[Federal Register Volume 88, Number 203 (Monday, October 23, 2023)]
[Notices]
[Pages 72752-72754]
[FR Doc No: 2023-23349]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2008-0351; FRL-11516-01-OCSPP]

Notice of Receipt of Requests To Voluntarily Cancel Certain
Pesticide Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In accordance with the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of requests
by registrants to voluntarily cancel certain pesticide registrations.
EPA intends to grant these requests at the close of the comment period
for this announcement unless the Agency receives substantive comments
within the comment period that would merit its further review of the
requests, or unless the registrants withdraw their requests. If these
requests are granted, any sale, distribution, or use of products listed
in this notice will be permitted after the registration has been
cancelled only if such sale, distribution, or use is consistent with
the terms as described in the final order.

DATES: Comments must be received on or before November 22, 2023.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2008-0351, through the Federal eRulemaking
Portal at https://www.regulations.gov. Follow the online instructions
for submitting

comments. Do not submit electronically any information you consider to
be Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Additional instructions on
commenting and visiting the docket, along with more information about
dockets generally, is available at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Alexandra McKee, Pesticide Re-
Evaluation Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460-0001; telephone number:<PHONE_NUMBER>; email address:
[email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general and may be of
interest to a wide range of stakeholders including environmental, human
health, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at https://www.epa.gov/dockets/comments.html.

II. What action is the Agency taking?

    This notice announces receipt by the Agency of requests from three
registrants to cancel nine pesticide products registered under FIFRA
section 3 (7 U.S.C. 136a) or 24(c) (7 U.S.C. 136v(c)). These
registrations are listed in sequence by registration number (or company
number and 24(c) number) in Table 1 of this unit.
    Unless the Agency determines that there are substantive comments
that warrant further review of the requests or the registrants withdraw
their requests, EPA intends to issue orders in the Federal Register
canceling all of the affected registrations.

                          Table 1--Registrations With Pending Requests for Cancellation
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         Registration No.             Company No.       Product name                Active ingredients
----------------------------------------------------------------------------------------------------------------
66222-10..........................           66222  Diazinon 50W........  Diazinon.
TX040026..........................           66222  Diazinon AG500......  Diazinon.
ID070003..........................           66222  Diazinon AG600 WBC    Diazinon.
                                                     Insecticide.
ID030018..........................           66222  Diazinon AG500......  Diazinon.
CA050002..........................           66222  Diazinon AG500......  Diazinon.
ID020003..........................            5905  Diazinon AG500......  Diazinon.
GA020002..........................            5905  Diazinon AG500......  Diazinon.
GA020003..........................            5905  Diazinon AG500......  Diazinon.
19713-492.........................           19713  Drexel Diazinon 50WP  Diazinon.
----------------------------------------------------------------------------------------------------------------

    Table 2 of this unit includes the names and addresses of record for
all registrants of the products in Table 1 of this unit, in sequence by
EPA company number. This number corresponds to the first part of the
EPA registration numbers of the products listed in this unit.

         Table 2--Registrants Requesting Voluntary Cancellation
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      EPA Company No.                  Company name and address
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66222......................  Adama US, 8601 Six Forks Road, Suite 300,
                              Raleigh, NC 27615.
19713......................  Drexel Chemical Company, 1700 Channel
                              Avenue, P.O. Box 13327, Memphis, TN 38113.
5905.......................  Helena Agri-Enterprises, LLC, 225 Schilling
                              Boulevard, Suite 300, Collierville, TN
                              38017.
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III. What is the Agency's authority for taking this action?

    Section 6(f)(1) of FIFRA (7 U.S.C. 136d(f)(1)) provides that a
registrant of a pesticide product may at any time request that any of
its pesticide registrations be canceled. FIFRA further provides that,
before acting on the request, EPA must publish a notice of receipt of
any such request in the Federal Register.
    Section 6(f)(1)(B) of FIFRA (7 U.S.C. 136d(f)(1)(B)) requires that
before acting on a request for voluntary cancellation, EPA must provide
a 30-day public comment period on the request for voluntary
cancellation or use termination. In addition, FIFRA section 6(f)(1)(C)
(7 U.S.C. 136d(f)(1)(C)) requires that EPA provide a 180-day comment
period on a request for voluntary cancellation or termination of any
minor agricultural use before granting the request, unless:
    1. The registrants request a waiver of the comment period, or
    2. The EPA Administrator determines that continued use of the
pesticide would pose an unreasonable adverse effect on the environment.
    The registrants in Table 2 of Unit II. have requested that EPA
waive the 180-day comment period. Accordingly, EPA will provide a 30-
day comment period on the proposed requests.

IV. Procedures for Withdrawal of Request

    Registrants who choose to withdraw a request for cancellation
should submit such withdrawal in writing to the person listed under FOR
FURTHER INFORMATION CONTACT. If the products have been subject to a
previous cancellation action, the effective date of

cancellation and all other provisions of any earlier cancellation
action are controlling.

V. Provisions for Disposition of Existing Stocks

    Existing stocks are those stocks of registered pesticide products
that are currently in the United States and that were packaged,
labeled, and released for shipment prior to the effective date of the
cancellation action. Because the Agency has identified no significant
potential risk concerns associated with these pesticide products, upon
cancellation of the products identified in Table 1 of Unit II., EPA
anticipates allowing registrants to sell and distribute existing stocks
of these products for 1 year after publication of the Cancellation
Order in the Federal Register. Thereafter, registrants will be
prohibited from selling or distributing the pesticides identified in
Table 1 of Unit II., except for export consistent with FIFRA section 17
(7 U.S.C. 136o) or for proper disposal. Persons other than registrants
will generally be allowed to sell, distribute, or use existing stocks
until such stocks are exhausted, provided that such sale, distribution,
or use is consistent with the terms of the previously approved labeling
on, or that accompanied, the canceled products.
    Authority: 7 U.S.C. 136 et seq.

    Dated: October 17, 2023.
Mary Elissa Reaves,
Director, Pesticide Re-Evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2023-23349 Filed 10-20-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 89 (Tuesday, May 9, 2023)]
[Rules and Regulations]
[Pages 29839-29843]
[FR Doc No: 2023-08990]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R04-RCRA-2023-0042; FRL-10671-02-R4]

South Carolina: Final Authorization of State Hazardous Waste
Management Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final action.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action on the authorization of South Carolina's changes to its
hazardous waste program under the Resource Conservation and Recovery
Act (RCRA), as amended. These changes were outlined in a September 26,
2022, application to the EPA. We have determined that these changes
satisfy all requirements needed for final authorization.

DATES: This authorization is effective on July 10, 2023 without further
notice

unless the EPA receives adverse comment by June 8, 2023. If the EPA
receives adverse comment, we will publish a timely withdrawal of this
direct final action in the Federal Register informing the public that
the authorization will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
RCRA-2023-0042, at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from www.regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
    The EPA encourages electronic submittals and lists all publicly
available docket materials electronically at www.regulations.gov. If
you are unable to make electronic submittals or require alternative
access to docket materials, please notify Leah Davis through the
provided contacts in the FOR FURTHER INFORMATION CONTACT section.
Please also contact Leah Davis if you need assistance in a language
other than English or if you are a person with disabilities who needs a
reasonable accommodation at no cost to you.

FOR FURTHER INFORMATION CONTACT: Leah Davis; RCRA Programs and Cleanup
Branch; Land, Chemicals and Redevelopment Division; U.S. Environmental
Protection Agency; Atlanta Federal Center, 61 Forsyth Street SW,
Atlanta, Georgia 30303-8960; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Why is the EPA using a direct final action?

    The EPA is publishing this action without a prior proposed rule
because we view this as a noncontroversial action and anticipate no
adverse comment. This action is a routine program change. However, in
the ``Proposed Rules'' section of this issue of the Federal Register,
we are publishing a separate document that will serve as the proposed
rule allowing the public an opportunity to comment. We will not
institute a second comment period on this action. Any parties
interested in commenting must do so at this time. For further
information about commenting on this action, see the ADDRESSES section
of this document.
    If the EPA receives comments that oppose this authorization, we
will withdraw this action by publishing a document in the Federal
Register before the action becomes effective. The EPA will base any
further decision on the authorization of the State program changes on
the proposal mentioned in the previous paragraph. We will then address
all public comments in a later final action.

II. Why are revisions to state programs necessary?

    States that have received final authorization from the EPA under
RCRA section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous
waste program that is equivalent to, consistent with, and no less
stringent than the Federal program. As the Federal program changes,
states must change their programs and ask the EPA to authorize the
changes. Changes to state programs may be necessary when Federal or
state statutory or regulatory authority is modified or when certain
other changes occur. Most commonly, states must change their programs
because of changes to the EPA's regulations in 40 Code of Federal
Regulations (CFR) parts 124, 260 through 268, 270, 273, and 279.
    New Federal requirements and prohibitions imposed by Federal
regulations that the EPA promulgates pursuant to the Hazardous and
Solid Waste Amendments of 1984 (HSWA) take effect in authorized states
at the same time they take effect in unauthorized states. Thus, the EPA
will implement those requirements and prohibitions in South Carolina,
including the issuance of new permits implementing those requirements,
until the State is granted authorization to do so.

III. What decisions has the EPA made in this action?

    South Carolina submitted a complete program revision application
(PRA), dated September 26, 2022, seeking authorization of changes to
its hazardous waste program corresponding to certain Federal rules
promulgated between July 1, 2018, and June 30, 2021 (including RCRA
Clusters \1\ XXVII, XXVIII, and XXIX). Additionally, South Carolina's
PRA seeks authorization for certain provisions that had been excluded
from previously authorized checklists \2\ in Clusters XV (Checklist 207
only), XXIV (Checklist 233 only), and XXV (Checklist 237 only). The EPA
concludes that South Carolina's application to revise its authorized
program meets all of the statutory and regulatory requirements
established under RCRA, as set forth in RCRA section 3006(b), 42 U.S.C.
6926(b), and 40 CFR part 271. Therefore, the EPA grants South Carolina
final authorization to operate its hazardous waste program with the
changes described in the authorization application, and as outlined
below in Section VI of this document.
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    \1\ A ``cluster'' is a grouping of hazardous waste rules that
the EPA promulgates from July 1st of one year to June 30th of the
following year.
    \2\ A ``checklist'' is developed by the EPA for each Federal
rule amending the RCRA regulations. The checklists document the
changes made by each Federal rule and are presented and numbered in
chronological order by date of promulgation.
---------------------------------------------------------------------------

    South Carolina has responsibility for permitting treatment,
storage, and disposal facilities within its borders (except in Indian
country, as defined at 18 U.S.C. 1151) and for carrying out the aspects
of the RCRA program described in its program revision application,
subject to the limitations of HSWA, as discussed above.

IV. What is the effect of this authorization decision?

    The effect of this decision is that the changes described in South
Carolina's authorization application will become part of the authorized
State hazardous waste program and will therefore be federally
enforceable. South Carolina will continue to have primary enforcement
authority and responsibility for its State hazardous waste program. The
EPA will maintain its authorities under RCRA sections 3007, 3008, 3013,
and 7003, including its authority to:
     Conduct inspections, and require monitoring, tests,
analyses, and reports;
     Enforce RCRA requirements, including authorized State
program requirements, and suspend or revoke permits; and
     Take enforcement actions regardless of whether the State
has taken its own actions.
    This action does not impose additional requirements on the
regulated community because the regulations for which the EPA is

authorizing South Carolina are already effective under State law and
are not changed by this action.

V. What has South Carolina previously been authorized for?

    South Carolina initially received final authorization on November
8, 1985, effective November 22, 1985 (50 FR 46437), to implement the
RCRA hazardous waste management program. The EPA granted authorization
for changes to South Carolina's program on the following dates:
September 8, 1988, effective November 7, 1988 (53 FR 34758); February
10, 1993, effective April 12, 1993 (58 FR 7865); November 29, 1994,
effective January 30, 1995 (59 FR 60901); April 26, 1996, effective
June 25, 1996 (61 FR 18502); October 4, 2000, effective December 4,
2000 (65 FR 59135); August 21, 2001, effective October 22, 2001 (66 FR
43798); September 2, 2003, effective November 3, 2003 (68 FR 52113);
February 9, 2005, effective April 11, 2005 (70 FR 6765); March 28,
2005, effective May 27, 2005 (70 FR 15594); and November 20, 2020,
effective November 20, 2020 (85 FR 74265).

VI. What changes is the EPA authorizing with this action?

    South Carolina submitted a complete program revision application,
dated September 26, 2022, seeking authorization of changes to its
hazardous waste management program in accordance with 40 CFR 271.21.
This application included changes associated with Checklists 240, 241,
242, and 243 from RCRA Clusters XXVII, XXVIII, and XIX. South Carolina
was previously authorized for Checklists 207, 233B, 233D2, 233E, and
237 in the November 20, 2020, Final Authorization (85 FR 74265);
however certain provisions of the Federal rules associated with these
checklists were excluded from authorization due to omissions or errors
that the EPA deemed substantive. South Carolina has corrected these
errors and omissions and has submitted these corrected provisions for
authorization in this application. The EPA has determined, subject to
receipt of written comments that oppose this action, that South
Carolina's hazardous waste program revisions are equivalent to,
consistent with, and no less stringent than the Federal program, and
therefore satisfy all of the requirements necessary to qualify for
final authorization. Therefore, the EPA grants final authorization to
South Carolina for the following program changes:

----------------------------------------------------------------------------------------------------------------
   Description of Federal requirement     Federal Register date and page       Analogous state authority \1\
----------------------------------------------------------------------------------------------------------------
Checklist 207, Uniform Hazardous Waste   70 FR 10776, 3/4/2005...........  R.61-79.262.21(f)(4).\3\
 Manifest Rule \2\.
Checklist 233B, Revisions to the         80 FR 1694, 1/13/2015; 83 FR      R.61-79.261.2(a)(2)(ii) [reserved].
 Definition of Solid Waste--Legitimacy-   24664, 5/30/2018.
 related Provisions, Including
 Prohibition of Sham Recycling,
 Definition of Legitimacy, Definition
 of Contained \2\.
Checklist 233D2, Revisions to the                                          R.61-79.261.2(c)(4) Table 1 and R.61-
 Definition of Solid Waste--2008 DSW                                        79.270.42 Entries 9 and 10, Section
 Exclusions and Non-Waste                                                   A (Appendix 1).
 Determinations Including Revisions
 From 2015 DSW Final Rule \2\.
Checklist 233E, Revisions to the                                           R.61-79.261.2(c)(4) Table 1.
 Definition of Solid Waste--
 Remanufacturing Exclusion \2\.
Checklist 237, Hazardous Waste           81 FR 85732, 11/28/2016.........  R.61-79.261.420(g).
 Generator Improvements Rule \2\.
Checklist 240, Safe Management of        83 FR 61552, 11/30/2018.........  R.61-79.260.10; R.61-79.261.4(i)
 Recalled Airbags.                                                          [reserved]; R.61-79.261.4(j)(1)-(3);
                                                                            R.61-79.262.14(a)(5)(ix).
Checklist 241, Management Standards for  84 FR 5816-5950, 2/22/2019......  R.61-79.261.4(a)(1)(ii); R.61-
 Hazardous Waste Pharmaceuticals and                                        79.261.7(c); R.61-79.261.33(c)
 Amendment to the P075 Listing for                                          (including Comment) and (e) Table;
 Nicotine.                                                                  R.61-79.262.10(m)-(n); R.61-
                                                                            79.262.13(c)(9); R.61-
                                                                            79.262.14(a)(5)(ix)-(x); R.61-
                                                                            79.264.1(g)(13); R.61-
                                                                            79.265.1(c)(16); R.61.-79.266.500
                                                                            through R.61-79.266.510 [Addition of
                                                                            Subpart P]; R.61-79.268.7 Heading;
                                                                            R.61-79.268.50(a) and (a)(4)-(5);
                                                                            R.61-79.270.1(c)(2)(x); R.61-
                                                                            79.273.80(a) and (d).
Checklist 242, Universal Waste           84 FR 67202, 12/9/2019..........  R.61-79.260.10; R.61-79.261.9(c)-(e);
 Regulations: Addition of Aerosol Cans.                                     R.61-79.264.1(g)(11)(iii)-(v); R.61-
                                                                            79.265.1(c)(14)(iii)-(v); R.61-
                                                                            79.268.1(f)(3)-(5); R.61-
                                                                            79.270.1(c)(2)(viii)(C)-(E); R.61-
                                                                            79.273.1(a)(3)-(5); R.61-
                                                                            79.273.3(b)(2); R.61-79.273.6(a)-
                                                                            (c), including (c)(1)-(2), R.61-
                                                                            79.273.9; R.61-79.273.13(c)(2)(iii)-
                                                                            (iv) and (e), including (e)(1)-(4);
                                                                            R.61-79.273.14(f); R.61-
                                                                            79.273.32(b)(4); R.61-
                                                                            79.273.33(c)(2)(iii)-(iv) and (e),
                                                                            including (e)(1)-(4); R.61-
                                                                            79.273.34(f).
Checklist 243, Modernizing Ignitable     85 FR 40594, 7/7/2020...........  R.61-79.260.11(a)-(e), including
 Liquids Determinations.                                                    (e)(1)-(2); R.61-79.261.21(a)(1),
                                                                            (a)(3)(ii)(A)-(D), (a)(4),
                                                                            (a)(4)(i)(A), (a)(4)(i)(D), and
                                                                            Appendix IX to Part 261.
----------------------------------------------------------------------------------------------------------------
Notes
\1\ The South Carolina regulatory citations are from the South Carolina Hazardous Waste Management Regulations,
  S.C. Code Ann. Regs. 61-79.260-273, effective May 27, 2022.
\2\ South Carolina was authorized for this Checklist as a part of the Final Authorization effective November 20,
  2020, (85 FR 74265). The provisions listed for this entry were previously excluded from the November 20, 2020
  (85 FR 74265) Final Authorization due to an omission or error which was deemed substantive. South Carolina is
  submitting revisions to these provisions and the EPA is authorizing these individual provisions here.
\3\ There are certain regulatory provisions for which the states cannot be authorized to administer or
  implement. These provisions include the requirements associated with the Federal manifest registry system
  (Section 262.21) contained within the Uniform Hazardous Waste Manifest Rule (Checklist 207).

VII. Where are the revised state rules different than the Federal
rules?

    When revised state rules differ from the Federal rules in the RCRA
state authorization process, the EPA determines whether the state rules
are equivalent to, more stringent than, or broader in scope than the
Federal program. Pursuant to RCRA section 3009, 42 U.S.C. 6929, state
programs may contain requirements that are more stringent than the
Federal regulations. Such more stringent requirements can be federally
authorized and, once authorized, become federally enforceable. Although
the statute does not prevent states from adopting regulations that are
broader in scope than the Federal program, states cannot receive
Federal authorization for such regulations, and they are not federally
enforceable. There are no State requirements in the program revisions
listed in the table above that are considered to be more stringent or
broader in scope than the Federal requirements.

VIII. Who handles permits after the authorization takes effect?

    When final authorization takes effect, South Carolina will issue
permits for all the provisions for which it is authorized and will
administer the permits it issues. The EPA will continue to administer
any RCRA hazardous waste permits or portions of permits that the EPA
issued prior to the effective date of authorization until they expire
or are terminated. The EPA will not issue any new permits or new
portions of permits for the provisions listed in the table above after
the effective date of the final authorization. The EPA will continue to
implement and issue permits for HSWA requirements for which South
Carolina is not yet authorized. The EPA has the authority to enforce
State-issued permits after the State is authorized.

IX. How does this action affect Indian country in South Carolina?

    South Carolina is not authorized to carry out its hazardous waste
program in Indian country within the State, which includes the Indian
lands associated with the Catawba Indian Nation. Therefore, this action
has no effect on Indian country. The EPA retains jurisdiction over
Indian country and will continue to implement and administer the RCRA
program on these lands.

X. What is codification and is the EPA codifying South Carolina's
hazardous waste program as authorized in this action?

    Codification is the process of placing citations and references to
the State's statutes and regulations that comprise the State's
authorized hazardous waste program into the Code of Federal
Regulations. The EPA does this by adding those citations and references
to the authorized State rules in 40 CFR part 272. The EPA is not
codifying the authorization of South Carolina's revisions at this time.
However, the EPA reserves the ability to amend 40 CFR part 272, subpart
PP, for the authorization of South Carolina's program changes at a
later date.

XI. Statutory and Executive Order Reviews

    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 authorizes
State requirements for the purpose of RCRA section 3006 and imposes no
additional requirements beyond those imposed by State law. Therefore,
this action is not subject to review by OMB. 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.). Because this action authorizes 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). For the same
reason, 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). 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 authorizes State requirements as part of the State
RCRA hazardous waste program without altering the relationship or the
distribution of power and responsibilities established by RCRA. 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. This
action 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 under Executive Order 12866.
    Under RCRA section 3006(b), the EPA grants a state's application
for authorization as long as the state meets the criteria required by
RCRA. It would thus be inconsistent with applicable law for the EPA,
when it reviews a state authorization 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. As required
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996),
in issuing this action, the EPA has taken the necessary steps to
eliminate drafting errors and ambiguity, minimize potential litigation,
and provide a clear legal standard for affected conduct. The EPA has
complied with Executive Order 12630 (53 FR 8859, March 15, 1988), by
examining the takings implications of this action in accordance with
the ``Attorney General's Supplemental Guidelines for the Evaluation of
Risk and Avoidance of Unanticipated Takings'' issued under the
Executive order. This action 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).
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 action authorizes pre-
existing State rules which are at least equivalent to, and 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, this action is not subject to Executive Order 12898.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, 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. The 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). This
final action will be effective July 10, 2023.

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Indian lands, Intergovernmental relations, Penalties,
Reporting and recordkeeping requirements.

    Authority: This action is issued under the authority of sections
2002(a), 3006, and 7004(b) of the Solid Waste Disposal Act as
amended, 42 U.S.C. 6912(a), 6926, and 6974(b).

    Dated: March 30, 2023.
Daniel Blackman,
Regional Administrator, Region 4.
[FR Doc. 2023-08990 Filed 5-8-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 242 (Tuesday, December 19, 2023)]
[Proposed Rules]
[Pages 87730-87731]
[FR Doc No: 2023-27711]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-2429; Airspace Docket No. 23-AGL-37]
RIN 2120-AA66

Amendment of Class D and Class E Airspace; Anderson, IN

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend the Class D and Class E airspace
at Anderson, IN. The FAA is proposing this action as the result of an
airspace review conducted due to the decommissioning of the Muncie very
high frequency omnidirectional range (VOR) as part of the VOR Minimum
Operating Network (MON) Program. The name of the airport would also be
updated to coincide with the FAA's aeronautical database. This action
will bring the airspace into compliance with FAA orders to support
instrument flight rule (IFR) operations.

DATES: Comments must be received on or before February 2, 2024.

ADDRESSES: Send comments identified by FAA Docket No. FAA-2023-2429 and
Airspace Docket No. 23-AGL-37 using any of the following methods:
    * Federal eRulemaking Portal: Go to www.regulations.gov and follow
the online instruction for sending your comments electronically.
    * Mail: Send comments to Docket Operations, M-30; U.S. Department
of Transportation, 1200 New Jersey Avenue SE, Room W12-140, West
Building Ground Floor, Washington, DC 20590-0001.
    * Hand Delivery or Courier: Take comments to Docket Operations in
Room W12-140 OF THE West Building Ground Floor at 1200 New Jersey
Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
    * Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Docket: Background documents or comments received may be read at
www.regulations.gov at any time. Follow the online instructions for
accessing the docket or go to Docket Operations in Room W12-140 of the
West Building Ground Floor at 1200 New Jersey Avenue SE, Washington,
DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
    FAA Order JO 7400.11H, Airspace Designations and Reporting Points,
and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. You may also contact the Rules and
Regulations Group, Office of Policy, Federal Aviation Administration,
800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; telephone<PHONE_NUMBER>.

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
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 amend the Class D airspace and the Class E airspace
extending upward from 700 feet above the surface at Anderson Municipal
Airport-Darlington Field, Anderson, IN, to support IFR operations at
this airport.

Comments Invited

    The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal. The most
helpful comments reference a specific portion of the proposal, explain
the reason for any recommended change, and include supporting data. To
ensure the docket does not contain duplicate comments, commenters
should submit only one time if comments are filed electronically, or
commenters should send only one copy of written comments if comments
are filed in writing.
    The FAA will file in the docket all comments it receives, as well
as a report summarizing each substantive public contact with FAA
personnel concerning this proposed rulemaking. Before acting on this
proposal, the FAA will consider all comments it received on or before
the closing date for comments. The FAA will consider comments filed
after the comment period has closed if it is possible to do so without
incurring expense or dely. The FAA may change this proposal in light of
the comments it receives.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT post these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov as described in the system
of records notice (DOT/ALL-14FDMS), which can be reviewed at
www.dot.gov/privacy.

Availability of Rulemaking Documents

    An electronic copy of this document may be downloaded through the
internet at www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at
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 the ADDRESSES section for the address, phone number, and hours of
operations). An informal docket may also be examined during normal
business hours at the Federal Aviation Administration, Air Traffic
Organization, Central Service Center, Operations Support Group, 10101
Hillwood Parkway, Fort Worth, TX 76177.

Incorporation by Reference

    Class D and Class E airspace is published in paragraphs 5000 and
6005 of FAA Order JO 7400.11, Airspace Designations and Reporting
Points, which is incorporated by reference in 14 CFR 71.1 on an annual
basis. This document proposes to amend the current version of that
order, FAA Order JO 7400.11H, dated August 11, 2023, and effective
September 15, 2023. These updates would be published subsequently in
the next update to FAA Order JO 7400.11. That order is publicly
available as listed in the ADDRESSES section of this document.
    FAA Order JO 7400.11H lists Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting points.

The Proposal

    The FAA is proposing to amend 14 CFR part 71 by:
    Amending the Class D airspace to within a 4-mile (decreased from a
4.4-mile) radius of the Anderson Municipal Airport-Darlington Field,
Anderson, IN; updating the name (previously Anderson Municipal Airport)
of the airport to coincide with the FAA's aeronautical database; and
updating the outdated terms ``Notice to Airmen'' and ``Airport
Facility/Directory'' to ``Notice to Air Missions'' and ``Chart
Supplement'';
    And amending the Class E airspace extending upward from 700 feet
above the surface at Anderson Municipal Airport-Darlington Field by
updating the name (previously Anderson Municipal Airport) to coincide
with the FAA's aeronautical database.
    The FAA is proposing this action as the result of an airspace
review conducted due to the decommissioning of the Muncie VOR as part
of the VOR MON Program and to support IFR operations.

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 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
7400.11H, Airspace Designations and Reporting Points, dated August 11,
2023, and effective September 15, 2023, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

AGL IN D Anderson, IN [Amended]

Anderson Municipal Airport-Darlington Field, IN
    (Lat. 40[deg]06'31'' N, long. 85[deg]36'47'' W)

    That airspace extending upward from the surface to and including
3,400 feet MSL within a 4-mile radius of Anderson Municipal Airport-
Darlington Field. This Class D airspace area is effective during the
specific dates and times established in advance by a Notice to Air
Missions. The effective dates and times will thereafter be
continuously published in the Chart Supplement.
* * * * *

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

AGL IN E5 Anderson, IN [Amended]

Anderson Municipal Airport-Darlington Field, IN
    (Lat. 40[deg]06'31'' N, long. 85[deg]36'47'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of Anderson Municipal Airport-Darlington
Field.
* * * * *

    Issued in Fort Worth, Texas, on December 13, 2023.
Martin A. Skinner,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2023-27711 Filed 12-18-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: April 30, 2008 (Volume 73, Number 84)]
[Notices]
[Page 23516-23517]
[DOCID:fr30ap08-137]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 28252; 812-13508]

Thrivent Mutual Funds, et al.; Notice of Application

April 24, 2008.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of an application under section 6(c) of the Investment
Company Act of 1940 (``Act'') for an exemption from rule 12d1-2(a)
under the Act.

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Summary of Application: Applicants request an order to permit funds of
funds relying on rule 12d1-2 under the Act to invest in certain
financial instruments.

Applicants: Thrivent Mutual Funds (``TMF''), Thrivent Series Fund, Inc.
(``TSF,'' together with TMF, the ``Funds''), Thrivent Asset Management,
LLC (``TAM''), Thrivent Financial for Lutherans (``TFL'') and Thrivent
Investment Management Inc. (``TIMI'').

Filing Dates: The application was filed on February 20, 2008, and
amended on April 22, 2008.

Hearing or Notification of Hearing: An order granting the application
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 May 19, 2008 and should be accompanied by proof of service on
applicants, in the form of an affidavit or, for lawyers, a certificate
of service. Hearing requests should state the nature of the writer's
interest, 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: Secretary, Commission, 100 F Street, NE., Washington, DC
20549-1090; Applicants, c/o David S. Royal, Thrivent Financial for
Lutherans, 625 Fourth Avenue, South, Minneapolis, MN 55415.

FOR FURTHER INFORMATION CONTACT: Lewis Reich, Senior Counsel, at (202)
551-6919, or Nadya B. Roytblat, Assistant Director, at<PHONE_NUMBER>
(Division of Investment Management, Office of Investment Company
Regulation).

SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application may be obtained for a fee at the
Commission's Public Reference Branch, 100 F Street, NE., Washington, DC
20549-1520 (telephone<PHONE_NUMBER>).

Applicants' Representations

    1. TMF is organized as a Massachusetts business trust, and TSF is
organized as a Minnesota corporation; both are registered as open-end
management investment companies under the Act and each offers separate
investment portfolio series (``Funds'') that may invest in other
registered investment companies (``Underlying Funds''). Applicants
request an exemption to the extent necessary to permit the Funds and
any other existing or future registered open-end management investment
companies and their series advised by TAM or TFL or any entity
controlling, controlled by, or under common control with, TAM or TFL
(included in the term ``Funds'') that may invest in other Funds in
reliance on section 12(d)(1)G) of the Act or rule 12d1-2 under the Act
to also invest in financial instruments that may not be securities
within the meaning of section 2(a)(36) of the Act (``Other
Investments'') consistent with their investment objectives, policies,
strategies and limitations. A Fund eligible to rely on section
12(d)(1)G) of the Act or rule 12d1-2 is referred to as a ``Fund of
Funds.''
    2. TAM serves as the investment adviser to each portfolio of TMF,
and TFL serves as the investment adviser to each portfolio of TSF. Both
TAM and TFL are registered as investment advisers under the Investment
Advisers Act of 1940 (the ``Advisers Act''). TAM, a limited liability
company organized under the laws of Delaware, is a wholly owned
indirect subsidiary of TFL. TIMI, the distributor of TMF, is a wholly
owned indirect subsidiary of TFL registered as a broker-dealer under
the Securities Exchange Act of 1934 (``Exchange Act''), and as an
investment adviser under the Advisers Act.

Applicants' Legal Analysis

    1. Section 12(d)(1)(A) of the Act provides that no registered
investment company (``acquiring company'') may acquire securities of
another investment company (``acquired company'') if such securities
represent more than 3% of the acquired company's outstanding voting
stock or more than 5% of the acquiring company's total assets, or if
such securities, together with the securities of other investment
companies, represent more than 10% of the acquiring company's total
assets. Section 12(d)(1)(B) of the Act provides that no registered
open-end investment company may sell its securities to another
investment company if the sale will cause the acquiring company to own
more than 3% of the acquired company's voting stock, or cause more than
10% of the acquired company's voting stock to be owned by investment
companies.
    2. Section 12(d)(1)(G) of the Act provides that section 12(d)(1)
will not apply to securities of an acquired company purchased by an
acquiring company if: (i) The acquiring company and acquired company
are part of the same group of investment companies; (ii) the acquiring
company holds only securities of acquired companies that are part of
the same group of investment companies, government securities, and
short-term paper; (iii) the aggregate sales loads and distribution-
related fees of the acquiring company and the acquired company are not
excessive under rules adopted pursuant to section 22(b) or section
22(c) of the Act by a securities association registered under section
15A of the Exchange Act or by the Commission; and (iv) the acquired
company has a policy that prohibits it from acquiring securities of
registered open-end management investment companies or registered unit
investment trusts in reliance on section 12(d)(1)(F) or (G) of the Act.
    3. Rule 12d1-2 under the Act permits a registered open-end
investment

company or a registered unit investment trust that relies on section
12(d)(1)(G) of the Act to acquire, in addition to securities issued by
another registered investment company in the same group of investment
companies, government securities, and short-term paper: (1) Securities
issued by an investment company that is not in the same group of
investment companies, when the acquisition is in reliance on section
12(d)(1)(A) or 12(d)(1)(F) of the Act; (2) securities (other than
securities issued by an investment company); and (3) securities issued
by a money market fund, when the investment is in reliance on rule
12d1-1 under the Act. For the purposes of rule 12d1-2, ``securities''
means any security as defined in section 2(a)(36) of the Act.
    4. Section 6(c) of the Act provides that the Commission may exempt
any person, security, or transaction from any provision of the Act, or
from any rule under 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 policies and
provisions of the Act.
    5. Applicants state that the proposed arrangement would comply with
the provisions of rule 12d1-2 under the Act, but for the fact that the
Funds of Funds may invest a portion of their assets in Other
Investments. Applicants request an order under section 6(c) of the Act
for an exemption from rule 12d1-2(a) to allow the Funds of Funds to
invest in Other Investments. Applicants assert that permitting the
Funds of Funds to invest in Other Investments as described in the
application would not raise any of the concerns that the requirements
of section 12(d)(1) were designed to address.

Applicants' Conditions

    Applicants agree that the order granting the requested relief will
be subject to the following conditions:
    1. Prior to approving any investment advisory agreement under
section 15 of the Act, the board of the appropriate Fund of Funds,
including a majority of the directors or trustees who are not
``interested persons'' as defined in section 2(a)(19) of the Act, will
find that the advisory fees, if any, charged under the agreement are
based on services provided that are in addition to, rather than
duplicative of, services provided pursuant to the advisory agreement of
any Underlying Fund's advisory agreement. Such finding, and the basis
upon which the finding is made, will be recorded fully in the minute
books of the appropriate Fund of Funds.
    2. Applicants will comply with all provisions of rule 12d1-2 under
the Act, except for paragraph (a)(2), to the extent that it restricts
any Fund from investing in Other Investments as described in the
application.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E8-9459 Filed 4-29-08; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: October 12, 2010 (Volume 75, Number 196)]
[Notices]
[Page 62518-62519]
[DOCID:fr12oc10-52]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12717-002]

Northern Illinois Hydropower, LLC; Notice of Application Ready
for Environmental Analysis and Soliciting Comments, Recommendations,
Terms and Conditions, and Prescriptions

October 4, 2010.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: Original major license.
    b. Project No.: 12717-002.
    c. Date filed: May 27, 2009.
    d. Applicant: Northern Illinois Hydropower, LLC.
    e. Name of Project: Brandon Road Hydroelectric Project.
    f. Location: U.S. Army Corps of Engineers' Brandon Road Lock and
Dam on the Des Plaines River, near the City of Joliet, Will County,
Illinois. The project would occupy about 1.6 acres of federal land.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Damon Zdunich, Northern Illinois Hydropower,
LLC, 801 Oakland Avenue, Joliet, IL 60435,<PHONE_NUMBER>.
    i. FERC Contact: Janet Hutzel,<PHONE_NUMBER> or
<EMAIL_ADDRESS>    j. Deadline for filing comments, recommendations, terms and
conditions, and prescriptions is 60 days from the issuance of this
notice: Reply comments are due 105 days from the issuance date of this
notice.
    All documents may be filed electronically via the Internet. See 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit
brief comments up to 6,000 characters, without prior registration,
using the eComment system at http://www.ferc.gov/docs-filing/
ecomment.asp. You must include your name and contact information at the
end of your comments. For assistance, please contact FERC Online
Support. Although the Commission strongly encourages electronic filing,
documents may also be paper-filed. To paper-file, mail an original and
seven copies to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street, NE., Washington, DC 20426.
    The Commission's Rules of Practice require all intervenors filing
documents with the Commission to serve a copy of that document on each
person on the official service list for the project. Further, if an
intervenor files comments or documents with the Commission relating to
the merits of an issue that may affect the responsibilities of a
particular resource agency, they must also serve a copy of the document
on that resource agency.
    k. This application has been accepted and is now ready for
environmental analysis.
    l. Project Description: The Brandon Road Hydroelectric Project
would utilize the Corps of Engineer's existing Brandon Road Lock and
Dam and would consist of: (1) A new 90-foot by 118-foot concrete
powerhouse, located between headgate sections 1 through 4, containing
two generating units with a total installed capacity of 10.2 megawatts;
(2) a new 50-foot by 50-foot switchyard adjacent to the west side of
the proposed powerhouse; (3) a new 1-mile-long, 34.5-kilovolt
transmission line; and (4) appurtenant facilities. The project would
have an average annual generation of about 59,000 megawatt-hours.
    m. A copy of the application is available for review at the
Commission in the Public Reference Room or may be viewed on the
Commission's Web site 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 Online Support. A copy is also available
for inspection and reproduction at the address in item h above.
    All filings must (1) Bear in all capital letters the title
``COMMENTS,'' ``REPLY COMMENTS,'' ``RECOMMENDATIONS,'' ``TERMS AND
CONDITIONS,'' or ``PRESCRIPTIONS;'' (2) set forth in the heading the
name of the applicant and the project number of the application to
which the filing responds; (3) furnish the name, address, and telephone
number of the person submitting the filing; and (4) otherwise comply
with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, recommendations, terms and conditions or prescriptions must
set forth their evidentiary basis and otherwise comply with the
requirements of 18 CFR 4.34(b). Agencies may obtain copies of the
application directly from the applicant. Each filing must be
accompanied by proof of service on all persons listed on the service
list prepared by the Commission in this proceeding, in accordance with
18 CFR 4.34(b), and 385.2010.
    You may also register online at http://www.ferc.gov/docs-filing/
esubscription.asp to be notified via e-mail of new filings and
issuances related to this or other pending projects. For assistance,
contact FERC Online Support.
    n. Public notice of the filing of the initial development
application, which has already been given, established the due date for
filing competing applications or notices of intent. Under the
Commission's regulations, any competing development application must be
filed in response to and in compliance with public notice of the
initial development application. No competing applications or notices
of intent may be filed in response to this notice.
    o. A license applicant must file no later than 60 days following
the date of issuance of this notice: (1) A copy of the water quality
certification; (2) a copy of the request for certification, including
proof of the date on which the certifying agency received the request;
or (3) evidence of waiver of water quality certification.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-25517 Filed 10-8-10; 8:45 am]
BILLING CODE 6717-01-P


Comment Info: =================

General Comment:?  U.S. DOT/FAA - Notice of proposed rulemaking Extension


[Federal Register Volume 88, Number 116 (Friday, June 16, 2023)]
[Notices]
[Pages 39503-39504]
[FR Doc No: 2023-12902]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2023-1263]

Agency Information Collection Activities: Requests for Comments;
Clearance of Renewed Approval of Information Collection: Certification
and Operations: Airplanes With Seating Capacity of 20 or More Passenger
Seats or Maximum Payload of 6,000 Pounds or More

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of
Management and Budget (OMB) approval to renew an information
collection. This collection involves the certification and operation of
aircraft with seating capacity of 20 or more passengers, or maximum
payload of 6,000 pounds or more, and includes the operator application
requirements, maintenance requirements, and various operational
requirements.

DATES: Written comments should be submitted by August 15, 2023.

ADDRESSES: Please send written comments:
    By Electronic Docket: www.regulations.gov (Enter docket number into
search field).
    By mail: John Attebury, 800 Independence Ave. SW, Washington, DC
20591].

FOR FURTHER INFORMATION CONTACT: John H. Attebury by email at:
[email protected]; phone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Public Comments Invited: You are asked to
comment on any aspect of this information collection, including (a)
Whether the proposed collection of information is necessary for FAA's
performance; (b) the accuracy of the estimated burden; (c) ways for FAA
to enhance the quality, utility, and clarity of the information
collection; and (d) ways that the burden could be minimized without
reducing the quality of the collected information. The agency will
summarize and/or include your comments in the request for OMB's
clearance of this information collection.
    OMB Control Number: 2120-0085.
    Title: Certification and Operations: Airplanes With Seating
Capacity of 20 or More Passenger Seats or Maximum Payload of 6,000
Pounds or More-14 CFR 125.
    Form Numbers: None.
    Type of Review: Renewal.
    Background: The reporting and recordkeeping requirements under this
collection are necessary for the FAA to issue, reissue, and amend part
125 applicants' operating certificates and operation specifications. A
letter of application and related documents that set forth an
applicant's ability to conduct operations in compliance with the
provisions of 14 CFR part 125 are submitted to the appropriate Flight
Standards District Office (FSDO). Inspectors in FAA FSDOs review the
submitted information to determine certificate eligibility. If the
letter of application, related documents, and inspection show that the
applicant satisfactorily meets acceptable safety standards, an
operating certificate and operations specifications will be issued. If
the information were not collected, the FAA could not discharge its
responsibility to promote the safety of large airplane operators during
such operations.
    Respondents: 54 part 125 operators (38 certificated operators, 15
operators issued a Letter of Deviation Authority (LODA), and one new
applicant per year).
    Frequency: On occasion.
    Estimated Average Burden per Response: 13 minutes.

    Estimated Total Annual Burden: 36,015 hours total; 667 hours per
respondent.

    Issued in Washington, DC.
Emanuel Cruz,
Senior Technical Advisor, Flight Standards Service, General Aviation
and Commercial Division.
[FR Doc. 2023-12902 Filed 6-15-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: July 28, 2010 (Volume 75, Number 144)]
[Rules and Regulations]
[Page 44141-44142]
[DOCID:fr28jy10-11]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2010-0277; FRL-9180-1]

Revisions to the Arizona State Implementation Plan, Maricopa
County Air Quality Department

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is finalizing approval of revisions to the Maricopa County
Air Quality Department (MCAQD) portion of the Arizona State
Implementation Plan (SIP). These revisions were proposed in the Federal
Register on April 16, 2010 and concern opacity standards related to
multiple pollutants, including particulate matter (PM) emissions from
several different types of sources, ranging from fugitive dust to
diesel generators. We are approving a local rule that regulates these
emission sources under the Clean Air Act as amended in 1990 (CAA or the
Act).

DATES: Effective Date: This rule is effective on August 27, 2010.

ADDRESSES: EPA has established docket number EPA-R09-OAR-2010-0277 for
this action. The index to the docket is available electronically at
http://www.regulations.gov and in hard copy at EPA Region IX, 75
Hawthorne Street, San Francisco, California. While all documents in the
docket are listed in the index, some information may be publicly
available only at the hard copy location (e.g., copyrighted material),
and some may not be publicly available in either location (e.g., CBI).
To inspect the hard copy materials, please schedule an appointment
during normal business hours with the contact listed in the FOR FURTHER
INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Joanne Wells, EPA Region IX, (415)
947-4118<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.

Table of Contents

I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews

I. Proposed Action

    On April 16, 2010 (75 FR 19921), EPA proposed to approve the
following rule into the Arizona SIP.

----------------------------------------------------------------------------------------------------------------
            Local agency                  Rule No.            Rule title            Amended         Submitted
----------------------------------------------------------------------------------------------------------------
MCAQD...............................             300   Visible Emissions......        03/12/08         07/10/08
----------------------------------------------------------------------------------------------------------------

    We proposed to approve this rule because we determined that it
complied with the relevant CAA requirements. Our proposed action
contains more information on this rule and our evaluation.

II. Public Comments and EPA Responses

    EPA's proposed action provided a 30-day public comment period.
During this period, we received no comments.

III. EPA Action

    No comments were submitted that change our assessment that the
submitted rules comply with the relevant CAA requirements. Therefore,
as authorized in section 110(k)(3) of the Act, EPA is fully approving
this rule into the Arizona SIP.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves State law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the State,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, 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 action 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 of the rule 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).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by September 27, 2010. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping requirements.

    Dated: July 7, 2010.
Keith Takata,
Acting Regional Administrator, Region IX.

0
Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for Part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart D--Arizona

0
2. Section 52.120 is amended by adding paragraph (c)(141)(i)(B)(3) to
read as follows:

Sec.  52.120  Identification of plan.

* * * * *
    (c) * * *
    (141) * * *
    (i) * * *
    (B) * * *
    (3) Rule 300, ``Visible Emissions,'' amended March 12, 2008.
* * * * *
[FR Doc. 2010-18561 Filed 7-27-10; 8:45 am]
BILLING CODE 6560-50-P


Supporting Statement for Renewal of OECA Tips & Complaints Webpage

Part A

1.	Identification of the Information Collection –

		1(a) 		Title of the Information Collection

Office of Enforcement and Compliance Assurance Tips and Complaints
Webpage

		1(b) 		Short Characterization/Abstract

The Office of Enforcement and Compliance Assurance (OECA) is the
component of the Environmental Protection Agency responsible for
administrative, civil, and criminal enforcement of the environmental
laws that EPA administers.  EPA's criminal enforcement program, and, to
a lesser extent, its civil enforcement program are, like other federal
law enforcement programs, dependent on tips and complaints from
concerned citizens and members of the regulated community.  The OECA
Tips & Complaints webpage provides a convenient means by which these
individuals can voluntarily submit tips and complaints regarding
suspected violations of environmental law.

Tips or complaints received through the webpage are used by civil and/or
criminal enforcement personnel at EPA to determine whether an
investigation is warranted into the suspected or alleged misconduct.  In
some cases, EPA may decide to refer tips or complaints for investigation
to other federal agencies or to State or local authorities within whose
jurisdiction the matter may appropriately fall.  The OECA Tips and
Complaints webpage does not replace or otherwise supplant other means of
providing tips or complaints to EPA; it merely provides a new and
convenient means by which to supply these tips or complaints online.  As
with complaints provided by phone, fax, or electronic mail, we expect
that tippers or complainants are already in the possession of
information that leads them to suspect a violation of environmental law
when then contact EPA to report the matter.  Accordingly, EPA believes
that the burden associated with the webpage is merely that arising from
the need to read the instructions and type information into the
appropriate fields on the webpage.  In our estimate, this amounts to
approximately ½ hour per tip or complaint, for total annualized burden
for all tippers and complainants of 3,780 hours.  While we do not expect
actual labor costs associated with these burden hours, the opportunity
cost of 3,780 burden hours would be approximately $75,146.

2.	Need For and Use of the Collection

		2(a) 		Need/Authority for the Collection

Under the statutes that EPA is charged to administer, apprehending
violators and responding to ongoing environmental violations is central
to the Agency's mission.  See, e.g., 33 U.S.C. § 1319 (Clean Water
Act), 42 U.S.C. § 7413 (Clean Air Act).  EPA's criminal enforcement
program, and, to a lesser extent, its civil enforcement program are,
like other federal law enforcement programs, dependent on tips and
complaints from concerned citizens and members of the regulated
community.  In fact, in some cases, the statute expressly contemplates
that EPA will take action on citizen complaints.  See, e.g., 15 U.S.C.
§ 2647(d) (citizen complaints regarding asbestos hazards).  These tips
and complaints help EPA focus its investigative resources on violations
of environmental law that could otherwise escape detection.

		2(b) 		Practical Utility/Users of the Data

Tips and complaints received through the EPA tips and complaints web
form are used principally by civil and criminal law enforcement
personnel at EPA to investigate reported accidental violations and
intentional misconduct.  When appropriate, the collected information may
be shared with other law enforcement agencies that may have jurisdiction
over the matter reported.

3. 	Non-duplication, Consultations, and Other Collection Criteria

		3(a) 		Non-duplication

OECA’s tips and complaints webpage does not duplicate other EPA
web-based information collections.  OECA’s Senior Information
Resources Management Office (SIRMO) has confirmed that the tips and
complaints webpage does not duplicate other web-based information
collections.

As noted in Section 1, above, the OECA tips and complaints webform does
not replace or otherwise supplant other means of providing tips or
complaints to EPA; it merely provides a new and convenient means by
which to supply these tips or complaints online.  Accordingly, tippers
or complainants remain free to submit their tips or complaints in person
or by telephone, fax, or e-mail.

		3(b) 		Public Notice Required Prior to ICR Submission to OMB.

EPA has published notice of its intent to renew the ICR for the OECA
tips and complaints webpage.  This notice is attached as part of the
renewal package of which this supporting statement is a part.

EPA received one comment regarding the notice of intent to renew this
ICR.  This commenter complained of governmental inaction on a matter
reported by phone to various agencies, including EPA.  As the comment
did not pertain in any way to the tips and complaints webpage, no
response is warranted in renewing this ICR.

		3(c)		Consultations

In order to confirm its burden estimates, EPA timed the entries of
actual tippers or complainants who have used the OECA tips and
complaints webpage.  In order to preserve the confidentiality of these
tippers or complainants, EPA did not record the names of these tippers
or complainants or otherwise record any identifying information.

		3(d) 		Effects of Less Frequent Collection

Tips and Complaints are provided to EPA on an entirely voluntary basis;
accordingly, there is no specified frequency with which tips or
complaints should or must be provided.  There is, therefore, no basis to
assess the effects of less frequent collection.

		3(f)			Confidentiality

Tippers or complainants are not required to provide contact information
in order to submit a tip or complaint.  However, if contact information
is provided, EPA may use this information to initiate follow-up
communications with the tipper or complainant and may be shared by EPA
with appropriate administrative, law enforcement, and judicial entities
engaged in investigating or adjudicating the tip or complaint.  The
information is otherwise protected from disclosure to third parties to
the extent permitted by law.

Access to the database in which tips and complaints are stored is
limited by system administrator to a small, known universe of users.
Before this access is granted, these users are informed that any misuse
of the information stored in the database will cause them to lose access
to the database and subject them to disciplinary action.  Contractors do
not have access to the database.

EPA does not maintain hardcopies of the information supplied through the
webform.  Tips or complaints not acted upon within 30 days are
automatically purged from the database.  Tips or complaints upon which
some action is taken are preserved for a period of five years, pursuant
to the record schedule for criminal investigations.

		3(g)		Sensitive Questions

The tips and complaints web page does not pose any sensitive questions.

4. 	The Respondents and the Information Requested

		4(a) 		Respondents/SIC Codes

Respondents are expected to be members of the general public as well as
employees of any company subject to federal environmental regulation.
There is no specific industry or group of industries about which EPA
expects tips or complaints.  For the foregoing reasons, it is not
possible to classify the expected universe of respondents by SIC code.

		4(b) 		Information Requested

(i) Data items, including recordkeeping requirements

The information requested on the tips and complaints web page is listed
below.  Items of information that are required in order to submit a tip
or complaint are shown in italics.

If known, the suspected violator’s name

If known, the suspected violator’s street address

If known, the suspected violator’s city

If known, the suspected violator’s zip code

Tipper’s name

Tipper’s email address

Tipper’s phone number

Tipper’s street address

Tippers city

Tipper’s zip code

Is the violation is ongoing?

Has the tipper has already contacted other authorities?

If another authority already contacted, the name of the department
contacted, if known.

If known, is the violation accidental or intentional?

What type of act constitutes the violation? (Release, dumping, spill,
spraying, etc.)

Does the violation affect land, water, air, workers, or documents?

If known, is the violator an individual, company, or government/military
agency or department?

A description of the incident or hazard.

Directions to the site of the violation.

Checkbox attestation of awareness and understanding of the meaning and
significance of submitting a tips or complaint.

Optional photo upload tool. (To be added within the approval period).

Generally speaking, the items of information requested are not dictated
by environmental statute or regulation; instead, the information is
intended to make it possible to route the tip or complaint within EPA
(or to another, appropriate law enforcement agency) and to provide
inspectors and/or investigators the information that they need to
follow-up on the tip or complaint.  The sole exception is the checkbox
attestation at the end of the web form.  The items of knowledge to which
a tipper or complainant attests by checking this box are dictated by the
general false statements provision of the U.S. Criminal Code, 18 U.S.C.
§ 1001.  In the event that EPA prosecutes a tipper of complainant for
deliberately supplying false information on this web form, this
attestation is intended to frustrate a mistake-of-fact defense that the
tipper or complainant did not understand the nature and/or significance
of submitting a tip or complaint using this web form.

(ii) Respondent Activities

Tippers or complainants are generally expected to review the web form
and complete the form by answering the questions posed.  Those who
choose to do so may also review a general information web page on
reporting an environmental violation and/or a web page that describes
the EPA web privacy policy – the form provides links to these
documents.

Generally speaking, EPA expects tippers to be either a general member of
the public or an employee who believes that their employer has violated
an environmental law.  In either case, EPA expects that tippers or
complainants will come to the web form already in possession of all of
the information needed to submit a tip or complaint.  Even where the
form calls for information that a general member of the public may not
have (say, for example, the address of the suspected violator), the
instructions on the web form explain that the tipper or complainant may
simply enter “unknown” in the field provided for their response.

EPA expects that tippers or complainants who are an employee of the
company about which they are filing a tip or complaint will maintain, as
a matter of customary business practice, the name and address of the
suspected violator.  In all other cases, EPA has no basis to presume
that data items would be maintained as a matter of customary business
practice.

5.	The Information Collected – Agency Activities, Collection
Methodology, and Information Management

		5(a) 		Agency Activities

Many of the activities associated with this web form are either one-time
events that have already occurred or are ongoing agency activities that
are fully automated (such that they do not constitute an ongoing burden
or expense).  The only activities that are ongoing but not automated are
as follows:

Answer respondent questions

Review and distribute tips or complaints

		5(b) 		Collection Methodology and Management

The EPA tips and complaints web form was tested as a “pilot” at a
less prominent location on EPA’s website for a period of months.  Only
after this evaluation period did EPA provide a link to the web form on
its internet home page.

EPA does not check the quality of data entry by tippers or complainants.
 Of course, where a tip or complaints appears to warrant further
investigation, EPA conducts an investigation into the tip or complaint.
Only in this respect does EPA check data quality.

EPA does not employ special machines or processing technology in
evaluating tips or complaints.  The information supplied by the tipper
or complainant automatically populates a database that is regularly
reviewed by EPA personnel for matters that warrant investigation.  The
information stored in this database cannot be accessed by the public
and, within EPA, access to the database is limited by system
administrator to a small universe of people who are responsible for
reviewing the tips and complaints.

EPA has not eliminated more traditional means of collecting tips and
complaints; the tips and complaints web form simply adds an additional,
convenient method of providing a tip or complaint for those with
internet access.  EPA expects that this method of accepting tips or
complaints will reduce burden for many individuals.  As expected, the
prominence of the tips and complaint web form on our site, the ease with
which the form may be completed, and the relative anonymity that the
internet affords tippers or complainants has resulted in a significant
increase in the number of tips or complaints received.  The web form
also elicits specific items of information that allow EPA to efficiently
route tips or complaints within EPA to the appropriate office.  The
standardized format of the form also represents an advantage over tips
or complaints received by phone, where items of information needed to
evaluate a tip or complaints are more likely to be accidentally omitted.

		5(c) 		Small Entity Flexibility

The tips and complaints web form is an addition to, not a substitution
for, other methods of supplying tips or complaints to EPA; accordingly,
the form, itself, constitutes an increase in agency flexibility with
respect to small entities as well as anyone else who may wish to supply
a tip or complaint.

		5(d)		Collection Schedule

Individuals may submit a tip or complaint at any time. There is no
schedule associated with this collection.

6.	Estimation of the Burden and Cost of the Collection

		6(a),(b)	Annual Respondent Burden & Cost

EPA receives approximately 630 tips or complaints per month through the
existing webpage, for a total of approximately 7,560 responses per year.
 Reading instructions and completing the webform takes approximately a
half hour per response; accordingly, respondents collectively spend
approximately 3,780 hours per year providing tips or complaints through
the tips and complaints webform.  Assuming an average annual wage of
$19.88, the opportunity cost of these burden hours is approximately
$75,146 per year.  This information is summarized in the table shown
below.

Annual Respondent Burden & Cost

Information collection activity	Respondent hours per year	Labor
opportunity

cost per year	Capital/startup costs per year	O&M costs 	Number of
respondents	Total hours per year	Total cost per year

Reading instructions	2,520	  PRODUCT(left,19.88)    =PRODUCT(LEFT,19.88)
\# "#,##0"  50,098 	0	0	7,560	2,520

75,146

Completing form	1,260	  =PRODUCT(LEFT, 19.88) \# "#,##0"  25,049 	0	0
7,560	1,260

		6(c),(d)	Annual Agency Burden & Cost

EPA technical staff spends approximately 10 hours per month on system
maintenance and upkeep, for a total of 120 hours of technical work on
the system per year.  At an hourly wage of $24, system maintenance costs
EPA approximately $2,880 per year.

In 2010, EPA expects to add the option to upload photos to the webpage
and to design and deploy a mobile phone application that permits the
same information collected on the webpage to be submitted through a
web-enabled mobile phone.  These system enhancements, taken together,
are expected to cost $19,700 in 2010, or $6,567 per year when averaged
over the 3-year approval period.  No recurrent costs are expected
thereafter.

EPA receives very few queries from respondents; accordingly, EPA desk
officers spend barely a quarter of an hour answering respondent
questions per year.  They spend approximately 24 hours per month
reviewing tips and complaints received through the system.  At an hourly
wage of $39, these functions collectively cost EPA approximately $11,232
per year.  The total cost to the agency of operating the tips and
complaints webpage is approximately, $23,410.  This information is
summarized in the table shown below.

Annual Agency Burden & Cost

Information collection activity	Agent hours ($39/hour)	Technical hours

($24/hour)	Annual labor cost	Capital/startup costs per year	Total cost
per year

System maintenance	0	120	$2,880	$0	$2,880

System enhancements

$6,567	$6,567

Answer respondent questions	.25	0	$9.75	$0	$10

Review and distribute tips and complaints	288	0	$11,232	$0	$11,232

TOTAL	$  =SUM(ABOVE) \# "#,##0"  20,689

		6(e)	 	Bottom Line Burden & Cost Tables

The tables set forth above reflect bottom line estimates.

		6(f)			Reasons for Burden Change

There is an increase of 1980 hours in the total estimated respondent
burden compared with that identified in the ICR currently approved by
OMB. This increase reflects the fact that tips and complaints are being
filed at a higher rate than originally anticipated, a strong indication
of the success of this program.  There has been no change in the
information being reported or the estimated burden per respondent.

		6(g)		Burden Statement

ICR: Tips and Complaints Webpage Regarding Environmental Violations

OMB Control Number:  2020-0032

	Providing a tip or complaint to EPA is entirely voluntary and use of
the tips and complaints webpage to provide a tip or complaint is also
entirely a matter of tipper or complainant choice.  EPA estimates that
it will take tippers or complainants approximately ½ hour to provide a
tip or complaint using the tips and complaints webpage.  This estimate
includes time for reading the instructions, gathering required
information, and completing the webform.  There are no associated
record-keeping requirements and, accordingly, no associated
record-keeping burden.

Burden means the total time, effort, or financial resources expended by
persons to generate, maintain, retain, or disclose or provide
information to or for a Federal agency.  This includes the time needed
to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to comply
with any previously applicable instructions and requirements; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.  An agency may not
conduct or sponsor, and a person is not required to respond to, a
collection of information unless it displays a currently valid OMB
control number.  The OMB control numbers for EPA's regulations are
listed in 40 CFR Part 9 and 48 CFR Chapter 15.

To comment on the Agency's need for this information, the accuracy of
the provided burden estimates, and any suggested methods for minimizing
respondent burden, including the use of automated collection techniques,
EPA has established a public docket for this ICR under Docket ID Number
EPA-HQ-OECA-2009-0494, which is available for online viewing at
HYPERLINK "http://www.regulations.gov"  www.regulations.gov , or in
person viewing at the Enforcement and Compliance Docket and Information
Center in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301
Constitution Avenue, NW, Washington, D.C.  The EPA Docket Center Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday,
excluding legal holidays.  The telephone number for the Reading Room is
(202) 566-1744, and the telephone number for the Enforcement and
Compliance Docket and Information Center is<PHONE_NUMBER>.  An electronic
version of the public docket is available at www.regulations.gov.  This
site can be used to submit or view public comments, access the index
listing of the contents of the public docket, and to access those
documents in the public docket that are available electronically.  When
in the system, select “search,” then key in the Docket ID Number
identified above.  Also, you can send comments to the Office of
Information and Regulatory Affairs, Office of Management and Budget, 725
17th Street, NW, Washington, D.C. 20503, Attention: Desk Officer for
EPA.  Please include the EPA Docket ID Number EPA-HQ-OECA-2009-0494 and
OMB Control Number 2020-0032 in any correspondence.


[Federal Register Volume 76, Number 159 (Wednesday, August 17, 2011)]
[Notices]
[Pages 51026-51027]
[FR Doc No: 2011-20973]

-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

 [Project No. 2503-147--South Carolina and North Carolina Keowee-
Toxaway Hydroelectric Project]

Duke Energy Carolinas, LLC; Notice of Proposed Restricted Service
List for a Programmatic Agreement

    Rule 2010 of the Federal Energy Regulatory Commission's
(Commission's) Rules of Practice and Procedure, 18 CFR 385.2010,
provides that, to eliminate unnecessary expense or improve
administrative efficiency, the Secretary may establish a restricted
service list for a particular phase or issue in a proceeding. The
restricted service list should contain the names of persons on the
service list who, in the judgment of the decisional authority
establishing the list, are active participants with respect to the
phase or issue in the proceeding for which the list is established.
    The Commission staff is consulting with the South Carolina State
Historic Preservation Officer (SHPO), the North Carolina SHPO, and the
Advisory Council on Historic Preservation (Advisory Council) pursuant
to the Advisory Council's regulations, 36 CFR Part 800, implementing
section 106 of the National Historic Preservation Act, as amended, (16
U.S.C. section 470f), to prepare a Programmatic Agreement for managing
properties included in, or eligible for inclusion in, the National
Register of Historic Places at the existing Keowee-Toxaway
Hydroelectric Project.
    The Programmatic Agreement, when executed by the Commission, the
South Carolina SHPO, the North Carolina SHPO, and the Advisory Council,
would satisfy the Commission's section 106 responsibilities for all
individual undertakings carried out in accordance with the license
until the license expires or is terminated (36 CFR section 800.13(e)).
The Commission's responsibilities pursuant to section 106 for the
project would be fulfilled through the Programmatic Agreement, which
the Commission staff proposes to draft in consultation with certain
parties listed below.
    Duke Energy Carolinas, LLC, as licensee for Project No. 2503-147,
is invited to participate in consultations to develop the Programmatic
Agreement and to sign as a concurring party to the Programmatic
Agreement. For purposes of commenting on the Programmatic Agreement, we
propose to restrict the service list for Project No. 2503-147 as
follows:

------------------------------------------------------------------------

------------------------------------------------------------------------
John Fowler, Executive Director,   Jennifer Huff, Duke Energy Carolinas,
 Advisory Council on Historic       LLC, Mail Code EC12y, 526 South
 Preservation, The Old Post         Church Street, Charlotte, NC 28202-
 Office Building, Suite 803, 1100   1802.
 Pennsylvania Avenue, NW.,
 Washington, DC 20004.
Dr. Jodi Barnes, South Carolina    Brett A. Garrison, Duke Energy Lake
 Archives & History Center, 8301    Services--ONO2LM, 7800 Rochester
 Parklane Road, Columbia, SC        Highway, Seneca, SC 29672.
 29223-4905.
Rebekah Dobrasko, South Carolina   Tyler B. Howe, Eastern Band of
 Archives & History Center, 8301    Cherokee Indians, P.O. Box 455,
 Parklane Road, Columbia, SC        Cherokee, NC 28719.
 29223-4905.

Renee Gledhill-Earley, North       Russell Townsend, THPO, Eastern Band
 Carolina Department of Cultural    of Cherokee Indians, P.O. Box 455,
 Resources, 4617 Mail Service       Cherokee, NC 28719.
 Center, Raleigh, NC 27699-4610.
Dolores Hall, North Carolina       Wenonah G. Haire, DMD, THPO, Catawba
 Office of State Archaeology,       Indian Nation, 1536 Tom Stevens
 4619 Mail Service Center,          Road, Rock Hill, SC 29730.
 Raleigh, NC 27699-4619.
------------------------------------------------------------------------

    Any person on the official service list for the above-captioned
proceedings may request inclusion on the restricted service list, or
may request that a restricted service list not be established, by
filing a motion to that effect within 15 days of this notice date. An
original plus seven copies of any such motion must be filed with the
Secretary of the Commission (888 First Street, NE., Washington, DC
20426) and must be served on each person whose name appears on the
official service list. If no such motions are filed, the restricted
service list will be effective at the end of the 15 day period.
Otherwise, a further notice will be issued ruling on the motion.

    Dated: August 11, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-20973 Filed 8-16-11; 8:45 am]
BILLING CODE 6717-01-P