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Federal Register / Vol. 70, No.

15 / Tuesday, January 25, 2005 / Proposed Rules 3501

(1) For all vessels carrying any 29. In § 401.74, paragraph (a) would § 401.94 Keeping copies of regulations.
quantity of explosives with a mass be revised to read as follows: (a) A copy of these Regulations
explosive risk, up to a maximum of 2 (subpart A of Part 401), a copy the
§ 401.74 Transit declaration.
tonnes (IMO Class 1, Division 1.1 and vessel’s latest Ship Inspection Report,
1.5); (a) A Seaway Transit Declaration and Seaway Notices for the current
Form (Cargo and Passenger) shall be navigation year shall be kept on board
* * * * *
(4) For all vessels carrying more than forwarded to the Manager by the every vessel in transit.
representative of a ship, for each ship (b) Onboard every vessel transiting
100 tonnes and up to a maximum of 500
that has an approved preclearance the Seaway a duplicated set of the
tonnes of safety explosives and shop
except non-cargo ships, within fourteen
goods (IMO Class 1, Divisions 1.4). Ship’s Fire Control Plans shall be
days after the vessel enters the Seaway
* * * * * permanently stored in a prominently
on any upbound or downbound transit.
28. In § 401.72, paragraphs (a), (e) marked weather-tight enclosure outside
The form may be obtained from The St.
introductory text, (e)(2), (f), and (h) the deckhouse for the assistance of
Lawrence Seaway Management
would be revised, and paragraphs (e)(6) shore-side fire-fighting personnel.
Corporation, 202 Pitt Street, Cornwall,
and (i) would be added to read as 35. Section 401.95 would be revised
Ontario, K6J 3P7.
follows: to read as follows:
* * * * *
§ 401.72 Reporting—explosive and 30. In § 401.75, paragraph (b) would § 401.95 Compliance with regulations.
hazardous cargo vessels. be revised to read as follows: The master or owner of a vessel shall
(a) Every explosive vessel or § 401.75 Payment of tolls. ensure that all requirements of these
hazardous cargo vessel shall, when Regulations and Seaway Notices
reporting information related to cargo as * * * * *
applicable to that vessel are complied
(b) Tolls, established by agreement
required by § 401.64(a), report the with.
between Canada and the United States,
nature and tonnage of its explosive or Issued at Washington, DC, on January 18,
and known as the St. Lawrence Seaway
hazardous cargo where applicable. 2005.
Schedule of Tolls, shall be paid by
Every vessel carrying grain which is Saint Lawrence Seaway Development
pleasure crafts with prepaid tickets
under fumigation shall declare to the Corporation.
purchased in Canadian funds using
nearest traffic control center the nature Albert S. Jacquez,
credit card ticket dispensers located at
of the fumigant, its properties and cargo
pleasure craft docks. At U.S. locks, the Administrator.
holds affected.
fee is paid in U.S. funds or the pre- [FR Doc. 05–1264 Filed 1–24–05; 8:45 am]
* * * * * established equivalent in Canadian BILLING CODE 4910–61–P
(e) Every vessel carrying dangerous funds.
cargo, as defined in § 401.66, and all 31. Section 401.79 would be revised
tankers carrying liquid cargo in bulk, to read as follows:
and all vessels carrying grain under ENVIRONMENTAL PROTECTION
fumigation shall, prior to transiting any § 401.79 Advance notice of arrival, vessels AGENCY
part of the Seaway, file with the requiring inspection.
40 CFR Part 262
Manager a copy of the current load plan Every vessel shall provide at least 96
that includes the following information: hours notice of arrival to the nearest [FRL–7861–4]
* * * * * Seaway station prior to all transits or in
(2) The approximate total weight in case reinspection of the ship is required. Project XL Rulemaking Extension for
metric tonnes or total volume in cubic 32. In § 401.81, paragraph (a) would New York State Public Utilities;
meters and the stowage location of each be revised to read as follows: Hazardous Waste Management
commodity; Systems; Proposed Rule
§ 401.81 Reporting an accident.
* * * * * (a) Where a vessel on the Seaway is AGENCY: Environmental Protection
(6) Tankers in ballast shall report the involved in an accident or a dangerous Agency (EPA).
previous cargo of each cargo hold on a occurrence, the master of the vessel ACTION: Proposed rule; change of
plan as described in this paragraph (e). shall report the accident or occurrence, expiration date.
(f) For tankers, the information pursuant to the requirements of the
required under this section shall be Transportation Safety Board SUMMARY: EPA proposes to extend the
detailed on a plan showing the general Regulations, to the nearest Seaway or Project XL Final Rule for New York
layout of the tanks, and a midships Canadian or U.S. Coast Guard radio or State Public Utilities; Hazardous Waste
cross-section showing the double traffic stations, as soon as possible and Management Systems (XL Rule). The XL
bottom tanks and ballast side tanks. prior to departing the Seaway system. Rule was published as a final rule in the
* * * * * Federal Register on Monday, July 12,
* * * * *
(h) Every vessel shall submit its load 33. In § 401.93, paragraph (b) would 1999 and, by its terms, expires, on
plan to the nearest Seaway Traffic be revised to read as follows: January 10, 2005. The details of the XL
Control Center from which it will be Rule can be found in 64 FR 37636 (July
distributed to all other Seaway Traffic § 401.93 Access to Seaway property. 12, 1999). No further changes are being
Control Centers. Any changes in * * * * * made to the XL Rule other than the
stowage, including loading and (b) Except as authorized by an officer change in expiration date. Because the
discharging during a transit, the ship or by the Seaway Property Regulations requirements outlined in the XL Rule do
shall submit an updated plan before or its successors, no person shall enter not become effective until New York
departing from any port between St. upon any land or structure of the State adopts equivalent requirements
Lambert and Long Point. Manager or the Corporation or swim in through a State rulemaking and receives
(i) Failure to comply with the any Seaway canal or lock area. EPA authorization for these equivalent
requirements in this section may result 34. Section 401.94 would be revised State requirements, EPA proposes to
in unnecessary delays or transit refusal. to read as follows: extend the XL Rule for a period of 72

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3502 Federal Register / Vol. 70, No. 15 / Tuesday, January 25, 2005 / Proposed Rules

months from the effective date of the available on the world wide web at described in 40 CFR part 271. 40 CFR
rule resulting from today’s proposal. To http://www.epa.gov/ProjectXL. part 271 also describes the overall
date, the State has not adopted an FOR FURTHER INFORMATION CONTACT: Mr. standards and requirements for
equivalent rule and thus the XL Project Philip Flax, U.S. EPA, Region 2, 290 authorization.
for New York Public State Utilities has Broadway, New York, NY 10007–1866, After a State receives initial
not been implemented. The XL Rule (212) 637–4143. authorization, new Federal regulatory
must be extended to facilitate SUPPLEMENTARY INFORMATION: On July requirements promulgated under the
completion of the New York State 12, 1999, EPA promulgated subpart I of authority in the RCRA statute which
Public Utilities XL Project. 40 CFR part 262 (XL Rule) which sets existed prior to the 1984 Hazardous and
DATES: Comments on the proposed forth the requirements for Project XL for Solid Waste Amendments (HSWA) do
extension of the XL Rule must be public utilities in New York State. The not apply in that state until the state
received on or before February 24, 2005. XL Rule was published as a final rule at adopts and receives authorization for
ADDRESSES: Comments can be submitted 64 FR 37624 (July 12, 1999). The XL equivalent state requirements. The state
electronically through the EPA’s Rule expires on January 10, 2005. must adopt such requirements to
EDOCKET Web site (http:// Accordingly, EPA is proposing to maintain authorization.
docket.epa.gov/edkpub/index.jsp). amend the expiration date of the XL In contrast, under RCRA section
EDOCKET is EPA’s online public docket Rule in 40 CFR 262.90(j). EPA is not 3006(g) (i.e., 42 U.S.C. 6926(g)), new
and comment system designed to proposing to modify any other Federal requirements and prohibitions
expand access to public information. provisions of the XL Rule. imposed pursuant to HSWA provisions
The docket for this rulemaking will be EPA proposes to amend the expiration take effect in authorized states at the
open for comment under the ‘‘EPA date of the XL Rule and provide an same time that they take effect in
Headquarters Materials Available for additional 72 months from the effective unauthorized states. Although
Comment’’ section of the Web site with date of the rule resulting from today’s authorized states are still required to
the Docket ID of RCRA–2004–0021. proposal. An extension of the expiration update their hazardous waste programs
Written comments should be mailed date for the XL Rule will enable the to remain equivalent to the Federal
to the EPA Docket Center (EPA/DC), New York State Department of program, EPA carries out HSWA
RCRA Docket (5305T), 1200 Environmental Conservation (NYSDEC) requirements and prohibitions in
Pennsylvania Avenue NW., Washington, to implement portions of the project authorized states, including the
DC 20460. Please send an original and requiring regulatory changes. New York issuance of new permits implementing
two copies of all comments, and refer to State has received authority to those requirements, until EPA
Docket Number RCRA–2004–0021. A administer hazardous waste standards authorizes the state to do so.
copy should also be sent to Mr. Philip for generators that are equivalent to, or
2. Effect on New York State
Flax at U.S. Environmental Protection more stringent than, the federal
Authorization
Agency, Region 2, 290 Broadway, New program. Therefore, the requirements
York, NY 10007–1866. outlined in the XL Rule will not take Today’s proposed rule is promulgated
A docket containing public comments effect in New York State until the State pursuant to RCRA provisions that
and supporting materials from the adopts equivalent requirements through predate HSWA. New York State has
original final rulemaking is available for a State rulemaking and receives EPA received authority to administer most of
public inspection and copying at the authorization for these equivalent State the RCRA program; thus, authorized
EPA Docket Center (EPA/DC), located at requirements. EPA will not be the provisions of the State’s hazardous
EPA West Building, 1301 Constitution primary regulatory agency responsible waste program are administered in lieu
Avenue NW., Room B102, Washington, for implementing the requirements of of the federal program. New York State
DC. The EPA/DC is open from 8:30 am the XL Rule. EPA expects this XL has received authority to administer
to 4:30 pm Monday through Friday, Project to result in superior hazardous waste standards for
excluding Federal holidays (All environmental performance in New generators. As a result, today’s rule will
materials from this docket are available York State, while providing cost savings not be effective in New York State until
24 hours a day online through the to participating Utilities. the State adopts equivalent
EDOCKET system with the new requirements as State law and receives
Additional Information EPA authorization for those equivalent
rulemaking’s Docket ID of RCRA–2004–
0021). The public is encouraged to 1. Applicability of Rules in Authorized State requirements. EPA may not
phone in advance to review docket States enforce these requirements until it
materials at the EPA/DC. Appointments Under section 3006 of RCRA, EPA approves the State requirements as a
can be scheduled by phoning the Docket may authorize qualified States to revision to the authorized State
Office at (202) 566–2270. Refer to RCRA administer the RCRA hazardous waste program.
docket number F–98–NYSP–FFFFFF. program within the State. Following Statutory and Executive Order Review
The public may copy a maximum of 100 authorization, the State requirements
pages from any regulatory docket at no authorized by EPA apply in lieu of A. Executive Order 12866
charge. Additional copies cost 15 cents equivalent Federal requirements and Under Executive Order 12866 (58 FR
per page. become federally enforceable as 51735, October 4, 1993) EPA must
A duplicate copy of the docket is requirements of RCRA. EPA maintains determine whether the regulatory action
available for inspection and copying at independent authority to bring is ‘‘significant’’ and therefore subject to
U.S. EPA, Region 2, 290 Broadway, New enforcement actions under RCRA Office of Management and Budget
York, NY 10007–1866 during normal sections 3007, 3008, 3013, and 7003. (OMB) review and the requirements of
business hours. Persons wishing to view Authorized States also have the Executive Order. The Order defines
the duplicate docket at the New York independent authority to bring ‘‘significant regulatory action’’ as one
location are encouraged to contact Mr. enforcement actions under State law. A that is likely to result in a rule that may:
Philip Flax in advance, by telephoning State may receive authorization by (1) Have an annual effect on the
(212) 637–4143. Information is also following the approval process economy of $100 million or more or

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Federal Register / Vol. 70, No. 15 / Tuesday, January 25, 2005 / Proposed Rules 3503

adversely affect in a material way the from the effective date of the rule requirements, and the current OMB
economy, a sector of the economy, resulting from today’s proposal. We control numbers. This listing of OMB
productivity, competition, jobs, the continue to be interested in the control numbers and their subsequent
environment, public health or safety in potential impacts of the proposed rule codification in the CFR satisfy the
State, local, or tribal governments or on small entities and welcome requirements of the Paperwork
communities; comments on issues related to such Reduction Act and OMB’s
(2) Create a serious inconsistency or impacts. implementing regulations at 5 CFR part
otherwise interfere with an action taken 1320.
or planned by another agency; C. Paperwork Reduction Act
(3) Materially alter the budgetary The Office of Management and Budget D. Unfunded Mandates Reform Act
impact of entitlement, grants, user fees, (OMB) has approved the information Title II of the Unfunded Mandates
or loan programs of the rights and collection requirements contained in Reform Act of 1995 (UMRA), Public
obligations of recipients thereof; or this rule under the provisions of the Law 104–4, establishes requirements for
(4) Raise novel legal or policy issues Paperwork Reduction Act (44 U.S.C. Federal agencies to assess the effects of
arising out of legal mandates, the 3501 et seq.) and has assigned OMB their regulatory actions on State, local,
President’s priorities, or the principles control number 2010–0026. and tribal governments and the private
set forth in the Executive Order. EPA is collecting information sector. Under section 202 of the UMRA,
Because the annualized cost of this regarding the locations and amount of EPA generally must prepare a written
rule will be significantly less than $100 waste involved as well as the money statement, including a cost-benefit
million and will not meet any of the saved and what the savings was analysis, for proposed and final rules
other criteria specified in the Executive invested in. EPA plans to use this with ‘‘federal mandates’’ that may result
Order, it has been determined that this information to determine whether the in expenditures to State, local, and
rule is not a ‘‘significant regulatory XL project is successful. The success of tribal governments, in the aggregate, or
action’’ under the terms of Executive the project will help determine whether to the private sector, of $100 million or
Order 12866, and is therefore not it should be extended to other areas of more in any one year. Before
subject to OMB review. the country. Participation in the project promulgating an EPA rule for which a
is voluntary; however, if a Utility written statement is needed, section 205
B. Regulatory Flexibility decides to participate, EPA requires the of the UMRA generally requires EPA to
The Regulatory Flexibility Act (RFA) filing of a report containing pertinent identify and consider a reasonable
generally requires an Agency to conduct information. These reports will be number or regulatory alternatives and
a Regulatory Flexibility analysis of any publicly available. The estimated cost adopt the least costly, most cost-
rule subject to notice and comment burden of filing the annual report is effective or least burdensome alternative
rulemaking requirements unless the $10,000 and the estimated length of that achieves the objectives of the rule.
agency certifies that the rule will not time to prepare the report is 40 hours. The provisions of section 205 do not
have a significant economic impact on The estimated number of respondents is apply when they are inconsistent with
a substantial number of small entities. 15. Burden means the total time, effort, applicable law. Moreover, section 205
Small entities include small businesses, or financial resources expended by allows EPA to adopt an alternative other
small not-for-profit enterprises, and persons to generate, maintain, retain, or than the least costly, most cost-effective
small governmental jurisdictions. disclose or provide information to or for or least burdensome alternative if the
For purposes of assessing the impacts a Federal agency. This includes the time Administrator publishes with the final
of today’s rule on small entities, small needed to review instructions; develop, rule an explanation of why that
entity is defined as: (1) A small business acquire, install, and utilize technology alternative was not adopted. Before EPA
defined by the Small Business and systems for the purposes of establishes any regulatory requirements
Administration’s (SBA) regulations at 13 collecting, validating, and verifying that may significantly or uniquely affect
CFR 121.201; (2) a small governmental information, processing and small governments, including tribal
jurisdiction that is a government of a maintaining information, and disclosing governments, it must have developed
city, county, town, school district or and providing information; adjust the under section 203 of the UMRA a small
special district with a population of less existing ways to comply with any government agency plan. The plan must
than 50,000; and (3) a small previously applicable instructions and provide for notifying potentially
organization that is any not-for-profit requirements; train personnel to be able affected small governments, enabling
enterprise which is independently to respond to a collection of officials of affected small governments
owned and operated and is not information; search data sources; to have meaningful and timely input in
dominant in its field. complete and review the collection of the development of EPA regulatory
After considering the economic information; and transmit or otherwise proposals with significant federal
impacts of today’s proposed rule on disclose the information. intergovernmental mandates, and
small entities, I certify that this action An Agency may not conduct or informing, educating, and advising
will not have a significant economic sponsor, and a person is not required to small governments on compliance with
impact on a substantial number of small respond to a collection of information the regulatory requirements.
entities. This proposed rule will not unless it displays a currently valid OMB As noted above, this rule is applicable
impose any requirements on small control number. The OMB control only to New York State Utilities. The
entities. EPA proposes to extend the numbers for EPA’s regulations are listed EPA has determined that this rule
Project XL Final Rule for New York in 40 CFR part 9 and 48 CFR Chapter contains no regulatory requirements that
State Public Utilities; Hazardous Waste 15. EPA amended the 40 CFR part 9 might significantly or uniquely affect
Management Systems (XL Rule) that table of currently approved ICR control small governments. EPA has also
was published on July 12, 1999, which numbers issued by OMB for various determined that this rule does not
will expire January 10, 2005. No other regulations to list the information contain a federal mandate that may
changes are being made to the XL Rule requirements contained in the XL Rule. result in expenditures of $100 million or
other than to change the expiration date The table lists the CFR citations for more for State, local, and tribal
by providing an additional 72 months EPA’s reporting and recordkeeping governments, in the aggregate, or the

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3504 Federal Register / Vol. 70, No. 15 / Tuesday, January 25, 2005 / Proposed Rules

private sector in any one year. Thus, solicits comment on this proposed rule Dated: January 6, 2005.
today’s rule is not subject to the from State and local officials. Stephen L. Johnson,
requirements of sections 202 and 205 of Deputy Administrator.
the UMRA. G. Executive Order 13175: Consultation
and Coordination With Indian Tribal For the reasons set forth in the
E. Applicability of Executive Order Governments preamble, part 262 of title 40, chapter I
13045 of the Code of Federal Regulations is
Executive Order 13175, entitled proposed to be amended as follows:
The Executive Order, ‘‘Protection of
‘‘Consultation and Coordination with
Children from Environmental Health PART 262—[AMENDED]
Indian Tribal Governments’’ (65 FR
Risks and Safety Risks’’ (62 FR 19885,
67249, November 9, 2000), requires EPA 1. The authority citation for part 262
April 23, 1997) applies to any rule that
(1) is determined to be ‘‘economically to develop an accountable process to continues to read as follows:
significant’’ as defined under Executive ensure ‘‘meaningful and timely input by
Authority: 42 U.S.C. 6906, 9612, 6922–
Order 12866, and (2) concerns an tribal officials in the development of 6925, 6937, and 6938.
environmental health or safety risk that regulatory policies that have tribal
EPA has reason to believe may have a implications.’’ This proposed rule does Subpart I—[Amended]
disproportionate effect on children. If not have tribal implications, as specified
in Executive Order 13175. The rule does 2. Section 262.90 is amended by
the regulatory action meets both criteria, revising paragraph (j) to read as follows:
the Agency must evaluate the not significantly or uniquely affect the
environmental health or safety effects of communities of Indian tribal § 262.90 Project XL for Public Utilities in
the planned rule on children; and governments. Thus, Executive Order New York State.
explain why the planned regulation is 13175 does not apply to this rule. * * * * *
preferable to other potentially effective
H. Executive Order 13211: Energy (j) This section will expire on ll [72
and reasonably feasible alternatives months from effective date].
considered by the Agency. Effects
[FR Doc. 05–822 Filed 1–24–05; 8:45 am]
This rule is not subject to Executive This rule is not subject to Executive BILLING CODE 6560–50–P
Order 13045 because it is not an Order 13211, ‘‘Actions Concerning
economically significant rule as defined Regulations That Significantly Affect
by Executive Order 12866, and because Energy Supply, Distribution, or Use’’ (66
it does not involve decisions on DEPARTMENT OF THE INTERIOR
FR 28355 (May 22, 2001)) because it is
environmental health or safety risks that not a significant regulatory action under Fish and Wildlife Service
may disproportionately affect children.
Executive Order 12866.
F. Executive Order 13132: Federalism 50 CFR Part 17
I. National Technology Transfer and
Executive Order 13132, entitled Advancement Act Endangered and Threatened Wildlife
‘‘Federalism’’ (64 FR 43255, August 10, and Plants; 90-Day Finding on
1999), requires EPA to develop an Section 12(d) of the National Petitions To List Bromus arizonicus
accountable process to ensure Technology Transfer and Advancement (Arizona brome) and Nassella cernua
‘‘meaningful and timely input by State Act of 1995 (NTTAA), Public Law 104– (nodding needlegrass) as Endangered
and local officials in the development of 113, section 12(d) (15 U.S.C. 272 note)
regulatory policies that have federalism directs EPA to use voluntary consensus AGENCY: Fish and Wildlife Service,
implications.’’ ‘‘Policies that have standards in its regulatory activities Interior.
federalism implications’’ is defined in unless to do so would be inconsistent ACTION: Notice of 90-day petition
the Executive Order to include with applicable law or otherwise finding.
regulations that have ‘‘substantial direct impractical. Voluntary consensus
effects on the States, on the relationship SUMMARY: We, the U.S. Fish and
standards are technical standards (e.g.,
between the National Government and Wildlife Service (Service), announce a
materials specifications, test methods,
the States, or on the distribution of 90-day petition finding for petitions to
sampling procedures, and business
power and responsibilities among the list Bromus arizonicus (Arizona brome)
practices) that are developed or adopted and Nassella cernua (nodding
various levels of government.’’ by voluntary consensus standards
This proposed rule does not have needlegrass) under the Endangered
bodies. The NTTAA directs EPA to Species Act of 1973, as amended. We
federalism implications. It will not have provide Congress, through OMB,
substantial direct effects on the States, find that neither petition presented
explanations when the Agency decides substantial scientific or commercial
on the relationship between the not to use available and applicable
National Government and the States, or information indicating that listing one
voluntary consensus standard. This or both of these species may be
on the distribution of power and
rulemaking does not involve technical warranted. We will not be initiating a
responsibilities among the various
standards. Therefore, EPA did not further status review in response to the
levels of government, as specified in
consider the use of any voluntary petitions to list.
Executive Order 13132. This proposed
rule does not create a mandate on State, consensus standards. DATES: The finding announced in this
local, or tribal governments and does List of Subjects in 40 CFR Part 262 document was made January 7, 2005.
not impose any enforceable duties on ADDRESSES: Data, information, written
these entities. Thus, Executive Order Environmental protection, Hazardous comments and materials, or questions
13132 does not apply to this rule. In the materials transportation, Hazardous concerning these petitions and findings
spirit of Executive Order 13132, and waste, Packaging and containers, should be submitted to the Field
consistent with EPA policy to promote Reporting and recordkeeping Supervisor, Ventura Fish and Wildlife
communications between EPA and State requirements. Office, U.S. Fish and Wildlife Service,
and local governments, EPA specifically 2493 Portola Road, Suite B, Ventura, CA

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