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15912 Federal Register / Vol. 73 , No. 59 / Wednesday , March 26 , 2008 / Rules and Regulations
<br /> good faith efforts to ensure that DBEs supply , distribution, or use of energy , report containing this rule and other
<br /> are used whenever possible . EPA is EPA has concluded that this rule is not required information to the U . S . Senate ,
<br /> changing this requirement. EPA does likely to have any adverse energy the U . S . House of Representatives , and
<br /> not believe that the good faith effort effects . the Comptroller General of the United
<br /> requirements are unduly burdensome, 1. National Technology Transfer and States prior to publication of the rule in
<br /> 5 . Phase4n Period Advancement Act the Federal Register . A Major rule
<br /> One comment expressed a concern As noted in the proposed rule , section cannot take effect until 60 days after it
<br /> about the timing of the phase-in period 12 ( d ) of the National g
<br /> l Technolo y is published in the Federal Register.
<br /> This action is not a major rule " as
<br /> and the maximum amount of time Transfer and Advancement Act of 1995 "
<br /> needed for the requirement to be ( "NTTAA " ) , Public Law 104-113 ) will be eff12 d defined ff 5 L .S . C. 804
<br />( 2 ) , This rule
<br /> implemented . ( 15 U. S . C. 272 note) directs EPA to use
<br /> ective May 27 , 2008 .
<br /> EPA believes that the three-vear voluutary consensus standards in its List of Subjects
<br /> phase-in period , which begins after the regulatory activities unless to do so
<br /> final rule ' s effective date , allows tribes would be inconsistent with applicable 40 CFR Part 30
<br /> sufficient time to prepare for and law or otherwise impractical , Voluntary Environmental protection,
<br /> comply with the requirements of the consensus standards are technical Administrative practice and procedure ,
<br /> rule , standards ( e.g. , materials specifications , Grant programs—enviropmental
<br /> As required by section 7 (a) , EPA 's test methods , sampling procedures , and protection , Reporting and recordkeeping
<br /> Tribal Consultation Official has certified business practices ) that are developed or requirements .
<br /> that the requirements of the Executive adopted by voluntary consensus 40 CFR Part 31
<br /> Order have been met in a meaningful standards bodies . The NTTAA directs
<br /> and timely manner . A copy of the EPA to provide Congress , through OMB , Accounting , Administrative practice
<br /> certification is included in the docket explanations when the Agency decides and procedure , Grant programs , Indians ,
<br /> for this rule , not to use available and applicable Intergovernmental relations , Reporting
<br /> G. Executive Order 13045: (Protection of voluntary consensus standards , This and recordkeeping requirements ,
<br /> Children From Environmental Health rule does not involve technical 40 CFR Part 33
<br /> Risks and Safety Risks) standards . Therefore , EPA is not Grant programs—environmental
<br /> Executive Order 13045 : "Protection of considering the use of any voluntary protection .
<br /> Children from Environmental Health consensus standards.
<br /> Risks and Safety Risks " (62 FR 19885 ,
<br /> J. Executive Order 12898 : Federal 40 CFR Part 35
<br /> April 23 , 1997 ) applies to any rule that: Actions To Address Environmental Grant programs—environmental
<br /> ( 1 ) is determined to be " economically Justice in Minority Populations and protection , Grant programs—lndians ,
<br /> significant" as defined under Executive Low-Income Populations Hazardous waste , Indians ,
<br /> Order 12866 , and ( 2 ) concerns any Executive Order (EO) 12898 ( 59 FR Intergovernmental relations , Reporting
<br /> environmental health or safety risk that 7629 (Feb . 16 , 1994 )) establishes federal and recordkeeping requiremenks .
<br /> EPA has reason to believe may have a executive policy on environmental 40 CFR Part 40
<br /> disproportionate effect on children. If justice . Its main provision directs Research and Demonstration Grants—
<br /> the regulatory action meets both criteria , federal agencies , to the greatest extent Projects involving construction,
<br /> EPA must evaluate the environmental practicable and permitted by law , to
<br /> health or safety effects of the planned make environmental justice part of their Dated : March 18 , 2008 .
<br /> rule on children and explain why the mission by identifving and addressing , Stephen L . Johnson,
<br /> planned regulation is preferable to other as appropriate , disproportionately high Administrator,
<br /> potentially effective and reasonably andAadverse human health or ■ For the reasons set out in the
<br /> feasible alternatives considered by the environmental effects of their programs , preamble , title 40 , chapter I of the Code
<br /> Agency • policies , and activities on minority of Federal Regulations is amended as
<br /> EPA interprets Executive Order 13045 populations and low4ricame follows :
<br /> as applying only to those regulatory populations in the United States,
<br /> actions that are based on health or safety EPA has determined that this final PART 30- 4AMENDED]
<br /> risks , such that the analysis required rule will not have disproportionately ■ 1 . The authority citation for part 30
<br /> under section 5-501 of the Order has high and adverse human health or continues to read as follows ;
<br /> the potential to influence the regulation , environmental effects on minority or
<br /> This rule is not subject to Executive low-income populations because it does Authority: 7 U . S .C . 135 et seq. ; 15 U. S ,C .
<br /> Order 13045 because it does not not affect the level of protection 2601 et seq , ; 33 U. S.C. 1251 et seq.; 42 U. S .C.
<br /> establish an environmental standard provided to human health or the 241 , 242 (b) , 2431 246 , 3oof, 300j-1 , 3ooj-2 ,
<br /> intended to mitigate health or safety environment. 300;-3 ; 1857 et seq. ; 8901 of seq. , 7401 et
<br /> risks . seq. ; OMB circular A-110 ( 64 FR 54926 ,
<br /> K. Congressional Reviety Act October 8 , 1999) ,
<br /> H. Executive Order 13211 : Actions That The Congressional Review Act, 5 § 30.44 (Amended]
<br /> Significantly Affect Energy Supply, U .S .C . 801 et seq . , as added by the Small
<br /> Distribution , or Use Business Regulatory Enforcement a 24Section 30 ,44 is amended by
<br /> This rule is not a " significant energy Fairness Act of 1996 , generally provides removing and reserving paragraph (b) .
<br /> action " as defined in Executive Order that before a rule may take effect , the PART 31 —JAMENDED]
<br /> 13211 , "Actions Concerning Regulations agency promulgating the rule must
<br /> That Significantly Affect Energy Supply , submit a rule report, which includes a ■ 3 . The authority citation for part 31
<br /> Distribution, or Use" ( 66 FR 28355 (May copy of the rule , to each House of the continues to read as follows :
<br /> 22 , 2001 )) because it is not likely to Congress and to the Comptroller General Authority: 7 U . S.C. 136 et seq. ; 15 U.S .C.
<br /> have a significant adverse effect on the a,`. the United States . EPA will submit a 2601 et seq . ; 20 U . S .C . 4011 of seq.
<br />; 33 U.S .C.
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