[Federal Register Volume 85, Number 225 (Friday, November 20, 2020)]
[Notices]
[Pages 74339-74340]
[FR Doc No: 2020-25821]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2013-0244; FRL-10015-48]

Pesticide Registration Review; Draft Human Health and/or
Ecological Risk Assessments for Ethylene Oxide; Notice of Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the availability of EPA's draft human
health and/or ecological risk assessments for the registration review
of ethylene oxide.

DATES: Comments must be received on or before January 19, 2021.

ADDRESSES: Submit your comments, to the docket identification (ID)
number for the specific pesticide of interest provided in the Table in
Unit IV, using the Federal eRulemaking Portal at 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.
    Due to the public health concerns related to COVID-19, the EPA
Docket Center (EPA/DC) and Reading Room is closed to visitors with
limited exceptions. The staff continues to provide remote customer
service via email, phone, and webform. For the latest status
information on EPA/DC services and docket access, visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT:
    For pesticide specific information contact: The Chemical Review
Manager for the pesticide of interest identified in the Table in Unit
IV.
    For general questions on the registration review program, contact:
Richard Fehir, Antimicrobials Division (7510P), Office of Pesticide
Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; email
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, farm worker, and agricultural advocates; the chemical industry;
pesticide users; and members of the public interested in the sale,
distribution, or use of pesticides. Since others also may be
interested, the Agency has not attempted to describe all the specific
entities that may be affected by this action. If you have any questions
regarding the applicability of this action to a particular entity,
consult the Chemical Review Manager identified in the Table in Unit IV.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

    3. Environmental justice. EPA seeks to achieve environmental
justice, the fair treatment and meaningful involvement of any group,
including minority and/or low-income populations, in the development,
implementation, and enforcement of environmental laws, regulations, and
policies. To help address potential environmental justice issues, the
Agency seeks information on any groups or segments of the population
who, as a result of their location, cultural practices, or other
factors, may have atypical or disproportionately high and adverse human
health impacts or environmental effects from exposure to the pesticides
discussed in this document, compared to the general population.

II. Background

    Registration review is EPA's periodic review of pesticide
registrations to ensure that each pesticide continues to satisfy the
statutory standard for registration, that is, the pesticide can perform
its intended function without unreasonable adverse effects on human
health or the environment. As part of the registration review process,
the Agency has completed comprehensive draft human health and/or
ecological risk assessments for all pesticides listed in the Table in
Unit IV. After reviewing comments received during the public comment
period, EPA may issue a revised risk assessment, explain any changes to
the draft risk assessment, and respond to comments and may request
public input on risk mitigation before completing a proposed
registration review decision for the pesticides listed in the Table in
Unit IV. Through this program, EPA is ensuring that each pesticide's
registration is based on current scientific and other knowledge,
including its effects on human health and the environment.

III. Authority

    EPA is conducting its registration review of the chemicals listed
in the Table in Unit IV pursuant to section 3(g) of the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Procedural
Regulations for Registration Review at 40 CFR part 155, subpart C.
Section 3(g) of FIFRA provides, among other things, that the
registrations of pesticides are to be reviewed every 15 years. Under
FIFRA, a pesticide product may be registered or remain registered only
if it meets the statutory standard for registration given in FIFRA
section 3(c)(5) (7 U.S.C. 136a(c)(5)). When used in accordance with
widespread and commonly recognized practice, the pesticide product must
perform its intended function without unreasonable adverse effects on
the environment; that is, without any unreasonable risk to man or the
environment, or a human dietary risk from residues that result from the
use of a pesticide in or on food.

IV. What action is the Agency taking?

    Pursuant to 40 CFR 155.58, this notice announces the availability
of EPA's human health and/or ecological risk assessments for the
pesticides shown in the following table and opens a 60-day public
comment period on the risk assessments.

                      Table--Draft Risk Assessments Being Made Available for Public Comment
----------------------------------------------------------------------------------------------------------------
                                                                                Chemical review manager
 Registration review case name and No.                   Docket ID No.                  and contact information
----------------------------------------------------------------------------------------------------------------
Ethylene Oxide (EtO) Case 2275.........  EPA-HQ-OPP-2013-0244........................  Jessie Bailey,
<EMAIL_ADDRESS><PHONE_NUMBER>.
----------------------------------------------------------------------------------------------------------------

    Pursuant to 40 CFR 155.53(c), EPA is providing an opportunity,
through this notice of availability, for interested parties to provide
comments and input concerning the Agency's draft human health and/or
ecological risk assessments for the pesticides listed in the Table in
Unit IV. The Agency will consider all comments received during the
public comment period and make changes, as appropriate, to a draft
human health and/or ecological risk assessment. EPA may then issue a
revised risk assessment, explain any changes to the draft risk
assessment, and respond to comments.
    Information submission requirements. Anyone may submit data or
information in response to this document. To be considered during a
pesticide's registration review, the submitted data or information must
meet the following requirements:
     To ensure that EPA will consider data or information
submitted, interested persons must submit the data or information
during the comment period. The Agency may, at its discretion, consider
data or information submitted at a later date.
     The data or information submitted must be presented in a
legible and useable form. For example, an English translation must
accompany any material that is not in English and a written transcript
must accompany any information submitted as an audiographic or
videographic record. Written material may be submitted in paper or
electronic form.
     Submitters must clearly identify the source of any
submitted data or information.
     Submitters may request the Agency to reconsider data or
information that the Agency rejected in a previous review. However,
submitters must explain why they believe the Agency should reconsider
the data or information in the pesticide's registration review.
    As provided in 40 CFR 155.58, the registration review docket for
each pesticide case will remain publicly accessible through the
duration of the registration review process; that is, until all actions
required in the final decision on the registration review case have
been completed.

    Authority: 7 U.S.C. 136 et seq.

    Dated: November 13, 2020.
Anita Pease,
Director, Antimicrobials Division, Office of Pesticide Programs.
[FR Doc. 2020-25821 Filed 11-19-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 46 (Monday, March 10, 2014)]
[Proposed Rules]
[Pages 13268-13271]
[FR Doc No: 2014-04950]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2013-0509; A-1-FRL-9906-95-Region 1]

Approval and Promulgation of Air Quality Implementation Plans;
New Hampshire; Decommissioning of Stage II Vapor Recovery Systems

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a State Implementation Plan (SIP) revision submitted by the
State of New Hampshire Department of Environmental Services. This
revision includes regulatory amendments that require the
decommissioning of Stage II vapor recovery systems at gasoline
dispensing facilities by December 22, 2015, and a demonstration that
such removal is consistent with the Clean Air Act and EPA guidance. The
intended effect of this action is to propose approval of New
Hampshire's revised vapor recovery regulation.

DATES: Written comments must be received on or before April 9, 2014.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2013-0509 by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: ``Docket Identification Number EPA-R01-OAR-2013-0509,''
Anne Arnold, U.S. Environmental Protection Agency, EPA New England
Regional Office, Office of Ecosystem Protection, Air Quality Planning
Unit, 5 Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA
02109--3912.
    5. Hand Delivery or Courier. Deliver your comments to: Anne Arnold,
Manager, Air Quality Planning Unit, U.S. Environmental Protection
Agency, EPA New England Regional Office, Office of Ecosystem
Protection, Air Quality Planning Unit, 5 Post Office Square--Suite 100,
(mail code OEP05-2), Boston, MA 02109-3912. Such deliveries are only
accepted during the

Regional Office's normal hours of operation. The Regional Office's
official hours of business are Monday through Friday, 8:30 to 4:30,
excluding legal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R01-OAR-
2013-0509. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit through www.regulations.gov, or
email, information that you consider to be CBI or otherwise protected.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
comment directly to EPA without going through www.regulations.gov your
email address will be automatically captured and included as part of
the comment that is placed in the public docket and made available on
the Internet. If you submit an electronic comment, EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., 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 either electronically in www.regulations.gov or
in hard copy at Office of Ecosystem Protection, U.S. Environmental
Protection Agency, EPA New England Regional Office, Office of Ecosystem
Protection, Air Quality Planning Unit, 5 Post Office Square--Suite 100,
Boston, MA. EPA requests that if at all possible, you contact the
contact listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday, 8:30 to 4:30, excluding legal
holidays.
    In addition, copies of the state submittal are also available for
public inspection during normal business hours, by appointment at the
State Air Agency: Air Resources Division, Department of Environmental
Services, 6 Hazen Drive, P.O. Box 95, Concord, NH 03302-0095.

FOR FURTHER INFORMATION CONTACT: Ariel Garcia, Air Quality Planning
Unit, U.S. Environmental Protection Agency, EPA New England Regional
Office, 5 Post Office Square, Suite 100 (mail code: OEP05-2), Boston,
MA 02109-3912, telephone number<PHONE_NUMBER>, fax number (617) 918-
0660, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
    Organization of this document. The following outline is provided to
aid in locating information in this preamble.

I. Background and Purpose
II. Summary of New Hampshire's Stage II Vapor Recovery Program SIP
Revision.
III. EPA's Evaluation of New Hampshire's SIP Revision.
IV. Proposed Action.
V. Statutory and Executive Order Reviews.

I. Background and Purpose

    On June 18, 2013, the New Hampshire Department of Environmental
Services submitted a revision to its State Implementation Plan (SIP).
The SIP revision consists of New Hampshire's revised Env-Or 500,
Recovery of Gasoline Vapors (formerly numbered Env-A 1205), and a
demonstration that such removal is consistent with the Clean Air Act
and EPA guidance. Stage II and onboard refueling vapor recovery (ORVR)
systems are two types of emission control systems that capture fuel
vapors from vehicle gas tanks during refueling. Stage II vapor recovery
systems are installed at gasoline dispensing facilities (GDFs) and
capture the refueling fuel vapors at the gasoline pump. The system
carries the vapors back to the underground storage tank at the GDF to
prevent the vapors from escaping to the atmosphere. ORVR systems are
carbon canisters installed directly on automobiles to capture the fuel
vapors evacuated from the gasoline tank before they reach the nozzle.
The fuel vapors captured in the carbon canisters are then combusted in
the engine when the automobile is in operation.
    Stage II vapor recovery systems and vehicle ORVR systems were
initially both required by the 1990 Amendments to the Clean Air Act
(CAA). Section 182(b)(3) of the CAA requires moderate and above ozone
nonattainment areas to implement Stage II vapor recovery programs.
Also, under CAA section 184(b)(2), states in the Ozone Transport Region
(OTR) are required to implement Stage II or comparable measures. CAA
section 202(a)(6) required EPA to promulgate regulations for ORVR for
light-duty vehicles (passenger cars). EPA adopted these requirements in
1994, at which point moderate ozone nonattainment areas were no longer
subject to the CAA section 182(b)(3) Stage II vapor recovery
requirements. ORVR equipment has been phased in for new passenger
vehicles beginning with model year 1998, and starting with model year
2001 for light-duty trucks and most heavy-duty gasoline powered
vehicles. ORVR equipment has been installed on nearly all new gasoline-
powered light-duty vehicles, light-duty trucks, and heavy-duty vehicles
since 2006.
    During the phase-in of ORVR controls, Stage II has provided
volatile organic compound (VOC) reductions in ozone nonattainment areas
and certain attainment areas of the OTR. Congress recognized that ORVR
systems and Stage II vapor recovery systems would eventually become
largely redundant technologies, and provided authority to EPA to allow
states to remove Stage II vapor recovery programs from their SIPs after
EPA finds that ORVR is in ``widespread use.'' Effective May 16, 2012,
the date the final rule was published in the Federal Register (see 77
FR 28772), EPA determined that ORVR systems are in widespread use
nationwide for control of gasoline emissions during refueling of
vehicles at GDFs. Currently, more than 75 percent of gasoline refueling
nationwide occurs with ORVR-equipped vehicles, so Stage II vapor
recovery programs have become largely redundant control systems and
Stage II vapor recovery systems achieve an ever declining emissions
benefit as more ORVR-equipped vehicles continue to enter the on-road
motor vehicle fleet.\1\ In its May 16, 2012 rulemaking, EPA also
exercised its authority under CAA section 202(a)(6) to waive certain
federal statutory requirements for Stage II vapor recovery systems at
GDFs. This decision

exempts all new ozone nonattainment areas classified serious or above
from the requirement to adopt Stage II vapor recovery programs.
Finally, EPA's May 16, 2012 rulemaking also noted that any state
currently implementing Stage II vapor recovery programs may submit SIP
revisions that would allow for the phase-out of Stage II vapor recovery
systems.
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    \1\ In areas where certain types of vacuum-assist Stage II vapor
recovery systems are used, the differences in operational design
characteristics between ORVR and some configurations of these Stage
II vapor recovery systems result in the reduction of overall control
system efficiency compared to what could have been achieved relative
to the individual control efficiencies of either ORVR or Stage II
emissions from the vehicle fuel tank.
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II. Summary of New Hampshire's Stage II Vapor Recovery Program SIP
Revision

    New Hampshire adopted its Stage II Vapor Recovery Program in 1992
in order to satisfy the requirements of sections 182(b)(3) and
184(b)(2) of the CAA. The New Hampshire Stage II vapor recovery program
requirements were codified in New Hampshire rule Env-A 1205, Volatile
Organic Compounds (VOC): Gasoline Dispensing Facilities and Gasoline
Tank Trucks, and EPA approved the program into the New Hampshire SIP on
December 7, 1998 (63 FR 67405). New Hampshire's rule required gasoline
dispensing facilities in Hillsborough, Merrimack, Rockingham, and
Strafford counties to install Stage II vapor recovery systems. In
addition, in a SIP revision dated July 9, 1998, New Hampshire
identified comparable measures (a combination of emission reductions
from the implementation of Stage II and reformulated gasoline) to meet
the CAA section 184(b)(2) requirement for a state in the OTR to adopt
Stage II or comparable measures. EPA approved New Hampshire section
184(b)(2) Stage II comparability demonstration on September 29, 1999
(64 FR 52434).
    On June 18, 2013, New Hampshire submitted a SIP revision requesting
the removal of its Stage II vapor recovery program from the New
Hampshire SIP. The SIP revision consists of New Hampshire's revised
regulation Env-Or 500, Recovery of Gasoline Vapors, formerly known as
Env-A 1205. The revised rule exempts new dispensing facilities from the
requirements to install Stage II vapor recovery systems and requires
existing Stage II vapor recovery systems to be decommissioned by
December 22, 2015.
    The June 18, 2013 SIP revision also includes a narrative
demonstration supporting the removal of the New Hampshire Stage II
vapor recovery program. This demonstration consists of an analysis that
the Stage II vapor recovery controls provide only de minimis emission
reductions due to the prevalence of ORVR-equipped vehicles. This
demonstration also highlights that EPA redesignated the ozone
nonattainment area in southern New Hampshire to attainment for the 1997
ozone national ambient air quality standard (NAAQS) on January 31, 2013
(78 FR 6741) and that EPA designated the entire state of New Hampshire
as unclassifiable/attainment for the 2008 ozone NAAQS (77 FR 30088; May
21, 2012).

III. EPA's Evaluation of New Hampshire's SIP Revision

    EPA has reviewed New Hampshire's revised regulation Env-Or 500,
Recovery of Gasoline Vapors, and accompanying SIP narrative and has
concluded that New Hampshire's June 18, 2013 SIP revision is consistent
with EPA's widespread use rule (77 FR 28772; May 16, 2012) and EPA's
``Guidance on Removing Stage II Gasoline Vapor Control Programs from
State Implementation Plans and Assessing Comparable Measures'' (EPA-
457/B-12-001; August 7, 2012), hereafter referred to as EPA's Guidance
Document.
    New Hampshire's June 18, 2013 SIP revision includes a CAA section
110(l) anti-back sliding demonstration based on equations in EPA's
Guidance Document. According to these calculations, the potential loss
of refueling emission reductions from removing Stage II vapor recovery
systems in 2012 (the effective date of the regulation amendments) is
9.36 percent, thus meeting the 10 percent de minimis recommendation in
EPA's Guidance Document.
    In addition, New Hampshire's ozone redesignation request, which EPA
approved on January 31, 2013 (78 FR 6741), included a maintenance plan
with future year emission estimates. The maintenance plan showed that
estimated VOC and NOx emissions in 2012 and 2022 were less than the
2008 attainment year VOC and NOx emissions. The anticipated phase-out
of New Hampshire's Stage II program was included in these emission
projections. Therefore, the maintenance plan estimates also support the
position that discontinuing the Stage II program does not interfere
with maintenance of the ozone NAAQS.
    Finally, New Hampshire's June 18, 2013 SIP revision also includes
calculations illustrating that the overall emissions effect of removing
the Stage II vapor recovery program would be an increase of 171 tons in
2012. EPA's 2011 National Emissions Inventory database, Version 1,
illustrates that New Hampshire's statewide anthropogenic VOC emissions
were 44,974 tons (see www.epa.gov/ttn/chief/net/2011inventory.html),
therefore the 171 annual tons of VOC emissions increase calculated by
New Hampshire are only about 0.4 percent of the total anthropogenic VOC
emissions in New Hampshire. Also, these foregone emissions reductions
in the near term continue to diminish rapidly over time as ORVR phase-
in continues. Therefore, EPA believes that the resulting temporary
increases in VOC emissions will not interfere with maintenance of the
ozone NAAQS.

IV. Proposed Action

    EPA is proposing to approve New Hampshire's June 18, 2013 SIP
revision. Specifically, EPA is proposing to approve the amended New
Hampshire rule Env-Or 500, Recovery of Gasoline Vapors, and incorporate
it into the New Hampshire SIP. EPA is proposing to approve this SIP
revision because it meets all applicable requirements of the Clean Air
Act and EPA guidance, and it will not interfere with attainment or
maintenance of the ozone NAAQS.
    EPA is soliciting public comments on the issues discussed in this
notice or on other relevant matters. These comments will be considered
before taking final action. Interested parties may participate in the
Federal rulemaking procedure by submitting written comments to the EPA
New England Regional Office listed in the ADDRESSES section of this
Federal Register.

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this proposed action merely approves state law as meeting
Federal requirements and does not impose additional requirements beyond
those imposed by state law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely

affect small governments, as described in the Unfunded Mandates Reform
Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

    Authority:  42 U.S.C. 7401 et seq.

H. Curtis Spalding,
Regional Administrator, EPA New England.
[FR Doc. 2014-04950 Filed 3-7-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 181 (Wednesday, September 18, 2013)]
[Proposed Rules]
[Pages 57336-57337]
[FR Doc No: 2013-22708]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 26

[Docket No. OST-2012-0147]
RIN 2105-AE08

Disadvantaged Business Enterprise: Program Implementation
Modifications

AGENCY: Office of the Secretary (OST), DOT.

ACTION: Notice of Proposed Rulemaking (NPRM); Notice of Reopening
Comment Period and Public Listening Session.

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SUMMARY: On September 6, 2012, the Department of Transportation (DOT)
issued a notice of proposed rulemaking (NPRM) concerning various
modifications to the Department's Disadvantaged Business Enterprise
(DBE) Program. In a later notice published on October 25, 2012, the
Department extended the public comment period until December 24, 2012.
Various commenters to the NPRM expressed interest in the Department
holding a public meeting on the proposed changes prior to issuing a
final rule. The Department agrees. The Department will hold a public
listening session on the changes proposed in the NPRM on October 9,
2013, from 12:00 p.m. EDT to 4:00 p.m. EDT in the Department's
Washington, DC headquarters. The Department is simultaneously reopening
the comment period from September 18, 2013 to October 30, 2013.
Interested persons from both the public and private sectors are invited
to offer their views orally or in writing on specific aspects of the
NPRM noted below.

DATES: A public listening session will be held on October 9, 2013, in
Washington, DC, which will commence at 12:00 noon EDT and end no later
than 4:00 p.m. EDT. The comment period for the NPRM is extended to
October 30, 2013.

ADDRESSES: (1) Public Listening Session: The public listening session
will be held at DOT's Washington, DC Headquarters at 1200 New Jersey
Avenue SE., Washington, DC 20590, in the Oklahoma City conference room
located on the ground floor of the West Building. (2) Attendance: Due
to security and seating limitations, any person wishing to attend the
listening session should register at least five business days before
the date of the session (October 2, 2013) by going to the OSDBU Web
site at www.dot.gov/osdbu. Seating is on a first-come first-served
basis and space is limited. For information on facilities or services
for persons with disabilities or to request special assistance at the
meeting, please contact Marilyn Hearns in DOT's Office of General
Counsel by telephone<PHONE_NUMBER>) or by email
<EMAIL_ADDRESS>as soon as possible. (3) Teleconference:
Please contact Marilyn Hearns if you wish to participate in this public
listening session via teleconference line.

FOR FURTHER INFORMATION CONTACT: Jo Anne Robinson, Office of General
Law, U.S. Department of Transportation, 1200 New Jersey Avenue SE.,
Washington, DC 20590,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On September 6, 2012, the Department
published a notice of proposed rulemaking (NPRM) entitled,
``Disadvantaged Business Enterprise: Program Implementation
Modifications,'' at 77 FR 54952, that proposed various changes to the
Department's DBE program, including: revisions to personal net worth,
application, and reporting forms; modifications to various
certification-related provisions of the rule; and revisions to several
other provisions of the rule, concerning such subjects as good faith
efforts, transit vehicle manufacturers and goal setting. The Department
then published a notice on October 25, 2012, at 77 FR 651164, that
corrected minor errors in the NPRM related to the Paperwork Reduction
Act and extended the public comment period until December 24, 2012.
Several commenters suggested that the Department hold a public meeting
or listening session on the proposed changes before issuing a final
rule. After reviewing the comments, the Department agrees that a public
listening session would be helpful to all relevant stakeholders as well
as interested members of the public and has scheduled a public
listening session for October 9, 2013.

Listening Session

    The listening session will provide an opportunity for interested
parties to articulate the issues and concerns they have with certain
aspects of the NPRM. In particular, the Department is interested in
hearing from the public on the following:
    1. What are the specific, quantifiable costs and benefits
associated with completing or reviewing the proposed forms (Personal
Net Worth, Certification Application, Uniform Report on Awards/
Commitments; DBE Payment Data) from the perspective of a certifying
entity, an applicant firm, or a recipient (where applicable);

    2. What are the specific, quantifiable costs and benefits
associated with requiring certified DBEs to submit additional documents
with the annual no change affidavit from the perspective of a
certifying entity and a certified DBE;
    3. What are the specific, quantifiable costs and benefits
associated with requiring good faith efforts documentation when bids
are due and requiring additional documents (i.e., DBE and non-DBE
quotes, DBE subcontracts) from the perspective of a prime contractor, a
DBE, and the recipient letting the contract.
    Any person wishing to participate in the listening session should
notify DOT by telephone or by email, at the addresses provided in the
Attendance section of this notice at least five business days prior to
the date of the listening session (October 2, 2013). The notification
should identify the party the person represents, and the particular
subject(s) described above the person plans to address. The
notification should also provide the participant's contact information.
Please put ``NPRM Listening Session'' in the subject line of the email
notification.
    At the listening session, a DOT representative will make an opening
statement outlining the procedures for the session. Speakers' remarks
will be limited to 5 minutes each, although the Department may need to
limit the duration of presentations, if necessary, to provide all
participants the opportunity to speak. If sufficient time exists after
all initial statements by those wishing to speak have been completed,
the Department may allow those persons wishing to make a brief rebuttal
to do so in the same order in which the initial statements were made.
If necessary, the Department may provide additional instructions and
modify speaking limits at the time of the listening session. A
transcript of the discussions will be made a part of the public docket
in this rulemaking.

Extension of Comment Period

    To accommodate the public listening session and to provide
interested parties the opportunity to submit comments in response to
views or information provided at the public listening session, the
Department is reopening the comment period for this rulemaking from
September 18, 2013 to October 30, 2013. You may submit comments
(identified by the agency name and DOT Docket ID Number OST-2012-0147)
by any of the following methods:
     Federal Rulemaking Portal: Go to www.regulations.gov and
follow the online instructions for submitting comments.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001. Materials may also be
submitted directly to DOT staff at the public listening session.
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. ET,
Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.

    Issued this 9th day of September, 2013 at Washington, DC, under
authority delegated in 49 CFR 1.27.
Kathryn B. Thomson,
Acting General Counsel.
[FR Doc. 2013-22708 Filed 9-17-13; 8:45 am]
BILLING CODE 4910-9X-P