

• Mail: Send written comments to 

Gwendolyn Gleaton, Permits and State 

Programs Section, RCRA Programs and 

Materials Management Branch, RCRA 

Division, U.S. Environmental Protection 

Agency, Atlanta Federal Center, 61 Forsyth 

Street SW., Atlanta, Georgia 30303–8960. 

• Hand Delivery or Courier: Deliver your 

comments to Gwendolyn Gleaton, Permits 

and State Programs Section, RCRA Programs 

and Materials Management Branch, RCRA 

Division, U.S. Environmental Protection 

Agency, Atlanta Federal Center, 61 Forsyth 

Street SW., Atlanta, Georgia 30303–8960. 

Instructions: EPA must receive your 

comments by July 15, 2013. Please refer 

to Docket Number EPA–R04–RCRA– 

2012–0173. Do not submit information 

that you consider to be confidential 

business information 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 publicly 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. 

You may view and copy North 

Carolina’s application and associated 

publicly available materials from 8:00 

a.m. to 4:00 p.m. at the following 

locations: EPA, Region 4, RCRA 

Division, Atlanta Federal Center, 61 

Forsyth Street SW., Atlanta, Georgia 

30303–8960; telephone number: (404) 

562–8500; and the North Carolina 

Department of Environment and Natural 

Resources, 217 West Jones Street, 

Raleigh, North Carolina 27603; 

telephone number: (929) 707–8219. 

Interested persons wanting to examine 

these documents should make an 

appointment with the office at least a 

week in advance. 

FOR FURTHER INFORMATION CONTACT: 

Gwendolyn Gleaton, Permits and State 

Programs Section, RCRA Programs and 

Materials Management Branch, RCRA 

Division, U.S. Environmental Protection 

Agency, Atlanta Federal Center, 61 

Forsyth Street SW., Atlanta, Georgia 

30303–8960; telephone number: (404) 

562–8500; fax number: (404) 562–9964; 

email address: gleaton.gwen@epa.gov. 

SUPPLEMENTARY INFORMATION: 

A. Why are revisions to State programs 

necessary? 

States which have received final 

authorization from EPA under RCRA 

section 3006(b), 42 U.S.C. 6926(b), must 

maintain a hazardous waste program 

that is equivalent to, consistent with, 

and no less stringent than the Federal 

program. As the Federal program 

changes, States must change their 

programs and ask EPA to authorize the 

changes. Changes to State programs may 

be necessary when Federal or State 

statutory or regulatory authority is 

modified or when certain other changes 

occur. Most commonly, States must 

change their programs because of 

changes to EPA’s regulations in 40 Code 

of Federal Regulations (CFR) parts 124, 

260 through 268, 270, 273, and 279. 

New Federal requirements and 

prohibitions imposed by Federal 

regulations that EPA promulgates 

pursuant to the Hazardous and Solid 

Waste Amendments of 1984 (HSWA) 

take effect in authorized States at the 

same time that they take effect in 

unauthorized States. Thus, EPA will 

implement those requirements and 

prohibitions in North Carolina, 

including the issuance of new permits 

implementing those requirements, until 

the State is granted authorization to do 

so. 

B. What decisions has EPA made in this 

rule? 

On June 8, 2009, North Carolina 

submitted a final complete program 

revision application, seeking 

authorization of changes to its 

hazardous waste program that 

correspond to certain Federal rules 

promulgated between July 1, 2004, and 

June 30, 2008 (also known as RCRA 

Clusters XV through XVIII). EPA 

concludes that North Carolina’s 

application to revise its authorized 

program meets all of the statutory and 

regulatory requirements established by 

RCRA, as set forth in RCRA section 

3006(b), 42 U.S.C. 6926(b), and 40 CFR 

Part 271. Therefore, EPA grants North 

Carolina final authorization to operate 

its hazardous waste program with the 

changes described in the authorization 

application, and as outlined below in 

Section G of this notice. 

North Carolina has responsibility for 

permitting treatment, storage, and 

disposal facilities within its borders 

(except in Indian Country) and for 

carrying out the aspects of the RCRA 

program described in its revised 

program application, subject to the 

limitations of HSWA, as discussed 

above. 

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Federal Register / Vol. 78, No. 115 / Friday, June 14, 2013 / Rules and Regulations 35767 

C. What is the effect of this 

authorization decision? 

The effect of this decision is that the 

changes described in North Carolina’s 

authorization application will become 

part of the authorized State hazardous 

waste program, and will therefore be 

federally enforceable. North Carolina 

will continue to have primary 

enforcement authority and 

responsibility for its State hazardous 

waste program. EPA retains its 

authorities under RCRA sections 3007, 

3008, 3013, and 7003, including its 

authority to: 

• Conduct inspections, and require 

monitoring, tests, analyses or reports; 

• Enforce RCRA requirements, 

including authorized State program 

requirements, and suspend or revoke 

permits; and 

• Take enforcement actions regardless 

of whether the State has taken its own 

actions. 

This action does not impose 

additional requirements on the 

regulated community because the State 

regulations for which North Carolina is 

being authorized by today’s action are 

already effective and enforceable 

requirements under State law, and are 

not changed by today’s action. 

D. Why wasn’t there a Proposed Rule 

before today’s rule? 

Along with this immediate final rule, 

EPA is publishing a separate notice in 

the ‘‘Proposed Rules’’ section of today’s 

Federal Register that serves as the 

proposal to authorize these State 

program changes. EPA did not publish 

a proposed rule before today because 

EPA views this as a routine program 

change and does not expect comments 

that oppose this approval. EPA is 

providing an opportunity for public 

comment now, as described in Section 

E of this notice. 

E. What happens if EPA receives 

comments that oppose this action? 

If EPA receives comments that oppose 

this authorization, EPA will withdraw 

today’s immediate final rule by 

publishing a document in the Federal 

Register before the rule becomes 

effective. EPA will base any further 

decision on the authorization of the 

State program changes on the proposed 

rule mentioned in the previous section, 

after considering all comments received 

during the comment period, and will 

address all such comments in a later 

final rule. You may not have another 

opportunity to comment on these State 

program changes. If you want to 

comment on this authorization, you 

must do so at this time. 

If EPA receives comments that oppose 

only the authorization of a particular 

change to the State hazardous waste 

program, EPA will withdraw that part of 

today’s immediate final rule but the 

authorization of the program changes 

that the comments do not oppose will 

become effective on the date specified 

above. The Federal Register withdrawal 

document will specify which part of the 

authorization will become effective, and 

which part is being withdrawn. 

F. What has North Carolina previously 

been authorized for? 

North Carolina initially received final 

authorization on December 14, 1984, 

effective December 31, 1984 (49 FR 

48694), to implement a hazardous waste 

management program. EPA granted 

authorization for changes to North 

Carolina’s program on the following 

dates: March 25, 1986, effective April 8, 

1986 (51 FR 10211); August 5, 1988, 

effective October 4, 1988 (53 FR 1988); 

February 9, 1989, effective April 10, 

1989 (54 FR 6290); September 22, 1989, 

effective November 21, 1989 (54 FR 

38993); January 18, 1991, effective 

March 19, 1991 (56 FR 1929); April 10, 

1991, effective June 9, 1991 (56 FR 

14474); July 19, 1991, effective 

September 17, 1991 (56 FR 33206); 

April 27, 1992, effective June 26, 1992 

(57 FR 15254); December 12, 1992, 

effective February 16, 1993 (57 FR 

59825); January 27, 1994, effective 

March 28, 1994 (59 FR 3792); April 4, 

1994, effective June 3, 1994 (59 FR 

15633); June 23, 1994, effective August 

22, 1994 (59 FR 32378); November 10, 

1994, effective January 9, 1995 (59 FR 

56000); September 27, 1995, effective 

November 27, 1995 (60 FR 49800); April 

25, 1996, effective June 24, 1996 (61 FR 

18284); October 23, 1998, effective 

December 22, 1998 (63 FR 56834); 

August 25, 1999, effective October 25, 

1999 (64 FR 46298); February 28, 2002, 

effective April 29, 2002 (67 FR 9219); 

December 14, 2004, effective February 

14, 2005 (69 FR 74444); March 23, 2005, 

effective May 23, 2005 (70 FR 14556); 

and February 7, 2011, effective April 8, 

2011 (76 FR 6561). 

G. What changes is EPA authorizing 

with this action? 

On June 8, 2009, North Carolina 

submitted a final complete program 

revision application, seeking 

authorization of its changes in 

accordance with 40 CFR 271.21. EPA 

now makes an immediate final decision, 

subject to receipt of written comments 

that oppose this action, that North 

Carolina’s hazardous waste program 

revisions are equivalent to, consistent 

with, and no less stringent than the 

Federal program, and therefore satisfy 

all of the requirements necessary to 

qualify for final authorization. 

Therefore, EPA grants North Carolina 

final authorization for the following 

program changes: 

Description of Federal requirement Federal Register date and page Analogous state authority 1

208—Methods Innovation Rule and SW– 

846 Final Update IIIB & Correction.

70 FR 34538 06/14/05 

70 FR 44150 08/01/05 .................

15A NCAC 13A .0101(e); 15A NCAC 13A .0103(c); 15A NCAC 

13A .0106(a) and (c)–(f); 15A NCAC 13A .0109(k), (o), (v)– 

(w) and (aa); 15A NCAC 13A .0110(j), (n), (s)–(u); 15A 

NCAC 13A .0111(d) and (g); 15A NCAC 13A .0112(c) and 

(e); 15A NCAC 13A .0113(b) and (i); and 15A NCAC 13A 

.0118(b) and (e)–(g). 

209—Universal Waste Rule: Specific Provisions for Mercury Containing Equipment.70 FR 45508 08/05/05 ................. 15A NCAC 13A .0102(b); 15A NCAC 13A .0106(a); 15A NCAC 

13A .0109(b); 15A NCAC 13A .0110(a); 15A NCAC 13A 

.0112(a); 15A NCAC 13A .0113(a); and 15A NCAC 13A 

.0119(a)–(c). 

211—Revision of Wastewater Treatment 

Exemptions for Hazardous Waste Mixtures (‘‘Headworks Exemptions’’).

70 FR 57769 10/04/05 ................. 15A NCAC 13A .0106(a). 

212—NESHAP: Final Standards for Hazardous Waste Combusters.70 FR 59402 10/12/05 ................. 15A NCAC 13A .0101(e); 15A NCAC 13A .0109(q); 15A NCAC 

13A .0110(o); 15A NCAC 13A .0111(d); and 15A NCAC 13A 

.0113(a)–(b), (f)–(g), (i) and (k). 

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35768 Federal Register / Vol. 78, No. 115 / Friday, June 14, 2013 / Rules and Regulations 

Description of Federal requirement Federal Register date and page Analogous state authority 1

213—Burden Reduction Initiative ............... 71 FR 16862 04/04/06 ................. 15A NCAC 13A .0102(b); 15A NCAC 13A .0103(c); 15A NCAC 

13A .0106(a); 15A NCAC 13A .0109(c), (e)–(k), (m)–(o), (q), 

(s)–(t), (w) and (y); 15A NCAC 13A .0110(b), (d)–(n), (r), (t) 

and (v); 15A NCAC 13A .0111(d); 15A NCAC 13A .0112(a); 

and 15A NCAC 13A .0113(b) and (g). 

214—Hazardous Waste and Used Oil; 

Corrections to Errors in the Code of 

Federal Regulations.

71 FR 40254 07/14/06 ................. 15A NCAC 13A .0102(b); 15A NCAC 13A .0103(c); 15A NCAC 

13A .0106(a) and (c)–(f); 15A NCAC 13A .0107(c), (e) and 

(g)–(h); 15A NCAC 13A .0109(b)–(c), (g)–(o), (q), (s)–(y) and 

(aa); 15A NCAC 13A .0110(a)–(b), (d), (f)–(n), (q)–(v) and 

(x); 15A NCAC 13A .0111(b)–(d) and (f)–(g); 15A NCAC 13A 

.0112(a) and (c)–(e); 15A NCAC 13A .0113(a)–(b), (f)–(g) 

and (j); 15A NCAC 13A .0118(a)–(b) and (e)–(h); and 15A 

NCAC 13A .0119(a)–(c). 

216—Exclusion of Oil Bearing Secondary 

Materials Processed in a Gasification 

System to Produce Synthesis Gas.

73 FR 57 01/02/08 ....................... 15A NCAC 13A .0102(b) and 15A NCAC 13A .0106(a). 

217—NESHAP: Final Standards for Hazardous Waste Combustors (Phase I 

Final Replacement Standards and 

Phase II) Amendments.

73 FR 18970 04/08/08 ................. 15A NCAC 13A .0109(q) and 15A NCAC 13A .0111(d). 

218—F019 Exemption for Wastewater 

Treatment Sludges from Auto Manufacturing Zinc Phosphating Processes.

73 FR 31756 06/04/08 ................. 15A NCAC 13A .0106(d). 

1The North Carolina provisions are from the North Carolina Hazardous Waste Management Rules, 15A NCAC 13A, effective as of August 1, 

2008. 

H. Where are the revised state rules 

different from the Federal rules? 

There are no State requirements in 

this program revision considered to be 

more stringent or broader in scope than 

the Federal requirements. 

I. Who handles permits after the 

authorization takes effect? 

North Carolina will issue permits for 

all the provisions for which it is 

authorized and will administer the 

permits it issues. EPA will continue to 

administer any RCRA hazardous waste 

permits or portions of permits which 

EPA issued prior to the effective date of 

this authorization until they expire or 

are terminated. EPA will not issue any 

more permits or new portions of permits 

for the provisions listed in the Table 

above after the effective date of this 

authorization. EPA will continue to 

implement and issue permits for HSWA 

requirements for which North Carolina 

is not authorized. 

J. How does today’s action affect Indian 

country (18 U.S.C. 1151) in North 

Carolina? 

North Carolina is not authorized to 

carry out its hazardous waste program 

in Indian Country within the State, 

which includes the Eastern Band of 

Cherokee Indians. EPA will continue to 

implement and administer the RCRA 

program in these lands. 

K. What is codification and is EPA 

codifying North Carolina’s hazardous 

waste program as authorized in this 

rule? 

Codification is the process of placing 

the State’s statutes and regulations that 

comprise the State’s authorized 

hazardous waste program into the Code 

of Federal Regulations. EPA does this by 

referencing the authorized State rules in 

40 CFR part 272. EPA is not codifying 

the authorization of North Carolina’s 

changes at this time. However, EPA 

reserves the amendment of 40 CFR part 

272, subpart II, for the authorization of 

North Carolina’s program changes at a 

later date. 

L. Administrative Requirements 

The Office of Management and Budget 

has exempted this action from the 

requirements of Executive Order 12866 

(58 FR 51735, October 4, 1993), and 

therefore this action is not subject to 

review by OMB. This action authorizes 

State requirements for the purpose of 

RCRA 3006 and imposes no additional 

requirements beyond those imposed by 

State law. Accordingly, I certify that this 

action will 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.). Because this action authorizes 

pre-existing requirements under State 

law and does not impose any additional 

enforceable duty beyond that required 

by State law, it 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). For 

the same reason, this action also does 

not significantly or uniquely affect the 

communities of Tribal governments, as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). This 

action 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 (64 

FR 43255, August 10, 1999), because it 

merely authorizes State requirements as 

part of the State RCRA hazardous waste 

program without altering the 

relationship or the distribution of power 

and responsibilities established by 

RCRA. This action also is not subject to 

Executive Order 13045 (62 FR 19885, 

April 23, 1997), because it is not 

economically significant and it does not 

make decisions based on environmental 

health or safety risks. This rule is not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

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

22, 2001) because it is not a significant 

regulatory action under Executive Order 

12866. 

Under RCRA 3006(b), EPA grants a 

State’s application for authorization as 

long as the State meets the criteria 

required by RCRA. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a State 

authorization application, to require the 

use of any particular voluntary 

consensus standard in place of another 

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Federal Register / Vol. 78, No. 115 / Friday, June 14, 2013 / Rules and Regulations 35769 

standard that otherwise satisfies the 

requirements of RCRA. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. As required by 

section 3 of Executive Order 12988 (61 

FR 4729, February 7, 1996), in issuing 

this rule, EPA has taken the necessary 

steps to eliminate drafting errors and 

ambiguity, minimize potential litigation, 

and provide a clear legal standard for 

affected conduct. EPA has complied 

with Executive Order 12630 (53 FR 

8859, March 15, 1988) by examining the 

takings implications of the rule in 

accordance with the ‘‘Attorney 

General’s Supplemental Guidelines for 

the Evaluation of Risk and Avoidance of 

Unanticipated Takings’’ issued under 

the executive order. This rule does not 

impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995, 44 

U.S.C. 3501 et seq. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this document 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 in the Federal Register. A 

major rule cannot take effect until 60 

days after it is published in the Federal 

Register. This action is not a ‘‘major 

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

action will be effective August 13, 2013, 

unless objections to this authorization 

are received. 

List of Subjects in 40 CFR Part 271 

Environmental protection, 

Administrative practice and procedure, 

Confidential business information, 

Hazardous waste, Hazardous waste 

transportation, Indian lands, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements. 

Authority: This action is issued under the 

authority of sections 2002(a), 3006, and 

7004(b) of the Solid Waste Disposal Act, as 

amended, 42 U.S.C. 6912(a), 6926, and 

6974(b). 

Dated: May 16, 2013. 

Gwendolyn Keyes Fleming, 

Regional Administrator, Region 4. 

[FR Doc. 2013–13850 Filed 6–13–13; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

46 CFR Part 221 

[Docket No. MARAD–2013–0021] 

RIN 2133–AB81 

Retrospective Review Under E.O. 

13563: Regulated Transactions 

Involving Documented Vessels and 

Other Maritime Interests 

AGENCY: Maritime Administration, 

Department of Transportation. 

ACTION: Final rule. 

SUMMARY: In accordance with Executive 

Order 13563, ‘‘Improving Regulation 

and Regulatory Review,’’ the Maritime 

Administration (MarAd) is evaluating 

the continued accuracy of its rules and 

determining whether they effectively 

address current issues and provide the 

regulated public with necessary 

guidance. As part of this review, MarAd 

has decided to issue this final rule to 

correct numerous citations in 

accordance with the codification of Title 

46 of the United States Code, update 

relevant agency contacts, update 

citations, and revise portions of the text. 

This rulemaking will have no 

substantive effect on the regulated 

public. 

DATES: This rule is effective July 15, 

2013. 

FOR FURTHER INFORMATION CONTACT: You 

may contact T. Mitchell Hudson, Jr., 

Attorney-Advisor, Office of Chief 

Counsel, at (202) 366–9373. You may 

send mail to Mr. Hudson at Office of 

Chief Counsel, MAR–222, Maritime 

Administration, 1200 New Jersey 

Avenue SE., Washington, DC 20590– 

0001. You may send electronic mail to 

Mitch.Hudson@dot.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On January 18, 2011, President 

Obama issued Executive Order 13563, 

which outlined a plan to improve 

regulation and regulatory review (76 FR 

3821, 1/21/11). Executive Order 13563 

reaffirms and builds upon governing 

principles of contemporary regulatory 

review, including Executive Order 

12866, ‘‘Regulatory Planning and 

Review,’’ (58 FR 51735, 10/4/1993), by 

requiring Federal agencies to design 

cost-effective, evidence-based 

regulations that are compatible with 

economic growth, job creation, and 

competitiveness. The President’s plan 

recognizes that these principles should 

not only guide the Federal government’s 

approach to new regulations, but to 

existing ones as well. To that end, 

Executive Order 13563 requires agencies 

to promote retrospective analysis of 

rules that may be outmoded, ineffective, 

insufficient, or excessively burdensome. 

Accordingly, the Maritime 

Administration identified its regulations 

governing transactions involving 

documented vessels and other maritime 

interests for improvement consistent 

with the President’s Order. The 

regulations were deemed to provide outof-date information and citations. By 

updating agency regulations, this 

rulemaking will make the regulatory 

program more effective and less 

burdensome on the public. 

As authorized by Subtitle III of 46 

U.S.C. Chapters 301 and 313, and 

Subtitle V of 46 U.S.C. Chapter 561, and 

delegated under 49 CFR 1.93, MarAd 

may approve transactions involving the 

transfer of interest in or control of 

Documented Vessels owned by Citizens 

of the United States to Noncitizens or 

approve a Documented Vessel to 

registry or operation under the authority 

of a foreign country or for scrapping in 

a foreign country. In addition, under 

Part 221, MarAd may assess civil 

penalties arising under commercial 

instruments and maritime liens in time 

of war or national emergency. Part 221 

is now being updated to include 

technical changes such as MarAd’s 

address at 1200 New Jersey Avenue and 

to include corrections to statutory 

references, some of which were made 

obsolete as the result of the codification 

of the Appendix to Title 46 of the 

United States Code. 

Rulemaking Analysis and Notices 

Executive Orders 12866 (Regulatory 

Planning and Review), 13563 

(Improving Regulation and Regulatory 

Review) and DOT Regulatory Policies 

and Procedures 

Under E.O. 12866 (58 FR 51735, 

October 4, 1993), supplemented by E.O. 

13563 (76 FR 3821, January 18, 2011) 

and DOT policies and procedures, 

MarAd must determine whether a 

regulatory action is ‘‘significant,’’ and 

therefore subject to Office of 

Management and Budget (‘‘OMB’’) 

review and the requirements of the E.O. 

The Order defines ‘‘significant 

regulatory action’’ as one likely to result 

in a rule that may: (1) Have an annual 

effect on the economy of $100 million 

or more or adversely affect in a material 

way the economy, a sector of the 

economy, productivity, competition, 

jobs, the environment, public health or 

safety, or State, local, or tribal 

government or communities; (2) Create 

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