80 FR 46822 - Organization and Functions of the Chemical Safety and Hazard Investigation Board
CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD Federal Register Volume 80, Issue 151 (August 6, 2015)
Federal Register Volume 80, Issue 151 (August 6, 2015)
| Page Range | 46822-46824 | |
| FR Document | 2015-18318 |
[Federal Register Volume 80, Number 151 (Thursday, August 6, 2015)] [Rules and Regulations] [Pages 46822-46824] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-18318] ======================================================================= ----------------------------------------------------------------------- CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD 40 CFR Part 1600 Organization and Functions of the Chemical Safety and Hazard Investigation Board AGENCY: Chemical Safety and Hazard Investigation Board. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This rule amends the quorum and voting regulations of the Chemical Safety and Hazard Investigation Board (CSB). The amendments add a requirement for the Chairperson to place notation votes that have been calendared for discussion at a Board Meeting to the agenda of a public meeting within 90 days of the calendared notation vote. The rule also adds a requirement for the Chairperson to conduct a minimum of four public meetings per year in Washington, DC. DATES: Effective August 6, 2015. SUPPLEMENTARY INFORMATION: This final rule will promote increased transparency and accountability for Board activities. It aligns with the Open Government principles of transparency, participation, and collaboration, as outlined in the Memorandum on Transparency and Open Government (74 FFR 4685, Jan. 26, 2009). The Board conducts most votes through a process of notation voting. In notation voting, Board Members may vote to approve, disapprove, or calendar a notation item for discussion at a public meeting. In recent years, notation items have been calendared but then not placed on the agenda for discussion at a public meeting of the Board. The addition of language to 40 CFR 1600.5(b) will ensure that calendaring is used in the way it was intended. It will require the consideration of calendared notation votes at a public meeting within 90 days of the calendaring action. Prior to the adoption of this amendment to the rule, calendaring [[Page 46823]] could amount to a veto by a single Member even when other Members wished to vote on the item. This added language will prevent that action and preserve only the original intent of calendaring. 40 CFR 1600.5(b) of this rule was amended to state that a ``notation vote to schedule a public meeting may not be calendared.'' This change is intended to require a straight vote when one or more members may be reluctant to schedule a public meeting. The result is intended to provide an opportunity for important substantive business of the Board to be discussed publicly. New paragraph (c) adds provisions to ensure that the Board meets at least quarterly to review important CSB mission work and reaffirms the authority of all Board Members to add items for discussion to the agendas of such CSB public meetings. This provision reinforces the policy of the Board (in Board Order 1, Section 9.b.2) that permits members to request public meeting agenda additions or changes. The amended rule also requires that the Board's quarterly meetings consider, at a minimum, calendared notation votes, important mission- related activities, and quarterly agency action plan progress. This portion of the rule is also intended to increase the transparency of Board actions, to promote the Board's accountability to the public, and to ensure regular, relevant feedback is received from the public related to the agency's mission work. Although not required for this action, the Board published the proposed amendments in the Federal Register and provided thirty days for public comment. The CSB received two written comments during the written comment period and several oral public comments at a meeting on June 18, 2015. The written comments have been posted to the CSB Web site at http://www.csb.gov/about-the-csb/public-comments/, and the oral comments concerning the rule are in the transcript of the discussion which took place on June 18, 2015. One written comment and each of the oral comments were favorable. The written comment from the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union (USW), supported the rule because it will increase the transparency of the Board's actions and facilitate stakeholder involvement and CSB accountability. The USW fully supports the decision to hold regular quarterly business meetings, but noted that a method for participation by phone for those not in the Washington area is important. The comment also supported the rule's new requirements that calendared notation items be discussed in public within 90 days and that all Board Members may add items to public meeting agendas. The USW also noted that Board Members should not cancel any investigation without sufficient notification to stakeholders. Earlier this year, the CSB voted to terminate three investigations at a meeting on January 28, 2015, even though the Federal Register notice (80 FR 2392 (Jan. 16, 2015)) did not provide specific notice that the Board might take such an action. The Board received criticism for providing inadequate notice. New section (ii) of this rule provides in pertinent part that each quarterly meeting shall include as an agenda item a ``review by the Board of the schedule for completion of all open investigations, studies, and other important work of the Board.'' If the Board were considering the cancellation of a particular investigation, such a discussion should occur at a quarterly meeting under this general agenda item. Without specifically stating such a possibility, interested members of the public might not be aware that the Board could vote to cancel a specific investigation at a quarterly public meeting. An oral public comment from the American Chemistry Council was supportive of the amended rule. The CSB also received a negative comment from Public Employees for Environmental Responsibility (PEER). PEER commented that the thirty day comment period was insufficient. However, as noted above, this rule could have been published as a final rule without any public comment period, and the Board also scheduled a public meeting to discuss the proposed changes and to provide an additional opportunity for public input. PEER also noted that the rule could force the Board to hold a public meeting every single workday to accommodate this requirement to consider calendared notation items within ninety days. The Board does not share this concern. Because the Board will hold quarterly and other public meetings, the Board would rarely need to convene a special meeting solely to consider a calendared notation item. PEER expressed concern that the Washington, DC, location for business meetings was not convenient to all stakeholders. With respect to this concern, the CSB has provided and plans to continue to provide an opportunity for teleconference or webcast participation in the four meetings in Washington, DC. The CSB will also continue to conduct public meetings, as appropriate, throughout the United States. PEER recommended undertaking a cost benefit analysis of the rule before finalizing it due to a concern that the proposed rule could negatively impact public meetings held in communities in which an accident has occurred. PEER noted that the CSB appears to lack the personnel and resources to hold both Washington, DC and community-based meetings effectively. The Board shares this important concern. However, the Board has determined that this concern is a basis for caution, not a reason to delay adoption of the rule. The Board contemplates that the cost of regular business meetings in Washington, DC, will be minimal as such meetings will be conducted at CSB headquarters, limited in scope, and should not involve excessive staff time to prepare and to conduct. The Board will evaluate per meeting costs over the next year to ensure that these costs are reasonable in relation to the anticipated benefits, and consider the need to seek additional resources to ensure that the new rule does not negatively impact community based public meetings. Having considered these comments, the Board has determined that the rule should be finalized without additional changes at this time. The Board plans to review the rule a year from its adoption to ensure the revisions have succeeded in accomplishing the primary objectives of improving transparency and accountability to stakeholders. Statutory Authority: 5 U.S.C. 301, 552(a)(1); 42 U.S.C. 7412(r)(6)(N). Regulatory Impact Administrative Procedure Act: 5 U.S.C. 553(b)(3)(A), provides that when regulations involve matters of agency organization, procedure, or practice, the agency may publish regulations in final form without notice and comment. Because this rule is intended to promote public participation and transparency for Board activities, however, the Board provided thirty days for public comment and an opportunity for public comments on June 18, 2015, when Board Members met in Washington, DC (80 FR 32339 (June 8, 2015)). Small Business Regulatory Enforcement Fairness Act: This regulation is not a major rule under 5 U.S.C. 804(2), the Small Business Regulatory Enforcement Fairness Act. Because this regulation involves internal agency procedures and quarterly business meetings, this regulation: a. Does not have an annual [[Page 46824]] effect on the economy of $100 million or more. b. Will not cause a major increase in costs or prices for consumers, individual industries, Federal, State, local government agencies or geographic regions. c. Does not have a significant adverse effect on competition, employment, investment, productivity, innovation or the ability of U.S.-based enterprises to compete with foreign-based enterprises. Regulatory Flexibility Act: The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires that a rule that has a significant economic impact on a substantial number of small entities, small businesses, or small organizations must include an initial regulatory flexibility analysis describing the regulation's impact on such small entities. This analysis need not be undertaken if the agency has certified that the regulation will not have a significant economic impact on a substantial number of small entities. 5 U.S.C. 605(b). The CSB has considered the impact of this rule under the Regulatory Flexibility Act, and certifies that a final rule will not have a significant economic impact on a substantial number of small entities. Paperwork Reduction Act: The CSB reviewed this rule to determine whether it involves issues that would subject it to the Paperwork Reduction Act (PRA). The CSB has determined that that the rule does not require a ``collection of information'' under the PRA. Unfunded Mandates Reform Act of 1995: The rule does not require the preparation of an assessment statement in accordance with the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1531. This rule does not include a federal mandate that may result in the annual expenditure by state, local, and tribal governments, in the aggregate, or by the private sector, of more than the annual threshold established by the Act ($128 million in 2006, adjusted annually for inflation). List of Subjects in 40 CFR Part 1600 Administrative practice and procedure. Dated: July 22, 2015. Rick Engler, Board Member. Accordingly, for the reasons set forth in the preamble, the Chemical Safety and Hazard Investigation Board amends 40 CFR part 1600 as follows: PART 1600--ORGANIZATION AND FUNCTIONS OF THE CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD 0 1. The authority citation continues to read as follows: Authority: 5 U.S.C. 301, 552(a)(1); 42 U.S.C. 7412(r)(6)(N). 0 2. Amend Sec. 1600.5 by revising paragraph (b) and adding a new paragraph (c) to read as follows: Sec. 1600.5 Quorum and voting requirements. * * * * * (b) Voting. The Board votes on items of business in meetings conducted pursuant to the Government in the Sunshine Act. Alternatively, whenever a Member of the Board is of the opinion that joint deliberation among the members of the Board upon any matter at a meeting is unnecessary in light of the nature of the matter, impracticable, or would impede the orderly disposition of agency business, such matter may be disposed of by employing notation voting procedures. A written notation of the vote of each participating Board member shall be recorded by the General Counsel who shall retain it in the records of the Board. If a Board member votes to calendar a notation item, the Board must consider the calendared notation item at a public meeting of the Board within 90 days of the date on which the item is calendared. A notation vote to schedule a public meeting may not be calendared. The Chairperson shall add any calendared notation item to the agenda for the next CSB public meeting if one is to occur within 90 days or to schedule a special meeting to consider any calendared notation item no later than 90 days from the calendar action. (c) Public Meetings and Agendas. The Chairperson, or in the absence of a chairperson, a member designated by the Board, shall schedule a minimum of four public meetings per year in Washington, DC, to take place during the months of October, January, April, and July. (1) Agenda. The Chairperson, or in the absence of a chairperson, a member designated by the Board, shall be responsible for preparation of a final meeting agenda. The final agenda may not differ in substance from the items published in the Sunshine Act notice for that meeting. Any member may submit agenda items related to CSB business for consideration at any public meeting, and the Chairperson shall include such items on the agenda. At a minimum, each quarterly meeting shall include the following agenda items: (i) Consideration and vote on any notation items calendared since the date of the last public meeting; (ii) A review by the Board of the schedule for completion of all open investigations, studies, and other important work of the Board; and (iii) A review and discussion by the Board of the progress in meeting the CSB's Annual Action Plan. (2) Publication of agenda information. The Chairperson shall be responsible for posting information related to any agenda item that is appropriate for public release on the CSB Web site no less than two days prior to a public meeting. [FR Doc. 2015-18318 Filed 8-5-15; 8:45 am] BILLING CODE P
![46822 Federal Register / Vol. 80, No. 151 / Thursday, August 6, 2015 / Rules and Regulations
The Codex Alimentarius is a joint in the preemption provisions of FFDCA § 180.411 Fluazifop-P-butyl; tolerances for
United Nations Food and Agriculture section 408(n)(4). As such, the Agency residues.
Organization/World Health has determined that this action will not (a) * * *
Organization food standards program, have a substantial direct effect on States
and it is recognized as an international or tribal governments, on the Parts
food safety standards-setting relationship between the national Commodity per
million
organization in trade agreements to government and the States or tribal
which the United States is a party. EPA governments, or on the distribution of
may establish a tolerance that is power and responsibilities among the * * * * *
different from a Codex MRL; however, various levels of government or between Sweet potato, roots ........................ 1.5
FFDCA section 408(b)(4) requires that the Federal Government and Indian
EPA explain the reasons for departing tribes. Thus, the Agency has determined * * * * *
from the Codex level. that Executive Order 13132, entitled [FR Doc. 2015–18825 Filed 8–5–15; 8:45 am]
The Codex has not established a MRL ‘‘Federalism’’ (64 FR 43255, August 10, BILLING CODE 6560–50–P
for fluazifop-P-butyl. 1999) and Executive Order 13175,
V. Conclusion entitled ‘‘Consultation and Coordination
with Indian Tribal Governments’’ (65 FR CHEMICAL SAFETY AND HAZARD
Therefore, the tolerance is amended 67249, November 9, 2000) do not apply INVESTIGATION BOARD
for residues of fluazifop-P-butyl in or on to this action. In addition, this action
sweet potato, roots from 0.05 ppm to 1.5 does not impose any enforceable duty or 40 CFR Part 1600
ppm. contain any unfunded mandate as
VI. Statutory and Executive Order described under Title II of the Unfunded Organization and Functions of the
Reviews Mandates Reform Act (UMRA) (2 U.S.C. Chemical Safety and Hazard
1501 et seq.). Investigation Board
This action amends a tolerance under
FFDCA section 408(d) in response to a This action does not involve any AGENCY: Chemical Safety and Hazard
petition submitted to the Agency. The technical standards that would require Investigation Board.
Office of Management and Budget Agency consideration of voluntary ACTION: Final rule.
(OMB) has exempted these types of consensus standards pursuant to section
actions from review under Executive 12(d) of the National Technology SUMMARY: This rule amends the quorum
Order 12866, entitled ‘‘Regulatory Transfer and Advancement Act and voting regulations of the Chemical
Planning and Review’’ (58 FR 51735, (NTTAA) (15 U.S.C. 272 note). Safety and Hazard Investigation Board
October 4, 1993). Because this action (CSB). The amendments add a
VII. Congressional Review Act requirement for the Chairperson to place
has been exempted from review under
Executive Order 12866, this action is notation votes that have been
Pursuant to the Congressional Review calendared for discussion at a Board
not subject to Executive Order 13211, Act (5 U.S.C. 801 et seq.), EPA will
entitled ‘‘Actions Concerning Meeting to the agenda of a public
submit a report containing this rule and meeting within 90 days of the
Regulations That Significantly Affect other required information to the U.S.
Energy Supply, Distribution, or Use’’ (66 calendared notation vote. The rule also
Senate, the U.S. House of adds a requirement for the Chairperson
FR 28355, May 22, 2001) or Executive Representatives, and the Comptroller
Order 13045, entitled ‘‘Protection of to conduct a minimum of four public
General of the United States prior to meetings per year in Washington, DC.
Children from Environmental Health publication of the rule in the Federal
Risks and Safety Risks’’ (62 FR 19885, DATES: Effective August 6, 2015.
Register. This action is not a ‘‘major
April 23, 1997). This action does not SUPPLEMENTARY INFORMATION: This final
rule’’ as defined by 5 U.S.C. 804(2).
contain any information collections rule will promote increased
subject to OMB approval under the List of Subjects in 40 CFR Part 180 transparency and accountability for
Paperwork Reduction Act (PRA) (44 Board activities. It aligns with the Open
Environmental protection, Government principles of transparency,
U.S.C. 3501 et seq.), nor does it require
Administrative practice and procedure, participation, and collaboration, as
any special considerations under
Agricultural commodities, Pesticides outlined in the Memorandum on
Executive Order 12898, entitled
and pests, Reporting and recordkeeping Transparency and Open Government
‘‘Federal Actions to Address
requirements. (74 FFR 4685, Jan. 26, 2009).
Environmental Justice in Minority
Populations and Low-Income Dated: July 23, 2015. The Board conducts most votes
Populations’’ (59 FR 7629, February 16, Susan Lewis, through a process of notation voting. In
1994). notation voting, Board Members may
Director, Registration Division, Office of
Since tolerances and exemptions that Pesticide Programs. vote to approve, disapprove, or calendar
are established on the basis of a petition a notation item for discussion at a
under FFDCA section 408(d), such as Therefore, 40 CFR chapter I is public meeting. In recent years, notation
the tolerance in this final rule, do not amended as follows: items have been calendared but then not
require the issuance of a proposed rule, placed on the agenda for discussion at
PART 180—[AMENDED] a public meeting of the Board. The
the requirements of the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601 et addition of language to 40 CFR
mstockstill on DSK4VPTVN1PROD with RULES
seq.), do not apply. ■ 1. The authority citation for part 180 1600.5(b) will ensure that calendaring is
This action directly regulates growers, continues to read as follows: used in the way it was intended. It will
food processors, food handlers, and food Authority: 21 U.S.C. 321(q), 346a and 371. require the consideration of calendared
retailers, not States or tribes, nor does notation votes at a public meeting
this action alter the relationships or ■ 2. In § 180.411, revise the commodity within 90 days of the calendaring
distribution of power and ‘‘Sweet potato, roots’’ in the table in action. Prior to the adoption of this
responsibilities established by Congress paragraph (a) to read as follows: amendment to the rule, calendaring
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![46824 Federal Register / Vol. 80, No. 151 / Thursday, August 6, 2015 / Rules and Regulations
effect on the economy of $100 million PART 1600—ORGANIZATION AND (i) Consideration and vote on any
or more. b. Will not cause a major FUNCTIONS OF THE CHEMICAL notation items calendared since the date
increase in costs or prices for SAFETY AND HAZARD of the last public meeting;
consumers, individual industries, INVESTIGATION BOARD (ii) A review by the Board of the
Federal, State, local government schedule for completion of all open
agencies or geographic regions. c. Does ■ 1. The authority citation continues to investigations, studies, and other
not have a significant adverse effect on read as follows: important work of the Board; and
Authority: 5 U.S.C. 301, 552(a)(1); 42 (iii) A review and discussion by the
competition, employment, investment,
U.S.C. 7412(r)(6)(N). Board of the progress in meeting the
productivity, innovation or the ability of CSB’s Annual Action Plan.
U.S.-based enterprises to compete with ■ 2. Amend § 1600.5 by revising (2) Publication of agenda information.
foreign-based enterprises. paragraph (b) and adding a new The Chairperson shall be responsible for
Regulatory Flexibility Act: The paragraph (c) to read as follows: posting information related to any
Regulatory Flexibility Act (5 U.S.C. 601 agenda item that is appropriate for
§ 1600.5 Quorum and voting requirements.
et seq.) requires that a rule that has a public release on the CSB Web site no
* * * * * less than two days prior to a public
significant economic impact on a
(b) Voting. The Board votes on items meeting.
substantial number of small entities, of business in meetings conducted
small businesses, or small organizations pursuant to the Government in the
[FR Doc. 2015–18318 Filed 8–5–15; 8:45 am]
must include an initial regulatory Sunshine Act. Alternatively, whenever a BILLING CODE P
flexibility analysis describing the Member of the Board is of the opinion
regulation’s impact on such small that joint deliberation among the
entities. This analysis need not be members of the Board upon any matter FEDERAL COMMUNICATIONS
undertaken if the agency has certified at a meeting is unnecessary in light of COMMISSION
that the regulation will not have a the nature of the matter, impracticable, 47 CFR Part 73
significant economic impact on a or would impede the orderly disposition
substantial number of small entities. 5 of agency business, such matter may be [GN Docket No. 12–268; FCC 15–69]
U.S.C. 605(b). The CSB has considered disposed of by employing notation
the impact of this rule under the voting procedures. A written notation of Expanding the Economic and
Regulatory Flexibility Act, and certifies the vote of each participating Board Innovation Opportunities of Spectrum
member shall be recorded by the through Incentive Auctions
that a final rule will not have a
significant economic impact on a General Counsel who shall retain it in AGENCY: Federal Communications
substantial number of small entities. the records of the Board. If a Board Commission.
member votes to calendar a notation ACTION: Final rule; petition for
Paperwork Reduction Act: The CSB
item, the Board must consider the reconsideration.
reviewed this rule to determine whether
calendared notation item at a public
it involves issues that would subject it meeting of the Board within 90 days of SUMMARY: In this Second Order on
to the Paperwork Reduction Act (PRA). the date on which the item is Reconsideration, the Commission
The CSB has determined that that the calendared. A notation vote to schedule addresses petitions for reconsideration
rule does not require a ‘‘collection of a public meeting may not be calendared. of our Order adopting rules to
information’’ under the PRA. The Chairperson shall add any implement the broadcast television
Unfunded Mandates Reform Act of calendared notation item to the agenda spectrum incentive auction. Based on
1995: The rule does not require the for the next CSB public meeting if one the rules we adopted in the Incentive
preparation of an assessment statement is to occur within 90 days or to schedule Auction R&O, we are now developing
in accordance with the Unfunded a special meeting to consider any the detailed procedures necessary to
Mandates Reform Act of 1995, 2 U.S.C. calendared notation item no later than govern the auction process. As we have
90 days from the calendar action. stated before, our intention is to begin
1531. This rule does not include a
(c) Public Meetings and Agendas. The accepting applications to participate in
federal mandate that may result in the
Chairperson, or in the absence of a the incentive auction in the fall of 2015,
annual expenditure by state, local, and and to start the bidding process in early
tribal governments, in the aggregate, or chairperson, a member designated by
the Board, shall schedule a minimum of 2016. We issue this Order now in order
by the private sector, of more than the to provide certainty for prospective
four public meetings per year in
annual threshold established by the Act bidders and other interested parties in
Washington, DC, to take place during
($128 million in 2006, adjusted the months of October, January, April, advance of the incentive auction. We
annually for inflation). and July. largely affirm our decisions in the
List of Subjects in 40 CFR Part 1600 (1) Agenda. The Chairperson, or in Incentive Auction R&O, although we
the absence of a chairperson, a member make certain clarifications and
Administrative practice and designated by the Board, shall be modifications in response to issues
procedure. responsible for preparation of a final raised by the petitioners.
Dated: July 22, 2015. meeting agenda. The final agenda may DATES: Effective September 8, 2015,
not differ in substance from the items except for the amendment to
Rick Engler,
published in the Sunshine Act notice § 73.3700(c)(6) which contains new or
mstockstill on DSK4VPTVN1PROD with RULES
Board Member. for that meeting. Any member may modified information collection
Accordingly, for the reasons set forth submit agenda items related to CSB requirements that have not been
business for consideration at any public approved by Office of Management and
in the preamble, the Chemical Safety
meeting, and the Chairperson shall Budget (OMB). The Federal
and Hazard Investigation Board amends
include such items on the agenda. At a Communications Commission will
40 CFR part 1600 as follows: minimum, each quarterly meeting shall publish a document in the Federal
include the following agenda items: Register announcing the effective date.
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Document Created: 2018-02-23 10:55:46
Document Modified: 2018-02-23 10:55:46
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective August 6, 2015. | |
| FR Citation | 80 FR 46822 |
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