27524 Federal Register /Vol. 83, No. …

1 27524 Federal Register / Vol. 83, No. 114 / Wednesday, June 13, 2018 / Proposed Rules procedure replaces the hybrid using actual data at the cost pool level.'' ACTION:Advance notice of proposed approach's proxy incremental costs with Id. However, since the very reason we rulemaking. actual estimation of the incremental must rely on the approximation is costs of international products. Id. at 7. because such actual data at that level do SUMMARY: EPA promulgates regulations The Postal Service comments that not exist, that theoretical baseline does under authority provided in the Federal [t]his alone constitute[s] a clear not exist either.'' Id. environmental statutes such as the improvement over past practice.'' Id. at Clean Air Act (CAA), Clean Water Act 6. Furthermore, the Postal Service notes III. Notice and Comment (CWA), Safe Drinking Water Act that the change will allow the The Commission establishes Docket (SDWA), and many others. Most incremental cost model to directly No.

2 RM2018 6 for consideration of statutory provisions require or allow estimate the costs of producing all matters raised by the Petition. More some consideration of cost and benefits competitive products simultaneously, information on the Petition may be when setting pollution standards, but and thus provide exactly the accessed via the Commission's website there is variation in terminology and information needed to fully conduct the at Interested specificity provided in each law cross-subsidy test as intended.'' Id. at 7. persons may submit comments on the regarding the nature and scope of the The Postal Service estimates that the Petition and Proposal Three no later cost and benefit considerations. In this impact of procedure one would be to than June 29, 2018. Pursuant to 39 advance notice of proposed rulemaking raise competitive product incremental 505, Katalin K. Clendenin is (ANPRM), EPA is soliciting comment on costs by percent. Id. at 7 8. The designated as an officer of the whether and how EPA should Postal Service estimates that amount to Commission (Public Representative) to promulgate regulations that provide a be approximately $25 million.

3 Id. represent the interests of the general consistent and transparent The Postal Service argues that public in this proceeding. interpretation relating to the procedure two's proposed thresholds consideration of weighing costs and are appropriate because its testing IV. Ordering Paragraphs benefits in making regulatory decisions suggests that NSAs have no It is ordered: in a manner consistent with applicable appreciable inframarginal costs'' below 1. The Commission establishes Docket authorizing statutes. EPA is also these thresholds. Id. at 11. The Postal No. RM2018 6 for consideration of the soliciting comment on whether and how Service argues that when a product has matters raised by the Petition of the these regulations, if promulgated, could a very small volume relative to the other United States Postal Service for the also prescribe specific analytic products handled in the activity or cost Initiation of a Proceeding to Consider approaches to quantifying the costs and pool, the product's volume variable cost Proposed Changes in Analytical benefits of EPA regulations.

4 This and incremental cost will virtually be Principles (Proposal Three), filed June 1, ANPRM does not propose any the same.'' Id. at 9. For that reason, the 2018. regulatory requirements. Postal Service avers that the 2. Comments by interested persons in DATES: Comments must be received on calculation of incremental costs for the this proceeding are due no later than or before July 13, 2018. hundreds of domestic NSA's with June 29, 2018. ADDRESSES: Submit your comments, minimal volumes would require a 3. Pursuant to 39 505, the identified by Docket ID No. EPA HQ . material amount of scarce Postal Service Commission appoints Katalin K. resources, and the resulting incremental OA 2018 0107 at http://. Clendenin to serve as an officer of the Follow the online cost estimates for those products would Commission (Public Representative) to not be practically different from their instructions for submitting comments. represent the interests of the general Once submitted, comments cannot be volume variable costs.

5 '' Id. at 12. The public in this docket. Postal Service concludes that it and the edited or removed from 4. The Secretary shall arrange for EPA may publish any comment received Commission are better served when the publication of this order in the Federal Postal Service expends those resources to its public docket. Do not submit Register . electronically any information you on other, critical, costing issues.'' Id. With regard to procedure two's By the Commission. consider to be Confidential Business proposed cost driver change, the Postal Stacy L. Ruble, Information (CBI) or other information Service states that it is not possible Secretary. whose disclosure is restricted by statute.. to generate the required cost driver [FR Doc. 2018 12646 Filed 6 12 18; 8:45 am]. Multimedia submissions (audio, video, proportions for specific NSA products.'' etc.) must be accompanied by a written BILLING CODE 7710 FW P. Id. at 13. For this reason, the Postal comment.

6 The written comment is Service proposes to use the volume considered the official comment and variable cost ratio as a proxy for the should include discussion of all points ENVIRONMENTAL PROTECTION you wish to make. EPA will generally unknown true variable, the ratio of the AGENCY not consider comments or comment cost drivers.'' Id. at 17. In the Postal Service's view the approximation used contents located outside of the primary 40 CFR Ch. I submission ( , on the web, cloud, or for the missing driver ratios should reflect the characteristics of the missing [EPA HQ OA 2018 0107; FRL 9979 41 other file sharing system). For information as well as possible.'' Id. at OP] additional submission methods, the full 13. EPA public comment policy, amozie on DSK3 GDR082 PROD with PROPOSALS1. The Postal Service states that the RIN 2010 AA12 information about CBI or multimedia impacts associated with procedure two submissions, and general guidance on Increasing Consistency and making effective comments, please visit are less clear cut'' than procedure one Transparency in Considering Costs because there is no intuitive baseline and Benefits in the Rulemaking commenting-epa-dockets.

7 Against which to compare [results].'' Id. Process at 20. The Postal Service explains that FOR FURTHER INFORMATION CONTACT: For [i]n theory, the logical baseline would AGENCY: Environmental Protection further information on this document, be actual inframarginal costs calculated Agency (EPA). please contact Elizabeth Kopits, VerDate Sep<11>2014 16:45 Jun 12, 2018 Jkt 244001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\ 13 JNP1. Federal Register / Vol. 83, No. 114 / Wednesday, June 13, 2018 / Proposed Rules 27525. National Center for Environmental OMB's Circular A 4 3 and EPA's requirements) the Administrator Economics, Office of Policy, 1200 Guidelines for Preparing Economic determines has been adequately Pennsylvania Avenue NW, Mail Code Analyses 4 provides the Agency with demonstrated'' (42 111(a)(1)). 1809T, Washington, DC 20460, Phone: peer-reviewed guidance on how to Other provisions may only implicitly (202) 566 2299; @ conduct the analysis of regulatory direct EPA to consider costs, alone or in actions to comply with 12866 and conjunction with benefits and other SUPPLEMENTARY INFORMATION: This other executive orders and statutory factors, or be silent on whether costs notice is organized as follows: requirements ( , Small Business should or may be considered.

8 Regulatory Enforcement Fairness Act of I. Background Virtually all environmental statutes 1996 considerations). EPA's Guidelines II. Topics for Which EPA Is Seeking Input leave the specifics on how costs and establish a scientific framework for A. The Nature of Potential Problems of benefits are to be considered to EPA. analyzing the benefits, costs, and Inconsistency and Lack of Transparency The Agency interprets the terms used in B. Possible Approaches for Increasing economic impacts of regulations and the relevant statute and decides how Consistency and Transparency in policies, including assessing the best to weigh costs against benefits and Considering Costs and Benefits in the distribution of costs and benefits among other factors in making regulatory Rulemaking Process various segments of the population. They incorporate recent advances in decisions. A few statutory provisions C. Potential for Issuing Regulations To Govern EPA's Approach in Future theoretical and applied work in the field require that specific metrics ( , Rulemakings of environmental In this particular price changes) be included III.

9 Statutory and Executive Order Review ANPRM, EPA is taking comment on the among the costs'' to be considered (see role that regulatory analysis or aspects , Federal Insecticide, Fungicide, and I. Background of that analysis play in decision making Rodenticide Act (FIFRA), 7 EPA promulgates regulations to consistent with statutory direction, not 6(b)),6 but in most provisions costs'', protect public health and the what these existing guidance documents economic factors'', and similar terms environment under authority provided recommend about how best to conduct remain undefined and are included as in the Federal environmental statutes the underlying analysis of regulatory one item of unspecified weight among a that it implements, such as the CAA, actions. list of multiple factors that EPA is CWA, SDWA, and many others. The Most statutory provisions require or required to consider ( , CWA, 33. specific authorities given to the allow some consideration of cost and 304(b)(2)(B); CWA, 33 Administrator are established in various benefits when setting regulatory 1314(b)(2)(B); CAA, 42 sections and subsections of each statute, standards to achieve public health and 111(b)(1)(B) and 42 111(a)(1) 7).

10 Which range from broad authority ( , environmental benefits, but there can be Even when Congress does include to protect public health with an a significant variation in terminology statutory language to indicate how EPA. adequate margin of safety) to detailed and specificity provided in each law should weigh cost considerations requirements that specify standards or regarding the nature and scope of cost against benefits and other relevant require that standards be at least as and benefit considerations. For factors, there is considerable variation stringent as the best controlled similar example, Section 301 of the CWA in the language used and the statutory source. In addition to legislative instructs the Administrator to select the instruction provides little, if any, direction, regulatory agencies also take best available technology economically direction on what constitutes direction from the President and the achievable'' (33 1311(b)(2)(A)), appropriate consideration'', Office of Management and Budget and then requires EPA to take into reasonableness'', practicable'', within the Executive Office of the account the cost of achieving effluent President regarding what type of formal reductions when assessing best 6 FIFRA section 6(b) elaborates on the costs to be available technology (33 taken into account in cancellation of agricultural regulatory evaluation should be pesticide registrations by making clear that the performed during rulemaking.)