Federal Register / Vol. 79, No. 114 / Friday, June 13, 2014 / Rules and Regulations 33867 

this rule under that Order and have 

determined that it is consistent with the 

fundamental federalism principles and 

preemption requirements described in 

E.O. 13132. Our analysis is explained 

below. 

As noted earlier in the preamble, this 

rule implements section 711 of Public 

Law 111–281 for PWS. With respect to 

federalism, section 711(c) of Public Law 

111–281 provides that nothing in the 

Act or any other provision of Federal 

law related to the regulation of maritime 

transportation of oil should be 

construed or interpreted as preempting 

the authority of the State, or a political 

subdivision thereof, from requiring 

escort vessels to accompany tankers 

transporting oil in bulk in PWS. This 

rule does not have any federalism 

implications as it has no effect on the 

laws or regulations of the State of 

Alaska. The rule has no preemptive 

effect because the rule implements the 

Congressional mandate. Furthermore, 

this statute preserves the authority of 

the State of Alaska to promulgate 

additional requirements in PWS beyond 

that required by this rule. Therefore, 

this rule is consistent with the 

fundamental federalism principles and 

preemption requirements described in 

E.O. 13132. 

F. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

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

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

G. Taking of Private Property 

This rule will not cause a taking of 

private property or otherwise have 

taking implications under E.O. 12630, 

Governmental Actions and Interference 

with Constitutionally Protected Property 

Rights. 

H. Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of E.O. 

12988, Civil Justice Reform, to minimize 

litigation, eliminate ambiguity, and 

reduce burden. 

I. Protection of Children 

We have analyzed this rule under E.O. 

13045, Protection of Children from 

Environmental Health Risks and Safety 

Risks. This rule is not an economically 

significant rule and does not create an 

environmental risk to health or risk to 

safety that may disproportionately affect 

children. 

J. Indian Tribal Governments 

This rule does not have tribal 

implications under E.O. 13175, 

Consultation and Coordination with 

Indian Tribal Governments, because it 

does not have a substantial direct effect 

on one or more Indian tribes, on the 

relationship between the Federal 

Government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

K. Energy Effects 

We have analyzed this rule under E.O. 

13211, Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under E.O. 12866 and is not likely to 

have a significant adverse effect on the 

supply, distribution, or use of energy. 

L. Technical Standards 

The National Technology Transfer 

and Advancement Act (15 U.S.C. 272 

note) directs agencies to use voluntary 

consensus standards in their regulatory 

activities unless the agency provides 

Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

M. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321–4370f), and have concluded 

that this action is one of a category of 

actions that do not individually or 

cumulatively have a significant effect on 

the human environment. This rule is 

categorically excluded under section 

6(b) of the ‘‘Appendix to National 

Environmental Policy Act: Coast Guard 

Procedures for Categorical Exclusions, 

Notice of Final Agency Policy,’’ (67 FR 

48244, July 23, 2002). This rule involves 

Congressionally-mandated regulations 

designed to protect the environment, 

specifically, regulations implementing 

the requirements of the Act. An 

environmental analysis checklist and a 

categorical exclusion determination are 

available in the docket where indicated 

under ADDRESSES. 

List of Subjects in 33 CFR Part 168 

Cargo vessels, Navigation (water), Oil 

pollution, Water pollution control. 

For the reasons discussed in the 

preamble, the interim rule amending 33 

CFR part 168 that was published at 78 

FR 50335 on August 19, 2013, is 

adopted as a final rule without change. 

Dated: June 9, 2014. 

J. G. Lantz, 

Director of Commercial Regulations and 

Standards, U.S. Coast Guard. 

[FR Doc. 2014–13809 Filed 6–12–14; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 761 

[EPA–HQ–RCRA–2013–0396; FRL–9912–25– 

OSWER] 

RIN 2050–AG79 

Polychlorinated Biphenyls (PCBs): 

Manufacturing (Import) Exemption for 

the Defense Logistics Agency (DLA) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Withdrawal of Direct final rule 

and Notice of Informal Hearing. 

SUMMARY: On April 2, 2014, the U.S. 

Environmental Protection Agency (EPA 

or the agency) took direct final action on 

a petition submitted by the U.S. Defense 

Logistics Agency (DLA) to allow DLA to 

import foreign-manufactured 

polychlorinated biphenyls (PCBs) from 

Japan effective on July 1, 2014, unless 

EPA received adverse written comments 

or a request to hold an informal hearing. 

Because EPA received an adverse 

comment, as well as a request for an 

informal hearing, we are withdrawing 

the direct final rule titled, 

‘‘Polychlorinated Biphenyls (PCBs): 

Manufacturing (Import) Exemption for 

the Defense Logistics Agency (DLA).’’ 

This notice also announces the time and 

location of that hearing. 

DATES: Effective June 13, 2014, EPA 

withdraws the direct final rule 

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33868 Federal Register / Vol. 79, No. 114 / Friday, June 13, 2014 / Rules and Regulations 

published at 79 FR 18471 on April 2, 

2014. The informal hearing will take 

place on Tuesday, July 8, 2014, from 9 

a.m. to 1 p.m. All those wishing to 

provide oral comments at the hearing 

must send a written request to EPA. 

Requests must be received on or before 

July 1, 2014. 

ADDRESSES: The hearing will be held at 

the EPA building at 2777 South Crystal 

Drive, Arlington, Virginia 22202. The 

hearing will be on the 4th floor in 

conference room North 4850/70. 

Requests to Participate: A request to 

provide oral comments at the informal 

hearing must be received by the Hearing 

Clerk on or before July 1, 2014 by one 

of the following methods: 

• Email: Requests may be sent by 

electronic mail to noggle.william@

epa.gov. 

• Fax: Requests may be faxed to (703) 

308–0514, Attention: William Noggle; 

Docket ID No. EPA–HQ–RCRA–2013– 

0396. 

• Mail: Requests may be sent to 

William Noggle, U.S. EPA, 1200 

Pennsylvania Avenue NW., Washington, 

DC 20460, Mail Code 5304P, Attention: 

Docket ID No. EPA–HQ–RCRA–2013– 

0396. Note that mail sent to EPA is 

subject to significant delays due to 

security screening, so please plan for 

additional delivery time. 

• Hand Delivery: Requests may be 

hand delivered to William Noggle, U.S. 

EPA, Office of Resource Conservation 

and Recovery, Two Potomac Yard, 2733 

South Crystal Drive, 5th Floor, N5612, 

Arlington, VA 22202. Such deliveries 

are only accepted during the business 

hours from 9 a.m. to 5 p.m., Monday 

through Friday, excluding legal 

holidays. Please call William Noggle at 

703–347–8769 prior to delivery. 

Instructions: Please see http://

www.epa.gov/epawaste/hazard/tsd/

pcbs/dlapcb.htm for the type of 

information that must be included in 

the request to provide oral comments at 

the informal hearing, who may 

participate, as well as the procedures 

that EPA will follow in conducting the 

informal hearing. Please note that oral 

comments will be heard from those 

persons who have requested to 

participate in the hearing. Members of 

the public can attend without prior 

notification to the Hearing Clerk, but 

they will not be part of the hearing 

schedule to give presentations and/o or 

oral comments. However, attendees not 

on the hearing schedule may be 

permitted to speak if time allows. Also 

note that the advance participation 

requests will assist in planning for the 

hearing. Additionally, the time for 

individual presentations may be 

limited, depending on the number of 

requests received. 

Individuals requiring special 

accommodation at this hearing, 

including wheelchair access or hearing 

impaired accommodations, should 

contact the Hearing Clerk by email, 

noggle.william@epa.gov, or telephone, 

(703) 347–8769, at least five (5) business 

days prior to the hearing so that 

appropriate arrangements can be made. 

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., 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 

www.regulations.gov or in hard copy at 

the RCRA Docket, EPA/DC, WJC 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 for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the RCRA Docket is (202) 

566–0270. 

FOR FURTHER INFORMATION CONTACT: 

William Noggle, U.S. Environmental 

Protection Agency, 1200 Pennsylvania 

Avenue NW., Washington, DC 20460, 

Mail Code 5304P; at (703) 347–8769 or 

noggle.william@epa.gov. 

SUPPLEMENTARY INFORMATION: On April 

23, 2013, EPA received a petition from 

the U.S. Defense Logistics Agency 

(DLA), a component of the United States 

Department of Defense (DoD), to import 

foreign-manufactured PCBs that DoD 

currently owns in Japan for disposal in 

the United States. In response to that 

petition, on April 2, 2014, EPA issued 

a direct final rule (79 FR 18471) and 

parallel proposed rule (79 FR 18497), to 

grant the request and provided a 30-day 

public comment period. During the 

comment period, EPA received an 

adverse comment as well as a request to 

hold an informal hearing. 

Withdrawal of Direct Final Rule: 

Because EPA received adverse 

comment, as well as a request to hold 

an informal hearing, we are 

withdrawing the direct final rule. We 

stated in the direct final rule that if we 

received adverse comment on the 

proposed rule by May 2, 2014, the direct 

final rule would not take effect and we 

would publish a timely withdrawal in 

the Federal Register. We subsequently 

received adverse comment on that direct 

final rule, which will be considered as 

part of the parallel proposed rule. 

Notice of Informal Hearing: EPA is 

granting a request from a member of the 

public to hold an informal hearing to 

receive oral comments on the proposed 

regulation. The procedures for 

rulemaking under section 6 of the Toxic 

Substances Control Act (TSCA) are 

found at 40 CFR part 750. Specific 

procedures for manufacturing (import) 

exemptions are identified in 40 CFR 

part 750, subpart B, and the procedures 

for participation in and the conduct of 

informal hearings are found at 40 CFR 

750.18–750.20. Please see EPA’s Web 

site at http://www.epa.gov/epawaste/

hazard/tsd/pcbs/dlapcb.htm for the 

specific procedures for the informal 

hearing and the most current 

information on the hearing timeline. 

Please note that all dates for the 

hearing process are subject to change. 

Individuals interested in this hearing 

and rulemaking should check the Web 

site for the most current information. 

List of Subjects in 40 CFR Part 761 

Environmental protection, Hazardous 

substances, Polychlorinated biphenyls. 

Dated: June 6, 2014. 

Mathy Stanislaus, 

Assistant Administrator, Office of Solid Waste 

and Emergency Response. 

Accordingly, EPA withdraws the 

amendment to 40 CFR 761.80(j), 

published in the Federal Register on 

April 2, 2014 (79 FR 18471), as of June 

13, 2014. 

[FR Doc. 2014–13856 Filed 6–12–14; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket ID FEMA–2014–0002] 

Final Flood Elevation Determinations; 

Withdrawal 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule; withdrawal. 

SUMMARY: The Federal Emergency 

Management Agency (FEMA) is 

withdrawing its final rule concerning 

the flood elevation determinations for 

Colfax County, Nebraska, and 

Incorporated Areas. 

DATE: Effective June 13, 2014. 

FOR FURTHER INFORMATION CONTACT: Luis 

Rodriguez, Chief, Engineering 

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