81_FR_71814 81 FR 71613 - Participation by Disadvantaged Business Enterprises in Procurements Under EPA Financial Assistance Agreements

81 FR 71613 - Participation by Disadvantaged Business Enterprises in Procurements Under EPA Financial Assistance Agreements

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 201 (October 18, 2016)

Page Range71613-71613
FR Document2016-25169

Because EPA received comments which could be construed as adverse, we are withdrawing the direct final rule to amend Part 33-- Participation by Disadvantaged Business Enterprises in Procurements under EPA Financial Assistance Agreements published on July 28, 2016.

Federal Register, Volume 81 Issue 201 (Tuesday, October 18, 2016)
[Federal Register Volume 81, Number 201 (Tuesday, October 18, 2016)]
[Rules and Regulations]
[Page 71613]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-25169]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 33

[EPA-HQ-OA-2016-0457; FRL-9954-30-OA]
RIN 2090-AA40


Participation by Disadvantaged Business Enterprises in 
Procurements Under EPA Financial Assistance Agreements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of direct final rule.

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SUMMARY: Because EPA received comments which could be construed as 
adverse, we are withdrawing the direct final rule to amend Part 33--
Participation by Disadvantaged Business Enterprises in Procurements 
under EPA Financial Assistance Agreements published on July 28, 2016.

DATES: Effective October 18, 2016 the rule published in the Federal 
Register of July 28, 2016 (81 FR 49539) (FRL-9946-27-OA) is withdrawn.

FOR FURTHER INFORMATION CONTACT: Teree Henderson, Office of the 
Administrator, Office of Small Business Programs (mail code: 1230A), 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW., 
Washington, DC 20460; telephone number: 202-566-2222; fax number: 202-
566-0548; email address: [email protected].

SUPPLEMENTARY INFORMATION: On July 28, 2016, we published a direct 
final rule (81 FR 49539) and a parallel proposal (81 FR 49591) amending 
the provisions for Part 33--Participation by Disadvantaged Business 
Enterprises in Procurements under EPA Financial Assistance Agreements. 
These amendments were issued as a direct final rule, along with a 
parallel proposal to be used as the basis for final action in the event 
EPA received any adverse comments on the direct final amendments. 
Because EPA received comments which could be construed as adverse, we 
are withdrawing the direct final rule to amend the general provisions 
for part 33 published on July 28, 2016.
    We stated in the direct final rule that if we received adverse 
comment by August 29, 2016, the direct final rule would not take effect 
and we would publish a timely withdrawal in the Federal Register. We 
subsequently received comments that could be construed as adverse on 
that direct final rule. We will address those comments in a subsequent 
final action based on the parallel proposal published on July 28, 2016 
(81 FR 49591). As stated in the direct final rule and the parallel 
proposed rule, we will not institute a second comment period on this 
action.

List of Subjects in 40 CFR Part 33

    Environmental protection, Grant programs.

    Dated: October 12, 2016.
Gina McCarthy,
Administrator.
[FR Doc. 2016-25169 Filed 10-17-16; 8:45 am]
BILLING CODE 6560-50-P



                                                            Federal Register / Vol. 81, No. 201 / Tuesday, October 18, 2016 / Rules and Regulations                                       71613

                                           a.m. on October 22, 2016, and the Isabel                adverse, we are withdrawing the direct                ENVIRONMENTAL PROTECTION
                                           S. Holmes Bridge will be maintained in                  final rule to amend Part 33—                          AGENCY
                                           the closed-to-navigation position from                  Participation by Disadvantaged Business
                                           9:30 a.m. to 6 p.m. on October 22, 2016.                Enterprises in Procurements under EPA                 40 CFR Parts 51, 52, 55, 70, 71 and 124
                                           These bridges are both double bascule                   Financial Assistance Agreements                       [EPA–HQ–OAR–2015–0090; FRL–9954–10–
                                           drawbridges and have vertical                           published on July 28, 2016.                           OAR]
                                           clearances in the closed-to-navigation
                                           position of 20 feet and 40 feet,                        DATES:  Effective October 18, 2016 the                RIN 2060–AS59
                                           respectively, above mean high water.                    rule published in the Federal Register
                                              The Atlantic Intracoastal Waterway is                of July 28, 2016 (81 FR 49539) (FRL–                  Revisions to Public Notice Provisions
                                           used by a variety of vessels including,                 9946–27–OA) is withdrawn.                             in Clean Air Act Permitting Programs
                                           small commercial fishing vessels and                    FOR FURTHER INFORMATION CONTACT:                      AGENCY:  Environmental Protection
                                           recreational vessels. The Northeast Cape                                                                      Agency (EPA).
                                                                                                   Teree Henderson, Office of the
                                           Fear River is used by a variety of vessels                                                                    ACTION: Final rule.
                                                                                                   Administrator, Office of Small Business
                                           including, small commercial fishing
                                           vessels, recreational vessels, and tug                  Programs (mail code: 1230A),                          SUMMARY:   The U.S. Environmental
                                           and barge traffic. The Coast Guard has                  Environmental Protection Agency, 1200                 Protection Agency (EPA) is revising the
                                           carefully coordinated the restrictions                  Pennsylvania Ave. NW., Washington,                    public notice rule provisions for the
                                           with waterway users in publishing this                  DC 20460; telephone number: 202–566–                  New Source Review (NSR), title V and
                                           temporary deviation.                                    2222; fax number: 202–566–0548; email                 Outer Continental Shelf (OCS) permit
                                              Vessels able to pass through these                   address: henderson.teree@epa.gov.                     programs of the Clean Air Act (CAA or
                                           bridges in their closed positions may do                SUPPLEMENTARY INFORMATION:      On July               Act) and corresponding onshore area
                                           so at any time. These bridges will be                   28, 2016, we published a direct final                 (COA) determinations for
                                           able to open for emergencies and there                  rule (81 FR 49539) and a parallel                     implementation of the OCS air quality
                                           are no immediate alternative routes for                                                                       regulations. This final rule removes the
                                                                                                   proposal (81 FR 49591) amending the
                                           vessels to pass. The Coast Guard will                                                                         mandatory requirement to provide
                                                                                                   provisions for Part 33—Participation by
                                           also inform the users of the waterway                                                                         public notice of a draft air permit (as
                                                                                                   Disadvantaged Business Enterprises in
                                           through our Local and Broadcast                                                                               well as certain other program actions)
                                           Notices to Mariners of the change in                    Procurements under EPA Financial                      through publication in a newspaper.
                                           operating schedules for these bridges so                Assistance Agreements. These                          Instead, this final rule requires
                                           that vessel operators can arrange their                 amendments were issued as a direct                    electronic notice (e-notice) for EPA
                                           transits to minimize any impact caused                  final rule, along with a parallel proposal            actions (and actions by permitting
                                           by the temporary deviation.                             to be used as the basis for final action              authorities implementing the federal
                                              In accordance with 33 CFR 117.35(e),                 in the event EPA received any adverse                 permitting rules) and allows for e-notice
                                           these drawbridges must return to their                  comments on the direct final                          as an option for actions by permitting
                                           regular operating schedules                             amendments. Because EPA received                      authorities implementing EPA-approved
                                           immediately at the end of the effective                 comments which could be construed as                  programs. When e-notice is provided,
                                           periods of this temporary deviation.                    adverse, we are withdrawing the direct                the final rule requires, at a minimum,
                                           This deviation from the operating                       final rule to amend the general                       electronic access (e-access) to the draft
                                           regulations is authorized under 33 CFR                  provisions for part 33 published on July              permit. However, this final rule does not
                                           117.35.                                                 28, 2016.                                             preclude a permitting authority from
                                             Dated: October 13, 2016.                                 We stated in the direct final rule that            supplementing e-notice with newspaper
                                           Hal R. Pitts,                                           if we received adverse comment by                     notice and/or additional means of
                                                                                                                                                         notification to the public. The EPA
                                           Bridge Program Manager, Fifth Coast Guard               August 29, 2016, the direct final rule
                                           District.                                                                                                     anticipates that e-notice, which is
                                                                                                   would not take effect and we would
                                                                                                                                                         already being practiced by many
                                           [FR Doc. 2016–25183 Filed 10–17–16; 8:45 am]            publish a timely withdrawal in the
                                                                                                                                                         permitting authorities, will enable
                                           BILLING CODE 9110–04–P                                  Federal Register. We subsequently                     permitting authorities to communicate
                                                                                                   received comments that could be                       permitting and other affected actions to
                                                                                                   construed as adverse on that direct final             the public more quickly and efficiently
                                           ENVIRONMENTAL PROTECTION                                rule. We will address those comments                  and will provide cost savings over
                                           AGENCY                                                  in a subsequent final action based on                 newspaper publication. The EPA further
                                                                                                   the parallel proposal published on July               anticipates that e-access will expand
                                           40 CFR Part 33                                          28, 2016 (81 FR 49591). As stated in the              access to permit-related documents.
                                           [EPA–HQ–OA–2016–0457; FRL–9954–30–                      direct final rule and the parallel                    DATES: The effective date of this final
                                           OA]                                                     proposed rule, we will not institute a                rule is November 17, 2016.
                                           RIN 2090–AA40                                           second comment period on this action.                 ADDRESSES: The EPA has established a
                                                                                                   List of Subjects in 40 CFR Part 33                    docket for this action under Docket ID
                                           Participation by Disadvantaged                                                                                No. EPA–HQ–OAR–2015–0090. All
                                           Business Enterprises in Procurements                      Environmental protection, Grant                     documents in the docket are listed on
                                           Under EPA Financial Assistance                          programs.                                             the http://www.regulations.gov Web
                                           Agreements                                                                                                    site. Although listed in the index, some
                                                                                                     Dated: October 12, 2016.
Lhorne on DSK30JT082PROD with RULES




                                           AGENCY: Environmental Protection                                                                              information is not publicly available,
                                                                                                   Gina McCarthy,
                                           Agency (EPA).                                                                                                 e.g., Confidential Business Information
                                                                                                   Administrator.                                        (CBI) or other information whose
                                           ACTION: Withdrawal of direct final rule.
                                                                                                   [FR Doc. 2016–25169 Filed 10–17–16; 8:45 am]          disclosure is restricted by statute.
                                           SUMMARY:Because EPA received                            BILLING CODE 6560–50–P                                Certain other material, such as
                                           comments which could be construed as                                                                          copyrighted material, is not placed on


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Document Created: 2016-10-17 23:52:34
Document Modified: 2016-10-17 23:52:34
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionWithdrawal of direct final rule.
DatesEffective October 18, 2016 the rule published in the Federal Register of July 28, 2016 (81 FR 49539) (FRL-9946-27-OA) is withdrawn.
ContactTeree Henderson, Office of the Administrator, Office of Small Business Programs (mail code: 1230A), Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone number: 202-566-2222; fax number: 202-
FR Citation81 FR 71613 
RIN Number2090-AA40

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