[Federal Register Volume 78, Number 188 (Friday, September 27, 2013)]
[Notices]
[Pages 59681-59684]
[FR Doc No: 2013-23688]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9901-45-Region2]

New York State Prohibition of Discharges of Vessel Sewage;
Receipt of Petition and Tentative Affirmative Determination

AGENCY: Environmental Protection Agency (EPA).

ACTION: Receipt of petition and tentative affirmative determination.

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SUMMARY: Notice is hereby given that, pursuant to Clean Water Act
Section 312(f)(3), the State of New York has determined that the
protection and enhancement of the quality of the New York State (NYS or
the State) area of Lake Erie requires greater environmental protection,
and has petitioned the United States Environmental Protection Agency,
Region 2, for a determination that adequate facilities for the safe and
sanitary removal and treatment of sewage from all vessels are
reasonably available for those waters, so that the State may completely
prohibit the discharge from all vessels of any sewage, whether treated
or not, into such waters.
    NYS has proposed to establish a ``Vessel Waste No Discharge Zone''
for the NYS area of Lake Erie stretching from the Pennsylvania-New York
State boundary to include the upper Niagara River to Niagara Falls. The
proposed No Discharge Zone encompasses approximately 593 square miles
and 84 linear shoreline miles, including the navigable portions of the
Upper Niagara River and numerous other tributaries and harbors,
embayments of the Lake including Barcelona Harbor, Dunkirk Harbor and
Buffalo Outer Harbor, and other formally designated habitats and
waterways of local, state, and national significance.
    On December 6, 2012, the EPA completed the review of NYS's petition
and issued a tentative affirmative determination in the Federal
Register that adequate facilities for the safe and sanitary removal and
treatment of sewage from all vessels for such waters are reasonably
available. During the 30-day public comment period, the EPA received
significant comments regarding the availability of adequate pumpouts
for commercial vessels. Specifically, two commenters submitted that the
December 6, 2012 notice did not contain adequate information about the
availability of pumpout facilities for large commercial vessels.
Therefore, the EPA and New York State collected additional information
to demonstrate the reasonable availability of pumpout services for
commercial vessels that use the New York area of Lake Erie. The EPA
hereby republishes its tentative affirmative determination with the
additional information included.

DATES: Comments regarding this tentative determination are due by
October 28, 2013.
    Petition: The Lake Erie No Discharge Zone Petition is available at:
http://www.epa.gov/region2/water/permits.html.

ADDRESSES: You may submit comments by any of the following methods:
     Email<EMAIL_ADDRESS>Include ``Comments on
Tentative Affirmative Decision for NYS Lake Erie NDZ'' in the subject
line of the message.
     Fax:<PHONE_NUMBER>.
     Mail and Hand Delivery/Courier: Moses Chang, U.S. EPA
Region 2, 290

Broadway, 24th Floor, New York, NY 10007-1866. Deliveries are only
accepted during the Regional Office's normal hours of operation (8 a.m.
to 5 p.m., Monday through Friday, excluding federal holidays.)

FOR FURTHER INFORMATION CONTACT: Moses Chang,<PHONE_NUMBER>, email
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Notice is hereby given that the State of New
York has petitioned the United States Environmental Protection Agency,
Region 2, (EPA) pursuant to section 312(f)(3) of Public Law 92-500 as
amended by Public Law 95-217 and Public Law 100-4, that adequate
facilities for the safe and sanitary removal and treatment of sewage
from all vessels are reasonably available for the NYS area of Lake
Erie.

New York State's Certification of Need

    The New York State Department of Environmental Conservation (DEC)
developed its petition in collaboration with the New York State
Department of State (DOS) and the New York State Environmental
Facilities Corporation (EFC) in order to establish a vessel waste No
Discharge Zone (NDZ) on the open waters, tributaries, harbors and
embayments of the New York State area of Lake Erie, and has submitted a
Certification of the Need for Greater Protection and Enhancement of
Lake Erie waters. Below is a summary of the basis for New York's
certification.
    The Great Lakes are the largest group of freshwater lakes on Earth,
containing 95% of the fresh surface water in the United States and
acting as the largest single reservoir on Earth. The glacial history
and the influence of the Lakes themselves create unique conditions that
support a wealth of biological diversity, including over 200 globally
rare plants and animals and more than 40 species that are found nowhere
else in the world.
    Lake Erie is the smallest and shallowest of the Great Lakes, with
depths that range from an approximate average of 24 feet in the western
basin, to 82 feet in the deeper eastern basin. Because of its
shallowness, it warms quickly in the spring and summer and cools
quickly in the fall. As a result, Lake Erie is the most biologically
productive of the Great Lakes.
    The Lake Erie watershed is also home to approximately one-third of
the total human population of the Great Lakes basin--11.6 million
people (10 million in the U.S. and 1.6 million in Canada), including 17
metropolitan areas with more than 50,000 residents. The majority, 11
million people, receive their drinking water from the Lake. Of all the
Great Lakes, Lake Erie is exposed to the greatest stress from
urbanization, industrialization and agriculture. Because the Lake Erie
basin supports the largest population, it also surpasses all the other
Great Lakes in the amount of effluent discharged from sewage treatment
plants.
    There are 18 designated Significant Coastal Fish and Wildlife
Habitats in the two counties that comprise New York's Lake Erie
shoreline including: Cattaraugus Creek, Dunkirk Harbor, Buckhorn Island
Wetlands and Grand Island Tributaries. These habitats are essential to
the survival of a large portion of lake fish or wildlife population and
support populations of species which are of special concern and which
have significant commercial, recreational, and educational value.
    The New York State shoreline and waters of Lake Erie also host a
variety of swimming, boating and recreational activities. These
recreational activities act as a source of revenue to the regional
economy by bringing people to the shoreline, where they patronize local
businesses.
    Virtually all of Lake Erie is classified by New York State as Class
A waters. This classification means that the best uses of these waters
are for drinking, culinary or food processing purposes, recreation and
fishing, and that the waters shall be suitable for fish, shellfish, and
wildlife propagation and survival. Also, when the water in the Lake is
used as a source of drinking water, it must comply with the New York
State Department of Health's (DOH) drinking water safety standards.
There are currently six New York municipal and community water
supplies, including Buffalo and Erie County, that draw water from Lake
Erie to serve approximately 275,000 people.
    In summary, as one of the nation's premier water bodies, Lake Erie
supports several important uses, including drinking water supplies,
valuable habitats, commercial shipping, recreational boating and other
recreational activities, and serves as an economic engine for the
region. The protection and enhancement of the open waters, tributaries,
harbors and embayments of the New York State area of Lake Erie require
greater protection than is afforded by applicable federal standards. An
NDZ designation covering the NYS waters of the Lake represents one
component of a comprehensive approach to water quality management,
which also includes initiatives to control point and non-point source
pollution, including pollution associated with municipal discharges,
combined sewer overflows, and storm water runoff.

Adequacy and Availability of Sewage Pumpout Facilities

    Adequate pumpout facilities for recreational vessels are defined,
under the Clean Vessel Act, as one pumpout station for every 300--600
boats. See Clean Vessel Act: Pumpout Station and Dump Station Technical
Guidelines (Federal Register, Vol. 59, No. 47, March 10, 1994). Two
major sources of information were consulted to develop a reasonable
estimate of recreational vessel population. The first was DOS's Clean
Vessel Act Plan (``Statewide Plan''), released in 1996. Using data from
the Statewide Plan, the estimated number of recreational vessels in
each of the counties bordering Lake Erie is 2,029. The second source
for the State's estimate of the recreational vessel population is
boater registrations, obtained through the New York State Office of
Parks, Recreation and Historic Preservation's 2010 Boating Report
(OPRHP Report) for the counties of Erie and Chautauqua (all of which
have shoreline on Lake Erie). The data in the OPRHP Report yields an
estimate of 2,204 vessels with marine sanitation devices (MSDs) in the
respective counties, which are assumed to operate in Lake Erie.
    The State provided sufficient information about fifteen pumpout
facilities that are publicly available for use by recreational and
small commercial vessels in the New York State area of Lake Erie, and
which either discharge to a holding tank, to a municipal wastewater
treatment plant or to an on-site septic system. All fifteen were
created through funding provided by the Clean Vessel Assistance Program
(CVAP), and are thus required to be open to the public. Nine additional
marinas are located along Lake Erie in New York State, including five
at which CVAP funding could support the development of future pumpout
facilities for recreational and small commercial vessels. However, only
the fifteen CVAP funded facilities were considered in determining the
adequacy and availability of pumpout facilities for those vessels.
Those facilities are summarized in Table 1, below. Using those fifteen
facilities, and the most conservative estimate of small vessel usage of
the NYS area of the Lake, the ratio of pumpout facilities to
recreational vessels is 15:2,204, or 1:147. This ratio falls well
within the range recommended in the Clean Vessel Act guidance, and
therefore demonstrates that adequate pumpout facilities for the safe
and sanitary

removal and treatment of sewage for recreational and small commercial
vessels are reasonably available for the New York State area of Lake
Erie.
    Lake Erie is also used by large commercial vessels. The commercial
vessel population was estimated using data from the National Ballast
Information Clearinghouse, which records ballast water discharge
reports for ships arriving, among other places, at the commercial ports
in Buffalo and Lackawanna. In 2010, ballast manifests showed 62 vessels
arriving at the Port of Buffalo and one arriving at the Gateway
Metroport, in Lackawanna. The majority (58) of these vessels were
bulkers, with two passenger ship arrivals and one more listed as
``other.'' The single arrival in Lackawanna was also a bulker. Two
commenters representing commercial vessel operators submitted comments
stating that more than 62 large commercial vessels use the New York
State area of Lake Erie. One commenter estimated that the number was
closer to 80, while the other commenter estimated that the number was
``over a hundred.''
    Although there is no fixed commercial vessel pumpout facility at
either the Port of Buffalo or the Port of Lackawanna, information
submitted in the petition, and by companies that provide mobile pumpout
services, demonstrates that at least four companies are available and
qualified to provide pumpout services to large commercial vessels at
either port. In addition to commenting on the number of commercial
vessels using the NYS area of Lake Erie, the two commenters submitted
criteria they believe are necessary for determining whether a pumpout
truck is able to service their vessels. Those criteria were taken into
consideration, and were partially incorporated into the list of final
criteria the EPA used to determine the reasonable availability of those
services. In addition, one commenter confirmed that, while large
commercial vessels can hold multiple thousands of gallons of
wastewater, it is more likely that when these vessels discharge sewage,
their holding tanks contain less than 4,000 gallons of wastewater.
Based on all of this information, the EPA had determined that four
mobile pumpout companies, with approximately ten pumpout trucks (listed
in Table 2, below), are able to provide pumpout services to large
commercial vessels at the ports of Buffalo and Lackawanna. Assuming,
conservatively, that 100 large commercial vessels use the NYS area of
Lake Erie and given that at least four companies with as many as ten
pumpout trucks are able to provide pumpout services to these vessels at
both New York ports, the ratio of pumpout facilities to commercial
vessels is at least 4:100, or 1:25. While the Clean Vessel Act guidance
applies, by its terms, only to recreational vessels, the ratio it
recommends is instructive for purposes of determining the reasonable
availability of pumpout services for large commercial vessels as well.
In light of the relatively low ratio of pumpout companies to large
commercial vessels (and the even lower ratio of pumpout trucks to large
commercial vessels), adequate pumpout facilities for the safe and
sanitary removal of sewage for large commercial vessels are reasonably
available for the New York State area of Lake Erie.

                Table 1--List of Sewage Pumpout Stations in the Proposed Lake Erie NDZ Serving Recreational and Small Commercial Vessels
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                                                                                Water
                 No.                             Name                   Location              Contact         Days and hours  of      depth       Fee
                                                                                information           operation           (feet)
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1....................................  City of Dunkirk--        Dunkirk Harbor.........<PHONE_NUMBER>  April 1-November 15, 6       6'-7'      $5.00
                                        Municipal Dock.                                                     a.m.-6 p.m..
2....................................  Niagara Frontier Trans.  Buffalo Harbor and<PHONE_NUMBER>  May 15-October 15, 7:00      6'-8'       0.00
                                        Authority--Small Boat    Buffalo River.                             a.m.-10:30 p.m..
                                        Harbor.
3....................................  RCR Yachts Skyway        Buffalo Harbor and<PHONE_NUMBER>  April 1-November 30,           12'       5.00
                                        Marina.                  Buffalo River.                             8:30 a.m.-5:30 p.m..
4....................................  City of Buffalo--Erie    Buffalo Harbor and<PHONE_NUMBER>  May 1-October 15, 7:00         10'       6.50
                                        Basin Marina.            Buffalo River.                             a.m.-7:00 p.m..
5....................................  Rich Marine Sales, Inc.  Buffalo Harbor and<PHONE_NUMBER>  May 1-November 1, 9:00          6'       5.00
                                                                 Buffalo River.                             a.m.-5:00 p.m..
6....................................  Harbour Place Marine     Buffalo Harbor and<PHONE_NUMBER>  April 15-October 31, 24        12'       5.00
                                        Sales, Inc.              Buffalo River.                             Hours.
7....................................  NYSOPRHP--Beaver Island  Grand Island...........<PHONE_NUMBER>  May 15-October 15, 24          10'       5.00
                                        State Park Transient                                                Hours.
                                        Marina.
8....................................  Blue Water Marine......  Grand Island...........<PHONE_NUMBER>  May 1-November 1, 9:00          5'       0.00
                                                                                a.m.-7:00 p.m..
9....................................  Mid River Marina Inc...  Tonawanda Creek........<PHONE_NUMBER>  April 1-September 30,           5'       5.00
                                                                                9:00 a.m.-6:00 p.m..
10...................................  Collins Marine Inc.....  Tonawanda Creek........<PHONE_NUMBER>  April 1-November 1, 24          6'       5.00
                                                                                Hours.
11...................................  The Shores/Placid        Tonawanda Creek........<PHONE_NUMBER>  April 15-October 15,           12'       5.00
                                        Harbor Marine--                                                     9:00 a.m.-9:00 p.m..
                                        Tonawanda Marine
                                        Develop Corp..
12...................................  Niagara River Yacht      Tonawanda Creek........<PHONE_NUMBER>  May 1-November 1, Dusk-         NA       3.00
                                        Club.                                                               Dawn.
13...................................  Smith Boys of North      Tonawanda Creek........<PHONE_NUMBER>  April-November, 24              8'       0.00
                                        Tonawanda--Upgrade.                                                 Hours.
14...................................  East Pier Marine, Inc..  Tonawanda Creek........<PHONE_NUMBER>  May 1-November 15, 9:00         5'       5.00
                                                                                a.m.-8:00 p.m..
15...................................  NYSOPRHP--Big Six Mile   Grand Island...........<PHONE_NUMBER>  May 1-November 1, 24           10'       5.00
                                        Creek State Marina.                                                 Hours.
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                                       Table 2--List of Sewage Pumpout Services Capable of Serving Large Commercial Vessels in the Proposed Lake Erie NDZ
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                                                                                of sewage
                                                          Location &  contact     hauler pumpout       Days and hours of      Hose fittings &        Head pump       Truck serve the    Fee/cost
               No.                   Name of  company         information         trucks/holding           operation           length (feet)     pressure to reach      port area      per 1,000
                                                                                capacity                                                         46.5 Ft                             gal
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1................................  Macken Services, Inc  22 Simme Road,        3 sewage trucks--2    Mon-Fri 7:00 a.m.-    Flexible 100 ft.....  Yes..............  Yes..............      $ 230
                                                          Lancaster, NY         4,000 gal and 1--     5:00 p.m.; or by
                                                          14086, Tel--716-683-  2,500 gal.            appointment.
                                                          0704.
2................................  Meyer Septic Service  7130 Olean Road,      3 sewage trucks--     Mon-Fri 8:00 a.m.-    Flexible up to 175    Yes..............  Yes..............        255
                                                          South Wales, NY       3,500 gal each.       2:00 p.m.; or by      ft.
                                                          14139, Tel--716-652-                        appointment.
                                                          0553.
3................................  Western New York      3045 Daniels Road,    2 sewage trucks--     Mon-Fri 7:00 a.m.-    Flexible up to 200    Yes..............  Yes..............        350
                                    Septic Tank           Wilson, NY 14172,     4,000 gal each.       5:00 p.m.; or by      ft.
                                    Cleaning Service.     Tel--716-751-9611.                          appointment.
4................................  Ball Toilet & Septic  3725 Jeffrey Blvd.,   2 sewage trucks--     Mon-Fri 6:00 a.m.-    Flexible up to 200    Yes..............  Yes..............        230
                                    Service.              Blasdell, NY14219,    1,000 gal and 5,000   4:30 p.m.; or by      ft.
                                                          Tel--716-823-3606.    gal.                  appointment.
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    Based on the above, the EPA hereby proposes to make an affirmative
determination that adequate facilities for the safe and sanitary
removal and treatment of sewage from all vessels are available for the
waters of the New York State area of Lake Erie. A 30 day period for
public comment has been opened on this matter, and the EPA invites any
comments relevant to its proposed determination. If, after the public
comment period ends, the EPA makes a final affirmative determination
that adequate facilities for the safe and sanitary removal and
treatment of sewage from all vessels are reasonably available for the
New York State area of Lake Erie, the State may completely prohibit the
discharge from all vessels of any sewage, whether treated or not, into
such waters.

    Dated: September 17, 2013.
Judith A. Enck,
Regional Administrator, Region 2.
[FR Doc. 2013-23688 Filed 9-26-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 74 (Wednesday, April 17, 2013)]
[Rules and Regulations]
[Pages 22798-22800]
[FR Doc No: 2013-08981]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 107 and 171

[Docket No. PHMSA-2012-0257 (HM-258)]
RIN 2137-AE96

Hazardous Materials: Revision of Maximum and Minimum Civil
Penalties

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

ACTION: Final rule.

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SUMMARY: PHMSA is revising the references in its regulations to the
maximum and minimum civil penalties for a knowing violation of the
Federal hazardous material transportation law or a regulation, order,
special permit, or approval issued under that law. As amended in the
``Moving Ahead for Progress in the 21st Century Act'' (MAP-21),
effective October 1, 2012, the maximum civil penalty for a knowing
violation is now $75,000, except that the maximum civil penalty is
$175,000 for a violation that results in death, serious illness, or
severe injury to any person or substantial destruction of property. In
addition, there is no longer a minimum civil penalty amount, except
that the minimum civil penalty amount of $450 applies to a violation
relating to training.

DATES: Effective Date: April 17, 2013.

FOR FURTHER INFORMATION CONTACT: Deborah Boothe, Office of Hazardous
Materials Safety,<PHONE_NUMBER>; or Joseph Solomey, Office of Chief
Counsel,<PHONE_NUMBER>, Pipeline and Hazardous Materials Safety
Administration, U.S. Department of Transportation, 1200 New Jersey
Avenue SE., Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

I. Civil Penalty Amendments

    In Section 33010 of MAP-21 (Pub. L. 112-141, 126 Stat. 837 [July 6,
2012]), Congress revised the maximum and minimum civil penalties set
forth in 49 U.S.C. 5123(a) for a knowing violation of the Federal
hazardous material transportation law or a regulation, order, special
permit, or approval issued under that law. These changes to the civil
penalty amounts apply to violations occurring on or after October 1,
2012. Accordingly, PHMSA is revising the references to the maximum and
minimum civil penalty amounts in its regulations to reflect the changes
to Section 5123 of the Federal hazardous material transportation law.
In 49 CFR 107.329, Appendix A to subpart D of 49 CFR part 107, and 49
CFR 171.1, we are:
     Revising the maximum civil penalty from $55,000 to $75,000
for a person who knowingly violates the Federal hazardous material
transportation law or a regulation, order, special permit, or approval
issued under that law.
     Revising the maximum civil penalty from $110,000 to
$175,000 for a person who knowingly violates the Federal hazardous
material transportation law or a regulation, order, special permit, or
approval issued under that law that results in death, serious illness,
or severe injury to any person or substantial destruction of the
property.
     Removing the current $250 minimum civil penalty and
revising the minimum penalty amount to $450 for a violation related to
training.
    Because these revisions simply set forth changes in the law and are
part of PHMSA's general statements of agency policy and procedure,
notice and comment is not necessary.

II. Rulemaking Analyses and Notices

A. Statutory/Legal Authority for This Rulemaking

    This final rule is published under the authority of the Federal
hazardous materials transportation law (49 U.S.C. 5101 et seq.).
Section 5123(a) of that law provides civil penalties for knowing
violations of Federal hazardous material transportation law or a
regulation, order, special permit, or approval issued under that law.
This rule revises the references in PHMSA's regulations by (1) revising
the maximum penalty amount for a knowing violation and a knowing
violation resulting in death, serious illness, or severe injury to any
person or substantial destruction of property to $75,000 and $175,000,
respectively, and (2) removing the minimum penalty amount, except for
the minimum penalty amount of $450 for a violation related to training.

B. Executive Order 12866, Executive Order 13563, and DOT Regulatory
Policies and Procedures

    This final rule has been evaluated in accordance with existing
policies and procedures and determined to be non-significant under
Executive Orders 12866 and 13563. Accordingly, this final rule was not
reviewed by the Office of Management and Budget (OMB). Further, this
rule is not a significant regulatory action under the Regulatory
Policies and Procedures of the DOT because it is limited to a
ministerial act on which the agency has

no discretion. 44 FR 11034. The economic impact of the final rule is
minimal to the extent that preparation of a regulatory evaluation is
not warranted. Given the low number of penalty actions within the scope
of this final rule, the impacts will be very limited. We provide,
however, the following information regarding cases and tickets
involving the maximum and minimum civil penalties to establish the
scope economic impacts associated with this final rule.
Maximum Civil Penalty
    In reviewing Penalty Action Reports and enforcement data from 2010-
2012, PHMSA has found that twenty-one separate cases have been referred
by field operations to chief counsel with one or more violations with a
recommended penalty greater than $50,000. Of those cases, seventeen are
pending, and four have been finalized. In three of the four finalized
cases, the penalty assessed in the Order was reduced below the maximum
based on corrective actions, finances, or based on statutory criteria
that PHMSA must consider. In one case, the company paid the maximum
civil penalty.
Minimum Civil Penalty
    In reviewing Penalty Action Reports and enforcement data from 2010-
2012, PHMSA has found that approximately 325 tickets that are not
related to training have been issued with a penalty of $500 or less.
These penalties would include actions in which the minimum civil
penalty was assessed for one or more violations. In addition, there
were no cases with a recommended penalty less than $500. Even though
these minimum penalties are no longer required, they will likely be
issued. The minimum civil penalty is expected to be used in a very
limited number of actions under very exceptional circumstances. For
example, a person that demonstrates a willingness to comply, works with
PHMSA to correct violations, and is facing financial hardship may be
granted leniency from a civil penalty.
    Executive Order 13563 is supplemental to and reaffirms the
principles, structures, and definitions governing regulatory review
that were established in Executive Order 12866 Regulatory Planning and
Review of September 30, 1993. In addition, Executive Order 13563
specifically requires agencies to: (1) Involve the public in the
regulatory process; (2) promote simplification and harmonization
through interagency coordination; (3) identify and consider regulatory
approaches that reduce burden and maintain flexibility; (4) ensure the
objectivity of any scientific or technological information used to
support regulatory action; and (5) consider how to best promote
retrospective analysis to modify, streamline, expand, or repeal
existing rules that are outmoded, ineffective, insufficient, or
excessively burdensome.
    This final rule is being undertaken to address our statutory
requirements. It does not conflict with Executive Order 12866,
Executive Order 13563, or DOT Regulatory Policies and Procedures. This
rule imposes no new costs upon persons conducting hazardous materials
operations in compliance with the requirements of the HMR. Those
entities not in compliance with the requirements of the HMR may
experience an increased cost based on the penalties levied against them
for non-compliance; however, this is an avoidable, variable cost and
thus is not considered in any evaluation of the significance of this
regulatory action. The amendments in this rule could provide safety
benefits (i.e., larger penalties deterring knowing violators). Overall,
it is anticipated this rulemaking would be cost neutral.

C. Executive Order 13132

    This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13132 (``Federalism''). This
rule does not impose any regulation having substantial direct effects
on the states, the relationship between the national government and the
states, or the distribution of power and responsibilities among the
various levels of government. Therefore, the consultation and funding
requirements of Executive Order 13132 do not apply.

D. Executive Order 13175

    This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13175 (Consultation and
Coordination with Indian Tribal Governments). Because this final rule
does not have adverse tribal implications and does not impose direct
compliance costs, the funding and consultation requirements of
Executive Order 13175 do not apply, and, a tribal summary impact
statement is not required.

E. Regulatory Flexibility Act, Executive Order 13272, and DOT
Procedures and Policies

    The Regulatory flexibility Act (5 U.S.C. 601-611) requires each
agency to analyze regulations and assess their impact on small
businesses and other small entities to determine whether the rule is
expected to have a significant impact on a substantial number of small
entities. The provisions of this rule apply specifically to all
business transporting hazardous material. Therefore, PHMSA certifies
this rule would not have a significant economic impact on a substantial
number of small entities.

F. Paperwork Reduction Act

    There are no new information requirements in this final rule.

G. Regulation Identifier Number (RIN)

    A regulation identifier number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
spring and fall of each year. The RIN contained in the heading of this
document can be used to cross-reference this action with the Unified
Agenda.

H. Unfunded Mandates Reform Act of 1995

    This final rule does not impose unfunded mandates under the
Unfunded Mandates Reform Act of 1995. It does not result in costs of
$141.3 million or more, in the aggregate, to any of the following:
state, local, or Native American tribal governments, or to the private
sector.

I. Environmental Assessment

    The National Environmental Policy Act of 1969 (NEPA), as amended
(42 U.S.C. 4321-4375), requires Federal agencies to consider the
consequences of major federal actions and prepare a detailed statement
on actions significantly affecting the quality of the human
environment. When developing potential regulatory requirements, PHMSA
evaluates those requirements to consider the environmental impact of
each amendment. Specifically, PHMSA evaluates the: risk of release and
resulting environmental impact; risk to human safety, including any
risk to first responders; longevity of the packaging; and if the
proposed regulation would be carried out in a defined geographic area,
the resources, especially any sensitive areas, and how they could be
impacted by any proposed regulations. These amendments would be
generally applicable and not be carried out in a defined geographic
area. Civil penalties may act as a deterrent to those violating the
HMR, and, this can have a negligible positive environmental impact as a
result of increased compliance with the HMR. Based on the above
discussion PHMSA concludes there are no significant environmental
impacts associated with this final rule.

J. Privacy Act

    Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comments (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) which may be
viewed at http://www.gpo.gov/fdsys/pkg/FR-2000-04-11/pdf/00-8505.pdf.

K. Executive Order 13609 and International Trade Analysis

    Under Executive Order 13609, agencies must consider whether the
impacts associated with significant variations between domestic and
international regulatory approaches are unnecessary or may impair the
ability of American business to export and compete internationally. In
meeting shared challenges involving health, safety, labor, security,
environmental, and other issues, international regulatory cooperation
can identify approaches that are at least as protective as those that
are or would be adopted in the absence of such cooperation.
International regulatory cooperation can also reduce, eliminate, or
prevent unnecessary differences in regulatory requirements.
    Similarly, the Trade Agreements Act of 1979 (Pub. L. 96-39), as
amended by the Uruguay Round Agreements Act (Pub. L. 103-465),
prohibits Federal agencies from establishing any standards or engaging
in related activities that create unnecessary obstacles to the foreign
commerce of the United States. For purposes of these requirements,
Federal agencies may participate in the establishment of international
standards, so long as the standards have a legitimate domestic
objective, such as providing for safety, and do not operate to exclude
imports that meet this objective. The statute also requires
consideration of international standards and, where appropriate, that
they be the basis for U.S. standards.
    PHMSA participates in the establishment of international standards
in order to protect the safety of the American public, and we have
assessed the effects of the final rule to ensure that it does not cause
unnecessary obstacles to foreign trade. Accordingly, this rulemaking is
consistent with Executive Order 13609 and PHMSA's obligations.

List of Subjects

49 CFR Part 107

    Administrative practices and procedure, Hazardous materials
transportation, Packaging and containers, Penalties, Reporting and
recordkeeping requirements.

49 CFR Part 171

    Exports, Hazardous materials transportation, Hazardous waste,
Imports, Reporting and recordkeeping requirements.

    In consideration of the foregoing, 49 CFR Chapter I is amended as
follows:

PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES

0
1. The authority citation for part 107 is revised to read as follows:

    Authority: 49 U.S.C. 5101-5128, 44701; Pub. L. 101-410 section 4
(28 U.S.C. 2461 note); Pub. L. 104-121, sections 212-213; Pub. L.
104-134, section 31001; 49 CFR 1.81 and 1.97

0
2. Section 107.329 is revised to read as follows:

Sec.  107.329  Maximum penalties.

    (a) A person who knowingly violates a requirement of the Federal
hazardous material transportation law, an order issued thereunder, this
subchapter, subchapter C of the chapter, or a special permit or
approval issued under this subchapter applicable to the transportation
of hazardous materials or the causing of them to be transported or
shipped is liable for a civil penalty of not more than $75,000 for each
violation, except the maximum civil penalty is $175,000 if the
violation results in death, serious illness or severe injury to any
person or substantial destruction of property. There is no minimum
civil penalty, except for a minimum civil penalty of $450 for
violations relating to training. When the violation is a continuing
one, each day of the violation constitutes a separate offense.
    (b) A person who knowingly violates a requirement of the Federal
hazardous material transportation law, an order issued thereunder, this
subchapter, subchapter C of the chapter, or a special permit or
approval issued under this subchapter applicable to the design,
manufacture, fabrication, inspection, marking, maintenance,
reconditioning, repair or testing of a package, container, or packaging
component which is represented, marked, certified, or sold by that
person as qualified for use in the transportation of hazardous
materials in commerce is liable for a civil penalty of not more than
$75,000 for each violation, except the maximum civil penalty is
$175,000 if the violation results in death, serious illness or severe
injury to any person or substantial destruction of property. There is
no minimum civil penalty, except for a minimum civil penalty of $450
for violations relating to training.

0
3. In Appendix A to subpart D of part 107, in Section IV.C., the first
sentence is revised to read as follows:

Appendix A to Subpart D of Part 107--Guidelines for Civil Penalties

* * * * *

IV. * * *

C. * * *

    Under the Federal hazmat law, 49 U.S.C. 5123(a), each violation
of the HMR and each day of a continuing violation (except for
violations relating to packaging manufacture or qualification) is
subject to a civil penalty of up to $75,000 or $175,000 for a
violation occurring on or after October 1, 2012. * * *
* * * * *

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

0
4. The authority citation for part 171 is revised to read as follows:

    Authority: 49 U.S.C. 5101-5128, 44701; Pub. L. 101-410 section 4
(28 U.S.C. 2461 note); Pub. L. 104-134, section 31001; 49 CFR 1.81
and 1.97.

0
5. In Sec.  171.1, paragraph (g) is revised to read as follows:

Sec.  171.1  Applicability of Hazardous Materials Regulations (HMR) to
persons and functions.

* * * * *
    (g) Penalties for noncompliance. Each person who knowingly violates
a requirement of the Federal hazardous material transportation law, an
order issued under Federal hazardous material transportation law,
subchapter A of this chapter, or a special permit or approval issued
under subchapter A or C of this chapter is liable for a civil penalty
of not more than $75,000 for each violation, except the maximum civil
penalty is $175,000 if the violation results in death, serious illness
or severe injury to any person or substantial destruction of property.
There is no minimum civil penalty, except for a minimum civil penalty
of $450 for a violation relating to training.
* * * * *

    Issued in Washington, DC on April 9, 2013 under authority
delegated in 49 CFR part 1.
Cynthia Quarterman,
Administrator, Pipeline and Hazardous Materials Safety Administration.
[FR Doc. 2013-08981 Filed 4-16-13; 8:45 am]
BILLING CODE 4910-60-P