[Federal Register Volume 77, Number 173 (Thursday, September 6, 2012)]
[Proposed Rules]
[Pages 54856-54859]
[FR Doc No: 2012-21944]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0931; Directorate Identifier 2011-NM-128-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
The Boeing Company Model 727, 727C, 727-100, 727-100C, 727-200, and
727-200F series airplanes. This proposed AD was prompted by a
structural re-evaluation by the manufacturer, which identified elements
within the wing trailing edge flap area that qualify as structural
significant items (SSI). This proposed AD would require revising the
maintenance inspection program to include inspections that will give no
less than the required damage tolerance rating for certain SSIs, and
repairing cracked structure. We are proposing this AD to detect and
correct fatigue cracking of the wing trailing edge structure, which
could result in compromised structural integrity of the airplane.

DATES: We must receive comments on this proposed AD by October 22,
2012.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, Washington. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (phone:<PHONE_NUMBER>) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.

FOR FURTHER INFORMATION CONTACT: Berhane Alazar, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office
(ACO), 1601 Lind Avenue SW., Renton, Washington 98057-3356; phone: 425-
917-6577; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2012-0931;
Directorate Identifier 2011-NM-128-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://

www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    In the early 1980s, as part of its continuing work to maintain the
structural integrity of older transport category airplanes, the FAA
concluded that the incidence of fatigue cracking may increase as these
airplanes reach or exceed their design service objective (DSO). In
light of this, and as a result of increased utilization, and longer
operational lives, we determined that a supplemental structural
inspection program (SSIP) was necessary to maintain the continued
structural integrity for all airplanes in the transport fleet.
    Since the establishment of the SSI Supplemental Structural
Inspection Document (SSID) D6-48040-1, we have received information
from the manufacturer, which identified elements within the wing
trailing edge flap area, which qualified as SSI. An SSI is defined as a
structural part or component that contributes significantly to carry
flight, ground, pressure, or control loads, and whose failure could
affect the structural integrity necessary for the safety of the
airplane, and whose damage tolerance or safe-life characteristics it is
necessary, therefore, to establish or confirm. Uncorrected fatigue
cracks in these structural elements could result in compromised
structural integrity of the airplane.

Issuance of FAA Advisory Circular (AC)

    On March 7, 2008, we issued AC 91-56B, ``Continuing Structural
Integrity Program for Airplanes,'' (http://rgl.faa.gov/Regulatory--
and--Guidance--Library/rgAdvisoryCircular.nsf/list/AC%2091-56B/$FILE/
AC%2091-56B.pdf). That AC provides guidance material to manufacturers
and operators for use in developing a continuing structural integrity
program to ensure safe operation of older airplanes throughout their
operational lives. This guidance material applies to transport
airplanes that were certified under the fail-safe requirements of part
4b (``Airplane Airworthiness, Transport Categories'') of the Civil Air
Regulations or damage tolerance structural requirements of part 25
(``Airworthiness Standards: Transport Category Airplanes'') of the
Federal Aviation Regulations (FARs) (14 CFR part 25), and that have a
maximum gross weight greater than 75,000 pounds. The procedures set
forth in that AC are applicable to transport category airplanes
operated under subpart D (``Special Flight Operations'') of part 91
(``General Operating and Flight Rules'') of the FARs (14 CFR part 91);
part 121 (``Operating Requirements: Domestic, Flag, and Supplemental
Operations'') of the FARs (14 CFR part 121); part 125 (``Certification
and Operations: Airplanes Having a Seating Capacity of 20 or More
Passengers or a Maximum Payload of 6,000 Pounds or More and Rules
Governing Persons Onboard Such Aircraft'') of the FARs (14 CFR part
125); and part 135 (``Operating Requirements: Commuter and On-Demand
Operations and Rules Governing Persons On Board Such Aircraft'') of the
FARs (14 CFR part 135). The objective of the SSIP was to establish
inspection programs to ensure timely detection of fatigue cracking.

Development of the SSIP

    In order to evaluate the effect of increased fatigue cracking with
respect to maintaining fail-safe design and damage tolerance of the
structure of The Boeing Company Model 727, 727C, 727-100, 727-100C,
727-200, and 727-200F series airplanes, Boeing conducted a structural
reassessment of those airplanes, using damage tolerance evaluation
techniques. Boeing accomplished this reassessment using the criteria
contained in FAA AC 91-56B, dated March 7, 2008, (http://rgl.faa.gov/
Regulatory--and--Guidance--Library/rgAdvisoryCircular.nsf/list/AC%2091-
56B/$FILE/AC%2091-56B.pdf), as well as Amendment 25-45, effective
December 1, 1978, of section 25.571 (``Damage-tolerance and fatigue
evaluation of structure'') of the FARs (14 CFR 25.571). During the
reassessment, members of the airline industry participated with Boeing
in working group sessions and developed the SSIP for Model 727, 727C,
727-100, 727-100C, 727-200, and 727-200F series airplanes. Engineers
and maintenance specialists from the FAA also supported these sessions.
Subsequently, based on the working group's recommendations, Boeing
developed the Supplemental Structural Inspection Document (SSID) D6-
48040-1.

Other Related Rulemaking

    On May 12, 1998, the FAA issued AD 98-11-03, Amendment 39-10530 (63
FR 27455, May 19, 1999), which is applicable to all The Boeing Company
Model 727 series airplanes. On December 30, 1998, the FAA issued AD 98-
11-03 R1, Amendment 39-10983 (64 FR 989, January 7, 1999), to revise
the maintenance inspection program to include inspections that will
give no less than the required damage tolerance rating for each SSI,
and repair of cracked structure. AD 98-11-03 R1 requires that the
maintenance inspection program be revised to include inspections that
will give no less than the required damage tolerance rating for each
SSI, and repair of cracked structure. That action was prompted by a
structural re-evaluation by the manufacturer that identified additional
structural elements for which, if damage were to occur, supplemental
inspections may be required for timely crack detection. The actions
required by that AD are intended to ensure the continued structural
integrity of The Boeing Company Model 727 fleet.

Relevant Service Information

    We reviewed Boeing Document D6-48040-2, Supplemental Structural
Inspection Document For Model 727 Airplanes, Appendix A, dated December
2010, which identifies SSIs within the wing trailing edge flap area
that need inspection to ensure timely detection of fatigue damage. The
inspection requirements identified in Boeing Document D6-48040-2,
Appendix A, Supplemental Structural Inspection Document For Model 727
Airplanes, dated December 2010, are intended to be accomplished in
conjunction with, not as a replacement for, the existing approved
structural inspection program.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would require revising the maintenance inspection
program to include inspections that will give no less than the required
damage tolerance rating for each SSI, repetitive inspections to detect
cracks in SSIs, and repair of any cracked structure. Before any
airplane that is subject to this proposed AD can be added to an air
carrier's operations specifications, a program for doing the
inspections required by this proposed AD must be established.

Costs of Compliance

    We estimate that this proposed AD affects 206 airplanes of U.S.
registry. We estimate the following costs to comply with this proposed
AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
               Action                        Labor cost           Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Revise maintenance program..........  1 work-hour x $85 per                $0              $85          $17,510
                                       hour = $85.
----------------------------------------------------------------------------------------------------------------

    Compliance with this proposed AD would be a method of compliance
with the FAA aging airplane safety final rule (AASFR) (70 FR 5518,
February 2, 2005) for certain baseline structure of Model 727, 727C,
727-100, 727-100C, 727-200, and 727-200F series airplanes. The AASFR
final rule requires certain operators to incorporate damage tolerance
inspections into their maintenance inspection programs. These
requirements are described in paragraph (c)(1) of section 121.1109 of
the FARs (14 CFR 121.1109 (c)(1)) and paragraph (b)(1) of section
129.109 of the FARs (14 CFR 129.109(b)(1)). Accomplishment of the
actions required by this proposed AD will meet the requirements of
these CFR sections for certain baseline structure. The costs for
accomplishing the inspection portion of this proposed AD were accounted
for in the regulatory evaluation of the AASFR final rule.
    We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this proposed
AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new
airworthiness directive (AD):

The Boeing Company: Docket No. FAA-2012-0931; Directorate Identifier
2011-NM-128-AD.

(a) Comments Due Date

    We must receive comments by October 22, 2012.

(b) Affected ADs

    None.

(c) Applicability

    (1) This AD applies to all The Boeing Company Model 727, 727C,
727-100, 727-100C, 727-200, and 727-200F series airplanes,
certificated in any category.
    (2) This AD requires revisions to certain operator maintenance
documents to include new actions (e.g., inspections, methods, and
compliance times.) Compliance with these actions is required by 14
CFR 91.403(c). For airplanes that have been previously modified,
altered, or repaired in the areas addressed by these inspections,
the operator may not be able to accomplish the inspections described
in the revisions. In this situation, to comply with 14 CFR
91.403(c), the operator must request approval for an alternative
method of compliance (AMOC) according to paragraph (j) of this AD.
The request should include a description of changes to the required
actions that will ensure the continued operational safety of the
airplane.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 57, Wings.

(e) Unsafe Condition

    This AD was prompted by a structural re-evaluation by the
manufacturer, which identified elements within the wing trailing
edge flap area that qualify as structural significant items (SSI).
We are issuing this AD to detect and correct fatigue cracking of the
wing trailing edge structure, which could result in compromised
structural integrity of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Revise Maintenance Program

    (1) Before the accumulation of 55,000 total flight cycles, or
within 12 months after the effective date of this AD, whichever
occurs later: Revise the maintenance program to incorporate
inspections that provide no less than the required damage tolerance
rating (DTR) for each SSI listed in Boeing Document D6-48040-2,
Supplemental Structural Inspection Document For Model 727 Airplanes,
Appendix A, dated December 2010. The required DTR value for each SSI
is identified in Boeing Document D6-48040-2, Supplemental Structural
Inspection Document For Model 727 Airplanes, Appendix A, dated
December 2010. The revision to the maintenance inspection program
must include and must be implemented in accordance with the
procedures in Section 3.0 of Boeing Document D6-48040-2,
Supplemental Structural Inspection Document For Model 727 Airplanes,
Appendix A, dated December 2010; and in accordance with the
procedures in Section 5.0, ``Damage Tolerance Rating (DTR) System
Application,'' and Section 6.0, ``SSI Discrepancy Reporting,'' of
Boeing Document D6-48040-1, Supplemental Structural Inspection
Document (SSID), Volume 1, Revision H, dated June 1994.
    (2) The initial compliance time for the inspections is before
the accumulation of 55,000 total flight cycles, or within 3,000
flight cycles after 12 months from the

effective date of this AD, whichever occurs later.

(h) Repair

    If any cracked structure is found during any inspection
specified in Boeing Document D6-48040-2, Supplemental Structural
Inspection Document For Model 727 Airplanes, Appendix A, dated
December 2010, before further flight, repair the cracked structure
using a method approved in accordance with the procedures specified
in paragraph (j) of this AD.

(i) No Alternative Actions or Intervals

    After accomplishing the revision required by paragraph (g) of
this AD, no alternative actions (e.g., inspections) or intervals may
be used other than those specified in Boeing Document D6-48040-2,
Supplemental Structural Inspection Document For Model 727 Airplanes,
Appendix A, dated December 2010, unless the actions or intervals are
approved as an alternative method of compliance (AMOC) in accordance
with the procedures specified in paragraph (j) of this AD.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in the Related Information
section of this AD. Information may be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD if it is approved by the
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that has been authorized by the Manager, Seattle ACO to make
those findings. For a repair method to be approved, the repair must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.

(k) Related Information

    (1) For more information about this AD, contact Berhane Alazar,
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft
Certification Office (ACO), 1601 Lind Avenue SW., Renton, Washington
98057-3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone
206-544-5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may review copies of the referenced
service information at the FAA, Transport Airplane Directorate, 1601
Lind Avenue SW., Renton, Washington. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on August 24, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-21944 Filed 9-5-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 200 (Wednesday, October 16, 2019)]
[Notices]
[Pages 55326-55327]
[FR Doc No: 2019-22467]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4454-DR; Docket ID FEMA-2019-0001]

Texas; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Texas (FEMA-4454-DR), dated July 17, 2019,
and related determinations.

DATES: The declaration was issued July 17, 2019.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated July 17, 2019, the President issued a major disaster declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''), as follows:

    I have determined that the damage in certain areas of the State
of Texas resulting from severe storms and flooding during the period
of June 24 to June 25, 2019, is of sufficient severity and magnitude
to warrant a major disaster declaration under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq.
(the ``Stafford Act''). Therefore, I declare that such a major
disaster exists in the State of Texas.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Individual Assistance in the
designated areas and Hazard Mitigation throughout the State.
Consistent with the requirement that Federal assistance supplement
State and Local efforts, any Federal funds provided for Hazard
Mitigation under section 404 of the Stafford Act or Other Needs
Assistance under section 408 of the Stafford Act may not exceed 75
percent of the total eligible costs for those respective programs.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The time period prescribed for the implementation of section
310(a), Priority to Certain Applications for Public Facility and Public
Housing Assistance, 42 U.S.C. 5153, shall be for a period not to exceed
six months after the date of this declaration.
    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Sandra L. Eslinger, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas of the State of Texas have been designated as
adversely affected by this major disaster:

    Cameron, Hidalgo, and Willacy Counties for Individual
Assistance.
    All areas within the State of Texas are eligible for assistance
under the Hazard Mitigation Grant Program.
    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance

(Presidentially Declared Disasters); 97.039, Hazard Mitigation
Grant.

Pete Gaynor,
Acting Administrator, Federal Emergency Management Agency.
[FR Doc. 2019-22467 Filed 10-15-19; 8:45 am]
 BILLING CODE 9111-23-P


[Federal Register Volume 87, Number 64 (Monday, April 4, 2022)]
[Proposed Rules]
[Pages 19413-19414]
[FR Doc No: 2022-07029]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-0301; Airspace Docket No. 22-AAL-21]
RIN 2120-AA66

Proposed Revocation of Colored Federal Airway Green 7 (G-7);
Nome, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to revoke Colored Federal airway Green 7
(G-7) in the vicinity of Nome, AK due to the pending decommissioning of
the Fort Davis, AK, (FDV) Non-directional Beacon (NDB).

DATES: Comments must be received on or before May 19, 2022.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE, West
Building Ground Floor, Room W12-140, Washington, DC 20590; telephone:
(800) 647-5527, or<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2022-0301; Airspace Docket No. 22-AAL-21 at the beginning of your
comments. You may also submit comments through the internet at https://www.regulations.gov. FAA Order JO 7400.11F, Airspace Designations and
Reporting Points, and subsequent amendments can be viewed online at
https://www.faa.gov/air_traffic/publications/. For further information,
you can contact the Rules and Regulations Group, Federal Aviation
Administration, 800 Independence Avenue SW, Washington, DC 20591;
telephone:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Christopher McMullin, Rules and
Regulations Group, Office of Policy, Federal Aviation Administration,
800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as it would modify the route structure as necessary to
preserve the safe and efficient flow of air traffic within the National
Airspace System (NAS).

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments as they
may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA-2022-0301; Airspace Docket No22-AAL-21) and be submitted in
triplicate to the Docket Management Facility (see ADDRESSES section for
address and phone number). You may also submit comments through the
internet at https://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to FAA Docket No. FAA-2022-0301; Airspace Docket No. 22-AAL-21.'' The
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified comment
closing date will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the comment
closing date. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRM

    An electronic copy of this document may be downloaded through the
internet at https://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at https://www.faa.gov/air_traffic/publications/airspace_amendments/.

    You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Office (see ADDRESSES section for address and phone number) between
9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal
holidays. An informal docket may also be examined during normal
business hours at the office of the Operations Support Group, Western
Service Center, Federal Aviation Administration, 2200 South 216th St.,
Des Moines, WA 98198.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order JO 7400.11F, Airspace
Designations and Reporting Points, dated August 10, 2021, and effective
September 15, 2021. FAA Order JO 7400.11F is publicly available as
listed in the ADDRESSES section of this document. FAA Order JO 7400.11F
lists Class A, B, C, D, and E airspace areas, air traffic service
routes, and reporting points.

Background

    The aviation industry/users have indicated a desire for the FAA to
transition the Alaskan en route navigation structure away from the
dependency on NDBs. The advances in technology have allowed for
alternate navigation methods to support decommissioning of high cost
ground navigation equipment. The FAA conducted a non-rulemaking study
in accordance with FAA Order JO 7400.2, Procedures for Handling
Airspace Matters in 2021 on FDV due to the ongoing high cost of
maintenance and repairs. As a result of the study, there were no
objections received and the FAA added FDV to the schedule to be
decommissioned.
    Colored Federal airway G-7 navigates from the Gambell, AK, (GAM)
NDB to the Norton Bay, AK, (OAY) NDB. The decommissioning of FDV would
render G-7 unusable. This proposal would revoke G-7 in its entirety.
The loss of G-7 would be mitigated by utilizing VHF Omnidirectional
Range (VOR) Federal airways V-414 and V-452.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 71 to revoke
Colored Federal airway G-7 in the vicinity of Nome, AK due to the
decommissioning of FDV. G-7 currently navigates between GAM and OAY.
The FAA proposes to revoke G-7 in its entirety.
    Colored Federal airways are published in paragraph 6009(a) of FAA
Order JO 7400.11F dated August 10, 2021 and effective September 15,
2021, which is incorporated by reference in 14 CFR 71.1. The Colored
Federal airway listed in this document would be removed subsequently in
FAA Order JO 7400.11.
    FAA Order JO 7400.11, Airspace Designations and Reporting Points,
is published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under
Department of Transportation (DOT) Regulatory Policies and Procedures
(44 FR 11034; February 26, 1979); and (3) does not warrant preparation
of a regulatory evaluation as the anticipated impact is so minimal.
Since this is a routine matter that will only affect air traffic
procedures and air navigation, it is certified that this proposed rule,
when promulgated, will not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11F, Airspace Designations and Reporting Points, dated August 10,
2021, and effective September 15, 2021, is amended as follows:

Paragraph 6009(a) Colored Federal Airways.

* * * * *

G-7 [Remove]

* * * * *

    Issued in Washington, DC, on March 29, 2022.
Scott M. Rosenbloom,
Manager, Airspace Rules and Regulations.
[FR Doc. 2022-07029 Filed 4-1-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 199 (Monday, October 15, 2018)]
[Notices]
[Pages 51977-51978]
[FR Doc No: 2018-22305]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4387-DR; Docket ID FEMA-2018-0001]

Nebraska; Amendment No. 1 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Nebraska (FEMA-4387-DR), dated August 27, 2018, and
related determinations.

DATES: This amendment was issued October 2, 2018.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Nebraska is hereby amended to include the following
area among those areas determined to have been adversely affected by
the event declared a major disaster by the President in his declaration
of August 27, 2018.

Boyd County for Public Assistance.

(The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050 Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.)

Brock Long,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2018-22305 Filed 10-12-18; 8:45 am]
 BILLING CODE 9111-11-P


[Federal Register Volume 77, Number 183 (Thursday, September 20, 2012)]
[Notices]
[Pages 58371-58372]
[FR Doc No: 2012-23226]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP12-516-000]

Discovery Gas Transmission LLC; Notice of Application

    Take notice that on September 7, 2012, Discovery Gas Transmission
LLC (Discovery), 2800 Post Oak Boulevard, Houston, Texas 77056, filed
in Docket No. CP12-516-000 an application pursuant to section 7 of the
Natural Gas Act and Part 157 the Commission's Rules and Regulations for
all the necessary authorizations required to construct, own and operate
its Junction Platform Project (Project) in the Gulf of Mexico offshore
Louisiana, all as more fully set forth in the application which is on
file with the Commission and open to public inspection.
    Discovery proposes construction and operation of a new junction
platform located in South Timbalier Area (ST) Block 283; construction
and operation of approximately 10 miles of 30-inch pipeline connecting
the new platform to a subsea interconnect with Discovery's existing 30-
inch mainline in Ewing Banks Area Block 873; construction and operation
of approximately 10 miles of 12-inch pipeline connecting the new
platform to Sea Robin Pipeline Company, LLC's offshore pipeline system
in ST Block 280; and appurtenant facilities on the new platform to
provide pigging and other necessary functions to enhance efficient
operations. The estimated cost of the Project is approximately $126
million.
    Copies of this filing are available for review at the Commission in
the Public Reference Room, or may be viewed on the Commission's Web
site web at  http://www.ferc.gov using the ``eLibrary'' link. Enter the
docket number excluding the last three digits in the docket number
field to access the document. For assistance, contact FERC at
<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TTY,
(202) 502-8659.

    Questions regarding this application should be directed to Larry
Jensen, 2800 Post Oak Boulevard, Houston, Texas 77056, telephone (713)
215-3034.
    Discovery has requested that the Commission issue a final order in
this proceeding by January 31, 2013, to enable Discovery to commence
construction of the proposed facilities to meet a July 1, 2014 in-
service date. As Discovery's proposed facilities entirely in the
federal waters of the Gulf of Mexico, the Project facilities will
qualify for categorical exclusions in accordance with 18 CFR
380.(4)(a)(33) and 18 CFR 380.4(a)(34) which state ``* * * neither an
environmental assessment nor an environmental impact statement shall be
prepared for the following projects or actions: * * * (33) construction
or abandonment of facilities constructed entirely in Federal offshore
waters that has been approved by the Mineral Management Service and the
Corps of Engineers, as necessary; (34) Abandonment or construction
facilities on an existing offshore platform.'' Thus the application
must be approved by the Bureau of Safety and Environmental Enforcement
of the U.S. Department of the Interior, successor to the Mineral
Management Service for this approval function, prior to the project
being considered by the Commission as eligible for a categorical
exclusion classification under the Commission's environmental review
process.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, before the
comment date of this notice, file with the Federal Energy Regulatory
Commission, 888 First Street NE., Washington, DC 20426, a motion to
intervene in accordance with the requirements of the Commission's Rules
of Practice and Procedure (18 CFR 385.214 or 385.211) and the
Regulations under the NGA (18 CFR 157.10). A person obtaining party
status will be placed on the service list maintained by the Secretary
of the Commission and will receive copies of all documents filed by the
applicant and by all other parties. A party must submit 14 copies of
filings made with the Commission and must mail a copy to the applicant
and to every other party in the proceeding. Only parties to the
proceeding can ask for court review of Commission orders in the
proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    The Commission strongly encourages electronic filings of comments,
protests, and interventions via the internet in lieu of paper. See 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site (www.ferc.gov) under the ``e-Filing'' link. Persons unable to file
electronically should submit an original and 14 copies of the protest
or intervention to the Federal Energy regulatory Commission, 888 First
Street NE., Washington, DC 20426.
    Comment Date: 5 p.m. Eastern Time on October 5, 2012.

    Dated: September 14, 2012.
 Kimberly D. Bose,
 Secretary.
[FR Doc. 2012-23226 Filed 9-19-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 6 (Tuesday, January 10, 2017)]
[Notices]
[Pages 3056-3058]
[FR Doc No: 2017-00227]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 32413; 812-13828-01

Hartford Funds Exchange-Traded Trust, et al.; Notice of
Application]

January 4, 2017.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of an application for an order under section 6(c) of the
Investment Company Act of 1940 (the ``Act'') for an exemption from
sections 2(a)(32), 5(a)(1), 22(d), and 22(e) of the

Act and rule 22c-1 under the Act, under sections 6(c) and 17(b) of the
Act for an exemption from sections 17(a)(1) and 17(a)(2) of the Act,
and under section 12(d)(1)(J) for an exemption from sections
12(d)(1)(A) and 12(d)(1)(B) of the Act. The requested order would
permit (a) actively-managed series of certain open-end management
investment companies (``Funds'') to issue shares redeemable in large
aggregations only (``Creation Units''); (b) secondary market
transactions in Fund shares to occur at negotiated market prices rather
than at net asset value (``NAV''); (c) certain Funds to pay redemption
proceeds, under certain circumstances, more than seven days after the
tender of shares for redemption; (d) certain affiliated persons of a
Fund to deposit securities into, and receive securities from, the Fund
in connection with the purchase and redemption of Creation Units; (d)
certain Funds (``Feeder Funds'') to operate and redeem Creation Units
in kind in a master-feeder structure; and (e) certain registered
management investment companies and unit investment trusts outside of
the same group of investment companies as the Funds (``Funds of
Funds'') to acquire shares of the Funds.

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Applicants: Hartford Funds Exchange-Traded Trust (the ``Trust''), a
Delaware statutory trust, which will register under the Act as an open-
end management investment company with multiple series, Hartford Funds
Management Company, LLC (the ``Initial Adviser''), a Delaware limited
liability company registered as an investment adviser under the
Investment Advisers Act of 1940, and Hartford Funds Distributors, LLC,
a Delaware limited liability company and broker-dealer registered under
the Securities Exchange Act of 1934 (``Exchange Act'').

Filing Dates: The application was filed on September 23, 2010 and
amended on March 25, 2011, April 8, 2016, September 19, 2016 and
December 16, 2016.

Hearing or Notification of Hearing: An order granting the requested
relief will be issued unless the Commission orders a hearing.
Interested persons may request a hearing by writing to the Commission's
Secretary and serving applicants with a copy of the request, personally
or by mail. Hearing requests should be received by the Commission by
5:30 p.m. on January 26, 2017, and should be accompanied by proof of
service on applicants, in the form of an affidavit, or for lawyers, a
certificate of service. Pursuant to rule 0-5 under the Act, hearing
requests should state the nature of the writer's interest, any facts
bearing upon the desirability of a hearing on the matter, the reason
for the request, and the issues contested. Persons who wish to be
notified of a hearing may request notification by writing to the
Commission's Secretary.

ADDRESSES: Brent J. Fields, Secretary, Securities and Exchange
Commission, 100 F Street NE., Washington, DC 20549-1090; Applicants: c/
o Alice A. Pellegrino, Esq., Hartford Funds, 5 Radnor Corporate Center,
100 Matsonford Road, Suite 300, Radnor, PA 19087.

FOR FURTHER INFORMATION CONTACT:  Laura J. Riegel, Senior Counsel, at
(202) 551-3038, or Mary Kay Frech, Branch Chief, at<PHONE_NUMBER>
(Division of Investment Management, Chief Counsel's Office).

SUPPLEMENTARY INFORMATION:  The following is a summary of the
application. The complete application may be obtained via the
Commission's Web site by searching for the file number, or for an
applicant using the Company name box, at http://www.sec.gov/search/search.htm or by calling<PHONE_NUMBER>.

Summary of the Application

    1. Applicants request an order that would allow Funds to operate as
actively-managed exchange traded funds (``ETFs'').\1\ All orders to
purchase Creation Units and all redemption requests will be placed by
or through an ``Authorized Participant'', which will have signed a
participant agreement with the Distributor. Shares will be listed and
traded individually on a national securities exchange, where share
prices will be based on the current bid/offer market. Any order
granting the requested relief would be subject to the terms and
conditions stated in the application.
---------------------------------------------------------------------------

    \1\ Applicants request that the order apply to the initial Fund,
as well as to future series of the Trust and any future open-end
management investment companies or series thereof (each, included in
the term ``Fund''), each of which will operate as an actively-
managed ETF. Any Fund will (a) be advised by the Initial Adviser or
an entity controlling, controlled by, or under common control with
the Initial Adviser (each, an ``Adviser'') and (b) comply with the
terms and conditions of the application.
---------------------------------------------------------------------------

    2. Each Fund will consist of a portfolio of securities and other
assets and investment positions (``Portfolio Instruments''). Each Fund
will disclose on its Web site the identities and quantities of the
Portfolio Instruments that will form the basis for the Fund's
calculation of NAV at the end of the day.
    3. Shares will be purchased and redeemed in Creation Units and
generally on an in-kind basis. Except where the purchase or redemption
will include cash under the limited circumstances specified in the
application, purchasers will be required to purchase Creation Units by
depositing specified instruments (``Deposit Instruments''), and
shareholders redeeming their shares will receive specified instruments
(``Redemption Instruments''). The Deposit Instruments and the
Redemption Instruments will each correspond pro rata to the positions
in the Fund's portfolio (including cash positions) except as specified
in the application.
    4. Because shares will not be individually redeemable, applicants
request an exemption from section 5(a)(1) and section 2(a)(32) of the
Act that would permit the Funds to register as open-end management
investment companies and issue shares that are redeemable in Creation
Units only.
    5. Applicants also request an exemption from section 22(d) of the
Act and rule 22c-1 under the Act as secondary market trading in shares
will take place at negotiated prices, not at a current offering price
described in a Fund's prospectus, and not at a price based on NAV.
Applicants state that (a) secondary market trading in shares does not
involve a Fund as a party and will not result in dilution of an
investment in shares, and (b) to the extent different prices exist
during a given trading day, or from day to day, such variances occur as
a result of third-party market forces, such as supply and demand.
Therefore, applicants assert that secondary market transactions in
shares will not lead to discrimination or preferential treatment among
purchasers. Finally, applicants represent that share market prices will
be disciplined by arbitrage opportunities, which should prevent shares
from trading at a material discount or premium from NAV.
    6. With respect to Funds that hold non-U.S. Portfolio Instruments
and that effect creations and redemptions of Creation Units in kind,
applicants request relief from the requirement imposed by section 22(e)
in order to allow such Funds to pay redemption proceeds within fifteen
calendar days following the tender of Creation Units for redemption.
Applicants assert that the requested relief would not be inconsistent
with the spirit and intent of section 22(e) to prevent unreasonable,
undisclosed or unforeseen delays in the actual payment of redemption
proceeds.
    7. Applicants request an exemption to permit Funds of Funds to
acquire Fund

shares beyond the limits of section 12(d)(1)(A) of the Act; and the
Funds, and any principal underwriter for the Funds, and/or any broker
or dealer registered under the Exchange Act, to sell shares to Funds of
Funds beyond the limits of section 12(d)(1)(B) of the Act. The
application's terms and conditions are designed to, among other things,
help prevent any potential (i) undue influence over a Fund through
control or voting power, or in connection with certain services,
transactions, and underwritings, (ii) excessive layering of fees, and
(iii) overly complex fund structures, which are the concerns underlying
the limits in sections 12(d)(1)(A) and (B) of the Act.
    8. Applicants request an exemption from sections 17(a)(1) and
17(a)(2) of the Act to permit persons that are Affiliated Persons, or
Second-Tier Affiliates, of the Funds, solely by virtue of certain
ownership interests, to effectuate purchases and redemptions in-kind.
The deposit procedures for in-kind purchases of Creation Units and the
redemption procedures for in-kind redemptions of Creation Units will be
the same for all purchases and redemptions and Deposit Instruments and
Redemption Instruments will be valued in the same manner as those
Portfolio Instruments currently held by the Funds. Applicants also seek
relief from the prohibitions on affiliated transactions in section
17(a) to permit a Fund to sell its shares to and redeem its shares from
a Fund of Funds, and to engage in the accompanying in-kind transactions
with the Fund of Funds.\2\ The purchase of Creation Units by a Fund of
Funds directly from a Fund will be accomplished in accordance with the
policies of the Fund of Funds and will be based on the NAVs of the
Funds.
---------------------------------------------------------------------------

    \2\ The requested relief would apply to direct sales of shares
in Creation Units by a Fund to a Fund of Funds and redemptions of
those shares. Applicants, moreover, are not seeking relief from
section 17(a) for, and the requested relief will not apply to,
transactions where a Fund could be deemed an Affiliated Person, or a
Second-Tier Affiliate, of a Fund of Funds because an Adviser or an
entity controlling, controlled by or under common control with an
Adviser provides investment advisory services to that Fund of Funds.
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    9. Applicants also request relief to permit a Feeder Fund to
acquire shares of another registered investment company managed by the
Adviser having substantially the same investment objectives as the
Feeder Fund (``Master Fund'') beyond the limitations in section
12(d)(1)(A) and permit the Master Fund, and any principal underwriter
for the Master Fund, to sell shares of the Master Fund to the Feeder
Fund beyond the limitations in section 12(d)(1)(B).
    10. Section 6(c) of the Act permits the Commission to exempt any
persons or transactions from any provision of the Act if such exemption
is necessary or appropriate in the public interest and consistent with
the protection of investors and the purposes fairly intended by the
policy and provisions of the Act. Section 12(d)(1)(J) of the Act
provides that the Commission may exempt any person, security, or
transaction, or any class or classes of persons, securities, or
transactions, from any provision of section 12(d)(1) if the exemption
is consistent with the public interest and the protection of investors.
Section 17(b) of the Act authorizes the Commission to grant an order
permitting a transaction otherwise prohibited by section 17(a) if it
finds that (a) the terms of the proposed transaction are fair and
reasonable and do not involve overreaching on the part of any person
concerned; (b) the proposed transaction is consistent with the policies
of each registered investment company involved; and (c) the proposed
transaction is consistent with the general purposes of the Act.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-00227 Filed 1-9-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 214 (Tuesday, November 9, 2021)]
[Notices]
[Pages 62233-62234]
[FR Doc No: 2021-24429]

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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-642, OMB Control No. 3235-0696]

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-2736

Extension:
    Rules 15Fb1-1 through 15Fb6-2 and Forms SBSE, SBSE-A, SBSE-BD,
SBSE-C and SBSE-W

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (``PRA'') (44 U.S.C. 3501 et seq.) the Securities and Exchange
Commission (``Commission'') is soliciting comments on the existing
collection of information provided for in Rules 15Fb1-1 through 15Fb6-2
and Forms SBSE, SBSE-A, SBSE-BD, SBSE-C and SBSE-W (17 CFR 240.15Fb1-1
through 240.15Fb6-2, and 17 CFR 249.1600, 249.1600a, 249.1600b,
249.1600c and 249.1601), under the Securities Exchange Act of 1934 (15
U.S.C. 78a et seq.). The Commission plans to submit this existing
collection of information to the Office of Management and Budget
(``OMB'') for extension and approval.
    The Commission adopted Rules 15Fb1-1 through 15Fb6-2 and Forms
SBSE, SBSE-A, SBSE-BD, SBSE-C and SBSE-W on August 5, 2015 to create a
process to register SBS Entities. Forms SBSE, SBSE-A, and SBSE-BD and
SBSE-C were designed to elicit certain information from applicants. The
Commission uses the information disclosed by applicants through the SBS
Entity registration rules and forms to: (1) Determine whether an
applicant meets the standards for registration set forth in the
provisions of the Exchange Act; and (2) develop an information resource
regarding SBS Entities where members of the public may obtain relevant,
up-to-date information about SBS Entities, and where the Commission may
obtain information for examination and enforcement purposes. Without
the information provided through these SBS Entity registration rules
and forms, the Commission could not effectively determine whether the
applicant meets the standards for registration or implement policy
objectives of the Exchange Act.
    The information collected pursuant to Rule 15Fb3-2 and Form SBSE-W
allows the Commission to determine whether it is appropriate to allow
an SBS Entity to withdraw from registration and to facilitate that
withdrawal. Without this information, the Commission would be unable to
effectively determine whether it was appropriate to allow an SBS Entity
to withdraw. In addition, it would be more difficult for the Commission
to properly regulate SBS Entities if it were unable to quickly identify
those that have withdrawn from the security-based swap business.
    In 2017 there were approximately 55 entities that may need to
register as SBS Entities. That number has not changed. The Commission
estimates that these Entities likely would incur a total burden of
9,825 hours per year to comply with Rules 15Fb1-1 through 15Fb6-2 and
Forms SBSE, SBSE-A, SBSE-BD, SBSE-C and SBSE-W.
    In addition, Rules 15Fb1-1 through 15Fb6-2 and Forms SBSE, SBSE-A,
SBSE-BD, SBSE-C and SBSE-W may impose certain costs on non-resident
persons that apply to be registered with the Commission as SBS
Entities, including an initial and ongoing costs associated with
obtaining an opinion of counsel indicating that it can, as a matter of
law, provide the Commission with access to its books and records and
submit to Commission examinations, and an ongoing cost associated with
establishing and maintaining a relationship with a U.S. agent for
service of process.
    The staff estimates, based on internet research,\1\ that it would
cost each nonresident SBS Entity approximately $191 annually to appoint
and maintain a relationship with a U.S. agent for service of process.
Consequently, the total cost for all nonresident SBS Entities to
appoint and maintain relationships with U.S. agents for service of
process is approximately $4,202 per year.
---------------------------------------------------------------------------

    \1\ See, e.g., https://www.incorp.com/registered-agent-services/
(as of October 15, 2021, $129 per year), https://www.wolterskluwer.com/en/solutions/ct-corporation/registered-agent-services-solutions (as of October 15, 2021, $305 per year), and
https://www.ailcorp.com/services/registered-agent (as of October 15,
2021, $149 per year). The staff sought websites that provided
pricing information and a comprehensive description of their
registered agent services. We calculated our estimate by averaging
the costs provided on these three websites-($129 + $305 + $149) / 3
= $191.
---------------------------------------------------------------------------

    Non-resident SBS Entities also would incur outside legal costs
associated with obtaining an opinion of counsel. The staff estimates
that each of the estimated 22 non-resident persons that likely will
apply to register as SBS Entities with the Commission would incur, on
average, approximately $25,000 in outside legal costs to obtain the
opinion of counsel necessary to register, and that the total annualized
cost for all nonresident SBS Entities to obtain this opinion of counsel
would be approximately $183,333. Nonresident SBS Entities would also
need to obtain a revised opinion of counsel after any changes in the
legal or regulatory framework that would impact the SBS Entity's
ability to provide, or manner in which it provides, the Commission with
prompt access to its books and records or that impacts the Commission's
ability to inspect and examine the SBS Entity. We do not believe this
would occur frequently, and therefore estimate that one non-resident
entity may need to recertify annually. Thus, the total ongoing cost
associated with obtaining a revised opinion of counsel regarding the
new regulatory regime would be approximately $25,000 annually.
Consequently, the total annualized cost burden associated with Rules
15Fb1-1 through 15Fb6-2 and Forms SBSE, SBSE-A, SBSE-BD, SBSE-C and
SBSE-W would be approximately $212,205 per year.
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the Commission, including whether the information
shall have practical utility; (b) the accuracy of the Commission's
estimate of the burden of the proposed collection of information; (c)
ways to enhance the quality, utility, and clarity

of the information to be collected; and (d) ways to minimize the burden
of the collection of information on respondents, including through the
use of automated collection techniques or other forms of information
technology. Consideration will be given to comments and suggestions
submitted in writing within 60 days of this publication.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information under the PRA unless it
displays a currently valid OMB control number.
    Please direct your written comments to: David Bottom, Director/
Chief Information Officer, Securities and Exchange Commission, c/o John
R. Pezzullo, 100 F Street NE, Washington, DC 20549, or send an email
to: [email protected].

    Dated: November 3, 2021.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-24429 Filed 11-8-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 177 (Friday, September 11, 2020)]
[Rules and Regulations]
[Pages 56172-56177]
[FR Doc No: 2020-17345]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 282

[EPA-R03-UST-2020-0205; FRL 10012-34-Region 3]

West Virginia: Final Approval of State Underground Storage Tank
Program Revisions, Codification, and Incorporation by Reference

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: Pursuant to the Solid Waste Disposal Act of 1965, as amended
(commonly known as the Resource Conservation and Recovery Act (RCRA)),
the Environmental Protection Agency (EPA) is taking direct final action
to approve revisions to the State of West Virginia's Underground
Storage Tank (UST) program submitted by West Virginia (West Virginia or
State). This action also revises the address of EPA's Region 3 office.
This action also codifies EPA's approval of West Virginia's state
program and incorporates by reference (IBR) those provisions of West
Virginia's regulations and statutes that we have determined meet the
requirements for approval. The provisions will be subject to EPA's
inspection and enforcement authorities under sections 9005 and 9006 of
RCRA Subtitle I and other applicable statutory and regulatory
provisions.

DATES: This rule is effective November 10, 2020, unless EPA receives
any significant negative comment opposing this action by October 13,
2020. If EPA receives any significant negative comment opposing this
action, EPA will publish a timely withdrawal in the Federal Register
informing the public that the rule will not take effect. The
incorporation by reference of certain publications listed in the
regulations is approved by the Director of the Federal Register, as of
November 10, 2020, in accordance with 5 U.S.C. 552(a) and 1 CFR part
51.

ADDRESSES: Submit your comments by one of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the on-line instructions for submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Mail: Thomas UyBarreta, RCRA Programs Branch, Land, Chemicals
and Redevelopment Division, EPA Region 3, 1650 Arch Street, (Mail Code
3LD30), Philadelphia, PA 19103-2029.
    Instructions: Direct your comments to Docket ID No. EPA-R03-UST-
2020-0205. EPA's policy is that all comments received will be included
in the public docket without change and may be available online at
https://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 information that you
consider to be CBI or otherwise protected through https://www.regulations.gov or email. The federal website, https://www.regulations.gov, 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 https://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. 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. EPA encourages
electronic submittals, but if you are unable to submit electronically,
please reach out to the EPA contact person listed in the notice for
assistance. If you need assistance in a language other than English, or
you are a person with disabilities who needs a reasonable accommodation
at no cost to you, please reach out to the EPA contact person by email
or phone.
    Docket: All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some
information might not be publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Publicly
available docket materials are available electronically through https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Thomas UyBarreta,<PHONE_NUMBER>,
<EMAIL_ADDRESS>RCRA Programs Branch; Land, Chemicals, and
Redevelopment Division; EPA Region 3, 1650 Arch Street (3LD30),
Philadelphia, PA 19103-2029.

SUPPLEMENTARY INFORMATION:

I. Approval of Revisions to West Virginia's Underground Storage Tank
Program

A. Why are revisions to state programs necessary?

    Section 9004 of RCRA authorizes EPA to approve state underground
storage tank (UST) programs to operate in lieu of the federal UST
program. EPA may approve a state program if the state demonstrates,
pursuant to section 9004(a), 42 U.S.C. 6991c(a), that the state program
includes the elements set forth at section 9004(a)(1) through (9), 42
U.S.C. 6991c(a)(1) through (9), and provides for adequate enforcement
of compliance with UST standards (section 9004(a), 42 U.S.C. 6991c(a)).
Additionally, EPA must find, pursuant to section 9004(b), 42 U.S.C.
6991c(b), that the state program is ``no less stringent'' than the
federal program in the elements set forth at section 9004(a)(1) through
(7), 42 U.S.C. 6991c(a)(1) through (7). States such as West Virginia
that have received final UST program approval from EPA under section
9004 of RCRA must, in order to retain such approval, revise their
approved programs when the controlling federal or state statutory or
regulatory authority is changed and EPA determines revision is
required. In 2015, EPA revised the federal UST regulations and
determined that states must revise their UST programs accordingly.

B. What decisions has EPA made in this rule?

    On June 24, 2018, in accordance with 40 CFR 281.51(a), West
Virginia submitted a complete program revision application seeking EPA
approval for its UST program revisions (State Application). West
Virginia's revisions correspond to the EPA final rule published on July
15, 2015 (80 FR 41566), which revised the 1988 UST regulations and the
1988 state program approval (SPA) regulations (2015 Federal Revisions).
As required by 40 CFR 281.20, the State Application contains the
following: A transmittal letter requesting program approval; a
description of the program and operating procedures; a demonstration of
the State's procedures to ensure adequate enforcement; a Memorandum of
Agreement outlining the roles and responsibilities of EPA and the
implementing agency; an Attorney General's statement in accordance with
40 CFR 281.24 certifying to applicable state authorities; and copies of
all relevant state statutes and regulations. EPA has reviewed the State
Application and determined that the revisions to West Virginia's UST
program are no less stringent than the corresponding federal
requirements in subpart C of 40 CFR part 281 because West Virginia has
adopted almost all of the federal requirements by reference. In
addition, EPA has determined that the West Virginia program provides
for adequate enforcement of compliance (40 CFR 281.11(b)). Therefore,
EPA grants West Virginia final approval to operate its UST program with
the changes described in the State Application, and as outlined below
in section I.G. of this document.

C. What is the effect of this approval decision?

    This action does not impose additional requirements on the
regulated community because the regulations being approved by this rule
are already effective in West Virginia, and they are not changed by
this action. This action merely approves the existing State regulations
as meeting the federal requirements and renders them federally
enforceable.

D. Why is EPA using a direct final rule?

    EPA is publishing this direct final rule concurrently with a
proposed rulemaking because we view this as a noncontroversial action
and anticipate no significant negative comment. EPA is providing an
opportunity for public comment now.

E. What happens if EPA receives comments that oppose this action?

    Along with this direct final rule, EPA is publishing a separate
document in the ``Proposed Rules'' Section of this Federal Register
that serves as the proposal to approve the State's UST program
revisions, providing opportunity for public comment. If EPA receives
any significant negative comment opposing this approval, EPA will
publish a timely withdrawal in the Federal Register informing the
public that the rule will not take effect. EPA will not make any
further decision on the approval of the State program changes until it
considers any significant negative comment received during the comment
period. EPA will address any significant negative comment in a later
final rule. You may not have another opportunity to comment. If you
want to comment on this approval, you must do so at this time.

F. For what has West Virginia previously been approved?

    On September 23, 1997, EPA finalized a rule approving West
Virginia's UST program, effective February 10, 1998, to operate in lieu
of the federal program. On June 15, 2004 (69 FR 33312, June 15, 2004),
EPA codified the approved West Virginia program, incorporating by
reference the State statutes and regulatory provisions that are subject
to EPA's inspection and enforcement authorities under RCRA sections
9005 and 9006, 42 U.S.C. 6991d and 6991e, and other applicable
statutory and regulatory provisions.

G. What changes is EPA approving with this action?

    On June 24, 2018, in accordance with 40 CFR 281.51(a), West
Virginia submitted a complete application for final approval of its UST
program revisions adopted on June 1, 2018. The State of West Virginia
has amended its Code of State Rules (CSR) to incorporate by reference
(into the West Virginia regulations at 33CSR30) the requirements of 40
CFR part 280, including the requirements added by the 2015 Federal
Revisions, except for 40 CFR 280.20(c), 280.22, 280.34(a)(1),
280.251(b), the definition of ``implementing agency,'' the citation to
section 9005 of RCRA in 280.34, and appendices I, II and III of 40 CFR
part 280. EPA has reviewed West Virginia's requirements and determined
that West Virginia's requirements are no less stringent than the
federal regulations

and that the criteria set forth in 40 CFR part 281 subpart C are met.
EPA now makes an immediate final decision, subject to receipt of any
significant negative written comment opposing this action, that West
Virginia's UST program revisions satisfy all of the requirements
necessary to qualify for final approval. Therefore, EPA grants West
Virginia final approval for the following program changes:

------------------------------------------------------------------------
                                                  Implementing State
          Required Federal Element                    Authority
------------------------------------------------------------------------
40 CFR 281.30, New UST Systems and           33CSR30-2.1, 33CSR30-3,
 Notification.                                33CSR30-4.
40 CFR 281.31, Upgrading Existing UST        33CSR30-2.1.
 Systems.
40 CFR 281.32, General Operating             33CSR30-2.1.
 Requirements.
40 CFR 281.33, Release Detection...........  33CSR30-2.1.
40 CFR 281.34, Release Reporting,            33CSR30-2.1.
 Investigation, and Confirmation.
40 CFR 281.35, Release Response and          33CSR30-2.1.
 Corrective Action.
40 CFR 281.36, Out-of-service Systems and    33CSR30-2.1.
 Closure.
40 CFR 281.37, Financial Responsibility for  33CSR30-2.1.
 UST systems Containing Petroleum.
40 CFR 281.38, Lender Liability............  33CSR30-2.1.
40 CFR 281.39, Operator Training...........  33CSR30-2.1.
------------------------------------------------------------------------

    The State also demonstrates that its program provides adequate
enforcement of compliance as described in 40 CFR 281.11(b) and part
281, subpart D. The State's lead implementing agency, the West Virginia
Department of Environmental Protection, has broad statutory and
regulatory authority with respect to USTs to regulate installation,
operation, maintenance, closure, and UST releases, and to the issuance
of orders. These statutory and regulatory authorities are found in the
West Virginia Code at sections 22-17-13, 22-17-15, 22-17-16, 22-17-17,
22-17-18, and in the West Virginia regulations at 33CSR30-5.

H. Where are the revised rules different from the Federal rules?

Broader in Scope Provisions
    Where an approved state program has a greater scope of coverage
than required by federal law, the additional coverage is not part of
the federally-approved program and is not federally enforceable (40 CFR
281.12(a)(3)(ii)). The following West Virginia requirements are
considered ``broader in scope'' than the federal program. In accordance
with 40 CFR 281.12(a)(3)(ii), this additional coverage is not part of
the federally-approved program and is not federally enforceable:
    West Virginia requires, at 33CSR30-3, that individuals who install,
repair, retrofit, upgrade, perform change-in-service, close, or
tightness test UST systems or install, repair, upgrade or test
corrosion protection on UST systems be certified. The requirement that
installers be certified is no less stringent than the federal
requirements, and is therefore part of the federally-approved program.
With respect to others who are required to be certified, the West
Virginia requirements are broader in scope. Additionally, fees are
required to be paid for the certifications, and such fee requirements
go beyond the scope of the federal program. The fees required under
33CSR31 (Underground Storage Tank Fee Assessments) are also broader in
scope. The additional operator training requirements at 33CSR30-6.1
(Approval of Required Training) are broader in scope and therefore not
a part of the federally-approved program.

II. Codification

A. What is codification?

    Codification is the process of placing a state's statutes and
regulations that comprise the state's approved UST program into the
CFR. Section 9004(b) of RCRA, as amended, allows EPA to approve state
UST programs to operate in lieu of the federal program. EPA codifies
its authorization of state programs in 40 CFR part 282 and incorporates
by reference state statutes and regulations that EPA will enforce under
sections 9005 and 9006 of RCRA and any other applicable statutory
provisions. The incorporation by reference of state authorized programs
in the CFR should substantially enhance the public's ability to discern
the current status of the approved state program and state requirements
that can be federally enforced. This effort provides clear notice to
the public of the scope of the approved program in each state.

B . What is the history of codification of West Virginia's UST program?

    EPA incorporated by reference West Virginia's approved UST program
effective June 15, 2004 (69 FR 33312, June 15, 2004). In this document,
EPA is revising 40 CFR 282.98 to include the approved revisions.

C. What codification decisions has EPA made in this rule?

    Incorporation by reference: In this rule, EPA is finalizing
regulatory text that includes incorporation by reference. In accordance
with the requirements of 1 CFR 51.5, EPA is finalizing the
incorporation by reference of the West Virginia statutes and
regulations described in the amendments to 40 CFR part 282 set forth
below. EPA has made, and will continue to make, these documents
generally available through https://www.regulations.gov and at the EPA
Region 3 office (see the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information).
    One purpose of this Federal Register document is to codify West
Virginia's approved UST program. The codification reflects the State
program that will be in effect at the time EPA's approved revisions to
the West Virginia UST program addressed in this direct final rule
become final. If, however, EPA receives any significant negative
comment opposing the proposed rule then this codification will not take
effect, and the State rules that are approved after EPA considers
public comment will be codified instead. The document incorporates by
reference West Virginia's UST statutes and regulations and clarifies
which of these provisions are included in the approved and federally-
enforceable program. By codifying the approved West Virginia program
and by amending the CFR, the public will more easily be able to discern
the status of the federally-approved requirements of the West Virginia
program.
    EPA is incorporating by reference the West Virginia approved UST
program in 40 CFR 282.98. Section 282.98(d)(1)(i)(A) and (B)
incorporates by reference for enforcement purposes the State's statutes
and regulations.
    Section 282.98 also references the Attorney General's Statement,
Demonstration of Adequate Enforcement Procedures, the Program
Description, and the Memorandum of Agreement, which are approved as
part of the UST program under Subtitle I of

RCRA. These documents are not incorporated by reference.

D. What is the effect of West Virginia's codification on enforcement?

    The EPA retains the authority under sections 9005 and 9006 of
Subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, and other applicable
statutory and regulatory provisions to undertake inspections and
enforcement actions and to issue orders in approved States. If EPA
determines it will take such actions in West Virginia, EPA will rely on
federal sanctions, federal inspection authorities, and federal
procedures rather than the State's authorized analogs to these
provisions. Therefore, EPA is not incorporating by reference such
approved West Virginia procedural and enforcement authorities. Section
282.98(d)(1)(ii) of 40 CFR lists those approved West Virginia
authorities that would fall into this category.

E. What State provisions are not part of the codification?

    The public also needs to be aware that some provisions of the
State's UST program are not part of the federally-approved State
program. Such provisions are not part of the RCRA Subtitle I program
because they are ``broader in scope'' than Subtitle I of RCRA. 40 CFR
281.12(a)(3)(ii) states that where an approved state program has a
greater scope of coverage than required by federal law, the additional
coverage is not part of the federally-approved program. As a result,
State provisions that are ``broader in scope'' than the federal program
are not incorporated by reference for purposes of enforcement in part
282. Section 282.98(d)(1)(iii) lists for reference and clarity the West
Virginia statutory and regulatory provisions that are ``broader in
scope'' than the federal program and which are not, therefore, part of
the approved program being codified in this action. Provisions that are
``broader in scope'' cannot be enforced by EPA; the State, however,
will continue to implement and enforce such provisions under State law.

III. Statutory and Executive Order Reviews

    This action only applies to West Virginia's UST Program
requirements pursuant to RCRA section 9004 and imposes no requirements
other than those imposed by State law. It complies with applicable
Executive Orders (EOs) and statutory provisions as follows:

A. Executive Order 12866 Regulatory Planning and Review, Executive
Order 13563: Improving Regulation and Regulatory Review

    The Office of Management and Budget (OMB) has exempted this action
from the requirements of Executive Order 12866 (58 FR 51735, October 4,
1993) and 13563 (76 FR 3821, January 21, 2011). This action approves
and codifies State requirements for the purpose of RCRA section 9004
and imposes no additional requirements beyond those imposed by State
law. Therefore, this action is not subject to review by OMB.

B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs

    This action is not an Executive Order 13771 (82 FR 9339, February
3, 2017) regulatory action because actions such as this final approval
of West Virginia's revised underground storage tank program under RCRA
are exempted under Executive Order 12866. Accordingly, I certify that
this action will not have a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.).

C. Unfunded Mandates Reform Act and Executive Order 13175: Consultation
and Coordination With Indian Tribal Governments

    Because this action approves and codifies pre-existing requirements
under State law and does not impose any additional enforceable duty
beyond that required by State law, it does not contain any unfunded
mandate or significantly or uniquely affect small governments, as
described in the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-
1538). Currently there are no federally recognized tribes in West
Virginia. Therefore, this action also does not significantly or
uniquely affect the communities of tribal governments, as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).

D. Executive Order 13132: Federalism

    This action will not have substantial direct effects on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government, as specified in Executive Order 13132 (64 FR
43255, August 10, 1999), because it merely approves and codifies State
requirements as part of the State RCRA underground storage tank program
without altering the relationship or the distribution of power and
responsibilities established by RCRA.

E. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks

    This action also is not subject to Executive Order 13045 (62 FR
19885, April 23, 1997), because it is not economically significant, and
it does not make decisions based on environmental health or safety
risks.

F. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use

    This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a
``significant regulatory action'' as defined under Executive Order
12866.

G. National Technology Transfer and Advancement Act

    Under RCRA section 9004(b), EPA grants a State's application for
approval as long as the State meets the criteria required by RCRA. It
would thus be inconsistent with applicable law for EPA, when it reviews
a State approval application, to require the use of any particular
voluntary consensus standard in place of another standard that
otherwise satisfies the requirements of RCRA. Thus, the requirements of
Section 12(d) of the National Technology Transfer and Advancement Act
of 1995 (15 U.S.C. 272 note) do not apply.

H. Executive Order 12988: Civil Justice Reform

    As required by Section 3 of Executive Order 12988 (61 FR 4729,
February 7, 1996), in issuing this rule, EPA has taken the necessary
steps to eliminate drafting errors and ambiguity, minimize potential
litigation, and provide a clear legal standard for affected conduct.

I. Executive Order 12630: Governmental Actions and Interference With
Constitutionally Protected Property Rights

    EPA has complied with Executive Order 12630 (53 FR 8859, March 15,
1988) by examining the takings implications of the rule in accordance
with the ``Attorney General's Supplemental Guidelines for the
Evaluation of Risk and Avoidance of Unanticipated Takings'' issued
under the executive order.

J. Paperwork Reduction Act

    This rule does not impose an information collection burden under
the

provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.). ``Burden'' is defined at 5 CFR 1320.3(b).

K. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States. Because this rule approves pre-
existing State rules that are no less stringent than existing federal
requirements, and imposes no additional requirements beyond those
imposed by State law, and there are no anticipated significant adverse
human health or environmental effects, the rule is not subject to
Executive Order 12898.

L. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801-808, generally provides
that before a rule may take effect, the agency promulgating the rule
must submit a rule report, which includes a copy of the rule, to each
House of the Congress and to the Comptroller General of the United
States. EPA will submit a report containing this document and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication in the Federal Register. A major rule cannot take effect
until 60 days after it is published in the Federal Register. This
action is not a ``major rule'' as defined by 5 U.S.C. 804(2). However,
this action will be effective November 10, 2020 because it is a direct
final rule.

    Authority: This rule is issued under the authority of section
9004 of the Solid Waste Disposal Act of 1965, as amended, 42 U.S.C.
6991c.

List of Subjects in 40 CFR Part 282

    Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous substances, Incorporation
by reference, Insurance, Intergovernmental relations, Oil pollution,
Penalties, Petroleum, Reporting and recordkeeping requirements, State
program approval, Surety bonds, Water pollution control, Water supply,
Underground storage tanks.

Cosmo Servidio,
Regional Administrator, EPA Region 3.

    For the reasons set forth in the preamble, EPA is amending 40 CFR
part 282 as follows:

PART 282--APPROVED UNDERGROUND STORAGE TANK PROGRAMS

0
1. The authority citation for part 282 continues to read as follows:

    Authority: 42 U.S.C. 6912, 6991c, 6991d, and 6991e.

0
2. Revise Sec.  282.2(b)(3) to read as follows:

Sec.  282.2   Incorporation by reference.

* * * * *
    (b) * * *
    (3) Region 3 (Delaware, District of Columbia, Maryland,
Pennsylvania, Virginia, West Virginia): 1650 Arch Street, Philadelphia,
PA 19103-2029.

0
3. Revise Sec.  282.98 to read as follows:

Sec.  282.98  West Virginia State-Administered Program.

    (a) The State of West Virginia is approved to administer and
enforce an underground storage tank program in lieu of the federal
program under Subtitle I of the Resource Conservation and Recovery Act
of 1976 (RCRA), as amended, 42 U.S.C. 6991 et seq. The State's program,
as administered by the West Virginia Department of Environmental
Protection, was approved by EPA pursuant to 42 U.S.C. 6991c and 40 CFR
part 281 of this chapter. EPA approved the West Virginia underground
storage tank program on September 23, 1997, and approval was effective
on February 10, 1998. A subsequent program revision application was
approved by EPA and became effective on November 10, 2020.
    (b) West Virginia has primary responsibility for administering and
enforcing its federally-approved underground storage tank program.
However, EPA retains the authority to exercise its inspection and
enforcement authorities under sections 9005 and 9006 of Subtitle I of
RCRA, 42 U.S.C. 6991d and 6991e, regardless of whether the State has
taken its own actions, as well as under any other applicable statutory
and regulatory provisions.
    (c) To retain program approval, West Virginia must revise its
approved program to adopt new changes to the federal Subtitle I program
which makes it more stringent, in accordance with Section 9004 of RCRA,
42 U.S.C. 6991c and 40 CFR part 281, subpart E. If West Virginia
obtains approval for the revised requirements pursuant to section 9004
of RCRA, 42 U.S.C. 6991c, the newly approved statutory and regulatory
provisions will be added to this subpart and notice of any change will
be published in the Federal Register.
    (d) West Virginia has final approval for the following elements of
its program application originally submitted to EPA and approved on
September 23, 1997 and effective February 10, 1998, and the program
revision application approved by EPA, effective on November 10, 2020.
    (1) State statutes and regulations.--(i) Incorporation by
reference. The provisions cited in this paragraph, and listed in
Appendix A to Part 282, with the exception of the provisions cited in
paragraphs (d)(1)(ii) and (iii) of this section, are incorporated by
reference as part of the approved underground storage tank program in
accordance with Subtitle I of RCRA, 42 U.S.C. 6991 et seq. (See Sec.
282.2 for incorporation by reference approval and inspection
information.) The Director of the Federal Register approves this
incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. You may obtain copies of the West Virginia regulations and
statutes that are incorporated by reference in this paragraph from
Terry Fletcher, Acting Communications Director, West Virginia
Department of Environmental Protection, 601 57th St. SE, Charleston, WV
25304; Phone number:<PHONE_NUMBER> ext 49720; email address,
<EMAIL_ADDRESS>Hours: Monday-Friday, 7:00 a.m. to 3:30 p.m.
You may inspect all approved material at the EPA Region 3 Office, 1650
Arch Street, Philadelphia, PA 19103-2029 (Phone number:<PHONE_NUMBER>);
or the National Archives and Records Administration (NARA). For
information on the availability of the material at NARA, email
<EMAIL_ADDRESS>or go to http://www.archives.gov/federal-register/cfr/ibr-locations.html.
    (A) West Virginia Statutory Requirements Applicable to the
Underground Storage Tank Program, June 2011.
    (B) West Virginia Regulatory Requirements Applicable to the
Underground Storage Tank Program, June 2018.
    (ii) Legal basis. EPA evaluated the following statutes and
regulations, which are part of the approved program, but they are not
being incorporated by reference for enforcement purposes and do not
replace federal authorities:
    (A) The statutory provisions include:

    (1) Code of West Virginia, Chapter 22, Article 17: Underground
Storage Tank Act

Section 22-17-5 Powers and duties of director; integration with other
acts
Section 22-17-6 Promulgation of rules and standards by director, Sec.
22-17-6.(b)(13)
Section 22-17-12 Confidentiality, Sec.  22-17-12.(b)
Section 22-17-13 Inspections, monitoring, and testing
Section 22-17-15 Administrative orders; injunctive relief; requests for
reconsideration
Section 22-17-16 Civil penalties
Section 22-17-17 Public participation
Section 22-17-18 Appeal to environmental quality board
Section 22-17-23 Duplicative enforcement prohibited

    (2) Code of West Virginia, Chapter 22, Article 1: Department of
Environmental Protection

Section 22-1-2 Definitions

    (B) The regulatory provisions include:
    (1) West Virginia Code of State Regulations, Title 33: Waste
Management Rule, Series 30: Underground Storage Tanks

Section 33-30-5 Delivery Prohibition

    (iii) Provisions not incorporated by reference. The following
statutory and regulatory provisions are ``broader in scope'' than the
federal program, are not part of the approved program, and are not
incorporated by reference. These provisions are not federally
enforceable.
    (A) The statutory provisions include:
    (1) Code of West Virginia, Chapter 22, Article 17: Underground
Storage Tank Act

Section 22-17-6 Promulgation of rules and standards by director, Sec.
22-17-6.(b)(12) (except as to installation)
Section 22-17-7 Underground storage tank advisory committee; purpose
Section 22-17-19 Disclosures required in deeds and leases
Section 22-17-20 Appropriation of funds; underground storage tank
administrative fund
Section 22-17-21 Leaking underground storage tank response fund

    (2) [Reserved]
    (B) The regulatory provisions include:
    (1) West Virginia Code of State Regulations, Title 33: Waste
Management Rule, Series 30: Underground Storage Tanks

Section 33-30-3 Certification Requirements for Individuals who Install,
Repair, Retrofit, Upgrade, Perform Change-in-Service, Close or
Tightness Test Underground Storage Tank Systems (except as to
Individuals who Install)
Section 33-30-6 Operator Training Requirements

    (2) West Virginia Code of State Regulations, Title 33: Office of
Waste Management Rule, Series 31: Underground Storage Tank Fee
Assessments
    (2) Statement of Legal Authority. ``Attorney General's Statement'',
signed by the Acting General Counsel, Chief of the Office of Legal
Services, West Virginia Department of Environmental Protection, on June
8, 2017, though not incorporated by reference, is referenced as part of
the approved underground storage tank program under Subtitle I of RCRA,
42 U.S.C. 6991 et seq.
    (3) Demonstration of Procedures for Adequate Enforcement. The
``Demonstration of Procedures for Adequate Enforcement'' submitted as
part of the program revision application on June 24, 2018, though not
incorporated by reference, is referenced as part of the approved
underground storage tank program under Subtitle I of RCRA, 42 U.S.C.
6991 et seq.
    (4) Program Description. The program description and any other
material submitted as part of the program revision application on June
24, 2018, though not incorporated by reference, is referenced as part
of the approved underground storage tank program under Subtitle I of
RCRA, 42 U.S.C. 6991 et seq.
    (5) Memorandum of Agreement. The Memorandum of Agreement between
EPA Region 3 and the West Virginia Department of Environmental
Protection, signed by the EPA Regional Administrator on July 8, 2018,
though not incorporated by reference, is referenced as part of the
approved underground storage tank program under Subtitle I of RCRA, 42
U.S.C. 6991 et seq.

0
4. Appendix A to part 282 is amended by revising the entry for West
Virginia to read as follows:

Appendix A to Part 282--State Requirements Incorporated by Reference in
Part 282 of the Code of Federal Regulations

* * * * *

West Virginia

    (a) The statutory provisions include:
    (1) Code of West Virginia, Chapter 22, Article 17: Underground
Storage Tank Act

Section 22-17-1 Short title
Section 22-17-2 Declaration of policy and purpose
Section 22-17-3 Definitions
Section 22-17-4 Designation of division of environmental protection
as the state underground storage tank program lead agency
Section 22-17-6 Promulgation of rules and standards by director,
except Sec.  22.17-6.(b)(12) (except as to installation) and (b)(13)
Section 22-17-8 Notification requirements
Section 22-17-9 Registration requirements; undertaking activities
without registration
Section 22-17-10 Financial responsibility
Section 22-17-11 Performance standards for new underground storage
tanks
Section 22-17-12 Confidentiality, except Sec.  22-17-12.(b)
Section 22-17-14 Corrective action for underground petroleum storage
tanks
Section 22-17-22 Underground storage tank insurance fund

    (b) The regulatory provisions include:
    (1) West Virginia Code of State Regulations, Title 33: Waste
Management Rule, Series 30: Underground Storage Tanks

Section 33-30-1 General
Section 33-30-2 Adoption of Federal Regulations
Section 33-30-3 Certification Requirements for Individuals Who
Install, Repair, Retrofit, Upgrade, Perform Change-in-Service, Close
or Tightness Test Underground Storage Tank Systems or Install,
Repair, Upgrade or Test Corrosion Protection on Underground Storage
Tank Systems (as to Individuals Who Install)
Section 33-30-4 Notification Requirements

    Notification for Underground Storage Tanks, revised 2/2018

[FR Doc. 2020-17345 Filed 9-10-20; 8:45 am]
BILLING CODE 6560-50-P