[Federal Register Volume 77, Number 12 (Thursday, January 19, 2012)]
[Notices]
[Pages 2776-2777]
[FR Doc No: 2012-936]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2012-0002; Notice 1]

Dorel Juvenile Group, Receipt of Petition for Decision of
Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Receipt of Petition.

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SUMMARY: Dorel Juvenile Group, Inc.\1\ (DJG) has determined that
certain child restraint systems manufactured between July 20, 2010 and
May 18, 2011 do not fully comply with paragraph S5.5 Labeling of
Federal Motor Vehicle Safety Standard (FMVSS) No. 213,Child Restraint
Systems. DJG has filed an appropriate report pursuant to 49 CFR part
573, Defect and Noncompliance Responsibility and Reports (dated June
23, 2011).
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    \1\ Dorel Juvenile Group, Inc., a division of Dorel Industries,
Inc., is an Indiana company that manufactures and imports motor
vehicle equipment.
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    Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule
at 49 CFR part 556), DJG has petitioned for an exemption from the
notification and remedy requirements of 49 U.S.C. Chapter 301 on the
basis that this noncompliance is inconsequential to motor vehicle
safety.
    This notice of receipt of DJG's petition is published under 49
U.S.C. 30118 and 30120 and does not represent any agency decision or
other exercise of judgment concerning the merits of the petition.
    Affected are approximately 89,527 of the following models of DJG
child restraint systems that were manufactured between July 20, 2010
and May 18, 2011:

22187ANL Alpha Omega Elite
22187REM Alpha Omega Elite
22187REMA Alpha Omega Elite
22187SAR Alpha Omega Elite
22187SARA Alpha Omega Elite
22465 FSM Alpha Omega Elite
22790CGT Deluxe 3 in 1
CC033BMT Alpha Omega Elite
CC043ANK Alpha Omega Elite
CC043ANL Alpha Omega Elite
CC043AQS Alpha Omega Elite
CC046AAI Deluxe 3 in 1
CC046AAU Deluxe 3 in 1
CC046CTA Deluxe 3 in 1
CC046SNW Deluxe 3 in 1
CC046WPR Deluxe 3 in 1
CC050AJH Complete Air LX
CC050ANY Complete Air LX
CC050ANZ Complete Air LX
CC050AOQ Complete Air LX
CC051AIR Complete Air SE

    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to file petitions for a
determination of inconsequentiality allow NHTSA to exempt manufacturers
only from the duties found in sections 30118 and 30120, respectively,
to notify owners, purchasers, and dealers of a defect or noncompliance
and to remedy the defect or noncompliance. Therefore, these provisions
only apply to the 89,527 \2\ child restraint systems that DJG no longer
controlled at the time it determined that the noncompliance existed.
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    \2\ DJG's petition, which was filed under 49 CFR part 556,
requests an agency decision to exempt DJG as an equipment
manufacturer from the notification and recall responsibilities of 49
CFR part 573 for 89,527 of the affected child restraint systems.
However, a decision on this petition cannot relieve child restraint
system distributors and dealers of the prohibitions on the sale,
offer for sale, introduction or delivery for introduction into
interstate commerce of the noncompliant child restraint systems
under their control after DJG notified them that the subject
noncompliance existed.
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    DJG described the noncompliance as follows:

    The child restraints at issue utilize a permanently attached
base which are equipped with color coordinated Ease of Use labels
including base labels depicting the rear[hyphen]facing mode
instructions. The issue is that certain restraints were equipped
with base labels positioned on the incorrect side of the base. Even
if the base labels are positioned on the incorrect side of the base,
nearly all the information is correct, except the small indicator
arrows do not line up with the rear[hyphen]facing vehicle and LATCH
belt path for the rear[hyphen]facing mode. As noted in the
Noncompliance Information Report, this voluntarily supplied
information caused the installation diagram required by FMVSS 213
S5.5.2(l) to be inaccurate.
    The noncompliance exists when the base labels are installed
incorrectly and the indicator arrows do not point to the
rear[hyphen]facing vehicle belt/LATCH routing path. The arrows are
actually pointing to the area below the forward[hyphen]facing
vehicle belt/LATCH path routing but could be construed as pointing
to the forward[hyphen]facing routing path.

    DJG stated its belief that the likelihood a consumer would
interpret the arrows as indicating the proper rear[hyphen]facing path
routing through the forward-facing path routing is extremely low. The
proper rear[hyphen]facing vehicle belt/LATCH routing path is shown very
clearly in the five diagrams on the two base labels.
    DJG argued that instructions included with the subject child
restraint systems also correctly depict the rear[hyphen]facing vehicle
belt/LATCH routing path numerous times.
    DJG noted that only one user complaint related to this issue had
been received.
    DJG also included the results of a survey conducted to illustrate
any effects the noncompliance may have on seat installation.
    In conclusion, DJG stated its belief that the technical
noncompliance issue reported in the June 23, 2011 Noncompliance
Information Report does not constitute a true safety related issue
because there is no evidence that improper installation is actually
taking place in the field (as evidenced by the lack of significant
complaints from consumers, advocates, health care specialists or anyone
else). DJG also stated that the preponderance of correct
rear[hyphen]facing installation diagrams and instructions appears to
outweigh the potential for improper installation as a result of the
ambiguous arrows on the rear[hyphen]facing installation labels on the
base. DJG also indicated that there appears to be a very low
probability that improper installation is even possible in the vast
majority of vehicles surveyed, which represent a good cross section of
vehicles in the field.

Comments

    Interested persons are invited to submit written data, views, and

arguments on this petition. Comments must refer to the docket and
notice number cited at the beginning of this notice and be submitted by
any of the following methods:
    a. By mail addressed to: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
    b. By hand delivery to: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590. The Docket Section is open on
weekdays from 10 a.m. to 5 p.m. except Federal Holidays.
    c. Electronically: by logging onto the Federal Docket Management
System (FDMS) Web site at http://www.regulations.gov/. Follow the
online instructions for submitting comments. Comments may also be faxed
to 1-(202) 493-2251.
    Comments must be written in the English language, and be no greater
than 15 pages in length, although there is no limit to the length of
necessary attachments to the comments. If comments are submitted in
hard copy form, please ensure that two copies are provided. If you wish
to receive confirmation that your comments were received, please
enclose a stamped, self-addressed postcard with the comments. Note that
all comments received will be posted without change to http://www.regulations.gov, including any personal information provided.
    Documents submitted to a docket may be viewed by anyone at the
address and times given above. The documents may also be viewed on the
Internet at http://www.regulations.gov by following the online
instructions for accessing the dockets. DOT's complete Privacy Act
Statement is available for review in the Federal Register published on
April 11, 2000, (65 FR 19477-78).
    The petition, supporting materials, and all comments received
before the close of business on the closing date indicated below will
be filed and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the extent possible. When the petition is granted or
denied, notice of the decision will be published in the Federal
Register pursuant to the authority indicated below.

DATES: Comment closing date: February 21, 2012.

    Authority:  (49 U.S.C. 30118, 30120: delegations of authority at
CFR 1.50 and 501.8).

    Issued on: January 12, 2012.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2012-936 Filed 1-18-12; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register: September 2, 2010 (Volume 75, Number 170)]
[Notices]
[Page 53991-53992]
[DOCID:fr02se10-94]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62772; File No. SR-ISE-2010-91]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing of Proposed Rule Change To Adopt a Pilot Program
To List Additional Expiration Months for Each Class of Options Opened
for Trading on the Exchange

August 26, 2010.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on August 25, 2010, the International Securities Exchange, LLC
(the ``Exchange'' or ``ISE'') filed with the Securities and Exchange
Commission (the ``Commission'') the proposed rule change as described
in Items I and II 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 ISE is proposing to amend its rules to adopt a pilot program to
list additional expiration months for each class of options opened for
trading on the Exchange. The text of the proposed rule change is
provided below (italics indicate additions; [brackets] indicate
deletions):

Rule 504. Series of Options Contracts Open for Trading

* * * * *

Supplementary Material to Rule 504

    .01-.07 No Change
    .08 Additional Expiration Months Pilot Program (``Pilot Program'').
For a Pilot Program expiring on [insert date 12 months from the next
full month from approval], the Exchange may select up to 20 options
classes for which it may list up to two (2) additional expiration
months in addition to the expiration months the Exchange currently
lists pursuant to Rule 504(e). Additional expiration months listed
pursuant to this Supplementary Material .08 will be the nearest months
that were not previously listed. The Exchange may also list additional
expiration months for option classes that are selected by other
securities exchanges that employ a similar program under their
respective rules.
* * * * *

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 self-regulatory organization
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 self-regulatory organization
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 the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend its rules to adopt a pilot program
to list additional expiration months for each class of options opened
for trading on the Exchange.
    Pursuant to ISE Rule 504(e), the Exchange currently opens four
expiration months for each class of options open for trading on the
Exchange: the first two being the two nearest months, regardless of the
quarterly cycle on which that class trades; the third and fourth being
the next two months of the quarterly cycle previously designated by the
Exchange for that specific class. For example, if the Exchange listed
in late May a new equity option on a January-April-July-October
quarterly cycle, the Exchange would list the two nearest term months
(June and July) and the next two expiration months of the cycle
(October and January). When the June series expires, the Exchange would
add the August series as the next nearest month. And when the July
series expire, the Exchange would add the September series as the next
month of the cycle.
    The Exchange believes that there is market demand for a greater
number of expiration months. The Exchange therefore proposes to adopt a
pilot program pursuant to which it will list up to an additional two
expiration months, for a total of six expiration months for each class
of options open for trading on the Exchange. The proposal will become
effective on a pilot basis for a period twelve months to commence on
the next full month after approval is received to establish the pilot
program. Under the proposal, the additional months listed pursuant to
the pilot program will result in four consecutive expiration months
plus two months from the quarterly cycle. For example, for option
classes in the January cycle that have expiration months of June, July,
October, and January, the Exchange would additionally list the August
and September series. For option classes in the February quarterly
cycle that have expiration months of October, November, February and
May, the Exchange would additionally list the December and January
series. Under the proposal, no additional LEAP series will be created.
    The Exchange seeks to limit the proposed rule change to the 20 most
actively traded options classes. By limiting the pilot to a small
number of classes, the Exchange will be able to gauge interest in the
pilot while limiting any additional demands on system resources. ISE
estimates that this pilot could add up to six or seven percent to
current quote traffic, although changes in market maker quoting
behavior will likely reduce that increase by up to half. The Exchange
believes that a limited pilot is a prudent step to determine actual
market demand for additional expiration months.
    If the Exchange were to propose an extension or an expansion of the
pilot program, or should the Exchange propose to make the pilot program
permanent, ISE will submit, along with any filing proposing such
amendments to the pilot program, a pilot program report (``Report'')
that will provide an analysis of the pilot program covering the first
nine months of the pilot program and shall submit the Report to the
Commission at least sixty (60) days prior to the expiration date of the
pilot program. The Report will include, at a minimum: (1) Data and
written analysis on the open interest and trading volume in the classes
for which additional expiration months were opened; (2) an assessment
of the appropriateness of the option classes selected for the pilot
program; (3) an assessment of the impact of the pilot program on the
capacity on ISE, OPRA and on market data vendors (to the extent data
from market data vendors is available); (4) any capacity problems or
other problems that arose during the operation of the pilot program and
how

ISE addressed such problems; (5) any complaints that ISE received
during the operation of the pilot program and how ISE addressed them;
and (6) any additional information that would assist the Commission in
assessing the operation of the pilot program.
    Finally, the Exchange represents that it has the necessary systems
capacity to support new options series that will result from the
introduction of additional expiration months listed pursuant to this
proposed rule change.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) \3\ of the
Securities Exchange Act of 1934 (the ``Act''), in general, and furthers
the objectives of Section 6(b)(5) \4\ in particular, in that it is
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in facilitating transactions in
securities, and to remove impediments to and perfect the mechanisms of
a free and open market and a national market system in a manner
consistent with the protection of investors and the public interest. In
particular, the Exchange believes listing additional near-term
expiration months will offer investors more variety in trading options
series that were previously not available. The Exchange believes this
proposed rule change will also generate additional volume in these
option classes without significantly taxing system resources.
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    \3\ 15 U.S.C. 78f(b).
    \4\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The proposed rule change does not impose any burden on competition.

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) By order approve or disapprove such proposed rule change, or
    (B) Institute proceedings to determine whether the proposed rule
change should be 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 e-mail to<EMAIL_ADDRESS>Please include
File Number SR-ISE-2010-91 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-ISE-2010-91. This file
number should be included on the subject line if e-mail 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
a.m. and 3 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-ISE-2010-91 and should be
submitted on or before September 23, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\5\
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    \5\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-21930 Filed 9-1-10; 8:45 am]
BILLING CODE 8010-01-P


[Federal Register: May 13, 2009 (Volume 74, Number 91)]
[Rules and Regulations]
[Page 22469-22476]
[DOCID:fr13my09-12]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R06-RCRA-2008-0755; FRL-8901-1]

Texas: Final Authorization of State Hazardous Waste Management
Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

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SUMMARY: The State of Texas has applied to the EPA for final
authorization of the changes to its hazardous waste program under the
Resource Conservation and Recovery Act (RCRA). EPA has determined that
these changes satisfy all requirements needed to qualify for final
authorization, and is authorizing the State's changes through this
immediate final action. The EPA is publishing this rule to authorize
the changes without a prior proposal because we believe this action is
not controversial and do not expect comments that oppose it. Unless we
receive written comments which oppose this authorization during the
comment period, the decision to authorize Texas' changes to its
hazardous waste program will take effect. If we receive comments that
oppose this action, 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 changes.

DATES: This final authorization will become effective on July 13, 2009
unless the EPA receives adverse written comment by June 12, 2009. If
the EPA receives such comment, it will publish a timely withdrawal of
this immediate final rule in the Federal Register and inform the public
that this authorization will not take effect.

ADDRESSES: Submit your comments by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the on-line instructions for submitting comments.
    2. E-mail<EMAIL_ADDRESS>    3. Mail: Alima Patterson, Region 6, Regional Authorization
Coordinator, State/Tribal Oversight Section (6PD-O), Multimedia
Planning and Permitting 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, State/Tribal
Oversight Section (6PD-O), Multimedia Planning and Permitting Division,
EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733.
    Instructions: Do not submit information that you consider to be CBI
or otherwise protected through regulations.gov, or e-mail. The Federal
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 e-mail comment
directly to the EPA without going through regulations.gov, your e-mail
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 Texas' application and associated publicly available materials
from 8:30 a.m. to 4 p.m. Monday through Friday at the following
locations: Texas Commission on Environmental Quality (TCEQ), 12100 Park
S. Circle, Austin TX 78753-3087,<PHONE_NUMBER> and 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, Region 6 Regional
Authorization Coordinator, State/Tribal Oversight Section (6PD-O),
Multimedia Planning and Permitting Division,<PHONE_NUMBER>, EPA Region
1445 Ross Avenue, Dallas, Texas 75202-2733, and E-mail address
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

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 program. As the Federal program changes,
States must change their programs and ask the EPA to authorize the
changes. Changes to State programs may be necessary when Federal or
State statutory or regulatory authority is modified or when certain
other changes occur. Most commonly, States must change their programs
because of changes to the EPA's regulations in 40 Code of Federal
Regulations (CFR) parts 124, 260 through 268, 270, 273, and 279.

B. What Decisions Have We Made in This Rule?

    We conclude that the State of Texas'application to revise its
authorized program meets all of the statutory and regulatory
requirements established by RCRA. Therefore, we grant the State of
Texas Final Authorization to operate its hazardous waste program with
the changes described in the authorization application. The State of
Texas has responsibility for permitting treatment, storage, and
disposal facilities within its borders (except in Indian Country) and
for carrying out the aspects of the RCRA program described in its
revised program application, subject to the limitations of the
Hazardous and Solid Waste Amendments of 1984 (HSWA). New Federal
requirements and prohibitions imposed by Federal regulations that the
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 Texas including issuing permits,
until the State is granted authorization to do so.

C. What Is the Effect of Today's Authorization Decision?

    The effect of this decision is that a facility in the State of
Texas 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. The State of Texas 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 after notice to and consultation
with the State.
    This action does not impose additional requirements on the
regulated community because the regulations for which the State of
Texas is being authorized by today's action are already effective under
State law, and are not changed by today's action.

D. Why Wasn't There a Proposed Rule Before Today's Rule?

    The EPA did not publish a proposal before today's 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
today's Federal Register we are publishing a separate document that
proposes to authorize the State program changes.

E. What Happens if the EPA Receives Comments That Oppose This Action?

    If the EPA receives comments that oppose this authorization, we
will withdraw this rule by publishing a 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 final rule. You may not have another
opportunity to comment. 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 will 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 in this document. The
Federal Register withdrawal document will specify which part of the
authorization will become effective, and which part is being withdrawn.

F. For What Has Texas Previously Been Authorized?

    Texas received final authorization to implement its Hazardous Waste
Management Program on December 12, 1984, effective December 26, 1984
(49 FR 48300). This authorization was clarified in a notice published
in the FR on March 26, 1985 (50 FR 11858). Texas received final
authorization for revisions to its program in notices published in the
Federal Register on January 31, 1986, effective October 4, 1985 (51 FR
3952); on December 18, 1986, effective February 17, 1987 (51 FR 45320).
EPA authorized the further revisions on: March 1, 1990, effective March
15, 1990 (55 FR 7318); on May 24, 1990, effective July 23, 1990 (55 FR
21383); on August 22, 1991, effective October 21, 1991 (56 FR 41626);
on October 5, 1992, effective December 4, 1992 (57 FR 45719); on April
11, 1994, effective June 27, 1994, (59 FR 16987); on April 12, 1994,
effective June 27, 1994 (59 FR 17273); September 12, 1997, effective
November 26, 1997 (62 FR 47947); and on August 18, 1999 effective
October 18, 1999 (64 FR 44836) and July 13, 2000; effective September
11, 2000 (65 FR 43246) and effective June 14, 2005 (70 FR 34371) June
14, 2005. EPA incorporated by reference the State of Texas Base Program
and additional program revisions in RCRA Clusters III and IV into the
CFR on September 14, 1999 (64 FR 49673); effective November 15, 1999.
    On July 20, 2007, Texas submitted a final complete program revision
application, seeking authorization of its program revision in
accordance with 40 CFR 271.21. In 1991, Texas Senate Bill 2 created the
Texas Natural Resource Conservation Commission (TNRCC) which combined
the functions of the former Texas Water Commission and the former Texas
Air Control Board. The transfer of functions to the TNRCC from the two
agencies became effective on September 1, 1993. House Bill 2912,
Article 18 of the 77th Texas Legislature, 2001, changed the name of the
TNRCC to the Texas Commission on Environmental Quality (TCEQ) and
directed the TNRCC to adopt a timetable for phasing in the change of
the agency's name. The TNRCC decided to make the change of the agency's
name to the TCEQ effective September 1, 2002. The change of name became
effective September 1, 2002, and the legislative history of the name
change is documented at (See, Act of June 15, 2001, 77th Leg. R. S., Ch
965, Section 18.01, 2001 Tex. Gen. Laws 1985). The TCEQ may perform any
act authorized by law either as the TNRCC or as the TCEQ. Id.
Therefore, references to the TCEQ are references to TNRCC and to its
successor, the TCEQ.
    The TCEQ has primary responsibility for administration of laws and
regulations concerning hazardous waste, under the Texas Solid Waste
Disposal Act (codified in Chapter 361 Sections 361.017 and 361.024 of
the Texas Health & Safety Code). The TCEQ is authorized to administer
the RCRA program. However, the Railroad Commission (RRC) has
jurisdiction over the discharge, storage, handling, transportation,
reclamation, or disposal of waste materials (both hazardous and non
hazardous) that result from the activities associated with the
exploration, development, or production of oil or gas or geothermal
resources and other activities regulated by the RRC. See, Tex. Water
Code Ann. Section 26.131 and Ch. 27 (Vernon 2000). A list of activities
that generate wastes that are subject to the jurisdiction of the RRC is
found at 16 Tex. Admin. Code Section 3.8(a)(30) and at 30 Tex. Admin.
Code Section 335.1. Such wastes are termed ``oil and gas wastes.'' The
TCEQ has responsibility to administer the RCRA program, however,
hazardous waste generated at natural gas or natural gas liquids
processing plants or reservoir pressure maintenance or repressurizing
plants are subject to the jurisdiction of the TCEQ until the RRC is
authorized by EPA to administer those wastes under RCRA. When the RRC
is authorized by EPA to administer the RCRA program for these wastes,
jurisdiction over such hazardous waste will transfer from the TCEQ to
the RRC. The EPA has designated the TCEQ as the lead agency to
coordinate RCRA activities between the two agencies. The EPA is
responsible for the regulation of any hazardous waste for which TCEQ
has not been previously authorized.
    Further clarification of the jurisdiction between the TCEQ and the
RRC can be found in a separate document. This document, a Memorandum of
Understanding (MOU), became effective on May 31, 1998.
    The TCEQ has the rules necessary to implement EPA's RCRA Clusters
XI, XII, XIII and XV excluding Uniformed

Hazardous Waste Manifest Rule (Checklist 207) revisions to the Federal
Hazardous Waste Program promulgated from July 1, 2000 to June 30, 2005.
The adoption for RCRA Clusters XI, XII, XIII, and XV include changes to
30 Texas Administrative Code Chapters 305 and 335. The Commissioners
adopted these rules on July 25, 2007 and the rules became effective on
August 16, 2007. The TCEQ authority to incorporate Federal rules by
reference can be found at Texas Government Code Annotated Section
311.027 (Vernon1998) and adoption of the hazardous waste rules in
general are pursuant to the following statutory provisions: (1) Tex.
Water Code Ann. Sections 5.103 and 5.105 (Vernon 2000), effective
September 1995, as amended (TCEQ's authority to adopt any rules
necessary to carry out its powers and duties); (2) Tex. Health & Safety
Code Ann. Section 361.024 (Vernon 2001), effective September 1, 1995,
as amended (authorize the Commission to adopt rules necessary to
``establish minimum standards of operation for the management and
control of solid waste''); and (3) Tex. Health & Safety Code Ann.
Section 361.078 (Vernon 2001), effective September 1, 1989
(specifically recognizing TCEQ's authority to adopt hazardous waste
rules and to issue and enforce permits to the extent necessary to
receive and maintain RCRA authorization). The following are the
optional Federal rules that the State of Texas did not adopt: NESHAPS
Second Technical Correction, Vacatur Checklist 188.1), Storage,
Treatment, Transportation and Disposal of Mixed Waste, (Checklist 191),
Inorganic Chemical Manufacturing Waste Identification and listing
(Checklist 195.1), Hazardous Air Pollutant Standards for Combustors:
Interim Standards (Checklist 197), Land Disposal Restrictions: National
Treatment Variance to Designate New Treatment Subcategories for
Radioactively Contaminated Cadmium, Mercury-Containing Batteries and
Silver-Containing Batteries (Checklist 201), Hazardous Waste Management
System; Identification and Listing of Hazardous Waste; Recycled Used
Oil Management Standards (Checklist 203), National Environmental Track
Program (Checklists 204 and 204.1), and NESHAP Surface Coating of
Automobiles and Light-Duty Trucks. Also, the State of Texas is not
authorized for Zinc Fertilizer (Checklist 200) because the State failed
to adopt changes to 40 CFR 266.20, 266.20(d), 266.20(d)(1)-(2) and
268.40.

G. What Changes Are We Approving With Today's Action?

    On July 20, 2007, the State of Texas submitted a final complete
program application, seeking authorization of their changes in
accordance with 40 CFR 271.21. We now make an immediate final decision,
subject to receipt of written comments that oppose this action, that
the State of Texas' hazardous waste program revision satisfies all of
the requirements necessary to qualify for final authorization. The
State of Texas revisions consist of regulations which specifically
govern Federal Hazardous Waste revisions promulgated from July 1, 2000
to June 30, 2005, (RCRA Clusters XI, XII, XIII, and XV). Texas
requirements are included in a chart with this document.

------------------------------------------------------------------------
                                      Federal Register
 Description of federal requirement    date and page
   (include checklist number, if        (and/or RCRA     Analogous state
             relevant)                   statutory          authority
                                         authority)
------------------------------------------------------------------------
1. Hazardous Air Pollutant           65 FR 42292--      Texas Water Code
 Standards; Technical Corrections.    42302, July 10,    Annotated
 (Checklist 188).                     2000.              Sections 5.103
                                                         and 5.105
                                                         (Vernon 2000),
                                                         effective
                                                         September 1,
                                                         1995, as
                                                         amended; Texas
                                                         Health & Safety
                                                         Code Annotated
                                                         Section 361.017
                                                         (Vernon 2001)
                                                         effective
                                                         September 1,
                                                         1995, as
                                                         amended; Texas
                                                         Health & Safety
                                                         Code Annotated
                                                         Section 361.024
                                                         (Vernon 2001),
                                                         effective
                                                         September 1,
                                                         1989, as
                                                         amended; Texas
                                                         Health & Safety
                                                         Code Annotated
                                                         Section 361.078
                                                         (Vernon 2001),
                                                         effective
                                                         September 1,
                                                         1989, as
                                                         amended; 30
                                                         Texas
                                                         Administrative
                                                         Code Sections
                                                         335.1(133)(A)(i
                                                         v),
                                                         335.152(a)(13),
                                                         305.69(i)(1),
                                                         as adopted July
                                                         25, 2007 and
                                                         effective
                                                         August 16,
                                                         2007.

2. Chlorinated Aliphatics Listing    65 FR 67068-       Texas Water Code
 and LDRs for Newly Identified        67133, November    Annotated
 Wastes. (Checklist 189).             8, 2000.           Sections 5.103
                                                         and 5.105
                                                         (Vernon 2000),
                                                         effective
                                                         September 1,
                                                         1995, as
                                                         amended; Texas
                                                         Health & Safety
                                                         Code Annotated
                                                         Section 361.017
                                                         (Vernon 2001)
                                                         effective
                                                         September 1,
                                                         1995, as
                                                         amended; Texas
                                                         Health & Safety
                                                         Code Annotated
                                                         Section 361.024
                                                         (Vernon 2001),
                                                         effective
                                                         September 1,
                                                         1989, as
                                                         amended; Texas
                                                         Health & Safety
                                                         Code Annotated
                                                         Section 361.078
                                                         (Vernon 2001),
                                                         effective
                                                         September 1,
                                                         1989, as
                                                         amended; 30
                                                         Texas
                                                         Administrative
                                                         Code Sections
                                                         335.504,
                                                         335.29(2),
                                                         335.29(3), and
                                                         335.431(c), as
                                                         adopted July
                                                         25, 2007,
                                                         effective
                                                         August 16,
                                                         2007.
3. Land Disposal Restrictions Phase  65 FR 81373-       Texas Water Code
 IV--Deferral for PCBs in Soil.       81381, December    Annotated
 (Checklist 190).                     26, 2000.          Sections 5.103
                                                         and 5.105
                                                         (Vernon 2000),
                                                         effective
                                                         September 1,
                                                         1995, as
                                                         amended; Texas
                                                         Health & Safety
                                                         Code Annotated
                                                         Section 361.017
                                                         (Vernon 2001)
                                                         effective
                                                         September 1,
                                                         1995, as
                                                         amended; Texas
                                                         Health & Safety
                                                         Code Annotated
                                                         Section 361.024
                                                         (Vernon 2001),
                                                         effective
                                                         September 1,
                                                         1989, as
                                                         amended; Texas
                                                         Health & Safety
                                                         Code Annotated
                                                         Section 361.078
                                                         (Vernon 2001),
                                                         effective
                                                         September 1,
                                                         1989, as
                                                         amended; 30
                                                         Texas
                                                         Administrative
                                                         Code Section
                                                         335.431(c), as
                                                         adopted July
                                                         25, 2007,
                                                         effective
                                                         August 16,
                                                         2007.
4. Mixture and Derived-From Rule     66 FR 27266-       Texas Water Code
 Revisions (Checklist 192A).          27297, May 16,     Annotated
                                      2001.              Sections 5.103
                                                         and 5.105
                                                         (Vernon 2000),
                                                         effective
                                                         September 1,
                                                         1995, as
                                                         amended; Texas
                                                         Health & Safety
                                                         Code Annotated
                                                         Section 361.017
                                                         (Vernon 2001)
                                                         effective
                                                         September 1,
                                                         1995, as
                                                         amended; Texas
                                                         Health & Safety
                                                         Code Annotated
                                                         Section 361.024
                                                         (Vernon 2001),
                                                         effective
                                                         September 1,
                                                         1989, as
                                                         amended; Texas
                                                         Health & Safety
                                                         Code Annotated
                                                         Section 361.078
                                                         (Vernon 2001),
                                                         effective
                                                         September 1,
                                                         1989, as
                                                         amended; 30
                                                         Texas
                                                         Administrative
                                                         Code Section
                                                         335.1(62) and
                                                         (64) as adopted
                                                         July 25, 2007,
                                                         effective
                                                         August 16,
                                                         2007.

5. Land Disposal Restrictions        66 FR 27266-       Texas Water Code
 Corrections. (Checklist 192 B).      27297, May 16,     Annotated
                                      2001.              Sections 5.103
                                                         and 5.105
                                                         (Vernon 2000),
                                                         effective
                                                         September 1,
                                                         1995, as
                                                         amended; Texas
                                                         Health & Safety
                                                         Code Annotated
                                                         Section 361.017
                                                         (Vernon 2001)
                                                         effective
                                                         September 1,
                                                         1995, as
                                                         amended; Texas
                                                         Health & Safety
                                                         Code Annotated
                                                         Section 361.024
                                                         (Vernon 2001),
                                                         effective
                                                         September 1,
                                                         1989, as
                                                         amended; Texas
                                                         Health & Safety
                                                         Code Annotated
                                                         Section 361.078
                                                         (Vernon 2001),
                                                         effective
                                                         September 1,
                                                         1989, as
                                                         amended; 30
                                                         Texas
                                                         Administrative
                                                         Code Sections
                                                         335.431(c),
                                                         335.1 (64), as
                                                         adopted July
                                                         25, 2007,
                                                         effective
                                                         August 16,
                                                         2007.
6. Change of Official EPA Mailing    66 FR 34374-       Texas Water Code
 Address. (Checklist 193).            34376, June 28,    Annotated
                                      2001.              Sections 5.103
                                                         and 5.105
                                                         (Vernon 2000),
                                                         effective
                                                         September 1,
                                                         1995, as
                                                         amended; Texas
                                                         Health & Safety
                                                         Code Annotated
                                                         Section 361.017
                                                         (Vernon 2001)
                                                         effective
                                                         September 1,
                                                         1995, as
                                                         amended; Texas
                                                         Health & Safety
                                                         Code Annotated
                                                         Section 361.024
                                                         (Vernon 2001),
                                                         effective
                                                         September 1,
                                                         1989, as
                                                         amended; Texas
                                                         Health & Safety
                                                         Code Annotated
                                                         Section 361.078
                                                         (Vernon 2001),
                                                         effective
                                                         September 1,
                                                         1989, as
                                                         amended; 30
                                                         Texas
                                                         Administrative
                                                         Code Section
                                                         335.31, as
                                                         adopted July
                                                         25, 2007,
                                                         effective
                                                         August 16,
                                                         2007.
7. Mixed and Derived-From Rules      66 FR 50332-       Texas Water Code
 Revision II. (Checklist 194).        50334, October,    Annotated
                                      3, 2001.           Sections 5.103
                                                         and 5.105
                                                         (Vernon 2000),
                                                         effective
                                                         September 1,
                                                         1995, as
                                                         amended; Texas
                                                         Health & Safety
                                                         Code Annotated
                                                         Section 361.017
                                                         (Vernon 2001)
                                                         effective
                                                         September 1,
                                                         1995, as
                                                         amended; Texas
                                                         Health & Safety
                                                         Code Annotated
                                                         Section 361.024
                                                         (Vernon 2001),
                                                         effective
                                                         September 1,
                                                         1989, as
                                                         amended; Texas
                                                         Health & Safety
                                                         Code Annotated
                                                         Section 361.078
                                                         (Vernon 2001),
                                                         effective
                                                         September 1,
                                                         1989, as
                                                         amended; 30
                                                         Texas
                                                         Administrative
                                                         Code Sections
                                                         335.1(62) and
                                                         335.1(64), as
                                                         adopted July
                                                         25, 2007,
                                                         effective
                                                         August 16,
                                                         2007.

8. Inorganic Chemical Manufacturing  66 FR 58258,       Texas Water Code
 Waste Identification and Listing.    November 20,       Annotated
 (Checklist 195).                     2001; 67 FR        Sections 5.103
                                      17119-17120,       and 5.105
                                      April 9, 2002.     (Vernon 2000),
                                                         effective
                                                         September 1,
                                                         1995, as
                                                         amended; Texas
                                                         Health & Safety
                                                         Code Annotated
                                                         Section 361.017
                                                         (Vernon 2001)
                                                         effective
                                                         September 1,
                                                         1995, as
                                                         amended; Texas
                                                         Health & Safety
                                                         Code Annotated
                                                         Section 361.024
                                                         (Vernon 2001),
                                                         effective
                                                         September 1,
                                                         1989, as
                                                         amended; Texas
                                                         Health & Safety
                                                         Code Annotated
                                                         Section 361.078
                                                         (Vernon 2001),
                                                         effective
                                                         September 1,
                                                         1989, as
                                                         amended; 30
                                                         Texas
                                                         Administrative
                                                         Code Sections
                                                         335.1(133)(A)(i
                                                         v), 335.504(2),
                                                         335.29(2), and
                                                         335.431(c)(1),
                                                         and as adopted
                                                         July 25, 2007,
                                                         effective
                                                         August 16,
                                                         2007.
9. Corrective Action Management      67 FR 2962-3029,   Texas Water Code
 Units Amendments. (Checklist 196).   January 22, 2002.  Annotated
                                                         Sections 5.103
                                                         and 5.105
                                                         (Vernon 2000),
                                                         effective
                                                         September 1,
                                                         1995, as
                                                         amended; Texas
                                                         Health & Safety
                                                         Code Annotated
                                                         Section 361.017
                                                         (Vernon 2001)
                                                         effective
                                                         September 1,
                                                         1995, as
                                                         amended; Texas
                                                         Health & Safety
                                                         Code Annotated
                                                         Section 361.024
                                                         (Vernon 2001),
                                                         effective
                                                         September 1,
                                                         1989, as
                                                         amended; Texas
                                                         Health & Safety
                                                         Code Annotated
                                                         Section 361.078
                                                         (Vernon 2001),
                                                         effective
                                                         September 1,
                                                         1989, as
                                                         amended; 30
                                                         Texas
                                                         Administrative
                                                         Code Sections
                                                         335.1(33),
                                                         335.1(123),
                                                         335.152(a)(14)
                                                         and
                                                         335.431(c)(1),
                                                         as adopted July
                                                         25, 2007,
                                                         effective
                                                         August 16,
                                                         2007.
10. Hazardous Air Pollutant          67 FR 6968-6996,   Texas Water Code
 Standards for Combustors:            February 14,       Annotated
 Corrections. (Checklist 198).        2002.              Sections 5.103
                                                         and 5.105
                                                         (Vernon 2000),
                                                         effective
                                                         September 1,
                                                         1995, as
                                                         amended; Texas
                                                         Health & Safety
                                                         Code Annotated
                                                         Section 361.017
                                                         (Vernon 2001)
                                                         effective
                                                         September 1,
                                                         1995, as
                                                         amended; Texas
                                                         Health & Safety
                                                         Code Annotated
                                                         Section 361.024
                                                         (Vernon 2001),
                                                         effective
                                                         September 1,
                                                         1989, as
                                                         amended; Texas
                                                         Health & Safety
                                                         Code Annotated
                                                         Section 361.078
                                                         (Vernon 2001),
                                                         effective
                                                         September 1,
                                                         1989, as
                                                         amended; 30
                                                         Texas
                                                         Administrative
                                                         Code Sections
                                                         335.221(a)(1),
                                                         and
                                                         305.69(i)(1),
                                                         as adopted July
                                                         25, 2007,
                                                         effective
                                                         August 16,
                                                         2007.

11. Vacatur of Mineral Processing    67 FR 11251-       Texas Water Code
 Spent Materials Being Reclaimed as   11254, March 13,   Annotated
 Solid Waste and TCLP Use with MGP    2002.              Sections 5.103
 Waste. (Checklist 199).                                 and 5.105
                                                         (Vernon 2000),
                                                         effective
                                                         September 1,
                                                         1995, as
                                                         amended; Texas
                                                         Health & Safety
                                                         Code Annotated
                                                         Section 361.017
                                                         (Vernon 2001)
                                                         effective
                                                         September 1,
                                                         1995, as
                                                         amended; Texas
                                                         Health & Safety
                                                         Code Annotated
                                                         Section 361.024
                                                         (Vernon 2001),
                                                         effective
                                                         September 1,
                                                         1989, as
                                                         amended; Texas
                                                         Health & Safety
                                                         Code Annotated
                                                         Section 361.078
                                                         (Vernon 2001),
                                                         effective
                                                         September 1,
                                                         1989, as
                                                         amended; 30
                                                         Texas
                                                         Administrative
                                                         Code Sections
                                                         335.1(133)(D)(i
                                                         ii),
                                                         335.1(133)(A)(i
                                                         v), and
                                                         335.504(3), as
                                                         adopted July
                                                         25, 2007,
                                                         effective
                                                         August 16,
                                                         2007.
12. Hazardous Air Pollutant          67 FR 77687-       Texas Water Code
 Standards for Combustors--           77692, December    Annotated
 Corrections 2. (Checklist 202).      19, 2002.          Sections 5.103
                                                         and 5.105
                                                         (Vernon 2000),
                                                         effective
                                                         September 1,
                                                         1995, as
                                                         amended; Texas
                                                         Health & Safety
                                                         Code Annotated
                                                         Section 361.017
                                                         (Vernon 2001)
                                                         effective
                                                         September 1,
                                                         1995, as
                                                         amended; Texas
                                                         Health & Safety
                                                         Code Annotated
                                                         Section 361.024
                                                         (Vernon 2001),
                                                         effective
                                                         September 1,
                                                         1989, as
                                                         amended; Texas
                                                         Health & Safety
                                                         Code Annotated
                                                         Section 361.078
                                                         (Vernon 2001),
                                                         effective
                                                         September 1,
                                                         1989, as
                                                         amended; 30
                                                         Texas
                                                         Administrative
                                                         Code Sections
                                                         305.175 and
                                                         305.571(b), as
                                                         adopted July
                                                         25, 2007,
                                                         effective
                                                         August 16,
                                                         2007.
13. Nonwastewaters from Dyes and     70 FR 9138-9180,   Texas Water Code
 Pigments. (Checklist 206).           February 24,       Annotated
                                      2005.              Sections 5.103
                                                         and 5.105
                                                         (Vernon 2000),
                                                         effective
                                                         September 1,
                                                         1995, as
                                                         amended; Texas
                                                         Health & Safety
                                                         Code Annotated
                                                         Section 361.017
                                                         (Vernon 2001)
                                                         effective
                                                         September 1,
                                                         1995, as
                                                         amended; Texas
                                                         Health & Safety
                                                         Code Annotated
                                                         Section 361.024
                                                         (Vernon 2001),
                                                         effective
                                                         September 1,
                                                         1989, as
                                                         amended; Texas
                                                         Health & Safety
                                                         Code Annotated
                                                         Section 361.078
                                                         (Vernon 2001),
                                                         effective
                                                         September 1,
                                                         1989, as
                                                         amended; 30
                                                         Texas
                                                         Administrative
                                                         Code Sections
                                                         335.1(133)(A)(i
                                                         v), 335.504(1)-
                                                         (2), and
                                                         335.431(c)(1)
                                                         July 25, 2007,
                                                         effective
                                                         August 16,
                                                         2007.
------------------------------------------------------------------------

H. Where Are the Revised State Rules Different From the Federal Rules?

    The State hazardous waste program is equivalent to the Federal
program and there is no broader in scope provisions in this program
revision.

I. Who Handles Permits After the Authorization Takes Effect?

    The State of Texas will issue permits for all the provisions for
which it is authorized and will administer the permits it issues. The
EPA will continue to administer any RCRA hazardous waste permits or
portions of permits which we issued prior to the effective date of this
authorization. We will not issue any more new permits or new portions
of permits for the provisions listed in the Table in this document
after the effective date of this

authorization. The EPA will continue to implement and issue permits for
HSWA requirements for which Texas is not yet authorized.

J. How Does Today's Action Affect Indian Country (18 U.S.C. 1151) in
Texas?

    The State of Texas Hazardous Program is not being authorized to
operate in Indian Country.

K. What Is Codification and Is the EPA Codifying Texas' Hazardous Waste
Program as Authorized in This Rule?

    Codification is the process of placing the State's statutes and
regulations that comprise the State's authorized hazardous waste
program into the CFR. We do this by referencing the authorized State
rules in 40 CFR part 272. We reserve the amendment of 40 CFR part 272,
subpart SS for this authorization of Texas' program changes until a
later date. In this authorization application the EPA is not codifying
the rules documented in this Federal Register notice.

I. Administrative Requirements

    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
action authorizes State requirements for the purpose of RCRA section
3006 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 action authorizes preexisting requirements under State law and
does not impose any additional enforceable duty beyond that required by
State law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4). For the same reason, this
action also does not significantly or uniquely affect the communities
of Tribal governments, as specified by Executive Order 13175 (65 FR
67249, November 9, 2000). This action will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it
merely authorizes State requirements as part of the State RCRA
hazardous waste program without altering the relationship or the
distribution of power and responsibilities established by RCRA. This
action also is not subject to Executive Order 13045 (62 FR 19885, April
23, 1997), because it is not economically significant and it does not
make decisions based on environmental health or safety risks. This 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.
    Under RCRA section 3006(b), the EPA grants a State's application
for authorization as long as the State meets the criteria required by
RCRA. It would thus be inconsistent with applicable law for the EPA,
when it reviews a State authorization application, to require the use
of any particular voluntary consensus standard in place of another
standard that otherwise satisfies the requirements of RCRA. Thus, the
requirements of section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996),
in issuing this 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.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this document
and other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication in the Federal Register. A major rule cannot take effect
until 60 days after it is published in the Federal Register. This
action is not a ``major rule'' as defined by 5 U.S.C. 804(2). This
action will be effective July 13, 2009.

List of Subjects in 40 CFR Part 271

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

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

    Dated: April 22, 2009.
Lawrence E. Starfield,
Acting Regional Administrator, Region 6.
[FR Doc. E9-11196 Filed 5-12-09; 8:45 am]

BILLING CODE 6560-50-P


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

General Comment:June 23, 2014

Mr. Mitch Zeller Director, Center for Tobacco Products Food and Drug Administration 9200 Corporate Boulevard Rockville, MD  20850

Re:  FDA-2014-N-0189 Request for Extension of Comment Period

Dear Director Zeller:

The International Premium Cigar & Pipe Retailers Association (IPCPR) writes in response to the April 25, 2014, Notice of Proposed Rulemaking (NPRM) on the deeming of tobacco products under the Family Smoking Prevention and Tobacco Control Act.  The NPRM states that the Food and Drug Administration (FDA) will accept comments, data, research, and other information in response to the NPRM for a period of 75 days.  While we applaud FDA for recently extending the comment period an additional 30 days, we respectfully request that FDA extend this comment period again by an additional 45 days.  We base our request on the following considerations.

FDA is charged with addressing public health issues raised by tobacco products through a science-based approach.  The Agency has spent several years evaluating the regulation of tobacco products not included in the original Tobacco Control Act, illustrating the complexity of the questions on this topic.  FDA now proposes to permit the public, including the regulated industry, only 105 days to provide substantive comments on both the NPRM and the underlying FDA scientific evaluation.  Previous public comment periods for Agency rulemakings have lasted for as many as 180 days.

In addition to the scientific complexity of the issue, the NPRM proposes a regulatory structure that would have significant bearing on a wide range of affected parties.  As FDA has previously acknowledged, the NPRM would have an impact on international trade and investment and small businesses across America.  Furthermore, FDA has previously received communications from foreign governments and directives from the U.S. Congress on the issue.  Those entities, as well as ours, should be afforded a reasonable period of time to quantify the impacts of the NPRM and then communicate assessments to the Agency.

Accordingly, we ask the Agency to provide the public with additional time to provide scientific and evidence-based responses to inform FDA’s future decision making.  We appreciate your consideration of our request.

Sincerely,

  Finnie P. Helmuth, President


[Federal Register Volume 79, Number 3 (Monday, January 6, 2014)]
[Notices]
[Pages 649-651]
[FR Doc No: 2013-31577]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER10-1836-005; ER10-2005-005; ER11-26-005; ER10-
1849-004; ER10-1847-005; ER13-1992-002; ER13-1991-002; ER10-1846-004;
ER10-1845-005; ER10-1844-005; ER10-1843-005; ER13-712-004; ER10-1841-
005; ER12-569-005; ER10-1915-004; ER10-2551-004; ER10-1838-004; ER12-
631-006; ER10-1995-004; ER10-2078-006; ER10-1994-004; ER10-1993-004;
ER10-1992-005; ER11-4678-006; ER10-1971-014; ER10-1972-005; ER10-1973-
004; ER10-1951-005; ER10-1974-012; ER10-1975-012; ER12-2444-005; ER10-
1976-005; ER10-1983-005; ER10-1984-005; ER11-2365-005; ER10-1985-005;
ER10-1986-004; ER12-676-005; ER11-2192-006; ER10-1989-005; ER10-1990-
004; ER13-2474-001; ER10-1991-005; ER12-1660-005; ER10-1925-005; ER10-
1920-006; ER10-1918-005; ER10-1907-005; ER10-1906-004; ER10-1905-005;
ER11-2160-005; ER10-1903-004; ER10-1902-004; ER10-1899-004; ER11-2037-
004; ER13-752-003; ER12-2227-004; ER10-1851-004; ER10-1852-005; ER10-
1855-004; ER10-1856-005; ER10-1857-004; ER10-1887-004; ER10-1890-005;
ER10-1897-005; ER10-1927-005; ER10-1928-006; ER11-2642-005; ER10-1930-
004; ER10-1931-005; ER11-4677-006; ER10-1970-005; ER11-4462-007; ER14-
21-002; ER12-895-004; ER12-1880-005; ER11-4428-006; ER10-2720-006;
ER10-1968-004; ER10-1967-004; ER10-1966-005; ER12-2225-004; ER12-2226-
004; ER10-1965-005; ER10-1964-005; ER10-1963-004; ER12-1228-004; ER10-
1962-005; ER12-1228-005; ER10-1961-004; ER10-2006-006; ER11-3635-005;
ER10-1952-004; ER13-2112-001; ER10-1950-005; ER10-1935-004; ER10-1932-
004.
    Applicants: Ashtabula Wind, LLC, Ashtabula Wind II, LLC, Ashtabula
Wind III, LLC, Backbone Mountain

Windpower LLC, Baldwin Wind, LLC, Bayswater Peaking Facility, LLC,
Blackwell Wind, LLC, Butler Ridge Wind Energy Center, LLC, Cimarron
Wind Energy, LLC, Crystal Lake Wind, LLC, Crystal Lake Wind II, LLC,
Crystal Lake Wind III, LLC, Day County Wind, LLC, Desert Sunlight 250,
LLC, Desert Sunlight 300, LLC, Diablo Winds, LLC, Elk City Wind, LLC,
Elk City II Wind, LLC, Energy Storage Holdings, LLC, Ensign Wind, LLC,
ESI Vansycle Partners, L.P., Florida Power & Light Company, FPL Energy
Burleigh County Wind, LLC, FPL Energy Cabazon Wind, LLC, FPL Energy
Cape, LLC, FPL Energy Cowboy Wind, LLC, FPL Energy Green Power Wind,
LLC, FPL Energy Hancock County Wind, LLC, FPL Energy Illinois Wind,
LLC, FPL Energy Marcus Hook, L.P., FPL Energy MH50 L.P., FPL Energy
Montezuma Wind, LLC, FPL Energy Mower County, LLC, FPL Energy New
Mexico Wind, LLC, FPL Energy North Dakota Wind, LLC, FPL Energy North
Dakota Wind II, LLC, FPL Energy Oklahoma Wind, LLC, FPL Energy Oliver
Wind I, LLC, FPL Energy Oliver Wind II, LLC, FPL Energy Sooner Wind,
LLC, FPL Energy South Dakota Wind, LLC, FPL Energy Stateline II, Inc.,
FPL Energy Vansycle, L.L.C., FPL Energy Wyman, LLC, FPL Energy Wyman
IV, LLC, Garden Wind, LLC, Genesis Solar, LLC, Gray County Wind Energy,
LLC, Hatch Solar Energy Center I, LLC, Hawkeye Power Partners, LLC,
High Majestic Wind Energy Center, LLC, High Majestic Wind II, LLC, High
Winds, LLC, Jamaica Bay Peaking Facility, LLC, Lake Benton Power
Partners II, LLC, Langdon Wind, LLC, Limon Wind, LLC, Limon Wind II,
LLC, Logan Wind Energy LLC, Meyersdale Windpower LLC, Mill Run
Windpower, LLC, Minco Wind, LLC, Minco Wind II, LLC, Minco Wind III,
LLC, Minco Wind Interconnection Services, LLC, Mountain View Solar,
LLC, NEPM II, LLC, NextEra Energy Duane Arnold, LLC, NextEra Energy
Montezuma II Wind, LLC, NextEra Energy Power Marketing, LLC, NextEra
Energy Point Beach, LLC, NextEra Energy Seabrook, LLC, NextEra Energy
Services Massachusetts, LLC, Northeast Energy Associates, A Limited
Partnership, North Jersey Energy Associates, A Limited Partnership,
North Sky River Energy, LLC, Northern Colorado Wind Energy, LLC,
Osceola Windpower, LLC, Osceola Windpower II, LLC, Paradise Solar Urban
Renewal, L.L.C., Peetz Table Wind Energy, LLC, Pennsylvania Windfarms,
Inc., Perrin Ranch Wind, LLC, Red Mesa Wind, LLC, Sky River LLC,
Somerset Windpower, LLC, Steele Flats Wind Projects, LLC, Story Wind,
LLC, Tuscola Bay Wind, LLC, Vasco Winds, LLC, Waymart Wind Farm, L.P.,
Wessington Wind Energy Center, LLC, White Oak Energy LLC, Wilton Wind
II, LLC, Windpower Partners 1993, LLC.
    Description: NextEra Resources Entities Notification of Non-
Material Change in Status One Day Out-of-Time.
    Filed Date: 12/23/13.
    Accession Number: 20131223-5280.
    Comments Due: 5 p.m. ET 1/13/14.

    Docket Numbers: ER10-3145-005; ER10-3147-005; ER13-442-002; ER10-
3120-005; ER11-2036-005; ER13-1544-002; ER10-3128-005; ER11-3131-002;
ER13-1139-005; ER10-1800-005; ER10-3136-005; ER11-2701-007; ER10-1728-
005; ER10-2491-005; ER97-2904-013; ER97-4222-004; ER10-3116-005.
    Applicants: The AES Corporation, AES Armenia Mountain Wind, LLC,
AES Beaver Valley, LLC, AES Energy Storage, LLC, AES Huntington Beach,
L.L.C., AES Laurel Mountain, LLC, AES ES Tait, LLC, AES Redondo Beach,
L.L.C., Condon Wind Power, LLC, Imperial Valley Solar 1, LLC,
Indianapolis Power & Light Company, Mountain View Power Partners, LLC,
Mountain View Power Partners IV, LLC, The Dayton Power and Light
Company, DPL Energy, LLC, Lake Benton Power Partners LLC, Storm Lake
Power Partners II, LLC.
    Description: Triennial Market Power Update for the Northeast Region
of AES MBR Affiliates.
    Filed Date: 12/26/13.
    Accession Number: 20131226-5072.
    Comments Due: 5 p.m. ET 2/25/14.

    Docket Numbers: ER14-840-000.
    Applicants: APDC, Inc.
    Description: Tariff Amendment--Order No. 784 to be effective 12/27/
2013.
    Filed Date: 12/26/13.
    Accession Number: 20131226-5057.
    Comments Due: 5 p.m. ET 1/16/14.

    Docket Numbers: ER14-841-000.
    Applicants: Atlantic Power Energy Services (US) LLC.
    Description: Atlantic Power Energy Services (US) LLC submits tariff
filing per 35: Tariff Amendment--Order No. 784 to be effective 12/27/
2013.
    Filed Date: 12/26/13.
    Accession Number: 20131226-5059.
    Comments Due: 5 p.m. ET 1/16/14.

    Docket Numbers: ER14-842-000.
    Applicants: Manchief Power Company LLC.
    Description: Manchief Power Company LLC submits tariff filing per
35: Tariff Amendment--Order No. 784 to be effective 12/27/2013.
    Filed Date: 12/27/13.
    Accession Number: 20131227-5000.
    Comments Due: 5 p.m. ET 1/17/14.

    Docket Numbers: ER14-843-000.
    Applicants: Meadow Creek Project Company LLC.
    Description: Meadow Creek Project Company LLC submits tariff filing
per 35: Tariff Amendment--Order No. 784 to be effective 12/27/2013.
    Filed Date: 12/27/13.
    Accession Number: 20131227-5001.
    Comments Due: 5 p.m. ET 1/17/14.

    Docket Numbers: ER14-844-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc. submits tariff filing per
35: Order No. 676-G Compliance Filing to be effective 5/6/2013.
    Filed Date: 12/27/13.
    Accession Number: 20131227-5019.
    Comments Due: 5 p.m. ET 1/17/14.

    Docket Numbers: ER14-845-000.
    Applicants: El Paso Electric Company.
    Description: El Paso Electric Company submits tariff filing per 35:
OATT Order No. 784 Compliance Filing to be effective 2/25/2014.
    Filed Date: 12/27/13.
    Accession Number: 20131227-5020.
    Comments Due: 5 p.m. ET 1/17/14.

    Docket Numbers: ER14-846-000.
    Applicants: Northern States Power Company, a Minnesota Corporation.
    Description: Northern States Power Company, a Minnesota corporation
submits tariff filing per 35.13(a)(2)(iii): 2013-12-27--NSP Interchange
Agrmt Amended Exhibits Filing to be effective 1/1/2013.
    Filed Date: 12/27/13.
    Accession Number: 20131227-5029.
    Comments Due: 5 p.m. ET 1/17/14.

    Take notice that the Commission received the following foreign
utility company status filings:

    Docket Numbers: FC14-12-000.
    Applicants: Tropical BioEnergia S.A.
    Description: Self-Certification of Foreign Utility Company Status
of Tropical BioEnergia S.A.
    Filed Date: 12/27/13.
    Accession Number: 20131227-5026.
    Comments Due: 5 p.m. ET 1/17/14.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.

    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: December 27, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-31577 Filed 1-3-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 215 (Thursday, November 6, 2014)]
[Notices]
[Page 66026]
[FR Doc No: 2014-26399]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Agency Information Collection Activities: Requests for Comments;
Clearance of Renewed Approval of Information Collection(s): Flight
Engineers and Flight Navigators

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of
Management and Budget (OMB) approval to renew an information
collection. The Federal Register Notice with a 60-day comment period
soliciting comments on the following collection of information was
published on September 3, 2014, vol. 79, no. 170, pages 52404-52405.
Information collected is used to determine certification eligibility of
Flight Engineers and Flight Navigators.

DATES: Written comments should be submitted by December 8, 2014.

FOR FURTHER INFORMATION CONTACT: Kathy DePaepe at<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    OMB Control Number: 2120-0007.
    Title: Flight Engineers and Flight Navigators.
    Form Numbers: FAA Form 8400-3.
    Type of Review: Renewal of an information collection.
    Background: FAA Form 8400-3, Application for an Airman Certificate
and/or Rating (for flight engineer and flight navigator) and
applications for approval of related training courses are submitted to
FAA for evaluation. The information is reviewed to determine applicant
eligibility and compliance with prescribed provisions of FAR Part 63,
Certification: Flight Crewmembers Other Than Pilots.
    Respondents: Approximately 1,004 flight engineers and flight
navigators.
    Frequency: Information is collected on occasion.
    Estimated Average Burden per Response: 15 minutes.
    Estimated Total Annual Burden: 498 hours.

ADDRESSES: Interested persons are invited to submit written comments on
the proposed information collection to the Office of Information and
Regulatory Affairs, Office of Management and Budget. Comments should be
addressed to the attention of the Desk Officer, Department of
Transportation/FAA, and sent via electronic mail to
<EMAIL_ADDRESS>or faxed to<PHONE_NUMBER>, or mailed to
the Office of Information and Regulatory Affairs, Office of Management
and Budget, Docket Library, Room 10102, 725 17th Street NW.,
Washington, DC 20503.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.

    Issued in Washington, DC, on November 3, 2014.
Albert R. Spence,
FAA Assistant Information Collection Clearance Officer, IT Enterprises
Business Services Division, ASP-110.
[FR Doc. 2014-26399 Filed 11-5-14; 8:45 am]
BILLING CODE 4910-13-P