82_FR_9707 82 FR 9682 - Uniform National Discharge Standards for Vessels of the Armed Forces-Phase II Batch One: Delay of Effective Date

82 FR 9682 - Uniform National Discharge Standards for Vessels of the Armed Forces-Phase II Batch One: Delay of Effective Date

ENVIRONMENTAL PROTECTION AGENCY
DEPARTMENT OF DEFENSE

Federal Register Volume 82, Issue 25 (February 8, 2017)

Page Range9682-9682
FR Document2017-02594

In accordance with the Presidential directive as expressed in the memorandum of January 20, 2017, from the Assistant to the President and Chief of Staff, entitled ``Regulatory Freeze Pending Review,'' this action temporarily delays until March 21, 2017, the effective date of the rule entitled Uniform National Discharge Standards for Vessels of the Armed Forces--Phase II Batch One, published in the Federal Register on January 11, 2017.

Federal Register, Volume 82 Issue 25 (Wednesday, February 8, 2017)
[Federal Register Volume 82, Number 25 (Wednesday, February 8, 2017)]
[Rules and Regulations]
[Page 9682]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-02594]



[[Page 9682]]

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ENVIRONMENTAL PROTECTION AGENCY

DEPARTMENT OF DEFENSE

40 CFR Part 1700

[EPA-HQ-OW-2013-0469; FRL-9959-30-OW]


Uniform National Discharge Standards for Vessels of the Armed 
Forces--Phase II Batch One: Delay of Effective Date

AGENCY: Environmental Protection Agency (EPA) and Department of Defense 
(DOD).

ACTION: Final rule; delay of effective date.

-----------------------------------------------------------------------

SUMMARY: In accordance with the Presidential directive as expressed in 
the memorandum of January 20, 2017, from the Assistant to the President 
and Chief of Staff, entitled ``Regulatory Freeze Pending Review,'' this 
action temporarily delays until March 21, 2017, the effective date of 
the rule entitled Uniform National Discharge Standards for Vessels of 
the Armed Forces--Phase II Batch One, published in the Federal Register 
on January 11, 2017.

DATES: This final rule is effective February 8, 2017. The effective 
date of the regulation titled Uniform National Discharge Standards for 
Vessels of the Armed Forces--Phase II Batch One, published in the 
Federal Register on January 11, 2017, at 82 FR 3173, is delayed from 
February 10, 2017 to a new effective date of March 21, 2017.

FOR FURTHER INFORMATION CONTACT: Katherine B. Weiler, Marine Pollution 
Control Branch (4504T), U.S. EPA, 1200 Pennsylvania Avenue NW., 
Washington, DC 20460; (202) 566-1280; [email protected], or Mike 
Pletke, Chief of Naval Operations (N45), 2000 Navy Pentagon (Rm. 
2D253), Washington, DC 20350-2000; (703) 695-5184; 
[email protected].

SUPPLEMENTARY INFORMATION: Environmental Protection Agency (EPA) and 
Department of Defense (DOD) base this action on the Presidential 
directive as expressed in the memorandum of January 20, 2017, from the 
Assistant to the President and Chief of Staff, entitled ``Regulatory 
Freeze Pending Review.'' That memorandum directed the heads of 
Executive Departments and Agencies to temporarily postpone for sixty 
days from the date of the memorandum the effective dates of all 
regulations that had been published in the Federal Register but had not 
yet taken effect. The rule entitled Uniform National Discharge 
Standards for Vessels of the Armed Forces--Phase II Batch One is 
subject to the effective date delay. The new effective date for the 
regulation is March 21, 2017.
    The EPA's and DOD's implementation of this action without 
opportunity for public comment is based on the good cause exceptions in 
5 U.S.C. 553(b)(B) and 553(d)(3), in that seeking public comment is 
impracticable, unnecessary and contrary to the public interest. The 
temporary delay in effective date until March 21, 2017, is necessary to 
give the EPA and DOD officials the opportunity for further review and 
consideration of new regulation, consistent with the memorandum of the 
Assistant to the President and Chief of Staff, dated January 20, 2017. 
Given the imminence of the effective date, seeking prior public comment 
on this temporary delay would have been impractical, as well as 
contrary to the public interest in the orderly promulgation and 
implementation of regulations.
    By focusing the two agencies' attention on the substance of the 
regulation rather than soliciting comment on a decision to delay their 
effective date until March 21, 2017, the EPA and DOD can minimize or 
obviate the need for further temporary delays beyond March 21, 2017.
    For the foregoing reasons, the good cause exceptions in 5 U.S.C. 
553(b)(B) and 553(d)(3) also apply to the EPA's and DOD's decisions to 
make this action effectively immediately.
    If deemed appropriate, the EPA and DOD may consider delaying the 
effective date of this regulation beyond March 21, 2017. If the EPA and 
DOD were to do so, consistent with the memorandum of the Assistant to 
the President and Chief of Staff, the two agencies would propose any 
later effective date for public comment.

    Dated: January 27, 2017.
Catherine McCabe,
Acting Administrator.
    Dated: January 27, 2017.
Steven R. Iselin,
Acting Assistant Secretary of the Navy (Energy, Installations, and 
Environment).
[FR Doc. 2017-02594 Filed 2-7-17; 8:45 am]
 BILLING CODE 6560-50-P



                                                9682             Federal Register / Vol. 82, No. 25 / Wednesday, February 8, 2017 / Rules and Regulations

                                                ENVIRONMENTAL PROTECTION                                Standards for Vessels of the Armed                    NATIONAL RAILROAD PASSENGER
                                                AGENCY                                                  Forces—Phase II Batch One is subject to               CORPORATION
                                                                                                        the effective date delay. The new
                                                DEPARTMENT OF DEFENSE                                   effective date for the regulation is March            49 CFR Part 701
                                                                                                        21, 2017.
                                                40 CFR Part 1700                                                                                              Revision of the Freedom of Information
                                                                                                           The EPA’s and DOD’s implementation                 Act Regulations of the National
                                                [EPA–HQ–OW–2013–0469; FRL–9959–30–                      of this action without opportunity for                Railroad Passenger Corporation
                                                OW]                                                     public comment is based on the good
                                                                                                        cause exceptions in 5 U.S.C. 553(b)(B)                AGENCY:  National Railroad Passenger
                                                Uniform National Discharge Standards                                                                          Corporation.
                                                for Vessels of the Armed Forces—                        and 553(d)(3), in that seeking public
                                                                                                                                                              ACTION: Final rule.
                                                Phase II Batch One: Delay of Effective                  comment is impracticable, unnecessary
                                                Date                                                    and contrary to the public interest. The              SUMMARY:    This final rule sets forth
                                                                                                        temporary delay in effective date until               revisions of the Freedom of Information
                                                AGENCY:  Environmental Protection                       March 21, 2017, is necessary to give the              Act (FOIA) regulations of the National
                                                Agency (EPA) and Department of                          EPA and DOD officials the opportunity                 Railroad Passenger Corporation
                                                Defense (DOD).                                          for further review and consideration of               (‘‘Amtrak’’). Amtrak is revising its FOIA
                                                ACTION: Final rule; delay of effective                  new regulation, consistent with the                   regulations to incorporate the changes
                                                date.                                                   memorandum of the Assistant to the                    brought about by the FOIA
                                                                                                        President and Chief of Staff, dated                   Improvement Act of 2016 and to update,
                                                SUMMARY:   In accordance with the                       January 20, 2017. Given the imminence                 clarify, and streamline the language of
                                                Presidential directive as expressed in                                                                        its regulations to make the FOIA process
                                                                                                        of the effective date, seeking prior
                                                the memorandum of January 20, 2017,                                                                           easier for the public to navigate.
                                                                                                        public comment on this temporary
                                                from the Assistant to the President and                                                                       DATES: This final rule is effective March
                                                Chief of Staff, entitled ‘‘Regulatory                   delay would have been impractical, as
                                                                                                        well as contrary to the public interest in            10, 2017.
                                                Freeze Pending Review,’’ this action
                                                                                                        the orderly promulgation and                          FOR FURTHER INFORMATION CONTACT:
                                                temporarily delays until March 21,
                                                2017, the effective date of the rule                    implementation of regulations.                        Sharron H. Hawkins, Lead FOIA
                                                entitled Uniform National Discharge                        By focusing the two agencies’                      Specialist, 202–906–3741 or
                                                Standards for Vessels of the Armed                                                                            foiarequests@amtrak.com.
                                                                                                        attention on the substance of the
                                                Forces—Phase II Batch One, published                                                                          SUPPLEMENTARY INFORMATION: Amtrak’s
                                                                                                        regulation rather than soliciting
                                                in the Federal Register on January 11,                  comment on a decision to delay their                  FOIA regulations were last revised on
                                                2017.                                                                                                         February 13, 1998. Since that time, there
                                                                                                        effective date until March 21, 2017, the
                                                                                                                                                              have been several major changes to the
                                                DATES: This final rule is effective                     EPA and DOD can minimize or obviate
                                                                                                                                                              FOIA, including the FOIA Improvement
                                                February 8, 2017. The effective date of                 the need for further temporary delays                 Act of 2016 (Pub. L. 114–185), which
                                                the regulation titled Uniform National                  beyond March 21, 2017.                                requires all agencies to review and
                                                Discharge Standards for Vessels of the                     For the foregoing reasons, the good                update their FOIA regulations in
                                                Armed Forces—Phase II Batch One,
                                                                                                        cause exceptions in 5 U.S.C. 553(b)(B)                accordance with its provisions. The Act
                                                published in the Federal Register on
                                                                                                        and 553(d)(3) also apply to the EPA’s                 contains several substantive and
                                                January 11, 2017, at 82 FR 3173, is
                                                                                                        and DOD’s decisions to make this action               procedural amendments to the FOIA,
                                                delayed from February 10, 2017 to a
                                                                                                        effectively immediately.                              which include requirements that
                                                new effective date of March 21, 2017.
                                                                                                           If deemed appropriate, the EPA and                 agencies establish a minimum of 90
                                                FOR FURTHER INFORMATION CONTACT:                                                                              days for requesters to file an
                                                Katherine B. Weiler, Marine Pollution                   DOD may consider delaying the
                                                                                                                                                              administrative appeal and that they
                                                Control Branch (4504T), U.S. EPA, 1200                  effective date of this regulation beyond
                                                                                                                                                              provide dispute resolution services at
                                                Pennsylvania Avenue NW., Washington,                    March 21, 2017. If the EPA and DOD
                                                                                                                                                              various times throughout the FOIA
                                                DC 20460; (202) 566–1280;                               were to do so, consistent with the                    process.
                                                weiler.katherine@epa.gov, or Mike                       memorandum of the Assistant to the                       Based on the amendments to the
                                                Pletke, Chief of Naval Operations (N45),                President and Chief of Staff, the two                 FOIA, developments in the case law,
                                                2000 Navy Pentagon (Rm. 2D253),                         agencies would propose any later                      and the practical experience of its FOIA
                                                Washington, DC 20350–2000; (703) 695–                   effective date for public comment.                    staff, Amtrak issued a proposed rule on
                                                5184; mike.pletke@navy.mil.                               Dated: January 27, 2017.                            November 23, 2016 to amend its FOIA
                                                SUPPLEMENTARY INFORMATION:                              Catherine McCabe,                                     regulations. See 81 FR 84531. Amtrak
                                                Environmental Protection Agency (EPA)                                                                         accepted comments on the proposed
                                                                                                        Acting Administrator.
                                                and Department of Defense (DOD) base                                                                          rule through December 23, 2016.
                                                this action on the Presidential directive                 Dated: January 27, 2017.                            Amtrak received several comments in
                                                as expressed in the memorandum of                       Steven R. Iselin,                                     response to its proposed rule. Amtrak
                                                January 20, 2017, from the Assistant to                 Acting Assistant Secretary of the Navy                has given due consideration to the
                                                the President and Chief of Staff, entitled              (Energy, Installations, and Environment).             comments it has received and has made
                                                ‘‘Regulatory Freeze Pending Review.’’                   [FR Doc. 2017–02594 Filed 2–7–17; 8:45 am]            a few modifications to its rule. The
                                                That memorandum directed the heads                      BILLING CODE 6560–50–P
                                                                                                                                                              majority of these changes was stylistic
jstallworth on DSK7TPTVN1PROD with RULES




                                                of Executive Departments and Agencies                                                                         and involved clarifying, reorganizing, or
                                                to temporarily postpone for sixty days                                                                        revising provisions. Some of the
                                                from the date of the memorandum the                                                                           substantive changes included: Revision
                                                effective dates of all regulations that had                                                                   of section 701.5(c)(2) so that a revised
                                                been published in the Federal Register                                                                        request will not be treated as a new
                                                but had not yet taken effect. The rule                                                                        request; removal of ‘‘staff’’ in section
                                                entitled Uniform National Discharge                                                                           701.5 (e); reformulation of section 701.6;


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Document Created: 2017-02-08 02:59:35
Document Modified: 2017-02-08 02:59:35
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
ActionFinal rule; delay of effective date.
DatesThis final rule is effective February 8, 2017. The effective date of the regulation titled Uniform National Discharge Standards for Vessels of the Armed Forces--Phase II Batch One, published in the Federal Register on January 11, 2017, at 82 FR 3173, is delayed from February 10, 2017 to a new effective date of March 21, 2017.
ContactKatherine B. Weiler, Marine Pollution Control Branch (4504T), U.S. EPA, 1200 Pennsylvania Avenue NW., Washington, DC 20460; (202) 566-1280; [email protected], or Mike Pletke, Chief of Naval Operations (N45), 2000 Navy Pentagon (Rm. 2D253), Washington, DC 20350-2000; (703) 695-5184; [email protected]
FR Citation82 FR 9682 

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