+(,121/,1(

Citation: 49 Fed. Reg. 39731 1984

Provided by:
University of Michigan Law Library

Content downloaded/printed from HeinOnline

Tue Mar 28 17:18:13 2017

-- Your use of this HeinOnline PDF indicates your acceptance

of HeinOnline's Terms and Conditions of the license
agreement available at http://heinonline.org/HOL/License

-- The search text of this PDF is generated from

uncorrected OCR text.
 Federal Register / Vol. 49, No. 197 / Wednesday, October 10. 1984 / Notices
wholesaler and retailer of Amoco motor
gasoline, pursuant to which the firm had
received a refund based on the wholesaler's
34 percent portion of the volumetric refund
amount. O'Connell subsequently requested a
refund with respect to the motor gasoline that
it sold from its retail outlets. The DOE
concluded that O'Connell should receive an
additional refund of $1.062, based on the 6
percent difference between the retailer's 40
percent share and the wholesaler's 34 percent
share of the volumetric refund amount.
Dismissal
The following submission was dismissed:
Name Case No
__.
Vairbus Corp....-..._ HRO-0053
Copies of the full text of these
decisions and orders are available in the
Public Docket Room of the Office of
Hearings and Appeals, Room 1E-234,
Forrestal Building, 1000 Independence
Avenue. S.W., Washington. D.C. 20585,
Monday through Friday, between the
hours of 1:00 p.m. and 5:00 p.m., except
federal holidays. They are also available
in Energy Management.FederalEnergy
Guidelines,a commercially published
loose leaf reporter system.
Dated: September 18. 1984.
George E. Breznay.
Director,Office of HearingsandAppeals.
[FR Do- b4-26764 Filed 10-9-84: &45 am Il
BILLING CODE 6450-01-M
Objection to Proposed Remedial
Orders Filed; Week of August 13
Through August 17, 1984
During the week of August 13 through
August 17, 1984, the notices of objection
to proposed remedial orders listed in the
Appendix to this Notice were filed with
the Office of Hearings and Appeals of
the Department of Energy.
Any person who wishes to participate
in the proceeding the Department of
Energy will conduct concerning the
proposed remedial orders described in
the Appendix to this notice must file a
request to participate pursuant to 10
CFR 205.194 within 20 days after
publication of this Notice. The Office of
Hearings and Appeals will then
determine those persons who may
participate on an active basis in the
proceeding and will prepare an official
service list, which it will mail to all
persons who filed requests to
participate. Persons may also be placed
on the official to participate. Persons
may'also be placed on the official
service list as non-participants for good
cause shown.
All requests to participate in the
proceedings should be filed with the
Office of Hearings and Appeals.
Department of Energy. Washington. D.C.
20585.
Dated: September 26,1984.
George G.Breznay.
Director.Office of Hearings ondAppeals.
InternationalPetroleumRefining &Supply
Co.. Denver. CO.: HRO-0243,Crude Oil
On August 17.1984. International
Petroleum Refining &Supply Sdad. Ltda. of
Denver. Colorado filed a Notice of Objection
to a Proposed Remedial Order which the
Economic Regulatory Administration (ERA)
issued to the firm on July 11.1984. In the PRO.
the ERA alleges that during the period
November 1974 through December 19'0, the
firm sold crude oil in violation ofl0 CFR
21.93, 212.186. 210.02(c). 203.202 and z12.18z.
According to the PRO the violations resulted
in S5.228.439.94 of overcharges.
Marathon Petroleum Co.. MarathonOil Co,.
Findlay.OH: HRD. 0242 Crude oil
On August 17.1984. Marathon Petroleum
Company and Marathon Oil Company
(Marathon) of Findlay. Ohio. filed a notice or
Objection to a Proposed Order of
Disallowance which the Office of Specil
Counsel of the Economic Regulatory
Administration issued to the firm on July 20.
1984. In the POD the Office of Special
Counsel found that during 1979, Marathon
claimed and reported costs of imported crude
oil in excess of those allowable under DOE
regulations. According to the POD the
Marathon violation resulted in S17.034.57754
of cost overstatements.
As a remedy for this violation, the POD
states that Marathon's costs should be
disallowed by the amounts which exceed
DOE's representative prices in the months in
which the costs were incurred and that
Marathon should recalculate its costs and
make refunds of any resulting overcharges,
plus interest.
Murphy Oil Corp.. El Dorado,AR, HRO-0244,
Refined PetroleumProducts
On August 16.1984. Murphy Oil Co.. 200
Jefferson Ave.. El Dorado. Arkansas 71730.
filed a Notice of Objection to a Proposed
Remedial Order which the DOE Southwest
District Office Of Enforcement issued to the
firm on August 16.1984. In the PRO the
Southwest District found that during the
period August 1973 through December 1978.
Murphy received revenues in excess of those
allowed by the DOE refiner price regulations
by failing to reduce its crude oil costs by the
amounts of revenues it received from import
tickets. The PRO contemplates that Murphy
recalculate the cost of its crude oil from
August 1973 through January 1931 and remit
any overcharges, plus interest to the DOE.
Murphy Oil Corp.. El Dorado,AR: HR0-0248
Refined PetroleumProducts
On August 16,1984. Murphy Oil
Corporation. 200 Jefferson Ave.. El Dorado.
Arkansas 71730. filed a Notice of Objection to
a Proposed Remedial Order which the Office
of Special Counsel of the DOE Economic
Regulatory Administration issued to the firm
on April 16.1984. In the PRO. the Office of
Special Counsel found that during the period
39731
August 1973 through December 1978. Murphy
improperly calculated its increased non-
product costs, in violation ofl1 CFR Part 212.
Subpart E. According to the PRO the
violation resulted in $2.010.587 of
overcharges.
IRa 17 ,I-Zr:6 F! la-3-,. P-45 am.j
BILUNG COOE 64.50-01-M
ENVIRONMENTAL PROTECTION
AGENCY
[FRL 2646-4]
California State Motor Vehicle
Pollution Control Standards;
Amendments Within the Scope of
Previous Waivers of Federal
Preemption; Summary of
Determination
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice of scope of waiver of
Federal preemption.
SUMMARY: The California Air Resources
Board (CARE) has notified EPA that it
has adopted optional 1984 model year
heavy-duty engine exhaust emission
standards based on the Federal
transient cycle test procedures. The
amendments were adopted to ensure
consistency between the California and
Federal certification requirements.
Other amendments to California's
optional transient standards and test
procedures for 1984 model year heavy-
duty engines delay for one year the
Federal crankcase emission requirement
for naturally aspirated heavy-duty
diesel engines toprovide adequate
compliance time for manufacturers and
make minor changes in the optional
engine labeling requirements to avoid
consumer confusion. I find these
amendments to be included within the
scope of previously granted waivers of
Federal preemption. Since these
amendments are included within the
scope of these waivers, a public hearing
or comment period to consider them is
not necessary. However, if any party
asserts an objection to these findings
within 30 days of the date of publication
of this notice, EPA will consider holding
a public hearing to provide an
opportunity to present testimony and
evidence to show that there are issues to
be addressed through a section 209(b)
waiver determination and that I should
reconsider my findings. Otherwise, these
findings will become final at the
expiration of this 30-day period.
DATES: Any objection to the findings in
this notice must be filed within 30 days
of the date of this notice; otherwise, at
the expiration of this 30-day period
 39732 Federal Register / Vol. 49, No. 197 / Wednesday, October 10, 1984 / Notices
these findings will become final. Upon
the receipt of any timely objection, EPA I within the scope of previously granted
will consider scheduling-a public
hearing in a subsequent Federal Register waivers
notice.
ADDRESSES: Any objection to the
findings in this notice should be filed
with Mr. Charles N. Freed, Director,
Manufacturers Operations Division
(EN-340), U.S. Environmental Protection
Agency, 401 M Street, SW., Washington, unless an objection is filed and a public
D.C. 20460.
Copies of the California amendments
at issue in this notice, a decision
document containing an explafiation of
my determination; and documents used
in arriving at this determinationare
available for public inspection during
normal working hours (8:00 a.m. to 4:00
p.m.) at the Environmental Protection
Agency, Central Docket Section, Gallery review of this action is available only by
I, 401 M Street, SW., Washington, D.C.
20460 (Docket EN-83-08). Copies of the
decision document can be obtained from publication.Circuit
EPA's Manufacturers Operations
Division by contacting Ms. Crowe, as
noted below.
FOR FURTHER INFORMATION CONTACT:
Alice Crowe, Attorney/Advisor,
Manufacturers Operations Division
(EN-340-F), U.S. Environmental
Protection Agency, Washington, D.C.
20460, (202) 382-2526.
SUPPLEMENTARY INFORMATION: I have
determined that CARB's amendments
are within the scope of waivers of
Federal preemption previously granted
pursuant to section 209(b) of the Clean
Air Act, as amended (Act).' Specifically, of $100 million or more:
the changes include optional 1984 model
year heavy-duty engine exhaust
emissions standards based on the
Federal transient test cycle procedures,
and two amendments that revise these
optional standards. The first amendment competition, employment, investment,
to the optional standards would delay
for one year until the 1985 model year
the Federal crankcase emission
standard for naturally-aspirated heavy-
duty diesel engines. The second
amendment would substitute existing
California labeling requirements for the
originally adopted Federal labeling
requirements for all heavy-duty engines
starting in the 1984 model year. These
changes do not undermine California's
determination that its own standards
are, in the aggregate, at least as
protective as Federal standards.
A full explanation of my
determination is contained in a decision
document, which may be obtained from
EPA as noted above.
143 FR998 (January5. 1978); 43 FR 25729 IJune 14,
1978): 47 FR 1015 flanuary a, 1552).
Since these amendments are included
of Federal preemption, a public
hearing to consider them is not
necessary. The public has not had an
opportunity to comment in advance of'
this determination. Therefore, my
determination on these amendments will
become final at the expiration of 30 days
following publication of this notice,
hearing is scheduled.
Note.-My decision will affect not only
persons in California but also the
manufacturers located outside the State who
must comply with California's requirements
in order to produce motor vehicles for sale in
California. For this reason I hereby determine
and find that this decision is of nationwide
scope and efffect. Accordingly, judicial
filing a petition for review in the United
States Court of Appeals for the District of
Columbia
within 90 days of
Under section 307(b)(2) of the
Act, the requirements which are the subject
of today's notice may not be challenged later
in judicial proceedings brought by EPA to
enforce these requirements.
Section 3(b) of Executive Order 12291,
46 FR 13193 IFebruary 19, 1981) requires
EPA to determine initially whether a
rule that it intends to propose or issue is
a major rule and to prepare Regulatory
Impact Analyses for all major rules.
Section 2(b) of the Order defines "major
rule" as any regulation that is likely to
result in:
(1) An annual effect on the economy
(2) A major increase in costs or price.
for consumers, individual industries,
Federal, State.or local Government
agencies, or geographic regions; or
(3) Significant adverse effects on
productivity, innovative, or on the
ability of United States-based
enterprises to compete with foreign-
based enterprises in domestic or export
markets.
EPA has determined that this action
does not constitute a major rule. The
action assures consistency between
California and Federal requirements and
as such reduces regulatory requirements
on manufacturers. If anything, the action
will likely result in cost savings to
consumers, Government agencies and
industries affected because of the
Teduced requirements.
Accordingly, a Regulatory Impact
Analysis is not being prepared for this
waiver determination.
This action is not a "rule" as defined
in 5 U.S.C. 601(2) because EPA is not
required to undergo "notice and
comment" under section 553(b) of the
Administrative Procedure Act, or any
other law. Therefore, EPA has not
prepared a supporting regulatory
flexibility analysis addressing the
impact of this action on small business
entities.
Dated: October 2,1984.
Alvin L. Aim,
DeputyAdminisLrator.
[FRDoc. 84-20721 Filed
10-9-84:8.45 amj
BILLING CODE 6560-50-M
[SAB-FRL-2689-5]
Science Advisory Board Executive
Committee; Open Meeting
Under Pub. L. 92-463, notice is hereby
given that a two-day meeting of the
Executive Committee of the Science
Advisory Board will be held on October
24-25,1984, in Conference Room 1103,
West Tower, 401 M Street, SW,
Washington, D.C. 20460. The meeting
will begin at approximately 9:15 am on
October 24 and will adjourn at
approximately noon on October 25.
Among the principal issues will be: (1)
A briefing on interagency risk
assessment and risk management
efforts; (2) Committee and
Subcommittee reports of Science
Advisory Board; and (3)a discussion
with the Administrator.
The meeting will be open to the
public. Any member of the public
wishing to attend or obtain information
should contact Dr. Terry F. Yosie,
Director, Science Advisory Board, (202)
382-4126 before close of business
October 19,1984.
Terry F. Yosie,
DirectorScience Advisory Board.
[FR Doc. 84-26718 Filcd 10-9-84:8:45 timn
BILLING CODE 6=40-0-M
FEDERAL EMERGENCY
MANAGEMENT AGENCY
Agency Information Collection
Submitted to the Office of
Management and Budget for
Clearance
The Federal Emergency Management
Agency (FEMA) has submitted to the
Office of Management and Budget the
following information collection
packages for approval in accordance
with the Paperwork Reduction Act (44
U.S.C. Chapter 35).
Title: State Operating Plan for
Superfund Temporary Relocation
Type: Extension of 3067-0150
Abstract: This plan is used to document
the State's proposal for temporary
relocation implementation. It also