[Federal Register Volume 83, Number 12 (Thursday, January 18, 2018)]
[Proposed Rules]
[Pages 2576-2581]
[FR Doc No: 2018-00623]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-OLEM-2017-0603, 0604, 0605, 0606, 0607, 0608, 0609, 0610, 0611
and 0612, EPA-HQ-SFUND-2010-1086; FRL-9972-99-OLEM]

National Priorities List

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Comprehensive Environmental Response, Compensation, and
Liability Act (``CERCLA'' or ``the Act''), as amended, requires that
the National Oil and Hazardous Substances Pollution Contingency Plan
(``NCP'') include a list of national priorities among the known
releases or threatened releases of hazardous substances, pollutants or
contaminants throughout the United States. The National Priorities List
(``NPL'') constitutes this list. The NPL is intended primarily to guide
the Environmental Protection Agency (``EPA'' or ``the agency'') in
determining which sites warrant further investigation. These further
investigations will allow the EPA to assess the nature and extent of
public health and environmental risks associated with the site and to
determine what CERCLA-financed remedial action(s), if any, may be
appropriate. This rule proposes to add ten sites to the General
Superfund section of the NPL.

DATES: Comments regarding any of these proposed listings must be
submitted (postmarked) on or before March 19, 2018.

ADDRESSES: Identify the appropriate docket number from the table below.
    Docket Identification Numbers by Site:

------------------------------------------------------------------------
                                   City/county,
           Site name                  state            Docket ID No.
------------------------------------------------------------------------
Orange County North Basin.....  Orange County, CA  EPA-HQ-OLEM-2017-0603
Hockessin Groundwater.........  Hockessin, DE....  EPA-HQ-OLEM-2017-0604
Broadway Street Corridor        Anderson, IN.....  EPA-HQ-OLEM-2017-0605
 Groundwater Contamination.
Franklin Street Groundwater     Spencer, IN......  EPA-HQ-OLEM-2017-0606
 Contamination.
Spring Park Municipal Well      Spring Park, MN..  EPA-HQ-OLEM-2017-0607
 Field.
Rockwell International Wheel &  Grenada, MS......  EPA-HQ-OLEM-2017-0608
 Trim.
Burlington Industries Cheraw..  Cheraw, SC.......  EPA-HQ-OLEM-2017-0609
Southside Chattanooga Lead      Chattanooga, TN..  EPA-HQ-OLEM-2017-0610
 Site.
Lane Plating Works, Inc.......  Dallas, TX.......  EPA-HQ-OLEM-2017-0611
River City Metal Finishing....  San Antonio, TX..  EPA-HQ-OLEM-2017-0612
------------------------------------------------------------------------

    Submit your comments, identified by the appropriate docket number,
at https://www.regulations.gov. Follow the online instructions for
submitting comments. Once submitted, comments cannot be edited or
removed from Regulations.gov. The EPA may publish any comment received
to its public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
    To send a comment via the United States Postal Service, use the
following address: U.S. Environmental Protection Agency, EPA Superfund
Docket Center,

Mailcode 28221T, 1200 Pennsylvania Avenue NW, Washington, DC 20460.
    Use the Docket Center address below if you are using express mail,
commercial delivery, hand delivery or courier. Delivery verification
signatures will be available only during regular business hours: EPA
Superfund Docket Center, WJC West Building, Room 3334, 1301
Constitution Avenue NW, Washington, DC 20004.
    For additional docket addresses and further details on their
contents, see section II, ``Public Review/Public Comment,'' of the
Supplementary Information portion of this preamble.

FOR FURTHER INFORMATION CONTACT: Terry Jeng, phone:<PHONE_NUMBER>,
email: [email protected], Site Assessment and Remedy Decisions Branch,
Assessment and Remediation Division, Office of Superfund Remediation
and Technology Innovation (Mailcode 5204P), U.S. Environmental
Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460;
or the Superfund Hotline, phone<PHONE_NUMBER> or<PHONE_NUMBER> in the
Washington, DC, metropolitan area.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
    A. What are CERCLA and SARA?
    B. What is the NCP?
    C. What is the National Priorities List (NPL)?
    D. How are sites listed on the NPL?
    E. What happens to sites on the NPL?
    F. Does the NPL define the boundaries of sites?
    G. How are sites removed from the NPL?
    H. May the EPA delete portions of sites from the NPL as they are
cleaned up?
    I. What is the Construction Completion List (CCL)?
    J. What is the Sitewide Ready for Anticipated Use measure?
    K. What is state/tribal correspondence concerning NPL listing?
II. Public Review/Public Comment
    A. May I review the documents relevant to this proposed rule?
    B. How do I access the documents?
    C. What documents are available for public review at the EPA
Headquarters docket?
    D. What documents are available for public review at the EPA
regional dockets?
    E. How do I submit my comments?
    F. What happens to my comments?
    G. What should I consider when preparing my comments?
    H. May I submit comments after the public comment period is
over?
    I. May I view public comments submitted by others?
    J. May I submit comments regarding sites not currently proposed
to the NPL?
III. Contents of This Proposed Rule
    Proposed Additions to the NPL
IV. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Executive Order 13771: Reducing Regulation and Controlling
Regulatory Costs
    C. Paperwork Reduction Act (PRA)
    D. Regulatory Flexibility Act (RFA)
    E. Unfunded Mandates Reform Act (UMRA)
    F. Executive Order 13132: Federalism
    G. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
    H. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
    I. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
    J. National Technology Transfer and Advancement Act (NTTAA)
    K. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations

I. Background

A. What are CERCLA and SARA?

    In 1980, Congress enacted the Comprehensive Environmental Response,
Compensation, and Liability Act, 42 U.S.C. 9601-9675 (``CERCLA'' or
``the Act''), in response to the dangers of uncontrolled releases or
threatened releases of hazardous substances, and releases or
substantial threats of releases into the environment of any pollutant
or contaminant that may present an imminent or substantial danger to
the public health or welfare. CERCLA was amended on October 17, 1986,
by the Superfund Amendments and Reauthorization Act (``SARA''), Public
Law 99-499, 100 Stat. 1613 et seq.

B. What is the NCP?

    To implement CERCLA, the EPA promulgated the revised National Oil
and Hazardous Substances Pollution Contingency Plan (``NCP''), 40 CFR
part 300, on July 16, 1982 (47 FR 31180), pursuant to CERCLA section
105 and Executive Order 12316 (46 FR 42237, August 20, 1981). The NCP
sets guidelines and procedures for responding to releases and
threatened releases of hazardous substances or releases or substantial
threats of releases into the environment of any pollutant or
contaminant that may present an imminent or substantial danger to the
public health or welfare. The EPA has revised the NCP on several
occasions. The most recent comprehensive revision was on March 8, 1990
(55 FR 8666).
    As required under section 105(a)(8)(A) of CERCLA, the NCP also
includes ``criteria for determining priorities among releases or
threatened releases throughout the United States for the purpose of
taking remedial action and, to the extent practicable taking into
account the potential urgency of such action, for the purpose of taking
removal action.'' ``Removal'' actions are defined broadly and include a
wide range of actions taken to study, clean up, prevent or otherwise
address releases and threatened releases of hazardous substances,
pollutants or contaminants (42 U.S.C. 9601(23)).

C. What is the National Priorities List (NPL)?

    The NPL is a list of national priorities among the known or
threatened releases of hazardous substances, pollutants or contaminants
throughout the United States. The list, which is appendix B of the NCP
(40 CFR part 300), was required under section 105(a)(8)(B) of CERCLA,
as amended. Section 105(a)(8)(B) defines the NPL as a list of
``releases'' and the highest priority ``facilities'' and requires that
the NPL be revised at least annually. The NPL is intended primarily to
guide the EPA in determining which sites warrant further investigation
to assess the nature and extent of public health and environmental
risks associated with a release of hazardous substances, pollutants or
contaminants. The NPL is only of limited significance, however, as it
does not assign liability to any party or to the owner of any specific
property. Also, placing a site on the NPL does not mean that any
remedial or removal action necessarily need be taken.
    For purposes of listing, the NPL includes two sections, one of
sites that are generally evaluated and cleaned up by the EPA (the
``General Superfund section''), and one of sites that are owned or
operated by other federal agencies (the ``Federal Facilities
section''). With respect to sites in the Federal Facilities section,
these sites are generally being addressed by other federal agencies.
Under Executive Order 12580 (52 FR 2923, January 29, 1987) and CERCLA
section 120, each federal agency is responsible for carrying out most
response actions at facilities under its own jurisdiction, custody or
control, although the EPA is responsible for preparing a Hazard Ranking
System (``HRS'') score and determining whether the facility is placed
on the NPL.

D. How are sites listed on the NPL?

    There are three mechanisms for placing sites on the NPL for
possible remedial action (see 40 CFR 300.425(c) of the NCP): (1) A site
may be included on the NPL if it scores sufficiently high on the HRS,
which the EPA promulgated as appendix A of the NCP

(40 CFR part 300). The HRS serves as a screening tool to evaluate the
relative potential of uncontrolled hazardous substances, pollutants or
contaminants to pose a threat to human health or the environment. On
December 14, 1990 (55 FR 51532), the EPA promulgated revisions to the
HRS partly in response to CERCLA section 105(c), added by SARA. The
revised HRS evaluates four pathways: Ground water, surface water, soil
exposure and air. As a matter of agency policy, those sites that score
28.50 or greater on the HRS are eligible for the NPL. (2) Pursuant to
42 U.S.C. 9605(a)(8)(B), each state may designate a single site as its
top priority to be listed on the NPL, without any HRS score. This
provision of CERCLA requires that, to the extent practicable, the NPL
include one facility designated by each state as the greatest danger to
public health, welfare or the environment among known facilities in the
state. This mechanism for listing is set out in the NCP at 40 CFR
300.425(c)(2). (3) The third mechanism for listing, included in the NCP
at 40 CFR 300.425(c)(3), allows certain sites to be listed without any
HRS score, if all of the following conditions are met:
     The Agency for Toxic Substances and Disease Registry
(ATSDR) of the U.S. Public Health Service has issued a health advisory
that recommends dissociation of individuals from the release.
     The EPA determines that the release poses a significant
threat to public health.
     The EPA anticipates that it will be more cost-effective to
use its remedial authority than to use its removal authority to respond
to the release.
The EPA promulgated an original NPL of 406 sites on September 8, 1983
(48 FR 40658) and generally has updated it at least annually.

E. What happens to sites on the NPL?

    A site may undergo remedial action financed by the Trust Fund
established under CERCLA (commonly referred to as the ``Superfund'')
only after it is placed on the NPL, as provided in the NCP at 40 CFR
300.425(b)(1). (``Remedial actions'' are those ``consistent with
permanent remedy, taken instead of or in addition to removal actions. *
* * '' 42 U.S.C. 9601(24).) However, under 40 CFR 300.425(b)(2) placing
a site on the NPL ``does not imply that monies will be expended.'' The
EPA may pursue other appropriate authorities to respond to the
releases, including enforcement action under CERCLA and other laws.

F. Does the NPL define the boundaries of sites?

    The NPL does not describe releases in precise geographical terms;
it would be neither feasible nor consistent with the limited purpose of
the NPL (to identify releases that are priorities for further
evaluation), for it to do so. Indeed, the precise nature and extent of
the site are typically not known at the time of listing.
    Although a CERCLA ``facility'' is broadly defined to include any
area where a hazardous substance has ``come to be located'' (CERCLA
section 101(9)), the listing process itself is not intended to define
or reflect the boundaries of such facilities or releases. Of course,
HRS data (if the HRS is used to list a site) upon which the NPL
placement was based will, to some extent, describe the release(s) at
issue. That is, the NPL site would include all releases evaluated as
part of that HRS analysis.
    When a site is listed, the approach generally used to describe the
relevant release(s) is to delineate a geographical area (usually the
area within an installation or plant boundaries) and identify the site
by reference to that area. However, the NPL site is not necessarily
coextensive with the boundaries of the installation or plant, and the
boundaries of the installation or plant are not necessarily the
``boundaries'' of the site. Rather, the site consists of all
contaminated areas within the area used to identify the site, as well
as any other location where that contamination has come to be located,
or from where that contamination came.
    In other words, while geographic terms are often used to designate
the site (e.g., the ``Jones Co. Plant site'') in terms of the property
owned by a particular party, the site, properly understood, is not
limited to that property (e.g., it may extend beyond the property due
to contaminant migration), and conversely may not occupy the full
extent of the property (e.g., where there are uncontaminated parts of
the identified property, they may not be, strictly speaking, part of
the ``site''). The ``site'' is thus neither equal to, nor confined by,
the boundaries of any specific property that may give the site its
name, and the name itself should not be read to imply that this site is
coextensive with the entire area within the property boundary of the
installation or plant. In addition, the site name is merely used to
help identify the geographic location of the contamination, and is not
meant to constitute any determination of liability at a site. For
example, the name ``Jones Co. Plant site,'' does not imply that the
Jones Company is responsible for the contamination located on the plant
site.
    The EPA regulations provide that the remedial investigation
(``RI'') ``is a process undertaken . . . to determine the nature and
extent of the problem presented by the release'' as more information is
developed on site contamination, and which is generally performed in an
interactive fashion with the feasibility Study (``FS'') (40 CFR 300.5).
During the RI/FS process, the release may be found to be larger or
smaller than was originally thought, as more is learned about the
source(s) and the migration of the contamination. However, the HRS
inquiry focuses on an evaluation of the threat posed and therefore the
boundaries of the release need not be exactly defined. Moreover, it
generally is impossible to discover the full extent of where the
contamination ``has come to be located'' before all necessary studies
and remedial work are completed at a site. Indeed, the known boundaries
of the contamination can be expected to change over time. Thus, in most
cases, it may be impossible to describe the boundaries of a release
with absolute certainty.
    Further, as noted previously, NPL listing does not assign liability
to any party or to the owner of any specific property. Thus, if a party
does not believe it is liable for releases on discrete parcels of
property, it can submit supporting information to the agency at any
time after it receives notice it is a potentially responsible party.
    For these reasons, the NPL need not be amended as further research
reveals more information about the location of the contamination or
release.

G. How are sites removed from the NPL?

    The EPA may delete sites from the NPL where no further response is
appropriate under Superfund, as explained in the NCP at 40 CFR
300.425(e). This section also provides that the EPA shall consult with
states on proposed deletions and shall consider whether any of the
following criteria have been met:
    (i) Responsible parties or other persons have implemented all
appropriate response actions required;
    (ii) All appropriate Superfund-financed response has been
implemented and no further response action is required; or
    (iii) The remedial investigation has shown the release poses no
significant threat to public health or the environment, and taking of
remedial measures is not appropriate.

H. May the EPA delete portions of sites from the NPL as they are
cleaned up?

    In November 1995, the EPA initiated a policy to delete portions of
NPL sites where cleanup is complete (60 FR 55465, November 1, 1995).
Total site cleanup may take many years, while portions of the site may
have been cleaned up and made available for productive use.

I. What is the Construction Completion List (CCL)?

    The EPA also has developed an NPL construction completion list
(``CCL'') to simplify its system of categorizing sites and to better
communicate the successful completion of cleanup activities (58 FR
12142, March 2, 1993). Inclusion of a site on the CCL has no legal
significance.
    Sites qualify for the CCL when: (1) Any necessary physical
construction is complete, whether or not final cleanup levels or other
requirements have been achieved; (2) the EPA has determined that the
response action should be limited to measures that do not involve
construction (e.g., institutional controls); or (3) the site qualifies
for deletion from the NPL. For more information on the CCL, see the
EPA's internet site at https://www.epa.gov/superfund/construction-completions-national-priorities-list-npl-sites-number.

J. What is the Sitewide Ready for Anticipated Use measure?

    The Sitewide Ready for Anticipated Use measure (formerly called
Sitewide Ready-for-Reuse) represents important Superfund
accomplishments and the measure reflects the high priority the EPA
places on considering anticipated future land use as part of the remedy
selection process. See Guidance for Implementing the Sitewide Ready-
for-Reuse Measure, May 24, 2006, OSWER 9365.0-36. This measure applies
to final and deleted sites where construction is complete, all cleanup
goals have been achieved, and all institutional or other controls are
in place. The EPA has been successful on many occasions in carrying out
remedial actions that ensure protectiveness of human health and the
environment for current and future land uses, in a manner that allows
contaminated properties to be restored to environmental and economic
vitality. For further information, please go to https://www.epa.gov/superfund/about-superfund-cleanup-process#tab-9.

K. What is state/tribal correspondence concerning NPL listing?

    In order to maintain close coordination with states and tribes in
the NPL listing decision process, the EPA's policy is to determine the
position of the states and tribes regarding sites that the EPA is
considering for listing. This consultation process is outlined in two
memoranda that can be found at the following website: https://www.epa.gov/superfund/statetribal-correspondence-concerning-npl-site-listing.
    The EPA is improving the transparency of the process by which state
and tribal input is solicited. The EPA is using the Web and where
appropriate more structured state and tribal correspondence that (1)
explains the concerns at the site and the EPA's rationale for
proceeding; (2) requests an explanation of how the state intends to
address the site if placement on the NPL is not favored; and (3)
emphasizes the transparent nature of the process by informing states
that information on their responses will be publicly available.
    A model letter and correspondence from this point forward between
the EPA and states and tribes where applicable, is available on the
EPA's website at https://www.epa.gov/superfund/statetribal-correspondence-concerning-npl-site-listing.

II. Public Review/Public Comment

A. May I review the documents relevant to this proposed rule?

    Yes, documents that form the basis for the EPA's evaluation and
scoring of the sites in this proposed rule are contained in public
dockets located both at the EPA Headquarters in Washington, DC, and in
the regional offices. These documents are also available by electronic
access at https://www.regulations.gov (see instructions in the
Addresses section above).

B. How do I access the documents?

    You may view the documents, by appointment only, in the
Headquarters or the regional dockets after the publication of this
proposed rule. The hours of operation for the Headquarters docket are
from 8:30 a.m. to 4:30 p.m., Monday through Friday excluding federal
holidays. Please contact the regional dockets for hours.
    The following is the contact information for the EPA Headquarters
Docket: Docket Coordinator, Headquarters, U.S. Environmental Protection
Agency, CERCLA Docket Office, 1301 Constitution Avenue NW, William
Jefferson Clinton Building West, Room 3334, Washington, DC 20004; 202/
566-0276. (Please note this is a visiting address only. Mail comments
to the EPA Headquarters as detailed at the beginning of this preamble.)
    The contact information for the regional dockets is as follows:
     Holly Inglis, Region 1 (CT, ME, MA, NH, RI, VT), U.S. EPA,
Superfund Records and Information Center, 5 Post Office Square, Suite
100, Boston, MA 02109-3912; 617/918-1413.
     Ildefonso Acosta, Region 2 (NJ, NY, PR, VI), U.S. EPA, 290
Broadway, New York, NY 10007-1866; 212/637-4344.
     Lorie Baker (ASRC), Region 3 (DE, DC, MD, PA, VA, WV),
U.S. EPA, Library, 1650 Arch Street, Mailcode 3HS12, Philadelphia, PA
19103; 215/814-3355.
     Cathy Amoroso, Region 4 (AL, FL, GA, KY, MS, NC, SC, TN),
U.S. EPA, 61 Forsyth Street SW, Mailcode 9T25, Atlanta, GA 30303; 404/
562-8637.
     Todd Quesada, Region 5 (IL, IN, MI, MN, OH, WI), U.S. EPA
Superfund Division Librarian/SFD Records Manager SRC-7J, Metcalfe
Federal Building, 77 West Jackson Boulevard, Chicago, IL 60604; 312/
886-4465.
     Brenda Cook, Region 6 (AR, LA, NM, OK, TX), U.S. EPA, 1445
Ross Avenue, Suite 1200, Mailcode 6SFTS, Dallas, TX 75202-2733; 214/
665-7436.
     Kumud Pyakuryal, Region 7 (IA, KS, MO, NE), U.S. EPA,
11201 Renner Blvd., Mailcode SUPRSTAR, Lenexa, KS 66219; 913/551-7956.
     Victor Ketellapper, Region 8 (CO, MT, ND, SD, UT, WY),
U.S. EPA, 1595 Wynkoop Street, Mailcode 8EPR-B, Denver, CO 80202-1129;
303/312-6578.
     Sharon Murray, Region 9 (AZ, CA, HI, NV, AS, GU, MP), U.S.
EPA, 75 Hawthorne Street, Mailcode SFD 6-1, San Francisco, CA 94105;
415/947-4250.
     Ken Marcy, Region 10 (AK, ID, OR, WA), U.S. EPA, 1200 6th
Avenue, Mailcode ECL-112, Seattle, WA 98101; 206/463-1349.
    You may also request copies from the EPA Headquarters or the
regional dockets. An informal request, rather than a formal written
request under the Freedom of Information Act, should be the ordinary
procedure for obtaining copies of any of these documents. Please note
that due to the difficulty of reproducing oversized maps, oversized
maps may be viewed only in-person; since the EPA dockets are not
equipped to both copy and mail out such maps or scan them and send them
out electronically.
    You may use the docket at https://www.regulations.gov to access
documents in the Headquarters docket (see instructions included in the
ADDRESSES section). Please note that there are differences between the
Headquarters docket and the regional

dockets and those differences are outlined in this preamble, Sections
II.C and D.

C. What documents are available for public review at the EPA
Headquarters docket?

    The Headquarters docket for this proposed rule contains the
following for the sites proposed in this rule: HRS score sheets;
documentation records describing the information used to compute the
score; information for any sites affected by particular statutory
requirements or the EPA listing policies; and a list of documents
referenced in the documentation record.

D. What documents are available for public review at the EPA regional
dockets?

    The regional dockets for this proposed rule contain all of the
information in the Headquarters docket plus the actual reference
documents containing the data principally relied upon and cited by the
EPA in calculating or evaluating the HRS score for the sites. These
reference documents are available only in the regional dockets.

E. How do I submit my comments?

    Comments must be submitted to the EPA Headquarters as detailed at
the beginning of this preamble in the ADDRESSES section. Please note
that the mailing addresses differ according to method of delivery.
There are two different addresses that depend on whether comments are
sent by express mail or by postal mail.

F. What happens to my comments?

    The EPA considers all comments received during the comment period.
Significant comments are typically addressed in a support document that
the EPA will publish concurrently with the Federal Register document
if, and when, the site is listed on the NPL.

G. What should I consider when preparing my comments?

    Comments that include complex or voluminous reports, or materials
prepared for purposes other than HRS scoring, should point out the
specific information that the EPA should consider and how it affects
individual HRS factor values or other listing criteria (Northside
Sanitary Landfill v. Thomas, 849 F.2d 1516 (D.C. Cir. 1988)). The EPA
will not address voluminous comments that are not referenced to the HRS
or other listing criteria. The EPA will not address comments unless
they indicate which component of the HRS documentation record or what
particular point in the EPA's stated eligibility criteria is at issue.

H. May I submit comments after the public comment period is over?

    Generally, the EPA will not respond to late comments. The EPA can
guarantee only that it will consider those comments postmarked by the
close of the formal comment period. The EPA has a policy of generally
not delaying a final listing decision solely to accommodate
consideration of late comments.

I. May I view public comments submitted by others?

    During the comment period, comments are placed in the Headquarters
docket and are available to the public on an ``as received'' basis. A
complete set of comments will be available for viewing in the regional
dockets approximately one week after the formal comment period closes.
    All public comments, whether submitted electronically or in paper
form, will be made available for public viewing in the electronic
public docket at https://www.regulations.gov as the EPA receives them
and without change, unless the comment contains copyrighted material,
confidential business information (CBI) or other information whose
disclosure is restricted by statute. Once in the public dockets system,
select ``search,'' then key in the appropriate docket ID number.

J. May I submit comments regarding sites not currently proposed to the
NPL?

    In certain instances, interested parties have written to the EPA
concerning sites that were not at that time proposed to the NPL. If
those sites are later proposed to the NPL, parties should review their
earlier concerns and, if still appropriate, resubmit those concerns for
consideration during the formal comment period. Site-specific
correspondence received prior to the period of formal proposal and
comment will not generally be included in the docket.

III. Contents of This Proposed Rule

Proposed Additions to the NPL

    In this proposed rule, the EPA is proposing to add ten sites to the
NPL, all to the General Superfund section. All of the sites in this
proposed rulemaking are being proposed based on HRS scores of 28.50 or
above.
    The sites are presented in the table below.
    General Superfund section:

----------------------------------------------------------------------------------------------------------------
                State                                      Site name                           City/county
----------------------------------------------------------------------------------------------------------------
CA...................................  Orange County North Basin.......................  Orange County.
DE...................................  Hockessin Groundwater...........................  Hockessin.
IN...................................  Broadway Street Corridor Groundwater              Anderson.
                                        Contamination.
IN...................................  Franklin Street Groundwater Contamination.......  Spencer.
MN...................................  Spring Park Municipal Well Field................  Spring Park.
MS...................................  Rockwell International Wheel & Trim.............  Grenada.
SC...................................  Burlington Industries Cheraw....................  Cheraw.
TN...................................  Southside Chattanooga Lead Site.................  Chattanooga.
TX...................................  Lane Plating Works, Inc.........................  Dallas.
TX...................................  River City Metal Finishing......................  San Antonio.
----------------------------------------------------------------------------------------------------------------

IV. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

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

    This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.

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

    This action is not expected to be an Executive Order 13771
regulatory action because this action is not significant under
Executive Order 12866.

C. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under
the PRA. This rule does not contain any information collection
requirements that require approval of the OMB.

D. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities. This rule
listing sites on the NPL does not impose any obligations on any group,
including small entities. This rule also does not establish standards
or requirements that any small entity must meet, and imposes no direct
costs on any small entity. Whether an entity, small or otherwise, is
liable for response costs for a release of hazardous substances depends
on whether that entity is liable under CERCLA 107(a). Any such
liability exists regardless of whether the site is listed on the NPL
through this rulemaking.

E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action imposes no enforceable duty on any
state, local or tribal governments or the private sector. Listing a
site on the NPL does not itself impose any costs. Listing does not mean
that the EPA necessarily will undertake remedial action. Nor does
listing require any action by a private party, state, local or tribal
governments or determine liability for response costs. Costs that arise
out of site responses result from future site-specific decisions
regarding what actions to take, not directly from the act of placing a
site on the NPL.

F. Executive Order 13132: Federalism

    This rule does not have federalism implications. It 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.

G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications as specified in
Executive Order 13175. Listing a site on the NPL does not impose any
costs on a tribe or require a tribe to take remedial action. Thus,
Executive Order 13175 does not apply to this action.

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

    The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because this action itself is procedural in
nature (adds sites to a list) and does not, in and of itself, provide
protection from environmental health and safety risks. Separate future
regulatory actions are required for mitigation of environmental health
and safety risks.

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

    This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.

J. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

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

    The EPA believes the human health or environmental risk addressed
by this action will not have potential disproportionately high and
adverse human health or environmental effects on minority, low-income
or indigenous populations because it does not affect the level of
protection provided to human health or the environment. As discussed in
Section I.C. of the preamble to this action, the NPL is a list of
national priorities. The NPL is intended primarily to guide the EPA in
determining which sites warrant further investigation to assess the
nature and extent of public health and environmental risks associated
with a release of hazardous substances, pollutants or contaminants. The
NPL is of only limited significance as it does not assign liability to
any party. Also, placing a site on the NPL does not mean that any
remedial or removal action necessarily need be taken.

List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals,
Hazardous substances, Hazardous waste, Intergovernmental relations,
Natural resources, Oil pollution, Penalties, Reporting and
recordkeeping requirements, Superfund, Water pollution control, Water
supply.

    Authority: 33 U.S.C. 1321(d); 42 U.S.C. 9601-9657; E.O. 13626,
77 FR 56749, 3 CFR, 2013 Comp., p. 306; E.O. 12777, 56 FR 54757, 3
CFR, 1991 Comp., p.351; E.O. 12580, 52 FR 2923, 3 CFR, 1987 Comp.,
p. 193.

    Dated: January 9, 2018.
Barry N. Breen,
Principal Deputy Assistant Administrator, Office of Land and Emergency
Management.
[FR Doc. 2018-00623 Filed 1-17-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 99 (Tuesday, May 23, 2023)]
[Notices]
[Pages 33137-33138]
[FR Doc No: 2023-10947]

=======================================================================
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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings # 1

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG23-154-000.
    Applicants: Fox Squirrel Solar LLC.
    Description: Fox Squirrel Solar LLC submits Notice of Self-
Certification of Exempt Wholesale Generator Status.
    Filed Date: 5/17/23.
    Accession Number: 20230517-5113.
    Comment Date: 5 p.m. ET 6/7/23.

    Docket Numbers: EG23-155-000.
    Applicants: Huck Finn Solar, LLC.
    Description: Huck Finn Solar, LLC submits Notice of Self-
Certification of Exempt Wholesale Generator Status.
    Filed Date: 5/17/23.
    Accession Number: 20230517-5114.
    Comment Date: 5 p.m. ET 6/7/23.

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

    Docket Numbers: ER22-616-002.
    Applicants: Dressor Plains Solar, LLC.
    Description: Midcontinent Independent System Operator, Inc. submits
tariff filing per 35.19a(b): Refund Report_Dressor Plains Solar, LLC to
be effective N/A.
    Filed Date: 5/16/23.
    Accession Number: 20230516-5187.
    Comment Date: 5 p.m. ET 6/6/23.

    Docket Numbers: ER22-865-001.
    Applicants: Glaciers Edge Wind Project, LLC.
    Description: Midcontinent Independent System Operator, Inc. submits
tariff filing per 35.19a(b): Refund Report_Glaciers Edge Wind Project
LLC to be effective N/A.
    Filed Date: 5/16/23.
    Accession Number: 20230516-5182.
    Comment Date: 5 p.m. ET 6/6/23.

    Docket Numbers: ER22-1554-001.
    Applicants: Ford County Wind Farm LLC.
    Description: Midcontinent Independent System Operator, Inc. submits
tariff filing per 35.19a(b): Refund Report_Ford County Wind Farm LLC to
be effective N/A.
    Filed Date: 5/16/23.
    Accession Number: 20230516-5184.
    Comment Date: 5 p.m. ET 6/6/23.

    Docket Numbers: ER23-1895-000.
    Applicants: Solar Partners XI, LLC.
    Description: Baseline eTariff Filing: Application for Market Based
Rate Authority to be effective 7/17/2023.
    Filed Date: 5/16/23.
    Accession Number: 20230516-5174.
    Comment Date: 5 p.m. ET 6/6/23.

    Docket Numbers: ER23-1896-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original ISA, Service
Agreement No. 6911; Queue No. AE2-316 to be effective 4/17/2023.
    Filed Date: 5/17/23.
    Accession Number: 20230517-5026.
    Comment Date: 5 p.m. ET 6/7/23.

    Docket Numbers: ER23-1897-000.
    Applicants: Digital Power USA, Inc.
    Description: Baseline eTariff Filing: Application for Market Based
Rate Authority to be effective 7/15/2023.
    Filed Date: 5/17/23.
    Accession Number: 20230517-5042.
    Comment Date: 5 p.m. ET 6/7/23.

    Docket Numbers: ER23-1898-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Amendment: Notice of Cancellation of ISA, SA
No. 6756; Queue No. AF1-105 to be effective 4/14/2023.
    Filed Date: 5/17/23.
    Accession Number: 20230517-5043.
    Comment Date: 5 p.m. ET 6/7/23.

    Docket Numbers: ER23-1899-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original ISA, SA No. 6887;
Queue No. AE2-219 to be effective 4/17/2023.
    Filed Date: 5/17/23.
    Accession Number: 20230517-5073.
    Comment Date: 5 p.m. ET 6/7/23.

    Docket Numbers: ER23-1900-000.
    Applicants: Ohio Valley Electric Corporation.
    Description: Tariff Amendment: Notice of Cancellation to be
effective 7/16/2023.
    Filed Date: 5/17/23.
    Accession Number: 20230517-5083.
    Comment Date: 5 p.m. ET 6/7/23.

    Docket Numbers: ER23-1901-000.
    Applicants: Duke Energy Carolinas, LLC.
    Description: Sec.  205(d) Rate Filing: Wholesale Contract Revisions
to Rate Schedule Nos. 315, 316, 317 and 335 to be effective 1/1/2023.

    Filed Date: 5/17/23.
    Accession Number: 20230517-5084.
    Comment Date: 5 p.m. ET 6/7/23.

    Docket Numbers: ER23-1902-000.
    Applicants: Indiana-Kentucky Electric Corporation.
    Description: Baseline eTariff Filing: Baseline Filing to be
effective 7/16/2023.
    Filed Date: 5/17/23.
    Accession Number: 20230517-5086.
    Comment Date: 5 p.m. ET 6/7/23.

    Docket Numbers: ER23-1903-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original ISA, Service
Agreement No. 6912; Queue No. AD2-038 to be effective 4/17/2023.
    Filed Date: 5/17/23.
    Accession Number: 20230517-5087.
    Comment Date: 5 p.m. ET 6/7/23.

    Docket Numbers: ER23-1904-000.
    Applicants: Midcontinent Independent System Operator, Inc.,
Northern Indiana Public Service Company LLC.
    Description: Sec.  205(d) Rate Filing: Midcontinent Independent
System Operator, Inc. submits tariff filing per 35.13(a)(2)(iii: 2023-
05-17_NIPSCO Request for Approval of CWIP Incentives to be effective 7/
17/2023.
    Filed Date: 5/17/23.
    Accession Number: 20230517-5095.
    Comment Date: 5 p.m. ET 6/7/23.

    Docket Numbers: ER23-1905-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original ISA, Service
Agreement No. 6914; Queue No. NQ178 to be effective 4/17/2023.
    Filed Date: 5/17/23.
    Accession Number: 20230517-5096.
    Comment Date: 5 p.m. ET 6/7/23.

    Docket Numbers: ER23-1906-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original ISA, Service
Agreement No. 6904; Queue No. AC2-157 to be effective 4/17/2023.
    Filed Date: 5/17/23.
    Accession Number: 20230517-5104.
    Comment Date: 5 p.m. ET 6/7/23.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by 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: May 17, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-10947 Filed 5-22-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: June 30, 2008 (Volume 73, Number 126)]
[Notices]
[Page 36863-36865]
[DOCID:fr30jn08-66]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2005-0120-0003 and EPA-HQ-OAR-2005-0121-0002, FRL-8686-3]

Agency Information Collection Activities: Proposed Collections;
Request for Comment on Two Proposed Information Collection Requests
(ICRs)

AGENCY: Environmental Protection Agency.

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document announces that EPA is planning to
submit a request to renew two existing approved Information Collection
Requests (ICRs) to the Office of Management and Budget (OMB). One of
these ICRs is scheduled to expire on September 30, 2008. The second ICR
is scheduled to expire on February 28, 2009. Before submitting the ICRs
to OMB for review and approval, EPA is soliciting comments on specific
aspects of the proposed information collection as described below.

ADDRESSES: Submit your comments, identified by the Docket ID numbers
provided for each item in the text, by one of the following methods:
     http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>
     Mail: Air Docket, Environmental Protection Agency,
Mailcode: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
     Hand Delivery: Docket Center, (EPA/DC), EPA West, Room
3334, 1301 Constitution Ave., NW., Washington, DC 20460. Such
deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to the Docket ID Numbers
identified for each item in the text. EPA's policy is that all comments
received will be included in the public docket without change and may
be made available online at http://www.regulations.gov, including any
personal information provided, unless the comment includes information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Do not submit
information that you consider to be CBI or otherwise protected through
http://www.regulations.gov or e-mail. The http://www.regulations.gov
Web site is an ``anonymous access'' system, which means EPA will not
know your identity or contact information unless you provide it in the
body of your comment. If you send an e-mail comment directly to EPA
without going through http://www.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, 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 EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/
epahome/dockets.htm.

FOR FURTHER INFORMATION CONTACT: Nydia Yanira Reyes-Morales,
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Mail
Code 6403J, Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

How Can I Access the Docket and/or Submit Comments?

    EPA has established a public docket for each of the ICRs identified
in this document (see the Docket ID numbers for each ICR that are
provided in the text), which is available for online viewing at http://
www.regulations.gov, or in person viewing at the Air Docket in the EPA
Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Ave.,
NW., Washington, DC. The EPA/DC Public Reading Room is open from 8 a.m.
to 4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Reading Room is<PHONE_NUMBER>, and the
telephone number for the Air Docket is<PHONE_NUMBER>.
    Use http://www.regulations.gov to obtain a copy of the draft
collection of information, submit or view public comments, access the
index listing of the contents of the docket, and to access those
documents in the public docket that are available electronically. Once
in the system, select ``search,'' then key in the Docket ID number
identified in this document.

What Information Is EPA Particularly Interested In?

    Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically
solicits comments and information to enable it to:
    (i) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information will have practical utility;
    (ii) Evaluate the accuracy of the Agency's estimate of the burden
of the proposed collection of information, including the validity of
the methodology and assumptions used;
    (iii) Enhance the quality, utility, and clarity of the information
to be collected; and

    (iv) Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses. In particular, EPA is requesting comments from
very small businesses (those that employ less than 25) on examples of
specific additional efforts that EPA could make to reduce the paperwork
burden for very small businesses affected by this collection.

What Should I Consider When I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your
comments:
    1. Explain your views as clearly as possible and provide specific
examples.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used
that support your views.
    4. If you estimate potential burden or costs, explain how you
arrived at the estimate that you provide.
    5. Offer alternative ways to improve the collection activity.
    6. Make sure to submit your comments by the deadline identified
under DATES.
    7. To ensure proper receipt by EPA, be sure to identify the docket
ID number assigned to this action in the subject line on the first page
of your response. You may also provide the name, date, and Federal
Register citation.

What Information Collection Activity or ICR Does This Apply To?

    Docket ID No.: EPA-HQ-OAR-2005-0120-0003.
    Affected entities: Entities potentially affected by this action are
large on-highway heavy-duty engine and vehicle manufacturers.
    Title: Nonconformance Penalties for Heavy-Duty Engines and Heavy-
Duty Vehicles, Including Light-Duty Trucks; Reporting and Recordkeeping
Requirements (Renewal).
    ICR numbers: EPA ICR No. 1285.07, OMB Control No. 2060-0132.
    ICR status: This ICR is currently scheduled to expire on November
30, 2008. An Agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information, unless it displays
a currently valid OMB control number. The OMB control numbers for EPA's
regulations in title 40 of the CFR, after appearing in the Federal
Register when approved, are listed in 40 CFR part 9, are displayed
either by publication in the Federal Register or by other appropriate
means, such as on the related collection instrument or form, if
applicable. The display of OMB control numbers in certain EPA
regulations is consolidated in 40 CFR part 9.
    Abstract: Nonconformance penalties (NCP) provisions allow a
manufacturer to introduce into commerce heavy-duty engines (HDEs) or
heavy-duty vehicles (HDVs), including light-duty trucks (LDTs), which
fail to conform with certain emission standards, upon payment of a
monetary penalty. The information collection activities for the NCP
program include the collection of periodic reports and other
information which the manufacturer creates and submits to the
Compliance and Innovative Strategies Division (CISD), Office of
Transportation and Air Quality (OTAQ), Office of Air and Radiation
(OAR), of the U.S. Environmental Protection Agency (EPA). CISD uses
this information to ensure that manufacturers are in compliance with
the regulations of the Clean Air Act (Act) and paying the appropriate
penalties. The information submitted in the manufacturers' NCP reports
is stored in CISD's computer tracking system to ensure accurate
accounting of NCP payments. Since nonconformance penalties and
associated PCAs are an option elected by manufacturers, EPA cannot be
certain how many engine families manufacturers will request to be
included in the NCP program each year. Likewise, we cannot be certain
of the number of PCAs that will be conducted each model year. However,
EPA estimates for ICR purposes, that six engine families will be
included in the NCP program each model year. This information is
collected by the Heavy-Duty and Nonroad Engines Group (HDNEG) in CISD.
Besides CISD, this information could be used by the Office of
Enforcement and Compliance Assurance (OECA) and the Department of
Justice for enforcement purposes. Non Confidential Business Information
(CBI) information is also disclosed in a public database and over the
Internet. It is used by trade associations, environmental groups, and
the public. The information is usually submitted in an electronic
format, and it is stored in HDNEGs certification database.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 589
hours per year. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements which have subsequently changed; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.
    The ICR provides a detailed explanation of the Agency's estimate,
which is only briefly summarized here:
    Estimated total number of potential respondents: 2.
    Frequency of response: Quarterly, Annually, On Occasion.
    Estimated total average number of responses for each respondent:
26.
    Estimated total annual burden hours: 1,178 hours.
    Estimated total annual costs: $94,999. This includes an estimated
burden cost of $76,819.28 and an estimated cost of $18,180.00 for
capital investment or maintenance and operational costs.
    Docket ID No.: EPA-HQ-OAR-2005-0121-0002.
    Affected entities: Entities potentially affected by this action are
manufacturers, importers or vendors of on-road heavy duty vehicles, and
all categories of nonroad engines and nonroad equipment.
    Title: Exclusion Determinations for New Nonroad Spark-ignited, New
Nonroad Compression-ignited Engines, New Marine Engines, and New On-
road Heavy Duty Engines (Renewal).
    ICR numbers: EPA ICR No. 1852.04, OMB Control No. 2060-0395.
    ICR status: This ICR is currently scheduled to expire on February
28, 2009. An Agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information, unless it displays
a currently valid OMB control number. The OMB control numbers for EPA's
regulations in title 40 of the CFR, after appearing in the Federal
Register when approved, are listed in 40 CFR part 9, are displayed
either by publication in the Federal Register or by other appropriate
means, such as on the related collection instrument or form, if
applicable. The display of OMB control numbers in certain EPA
regulations is consolidated in 40 CFR part 9.
    Abstract: Under the provisions of the Clean Air Act (CAA), the
Administrator is required to promulgate regulations to control air
pollutant emissions from

motor vehicles and non-road engines, as defined in the CAA. Motor
vehicles and non-road engines not meeting the applicable definitions
are excluded from compliance with current regulations. A manufacturer
may make an exclusion determination by itself; however, manufacturers
and importers may routinely request EPA to make such determination to
ensure that their determination does not differ from the Agency's. To
request an exclusion determination, manufacturers submit a letter with
a description of the engine and/or vehicle (engine type, horsepower
rating, intended usage etc.,) and sales brochures, to the Compliance
and Innovative Strategies Division (CISD), Heavy-Duty and Nonroad
Engines Group (HDNEG), Office of Transportation and Air Quality (OTAQ).
CISD uses this information to determine whether the engine or vehicle
is excluded from compliance with one or more emission regulations. CISD
then stores the data in its internal files, and makes it available to
environmental groups and the public upon request under the Freedom of
Information Act.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average seven
hours per response. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements which have subsequently changed; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.
    The ICR provides a detailed explanation of the Agency's estimate,
which is only briefly summarized here:
    Estimated total number of potential respondents: 12.
    Frequency of response: Annual or on occasion.
    Estimated total average number of responses for each respondent: 3.
    Estimated total annual burden hours: 69.
    Estimated total annual costs: $5,654. This includes an estimated
burden cost of $5,538 and an estimated cost of $116 for capital
investment or maintenance and operational costs.

Are There Changes in the Estimates from the Last Approval?

    To date, there are no changes in the number of hours in the total
estimated respondent burden compared with that identified in the ICR
currently approved by OMB. However, EPA is still evaluating information
that may lead to a change in the estimates.

What Is the Next Step in the Process for These ICRs?

    EPA will consider the comments received and amend the ICRs as
appropriate. The final ICR packages will then be submitted to OMB for
review and approval pursuant to 5 CFR 1320.12. At that time, EPA will
issue another Federal Register notice pursuant to 5 CFR
1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the
opportunity to submit additional comments to OMB. If you have any
questions about this ICR or the approval process, please contact the
technical person listed under FOR FURTHER INFORMATION CONTACT.

    Dated: June 18, 2008.
Karl Simon,
Director, Compliance and Innovative Strategies Division, Office of
Transportation and Air Quality, Office of Air and Radiation.
[FR Doc. E8-14799 Filed 6-27-08; 8:45 am]

BILLING CODE 6560-50-P


1 SUPPORTING STATEMENT FOR ICR NO. 2212.02 MINORITY BUSINESS ENTERPRISE/ WOMAN BUSINESS ENTERPRISE ( MBE/ WBE) UTILIZATION UNDER FEDERAL GRANTS, COOPERATIVE AGREEMENTS AND INTERAGENCY AGREEMENTS 1. IDENTIFICATION OF THE INFORMATION COLLECTION 1( a) Title and Number of the Information Collection This Information Collection Request ( ICR) is entitled Minority Business Enterprise/ Woman Business Enterprise ( MBE/ WBE) Utilization Under Federal Grants, Cooperative Agreements and Interagency Agreements, ICR Number 2212.02 ( Renewal)

1( b) Short Characterization All EPA financial assistance agreement recipients are required to make good faith efforts to assure that small, minority and women owned businesses are used, when possible, as sources of construction, services, equipment, and supplies. All financial assistance agreement recipients must report on a quarterly basis, except for recipients of continuing environmental program grants, and institutions of higher education, hospitals and other non profit organizations receiving financial assistance awards under 40 CFR part 30, who report on an annual basis. The information collected by EPA Form 5700 52A is used to compile data concerning the utilization of minority and women owned businesses as contractors and subcontractors under procurements funded by EPA financial assistance agreements. Moreover, the effectiveness of EPA's MBE/ WBE Program and overall programmatic compliance is measured through this reporting requirement.

EPA Form 5700 52A is not a new form. This form has historically been approved under ICR Number 0938.11 ( 2030 0020), " General Administrative Requirements for Assistance Programs." Even though this form is now supported by its own ICR, the form continues to be required for grants management purposes. The completion and submission of EPA Form 5700 52A is mandatory. The modifications to EPA Form 5700 52A were made to simplify and shorten the form itself. The instructions in the modified form also provide more information about questions frequently asked by respondents. * 2. NEED/ AUTHORITY FOR THE COLLECTION ( 2)( a) Need/ Authority for this Collection The effectiveness of, and compliance with EPA's MBE/ WBE Program is measured through its reporting requirements. These reports also measure EPA's progress in achieving 2 the national objectives established by EPA's 8% and 10% statutes. The primary legal authorities for EPA's MBE/ WBE Program and this associated ICR are as follows:

  Public Law 102 389, a 1993 appropriations act ( 42 U. S. C. § 4370d) ( EPA's 8% statute), which provides in pertinent part:

" The Administrator of the Environmental Protection Agency shall, hereafter, to the fullest extent possible, ensure that at least 8 percent of Federal funding for prime and subcontracts awarded in support of authorized programs, including grants, loans and contracts for wastewater treatment and leaking underground storage tanks grants, be made available to business concerns or other organizations owned or controlled by socially and economically disadvantaged individuals ( within the meaning of Section 8( a)( 5) and ( 6) of the Small Business Act ( 15 U. S. C. § 637 ( a)( 5) and( 6)), including historically black colleges and universities. For purposes of this section, economically and socially disadvantaged individuals shall be deemed to include women..."

  Public Law 101 549, Title X of the Clean Air Act Amendments of 1990 ( 42 U. S. C. § 7601 note) ( EPA's 10% statute), which provides in pertinent part:

" In providing for any research relating to the requirements of the amendments made by the Clean Air Act Amendments which use funds of the Environmental Protection Agency, the Administrator of the Environmental Protection Agency shall, to the extent practicable, require that not less than 10 percent of the total Federal funding for such research will be made available to disadvantaged business concerns."

  Executive Order 11625 which states in pertinent part:

" The officials designated under the preceding paragraph, when so requested, shall review and report to the Secretary upon the policies and programs of the minority business enterprise program, and shall keep the Secretary informed of all proposed budgets, plans and programs of his department or agency affecting minority business enterprise."

  Executive Order 12138 which states in pertinent part:

" Each department or agency empowered to extend Federal financial assistance to any program or activity shall issue regulations requiring the recipient of such assistance to take appropriate affirmative action in support of women's business enterprise and to prohibit actions or policies which discriminate against women's business enterprise on the ground of sex. For purposes of this subsection, Federal financial assistance means assistance extended by way of grant, 3 cooperative agreement, loan or contract other than a contract of insurance or guaranty . To the extent permitted by law, each department and agency upon request by the Chairperson shall furnish information, assistance and reports and otherwise cooperate with the Chairperson and the Committee in the performance of their functions hereunder. Each department or agency shall ensure that systematic data collection processes are capable of providing the Committee current data helpful in evaluating and promoting the efforts herein described."

  Executive Order 12432 which states in pertinent part:

" Each Federal agency shall encourage recipients of Federal grants and cooperative agreements to achieve a reasonable minority business participation in contracts let as a result of its grants and agreements . Each Federal agency shall provide the Cabinet Council on Commerce and Trade such information as it shall request from time to time concerning the agency's progress in implementing these programs"

( 2)( b) Practical Utility/ Uses of the Data The data collected by EPA Form 5700 52A is needed to measure the accomplishments of EPA financial assistance recipients with the requirements of EPA's MBE/ WBE program. The data collected is also needed to show EPA's overall performance in achieving the Agency's national 8% and 10% objectives for the utilization of MBEs and WBEs under the program, and to evaluate the effectiveness of EPA's MBE/ WBE Program.

The data collected by EPA Form 5700 52A will be used by EPA to compile required and requested reports on the effectiveness of, and accomplishments under EPA's MBE/ WBE Program, and to ensure recipient compliance. EPA Form 5700 52A will be received by the EPA Office of Grants and Debarment, Grants Administration Division, and by the EPA Office of Small and Disadvantaged Business Utilization. The results of these reports will be used to insure that the program is meeting its statutorily required objectives.

3. NON DUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA 3( a) Non Duplication All of the information collected pursuant to this ICR is specific to the associated legal authorities for EPA's MBE/ WBE Program, and is required by statute. The information collected under this ICR is asked of recipients of EPA financial assistance agreements, concerning procurement activities funded by those agreements. EPA is only requesting information from a clearly defined body of responders, for a clearly defined purpose. Information concerning the utilization of MBEs and WBEs under EPA financial assistance 4 agreements is not available from other sources. There is no duplication of effort involved.

3( b) Public Notice Required Prior to ICR Submission to OMB On April 3, 2006, a notice was published in the Federal Register concerning this ICR. The notice solicited public comment on EPA Form 5700 52A, and included the required 60 day comment period. EPA received no comments on the Federal Register notice..

3( c) Consultations EPA contacted the following grant recipients to solicit their comments, ideas, and opinions concerning the revision of Form 5700 52A:

1) Anthony Maisano Pennsylvania Department of Environmental Protection 717 787 6744 2) Brian Leahy Delaware Department of Natural Resources and Environmental Control 302 739 9921 3) Kay G. Bee Maryland Water Quality Financing Administration 410 537 3146 4) Amy Crowe Metropolitan Water Reclamation District of Chicago 312 751 5600 5) Joshua Bunker Minnesota Department of Administration and Materials Management 651 282 9889 6) Susan Schweitzer Department of Public Works, City of Vallejo 707 651 7152 7) Sandra Sutton Arizona Dept. of Environmental Quality 602 771 4727 8) Nadine Feletto California Department of Health Services 916 449 5621 5 3( d) Effects of Less Frequent Collection Currently, all financial assistance agreement recipients must report on a quarterly basis, except for recipients of continuing environmental program grants, and institutions of higher education, hospitals and other non profit organizations receiving financial assistance awards under 40 CFR part 30, who report on an annual basis. Under the MBE/ WBE Program, recipients are required to undertake affirmative steps to include MBEs and WBEs in their competitive procurement processes. Some of those steps include: general outreach efforts; soliciting MBEs and WBEs to bid or quote on procurements; and using databases and other resources to locate MBEs and WBEs. Financial assistance recipients are also required to negotiate fair share objectives for the use of MBEs and WBEs. Quarterly reporting affords EPA the opportunity to monitor recipients' accomplishments under the MBE/ WBE program to determine whether or not the program is effective in meeting its objective of increasing MBE/ WBE participation in procurements funded by EPA financial assistance agreements. When we monitor those accomplishments quarterly, we have the opportunity to see if the application of the affirmative steps is translating into increased MBE/ WBE participation, before the term of the grant or term of the project is complete. Once the grant or project is complete, the opportunity to increase MBE/ WBE participation is lost. Many of the grants that must report quarterly are grants with shorter completion terms. Therefore, more frequent reporting is needed. Furthermore, quarterly reporting is necessary for effective grants management.

3( e) General Guidelines This data collection is consistent with OMB's General Guidelines.

3( f) Confidentiality Any information submitted to the Agency for which a claim of confidentiality is made will be safeguarded according to the Agency policies set forth in Title 40, Chapter 1, Part 2, Subpart B Confidentiality of Business Information ( CBI) ( see 40 CFR 2; 41 FR 36902, September 1, 1976; amended by 43 FR 40000, September 8, 1978; 43 FR 42251, September 20, 1978; 44 FR 17674, March 23, 1979).

3( f) Sensitive Questions None of the reporting or recordkeeping requirements contain sensitive questions.

4. THE RESPONDENTS AND THE INFORMATION REQUESTED 4( a) Respondents/ SIC/ NAICS Codes 6 The respondents to this data collection are recipients of EPA financial assistance agreements. These recipients include Tribal, state, and local governments, institutions of higher education, hospitals, and other non profit organizations. SIC and NAICS Codes do not apply.

4( b) Information Requested ( i) Data Items, Including Recordkeeping Requirements The data items requested in EPA Form 5700 52A are as follows:

Data Item Recordkeeping Reporting CBP Recipient contact information X X Type of report ( quarterly, annual, or a revision of a prior report X X The grant number and grant program X X The total dollar amount of the grant X X The total dollar amount of the grant spent on procurements X X The total dollar amount of those procurements spent with MBEs or WBEs X X The total dollar amount a sub recipient, loan recipient, or a recipient's prime contractor spent with MBEs or WBEs X X The name and contact information of the MBEs and WBEs with whom procurement dollars were spent X X The dollar value of the procurements with the MBEs and WBEs, and the type of services or products provided X X The date of the award of the procurement with the MBE or WBE. X X 7 The recordkeeping requirements associated with this form are those required by the applicable retention and access requirements for a recipient's financial assistance agreement, e. g., 40 CFR 30.53 ( for institutions of higher education, hospitals and other non profit organizations); 40 CFR 31.42 ( for Indian Tribal, State and local Government recipients); and 40 CFR 35.6705, 35.6710 ( for Superfund Response Action Cooperative Agreements). This form imposes no special recordkeeping requirements outside of those already required under the financial assistance agreement.

Since the last clearance for EPA Form 5700 52A, changes to the data items reflect an effort to simplify the information requested in some parts of the form.

  Block 1c has been added to allow the respondent to clearly indicate whether or not the report is a revision of a prior report.   Blocks 5d and 5e have been eliminated. This information is now consolidated into block 5c.   The instructions to the form have been revised to instruct respondents on where to find some of the general information required on the form, and to clarify the definitions of some of the terms used on the form.

( ii) Respondent Activities The respondents will engage in the following activities to assemble, submit, and store the data items listed in the previous section. These activities reflect the items of burden mandated by the 1995 Paperwork Reduction Act.

1. Review Instructions   The instructions to the form are straight forward and were revised to provide more clarity. The form will remain the same from year to year.

2. Acquire, Install, and Utilize Technology and Systems   The information requested in the ICR is typical of information gathered as part of good business practices. No special technology or systems would be required for this collection. Neither email nor internet access is currently required for the completion or submission of this form.

3. Adjust the Existing Ways to Comply with Any Previously Applicable Instructions or Requirements   As stated above, the form will remain the same from year to year. While we have simplified the form by consolidating some of the data and revising the instructions, the substance of the form has not changed. No adjustment to existing ways to comply with any previously applicable instructions or requirements is needed. 8 4. Search Data Sources   Gathering and updating the information required on this form is either a quarterly or annual task. EPA financial assistance recipients have been reporting on their activities under the MBE/ WBE program for over a decade. The information required on the form is information that recipients already collect as a customary business practice.

5. Complete and Review the Collection Information   All information requested by this form should be readily available. Completing and reviewing this form should be straightforward and procedural.

6. Transmit or Otherwise Disclose the Information   EPA Form 5700 52A is available through EPA's website. The form can also be obtained by email and by hard copy through regular mail. Respondents to this form can transmit the form to EPA by email ( followed by signed, hard copy by mail), by fax ( followed by signed, hard copy by mail), or by regular mail. Currently this form cannot be submitted online.

7. Store, File, and Maintain   The recordkeeping requirements associated with this form are those required by the applicable retention and access requirements for a recipient's financial assistance agreement, e. g., 40 CFR 30.53 ( for institutions of higher education, hospitals and other non profit organizations); 40 CFR 31.42 ( for Indian Tribal, State and local Government recipients); and 40 CFR 35.6705, 35.6710 ( for Superfund Response Action Cooperative Agreements). This form imposes no special recordkeeping requirements outside of those already required under the financial assistance agreement.

5. THE INFORMATION COLLECTED AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT 5( a) Agency Activities   EPA Form 5700 52A will be available to all respondents at any time, via our website, or by request through email or regular mail. When requested by email or regular mail, EPA staff will send the form to the respondents.   EPA personnel will answer respondent questions regarding the form.   A master database has already been setup to receive, store, and aid in the analysis of the date being collected.   EPA staff will record or enter submissions into the database.   The data will be analyzed by EPA staff and be reformatted to compile reports on the Agency's accomplishments under the MBE/ WBE Program.   EPA staff may audit or review data submissions. 9 5( b) Collection Methodology and Management The data collection for this ICR is a form. EPA Form 5700 52A has been in use for over a decade, and is therefore well tested. As previously stated, the revisions to the form did not affect the substance of the requested data, it only consolidated and simplified the form.

  How will you check data quality?   All EPA financial assistance agreements are subject to random, periodic audits. Data quality will be checked during those audits. Also, EPA staff who are directly responsible for the implementation of the MBE/ WBE Program, including the receipt of the form, will be involved in checking data quality.   What machines and processing technology will you employ?   Computers and the internet will be used to aid in the dissemination of the form. Also, the database that will be used to store the information collected by the form, will be used to analyze the data and generate reports from the data.   How will you enter and store the data?   As mentioned above, EPA has developed a database to enter and store the data.   How may the public access the data?   The public will be able to access the data through reports that will be generated from the data. The raw data collected from the form, and the database in which the data will be kept will not be available to the public.

5( c) Small Entity Flexibility The completion and submission of this form will have an effect on small organizations and small governmental jurisdictions to the extent that entities under these classifications are recipients of EPA financial assistance agreements. Currently, all EPA financial assistance recipients are required to submit Form 5700 52A on a quarterly basis, except recipients of continuing environmental program grants, and institutions of higher education, hospitals and other non profit organizations receiving financial assistance awards under 40 CFR part 30, who report on an annual basis. By having recipients of continuing environmental program grants, institutions of higher education, hospitals, and other non profit organizations report on an annual basis, we have " establish [ ed] differing compliance or reporting requirements or timetables that take into account the resources available to those who are to respond," in accordance with the Regulatory Flexibility Act ( 5 U. S. C 601( 6)).

5( d) Collection Schedule Respondents are required to submit EPA Form 5700 52A thirty ( 30 days after the end of each federal fiscal quarter or annually, per the terms and conditions of the financial assistance agreement. Submission dates are January 30, April 30, July 30, and October 30. The submission date for annual reports is October 30.

6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION 6( a) and 6( b) Estimating Respondent Burden and Cost Respondent burden estimates can be found in Table 1 below. There are approximately 3600 respondents to this form based on the number of grants awarded by the Agency. 10 Approximately 1/ 3 of those respondents report on a quarterly basis. The remaining respondents report annually. The estimates in Table 1 reflect burden hour and cost estimates based on quarterly and annual reporting.

The wage rates used to determine cost were calculated as follows:

Applicant Wage Rate: $ 36.28 x 1.40 = $ 50.79 $ 36.28 represents the average wage rate of several occupations expected to manage financial assistance agreements. 1.40 represents a 40% rate for benefits. This figure was derived from Table 1. Civilian Workers, by Major Occupation Group; Management, Professional, and Related   found in the Bureau of Labor Statistics New Release, " Employer Costs for Employee Compensation   March 2005."

TABLE 1. ANNUAL RESPONDENT BURDEN/ COST ESTIMATE Burden Hours Total Hours Per Year Collection Activity Response Hours Per Year Annl. Qtr. Annl. Qtr. 2400 1200 Resp. Resp. Total Labor Costs Per Year ( hrs. x $ 50.79)

Annl. Qtr. Capital Costs O & M Costs Total Cost Per Year Review instructions .25 .25 1 600 1200 $ 30,474 $ 60,948 0 0 $ 91,422 Acquire, install, and utilize technology and systems 0 0 0 0 0 $ 0 $ 0 0 0 $ 0 Adjust existing ways to comply with previously applicable instructions and requirements 0 0 0 0 0 $ 0 $ 0 0 0 $ 0 Gather information .50 .50 2 1200 2400 $ 60,948 $ 121,896 0 0 $ 182,844 Search data sources 0 0 0 0 0 $ 0 $ 0 0 0 $ 0 Complete and review the collection of information .50 .50 2 1200 2400 $ 60,948 $ 121,896 0 0 $ 182,844 Transmit or otherwise disclose the information .25 .25 1 600 1200 $ 30,474 $ 60,948 0 0 $ 91,422 Store, file, or maintain the information 0 0 0 0 0 $ 0 $ 0 0 0 $ 0 TOTALS 1.50 1.50 6 3600 7200 $ 182,844 $ 365,688 0 0 $ 548,532 Respondent Total Burden Hours ( annual and quarterly) Per Year: 10,800 hrs Respondent Total Costs Per Year ( annual and quarterly): $ 548,532 Labor Costs Start up/ Capital Costs and Operation and Maintenance Costs  Start up costs for EPA grant applications and associated forms are minimal and are part of customary and usual recipient business expenses. There are no capital costs related to EPA grant related reporting requirements. Therefore, total start up and capital costs are zero ( 0). There are no O& M costs required. 11 6( c) Estimating Agency Burden and Cost Agency burden hours and costs are estimated below:

TABLE 2. ANNUAL AGENCY BURDEN/ COST ESTIMATE Burden Hours Total Hours Per Year Collection Activity Response Hours Per Year Annl. Qtr. Annl. Qtr. 2400 1200 Total Labor Costs Per Year ( hrs. x $ 48.10)

Annl. Qtr. Capital Costs O & M Costs Total Cost Per Year Review instructions 0 0 0 0 0 $ 0 $ 0 0 0 $ 0 Acquire, install, and utilize technology and systems .25 .25 1 600 1200 $ 28,860 $ 57,720 0 0 $ 86580 Adjust existing ways to comply with previously applicable instructions and requirements 0 0 0 0 0 $ 0 $ 0 0 0 $ 0 Gather information .25 .25 1 600 1200 $ 28,860 $ 57,720 0 0 $ 86580 Search data sources 0 0 0 0 0 $ 0 $ 0 0 0 $ 0 Complete and review the collection of information .50 .50 2 1200 2400 $ 57,720 $ 115440 0 0 $ 173160 Transmit or otherwise disclose the information .25 .25 1 600 1200 $ 28,860 $ 57,720 0 0 $ 86580 Store, file, or maintain the information .25 .25 1 600 1200 $ 28,860 $ 57,720 0 0 $ 86580 TOTALS 1.50 1.50 6 3600 7200 $ 173160 $ 346320 0 0 $ 519480 Agency Total Burden Hours Per Year: 10,800 Agency Total Costs Per Year: $ 519,480 The hourly labor rate was derived from using a GS 12, Step 5 hourly rate of $ 30.06, with a 1.6 benefit factor.

6( d) Estimating the Respondent Universe and Total Burden Costs The estimates are reflected in the analysis in Section 6( b).

6( e) Bottom Line Burden Hours and Cost Respondent Total Burden Hours Per Year: 10,800 hrs Shown on 83I Form block 13( c).

Respondent Total Costs Per Year : $ 548,532 Represents annualized labor costs not shown on 83I Form. 12 Agency Total Burden Hours Per Year: 10,800 Agency Total Costs Per Year: $ 519,480 6( f) Reason for Change in Burden The estimates reflect an increase in Respondent burden hours and costs due to extra time needed to review the new instructions for the form. Even though we received no comments regarding the form from our consultation efforts, or from public comments, hours to gather information to complete the form were increased in response to past comments about the form. The total change in burden represents an increase from 1 burden hour to 1.5 burden hours. Also the burden estimate was revised to include both annual and quarterly reporting. The original ICR only reflected annual reporting. Both of these changes are categorized as adjustments.

6( g) Burden Statement The annual public reporting and recordkeeping burden for this collection of information is estimated to average 1.5 hours per respondent. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information.

To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID Number EPA HQ OA 2006 0278, which is available for online viewing at www. regulations. gov, or in person viewing at the Enforcement and Compliance Docket and Information Center in the EPA Docket Center ( EPA/ DC), EPA West, Room B102, 1301 Constitution Avenue, NW, Washington, DC The EPA Docket Center Public Reading Room is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is ( 202) 566 1744, and the telephone number for the Enforcement and Compliance Docket and Information Center is ( 202) 566 1752. An electronic version of the public docket is available through EPA Dockets www. regulations. gov. This site can be used to submit or view public comments, access the index listing of the contents of the public docket and to access those documents in the public docket that are available electronically. When in the system, select " search," then key in the Docket ID number identified above. You can also send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention Desk Officer for EPA. Please include the EPA Docket Number: EPA HQ OA 2006 0278, and OMB Control Number 2090 0025 in any correspondence.


[Federal Register Volume 83, Number 193 (Thursday, October 4, 2018)]
[Proposed Rules]
[Pages 50050-50052]
[FR Doc No: 2018-21456]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2018-0883; Airspace Docket No. 18-ANE-5]
RIN 2120-AA66

Proposed Amendment of Class E Airspace; Bethel, ME

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend Class E airspace extending
upward from 700 feet above the surface at Bethel Regional Airport,
Bethel, ME, to accommodate new area navigation (RNAV) global
positioning system (GPS) standard instrument approach procedures
serving this airport. Controlled airspace is necessary for the safety
and management of instrument flight rules (IFR) operations at this
airport.

DATES: Comments must be received on or before November 19, 2018.

ADDRESSES: Send comments on this rule to: U. S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE, West Bldg
Ground Floor Rm W12-140, Washington, DC 20590; Telephone: 1-800-647-
5527, or<PHONE_NUMBER>. You must identify the Docket No. FAA-2018-
0883; Airspace Docket No. 18-ANE-5, at the beginning of your comments.
You may also submit and review received comments through the internet
at http://www.regulations.gov. You may review the public docket
containing the proposal, any comments received, and any final
disposition in person in the Dockets Office between

9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays.
    FAA Order 7400.11C, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed on line at http://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11C at NARA, call<PHONE_NUMBER>, or go
to https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, 1701
Columbia Avenue, College Park, GA 30337; telephone<PHONE_NUMBER>..

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This proposed rulemaking is promulgated under the authority
described in Subtitle VII, Part A, Subpart I, Section 40103. Under that
section, the FAA is charged with prescribing regulations to assign the
use of airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority, as it would amend Class E airspace extending upward from 700
feet above the surface at Bethel Regional Airport, Bethel, ME, to
support standard instrument approach procedures for IFR operations at
this airport.

Comments Invited

    Interested persons are invited to comment on this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (Docket No. FAA-
2018-0888 and Airspace Docket No. 18-ANE-5) and be submitted in
triplicate to DOT Docket Operations (see ADDRESSES section for the
address and phone number.) You may also submit comments through the
internet at http://www.regulations.gov.
    Persons wishing the FAA to acknowledge receipt of their comments on
this action must submit with those comments a self-addressed stamped
postcard on which the following statement is made: ``Comments to FAA
Docket No. FAA-2018-0883; Airspace Docket No. 18-ANE-5.'' The postcard
will be date/time stamped and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this document may be changed in light of the
comments received. All comments submitted will be available for
examination in the public docket both before and after the comment
closing date. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket. All communications received on or before the specified closing
date for comments will be considered before taking action on the
proposed rule. The proposal contained in this notice may be changed in
light of the comments received. A report summarizing each substantive
public contact with FAA personnel concerned with this rulemaking will
be filed in the docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at http://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Office (see the ADDRESSES section for address and phone number) between
9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined between 8:00 a.m. and
4:30 p.m., Monday through Friday, except federal holidays at the office
of the Eastern Service Center, Federal Aviation Administration, Room
350, 1701 Columbia Avenue, College Park, GA 30337.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11C, Airspace
Designations and Reporting Points, dated August 13, 2018, and effective
September 15, 2018. FAA Order 7400.11C is publicly available as listed
in the ADDRESSES section of this document. FAA Order 7400.11C lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Proposal

    The FAA is considering an amendment to Title 14 Code of Federal
Regulations (14 CFR) part 71 to amend Class E airspace extending upward
from 700 feet above the surface within a 8.6-mile radius (increased
from a 6-mile radius) of Bethel Regional Airport, Bethel, ME, providing
the controlled airspace required to support the new RNAV (GPS) standard
instrument approach procedures for IFR operations at Bethel Regional
Airport.
    Class E airspace designations are published in Paragraph 6005 of
FAA Order 7400.11C, dated August 13, 2018, and effective September 15,
2018, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designations listed in this document will be published
subsequently in the Order.

Regulatory Notices and Analyses

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

Environmental Review

    This proposal would be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and

Procedures'' prior to any FAA final regulatory action.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

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

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

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

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

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation
Administration Order 7400.11C, Airspace Designations and Reporting
Points, dated August 13, 2018, and effective September 15, 2018, is
amended as follows:

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

* * * * *

ANE ME E5 Bethel, ME [Amended]

Bethel Regional Airport, ME
    (Lat. 44[deg]25'31'' N, long. 70[deg]48'36'' W)

    That airspace extending upward from 700 feet above the surface
within an 8.6-mile radius of Bethel Regional Airport.

    Issued in College Park, Georgia, on September 25, 2018.
Christopher Cox,
Acting Manager, Operations Support Group, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2018-21456 Filed 10-3-18; 8:45 am]
 BILLING CODE 4910-13-P