[Federal Register: May 14, 2010 (Volume 75, Number 93)]
[Notices]
[Page 27338]
[DOCID:fr14my10-70]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2589-057--Michigan]

Marquette Board of Light and Power; Notice of Availability of
Environmental Assessment

May 6, 2010.
    In accordance with the National Environmental Policy Act of 1969,
as amended, and the Federal Energy Regulatory Commission's (Commission)
regulations (18 CFR part 380), the Office of Energy Projects has
prepared an Environmental Assessment (EA) regarding Marquette Board of
Light and Power's plan to repair the Tourist Park Dam of the Marquette
Hydroelectric Project (FERC No. 2589) located on the Dead River in
Marquette County, Michigan. This EA concludes that the proposed repair,
with staff's recommended mitigation measures, would not constitute a
major Federal action significantly affecting the quality of the human
environment.
    A copy of the EA is on file with the Commission and is available
for public inspection. The EA may also 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 documents. For assistance, contact FERC Online Support
at<EMAIL_ADDRESS>or toll-free at 1-866-208-3676, or for
TTY,<PHONE_NUMBER>. You may also register online athttp://
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.
    Comments on the EA should be filed within 30 days from the issuance
date of this notice under docket No. P-2589-057. The Commission
strongly encourages electronic filings. See 18 CFR 385.2001(a)(1)(iii)
and the instructions on the Commission's Web site under the ``eFiling''
link. In lieu of electronic filings, comments should be addressed to
the Secretary, Federal Energy Regulatory Commission, 888 First Street,
NE., Room 1-A, Washington, DC 20426. For further information, contact
Rachel Price at<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-11525 Filed 5-13-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 221 (Tuesday, November 17, 2015)]
[Notices]
[Pages 71903-71906]
[FR Doc No: 2015-29213]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76414; File No. SR-Phlx-2015-92]

Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Establish
the Securities Trader and Securities Trader Principal Registration
Categories and To Retire Other Registration Categories

November 10, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on November 4, 2015, NASDAQ OMX PHLX LLC (``Phlx'' or ``Exchange'')
filed with the Securities and Exchange Commission (``SEC'' or
``Commission'') the proposed rule change as described in Items I, II,
and III, below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to establish the Securities Trader and
Securities Trader Principal registration categories and to retire the
Proprietary Trader and Proprietary Trader Principal registration
categories. Phlx will announce the effective date of the proposed rule
change in a Trader Alert. The Exchange is also amending its rules to
establish the Series 57 examination as the appropriate qualification
examination for Securities Traders and deleting the rule referring to
the S501 continuing education program currently applicable to
Proprietary Traders.
    The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaqomxphlx.cchwallstreet.com/, at the principal
office of the Exchange, and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange is proposing to replace the Proprietary Trader
registration category and Proprietary Trader qualification examination
(Series 56) with the Securities Trader Registration Category and the
Securities Trader qualification examination (Series 57) in its
registration rules relating to securities trading activity. It is also
proposing to replace the Proprietary Trader Principal registration
category with the Securities Trader Principal registration category.
This filing is, in all material respects, based upon SR-FINRA-2015-017,
which was recently approved by the Commission.\3\
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    \3\ See Securities Exchange Act Release No. 75783 (August 28,
2015), 80 FR 53369 (September 3, 2015) (approving SR-FINRA-2015-017)
referred to herein as the ``FINRA Amendments''. According to the
approval order, FINRA's expected effective date for the FINRA
Amendments is January 4, 2016.
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I. Phlx's Securities Trader Registration Category
    Currently, under Exchange Rule 613, except members whose activities
are limited to the Exchange's options trading floor and who are
registered pursuant to Rule 620(a) \4\ as well as associated persons
whose activities are limited to the Exchange's options trading floor
and are registered pursuant to Rule 620(b) \5\, all persons engaged or
to be engaged in the investment banking or securities business of a
member organization who are to function as representatives \6\ must
register as such with the Exchange through WebCRD under PHLX in the
category of registration appropriate to the function to be performed as
specified in Rule 613(e). Rule 613(e) provides that individuals
required to register with the Exchange as a General Securities
Representative must pass the Series 7 examination before such
registration may become effective.
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    \4\ Pursuant to Exchange Rule 620(a), each Floor Broker,
Specialist and Registered Options Trader on the Exchange trading
floor must be registered as ``Member Exchange'' (``ME'') under
``PHLX'' on Form U4, pursuant to Rule 616. In addition, each Floor
Broker, Specialist and Registered Options Trader must successfully
complete the appropriate floor trading examination(s), if prescribed
by the Exchange, in addition to requirements imposed by other
Exchange Rules. The Exchange may also require periodic examinations
due to changes in trading rules, products or automated systems. The
registration rule changes proposed herein will not apply to the
trading floor entities covered by Rule 620(a).
    \5\ Pursuant to Exchange Rule 620(b), all trading floor
personnel, including clerks, interns, stock execution clerks and any
other associated persons, of a member organization not required to
register pursuant to Rule 620(a) must be registered as [sic] ``Floor
Employee'' (``FE'') under ``PHLX'' on Form U4, pursuant to Rule 616.
The Exchange may require successful completion by such persons of an
examination, in addition to requirements imposed by other Exchange
Rules. The Exchange may also require periodic examinations of such
persons due to changes in trading rules, products or automated
systems. The registration rule changes proposed herein will not
apply to the trading floor personnel covered by Rule 620(b).
    \6\ Exchange Rule 1(cc) defines ``representative'' as a member
or an associated person of a registered broker or dealer, including
assistant officers other than principals, who is engaged in the
investment banking or securities business for the member
organization including the functions of supervision, solicitation or
conduct of business in securities or who is engaged in the training
of persons associated with a broker or dealer for any of these
functions. The rule also states that, to the extent required by the
provisions of Rule 613, all representatives are required to be
registered with the Exchange.
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    In 2012, the Exchange adopted the Proprietary Trader registration
category as an alternative to the General Securities Representative
registration category.\7\ The Proprietary Trader registration category
is an available alternative to General Securities Representative
registration for members and persons associated with member
organizations who are engaged solely in proprietary trading, market
making or effecting transactions on behalf of a broker-dealer account.
Individuals registering in the Proprietary Trader registration category
must pass the Series 56 examination and are not required to pass the
Series 7 examination. Individuals who qualify for registration as
Proprietary Traders are not required to do so if they register as
General Securities Representatives.
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    \7\ See Securities Exchange Act Release No. 66840 (April 20,
2012), 77 FR 25003 (April 26, 2012) (SR-Phlx-2012-23).
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    The Exchange now proposes to amend Rule 613(f) by deleting the
Proprietary Trader registration category and replacing it with a new
requirement that each person associated with a member who is included
within the definition of a representative as defined in Rule 1(cc) must
register with the Exchange as a Securities Trader if, with respect to
transactions in equity, preferred or convertible debt securities, or
foreign currency options on the Exchange, such person is engaged in
proprietary trading, the execution of transactions on an agency basis,
or the direct supervision of such activities, other than any person
associated with a member whose trading activities are conducted
principally on behalf of an investment company that is registered with
the Commission pursuant to the Investment Company Act of 1940 and that
controls, is controlled by or is under common control, with the member
(an ``investment company firm''). The proposed language requires
applicants to pass an appropriate Qualification Examination for
Securities Trader (the Series 57 examination) before registering in the
new Securities Trader category. It also provides that a person
registered as a Securities Trader shall not be qualified to function in
any other registration category, unless he or she is also qualified and
registered in such other registration category.
    A reference to paragraph (f) is being added to Rule 613(a) to make
clear that representatives who are required to register shall register
in the category of registration appropriate to the function to be
performed as specified in paragraph (e) or (f). Additionally, the
Exchange is deleting from Rule 613(a) the general requirement that
before a representative's registration may become effective, they [sic]
shall pass the Series 7 examination. The Series 7 requirement continues
to apply to candidates for General Securities Representative
registration, however, pursuant to Rule 613(e). Proposed paragraph (f)
provides that candidates for Securities Trader registration must pass
the Series 57 examination. They will not, however, be required to pass
the Series 7 in order to register as Securities Traders.
    A person registered as a Proprietary Trader in the Central
Registration Depository (CRD[supreg]) system on the effective date of
the proposed rule change will be grandfathered as a Securities Trader
without having to take any additional examinations and without having
to take any other actions. In addition, individuals who were registered
as a Proprietary Trader in the CRD system prior to the effective date
of the proposed rule change will be eligible to register as Securities
Traders without having to take any additional examinations, provided
that no more than two years have passed between the date they were last
registered as a

representative and the date they register as a Securities Trader.
    Persons registered in the new category would be subject to the
continuing education requirements of Rule 640. The Exchange proposes to
amend Rule 640 by removing the option for Series 56 registered persons
to participate in the S501 Series 56 Proprietary Trader continuing
education program in order to satisfy the Regulatory Element. The S501
Series 56 Proprietary Trader continuing education program is being
phased out along with the Series 56 Proprietary Trader qualification
examination. As a result, effective January 4, 2016, the S501 Series 56
Proprietary Trader continuing education program for Series 56
registered persons will cease to exist. In place of the S501 Series 56
Proprietary Trader continuing education program for Series 56
registered persons, the Exchange proposes that Series 57 registered
persons be permitted to enroll in the S101 General Program for Series 7
and all other registered persons.\8\
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    \8\ The Commission notes that amended Rule 640(a)(1) would
require Series 57 registered persons to take the S101 General
Program. See Rule 640(a)(1).
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II. Securities Trader Principal Registration Category
    Currently, under Rule 612(a), each member and person associated
with a member organization to which Rule 611 \9\ applies and who is
included within the definition of Principal in Rule 611, and each
person designated as a Chief Compliance Officer on Schedule A of Form
BD of a member organization to which Rule 611 applies, must register
with the Exchange as a General Securities Principal and pass the Series
24 examination before such registration may become effective, unless
such person's activities are so limited as to qualify such person for
one or more of the limited categories of Principal registration
specified in the rule. In 2012, the Exchange adopted, as a corollary to
the Proprietary Trader representative registration category, a new Rule
612(e) Proprietary Trader Principal registration category. Under Rule
612(e), individuals required to register as Principal may register with
the Exchange as a [sic] Proprietary Trader Principal if (A) his or her
supervisory responsibilities in the investment banking and securities
business are limited to the activities of a member organization that
involve proprietary trading, market making and effecting transactions
on behalf of broker-dealers; (B) he or she is registered pursuant to
Exchange Rules as a Proprietary Trader; and (C) he or she is qualified
to be so registered by passing the Series 24 examination. A person
registered in the Proprietary Trader Principal category solely on the
basis of having passed the Series 24 examination for that category may
not function in a Principal capacity with responsibility over any area
of business activity other than proprietary trading, market making and
effecting transactions on behalf of broker-dealers as set forth in Rule
612(e)(i)(A).
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    \9\ Rule 611 provides that all persons engaged or to be engaged
in the investment banking or securities business of a member
organization who are to function as Principals shall be registered
as such with the Exchange through WebCRD in the category of
registration appropriate to the function to be performed as
specified in the rule. It also defines ``Principal'' as including
sole proprietors, officers, partners, managers of offices of
supervisory jurisdiction, and corporate directors, in each case
associated with a member organization who are actively engaged in
the management of the member organization's investment banking or
securities business, including supervision, solicitation, conduct of
business or the training of persons associated with a member
organization for any of these functions.
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    In consultation with FINRA and other exchanges, the Exchange is now
proposing to retire the Proprietary Trader Principal category.
Accordingly, it is deleting Rule 612(e) in its entirety. In its place,
the Exchange is adopting proposed Rule 612(e), which adds a new
Securities Trader Principal registration category. Under the proposed
rule each person associated with a member who is included within the
definition of principal in Rule 611(b) and who will have supervisory
responsibility over the securities trading activities described in Rule
613(f) must become qualified and registered as a Securities Trader
Principal. The proposed rule change should allow Phlx to more easily
track principals with supervisory responsibility over securities
trading activities.
    To qualify for registration as a Securities Trader Principal, a
candidate would first be required to qualify and register as a
Securities Trader under Rule 613(f) and pass the General Securities
Principal qualification examination. A person who is qualified and
registered as a Securities Trader Principal under the proposed rule
would only have supervisory responsibility over the securities trading
activities specified in Rule 613(f), unless such person were separately
qualified and registered in another appropriate principal registration
category, such as the General Securities Principal registration
category. Finally, a registered General Securities Principal would not
be qualified to supervise the securities trading activities described
in Rule 613(f), unless such person also qualified and registered as a
Securities Trader under Rule 613(f) by passing the Securities Trader
qualification examination and registering as a Securities Trader
Principal.
    A person registered as a Proprietary Trader Principal or as a
Limited Principal-Registered Options Principal (``Limited Options
Principal'') \10\ in the CRD system on the effective date of the
proposed rule change will be eligible to register as a Securities
Trader Principal without having to take any additional examinations. An
individual who was registered as a Proprietary Trader Principal in the
CRD system prior to the effective date of the proposed rule change will
also be eligible to register as a Securities Trader Principal without
having to take any additional examinations, provided that no more than
two years have passed between the date they [sic] were last registered
as a principal and the date they [sic] register as a Securities Trader
Principal. Members, however, will be required to affirmatively register
persons transitioning to the proposed registration category as
Securities Trader Principals on or after the effective date of the
proposed rule change.
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    \10\ Currently, under Rule 612(d), a Principal may register with
the Exchange as a Limited Principal--Registered Options Principal
(``Limited Options Principal'') if (A) his or her supervisory
responsibilities in the investment banking and securities business
are limited exclusively to the options activities of a member
organization, (B) he or she is registered pursuant to Exchange Rules
as a General Securities Representative, and (C) he or she is
qualified to be so registered by passing the Series 4 examination. A
person registered in the Limited Options Principal category solely
on the basis of having passed the Series 4 examination for Limited
Principal--Registered Options Principal may not function in a
Principal capacity with responsibility over any area of business
activity other than the options activities of a member organization.
The Exchange proposes to permit Limited Options Principals who are
functioning in a principal capacity at a member organization for
which the Exchange is the designated examining authority on the
effective date of this proposed rule change to register as
Securities Trader Principals without having to take any additional
examinations in order to minimize disruption to firms when the
Securities Trader registration category becomes effective. The
Exchange will waive the Series 24 examination requirement for these
individuals so that they may be registered as Securities Trader
Principals.
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \11\ in general, and furthers the objectives of Section
6(b)(5) of the Act \12\ in particular, in that it is designed to
promote just and equitable principles of trade, to remove impediments
to and perfect the mechanism of a free and open market and a national
market

system, and, in general to protect investors and the public interest.
The Exchange believes that the requirements of the Securities Trader
and Securities Trader Principal registration categories, as well as the
new Securities Trader qualification examination, should help ensure
that proprietary traders and the principals who supervise proprietary
traders and proprietary trading are, and will continue to be, properly
trained and qualified to perform their functions which should protect
investors and the public interest.
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    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. Implementation of the proposed
changes to Phlx's registration rules in coordination with the FINRA
Amendments does not present any competitive issues, but rather is
designed to provide less burdensome and more efficient regulatory
compliance for members and enhance the ability of the Exchange to
fairly and efficiently regulate members, which will further enhance
competition. Additionally, the proposed rule change should not affect
intramarket competition because all similarly situated representatives
and principals will be required to complete the same qualification
examinations and maintain the same registrations. Finally, the proposed
rule change does not impose any additional examination burdens on
persons who are already registered. There is no obligation to take the
proposed Series 57 examination in order to continue in their present
duties, so the proposed rule change is not expected to disadvantage
current registered persons relative to new entrants in this regard.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    No written comments were either solicited or received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \13\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\14\
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    \13\ 15 U.S.C. 78s(b)(3)(a)(iii).
    \14\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-Phlx-2015-92 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-Phlx-2015-92. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml).
    Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for Web site viewing and printing in
the Commission's Public Reference Room, 100 F Street NE., Washington,
DC 20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change; the Commission does not edit
personal identifying information from submissions. You should submit
only information that you wish to make available publicly.
    All submissions should refer to File Number SR-Phlx-2015-92 and
should be submitted on or before December 8, 2015.
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    \15\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-29213 Filed 11-16-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 199 (Tuesday, October 17, 2023)]
[Rules and Regulations]
[Pages 71481-71483]
[FR Doc No: 2023-22884]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2023-0593]
RIN 1625-AA08

Special Local Regulation; Lake Havasu, Lake Havasu City, AZ

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a special local regulation in
the navigable waters of the Bridgewater

Channel, Lake Havasu, AZ during the 12th Annual Bridgewater Channel
Cleanup marine event. This regulation is necessary to provide for the
safety of the participants, crew, supporting vessels, and general users
of the waterway during the event, which will be held on October 21,
2023. This special local regulation will temporarily prohibit persons
and vessels from entering into, transiting through, anchoring,
blocking, or loitering within the event area unless authorized by the
Captain of the Port San Diego or a designated representative.

DATES: This rule is effective from 7 a.m. through 11 a.m. on October
21, 2023.

FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call or email Lieutenant Junior Grade Shelley Turner, Waterways
Management, U.S. Coast Guard Sector San Diego, CA; telephone (619) 278-
7656, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because we must establish this special local
regulation by October 21, 2023. The Coast Guard did not receive final
details regarding this event until September 7, 2023. Therefore, it is
impracticable to publish an NPRM because we lack sufficient time to
provide a reasonable comment period and then consider those comments
before issuing the rule. This regulation is necessary to ensure the
safety of life on the navigable waters of Lake Havasu during the marine
event.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be contrary to public interest because action is needed
to ensure the safety of life on the navigable waters of Lake Havasu
during the marine event on October 21, 2023.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Sector San Diego (COTP) has determined
that the presence of divers associated with the 12th Annual Bridgewater
Channel Underwater Cleanup marine event on October 21, 2023 poses a
potential safety concern in the regulated area. This rule is needed to
protect persons, vessels, and the marine environment in the navigable
waters of Lake Havasu during the marine event.

IV. Discussion of the Rule

    This rule establishes a special local regulation from 7 a.m. to 11
a.m. on October 21, 2023. This special local regulation will cover all
navigable waters, from surface to bottom in the Bridgewater Channel,
Lake Havasu, AZ, starting at the London Bridge, proceeding south
through the channel, and concluding at the southern entrance of the
channel. The duration of the temporary special local regulation is
intended to ensure the safety of participants, vessels, and the marine
environment in these navigable waters during the scheduled marine
event. No vessel or person will be permitted to enter the regulated
area without obtaining permission from the COTP or a designated
representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
    This regulatory action determination is based on the size,
location, duration, and time-of-day of the regulated area. The affected
portion of the navigable waterway in Lake Havasu will be of very
limited duration and is necessary for safety of life of participants in
the marine event. Moreover, the Coast Guard will issue a Local Notice
to Mariners about the regulated area.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have Tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian Tribes, on the relationship between the Federal
Government and Indian Tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian Tribes.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or Tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
special local regulation lasting only 4 hours that will prohibit entry
to a specific portion of the Bridgewater Channel in Lake Havasu, AZ. It
is categorically excluded from further review under paragraph L61 of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.

List of Subjects in 33 CFR Part 100

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.

0
2. Add Sec.  100.T11-134 to read as follows:

Sec.  100.T11-134  12th Annual Bridgewater Channel Underwater Cleanup,
Lake Havasu, Arizona.

    (a) Regulated area. The regulations in this section apply to the
following area: All navigable waters, from surface to bottom, of the
Bridgewater Channel in Lake Havasu, AZ, starting at the London Bridge,
proceeding south through the channel, and concluding at the southern
entrance of the channel.
    (b) Definitions. As used in this section--
    Designated representative means a Coast Guard Patrol Commander,
including a Coast Guard coxswain, petty officer, or other officer
operating a Coast Guard vessel and a Federal, State, and local officer
designated by or assisting the Captain of the Port San Diego (COTP) in
the enforcement of the regulations in this section.
    Participant means all persons and vessels registered with the event
sponsor as a participant in the race.
    (c) Regulations. All non-participants are prohibited from entering,
transiting through, anchoring in, or remaining within the regulated
area described in paragraph (a) of this section unless authorized by
the Captain of the Port San Diego or their designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's
representative. They may be contacted by telephone at<PHONE_NUMBER>.
Those in the regulated area must comply with all lawful orders or
directions given to them by the COTP or the designated representative.
    (3) The COTP will provide notice of the regulated area through
advanced notice via Local Notice to Mariners.
    (d) Enforcement period. This section will be enforced from 7 a.m.
to 11 a.m. on October 21, 2023.

    Dated: October 10, 2023.
J.W. Spitler,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2023-22884 Filed 10-16-23; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 76, Number 187 (Tuesday, September 27, 2011)]
[Notices]
[Pages 59769-59770]
[FR Doc No: 2011-24686]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2011-0157; Notice No. 11-6]

Clarification on the Division 1.1 Fireworks Approvals Policy

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: Clarification.

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

SUMMARY: In this document, PHMSA is seeking comment on its intent to
clarify its fireworks approvals policy whereby the Office of Hazardous
Materials Safety (OHMS), Approvals and Permits Division will accept
only those classification approval applications for Division 1.1
fireworks that have been examined and assigned a recommended shipping
description, division and compatibility group by a DOT-approved
explosives test laboratory, or that have been issued an approval for
the explosive by the competent authority of a foreign government
acknowledged by PHMSA's Associate Administrator. If the Associate
Administrator finds the approval request meets the regulatory criteria,
the new explosive will be approved in writing and assigned an EX
number.

DATES: Comments Due Date: October 27, 2011.

ADDRESSES: You may submit comments by identification of the docket
number (PHMSA-2011-0157 (Notice No. 11-6)) by any of the following
methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Fax: 1-202-493-2251.
     Mail: Docket Operations, U.S. Department of
Transportation, West Building, Ground Floor, Room W12-140, Routing
Symbol M-30, 1200 New Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: To Docket Operations, Room W12-140 on the
ground floor of the West Building, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
    Instructions: All submissions must include the agency name and
docket number for this notice at the beginning of the comment. All
comments received will be posted without change to the Federal Docket
Management System (FDMS), including any personal information.

    Docket: For access to the dockets to read background documents or
comments received, go to http://www.regulations.gov or DOT's Docket
Operations Office (see ADDRESSES).

FOR FURTHER INFORMATION CONTACT: Mr. Ryan Paquet, Director, Approvals
and Permits Division, Office of Hazardous Materials Safety, (202) 366-
4512, PHMSA, 1200 New Jersey Avenue, SE., Washington, DC 20590.

Background

    The Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180)
require that Division 1.1 fireworks must be examined by a DOT-approved
explosives test laboratory and assigned a recommended shipping
description, division, and compatibility group in accordance with Sec.
173.56(b). The tests provided for the classification of Division 1.1
fireworks specified in Sec. Sec.  173.57 and 173.58 describe the
procedures used to determine the acceptance criteria and assignment of
class and division for all new explosives.
    The HMR also permit Division 1.1 firework devices that have been
approved by the competent authority of a foreign government that
PHMSA's Associate Administrator has acknowledged in writing as
acceptable in accordance with 49 CFR Sec.  173.56(g).
    According to Sec.  173.56(j), manufacturers of Division 1.3 and 1.4
fireworks or their designated U.S. agents may apply for an EX
classification approval without prior examination by a DOT-approved
explosives test laboratory if the firework device is manufactured in
accordance with APA Standard 87-1 (IBR, see Sec.  171.7), and the
device passes the thermal stability test. Additionally, the applicant
must certify that the firework device conforms to the APA Standard 87-1
and that the descriptions and technical information contained in the
application are complete and accurate. PHMSA has in the past, on a
case-by-case basis, approved some Division 1.1G fireworks without
requiring testing by a DOT-approved explosives examination laboratory.
However, we evaluate each EX approval application independently and
have also required Division 1.1G fireworks to undergo examination
testing by a DOT-approved explosive examination lab prior to issuing
the EX approval.
    While APA Standard 87-1 references two instances where Division 1.1
fireworks may be approved under the standard, it does not call for the
level of testing required in the HMR, nor does it provide testing and
criteria to determine when a firework ceases to be a Division 1.1 and
becomes forbidden for transport.
    We are clarifying our policy that all Division 1.1 fireworks must
undergo examination by a DOT-approved explosives examination
laboratory. However, if a fireworks device is classed and approved as a
Division 1.1 firework, the UN Test Method 6 is not required. Rather,
the testing will be limited to UN Test Method 4a(i) and 4b(ii), as is
already specified in Sec.  173.57(b). The examination laboratory may
request additional information if necessary to make their
classification recommendation. Additionally, we allow the laboratory to
make a classification recommendation for Division 1.1 fireworks based
on analogy.
    PHMSA believes that by adhering to the requirements of the HMR and
issuing Division 1.1 fireworks approvals only after a DOT-approved
explosive laboratory has examined and recommended a classification, or
an approval has been issued by a competent authority of a foreign
government acknowledged by PHMSA's Associate Administrator, we are
ensuring that fireworks transported in commerce meet the established
criteria for their assigned classification, thereby minimizing the
potential of the shipment of incorrectly classified or forbidden
fireworks.
    For these safety reasons, PHMSA is seeking comment on its
clarification of its fireworks approvals policy whereby PHMSA will
accept and issue only those classification approval applications for
Division 1.1 fireworks that have been examined and assigned a
recommended shipping description, division, and compatibility group by
a DOT-approved explosives test laboratory in accordance with 49 CFR
173.56(b), or has been approved by the competent authority of a foreign
government that PHMSA's Associate Administrator has acknowledged in
writing as acceptable in accordance with 49 CFR 173.56(g).

    Issued in Washington, DC on September 21, 2011.
Magdy El-Sibaie,
Associate Administrator for Hazardous Materials Safety, Pipeline and
Hazardous Materials Safety Administration.
[FR Doc. 2011-24686 Filed 9-26-11; 8:45 am]
BILLING CODE 4910-60-P


[Federal Register Volume 82, Number 177 (Thursday, September 14, 2017)]
[Rules and Regulations]
[Pages 43185-43192]
[FR Doc No: 2017-18874]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 271 and 272

[EPA-R06-2016-0680; FRL-9966-55-Region 6]

Arkansas: Final Authorization of State-Initiated Changes and
Incorporation by Reference of Approved State Hazardous Waste Management
Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: During a review of Arkansas' regulations, the Environmental
Protection Agency (EPA) identified State-initiated changes to its
hazardous waste program under the Resource Conservation and Recovery
Act (RCRA). We have determined that these changes are minor and satisfy
all requirements needed to qualify for final authorization and are
authorizing the State-initiated changes through this direct final
action.

DATES: This regulation is effective November 13, 2017, unless the EPA
receives adverse written comment on this regulation by the close of
business October 16, 2017. If the EPA receives such comments, it will
publish a timely withdrawal of this direct final rule in the Federal
Register informing the public that this rule will not take effect. The
Director of the Federal Register approves the incorporation by
reference of certain publications listed in the rule as of November 13,
2017 in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
RCRA-2016-0680 by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the on-line instructions for submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Mail: Alima Patterson, Region 6, Regional Authorization
Coordinator, RCRA Permit Section (RPM), Multimedia Division, EPA Region
6, 1445 Ross Avenue, Dallas, Texas 75202-2733.
    4. Hand Delivery or Courier: Deliver your comments to Alima
Patterson, Region 6, Regional Authorization Coordinator, RCRA Permit
Section (RPM), Multimedia Division, EPA Region 6, 1445 Ross Avenue,
Dallas, Texas 75202-2733.
    Instructions: Direct your comments to Docket ID No. EPA-R06-RCRA-
2016-0680. EPA's policy is that all comments received will be included
in the public docket without change and may be available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be Confidential Business Information (CBI) or otherwise
protected through http://www.regulations.gov or email. The Federal
http://www.regulations.gov Web site is an ``anonymous access'' system,
which means the EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
comment directly to the EPA without going through http://www.regulations.gov, your email address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, the EPA recommends that you include your name and other
contact information in the body of your comment and with any disk or
CD-ROM you submit. If the EPA cannot read your comment due to technical
difficulties, and cannot contact you for clarification, the EPA may not
be able to consider your comment. Electronic files should avoid the use
of special characters, any form of encryption, and be free of any
defects or viruses.
    You can view and copy the documents that form the basis for this
authorization and codification and associated publicly available
materials from 8:30 a.m. to 4:00 p.m. Monday through Friday at the
following location: EPA Region 6, 1445 Ross Avenue, Dallas, Texas
75202-2733, Phone number<PHONE_NUMBER>. Interested persons wanting to
examine these documents should make an appointment with the office at
least two weeks in advance.

FOR FURTHER INFORMATION CONTACT: Alima Patterson, EPA Region 6 Regional
Authorization Coordinator, RCRA Permit Section (RPM), Multimedia
Division, EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733,
Phone number:<PHONE_NUMBER> Email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Introduction

    The Solid Waste Disposal Act, as amended, commonly referred to as
the Resource Conservation and Recovery Act (RCRA), allows the EPA to
authorize States to operate their hazardous waste management programs
in lieu of the Federal program. The EPA uses the regulations entitled
``Approved State Hazardous Waste Management Programs'' to provide
notice of the authorization status of State programs and to incorporate
by reference those provisions of the State statutes and regulations
that will be subject to the EPA's inspection and enforcement. This rule
also codifies in the regulations the prior approval of Arkansas'
hazardous waste management program and incorporates by reference
authorized provisions of the State's statutes and regulations.
    The EPA is publishing this rule to authorize the State-initiated
changes and incorporate by reference the State's hazardous waste
program without a prior proposal because we believe these actions are
not controversial and do not expect comments that oppose them. Unless
we receive written comments which oppose the authorization in this
codification document during the comment period, the decision to
authorize Arkansas' State-initiated changes to its hazardous waste
program will take effect. If we receive comments that oppose the
authorization, we will publish a document in the Federal Register
withdrawing this rule before it takes effect, and a separate document
in the proposed rules section of this Federal Register will serve as a
proposal to authorize the State-initiated changes.

II. Authorization of State-Initiated Changes

A. Why are revisions to State programs necessary?

    States which 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 hazardous waste program. As the Federal
program changes, the States must change their programs and ask the EPA
to authorize the changes. Changes to State hazardous waste 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. States can also initiate their own changes to their
hazardous waste program and these changes must then be authorized.

B. What decisions have we made in this rule?

    We conclude that Arkansas' revisions to its authorized program meet
all of the

statutory and regulatory requirements established by RCRA. We found
that the State-initiated changes make Arkansas' rules more clear or
conform more closely to the Federal equivalents and are so minor in
nature that a formal application is unnecessary. Therefore, we grant
Arkansas final authorization to operate its hazardous waste program
with the changes described in the table at Section G below. Arkansas
has responsibility for permitting Treatment, Storage, and Disposal
Facilities (TSDFs) within its borders (except in Indian Country) and
for carrying out all authorized aspects of the RCRA program, subject to
the limitations of the Hazardous and Solid Waste Amendments of 1984
(HSWA). New Federal requirements and prohibitions imposed by Federal
regulations that EPA promulgates under the authority of HSWA take
effect in authorized States before they are authorized for the
requirements. Thus, the EPA will implement those requirements and
prohibitions in Arkansas, including issuing permits, until the State is
granted authorization to do so.

C. What is the effect of this authorization decision?

    The effect of this decision is that a facility in Arkansas subject
to RCRA will now have to comply with the authorized State requirements
instead of the equivalent Federal requirements in order to comply with
RCRA. Arkansas has enforcement responsibilities under its State
hazardous waste program for violations of such program, but the EPA
retains its authority under RCRA sections 3007, 3008, 3013, and 7003,
which include, among others, authority to:
     Do inspections and require monitoring, tests, analyses, or
reports;
     Enforce RCRA 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 statutes and regulations for which
Arkansas is being authorized by this direct final action are already
effective and are not changed by this action.

D. Why wasn't there a proposed rule before this rule?

    The EPA did not publish a proposal before this rule because we view
this as a routine program change and do not expect comments that oppose
this approval. We are providing an opportunity for public comment now.
In addition to this rule, in the Proposed Rules section of this Federal
Register we are publishing a separate document that proposes to
authorize the State program changes.

E. What happens if EPA receives comments opposing this action?

    If the EPA receives comments that oppose the authorization of the
State-initiated changes in this codification document, we will withdraw
this rule by publishing a timely document in the Federal Register
before the rule 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 Federal Register document. You may not have
another opportunity to comment, therefore, if you want to comment on
this authorization, you must do so at this time. If we receive comments
that oppose only the authorization of a particular change to the State
hazardous waste program, we may withdraw only that part of this rule,
but the authorization of the program changes that the comments do not
oppose will become effective on the date specified above. The Federal
Register withdrawal document will specify which part of the
authorization of the State program will become effective and which part
is being withdrawn.
    In addition to the authorization of the rules described above in
this document, the purpose of this Federal Register document is to
codify Arkansas' base hazardous waste management program and its
revisions to that program. The EPA has already provided notices and
opportunity for comments on the Agency's decisions to codify the
Arkansas program, and the EPA is not now reopening the decisions, nor
requesting comments, on the Arkansas authorization as published in the
Federal Register documents in Section I.F. of this preamble.

F. For what has Arkansas previously been authorized?

    Arkansas initially received final authorization on January 11,
1985, effective January 25, 1985 (50 FR 1513), to implement its Base
Hazardous Waste Management program. We granted authorization for
changes to their program on August 23, 1985, via EPA letter, effective
August 23, 1985; March 27, 1990 (55 FR 11192), effective May 29, 1990;
September 18, 1991 (56 FR 47153), effective November 18, 1991; October
5, 1992 (57 FR 45721), effective December 4, 1992; October 12, 1993 (58
FR 52674), effective December 13, 1993; October 7, 1994 (59 FR 51115),
effective December 21, 1994; June 20, 1995 (60 FR 32112), effective
August 21, 1995; April 24, 2002 (67 FR 20038), effective June 24, 2002,
as amended June 28, 2010 (75 FR 36538); August 15, 2007 (72 FR 45663),
effective October 15, 2007, as amended June 28, 2010 (75 FR 36538);
June 28, 2010 (75 FR 36538), effective August 27, 2010; August 10, 2012
(77 FR 47779), effective October 9, 2012; October 2, 2014 (79 FR
59438), effective December 1, 2014; October 31, 2014 (79 FR 64678),
effective December 30, 2014; January 29, 2016 (81 FR 4961), effective
March 29, 2016; and August 11, 2016. (81 FR 53025), effective October
11, 2016.

G. What changes are we authorizing with this action?

    The State has made amendments to the provisions listed in the table
which follows. These amendments clarify the State's regulations and
make the State's regulations more internally consistent. The State's
laws and regulations, as amended by these provisions, provide authority
which remains equivalent to and no less stringent than, and not broader
in scope than the Federal laws and regulations. These State-initiated
changes satisfy the requirements of 40 CFR 271.21(a). We are granting
Arkansas final authorization to carry out the following provisions of
the State's program in lieu of the Federal program. These provisions
are analogous to the indicated RCRA regulations found at 40 CFR as of
July 1, 2014. The Arkansas provisions are from the Arkansas Pollution
Control and Ecology (APC&E) Commission Regulation No. 23, Hazardous
Waste Management, adopted on September 25, 2015, effective October 18,
2015.

------------------------------------------------------------------------
State requirement (APC&E Regulation No.   Analogous Federal requirement
                  23)                                (40 CFR)
------------------------------------------------------------------------
262.13(f)..............................  No direct Federal analog; 262
                                          related.
262.26(a)..............................  No direct Federal analog; 262
                                          related.

262.26(b)..............................  No direct Federal analog;
                                          related to 262 and 263.30.
262.26(c)..............................  No direct Federal analog; 262
                                          related.
262.26(e)..............................  No direct Federal analog; 262
                                          related.
262.26(f)..............................  No direct Federal analog; 262
                                          related.
262.26(g)..............................  No direct Federal analog;
                                          related to 262, Subpart E,
                                          263.20(g)(4), 264.12(a), and
                                          265.55.
262.32(b)..............................  262.32(b).
262.34(j)..............................  262.34(m).
262.35(a)(2)...........................  261.5 related.
262.41 introductory paragraph-(d) and    262.41(a) intro.-(a)(4) and
 (g)-(i).                                 (a)(6)-(a)(8).
262.54(c)..............................  262.54(c).
262, Appendix I........................  262, Appendix I.
264.75(g)-(j)..........................  264.75(g)-(j).
264.316(b).............................  264.316(b).
264.552(a)(3)(ii)-(iv).................  264.552(a)(3)(ii)-(iv).
265.75(g)-(j)..........................  265.75(g)-(j).
265.147(a)(1)(i) & (ii)................  265.147(a)(1)(i) & (ii).
265.316(b).............................  265.316(b).
------------------------------------------------------------------------

H. Who handles permits after the authorization takes effect?

    This authorization does not affect the status of State permits and
those permits issued by the EPA because no new substantive requirements
are a part of these revisions.

I. How does this action affect Indian Country (18 U.S.C. 1151) in
Arkansas?

    Arkansas is not authorized to carry out its Hazardous Waste Program
in Indian Country within the State. This authority remains with EPA.
Therefore, this action has no effect in Indian Country.

III. Incorporation by Reference

A. What is codification?

    Codification is the process of placing a State's statutes and
regulations that comprise the State's authorized hazardous waste
management program into the CFR. Section 3006(b) of RCRA, as amended,
allows the EPA to authorize State hazardous waste management programs
to operate in lieu of the Federal hazardous waste management regulatory
program. The EPA codifies its authorization of State programs in 40 CFR
part 272 and incorporates by reference State statutes and regulations
that the EPA will enforce under sections 3007 and 3008 of RCRA and any
other applicable statutory provisions.
    The incorporation by reference of State authorized programs in the
CFR should substantially enhance the public's ability to discern the
current status of the authorized State program and State requirements
that can be Federally enforced. This effort provides clear notice to
the public of the scope of the authorized program in each State.

B. What is the history of codification of Arkansas' hazardous waste
management program?

    The EPA incorporated by reference Arkansas' then authorized
hazardous waste program effective December 13, 1993 (58 FR 52674),
August 21, 1995 (60 FR 32112), August 27, 2010 (75 FR 36538), December
1, 2014 (79 FR 59438), and March 29, 2016 (81 FR 4961). Note that at 79
FR 59443, the State agency acronym should be referenced as ``(ADEQ)''
with regard to the State's Memorandum of Agreement with the EPA. In
this document, the EPA is revising subpart E of 40 CFR part 272 to
include the authorization revision actions effective October 11, 2016
(81 FR 53025).

C. What codification decisions have we made in this rule?

    In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the
Arkansas rules described in the amendments to 40 CFR part 272 set forth
below. The EPA has made, and will continue to make, these documents
available electronically through http://www.regulations.gov and in hard
copy at the appropriate EPA office (see the ADDRESSES section of this
preamble for more information).
    The purpose of this Federal Register document is to codify
Arkansas' base hazardous waste management program and its revisions to
that program. The document incorporates by reference Arkansas'
hazardous waste statutes and regulations and clarifies which of these
provisions are included in the authorized and Federally enforceable
program. By codifying Arkansas' authorized program and by amending the
CFR, the public will be more easily able to discern the status of
Federally approved requirements of the Arkansas hazardous waste
management program. The EPA is not requesting comments on its decisions
published in the Federal Register documents referenced in Section I.F
of this preamble concerning revisions to the authorized program in
Arkansas.
    The EPA is incorporating by reference the Arkansas authorized
hazardous waste management program in subpart E of 40 CFR part 272.
Section 272.201 incorporates by reference Arkansas' authorized
hazardous waste statutes and regulations. Section 272.201 also
references the statutory provisions (including procedural and
enforcement provisions) which provide the legal basis for the State's
implementation of the hazardous waste management program, the
Memorandum of Agreement, the Attorney General's Statements, and the
Program Description, which are approved as part of the hazardous waste
management program under Subtitle C of RCRA.

D. What is the effect of Arkansas' codification on enforcement?

    The EPA retains its authority under statutory provisions, including
but not limited to, RCRA sections 3007, 3008, 3013, and 7003, and other
applicable statutory and regulatory provisions to undertake inspections
and enforcement actions and to issue orders in authorized States. With
respect to these actions, the EPA will rely on Federal sanctions,
Federal inspection authorities, and Federal procedures rather than any
authorized State analogues to these provisions. Therefore, the EPA is
not incorporating by reference such particular, approved Arkansas

procedural and enforcement authorities. Section 272.201(c)(2) of 40 CFR
lists the statutory and regulatory provisions which provide the legal
basis for the State's implementation of the hazardous waste management
program, as well as those procedural and enforcement authorities that
are part of the State's approved program, but these are not
incorporated by reference.

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

    The public needs to be aware that some provisions of Arkansas'
hazardous waste management program are not part of the Federally
authorized State program. These non-authorized provisions include:
    (1) Provisions that are not part of the RCRA subtitle C program
because they are ``broader in scope'' than RCRA subtitle C (see 40 CFR
271.1(i));
    (2) Federal rules for which Arkansas is not authorized, but which
have been incorporated into the State regulations because of the way
the State adopted Federal regulations by reference;
    (3) Unauthorized amendments to authorized State provisions;
    (4) New unauthorized State requirements; and
    (5) Federal rules for which Arkansas is authorized but which were
vacated by the U.S. Court of Appeals for the District of Columbia
Circuit (D.C. Cir. No. 08-1144, June 27, 2014).
    State provisions that are ``broader in scope'' than the Federal
program are not part of the RCRA authorized program and the EPA will
not enforce them. Therefore, they are not incorporated by reference in
40 CFR part 272. For reference and clarity, 40 CFR 272.201(c)(3) lists
the Arkansas regulatory provisions which are ``broader in scope'' than
the Federal program and which are not part of the authorized program
being incorporated by reference. ``Broader in scope'' provisions cannot
be enforced by the EPA; the State, however, may enforce such provisions
under State law.
    Additionally, Arkansas' hazardous waste regulations include
amendments which have not been authorized by the EPA. Since the EPA
cannot enforce a State's requirements which have not been reviewed and
authorized in accordance with RCRA section 3006 and 40 CFR part 271, it
is important to be precise in delineating the scope of a State's
authorized hazardous waste program. Regulatory provisions that have not
been authorized by the EPA include amendments to previously authorized
State regulations as well as certain Federal rules and new State
requirements.
    Arkansas has adopted but is not authorized for the following
Federal rules published in the Federal Register on July 15, 1985 (50 FR
28702), April 12, 1996 (61 FR 16290), and January 8, 2010 (75 FR 1236).
Therefore, these Federal amendments included in Arkansas' regulations,
are not part of the State's authorized program and are not part of the
incorporation by reference addressed by this Federal Register action.
    Arkansas has adopted and was authorized for the Federal Exclusion
of Oil-Bearing Secondary Materials Processed in a Gasification System
to Produce Synthesis Gas rule which has since been vacated by the U.S.
Court of Appeals for the District of Columbia Circuit (D.C. Cir. No.
08-1144; June 27, 2014): The gasification exclusion rule was published
on January 2, 2008 (73 FR 57) and added 40 CFR 260.10 ``Gasification''
and revised 40 CFR 261.4(a)(12)(i).
    State regulations that are not incorporated by reference in this
action at 40 CFR 272.201(c)(1), or that are not listed in 40 CFR
272.201(c)(2) (``legal basis for the State's implementation of the
hazardous waste management program''), 40 CFR 272.201(c)(3) (``broader
in scope''), or 40 CFR 272.201(c)(4) (``unauthorized State
amendments''), are considered new unauthorized State requirements.
These requirements are not Federally enforceable.
    With respect to any requirement pursuant to the Hazardous and Solid
Waste Amendments of 1984 (HSWA) for which the State has not yet been
authorized, the EPA will continue to enforce the Federal HSWA standards
until the State is authorized for these provisions.

F. What will be the effect of Federal HSWA requirements on the
codification?

    The EPA is not amending 40 CFR part 272 to include HSWA
requirements and prohibitions that are implemented by the EPA. Section
3006(g) of RCRA provides that any HSWA requirement or prohibition
(including implementing regulations) takes effect in authorized and not
authorized States at the same time. A HSWA requirement or prohibition
supersedes any less stringent or inconsistent State provision which may
have been previously authorized by the EPA (50 FR 28702, July 15,
1985). The EPA has the authority to implement HSWA requirements in all
States, including authorized States, until the States become authorized
for such requirement or prohibition. Authorized States are required to
revise their programs to adopt the HSWA requirements and prohibitions,
and then to seek authorization for those revisions pursuant to 40 CFR
part 271.
    Instead of amending the 40 CFR part 272 every time a new HSWA
provision takes effect under the authority of RCRA section 3006(g), the
EPA will wait until the State receives authorization for its analog to
the new HSWA provision before amending the State's 40 CFR part 272
incorporation by reference. Until then, persons wanting to know whether
a HSWA requirement or prohibition is in effect should refer to 40 CFR
271.1(j), as amended, which lists each such provision.
    Some existing State requirements may be similar to the HSWA
requirement implemented by the EPA. However, until the EPA authorizes
those State requirements, the EPA can only enforce the HSWA
requirements and not the State analogs. The EPA will not codify those
State requirements until the State receives authorization for those
requirements.

IV. 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 therefore this action is not subject to review by OMB. This
rule incorporates by reference Arkansas' authorized hazardous waste
management regulations and imposes no additional requirements beyond
those imposed by State law. Accordingly, I certify that this action
will not have a significant economic impact on a substantial number of
small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et
seq.). Because this rule merely incorporates by reference certain
existing State hazardous waste management program requirements which
the EPA already approved under 40 CFR part 271, and with which
regulated entities must already comply, it 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).
    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 incorporates by reference
existing State hazardous waste management program

requirements without altering the relationship or the distribution of
power and responsibilities established by RCRA. This action also does
not have Tribal implications within the meaning of Executive Order
13175 (65 FR 67249, November 6, 2000).
    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 rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001), because it is not a
significant regulatory action under Executive Order 12866.
    The requirements being codified are the result of Arkansas'
voluntary participation in the EPA's State program authorization
process under RCRA Subtitle C. 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 rule, 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 the rule in accordance with the ``Attorney General's
Supplemental Guidelines for the Evaluation of Risk and Avoidance of
Unanticipated Takings'' issued under the executive order. This rule
does not impose an information collection burden under the provisions
of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
Executive Order 12898 (59 FR 7629, Feb. 16, 1994) establishes Federal
executive policy on environmental justice. Because this rule codifies
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,
the rule is not subject to Executive Order 12898.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as amended 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).

List of Subjects

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.

40 CFR Part 272

    Environmental protection, Hazardous materials transportation,
Hazardous waste, Incorporation by reference, Intergovernmental
relations, Water pollution control, Water supply.

    Authority:  This rule 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, 6974(b).

    Dated: July 27, 2017.
Samuel Coleman,
Acting Regional Administrator Region 6.

    For the reasons set forth in the preamble, under the authority at
42 U.S.C. 6912(a), 6926, and 6974(b), EPA is granting final
authorization under 40 CFR part 271 to the State of Arkansas for
revisions to its hazardous waste program under the Resource
Conservation and Recovery Act and is amending 40 CFR part 272 as
follows.

PART 272--APPROVED STATE HAZARDOUS WASTE MANAGEMENT PROGRAMS

0
1. The authority citation for part 272 continues to read as follows:

    Authority:  Sections 2002(a), 3006, and 7004(b) of the Solid
Waste Disposal Act, as amended by the Resource Conservation and
Recovery Act, as amended, 42 U.S.C. 6912(a), 6926, and 6974(b).

0
2. Revise Sec.  272.201 to read as follows:

Sec.  272.201   Arkansas State-administered program: Final
authorization.

    (a) History of the State of Arkansas authorization. Pursuant to
section 3006(b) of RCRA, 42 U.S.C. 6926(b), the EPA granted Arkansas
final authorization for the following elements as submitted to EPA in
Arkansas' Base program application for final authorization which was
approved by EPA effective on January 25, 1985. Subsequent program
revision applications were approved effective on May 29, 1990; November
18, 1991; December 4, 1992; December 21, 1994; June 24, 2002; October
15, 2007; August 27, 2010; October 9, 2012, December 1, 2014, December
30, 2014, March 29, 2016, and October 11, 2016, and November 13, 2017.
    (b) Enforcement authority. The State of Arkansas has primary
responsibility for enforcing its hazardous waste management program.
However, EPA retains the authority to exercise its inspection and
enforcement authorities in accordance with sections 3007, 3008, 3013,
7003 of RCRA, 42 U.S.C. 6927, 6928, 6934, 6973, and any other
applicable statutory and regulatory provisions, regardless of whether
the State has taken its own actions, as well as in accordance with
other statutory and regulatory provisions.
    (c) State statutes and regulations. (1) Incorporation by reference.
The Arkansas statutes and regulations cited in paragraph (c)(1)(i) of
this section are incorporated by reference as part of the hazardous
waste management program under subtitle C of RCRA, 42 U.S.C. 6921 et
seq. This incorporation by reference is approved by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
You may obtain copies of the Arkansas statutes that are incorporated by
reference in this paragraph from LexisNexis, 9443 Springboro Pike,
Miamisburg, Ohio 45342; Phone:<PHONE_NUMBER>; Web site: http://www.lexisnexis.com/store/us. Copies of the Arkansas regulations that
are incorporated by reference are available from the Arkansas
Department of Environmental Quality (ADEQ) Web site at http://www.adeq.state.ar.us/regs/default.htm or the Public Outreach Office,
ADEQ, 5301 Northshore Drive, North Little Rock, Arkansas 72118-5317;
Phone number:<PHONE_NUMBER>. You may inspect a copy at EPA Region 6,
1445 Ross Avenue, Dallas, Texas 75202-2733; Phone number: (214) 665-
8533, or at the National Archives and Records Administration (NARA).
For information on the availability of this material at NARA, call
(202) 741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
    (i) The binder entitled ``EPA-Approved Arkansas Statutory and
Regulatory Requirements Applicable to the Hazardous Waste Management
Program'', dated October 2016.
    (ii) [Reserved]

    (2) Legal basis. The following provisions provide the legal basis
for the State's implementation of the hazardous waste management
program, but they are not being incorporated by reference and do not
replace Federal authorities:
    (i) Arkansas Code of 1987 Annotated (A.C.A.), 2011 Replacement, as
amended by the 2015 Supplement, Title 4, Business and Commercial Law,
Chapter 75: Section 4-75-601(4) ``Trade Secret''.
    (ii) Arkansas Code of 1987 Annotated (A.C.A.), 2011 Replacement, as
amended by the 2015 Supplement, Title 8, Environmental Law, Chapter 1:
Section 8-1-107.
    (iii) Arkansas Hazardous Waste Management Act of 1979, as amended,
Arkansas Code of 1987 Annotated (A.C.A.), 2011 Replacement, as amended
by the 2015 Supplement, Title 8, Environmental Law, Chapter 7,
Subchapter 2: Sections 8-7-204 (except 8-7-204(e)(3)(B)), 8-7-205
through 8-7-214, 8-7-217, 8-7-218, 8-7-220, 8-7-222, 8-7-224, 8-7-
225(b) through 8-7-225(d), and 8-7-227.
    (iv) Arkansas Resource Reclamation Act of 1979, as amended,
Arkansas Code of 1987 Annotated (A.C.A.), 2011 Replacement, as amended
by the 2015 Supplement, Title 8, Environmental Law, Chapter 7,
Subchapter 3: Sections 8-7-302(3), 8-7-303 and 8-7-308.
    (vi) Remedial Action Trust Fund Act of 1985, as amended, Arkansas
Code of 1987 Annotated (A.C.A.), 2011 Replacement, as amended by the
2015 Supplement, Title 8, Environmental Law, Chapter 7, Subchapter 5:
Sections 8-7-503(6) and (7), 8-7-505(3), 8-7-507, 8-7-508, 8-7-511 and
8-7-512.
    (vii) Arkansas Freedom of Information Act (FOIA) of 1967, as
amended, Arkansas Code of 1987 Annotated (A.C.A.), 2011 Replacement, as
amended by the 2015 Supplement, Title 25, State Government, Chapter 19:
Sections 25-19-103(1), 25-19-105, 25-19-107.
    (viii) Arkansas Pollution Control and Ecology (APC&E) Commission
Regulation No. 23, Hazardous Waste Management, as amended September 25,
2015, effective October 18, 2015, Chapter One; Chapter Two, Sections 1,
2, 3(a), 3(b)(3), 4, 260.2, 260.20(c) through (f), 261 Appendix IX,
270.7(h) and (j), 270.10(e)(8), 270.34, 19, Chapter Three, Sections 21
and 22; Chapter Five, Section 28.
    (ix) Arkansas Pollution Control and Ecology (APC&E) Commission,
Regulation No. 7, Civil Penalties, July 24, 1992.
    (x) Arkansas Pollution Control and Ecology (APC&E) Commission,
Regulation No. 8, Administrative Procedures, February 12, 2009.
    (3) Related legal provisions. The following statutory and
regulatory provisions are broader in scope than the Federal program,
are not part of the authorized program, and are not incorporated by
reference:
    (i) Arkansas Hazardous Waste Management Act, as amended, Arkansas
Code of 1987 Annotated (A.C.A.), 2011 Replacement, as amended by the
2015 Supplement, Title 8, Environmental Law, Chapter 7, Subchapter 2:
Section 8-7-226.
    (ii) Arkansas Pollution Control and Ecology (APC&E) Commission
Regulation No. 23, Hazardous Waste Management, as amended September 25,
2015, effective October 18, 2015, Chapter Two, Sections 6, 262.13(c),
262.26(d), 263.10(e), 263.13, 264.71(e), and 265.71(e).
    (4) Unauthorized State amendments and provisions. (i) Arkansas has
partially or fully adopted, but is not authorized to implement, the
Federal rule listed in the following table. The EPA will continue to
implement the Federal HSWA requirements for which Arkansas is not
authorized until the State receives specific authorization for those
requirements.

----------------------------------------------------------------------------------------------------------------
          Federal requirement                Federal Register  reference               Publication date
----------------------------------------------------------------------------------------------------------------
HSWA Codification Rule--Delisting        50 FR 28702.......................  July 15, 1985.
 (HSWA) (Checklist 17B--amendments to
 40 CFR 260.22 only).
----------------------------------------------------------------------------------------------------------------

    (ii) The Federal rules listed in the following table are not
delegable to States. Arkansas has adopted these provisions and left the
authority to the EPA for implementation and enforcement.

----------------------------------------------------------------------------------------------------------------
          Federal requirement                Federal Register  reference               Publication date
----------------------------------------------------------------------------------------------------------------
Imports and Exports of Hazardous Waste:  61 FR 16290.......................  April 12, 1996.
 Implementation of OECD Council
 Decision (HSWA) (Checklist 152).
OECD Requirements; Export Shipments of   75 FR 1236........................  January 8, 2010.
 Spent Lead-Acid Batteries (Non-HSWA)
 (Checklist 222).
----------------------------------------------------------------------------------------------------------------

    (5) Vacated Federal rule. Arkansas adopted and was authorized for
the following Federal rule which has since been vacated by the U.S.
Court of Appeals for the District of Columbia Circuit (D.C. Cir. 08-
1144; June 27, 2014). As a result, the Arkansas provisions at Reg. 23,
260.10 ``Gasification'' and 261.4(a)(12)(i) are no longer considered to
be part of the State's authorized program. Consistent with the Court's
vacatur, EPA removed the vacated provisions from the CFR on April 8,
2015.

----------------------------------------------------------------------------------------------------------------
          Federal requirement                Federal Register  reference               Publication date
----------------------------------------------------------------------------------------------------------------
Exclusion of Oil-Bearing Secondary       73 FR 57..........................  January 2, 2008.
 Materials Processed in a Gasification
 System to Produce Synthesis Gas (Non-
 HSWA) (Checklist 216--Definition of
 ``Gasification'' at 40 CFR 260.10 and
 amendment to 40 CFR 261.4(a)(12)(i)).
----------------------------------------------------------------------------------------------------------------

    (6) Memorandum of Agreement. The Memorandum of Agreement between
EPA Region VI and the State of Arkansas, signed by the Executive
Director of the Arkansas Department of Environmental Quality (ADEQ) on
June

27, 2012, and by the EPA Regional Administrator on July 10, 2012, is
referenced as part of the authorized hazardous waste management program
under subtitle C of RCRA, 42 U.S.C. 6921 et seq.
    (7) Statement of legal authority. ``Attorney General's Statement
for Final Authorization'', signed by the Attorney General of Arkansas
on July 9, 1984 and revisions, supplements, and addenda to that
Statement dated September 24, 1987, February 24, 1989, December 11,
1990, May 7, 1992 and by the Independent Legal Counsel on May 10, 1994,
February 2, 1996, March 3, 1997, July 31, 1997, December 1, 1997,
December 12, 2001, July 27, 2006, December 12, 2010, October 1, 2012,
and December 7, 2015 are referenced as part of the authorized hazardous
waste management program under Subtitle C of RCRA, 42 U.S.C. 6921 et
seq.
    (8) Program Description. The Program Description and any other
materials submitted as part of the original application or as
supplements thereto are referenced as part of the authorized hazardous
waste management program under subtitle C of RCRA, 42 U.S.C. 6921 et
seq.

0
3. Appendix A to part 272 is amended by revising the listing for
``Arkansas'' to read as follows:

Appendix A to Part 272--State Requirements

* * * * *

Arkansas

    The statutory provisions include:
    Arkansas Hazardous Waste Management Act of 1979, as amended,
Arkansas Code of 1987 Annotated (A.C.A.), 2011 Replacement, as
amended by the 2015 Supplement, Title 8, Environmental Law, Chapter
7, Subchapter 2: Sections 8-7-202, 8-7-203, 8-7-215, 8-7-216, 8-7-
219, 8-7-221, 8-7-223 and 8-7-225(a).
    Arkansas Code of 1987 Annotated (A.C.A.), 2011 Replacement, as
amended by the 2015 Supplement, Title 8, Environmental Law, Chapter
10, Subchapter 3: Section 8-10-301(d).
    Copies of the Arkansas statutes that are incorporated by
reference are available from LexisNexis, 9443 Springboro Pike,
Miamisburg, Ohio 45342; Phone:<PHONE_NUMBER>; Web site: http://www.lexisnexis.com/store/us.
    The regulatory provisions include:
    Arkansas Pollution Control and Ecology (APC&E) Commission
Regulation No. 23, Hazardous Waste Management, as amended September
25, 2015 effective October 18, 2015. Please note that the 2015 APC&E
Commission Regulation No. 23, is the most recent version of the
Arkansas authorized hazardous waste regulations. For a few
provisions, the authorized versions are found in the APC&E
Commission Regulation 23, effective January 21, 1996, March 23,
2006, June 13, 2010, or August 12, 2012. Arkansas made subsequent
changes to these provisions but these changes have not been
authorized by EPA. The provisions from the January 21, 1996, March
23, 2006, June 13, 2010, or August 12, 2012 regulations are noted
below.
    Chapter Two, Sections 3(b) introductory paragraph; 3(b)(2);
3(b)(4); Section 260--Hazardous Waste Management System--General--
260.1; 260.3; 260.10 (except the definitions of ``consolidation'',
``gasification'', and the phrase ``a written permit issued by the
Arkansas Highway and Transportation Department authorizing a person
to transport hazardous waste (Hazardous Waste Transportation
Permit), or'' in the definition for ``permit''; 260.11; 260.20
(except 260.20(c) through (f); 260.21; 260.23; 260.30 through
260.33; 260.40; and 260.41.
    Section 261--Identification and Listing of Hazardous Waste -
261.1; 261.2; 261.3; 261.4(a) (except the phrase ``gasification (as
defined in Sec.  260.10 of this Regulation),'' in 261.4(a)(12)(i);
261.4(b) through (h); 261.5; 261.6 (except (a)(5)); 261.7 through
261.11; 261.20 through 261.24; 261.30 through 261.33; 261.35; 261.39
through 261.41; and Appendices I, VII, and VIII.
    Section 262--Standards Applicable to Generators of Hazardous
Waste--262.10 (except 262.10(d)); 262.11; 262.12; 262.13 (except
262.13(c)); 262.20; 262.22 through 262.25; 262.26 (except
262.26(d)); 262.27; 262.30; 262.31 through 262.35; 262.40; 262.41
(except 262.41(e) and (f)); 262.41(e) (except references to PCBs)
(January 21, 1996); 262.42; 262.43; 262.50 through 262.58; 262.60
(except 262.60(e)); 262.70; 262.200 through 262.216; and Appendix I.
    Section 263--Standards Applicable to Transporters of Hazardous
Waste--263.10 (except 263.10(d) and (e)); 263.11; 263.12; 263.20
(except 263.20(g)(4)); 263.21; 263.22; 263.25; 263.30; and 263.31.
    Section 264--Standards for Owners and Operators of Hazardous
Waste Treatment, Storage, and Disposal Facilities--264.1; 264.3;
264.4; 264.10; 264.11; 264.12 (except 264.12(a)(2)); 264.13 through
264.19; 264.20(a) through (c); 264.30 through 264.35; 264.37; 264.50
through 264.56; 264.70; 264.71 (except 264.71(a)(3), (d), and (e));
264.72 through 264.74; 264.75; 264.76(a); 264.77; 264.90 through
264.101; 264.110 through 264.120; 264.140; 264.141 (except the
definition of ``captive insurance'' at 264.141(f)); 264.142; 264.143
(except the last sentence of 264.143(e)(1)); 264.144; 264.145
(except the last sentence of 264.145(e)(1)); 264.146; 264.147
(except the last sentences of 264.147(a)(1)(i) and
264.147(b)(1)(ii)); 264.148; 264.151; 264.170 through 264.179;
264.190 through 264.200; 264.220 through 264.223; 264.226 through
264.232; 264.250 through 264.254; 264.256 through 264.259; 264.270
through 264.273; 264.276; 264.278 through 264.283; 264.300 through
264.304; 264.309; 264.310; 264.312(a); 264.313; 264.314;
264.314(a)(4) (June 13, 2010); 264.315 through 264.317; 264.340
through 264.345; 264.347; 264.351; 264.550 through 264.555; 264.570
through 264.575; 264.600 through 264.603; 264.1030 through 264.1036;
264.1050 through 264.1065; 264.1080 through 264.1090; 264.1100
through 264.1102; 264.1200 through.1202; and Appendices I, IV, V,
and IX.
    Section 265--Interim Status Standards for Owners and Operators
of Hazardous Waste Treatment, Storage, and Disposal Facilities--
265.1; 265.4; 265.10; 265.11; 265.12 (except 265.12(a)(2)); 265.13
through 265.19; 265.30 through 265.35; 265.37; 265.50 through
265.56; 265.70; 265.71 (except 265.71(a)(3), (d), and (e)); 265.72
through 265.75; 265.76(a); 265.77; 265.90 through 265.94; 265.110
through 265.121; 265.140; 265.141 (except the definition of
``captive insurance'' at 265.141(f)); 265.142; 265.143 (except the
last sentence of 265.143(d)(1)); 265.144; 265.145; 265.146; 265.147
(except the last sentences of 265.147(a)(1) and 265.147(b)(1));
265.148; 265.170 through 265.174; 265.176 through 265.178; 265.190
through 265.202; 265.220 through 265.226; 265.228 through 265.231;
265.250 through 265.260; 265.270; 265.272; 265.273; 265.276; 265.278
through 265.282; 265.300 through 265.304; 265.309; 265.310;
265.312(a); 265.313; 265.314; 265.314(a)(4) (March 23, 2006);
265.315; 265.316; 265.340; 265.341; 265.345; 265.347; 265.351;
265.352; 265.370; 265.373; 265.375; 265.377; 265.381 through
265.383; 265.400 through 265.406; 265.430; 265.440 through 265.445;
265.1030 through 265.1035; 265.1050 through 265.1064; 265.1080
through 265.1090; 265.1100 through 265.1102; 265.1200 through
265.1202; Appendix I; and Appendices III through VI.
    Section 266--Standards for the Management of Specific Hazardous
Wastes and Specific Types of Hazardous Waste Management Facilities--
266.20 through 266.23; 266.70(a); 266.70(b) introductory paragraph
through (b)(2) (August 12, 2012); 266.70(c) and (d); 266.80 (except
items 6 and 7 to the 266.80(a) table); 266.100 through 266.112;
266.200 through 266.206; 266.210; 266.220; 266.225; 266.230;
266.235; 266.240; 266.245; 266.250; 266.255; 266.260; 266.305;
266.310; 266.315; 266.320; 266.325; 266.330; 266.335; 266.340;
266.345; 266.350; 266.355; 266.360; and Appendices I through XIII.
    Section 267--Standards for Owners and Operators of Hazardous
Waste Facilities Operating Under a Standardized Permit--267.1
through 267.3; 267.10 through 267.18; 267.30 through 267.36; 267.50
through 267.58; 267.70 through 267.76; 267.90; 267.101; 267.110
through 267.113; 267.115 through 267.117; 267.140 through 267.143;
267.147 through 267.151; 267.170 through 267.177; 267.190 through
267.204; and 267.1100 through 267.1108.
    Section 268--Land Disposal Restrictions--268.1; 268.2 through
268.4, 268.7; 268.9; 268.13; 268.14; 268.20, 268.30 through 268.39;
268.40 (except 268.40(e)(1)--(4) and 268.40(i)); 268.41; 268.42
(except 268.42(b)); 268.43; 268.45; 268.46; 268.48 through 268.50;
and Appendices III, IV, VI through IX and XI.
    Section 270--Administered Permit Programs: The Hazardous Waste
Permit Program--270.1 through 270.6; 270.7 (except 270.7(h) and
(j)); 270.10 (except 270.10(e)(8)); 270.11 through 270.33; 270.40;
270.41; 270.42; 270.42 Appendix I; 270.43; 270.50; 270.51; 270.60
through 270.68; 270.70 through 270.73; 270.79; 270.80; 270.85;
270.90; 270.95; 270.100; 270.105; 270.110;

270.115; 270.120; 270.125; 270.130; 270.135; 270.140; 270.145;
270.150; 270.155; 270.160; 270.165; 270.170; 270.175; 270.180;
270.185; 270.190; 270.195; 270.200; 270.205; 270.210; 270.215;
270.220; 270.225; 270.230; 270.235; 270.250; 270.255; 270.260;
270.270; 270.275; 270.280; 270.290; 270.300; 279.305; 270.310;
270.315; and 270.320.
    Section 273--Standards for Universal Waste Management--273.1
through 273.4; 273.5 (except 273.5(b)(3)); 273.6; 273.8 through
273.20; 273.30 through 273.40; 273.50 through 273.56; 273.60;
273.61; 273.62; 273.70 (except 273.70(d)); 273.80; and 273.81.
    Section 279--Standards for the Management of Used Oil--279.1;
279.10; 279.11; 279.12; 279.20 through 279.24; 279.30 through
279.32; 279.40 through 279.47; 279.50 through 279.67; 279.70 through
279.75; 279.80; 279.81; and 279.82(a).
    Copies of the Arkansas regulations that are incorporated by
reference are available from the Arkansas Department of
Environmental Quality Web site at http://www.adeq.state.ar.us/regs/default.htm or the Public Outreach Office, ADEQ, 5301 Northshore
Drive, North Little Rock, Arkansas 72118-5317, Phone: (501) 682-
0923.
* * * * *
[FR Doc. 2017-18874 Filed 9-13-17; 8:45 am]
 BILLING CODE 6560-50-P