Federal Register / Vol. 79, No. 124 / Friday, June 27, 2014 / Rules and Regulations 36429 

ALTERNATIVE TESTING METHODS FOR CONTAMINANTS LISTED AT 40 CFR 141.852(a)(5) 

Organism Methodology category Method 

SM 20th, 

21st editions 1 6

SM 22nd Edition 28 SM Online 3

Total Coliforms .............. Lactose Fermentation 

Methods.

Standard Total Coliform 

Fermentation Technique.

................ 9221 B.1, B.2 ................ 9221 B.1, B.2–06. 

Enzyme Substrate 

Methods.

Colilert® ......................... ................ 9223 B .......................... 9223 B–04. 

Colisure® ....................... ................ 9223 B .......................... 9223 B–04. 

Colilert-18® ................... 9223 B ... 9223 B .......................... 9223 B–04. 

Tecta EC/TC .33

Escherichia coli ............. Escherichia coli Procedure (following Lactose Fermentation 

Methods).

EC–MUG medium ......... ................ 9221 F.1 ........................ 9221 F.1–06. 

Enzyme Substrate 

Methods.

Colilert® ......................... ................ 9223 B .......................... 9223 B–04. 

Colisure® ....................... ................ 9223 B .......................... 9223 B–04. 

Colilert-18® ................... 9223 B ... 9223 B .......................... 9223 B–04. 

Tecta EC/TC.33

[FR Doc. C1–2014–14369 Filed 6–26–14; 8:45 am] 

BILLING CODE 1505–01–D 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[FRL–9739–9–OW] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; Listing of Trustee Designations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: In this action, the 

Environmental Protection Agency (EPA 

or ‘‘the Agency’’) is conforming the 

listing of trustee designations for natural 

resources in the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP) in accordance 

with Executive Order (E.O.) 13626, 

‘‘Gulf Coast Ecosystem Restoration,’’ 

issued on September 10, 2012. E.O. 

13626 designated the Administrator of 

EPA and the Secretary of the United 

States Department of Agriculture 

(USDA) to act as additional trustees for 

Natural Resource Damage Assessment 

and restoration solely in connection 

with injury to, destruction of, loss of, or 

loss of use of natural resources, 

including their supporting ecosystems, 

resulting from the Deepwater Horizon 

Oil Spill. The Administrator’s and 

Secretary’s trusteeship became effective 

immediately pursuant to the President’s 

designation. This action is being taken 

pursuant to a directive in the Executive 

Order to revise Subpart G of the NCP to 

reflect the additional designations for 

the Deepwater Horizon Oil Spill. This 

action applies to the Deepwater Horizon 

Oil Spill only, and does not affect any 

prior or subsequent designations. 

DATES: This rule is effective on June 27, 

2014. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Gale C. Bonanno, Office of Water (4503– 

T), U.S. Environmental Protection 

Agency, 1200 Pennsylvania Avenue 

NW., Washington, DC 20460; telephone 

number 202–564–2243; email address: 

bonanno.gale@epa.gov. 

SUPPLEMENTARY INFORMATION: In 

accordance with E.O. 13626 of 

September 10, 2012 (77 FR 56749, 

September 13, 2012), entitled, ‘‘Gulf 

Coast Ecosystem Restoration,’’ EPA is 

revising Subpart G of the NCP, 40 CFR 

part 300, to reflect the President’s 

designation of the Administrator of EPA 

and the Secretary of Agriculture as 

additional trustees in connection with 

injury to, destruction of, loss of, or loss 

of use of natural resources, including 

their supporting ecosystems, resulting 

from the Deepwater Horizon Oil Spill. 

Section 5 of E.O. 13626 provides as 

follows: 

Sec. 5. Designating Trustees for Natural 

Resource Damage Assessment. Given their 

authorities, programs, and expertise, the 

Environmental Protection Agency (EPA) and 

the Department of Agriculture (USDA) have 

institutional capacities that can contribute 

significantly to the Natural Resource Damage 

Assessment and restoration efforts, including 

scientific and policy expertise as well as 

experience gained in the Task Force process 

and other planning efforts in the Gulf area. 

In addition, EPA’s and USDA’s relevant 

authorities cover a range of natural resources 

and their supporting ecosystems, including 

waters, sediments, barrier islands, wetlands, 

soils, land management, air resources, and 

drinking water supplies. The inclusion of 

EPA and USDA as trustees participating in 

the Natural Resource Damage Assessment 

and restoration efforts will maximize 

coordination across the Federal Government 

and enhance overall efficiencies regarding 

Gulf Coast ecosystem restoration. 

Accordingly, without limiting the 

designations in Executive Order 12777 of 

October 18, 1991, or any other existing 

designations, and pursuant to section 

2706(b)(2) of title 33, United States Code, I 

hereby designate the Administrator of EPA 

and the Secretary of Agriculture as additional 

trustees for Natural Resource Damage 

Assessment and restoration solely in 

connection with injury to, destruction of, loss 

of, or loss of use of natural resources, 

including their supporting ecosystems, 

resulting from the Deepwater Horizon Oil 

Spill. The addition of these Federal trustees 

does not, in and of itself, alter any existing 

agreements among or between the trustees 

and any other entity. All Federal trustees are 

directed to consult, coordinate, and 

cooperate with each other in carrying out all 

of their trustee duties and responsibilities. 

The Administrator of EPA is hereby 

directed to revise Subpart G of the National 

Oil and Hazardous Substances Pollution 

Contingency Plan to reflect the designations 

for the Deepwater Horizon Oil Spill 

discussed in this section. 

Today EPA is issuing a final rule 

revising Subpart G of the National Oil 

and Hazardous Substances Pollution 

Contingency Plan to reflect the 

designations for the Deepwater Horizon 

Oil Spill discussed in Section 5 of the 

E.O. 

E.O. 13626 is an exercise of the 

President’s statutory authorities under 

section 311 of the Federal Water 

Pollution Control Act (FWPCA) (33 

U.S.C. 1321), section 1006 of the Oil 

Pollution Act of 1990 (OPA) (33 U.S.C. 

2706), and 3 U.S.C. 301. Under OPA 

section 1002, those responsible for oil 

spills are liable for, among other things, 

damages for injury to, destruction of, 


wreier-aviles on DSK5TPTVN1PROD with RULES
36430 Federal Register / Vol. 79, No. 124 / Friday, June 27, 2014 / Rules and Regulations 

loss of, or loss of use of, natural 

resources, including the reasonable 

costs of assessing the damage. These 

damages are recoverable by a United 

States trustee, a State trustee, an Indian 

tribe trustee, or a foreign trustee. 33 

U.S.C. 2702(b)(2)(A). Under OPA 

section 1006, Federal trustees are 

authorized to pursue claims for natural 

resource damages under 33 U.S.C. 

2702(b)(2)(A) for natural resources 

belonging to, managed by, controlled by, 

or appertaining to the United States. 33 

U.S.C. 2706(a). Designated Federal 

trustees are authorized to: Assess 

natural resource damages for the natural 

resources under their trusteeship; upon 

request of and reimbursement from a 

State or Indian tribe and at the Federal 

officials’ discretion, assess damages for 

the natural resources under the State’s 

or tribe’s trusteeship; and develop and 

implement a plan for the restoration, 

rehabilitation, replacement, or 

acquisition of the equivalent, of the 

natural resources under their 

trusteeship. 33 U.S.C. 2706(c). 

In compliance with Section 5 of E.O. 

13626, today EPA is amending 

subsection 300.600(b) of Subpart G of 

the NCP to include a new paragraph (5). 

The designation of the Administrator 

of EPA and the Secretary of Agriculture 

as trustees for the Deepwater Horizon 

Oil Spill was effective upon the 

President’s signature of E.O. 13626. This 

action merely conforms the NCP’s 

trustee ‘‘listing’’ provisions for purposes 

of identifying the relevant trustees for a 

particular incident under OPA. See 40 

CFR 300.3(b)(6); 59 FR 47385 (Sept. 15, 

1994). This action is taken solely to 

comply with E.O. 13626 and includes 

no other amendments to the NCP or 

other regulatory action. This action 

applies to the Deepwater Horizon Oil 

Spill only, and does not affect any prior 

or subsequent designations. 

Regulations and procedures governing 

the conduct and functions of trustees for 

natural resources under OPA are 

provided in the NCP, and the Natural 

Resource Damage Assessment (NRDA) 

regulations at 15 CFR Part 990 issued by 

the National Oceanic and Atmospheric 

Administration (NOAA) pursuant to 

OPA section 1006(e), 33 U.S.C. 2706(e). 

Section 553 of the Administrative 

Procedure Act (APA), 5 U.S.C. 

553(b)(3)(B), provides that, when an 

agency for good cause finds notice and 

public procedure are impracticable, 

unnecessary, or contrary to the public 

interest, the agency may issue a rule 

without providing notice and an 

opportunity for public comment. There 

is good cause to revise Subpart G of the 

NCP without providing notice and an 

opportunity for public comment. 

Notice-and-comment rulemaking is 

unnecessary because this action is 

ministerial in nature. The President 

exercised his statutory authority under 

section 311 of the Federal Water 

Pollution Control Act (33 U.S.C. 1321), 

section 1006 of the Oil Pollution Act of 

1990 (33 U.S.C. 2706), and 3 U.S.C. 301 

to designate the Administrator and the 

Secretary as trustees and directed EPA 

to revise Subpart G of the NCP 

accordingly. There is no discretion to 

alter the designation and this is simply 

a revision to the text of the Code of 

Federal Regulations to reflect the 

designations made by the President. 

Providing an opportunity for notice and 

comment, therefore, is unnecessary. 

There also is good cause under APA 

section 553(d)(3) for this revision to 

become effective on the date of 

publication of this action. Section 

553(d)(3) of the APA allows an effective 

date less than 30 days after publication 

‘‘as otherwise provided by the agency 

for good cause found and published 

with the rule.’’ 5 U.S.C. 553(d)(3). The 

purpose of the 30-day waiting period 

prescribed in APA section 553(d)(3) is 

to give affected parties a reasonable time 

to adjust their behavior and prepare 

before the final rule takes effect. This 

rule, however, does not create any new 

regulatory requirements or take other 

actions such that affected parties would 

need time to prepare before the rule 

takes effect. Rather, this action merely 

revises the listing of trustees in Subpart 

G of the NCP to reflect designations 

done by the President through E.O. 

13626. For these reasons, there is good 

cause under APA section 553(d)(3) for 

this revision to become effective on the 

date of publication of this action. 

Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

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 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq. Burden is 

defined at 5 CFR 1320.3(b). This action 

merely revises the list of trustee 

designations in Subpart G of the NCP to 

reflect new designations the President 

made in E.O. 13626 and does not 

require the collection of any 

information. 

C. Regulatory Flexibility Act 

Today’s final rule is not subject to the 

Regulatory Flexibility Act (RFA), which 

generally requires an agency to prepare 

a regulatory flexibility analysis for any 

rule that will have a significant 

economic impact on a substantial 

number of small entities. The RFA 

applies only to rules subject to notice 

and comment rulemaking requirements 

under the Administrative Procedure Act 

(APA) or any other statute. This rule is 

not subject to notice and comment 

requirements under the APA or any 

other statute because it does not impose 

any requirements on any entity, 

including small entities. 

D. Unfunded Mandates Reform Act 

This action contains no Federal 

mandates under the provisions of Title 

II of the Unfunded Mandates Reform 

Act of 1995 (UMRA), 2 U.S.C. 1531– 

1538 for State, local, or tribal 

governments or the private sector. The 

action imposes no enforceable duty on 

any State, local or tribal governments or 

the private sector. Therefore, this action 

is not subject to the requirements of 

sections 202 or 205 of the UMRA. This 

action is also not subject to the 

requirements of section 203 of UMRA 

because it contains no regulatory 

requirements that might significantly or 

uniquely affect small governments. 

E. Executive Order 13132 (Federalism) 

This action 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. This action 

merely revises the list of trustee 

designations in Subpart G of the NCP to 

reflect new designations the President 

made in E.O. 13626. Thus, Executive 

Order 13132 does not apply to this 

action. 

F. Executive Order 13175 

This action does not have tribal 

implications, as specified in Executive 

Order 13175 (65 FR 67249, November 9, 

2000). It does not create new binding 

legal requirements that substantially 

and directly affect Tribes. Thus, 

Executive Order 13175 does not apply 

to this action. 


wreier-aviles on DSK5TPTVN1PROD with RULES
Federal Register / Vol. 79, No. 124 / Friday, June 27, 2014 / Rules and Regulations 36431 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

EPA interprets EO 13045 (62 FR 

19885, April 23, 1997) as applying only 

to those regulatory actions that concern 

health or safety risks, such that the 

analysis required under section 5–501 of 

the EO has the potential to influence the 

regulation. This action is not subject to 

EO 13045 because it does not establish 

an environmental standard intended to 

mitigate health or safety risks. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211 (66 FR 28355 (May 22, 

2001)), because it is not a significant 

regulatory action under Executive Order 

12866. 

I. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order (EO) 12898 (59 FR 

7629 (Feb. 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 final 

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. 

J. Congressional Review Act 

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. Section 808 allows 

the issuing agency to make a rule 

effective sooner than otherwise 

provided by the CRA if the agency 

makes a good cause finding that notice 

and public procedure is impracticable, 

unnecessary or contrary to the public 

interest. This determination must be 

supported by a brief statement. 5 U.S.C. 

808(2). As stated previously, EPA has 

made such a good cause finding, 

including the reasons therefore, and 

established an effective date of June 27, 

2014. 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 300 

Environmental protection, Chemicals, 

Hazardous materials, Hazardous 

substances, Intergovernmental relations, 

Natural resources, Oil pollution. 

Dated: June 18, 2014. 

Gina McCarthy, 

Administrator. 

For the reasons set out in the 

preamble, 40 CFR part 300 is amended 

as follows: 

PART 300—NATIONAL OIL AND 

HAZARDOUS SUBSTANCES 

POLLUTION CONTINGENCY PLAN 

■ 1. The authority citation for part 300 

is revised to read as follows: 

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. 

Subpart G—Trustees for Natural 

Resources 

■ 2. Section 300.600 is revised by 

adding paragraph (b)(5), to read as 

follows: 

§ 300.600 Designation of federal trustees. 

* * * * * 

(b) * * * 

(5) Additional trustees for the 

Deepwater Horizon Oil Spill. The 

Administrator of EPA and the Secretary 

of Agriculture shall act as trustees in 

connection with injury to, destruction 

of, loss of, or loss of use of natural 

resources, including their supporting 

ecosystems, resulting from the 

Deepwater Horizon Oil Spill. 

[FR Doc. 2014–15158 Filed 6–26–14; 8:45 am] 

BILLING CODE 6550–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

45 CFR Part 153 

[CMS–9954–F2] 

RIN–0938–AR89 

Patient Protection and Affordable Care 

Act; HHS Notice of Benefit and 

Payment Parameters for 2015; 

Correcting Amendment 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Final rule; correcting 

amendment. 

SUMMARY: In the March 11, 2014 issue 

of the Federal Register (79 FR 13744), 

we published a final rule entitled, 

‘‘Patient Protection and Affordable Care 

Act; HHS Notice of Benefit and Payment 

Parameters for 2015.’’ The effective date 

was May 12, 2014. This correcting 

amendment corrects a technical error 

identified in the March 11, 2014 final 

rule. 

DATES: Effective Date: This correcting 

amendment is effective June 26, 2014. 

FOR FURTHER INFORMATION CONTACT: Jeff 

Wu, (301) 492–4305 or Adrianne 

Glasgow, (410) 786–0686. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. 2014–0505 (79 FR 13744), 

the final rule entitled ‘‘Patient 

Protection and Affordable Care Act; 

HHS Notice of Benefit and Payment 

Parameters for 2015; Final Rule’’ 

(hereinafter referred to as the 2015 

Payment Notice), there was a technical 

error that is identified and corrected in 

the regulations text of this correcting 

amendment. The provision of this 

correcting amendment is effective June 

26, 2014. 

II. Summary of Errors in the 

Regulations Text 

On page 13834 in the definition of 

‘‘contributing entity at 45 CFR § 153.20, 

we inadvertently used the word 

‘‘volume’’ instead of ‘‘value.’’ As 

detailed in the preamble of the 2015 

Payment Notice (79 FR 13744, 13775), 

for purposes of the definition of 

contributing entity, ‘‘a de minimis 

amount means up to 5 percent, as 

measured by the amount of enrollment 

or claims processing transactions for 

non-pharmacy and non-excepted 

benefits which are outsourced, or by the 

value of the outsourced enrollment or 

claims processing transactions for nonpharmacy and non-excepted benefits 

(measured by the cost of the outsourced 

services compared to the sum of those 


wreier-aviles on DSK5TPTVN1PROD with RULES