76900 Federal Register / Vol. 79, No. 246 / Tuesday, December 23, 2014 / Rules and Regulations 

one mile north into the Tchefuncta 

River, Madisonville, LA. 

(b) Effective dates and enforcement 

periods. This rule is effective without 

actual notice from December 23, 2014 

until January 1, 2015. For the purposes 

of enforcement, actual notice will be 

used from December 6, 2014, until 

December 23, 2014. The safety zones 

will be enforced during the following 

times: 

(1) December 6, 2014, from 9:00 p.m. 

until 9:30 p.m., at Fort Jackson, LA. 

(2) New Year’s Eve, December 31, 

2014 at 11:30 p.m. until January 1, 2015 

at 12:30 a.m., at Madisonville, LA. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry into these zones is 

prohibited unless specifically 

authorized by the Captain of the Port 

(COTP) New Orleans or designated 

personnel. Designated personnel 

include commissioned, warrant and 

petty officers of the U.S. Coast Guard 

assigned to units under the operational 

control of USCG Sector New Orleans. 

(2) Persons and vessels requiring 

deviation from this rule must request 

permission from the COTP New Orleans 

or a COTP New Orleans designated 

representative. They may be contacted 

on VHF–FM Channel 16 or 67, or 

through Coast Guard Sector New 

Orleans at 504–365–2200. 

(3) Persons and vessels permitted to 

deviate from this rule must transit at the 

slowest safe speed and comply with all 

lawful directions issued by the COTP 

New Orleans or designated 

representative. 

(d) Information broadcasts. The COTP 

New Orleans or a COTP New Orleans 

designated representative will inform 

the public through broadcast notices to 

mariners of the enforcement period for 

the safety zones as well as any changes 

in the planned schedule. 

Dated: December 3, 2014. 

Philip C. Schifflin, 

Captain, U.S. Coast Guard, Captain of the 

Port New Orleans. 

[FR Doc. 2014–30102 Filed 12–22–14; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 9 and 721 

[EPA–HQ–OPPT–2014–0390; FRL–9920–63] 

RIN 2070–AB27 

Significant New Use Rules on Certain 

Chemical Substances; Withdrawal 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Partial withdrawal of direct 

final rule. 

SUMMARY: EPA is withdrawing 

significant new use rules (SNURs) 

promulgated under the Toxic 

Substances Control Act (TSCA) for 

thirty chemical substances, which were 

the subject of premanufacture notices 

(PMNs). EPA published these SNURs 

using direct final rulemaking 

procedures, which requires EPA to take 

certain actions if an adverse comment is 

received. EPA received adverse 

comments regarding the SNURs 

identified in this document. Therefore, 

the Agency is withdrawing the direct 

final rule SNURs identified in this 

document, as required under the direct 

final rulemaking procedures. 

DATES: This document is effective 

December 26, 2014. 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2014–0390, is 

available at http://www.regulations.gov 

or at the Office of Pollution Prevention 

and Toxics Docket (OPPT Docket), 

Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 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 OPPT 

Docket is (202) 566–0280. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: For 

technical information contact: Kenneth 

Moss, Chemical Control Division 

(7405M), Office of Pollution Prevention 

and Toxics, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460–0001; telephone 

number: (202) 564–9232; email address: 

moss.kenneth@epa.gov. 

For general information contact: The 

TSCA-Hotline, ABVI-Goodwill, 422 

South Clinton Ave., Rochester, NY 

14620; telephone number: (202) 554– 

1404; email address: TSCA-Hotline@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Does this action apply to me? 

A list of potentially affected entities is 

provided in the Federal Register of 

October 27, 2014 (79 FR 63821) (FRL– 

9914–56). If you have questions 

regarding the applicability of this action 

to a particular entity, consult the 

technical person listed under FOR

FURTHER INFORMATION CONTACT. 

II. What rules are being withdrawn? 

In the October 27, 2014 Federal 

Register, EPA issued direct final SNURs 

for the chemical substances that are 

identified in this document. These 

direct final SNURs were issued under 

the procedures in 40 CFR part 721, 

subpart D. Because the Agency received 

a notice of intent to submit adverse 

comments, in accordance with 40 CFR 

721.160(c)(3)(ii), EPA is withdrawing 

the direct final SNURS issued for the 

following chemical substances, which 

were the subject of PMNs: 

Functionalized carbon nanotubes 

(generic), (PMN No. P–13–793); 

Propaneperoxoic acid, 2,2-dimethyl-, 

1,1,3,3-tetramethylbutyl ester, (CAS No. 

22288–41–1), (PMN No. P–14–72); Fatty 

acid amide hydrochlorides (generic), 

(PMN No: P–14–89, P–14–90, P–14–91, 

and P–14–92) Fatty acid amides 

(generic), (PMN No. P–14–158, P–14– 

159, P–14–161, P–14–162, and P–14– 

163); and Fatty acid amide acetates 

(generic), (PMN No. P–14–173, P–14– 

175, P–14–176, P–14–177, P–14–178, P– 

14–179, P–14–180, P–14–181, P–14– 

182, P–14–183, P–14–184, P–14–185, P– 

14–186, P–14–187, P–14–188, P–14– 

190, P–14–191, P–14–192 and P–14– 

193). EPA intends to publish proposed 

SNURs for the chemical substances 

identified in this document. 

For further information regarding 

EPA’s direct final rulemaking 

procedures for issuing SNURs, see 40 

CFR part 721, subpart D, and the 

Federal Register of July 27, 1989 (54 FR 

31314). 

III. Statutory and Executive Order 

Reviews 

This action withdraws regulatory 

requirements that have not gone into 

effect and which contain no new or 

amended requirements. As such, the 

Agency has determined that this action 

will not have any adverse impacts, 

economic or otherwise. The statutory 

and Executive Order review 

requirements applicable to the direct 

final rule were discussed in the October 

27, 2014 Federal Register. Those review 

requirements do not apply to this action 

because it is a withdrawal and does not 

contain any new or amended 

requirements. 

IV. Congressional Review Act (CRA) 

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 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 79, No. 246 / Tuesday, December 23, 2014 / Rules and Regulations 76901 

Register. This action is not a ‘‘major 

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

List of Subjects 

40 CFR Part 9 

Environmental protection, Reporting 

and recordkeeping requirements. 

40 CFR Part 721 

Environmental protection, Chemicals, 

Hazardous substances, Reporting and 

recordkeeping requirements. 

Dated: December 17, 2014. 

Maria J. Doa, 

Director, Chemical Control Division, Office 

of Pollution Prevention and Toxics. 

Therefore, 40 CFR chapter I is 

amended as follows: 

PART 9—[AMENDED] 

■ 1. The authority citation for part 9 

continues to read as follows: 

Authority: 7 U.S.C. 135 et seq., 136–136y; 

15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671; 

21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 

U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 

1321, 1326, 1330, 1342, 1344, 1345(d) and 

(e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, 

1971–1975 Comp. p. 973; 42 U.S.C. 241, 

242b, 243, 246, 300f, 300g, 300g–1, 300g–2, 

300j–2, 300j–3, 300j–4, 300j–9, 1857 et seq., 

6901–6992k, 7401–7671q, 7542, 9601–9657, 

11023, 11048. 

§ 9.1 [Amended] 

■ 2. In the table in § 9.1, under the 

undesignated center heading 

‘‘Significant New Uses of Chemical 

Substances,’’ remove §§ 721.10776, 

721.10780, 721.10781, 721.10782 and 

721.10783. 

PART 721—[AMENDED] 

■ 3. The authority citation for part 721 

continues to read as follows: 

Authority: 15 U.S.C. 2604, 2607, and 

2625(c). 

§§ 721.10776 [Removed] 

■ 4. Remove §§ 721.10776. 

§§ 721.10780 through 721.10783 

[Removed] 

■ 5. Remove §§ 721.10780 through 

721.10783. 

[FR Doc. 2014–30023 Filed 12–22–14; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL MARITIME COMMISSION 

46 CFR Part 502 

[Docket No. 14–12] 

RIN 3072–AC58 

Amendments to Regulations 

Governing the Rules of Practice and 

Procedure for Dismissals of Actions 

AGENCY: Federal Maritime Commission. 

ACTION: Final rule. 

SUMMARY: The Federal Maritime 

Commission is amending its rules 

governing dismissals of actions by 

complainants, by order of the presiding 

officer, and by respondents when 

complainant fails to prosecute. 

DATES: Effective: January 24, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Karen V. Gregory, Secretary, Federal 

Maritime Commission, 800 North 

Capitol Street NW., Washington, DC 

20573–0001, Phone: (202) 523–5725, 

Email: secretary@fmc.gov. 

SUPPLEMENTARY INFORMATION: The 

Commission published a proposed rule 

on September 22, 2014, 79 FR 56546, to 

amend Rule 72 of its Rules of Practice 

and Procedure, 46 CFR 502.72, to reflect 

its intent with regard to review and 

approval of settlement agreements prior 

to dismissal of formal complaints. No 

comments were received to the 

proposed rule and the Commission 

hereby adopts it as a final rule. 

Section 502.72 currently permits 

voluntary dismissals by notice, allowing 

a complainant to dismiss an action 

voluntarily before an answer or other 

responsive pleading is served. 

Additionally, the rule permits dismissal 

of complaints by stipulation of the 

parties, thereby fostering efficient and 

speedy resolution of matters that have 

become moot (e.g., cargo has been 

delivered, expense of litigation, etc.). 

The rule does not, however, expressly 

address the circumstance when a 

voluntary dismissal is the result of a 

settlement between the parties. 

When § 502.72 was published, the 

Commission stated that it ‘‘did not 

intend to eliminate the requirement for 

review of settlement.’’ Docket No. 11– 

05, Rules of Practice and Procedure, 

Final Rule, 77 FR 61519–20 (Oct. 10, 

2012). The revision adopted here 

reflects the Commission’s intent to 

adhere to its long-standing policy of 

reviewing settlements by adding 

language to clarify that when a 

voluntary dismissal is based on a 

settlement agreement, the agreement 

must be submitted for approval by the 

Commission. 

The Commission has followed a wellestablished policy of encouraging 

settlement agreements in proceedings 

brought before it. Old Ben Coal Co. v. 

Sea-Land Serv., Inc., 18 S.R.R. 1085, 

1091 (ALJ 1978). The Commission has 

adhered to ‘‘encourag[ing] settlements 

and engage[ing] in every presumption 

which favors a finding that they are fair, 

correct, and valid.’’ Inlet Fish Producers, 

Inc. v. Sea-Land Serv., Inc., 29 S.R.R. 

975, 978 (ALJ 2002) (quoting Old Ben 

Coal, 18 S.R.R. at 1091); see also 

Ellenville Handle Works, Inc. v. Far E. 

Shipping Co., 20 S.R.R. 761, 763 (ALJ 

1981) (noting that settlements may be 

approved upon a showing that the 

settlement is bona fide and not a device 

for rebating). The Commission has 

exercised oversight of these settlements 

to ensure that such agreements are free 

from ‘‘fraud, duress, undue influence, 

[or] mistake’’ and do ‘‘not contravene 

any law or public policy.’’ Old Ben 

Coal, 18 S.R.R. at 1093. 

Although the Commission undertakes 

a relatively limited role in scrutinizing 

settlements, see P.R. Shipping Ass’n v. 

P.R. Ports Auth., 27 S.R.R. 645, 647 (ALJ 

1996), it has also made clear that it 

‘‘does not merely rubber stamp any 

proffered statement, no matter how 

anxious the parties may be to terminate 

their litigation.’’ Old Ben Coal, 18 S.R.R. 

at 1092. Previously, the Commission 

required proof of a statutory violation 

before approving a settlement. An 

agreement to settle a proceeding could 

only ‘‘be approved . . . upon an 

affirmative finding that such violation 

occurred.’’ Consolidated International 

Corporation v. Concordia Line, Boise 

Griffin Steamship Company, Inc., 18 

F.M.C. 180, 183 (ALJ 1975); cf. 

Ketchikan Spruce Mills v. Coastwise 

Line, 5 F.M.B. 661 (1959) (settlement 

was not approved because it could not 

be shown that the tariffs were 

unreasonable or violated the Shipping 

Act). 

In Old Ben Coal, the Commission 

modified this requirement in favor of a 

revised standard that allows the 

Commission to assess whether ‘‘the 

settlement offered is fair, reasonable, 

and adequate,’’ and whether the 

settlement is ‘‘free of fraud, duress, 

undue influence, [or] mistake.’’ 18 

S.R.R. at 1091. Additionally, the 

Commission may weigh the likelihood 

of the complainant’s success if litigation 

were pursued, as well as balance the 

adequacy of the terms of settlement 

against the estimated cost and 

complexity of continued litigation. Id. 

at, 1093–94. Finally, the Commission 

will review the settlement to ensure that 

it is ‘‘proper and does not itself violate 

any provision of the law.’’ Id. at 1091. 


tkelley on DSK3SPTVN1PROD with RULES