The Latest Federal Register Notices Pertaining to the Tanks and Terminals Industry

Preliminary Lists Identifying Manufacturers Subject to Fee Obligations for EPA-Initiated Risk Evaluations Under Section 6 of the Toxic Substances Control Act (TSCA); Notice of Availability and Request for Comment; Extension of the Comment Period

A Notice by the Environmental Protection Agency on 05/28/2020

AGENCY:
Environmental Protection Agency (EPA).

ACTION:
Notice; extension of the comment period.

SUMMARY:
EPA is extending the comment period for a notice issued in the Federal Register of January 27, 2020, announcing the availability of the preliminary lists of manufacturers (including importers) of 20 chemical substances that have been designated as a High-Priority Substance for risk evaluation under the Toxic Substances Control Act (TSCA) and for which fees will be charged. The original comment period and window for self-identification was previously extended by 60-days, and this document provides an additional extension, from May 27, 2020 to June 15, 2020.

DATES:
Comments must be received on or before June 15, 2020.

ADDRESSES:
Follow the detailed instructions provided under ADDRESSES in the Federal Register document of January 27, 2020 (85 FR 4661) (FRL-10003-14).

FOR FURTHER INFORMATION CONTACT:
For technical information contact: Benjamin Dyson, Environmental Assistance Division (7408M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number: (202) 774-8976; email address: dyson.benjamin@epa.gov.

 For general information contact: The TSCA-Hotline, ABVI-Goodwill, 422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 554-1404; email address: TSCA-Hotline@epa.gov.

 

Revisions to Oil Pipeline Regulations, Pursuant to the Energy Policy Act of 1992; Notice of Annual Change in the Producer Price Index for Finished Goods

A Notice by the Federal Energy Regulatory Commission on 05/21/2020

The Commission's regulations include a methodology for oil pipelines to change their rates through use of an index system that establishes ceiling levels for such rates. The Commission bases the index system, found at 18 CFR 342.3, on the annual change in the Producer Price Index for Finished Goods (PPI-FG), plus one point two three percent (PPI-FG + 1.23). The Commission determined in an Order Establishing Index Level,[1] issued December 17, 2015, that PPI-FG + 1.23 is the appropriate oil pricing index factor for pipelines to use for the five-year period commencing July 1, 2016.

The regulations provide that the Commission will publish annually an index figure reflecting the final change in the PPI-FG after the Bureau of Labor Statistics publishes the final PPI-FG in May of each calendar year. The annual average PPI-FG index figures were 204.1 for 2018 and 205.7 for 2019.[2] Thus, the percent change (expressed as a decimal) in the annual average PPI-FG from 2018 to 2019, plus 1.23 percent, is positive 0.020139.[3] Oil pipelines must multiply their July 1, 2019, through June 30, 2020, index ceiling levels by positive 1.020139 [4] to compute their index ceiling levels for July 1, 2020, through June 30, 2021, in accordance with 18 CFR 342.3(d). For guidance in calculating the ceiling levels for each 12-month period beginning January 1, l995,[5] see Explorer Pipeline Company, 71 FERC 61,416, at n.6 (1995).

In addition to publishing the full text of this Notice in the Federal Register, the Commission provides all interested persons an opportunity to view and/or print this Notice via the internet through FERC's Home Page (http://www.ferc.gov) using the eLibrary link. To access this document in eLibrary, type the docket number excluding the last three digits of this document in the docket number field and follow other directions on the search page. At this time, the Commission has suspended access to the Commission's Public Reference Room due to the proclamation declaring a National Emergency concerning the Novel Coronavirus Disease (COVID-19) issued by the President on March 13, 2020.

User assistance is available for eLibrary and other aspects of FERC's website during normal business hours. For assistance, please contact the Commission's Online Support at 1-866-208-3676 (toll free) or 202-502-6652 (email at FERCOnlineSupport@ferc.gov), or the Public Reference Room at 202-502-8371, TTY 202-502-8659. E-Mail the Public Reference Room at public.referenceroom@ferc.gov.

Dated: May 15, 2020.

Nathaniel J. Davis, Sr.,

Deputy Secretary.

 

Information Collection Request Submitted to OMB for Review and Approval; Comment Request; Reformulated Gasoline and Conventional Gasoline: Requirements for Refiners, Oxygenate Blenders, and Importers of Gasoline; Requirements for Parties in the Gasoline Distribution Network (Renewal)

A Notice by the Environmental Protection Agency on 05/22/2020

AGENCY:
Environmental Protection Agency (EPA).

ACTION:
Notice.

SUMMARY:
The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), Reformulated Gasoline and Conventional Gasoline: Requirements for Refiners, Oxygenate Blenders, and Importers of Gasoline; Requirements for Parties in the Gasoline Distribution Network (EPA ICR Number 1591.27, OMB Control Number 2060-0277) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (PRA). This is a proposed extension of the ICR, which is currently approved through May 31, 2020. Public comments were previously requested via the Federal Register on August 20, 2019 during a 60-day comment period. This notice allows for an additional 30 days for public comment. A fuller description of the ICR is given below, including its estimated burden and cost to the public. An agency may not conduct, or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

DATES:
Additional comments must be submitted on or before June 22, 2020.

ADDRESSES:
Submit your comments to EPA, referencing Docket ID No. EPA-HQ-OAR-2014-0548, online using www.regulations.gov (our preferred method), by email to a-and-r-docket@epa.gov, or by mail to: EPA Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW, Washington, DC 20460. EPA's policy is that all comments received will be included in the public docket without change including any personal information provided, unless the comment includes profanity, threats, information claimed to be Confidential Business Information (CBI), or other information whose disclosure is restricted by statute.

Submit written comments and recommendations to OMB for the proposed information collection within 30 days of publication of this notice to www.reginfo.gov/​public/​do/​PRAMain. Find this particular information collection by selecting “Currently under 30-day Review—Open for Public Comments” or by using the search function.

FOR FURTHER INFORMATION CONTACT:
Jose Solar, Compliance Division, Office of Transportation and Air Quality, (Mail Code 6405A), Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone number: 202-343-9027; fax number: 202-343-2801; email address: Solar.Jose@epa.gov.

 

Person in Charge of Fuel Transfers

A Rule by the Coast Guard on 05/27/2020

AGENCY:
Coast Guard, DHS.

ACTION:
Final rule.

SUMMARY:
The Coast Guard is amending the requirements regulating personnel permitted to serve as a person in charge (PIC) of fuel oil transfers on an inspected vessel by adding the option of using a letter of designation (LOD) in lieu of a Merchant Mariner Credential (MMC) with a Tankerman-PIC endorsement. Obtaining an MMC with a Tankerman-PIC endorsement is now optional for PICs of fuel oil transfers on inspected vessels. This change is not limited to towing vessels, but one effect of this rule is that a PIC currently using the LOD option on an uninspected towing vessel may continue to do so once the vessel receives its Certificate of Inspection.

DATES:
This final rule is effective May 27, 2020. CG-MMC Policy Letter 01-17 is cancelled effective May 27, 2020.

ADDRESSES:
To view comments on the notice of proposed rulemaking and documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type USCG-2018-0493 in the “SEARCH” box and click “SEARCH.” Click on Open Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT:
For information about this document call or email Cathleen Mauro, Office of Merchant Mariner Credentialing (CG-MMC-1), Coast Guard; telephone 202-372-1449, email Cathleen.B.Mauro@uscg.mil.

 

Mitigation Strategies to Protect Food Against Intentional Adulteration; Draft Guidance for Industry; Extension of the Comment Period

A Notice by the Food and Drug Administration on 05/28/2020

AGENCY:
Food and Drug Administration, HHS.

ACTION:
Notice of availability; extension of comment period

SUMMARY:
The Food and Drug Administration (FDA, we, or the Agency) is extending the comment period for the notice of availability that appeared in the Federal Register of February 14, 2020, entitled “Mitigation Strategies to Protect Food Against Intentional Adulteration; Draft Guidance for Industry.” This supplemental draft guidance document, when finalized, will help food facilities that manufacture, process, pack, or hold food, and that are required to register under the Federal Food, Drug, and Cosmetic Act comply with the requirements of our regulation entitled “Mitigation Strategies to Protect Food Against Intentional Adulteration.” FDA is taking this action in response to a request for an extension to allow interested persons additional time to submit comments.

DATES:
FDA is extending the comment period on the notice of availability published February 14, 2020 (85 FR 8599). Submit either electronic or written comments on the supplemental draft guidance by August 14, 2020.

ADDRESSES:
You may submit comments on any guidance at any time as follows:

Electronic Submissions
Submit electronic comments in the following way:

Written/Paper Submissions
Submit written/paper submissions as follows:

Instructions: All submissions received must include the Docket No. FDA-2018-D-1398 for “Mitigation Strategies to Protect Food Against Intentional Adulteration: Supplemental Draft Guidance for Industry.” Received comments will be placed in the docket and, except for those submitted as “Confidential Submissions,” publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m. and 4 p.m., Monday through Friday.

Docket: For access to the docket to read background documents or the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in the heading of this document, into the “Search” box and follow the prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852, 240-402-7500.

You may submit comments on any guidance at any time (see 21 CFR 10.115(g)(5)).

Submit written requests for single copies of the guidance to the Center for Food Safety and Applied Nutrition, Food and Drug Administration, 5001 Campus Dr., College Park, MD 20740. Send two self-addressed adhesive labels to assist that office in processing your requests. See the SUPPLEMENTARY INFORMATION section for electronic access to the draft guidance document.

FOR FURTHER INFORMATION CONTACT:
Ryan Newkirk, Center for Food Safety and Applied Nutrition (HFS-005), Food and Drug Administration, 5001 Campus Dr., College Park, MD 20740, 240-402-3712, ryan.newkirk@fda.hhs.gov.

 

Hazardous Materials: Vapor Pressure of Unrefined Petroleum Products and Class 3 Materials

A Proposed Rule by the Pipeline and Hazardous Materials Safety Administration on 05/20/2020

AGENCY:
Pipeline and Hazardous Materials Safety Administration (PHMSA), Department of Transportation (DOT).

ACTION:
Advance notice of proposed rulemaking (ANPRM); withdrawal.

SUMMARY:
PHMSA is withdrawing the January 18, 2017, ANPRM concerning vapor pressure for crude oil transported by rail. PHMSA's decision is based on comments received to the ANPRM, as well as an extensive study conducted by the Sandia National Laboratories which found that the vapor pressure of crude oil is not a significant factor in the severity of pool fire or fireball scenarios, and concluded that results of the study do not support creating a regulatory distinction for crude oils based on vapor pressure. In withdrawing the ANPRM, PHMSA is providing notice of its determination that the establishment of vapor pressure limits would not improve the safety of rail transportation of crude oil. Therefore, PHMSA is no longer considering vapor pressure limits for the transportation of crude oil by rail or any other mode. Furthermore, PHMSA is also providing notice that, after considering comments received to the ANPRM, it is no longer considering imposing vapor pressure standards for other unrefined petroleum-based products and Class 3 flammable liquid hazardous materials by any mode.

DATES:
As of May 20, 2020, the ANPRM published on January 18, 2017 (82 FR 5499), is withdrawn.

FOR FURTHER INFORMATION CONTACT: 
Lad Falat, Sciences, Engineering, and Research (PHH-20), Telephone (202) 366-4545, or Ryan Larson, Standards and Rulemaking Division (PHH-10), Telephone (202) 366-8553. U.S. Department of Transportation, Pipeline and Hazardous Materials Safety Administration, 1200 New Jersey Avenue SE, East Building, 2nd Floor, Washington, DC 20590-0001.

 

Solicitation of Applications for the Higher Blends Infrastructure Incentive Program (HBIIP) for Fiscal Year 2020

A Notice by the Commodity Credit Corporation and the Rural Business-Cooperative Service on 05/15/2020

AGENCY:
Commodity Credit Corporation and the Rural Business-Cooperative Service, USDA.

ACTION:
Notice; announcement of opening date for Higher Blends Infrastructure Incentive Program application window.

SUMMARY:
The Commodity Credit Corporation (CCC) and the Rural Business-Cooperative Service (RBCS), a Rural Development agency of the United States Department of Agriculture (USDA), announced its general policy and application procedures for funding under the Higher Blends Infrastructure Incentive Program (HBIIP) in a Notice of Funding Availability (NOFA) on May 5, 2020 in the Federal Register. The HBIIP will provide up to $100 million in competitive grants to eligible entities for activities designed to expand the sales and use of renewable fuels under the Higher Blends Infrastructure Incentive Program (HBIIP). This Notice announces the opening date for the HBIIP application window.

DATES:
Applications for the Higher Biofuels Infrastructure Incentive Program will be accepted from May 15, 2020 through August 13, 2020. Applications received after 11:59 p.m. Eastern Daylight Time on August 13, 2020, will not be considered. The grant period is not to exceed 18-months, unless otherwise specified in the Grant Agreement or agreed to by CCC.

ADDRESSES:
Application Submission: The application system for electronic submissions will be available through http://www.rd.usda.gov/​HBIIP.

Electronic submissions: Electronic submissions of applications will allow for the expeditious review of an Applicant's proposal. As a result, all Applicants must file their application electronically. Applicants' requests to establish an applicant user account will be available through http://www.rd.usda.gov/​HBIIP.

FOR ADDITONAL INFORMATION CONTACT:
For general inquiries regarding the HBIIP, contact Anthony Crooks: telephone (202) 205-9322, email: EnergyPrograms@usda.gov. Persons with disabilities that require alternative means for communication should contact the U.S. Department of Agriculture (USDA) Target Center at (202) 720-2600 (voice).

 

Public Hearing for Fuels Regulatory Streamlining

A Proposed Rule by the Environmental Protection Agency on 05/19/2020

AGENCY:
Environmental Protection Agency (EPA).

ACTION:
Notification of public hearing.

SUMMARY:
The Environmental Protection Agency (EPA) is announcing a virtual public hearing to be held May 28, 2020, on its proposal for the “Fuels Regulatory Streamlining Rule,” which was signed on April 13, 2020. EPA is proposing to update its existing gasoline, diesel, and other fuels programs to improve overall compliance assurance and maintain environmental performance, while reducing compliance costs for industry and EPA.

DATES:
EPA will hold a virtual public hearing on May 28, 2020. Please refer to the SUPPLEMENTARY INFORMATION section for additional information on the public hearing.

ADDRESSES:
The virtual public hearing will be held on May 28, 2020. The hearing will begin at 10:00 a.m. Eastern Time (ET) and end when all parties who wish to speak have had an opportunity to do so. All hearing attendees (including even those who do not intend to provide testimony) should notify the contact person listed under FOR FURTHER INFORMATION CONTACT by May 21, 2020. Additional information regarding the hearing appears below under SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: 
Nick Parsons, Office of Transportation and Air Quality, Assessment and Standards Division, Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI 48105; telephone number: 734-214-4479; email address: ASD-Registration@epa.gov.

 

Significant New Use Rules on Certain Chemical Substances (20-5.B)

A Proposed Rule by the Environmental Protection Agency on 05/19/2020

AGENCY:
Environmental Protection Agency (EPA).

ACTION:
Proposed rule.

SUMMARY:
EPA is proposing significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for chemical substances which are the subject of premanufacture notices (PMNs). This action would require persons to notify EPA at least 90 days before commencing manufacture (defined by statute to include import) or processing of any of these chemical substances for an activity that is designated as a significant new use by this proposed rule. This action would further require that persons not commence manufacture or processing for the significant new use until they have submitted a Significant New Use Notice, and EPA has conducted a review of the notice, made an appropriate determination on the notice under TSCA, and has taken any risk management actions as are required as a result of that determination.

DATES:
Comments must be received on or before June 18, 2020.

ADDRESSES:
Submit your comments, identified by docket identification (ID) number EPA-HQ-OPPT-2020-0222, by one of the following methods:

Additional instructions on commenting or visiting the docket, along with more information about dockets generally, is available at http://www.epa.gov/​dockets.

FOR FURTHER INFORMATION CONTACT:
For technical information contact: Kenneth Moss, Chemical Control Division (7405M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number: (202) 564-9232; email address: moss.kenneth@epa.gov.

For general information contact: The TSCA-Hotline, ABVI-Goodwill, 422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 554-1404; email address: TSCA-Hotline@epa.gov.

 

 Interpretive Rule on Demurrage and Detention Under the Shipping Act

A Rule by the Federal Maritime Commission on 05/18/2020

AGENCY:
Federal Maritime Commission.

ACTION:
Final rule.

SUMMARY:
The Federal Maritime Commission is clarifying its interpretation of the Shipping Act prohibition against failing to establish, observe, and enforce just and reasonable regulations and practices relating to or connected with receiving, handling, storing, or delivering property with respect to demurrage and detention. Specifically, the Commission is providing guidance as to what it may consider in assessing whether a demurrage or detention practice is unjust or unreasonable.

DATES:
This final rule is effective May 18, 2020.

FOR FURTHER INFORMATION CONTACT:
Rachel E. Dickon, Secretary; Phone: (202) 523-5725; Email: secretary@fmc.gov.

 

Toxic Substances Control Act (TSCA) Science Advisory Committee on Chemicals (SACC); Notice of Rescheduled Public Meeting

A Notice by the Environmental Protection Agency on 05/15/2020

AGENCY:
Environmental Protection Agency (EPA).

ACTION:
Notice.

SUMMARY:
EPA is announcing the rescheduled meeting dates for the 4-day meeting of the Toxic Substances Control Act (TSCA) Science Advisory Committee on Chemicals (SACC) that had been previously scheduled for April to consider and review the draft Risk Evaluation for asbestos and associated documents. This will be a virtual public meeting of the TSCA SACC, with participation by phone and webcast only. As previously announced in April, the public is invited to comment on the draft risk evaluation for asbestos and related documents in advance of and during this peer review virtual meeting. The TSCA SACC will consider these comments during their discussions.

DATES:
Peer Review Virtual Meeting: The 4-day virtual meeting will be held from 10:00 a.m. to approximately 5:00 p.m. Eastern Time, June 8 to 10, 2020; and from 11:30 a.m. to approximately 5:00 p.m. Eastern Time on June 11, 2020 (as needed, updated times for each day may be provided in the meeting agenda that will be posted in the docket at http://www.regulations.gov and on the TSCA SACC website at http://www.epa.gov/​tsca-peer-review).

Required Registration: You must register online to receive the webcast meeting link and audio teleconference information. You may register as a listen-only attendee at any time up to the end of the virtual meeting. To make oral comments during the peer review virtual public meeting, please register by noon on June 2, 2020, to be included on the meeting agenda.

Comments: Submit your written comments, using the detailed instructions provided in the Federal Register on April 3, 2020 (85 FR 18954; FRL-10006-93) and the ADDRESSES section of this document, on or before June 2, 2020.

Special accommodations: For information on access or services for individuals with disabilities, and to request accommodation of a disability, please contact the DFO listed under FOR FURTHER INFORMATION CONTACT at least 10 days prior to the meeting to give EPA as much time as possible to process your request.

ADDRESSES:
Peer Review Virtual Meeting: Please visit http://www.epa.gov/​tsca-peer-review to register. You must register online to receive the webcast meeting link and audio teleconference information for participation.

Comments: Submit your comments, identified by docket identification (ID) number EPA-HQ-OPPT-2019-0501, using the instructions provided in in the Federal Register on April 3, 2020 (85 FR 18954; FRL-10006-93). Please use the Federal eRulemaking Portal : http://www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute.

Please note that due to the public health emergency the EPA Docket Center (EPA/DC) and Reading Room was closed to public visitors on March 31, 2020. Our EPA/DC staff will continue to provide customer service via email, phone, and webform. For further information on EPA/DC services, docket contact information and the current status of the EPA/DC and Reading Room, please visit https://www.epa.gov/​dockets.

Requests to present oral comments: Submit requests to present oral comments during the virtual meeting when registering. Please visit http://www.epa.gov/​tsca-peer-review to register.

Requests for special accommodations: Submit requests for special accommodations to the Designated Federal Official (DFO) listed under FOR FURTHER INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT:
TSCS SACC: Dr. Diana Wong, DFO, Office of Science Coordination and Policy (7201M), Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number: (202) 564-2049; email address: wong.diana-m@epa.gov.

Draft Risk Evaluation: Dr. Stan Barone, Office of Pollution Prevention and Toxics (7403M), Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number: (202) 564-1169; email address: barone.stan@epa.gov.

 

Policy Statement on Demurrage and Accessorial Rules and Charges

A Rule by the Surface Transportation Board on 05/06/2020

AGENCY:
Surface Transportation Board.

ACTION:
Statement of Board policy.

SUMMARY:
The Surface Transportation Board (STB or Board) is issuing this policy statement, following public notice and comment, to provide the public with information on principles the Board would consider in evaluating the reasonableness of demurrage and accessorial rules and charges.

DATES:
This policy statement is effective on May 30, 2020.

FOR FURTHER INFORMATION CONTACT:
Sarah Fancher at (202) 245-0355. Assistance for the hearing impaired is available through the Federal Relay Service at (800) 877-8339.