82 FR 2294 - Nondiscrimination in Programs or Activities Receiving Federal Assistance From the Environmental Protection Agency
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 5 (January 9, 2017)
Federal Register Volume 82, Issue 5 (January 9, 2017)
| Page Range | 2294-2295 | |
| FR Document | 2017-00050 |
[Federal Register Volume 82, Number 5 (Monday, January 9, 2017)] [Proposed Rules] [Pages 2294-2295] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-00050] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 7 and 9 [EPA-HQ-OA-2013-0031; FRL-9958-03-OA] RIN 2090-AA39 Nondiscrimination in Programs or Activities Receiving Federal Assistance From the Environmental Protection Agency AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule; withdrawal. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is withdrawing a proposed rule for which the EPA no longer intends to issue a final rule. This document identifies the proposed rule and explains the EPA's decision to withdraw the proposal. The withdrawal of this proposed rule does not preclude the EPA from initiating the same or similar rulemaking at a future date. It does, however, close out the entry for this proposed rule in the EPA Semi-Annual Regulatory Agenda, published as part of the Unified Agenda of Federal Regulatory and Deregulatory Actions (Unified Agenda). Should the EPA decide at some future date to initiate the same or similar rulemaking, it will add an appropriate new entry to the EPA Semi-Annual Regulatory Agenda to reflect the initiation of the action. DATES: The EPA is withdrawing the proposed rule as of January 9, 2017. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-HQ-OA-2013-0031. All documents in the docket are listed on the http://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available electronically through http://www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Kurt Temple, Environmental Protection Agency, Office of Civil Rights, (Mail [[Page 2295]] Code 1201A), 1200 Pennsylvania Ave. NW., Washington, DC 20460, telephone number: (202) 564-7272 or (202) 564-7299; email address: [email protected]. SUPPLEMENTARY INFORMATION: I. Does this action apply to me? This action is directed to the public in general, and may be of particular interest to those persons who follow proposed rules related to the EPA's regulations about Nondiscrimination in Programs or Activities Receiving Federal Assistance from the EPA. Since others may also be interested, the EPA has not attempted to describe all the specific entities potentially interested. II. Why is the EPA issuing this withdrawal document? This document announces to the public that the EPA is withdrawing a certain proposed rule for which the EPA no longer intends to issue a final rule. For the reasons described in this document, the EPA has decided not to finalize this rulemaking at this time. By withdrawing the proposed rule, the EPA is eliminating the pending nature of the regulatory action. Should the EPA determine to pursue anything in these areas in the future, it will issue a new proposed rule and invite public comment through notice in the Federal Register. III. Background 1. What was proposed? On December 14, 2015, the EPA published a proposed rule in the Federal Register (80 FR 77284), to amend its nondiscrimination regulation regarding compliance information requirements for recipients of EPA financial assistance and Agency Compliance Procedures, as well as a technical correction to the reference to the Paperwork Reduction Act. 2. Why is it being withdrawn? The agency proposed amending its regulation to bring it into conformance with more than 20 other federal agencies. In other words, this proposed regulatory amendment concerned the EPA's internal processes, including the investigation of complaints and compliance reviews, and not obligations imposed on external stakeholders. Nonetheless, the EPA received several adverse comments about this proposed amendment; especially regarding the proposal to remove numeric deadlines from the administrative complaint processing regulations. The EPA has considered all comments received. Although the EPA continues to believe that the proposed amendments, including the elimination of the numeric deadlines, are needed in order to better position the EPA to strategically manage and individually tailor resolution approaches to its administrative investigation of complaints and compliance reviews, the EPA has decided to withdraw the proposed amendments. Instead of continuing to pursue this rulemaking, the EPA will implement and evaluate the ability of its internal procedural guidance documents and accountability measures that were finalized in December 2016 (including the Case Resolution Manual and the EPA's OCR External Compliance Program Strategic Plan) to achieve prompt effective, and efficient docket management. Based on its evaluation, the EPA may decide at some future date to initiate a new rulemaking to amend its non-discrimination regulation. The EPA is withdrawing the proposed amendments, as opposed to leaving them inactive, to promote transparency and certainty with regard to the status of its non- discrimination regulation. 3. Where can I get more information about this action? The EPA has established a docket for this action under Docket ID No. EPA-HQ-OA- 2013-0031. See the ADDRESSES section above for more detail information about this docket. List of Subjects 40 CFR Part 7 Environmental protection, Administrative practice and procedure, Age discrimination, Civil rights, Equal employment opportunity, Individuals with disabilities, Reporting and recordkeeping requirements, Sex discrimination. 40 CFR Part 9 Environmental protection, Control number, Office of Management and Budget, and Paperwork Reduction Act. Dated: December 29, 2016. Gina McCarthy, Administrator. [FR Doc. 2017-00050 Filed 1-6-17; 8:45 am] BILLING CODE 6560-50-P
![2294 Federal Register / Vol. 82, No. 5 / Monday, January 9, 2017 / Proposed Rules
available at https://postalpro.usps.com/ assessments, is provided in Publication these changes, if our proposal is
node/581. 6850, Publication for Streamlined Mail adopted.
List of Subjects in 39 CFR Part 111 Acceptance for Letters and Flats, at Stanley F. Mires,
https://postalpro.usps.com/node/581.
Administrative practice and Attorney, Federal Compliance.
procedure, Postal Service. 20.2 Approval [FR Doc. 2016–32056 Filed 1–6–17; 8:45 am]
Although exempt from the notice and BILLING CODE 7710–12–P
Mailers must be authorized by the
comment requirements of the
USPS to participate in the eInduction
Administrative Procedure Act (5 U.S.C.
program. ENVIRONMENTAL PROTECTION
553(b), (c)) regarding proposed
rulemaking by 39 U.S.C. 410(a), the 20.3 General Eligibility Standards AGENCY
Postal Service invites public comments
on the following proposed revisions to First-Class Mail, Periodicals, Standard 40 CFR Parts 7 and 9
Mailing Standards of the United States Mail letters and flats, and Bound [EPA–HQ–OA–2013–0031; FRL–9958–03–
Postal Service, Domestic Mail Manual Printed Matter presorted or carrier route OA]
(DMM), incorporated by reference in the barcoded flats and packages are eligible
for eInduction. All containers entered RIN 2090–AA39
Code of Federal Regulations. See 39 CFR
111.1. under eInduction must: Nondiscrimination in Programs or
Accordingly, 39 CFR part 111 is a. Be labeled with a USPS placard and Activities Receiving Federal
proposed to be amended as follows: a unique Intelligent Mail container Assistance From the Environmental
PART 111—[AMENDED] barcode. All required pallets and similar Protection Agency
containers (such as all-purpose
AGENCY: Environmental Protection
■ 1. The authority citation for 39 CFR containers, hampers, and gaylords) and
Agency (EPA).
part 111 continues to read as follows: all containers prepared under 8.0 must
ACTION: Proposed rule; withdrawal.
Authority: 5 U.S.C. 552(a); 13 U.S.C. 301– display container placards that include
307; 18 U.S.C. 1692–1737; 39 U.S.C. 101, accurately encoded Intelligent Mail SUMMARY: The Environmental Protection
401, 403, 404, 414, 416, 3001–3011, 3201– container barcodes (IMcb) as described Agency (EPA) is withdrawing a
3219, 3403–3406, 3621, 3622, 3626, 3632, in 708.6.6. Mailing documentation must proposed rule for which the EPA no
3633, and 5001. indicate each container participating in longer intends to issue a final rule. This
■ 2. Revise the following sections of eInduction. b. Be part of a mailing using document identifies the proposed rule
Mailing Standards of the United States an approved electronic method to and explains the EPA’s decision to
Postal Service, Domestic Mail Manual transmit a postage statement and withdraw the proposal. The withdrawal
(DMM), as follows: mailing documentation to the of this proposed rule does not preclude
Mailing Standards of the United States PostalOne! system. the EPA from initiating the same or
Postal Service, Domestic Mail Manual c. Not include containers included on similar rulemaking at a future date. It
(DMM) paper PS Forms 8125/8017. does, however, close out the entry for
this proposed rule in the EPA Semi-
* * * * * d. Be included on a scheduled FAST Annual Regulatory Agenda, published
appointment when entered at a USPS as part of the Unified Agenda of Federal
700 Special Standards
processing facility. Regulatory and Deregulatory Actions
* * * * * (Unified Agenda). Should the EPA
20.4 Additional Standards
705 Advanced Preparation and decide at some future date to initiate the
Special Postage Payment Systems 20.4.1 Special Support for Continuous same or similar rulemaking, it will add
Mailers an appropriate new entry to the EPA
* * * * *
[Add new section 20.0, to read as Semi-Annual Regulatory Agenda to
Mailers who cannot generate a reflect the initiation of the action.
follows:] finalized postage statement two hours
DATES: The EPA is withdrawing the
20.0 eInduction Option before container entry may request
proposed rule as of January 9, 2017.
approval for an eInduction Continuous
20.1 Description ADDRESSES: The EPA has established a
Mailer ID, (MID). Once approved,
Electronic Induction (eInduction) is mailers using an authorized MID in the docket for this action under Docket ID
an electronic alternative to using the No. EPA–HQ–OA–2013–0031. All
IMcb may enter any container with the
following paper PS Forms 8125, 8125C, documents in the docket are listed on
approved MID in the IMcb prior to the
8125CD, and 8017 for all containers the http://www.regulations.gov Web
receipt of electronic documentation.
entered at the dock of a processing site. Although listed in the index, some
Mailers are required to submit an eDoc
facility or claiming a Destination information is not publicly available,
and generate a finalized postage
Delivery Unit (DDU) discount. e.g., CBI or other information whose
statement for all eInduction MID disclosure is restricted by statute.
eInduction uses Intelligent Mail containers within one calendar day of
container barcode (IMcb) scans to Certain other material, such as
the unload scan. Mailers may request copyrighted material, is not placed on
determine container payment and
mstockstill on DSK3G9T082PROD with PROPOSALS
authorization for an MID through the the Internet and will be publicly
delivery status, and verifies payment Business Customer Gateway. The USPS
and entry location by matching IMcb available only in hard copy form.
must approve the mailer request before Publicly available docket materials are
scan data to electronic documentation the mailer may participate in the MID
(eDoc) information. Containers are available electronically through http://
process. www.regulations.gov.
eligible for eInduction at certain
designated facilities. Additional * * * * * FOR FURTHER INFORMATION CONTACT: Kurt
information, including information We will publish an appropriate Temple, Environmental Protection
regarding verification and associated amendment to 39 CFR part 111 to reflect Agency, Office of Civil Rights, (Mail
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![Federal Register / Vol. 82, No. 5 / Monday, January 9, 2017 / Proposed Rules 2295
Code 1201A), 1200 Pennsylvania Ave. to better position the EPA to ENVIRONMENTAL PROTECTION
NW., Washington, DC 20460, telephone strategically manage and individually AGENCY
number: (202) 564–7272 or (202) 564– tailor resolution approaches to its
7299; email address: temple.kurt@ administrative investigation of 40 CFR Part 52
epa.gov. complaints and compliance reviews, the [EPA–R04–OAR–2014–0430; FRL–9957–91–
SUPPLEMENTARY INFORMATION: EPA has decided to withdraw the Region 4]
proposed amendments.
I. Does this action apply to me? Air Quality Plans; Tennessee;
Instead of continuing to pursue this Infrastructure Requirements for the
This action is directed to the public
rulemaking, the EPA will implement 2012 PM2.5 National Ambient Air
in general, and may be of particular
interest to those persons who follow and evaluate the ability of its internal Quality Standard
proposed rules related to the EPA’s procedural guidance documents and
accountability measures that were AGENCY: Environmental Protection
regulations about Nondiscrimination in Agency.
Programs or Activities Receiving finalized in December 2016 (including
the Case Resolution Manual and the ACTION: Proposed rule.
Federal Assistance from the EPA. Since
others may also be interested, the EPA EPA’s OCR External Compliance SUMMARY: The Environmental Protection
has not attempted to describe all the Program Strategic Plan) to achieve Agency (EPA) is proposing to approve
specific entities potentially interested. prompt effective, and efficient docket the State Implementation Plan (SIP)
management. Based on its evaluation, submission, submitted by the State of
II. Why is the EPA issuing this
the EPA may decide at some future date Tennessee, through the Tennessee
withdrawal document?
to initiate a new rulemaking to amend Department of Environment and
This document announces to the its non-discrimination regulation. The Conservation (TDEC), on December 16,
public that the EPA is withdrawing a EPA is withdrawing the proposed 2015, for inclusion into the Tennessee
certain proposed rule for which the EPA amendments, as opposed to leaving SIP. This proposal pertains to the
no longer intends to issue a final rule. infrastructure requirements of the Clean
them inactive, to promote transparency
For the reasons described in this Air Act (CAA or Act) for the 2012
document, the EPA has decided not to and certainty with regard to the status
of its non-discrimination regulation. Annual Fine Particulate Matter (PM2.5)
finalize this rulemaking at this time. By national ambient air quality standard
withdrawing the proposed rule, the EPA 3. Where can I get more information
(NAAQS). The CAA requires that each
is eliminating the pending nature of the about this action? The EPA has state adopt and submit a SIP for the
regulatory action. Should the EPA established a docket for this action implementation, maintenance and
determine to pursue anything in these under Docket ID No. EPA–HQ–OA– enforcement of each NAAQS
areas in the future, it will issue a new 2013–0031. See the ADDRESSES section promulgated by EPA, which is
proposed rule and invite public above for more detail information about commonly referred to as an
comment through notice in the Federal this docket. ‘‘infrastructure SIP submission.’’ TDEC
Register. certified that the Tennessee SIP contains
List of Subjects
III. Background provisions that ensure the 2012 Annual
1. What was proposed? On December 40 CFR Part 7 PM2.5 NAAQS is implemented,
14, 2015, the EPA published a proposed enforced, and maintained in Tennessee.
Environmental protection, EPA is proposing to determine that
rule in the Federal Register (80 FR Administrative practice and procedure,
77284), to amend its nondiscrimination portions of Tennessee’s infrastructure
Age discrimination, Civil rights, Equal SIP submission, provided to EPA on
regulation regarding compliance
employment opportunity, Individuals December 16, 2015, satisfy certain
information requirements for recipients
with disabilities, Reporting and required infrastructure elements for the
of EPA financial assistance and Agency
Compliance Procedures, as well as a recordkeeping requirements, Sex 2012 Annual PM2.5 NAAQS.
technical correction to the reference to discrimination. DATES: Written comments must be
the Paperwork Reduction Act. received on or before February 8, 2017.
40 CFR Part 9
2. Why is it being withdrawn? The ADDRESSES: Submit your comments,
agency proposed amending its Environmental protection, Control identified by Docket ID No. EPA–R04–
regulation to bring it into conformance number, Office of Management and OAR–2014–0430 at http://
with more than 20 other federal Budget, and Paperwork Reduction Act. www.regulations.gov. Follow the online
agencies. In other words, this proposed instructions for submitting comments.
Dated: December 29, 2016.
regulatory amendment concerned the Once submitted, comments cannot be
EPA’s internal processes, including the Gina McCarthy, edited or removed from Regulations.gov.
investigation of complaints and Administrator. The EPA may publish any comment
compliance reviews, and not obligations [FR Doc. 2017–00050 Filed 1–6–17; 8:45 am] received to its public docket. Do not
imposed on external stakeholders. BILLING CODE 6560–50–P submit electronically any information
Nonetheless, the EPA received several you consider to be Confidential
adverse comments about this proposed Business Information (CBI) or other
amendment; especially regarding the information whose disclosure is
mstockstill on DSK3G9T082PROD with PROPOSALS
proposal to remove numeric deadlines restricted by statute. Multimedia
from the administrative complaint submissions (audio, video, etc.) must be
processing regulations. The EPA has accompanied by a written comment.
considered all comments received. The written comment is considered the
Although the EPA continues to believe official comment and should include
that the proposed amendments, discussion of all points you wish to
including the elimination of the make. The EPA will generally not
numeric deadlines, are needed in order consider comments or comment
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Document Created: 2018-10-24 11:10:05
Document Modified: 2018-10-24 11:10:05
| 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 | Proposed Rules | |
| Action | Proposed rule; withdrawal. | |
| Dates | The EPA is withdrawing the proposed rule as of January 9, 2017. | |
| Contact | Kurt Temple, Environmental Protection Agency, Office of Civil Rights, (Mail Code 1201A), 1200 Pennsylvania Ave. NW., Washington, DC 20460, | |
| FR Citation | 82 FR 2294 | |
| RIN Number | 2090-AA39 | |
| CFR Citation | 40
CFR
7 40 CFR 9 | |
| CFR Associated | Environmental Protection; Administrative Practice and Procedure; Age Discrimination; Civil Rights; Equal Employment Opportunity; Individuals with Disabilities; Reporting and Recordkeeping Requirements; Sex Discrimination; Control Number; Office of Management and Budget and Paperwork Reduction Act |
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