
[Federal Register Volume 82, Number 25 (Wednesday, February 8, 2017)]
[Rules and Regulations]
[Page 9682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02594]



[[Page 9682]]

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ENVIRONMENTAL PROTECTION AGENCY

DEPARTMENT OF DEFENSE

40 CFR Part 1700

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


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

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

ACTION: Final rule; delay of effective date.

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

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

FOR FURTHER INFORMATION CONTACT: Katherine B. Weiler, Marine Pollution 
Control Branch (4504T), U.S. EPA, 1200 Pennsylvania Avenue NW., 
Washington, DC 20460; (202) 566-1280; weiler.katherine@epa.gov, or Mike 
Pletke, Chief of Naval Operations (N45), 2000 Navy Pentagon (Rm. 
2D253), Washington, DC 20350-2000; (703) 695-5184; 
mike.pletke@navy.mil.

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

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


