experts, and others involved in the pipeline industry, as well as
government agencies that write regulations to ensure the products are
moved safely throughout the country. PHMSA staff members actively
participate in the standards development process to ensure that each
incorporated standard will enhance safety and environmental protection.
PHMSA reviews newer editions of standards in detail before
incorporating them into the PSRs. PHMSA reviewed each of the standards
described in this rule and noted that the majority of the updates
involve minor changes such as editorial changes, the inclusion of best
practices, or similar alterations. PHMSA staff examine updated industry
standards to ensure that the updates are consistent with the PSRs, will
improve compliance and safety, and are not merely self-serving.
    PHMSA expects that, as discussed above (a discussion that is
incorporated within this environmental assessment section), the
majority of updates proposed for incorporation in this NPRM will
promote public safety and environmental protection. In a small number
of instances, standards organizations relax standards to reduce
industry burden if such a change is justified by overlapping
protections, low risk, or technological innovation. ASME B16.40-2019,
for example, made a number of minor editorial changes. The sole change
that might appear to relax standards was updated language in Mandatory
Appendix I that removed PE2406 pipe. However, this pipe was only
removed because the standard replaced it with more modern PE2708 pipe,
thereby advancing pipeline safety.
    The 4th and 5th editions of API RP 652, which PHMSA is proposing
for incorporation into Sec.  195.579(d), discuss the use of risk-based
inspections to determine the frequency of inspection intervals.
However, Sec.  195.579(d), does not allow pipeline owners or operators
to use risk-based factors to determine inspection frequency; therefore,
this practice is inapplicable to the pipeline facilities that are
subject to this regulation. Additionally, the 5th edition removed a
number of documents from the standard and does not distinguish the
editions of standards listed in Section 2. However, PHMSA understands
that the removal of documents and the failure to distinguish standard
editions would not impact the level of safety that this standard
provides.
    API Spec 12F and API 650 are currently authorized design standards
for aboveground breakout tanks, as specified in Sec.  195.132. API Spec
12F is a design standard for shop-fabricated tanks used in production
operations and API 650 is a generic design standard applicable to
welded tanks for oil storage. However, since API 650 has a broader
scope than API Spec 12F, PHMSA is seeking comment regarding whether it
would be appropriate to remove API Spec 12F as an option for
aboveground breakout tanks.
    ASME B31.4-2019 removes Section 419, which might initially seem
like a reduction in safety; however, the information from that section
was integrated into Sections 401, 402, and 403. PHMSA intends to
incorporate by reference all of Sections 401 and 402, as well as parts
of Section 403, thereby establishing essentially the same design
requirements found in ASME B31.4-2006 without adding additional design
requirements in later editions of B31.4, many of which are already
included in other parts of 49 CFR part 195.
    ASNT ILI-PQ 2017 changes the word ``ensure'' to ``verify''
throughout the standard. PHMSA understands that this increases safety
by providing users with additional clarity and enforceability regarding
their responsibilities.
    ASTM A578/A578M-17 removes a reference to clad-steel plates. PHMSA
understands that these are non-substantive changes that would not
result in a reduction in pipeline safety.
    ASTM D2564-20 adds F3328-18: Standard Practice for the One-Step
(Solvent Cement Only) Method of Joining Poly (Vinyl Chloride) (PVC) or
Chlorinated Poly (Vinyl Chloride) (CPVC) Pipe and Piping Components
with Tapered Sockets. The PSRs only allow the repair of existing PVC
piping in regulated piping systems, but do not permit the use of PVC or
CPVC piping in new or replacement construction. ASTM D2564-20 added
F3328-18 to allow a new one-step application of solvent cement to join
PVC or CPVC pipe and fittings, as, prior to 2020, the PSRs only allowed
a two-step solvent-cement process that involved the use of a primer and
cement to join PVC or CPVC piping. This is an alternative to the two-
step primer and solvent process; and, like that process, it fulfills
the requirements of ASTM D2564 and provides equally safe, reliable, and
effective joining of PVC/CPVC pipe and fittings. PHMSA determined that
this change will not adversely affect either pipeline safety or PHMSA
regulations.
    ASTM F1055-16a removes standards, adds PEX pipe, adds an optional
alternative to full-scale tensile and crush tests, and removes language
and references to older PE pipe material designations such as PE2306,
PE2406, PE3406, and PE3408. The standards that it removes either are no
longer used or do not apply to the type of fittings this standard
addresses. Additionally, the standard specifies that the addition of
PEX pipe does not imply that PEX is an acceptable piping material for
part 192 applications, as the standard states that electrofusion-
fitting-joined PEX pipes may not be used to distribute natural or
liquid petroleum gas. The language and references to older PE pipe
materials that this standard removes are replaced by language and
references to newer PE pipe materials, such as PE2708 and PE4710.
Finally, the optional alternative to the full-scale tensile and crush
tests is limited in application to coupling-type joints that are 8 IPS
and larger and may only be used in cases where equipment to provide the
full-scale tests is not readily available. As stated previously,
standard equipment that is

used to test pipes up to 6 inches in diameter does not have the
strength to test pipes that are 8 inches in diameter or greater due to
the increased wall thickness of the pipes, which increases their
tensile strength and stiffness. The modified alternative testing was
developed to test in a way that is similar to the way in which steel
pipe and welds on steel pipe are tested. This testing requires standard
samples cut from the joint or material to be qualified, after which the
samples are tested according to standard methods and procedures listed
in Appendix A2.
    ASTM F1924-19 revises Section 7 to adjust temperature values from
single-decimal values to rounded single-digit values (e.g., 73.4  3.6 [deg]F (23  2[deg] C) now reads 73
4 [deg]F (23  2 [deg]C)). However, this is considered an
editorial change and should not reduce safety.
    ASTM F1948-20 eliminates nonmandatory Appendix X2 and adds four
referenced documents to Section 2. These are important revisions, as
they specify testing requirements for transitions between different
types of thermoplastic piping or between metallic and thermoplastic
piping. Further, ASTM F1948-20 incorporates the eliminated nonmandatory
appendix into performance requirements for material transitions in the
body of the standard. ASTM F1948-20 also requires installation
instructions to state the piping material(s) and/or combinations for
which the fitting was qualified. These changes increase specificity and
safety.
    ASTM F2785-18 removes Section 5.4 and renumbers the remaining
subparts of Section 5. This is not a reduction in safety because
Section 6.3 remains in the standard.
    NACE SP0102-2017 makes optional standards mandatory by replacing
the word ``should'' with the word ``shall'' 74 times. This constitutes
a significant change. However, PHMSA expects that this would make
little or no difference for the majority of pipeline operators, as
pipeline operators are familiar with this standard and most already
adhere to these requirements. This change strengthens the standard,
thereby increasing safety.
    PPI TR-3 removes the definition of multilayer pipe. This is not a
reduction in safety, however, as PHMSA expects that removal of the
definition will eliminate confusion regarding composite pipe groups.
    PPI TR-4 deletes companies and material designations from Table
I.A.I, removes names, and deletes Table I.A.21. This is not a reduction
in safety, however, because PHMSA reviewed these edits and noted that
they were merely editorial changes and clarifications.
    Further, PHMSA proposes to revise the definition of a moderate
consequence area in 49 CFR 192.3 by replacing the reference to a FHWA
document with a reference to the new appendix G to 49 CFR part 192. The
relevant language in appendix G would provide the same guidance on
moderate consequence areas that is currently provided by the FHWA
document, including guidance relevant to the terms in the definition of
a moderate consequence area. Thus, this proposed amendment would not
result in a substantive change to the definition of a moderate
consequence area.
    Finally, PHMSA proposes the removal of ASTM D638 from the listing
in Sec.  192.7(e)(10). This proposal is due to changes in the recent
Plastic Pipe Rule.\14\ The Plastic Pipe Rule edited language in Sec.
192.283(a) and (b), which no longer references ASTM D638. These
sections reference additional standards that are now incorporated for
different material types, such as ASTM F2945 for PA11 and ASTM F2785
for PA12.
---------------------------------------------------------------------------

    \14\ PHMSA, ``Pipeline Safety: Plastic Pipe Rule,'' 83 FR 58694
(Nov. 20, 2018).
---------------------------------------------------------------------------

    Agencies and Individuals Consulted: Subject matter experts within
PHMSA's Office of Pipeline Safety prepared this draft environmental
assessment. PHMSA solicits and will consider comments by members of the
public, State and local governments, Tribal communities, and industry
regarding the NPRM's potential impacts on the human environment.
    Proposed Finding of No Significant Impact: PHMSA incorporates
consensus standards that allow the pipeline industry to use improved
technologies, new materials, performance-based approaches,
manufacturing processes, and lessons learned to enhance public safety
and environmental protection. PHMSA's goal is to ensure hazardous
liquids, liquefied natural gas, and natural and other gases transported
by pipeline will arrive safely to their destinations. PHMSA is
confident that the standards proposed for incorporation by reference
will enhance the effectiveness of operator actions related to design,
operation, maintenance, and repair of pipeline facilities. Thus,
PHMSA's proposal is that this rulemaking will not result in significant
environmental impact.

K. Executive Order 13211

    Executive Order 13211 (``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'') requires
Federal agencies to prepare a Statement of Energy Effects for any
``significant energy action.'' \15\ That Executive order defines a
``significant energy action'' as any action by an agency (normally
published in the Federal Register) that promulgates or is expected to
lead to the promulgation of a final rule or regulation (including a
notice of inquiry, advanced NPRM, or NPRM) that (1) is a significant
regulatory action under Executive Order 12866 or any successor order
and is likely to have a significant adverse effect on the supply,
distribution, or use of energy, or (2) is designated by the
administrator of OIRA as a significant energy action.
---------------------------------------------------------------------------

    \15\ 66 FR 28355 (May 22, 2001).
---------------------------------------------------------------------------

    Transporting gas and hazardous liquids affects the Nation's
available energy supply. However, PHMSA understands that this NPRM
would not be a significant energy action under Executive Order 13211
because it would not be a significant regulatory action under Executive
Order 12866 and would not likely have a significant adverse effect on
the supply, distribution, or use of energy. Further, OIRA has not
designated this NPRM as a significant energy action.

L. Executive Order 13609 and International Trade Analysis

    Executive Order 13609 (``Promoting International Regulatory
Cooperation'') requires agencies to consider whether the impacts
associated with significant variations between domestic and
international regulatory approaches are unnecessary or may impair the
ability of U.S. businesses to export and compete internationally.\16\
By meeting shared challenges involving health, safety, labor,
environmental, security, and other issues, international regulatory
cooperation can identify approaches that are at least as protective as
those that would be adopted in the absence of such cooperation.
International regulatory cooperation can also reduce, eliminate, or
prevent unnecessary differences in regulatory requirements.
---------------------------------------------------------------------------

    \16\ 77 FR 26413 (May 4, 2012).
---------------------------------------------------------------------------

    Similarly, the Trade Agreements Act of 1979 (Pub. L. 96-39), as
amended by the Uruguay Round Agreements Act (Pub. L. 103-465),
prohibits Federal agencies from establishing any standards or engaging
in related activities that create unnecessary obstacles to the foreign
commerce of the United States. For purposes of these requirements,
Federal agencies may participate in the establishment of international
standards, so long as the standards have a legitimate domestic
objective--such as helping to ensure

safety--and do not operate to exclude imports that meet this objective.
The statute also requires consideration of international standards and,
where appropriate, that they serve as the basis for U.S. standards.
PHMSA participates in the establishment of international standards to
protect the safety of the U.S. public. PHMSA assessed the effects of
the proposed rule and understands that it would not cause unnecessary
obstacles to foreign trade.

List of Subjects

49 CFR Part 191

    Incident, Notifications.

49 CFR Part 192

    Incorporation by reference, Natural gas, Pipeline safety.

49 CFR Part 195

    Anhydrous ammonia, Carbon dioxide, Incorporation by reference,
Petroleum, Pipeline safety.
    In consideration of the foregoing, PHMSA is proposing to amend 49
CFR parts 191, 192, and 195 as follows:

PART 191--TRANSPORTATION OF NATURAL AND OTHER GAS BY PIPELINE;
ANNUAL, INCIDENT, AND OTHER REPORTING

0
1. The authority citation for part 191 continues to read as follows:

    Authority:  30 U.S.C. 185(w)(3), 49 U.S.C. 5121, 60101 et. seq.,
and 49 CFR 1.97.

Sec.  191.5  [Amended]

0
2. Amend Sec.  191.5(c) by removing the word ``telephonic''.

Sec.  191.22  [Amended]

0
3. Amend Sec.  191.22(c)(1)(i) by removing the words ``Construction of
any planned rehabilitation'' and adding, in their place, the words
``Construction or any planned rehabilitation''.

PART 192--TRANSPORTATION OF NATURAL AND OTHER GAS BY PIPELINE:
MINIMUM FEDERAL SAFETY STANDARDS

0
4. The authority citation for part 192 continues to read as follows:

    Authority: 30 U.S.C. 185(w)(3), 49 U.S.C. 5103, 60101 et. seq.,
and 49 CFR 1.97.

Sec.  192.3  [Amended]

0
5. Amend Sec.  192.3 in paragraph (1)(ii) of the definition of a
``Moderate consequence area'' by removing the text ``see: https://
www.fhwa.dot.gov/planning/processes/statewide/related/
highway_functional_classifications/fcauab.pdf'' and adding, in its
place, the text ``see appendix G to this part''.
0
6. Amend Sec.  192.7 by:
0
a. Removing the text ``Item I, Appendix B to Part 192'' wherever it
appears, and adding, in its place, the text ``item I, appendix B to
this part'';
0
b. Removing the text ``http://'' wherever it appears;
0
c. Removing the text ``, phone:'' wherever it appears, and adding, in
its place, the text ``; phone:'';
0
d. Removing the text ``, website:'' wherever it appears, and adding, in
its place, the text ``; website:'';
0
e. Revising paragraph (a);
0
f. Revising the introductory text to paragraph (b);
0
g. Revising the introductory text to paragraph (c) and paragraph
(c)(3);
0
h. Revising paragraph (d);
0
i. Removing paragraph (h) and redesignating paragraphs (e) through (g)
as paragraphs (f) through (h);
0
j. Adding new paragraph (e);
0
k. Revising the introductory text to newly-redesignated paragraph (f)
and newly-redesignated paragraphs (f)(4), (6), and (8);
0
l. Removing and reserving newly-redesignated paragraph (f)(10);
0
m. Revising newly-redesignated paragraph (f)(11);
0
n. In newly-redesignated paragraph (f)(12), removing the text ``D
2517'' and adding, in its place, the text ``D2517'';
0
o. Revising newly-redesignated paragraphs (f)(13) through (24);
0
p. Revising the introductory text for paragraph (i) and paragraph
(i)(1);
0
q. Revising the introductory text to paragraph (j); and
0
r. Revising paragraph (k).
    The revisions and addition read as follows:

Sec.  192.7   What documents are incorporated by reference partly or
wholly in this part?

    (a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. The materials listed in this section
have the full force of law. All approved incorporation by reference
material (IBR) is available for inspection at the Pipeline and
Hazardous Materials Safety Administration (PHMSA) and the National
Archives and Records Administration (NARA). Contact PHSMA at: Office of
Pipeline Safety, Pipeline and Hazardous Materials Safety
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590, 202-
366-4046; www.phmsa.dot.gov/pipeline/regs. For information on the
availability of this material at NARA, email [email protected] or
go to www.archives.gov/federal-register/cfr/ibr-locations.html. The
material may be obtained from the sources in the following paragraphs
of this section.
    (b) American Petroleum Institute (API). 200 Massachusetts Avenue
NW, Suite 1100, Washington, DC 20001-5571; phone:<PHONE_NUMBER>;
website: www.api.org/.
* * * * *
    (c) American Society of Mechanical Engineers (ASME). Three Park
Avenue, New York, NY 10016; phone:<PHONE_NUMBER> (U.S./Canada);
website: www.asme.org/.
* * * * *
    (3) ASME B16.40-2019, ``Manually Operated Thermoplastic Gas
Shutoffs and Valves in Gas Distribution Systems'', February 11, 2019,
approved by ANSI, (ASME B16.40); IBR approved for item I, appendix B to
this part.
* * * * *
    (d) American Society for Nondestructive Testing, (ASNT). 1711
Arlingate Lane, P.O. Box 28518, Columbus, OH 43228; phone: (800) 222-
2768; website: www.asnt.org/.
    (1) ASNT ILI-PQ 2017, ``In-line Inspection Personnel Qualification
and Certification'', January 1, 2018, (ASNT ILI-PQ); IBR approved for
Sec.  192.493.
    (2) [Reserved]
    (e) Association for Material Protection and Performance (AMPP),
(formerly NACE, International). 1440 South Creek Drive, Houston, Texas
77084; phone:<PHONE_NUMBER> or<PHONE_NUMBER>; website: www.ampp.org/.
    (1) ANSI/NACE SP0502-2010, Standard Practice, ``Pipeline External
Corrosion Direct Assessment Methodology'', revised June 24, 2010, (NACE
SP0502); IBR approved for Sec. Sec.  192.620(d); 192.923(b);
192.925(b); 192.931(d); 192.935(b); 192.939(a).
    (2) NACE SP0102-2017, ``In-Line Inspection of Pipelines,'' March
10, 2017, (NACE SP0102); IBR approved for Sec. Sec.  192.150(a);
192.493.
    (f) ASTM International. 100 Barr Harbor Drive, P.O. Box C700, West
Conshohocken, PA 19428; phone:<PHONE_NUMBER>; website: www.astm.org/.
* * * * *
    (4) ASTM A372/A372M-20e1, ``Standard Specification for Carbon and
Alloy Steel Forgings for Thin-Walled Pressure Vessels'', approved March
1, 2020, (ASTM A372/A372M); IBR approved for Sec.  192.177(b).
* * * * *
    (6) ASTM A578/A578M-17, ``Standard Specification for Straight-Beam
Ultrasonic Examination of Rolled Steel Plates for Special
Applications'', approved November 1, 2017, (ASTM A578/A578M); IBR
approved for Sec.  192.112(c).
* * * * *
    (8) ASTM A672/A672M-19, ``Standard Specification for Electric-

Fusion-Welded Steel Pipe for High-Pressure Service at Moderate
Temperatures'', approved November 1, 2019, (ASTM A672/672M); IBR
approved for Sec.  192.113; item I, appendix B to this part.
* * * * *
    (11) ASTM D2513-20, ``Standard Specification for Polyethylene (PE)
Gas Pressure Pipe, Tubing, and Fittings'', approved December 1, 2020,
(ASTM D2513); IBR approved for item I, appendix B to this part.
* * * * *
    (13) ASTM D2564-20, ``Standard Specification for Solvent Cements
for Poly (Vinyl Chloride) (PVC) Plastic Piping Systems'', approved
August 1, 2020, (ASTM D2564); IBR approved for Sec.  192.281(b).
    (14) ASTM F1055-16a, ``Standard Specification for Electrofusion
Type Polyethylene Fittings for Outside Diameter Controlled Polyethylene
and Crosslinked Polyethylene (PEX) Pipe and Tubing'', approved November
15, 2016, (ASTM F1055); IBR approved for Sec.  192.283(a); item I,
appendix B to this part.
    (15) ASTM F1924-19, ``Standard Specification for Plastic Mechanical
Fittings for Use on Outside Diameter Controlled Polyethylene Gas
Distribution Pipe and Tubing'', approved August 1, 2019, (ASTM F1924);
IBR approved for item I, appendix B to this part.
    (16) ASTM F1948-20, ``Standard Specification for Metallic
Mechanical Fittings for Use on Outside Diameter Controlled
Thermoplastic Gas Distribution Pipe and Tubing'', approved February 1,
2020, (ASTM F1948); IBR approved for item I, appendix B to this part.
    (17) ASTM F1973-13(2018), ``Standard Specification for Factory
Assembled Anodeless Risers and Transition Fittings in Polyethylene (PE)
and Polyamide 11 (PA11) and Polyamide 12 (PA12) Fuel Gas Distribution
Systems'', approved February 1, 2018, (ASTM F1973); IBR approved for
Sec.  192.204(b); item I, appendix B to this part.
    (18) ASTM F2145-13(2018), ``Standard Specification for Polyamide 11
(PA 11) and Polyamide 12 (PA12) Mechanical Fittings for Use on Outside
Diameter Controlled Polyamide 11 and Polyamide 12 Pipe and Tubing'',
approved February 1, 2018, (ASTM F2145); IBR approved for item I,
appendix B to this part.
    (19) ASTM F2600-09(2018), ``Standard Specification for
Electrofusion Type Polyamide-11 Fittings for Outside Diameter
Controlled Polyamide-11 Pipe and Tubing'', approved February 1, 2018,
(ASTM F2600); IBR approved for item I, appendix B to this part.
    (20) ASTM F2620-20ae2, ``Standard Practice for Heat Fusion Joining
of Polyethylene Pipe and Fittings'', approved December 1, 2020, (ASTM
F2620); IBR approved for Sec. Sec.  192.281(c); 192.285(b).
    (21) ASTM F2767-18, ``Standard Specification for Electrofusion Type
Polyamide-12 Fittings for Outside Diameter Controlled Polyamide-12 Pipe
and Tubing for Gas Distribution'', approved April 1, 2018, (ASTM
F2767); IBR approved for item I, appendix B to this part.
    (22) ASTM F2785-21, ``Standard Specification for Polyamide 12 Gas
Pressure Pipe, Tubing, and Fittings'', approved July 1, 2021, (ASTM
F2785); IBR approved for item I, appendix B to this part.
    (23) ASTM F2817-13(2019), ``Standard Specification for Poly (Vinyl
Chloride) (PVC) Gas Pressure Pipe and Fittings for Maintenance or
Repair'', approved May 1, 2019, (ASTM F2817); IBR approved for item I,
appendix B to this part.
    (24) ASTM F2945-18, ``Standard Specification for Polyamide 11 Gas
Pressure Pipe, Tubing, and Fittings'', approved September 1, 2018,
(ASTM F2945); IBR approved for item I, appendix B to this part.
* * * * *
    (i) National Fire Protection Association (NFPA). 1 Batterymarch
Park, Quincy, Massachusetts 02169; phone:<PHONE_NUMBER>; website:
www.nfpa.org/.
    (1) NFPA 30, ``Flammable and Combustible Liquids Code,'' 2021
Edition, ANSI-approved August 31, 2020, (NFPA 30); IBR approved for
Sec.  192.735(b).
* * * * *
    (j) Pipeline Research Council International, Inc. (PRCI). 15059
Conference Center Drive Suite 130, Chantilly, VA 20151; phone: (703)
205-1600; website: www.prci.org.
* * * * *
    (k) Plastics Pipe Institute, Inc. (PPI). 105 Decker Court, Suite
825, Irving, TX 75062; phone:<PHONE_NUMBER>; website:
www.plasticpipe.org/.
    (1) PPI TR-3/2021, ``Policies and Procedures for Developing
Hydrostatic Design Basis (HDB), Hydrostatic Design Stresses (HDS),
Pressure Design Basis (PDB), Strength Design Basis (SDB), Minimum
Required Strength (MRS) Ratings, and Categorized Required Strength
(CRS) for Thermoplastic Piping Materials or Pipe,'' June 16, 2021, (PPI
TR-3); IBR approved for Sec.  192.121(a).
    (2) PPI TR-4/2021, ``PPI HSB Listing of Hydrostatic Design Basis
(HDB), Hydrostatic Design Stress (HDS), Strength Design Basis (SDB),
Pressure Design Basis (PDB) and Minimum Required Strength (MRS) Ratings
For Thermoplastic Piping Materials or Pipe,'' June 16, 2021, (PPI TR-
4); IBR approved for Sec.  192.121(b).
0
7. Amend Sec.  192.18 by revising paragraph (a)(2) to read as follows:

Sec.  192.18   How to notify PHMSA.

    (a) * * *
    (2) Sending the notification by mail to ATTN: Information Resources
Manager, Office of Pipeline Safety, Pipeline and Hazardous Materials
Safety Administration, PHF-30, 1200 New Jersey Avenue SE, Washington,
DC 20590.
* * * * *
0
8. Amend Sec.  192.113 by removing the entry for ``ASTM A 672'' and
adding the entry ``ASTM A672/A672M'' in its place to read as follows:

Sec.  192.113  Longitudinal joint factor (E) for steel pipe.

* * * * *

------------------------------------------------------------------------
                                                      Longitudinal joint
          Specification               Pipe class           factor (E)
------------------------------------------------------------------------

                              * * * * * * *
ASTM A672/A672M.................  Electric-fusion-                  1.00
                                   welded.

                              * * * * * * *
------------------------------------------------------------------------

* * * * *

Sec.  192.121  [Amended]

0
9. Amend Sec.  192.121 by:
0
a. In paragraph (a), removing the text ``PPI TR-3/2012'' and adding, in
its place, the text ``PPI TR-3''; and
0
b. In paragraph (b)(4), removing the text ``PPI TR-4/2012'' and adding,
in its place, the text ``PPI TR-4''.

Sec.  192.204  [Amended]

0
10. Amend Sec.  192.204(b) by removing the text ``ASTM F1973-13'' and
adding, in its place, the text ``ASTM F1973''.

Sec.  192.281  [Amended]

0
11. Amend Sec.  192.281(b)(2) by removing the text ``ASTM D2564-12''
and adding, in its place, the text ``ASTM D2564''.

Sec.  192.283  [Amended]

0
12. Amend Sec.  192.283 by:
0
a. In paragraph (a)(1)(ii), removing the text ``ASTM D2517-00'' and
adding, in its place, the text ``ASTMD2517''; and
0
b. In paragraph (a)(1)(iii), removing the text ``ASTM F1055-98(2006)''
and adding, in its place, the text ``ASTM F1055''.

Sec.  192.327  [Amended]

0
13. Amend Sec.  192.327(g) by removing the text ``Sec.  192.612(b)(3)''
and adding, in its place, the text ``Sec.  192.612(c)(3)''.

Sec.  192.493  [Amended]

0
14. Amend Sec.  192.493 by removing the text ``ANSI/ASNT'' and adding,
in its place, the text ``ASNT''.
0
15. Amend Sec.  192.620 by revising paragraph (d)(7)(ii) to read as
follows:

Sec.  192.620   Alternative maximum allowable operating pressure for
certain steel pipelines.

* * * * *
    (d) * * *

------------------------------------------------------------------------
  To address increased risk of a
    maximum allowable operating
  pressure based on higher stress    Take the following additional step:
  levels in the following areas:
------------------------------------------------------------------------

                              * * * * * * *
(7) * * *                           * * *
                                    (ii) Remediate any construction
                                     damaged coating with a voltage drop
                                     classified as moderate or severe
                                     (IR drop greater than 35% for DCVG
                                     or 50 dB[micro]v for ACVG) under
                                     Section 4 of NACE SP0502
                                     (incorporated by reference, see
                                     Sec.   192.7).

                              * * * * * * *
------------------------------------------------------------------------

* * * * *
0
16. Amend appendix B to part 192 by:
0
a. In item I.A.:
0
i. Removing the text ``ASTM A672/A672M-09'' and adding, in its place,
the text ``ASTM A672/A672M'';
0
ii. Removing the text ``D2513``Standard'' and adding, in its place, the
text ``D2513 ``Standard'';
0
iii. Removing the text ``D 2517-00--Thermosetting plastic pipe and
tubing,'' and adding, in its place, the text ``D2517'';
0
iv. Removing the text ``ASTM F2785-12'' and adding, in its place, for
the text ``ASTM F2785'';
0
v. Removing the text ``ASTM F2817-10'' and adding, in its place, for
the text ``ASTM F2817''; and
0
vi. Removing the text for ``ASTM F2945-12a'' and adding, in its place,
for the text ``ASTM F2945''; and
0
b. Revising item I.B.
    The revision reads as follows:

Appendix B to Part 192--Qualification of Pipe and Components

I. * * *

B. Other Listed Specifications for Components

    ASME B16.40 ``Manually Operated Thermoplastic Gas Shutoffs and
Valves in Gas Distribution Systems'' (incorporated by reference, see
Sec.  192.7).
    ASTM D2513 ``Standard Specification for Polyethylene (PE) Gas
Pressure Pipe, Tubing, and Fittings'' (incorporated by reference,
see Sec.  192.7).
    ASTM D2517 ``Standard Specification for Reinforced Epoxy Resin
Gas Pressure Pipe and Fittings'' (incorporated by reference, see
Sec.  192.7).
    ASTM F1055 ``Standard Specification for Electrofusion Type
Polyethylene Fittings for Outside Diameter Controlled Polyethylene
and Crosslinked Polyethylene (PEX) Pipe and Tubing'' (incorporated
by reference, see Sec.  192.7).
    ASTM F1924 ``Standard Specification for Plastic Mechanical
Fittings for Use on Outside Diameter Controlled Polyethylene Gas
Distribution Pipe and Tubing'' (incorporated by reference, see Sec.
192.7).
    ASTM F1948 ``Standard Specification for Metallic Mechanical
Fittings for Use on Outside Diameter Controlled Thermoplastic Gas
Distribution Pipe and Tubing'' (incorporated by reference, see Sec.
192.7).
    ASTM F1973 ``Standard Specification for Factory Assembled
Anodeless Risers and Transition Fittings in Polyethylene (PE) and
Polyamide 11 (PA 11) and Polyamide 12 (PA 12) Fuel Gas Distribution
Systems'' (incorporated by reference, see Sec.  192.7).
    ASTM F2145 ``Standard Specification for Polyamide 11 (PA 11) and
Polyamide 12 (PA12) Mechanical Fittings for Use on Outside Diameter
Controlled Polyamide 11 and Polyamide 12 Pipe and Tubing''
(incorporated by reference, see Sec.  192.7).
    ASTM F 2600 ``Standard Specification for Electrofusion Type
Polyamide-11 Fittings for Outside Diameter Controlled Polyamide-11
Pipe and Tubing'' (incorporated by reference, see Sec.  192.7).
    ASTM F2767 ``Specification for Electrofusion Type Polyamide-12
Fittings for Outside Diameter Controlled Polyamide-12 Pipe and
Tubing for Gas Distribution'' (incorporated by reference, see Sec.
192.7).
    ASTM F2785 ``Standard Specification for Polyamide 12 Gas
Pressure Pipe, Tubing, and Fittings'' (PA-12) (incorporated by
reference, see Sec.  192.7).
    ASTM F2817 ``Standard Specification for Poly (Vinyl Chloride)
(PVC) Gas Pressure Pipe and Fittings for Maintenance or Repair''
(incorporated by reference, see Sec.  192.7).
    ASTM F2945 ``Standard Specification for Polyamide 11 Gas
Pressure Pipe, Tubing, and Fittings'' (PA-11) (incorporated by
reference, see Sec.  192.7).
* * * * *
0
17. Add appendix G to part 192 to read as follows:

Appendix G to Part 192--Guidance on Moderate Consequence Areas

I. List of Definitions

A. Other Principal Arterials

    These roadways serve major centers of metropolitan areas,
provide a high degree of mobility, and can also provide mobility
through rural areas. Unlike their access-controlled counterparts,
these roadways can serve abutting land uses directly. Forms of
access for other principal arterial roadways include driveways to
specific parcels and at-grade intersections with other roadways. For
the most part, roadways that fall into the top three functional
classification categories (interstate, other freeways and
expressways, and other principal arterials) provide similar service
in both urban and rural areas. The primary difference is that
multiple arterial routes usually serve a particular urban area,
radiating out from the urban center to serve the surrounding region.
In contrast, an expanse of a rural area of equal size would be
served by a single arterial.

B. Minor Arterials

    Minor arterials provide service for trips of moderate length,
serve geographic areas that are smaller than their higher-arterial
counterparts, and offer connectivity to the higher-arterial system.
In an urban context, they interconnect and augment the higher-
arterial system, provide intra-community continuity, and may carry
local bus routes. In rural settings, minor arterials should be
identified and spaced at intervals that are consistent with
population density so that all developed areas are within a
reasonable distance of a higher-level Arterial. Additionally, minor
arterials in rural areas are typically designed to provide
relatively high overall travel speeds, with minimum interference to
through movement. The spacing of minor-arterial streets may
typically vary from \1/8\- to \1/2\-mile in the central business
district and between 2 and 3 miles in the suburban fringes.
Normally, the spacing should not exceed 1 mile in fully developed
areas.

C. Major and Minor Collectors

    Collectors serve a critical role in the roadway network by
gathering traffic from local roads and funneling it into the
arterial network. Within the context of functional classification,
collectors are broken down into two categories: major collectors and
minor collectors. Until recently, this division was considered only
in the rural environment. Currently, all collectors, regardless of
whether they are within a rural area or an urban area, may be sub-
stratified into major and minor categories. The determination
regarding whether a given collector is a major or minor collector is
frequently one of the biggest challenges in functionally classifying
a roadway network. In the rural environment, collectors generally
serve primarily intra-county travel (rather than statewide) and
constitute those routes on which, independent of traffic volume,
predominant travel distances are shorter than on arterial routes.
Consequently, more moderate speeds may be posted. The distinctions
between major collectors and minor collectors are often subtle.
Generally, major-collector routes are longer in length, have lower
connecting-driveway densities, have higher speed limits, are spaced
at greater intervals, have higher annual average traffic volumes,
and may have more travel lanes than their minor-collector
counterparts. Careful consideration should be given to these factors
when assigning a major or minor collector designation. In rural
areas, annual average daily traffic and spacing may be the most
significant designation factors. Since major collectors offer more
mobility and minor collectors offer more access, it is beneficial to
reexamine these two fundamental concepts of functional
classification. Overall, the total mileage of major collectors is
typically lower than the total mileage of minor collectors, while
the total collector mileage is typically one-third of the local
roadway network.

PART 195--TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE

0
18. The authority citation for part 195 continues to read as follows:

    Authority: 30 U.S.C. 185(w)(3), 49 U.S.C. 5103, 60101 et seq.,
and 49 CFR 1.97.

0
19. Amend Sec.  195.3 by:
0
a. Revising paragraph (a);
0
b. Revising the introductory text of paragraph (b) and paragraphs
(b)(6), (11), (15) and (16), and (21) through (23);
0
c. Revising the introductory text of paragraph (c) and paragraph
(c)(3);
0
d. Revising paragraph (d);
0
e. Removing paragraph (g) and redesignating paragraphs (e) and (f) as
paragraphs (f) and (g);
0
f. Adding new paragraph (e);
0
g. Revising the introductory text of newly-redesignated paragraph (f)
and newly-redesignated paragraph (f)(6);
0
h. In newly-redesignated paragraph (g) introductory text:
0
i. Removing the text ``, phone:'' and adding, in its place, the text
``; phone:''; and
0
ii. Removing the text ``, website: http://'' and adding, in its place,
the text ``; website:'';
0
i. Revising paragraph (h); and
0
j. Revising the introductory text to paragraph (i).
    The revisions and addition read as follows:

Sec.  195.3   What documents are incorporated by reference partly or
wholly in this part?

    (a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. The materials listed in this section
have the full force of law. All approved incorporation by reference
material (IBR) is available for inspection at the Pipeline and
Hazardous Materials Safety Administration (PHMSA) and the National
Archives and Records Administration (NARA). Contact PHSMA at: Office of
Pipeline Safety, Pipeline and Hazardous Materials Safety
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590, 202-
366-4046; www.phmsa.dot.gov/pipeline/regs. For information on the
availability of this material at NARA, email [email protected] or
go to www.archives.gov/federal-register/cfr/ibr-locations.html. The
material may be obtained from the sources in the following paragraphs
of this section.
    (b) American Petroleum Institute (API). 200 Massachusetts Avenue
NW, Suite 1100, Washington, DC 20001-5571; phone:<PHONE_NUMBER>;
website: www.api.org/.
* * * * *
    (6) API Recommended Practice 652, ``Linings of Aboveground
Petroleum Storage Tank Bottoms,'' 5th Edition, May 1, 2020, (API RP
652); IBR approved for Sec.  195.579(d).
* * * * *
    (11) API Recommended Practice 2003, ``Protection Against Ignitions
Arising out of Static, Lightning, and Stray Currents,'' 8th Edition,
September 1, 2015, (API RP 2003); IBR approved for Sec.  195.405(a).
* * * * *
    (15) API Specification 12F, ``Specification for Shop Welded Tanks
for Storage of Production Liquids,'' 13th Edition, January 1, 2019,
(API Spec 12F); IBR approved for Sec. Sec.  195.132(b); 195.205(b);
195.264(b), (e); 195.307(a); 195.565; 195.579(d).
    (16) API Standard 510, ``Pressure Vessel Inspection Code: In-
Service Inspection, Rating, Repair, and Alteration,'' 10th Edition, May
1, 2014, (API Std 510), Including Addendum 1 (May 2017) and Addendum 2
(March 2018); IBR approved for Sec. Sec.  195.205(b); 195.432(c).
* * * * *
    (21) API Standard 1163, ``In-Line Inspection Systems
Qualification'', Second edition, April 2013, (API Std 1163); IBR
approved for Sec.  195.591.
    (22) ANSI/API Standard 2000, ``Venting Atmospheric and Low-pressure
Storage Tanks,'' 6th edition, November 2009, (ANSI/API Std 2000); IBR
approved for Sec.  195.264(e).
    (23) API Standard 2510, ``Design and Construction of LPG
Installations,'' 9th Edition, August 2020, (API Std 2510); IBR approved
for Sec. Sec.  195.132(b); 195.205(b); 195.264(b), (e); 195.307(e);
195.428(c); 195.432(c).
    (c) American Society of Mechanical Engineers (ASME). Two Park
Avenue, New York, NY 10016; phone:<PHONE_NUMBER> (U.S/Canada);
website: www.asme.org/.
* * * * *
    (3) ASME B31.4-2019, ``Pipeline Transportation Systems for Liquids
and Slurries,'' November 1, 2019, (ASME B31.4); IBR approved for Sec.
195.110(a).
* * * * *
    (d) American Society for Nondestructive Testing (ASNT). P.O. Box
28518, 1711 Arlingate Lane, Columbus, OH 43228; phone:<PHONE_NUMBER>;
website: www.asnt.org.
    (1) ASNT ILI-PQ-2017, ``In-line Inspection Personnel Qualification
and Certification,'' January 1, 2018, (ASNT ILI-PQ); IBR approved for
Sec.  195.591.
    (2) [Reserved]
    (e) Association for Material Protection and Performance (AMPP)
(formerly NACE). 1440 South Creek Drive, Houston, TX 77084; phone:
(281) 228-6223 or<PHONE_NUMBER>; website: www.ampp.org/.

    (1) NACE SP0169-2007, Standard Practice, ``Control of External
Corrosion on Underground or Submerged Metallic Piping Systems'',
reaffirmed March 15, 2007, (NACE SP0169); IBR approved for Sec. Sec.
195.571; 195.573(a).
    (2) ANSI/NACE SP0502-2010, Standard Practice, ``Pipeline External
Corrosion Direct Assessment Methodology,'' June 24, 2010, (NACE
SP0502); IBR approved for Sec.  195.588(b).
    (3) NACE SP0102-2017, ``In-Line Inspection of Pipelines,'' March
10, 2017, (NACE SP0102); IBR approved for Sec. Sec.  195.120(a);
195.591.
    (4) NACE SP0204-2008, ``Standard Practice, Stress Corrosion
Cracking (SSC) Direct Assessment Methodology'', reaffirmed September
18, 2008, (NACE SP0204); IBR approved for Sec.  195.588(c).
    (f) ASTM International. 100 Barr Harbor Drive, P.O. Box C700, West
Conshohocken, PA 19428; phone:<PHONE_NUMBER>; website: www.astm.org/.
* * * * *
    (6) ASTM A672/A672M-19, ``Standard Specification for Electric-
Fusion-Welded Steel Pipe for High-Pressure Service at Moderate
Temperatures,'' approved November 1, 2019, (ASTM A672/672M); IBR
approved for Sec.  195.106(e).
* * * * *
    (h) National Fire Protection Association (NFPA). 1 Batterymarch
Park, Quincy, MA 02169; phone:<PHONE_NUMBER>; website: www.nfpa.org/.
    (1) NFPA 30, ``Flammable and Combustible Liquids Code,'' 2021
Edition, ANSI-approved August 31, 2020; IBR approved for Sec.
195.264(b).
    (2) [Reserved]
    (i) Pipeline Research Council International, Inc. (PRCI). 15059
Conference Center Drive Suite 130, Chantilly, VA 20151; phone: (703)
205-1600; website: www.prci.org.
* * * * *

Sec.  195.54  [Amended]

0
20. Amend Sec.  195.54 by removing the text ``on DOT Form 7000-1''
wherever it appears and adding, in its place, the text ``on DOT Form
7000-1 or 7000-2, whichever is applicable''.
0
21. Amend Sec.  195.110 by revising paragraph (a) to read as follows:

Sec.  195.110   External loads.

    (a) Anticipated external loads (e.g., earthquakes, vibration,
thermal expansion, and contraction) must be provided for in a pipeline
system's design. Sections 401, 402, 403.3, and 403.9 of ASME B31.4
(incorporated by reference, see Sec.  195.3) must be followed to
provide for expansion and flexibility.
* * * * *

Sec.  195.264  [Amended]

0
22. Amend Sec.  192.264(b)(1) introductory text by removing the text
``NFPA-30'' and adding, in its place, the text ``NFPA 30''.

Sec.  195.307  [Amended]

0
23. Amend Sec.  192.307 by:
0
a. In paragraph (a), removing the text ``12 F'' and adding, in its
place, the text ``12F'';
0
b. In paragraph (d), removing the text ``12 C'' and adding, in its
place, the text ``12C''; and
0
c. In paragraph (e), removing the text ``or 2)'' and adding, in its
place, the text ``or 2, incorporated by reference, see Sec.  195.3)''.
0
24. Revise Sec.  195.591 to read as follows:

Sec.  195.591   In-Line inspection of pipelines.

    When conducting in-line inspection of pipelines required by this
part, each operator must comply with the requirements and
recommendations of API Std 1163, ASNT ILI-PQ, and NACE SP0102 (all
incorporated by reference, see Sec.  195.3). An in-line inspection may
also be conducted using tethered or remote-control tools provided they
generally comply with those sections of NACE SP0102 that are
applicable.

    Issued in Washington, DC, on August 5, 2022, under authority
delegated in 49 CFR 1.97.
Alan K. Mayberry,
Associate Administrator for Pipeline Safety.
[FR Doc. 2022-17219 Filed 8-26-22; 8:45 am]
BILLING CODE 4910-60-P


[Federal Register Volume 81, Number 229 (Tuesday, November 29, 2016)]
[Notices]
[Pages 86067-86068]
[FR Doc No: 2016-28682]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0196]

Agency Information Collection Activities; Extension of a
Currently-Approved Information Collection Request: Transportation of
Hazardous Materials, Highway Routing

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice and request for comments.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FMCSA
announces its plan to submit the Information Collection Request (ICR)
described below to the Office of Management and Budget (OMB) for review
and approval. The FMCSA requests approval to extend an existing ICR
titled, ``Transportation of Hazardous Materials, Highway Routing.'' The
information reported by States and Indian tribes is necessary to
identify designated/restricted routes and restrictions or limitations
affecting how motor carriers may transport certain hazardous materials
on their highways, including dates that such routes were established
and information on subsequent changes or new hazardous materials
routing designations. FMCSA received no comments in response to the 60-
day Federal Register Notice published on July 29, 2016.

DATES: Please send your comments by December 29, 2016. OMB must receive
your comments by this date in order to act on the ICR.

ADDRESSES: All comments should reference Federal Docket Management
System (FDMS) Docket Number FMCSA-2016-0196. Interested persons are
invited to submit written comments on the proposed information
collection to the Office of Information and Regulatory Affairs, Office
of Management and Budget. Comments should be addressed to the attention
of the Desk Officer, Department of Transportation/Federal Motor Carrier
Safety Administration, and sent via

electronic mail to<EMAIL_ADDRESS>or faxed to (202) 395-
6974, or mailed to the Office of Information and Regulatory Affairs,
Office of Management and Budget, Docket Library, Room 10102, 725 17th
Street NW., Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Vincent Babich, Office of Enforcement
and Compliance, Hazardous Materials Division, Department of
Transportation, Federal Motor Carrier Safety Administration, 6th Floor,
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
Telephone:<PHONE_NUMBER>; Email Address<EMAIL_ADDRESS>Office
hours are from 9 a.m. to 5 p.m., Monday through Friday, except Federal
Holidays.

SUPPLEMENTARY INFORMATION:
    Title: Transportation of Hazardous Materials, Highway Routing.
    OMB Control Number: 2126-0014.
    Type of Request: Extension of a currently approved information
collection.
    Respondents: The reporting burden is shared by 50 States, the
District of Columbia, Indian tribes with designated routes, and U.S.
Territories including; Puerto Rico, American Samoa, Guam, the
Commonwealth of the Northern Mariana Islands, and the U.S. Virgin
Islands.
    Estimated Number of Respondents: 57 [36 States and the District of
Columbia, with designated hazardous materials highway routes + 20
States/U.S. Territories without designated hazardous materials highway
routes + 1 Indian tribe with a designated route = 57].
    Estimated Time per Response: 15 minutes.
    Expiration Date: April 30, 2017.
    Frequency of Response: Once every two years.
    Estimated Total Annual Burden: 7 hours [57 annual respondents x 1
response per 2 years x 15 minutes per response/60 minutes per response
= 7.125 hours rounded to 7 hours].
    Background: The data for the Transportation of Hazardous Materials;
Highway Routing ICR is collected under authority of 49 U.S.C. 5112 and
5125. Specifically, 49 U.S.C. 5112(c) requires that the Secretary, in
coordination with the States, ``shall update and publish periodically a
list of currently effective hazardous material highway route
designations.''
    In 49 CFR 397.73, the FMCSA requires that each State and Indian
tribe, through its routing agency, provide information identifying new,
or changes to existing, hazardous materials routing designations within
its jurisdiction within 60 days after their establishment (or 60 days
of the change). That information is collected and consolidated by FMCSA
and published annually, in whole or as updates, in the Federal
Register.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including: (1) Whether the proposed
collection is necessary for the FMCSA to perform it's functions; (2)
the accuracy of the estimated burden; (3) ways for the FMCSA to enhance
the quality, usefulness, and clarity of the collected information; and
(4) ways that the burden could be minimized without reducing the
quality of the collected information.

    Issued under the authority delegated in 49 CFR 1.87 on: November
17, 2016.
G. Kelly Regal,
Associate Administrator for Office of Research and Information
Technology.
[FR Doc. 2016-28682 Filed 11-28-16; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register: September 19, 2008 (Volume 73, Number 183)]
[Notices]
[Page 54418]
[DOCID:fr19se08-80]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[FEMA-1773-DR]

Missouri; Amendment No. 12 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Missouri (FEMA-1773-DR), dated June 25, 2008, and
related determinations.

DATES: Effective Date: September 12, 2008.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance
Directorate, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Missouri is hereby amended to include the following
area among those areas determined to have been adversely affected by
the catastrophe declared a major disaster by the President in his
declaration of June 25, 2008.

    Callaway County for Public Assistance (already designated for
Individual Assistance).

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

R. David Paulison,
Administrator, Federal Emergency Management Agency.
[FR Doc. E8-21952 Filed 9-18-08; 8:45 am]

BILLING CODE 9110-10-P


[Federal Register Volume 77, Number 250 (Monday, December 31, 2012)]
[Notices]
[Pages 77159-77160]
[FR Doc No: 2012-31253]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68523; File No. SR-ICEEU-2012-21]

 Self-Regulatory Organizations; ICE Clear Europe Limited; Notice
of Filing and Immediate Effectiveness of Proposed Rule Changes To
Implement Requirements of Commodity Futures Trading Commission Rule
39.13(g)(8)(ii)

December 21, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on December 19, 2012, ICE Clear Europe Limited (``ICE Clear Europe'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change described in Items I, II and III below, which
items have been prepared primarily by ICE Clear Europe. ICE Clear
Europe filed the proposal pursuant to Section 19(b)(3)(A)(iii) of the
Act,\3\ and Rule 19b-4(f)(4)(ii) \4\ thereunder so that the proposal
was effective upon filing with the Commission. The Commission is
publishing this Notice to solicit comments on the proposed rule change
from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(4)(ii).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of Terms of Substance of
the Proposed Rule Change

    ICE Clear Europe proposes to implement Commodity Futures Trading
Commission (``CFTC') Rule 39.13(g)(8)(ii), which requires that FCM
Clearing Members collect customer initial margin for customer non-hedge
positions at a level that is greater than 100% of ICE Clear Europe's
initial margin requirements. As a result, ICE Clear Europe has
established a minimum percentage of 110% in respect of non-hedge
customers for energy futures. All capitalized terms not defined herein
are defined in the ICE Clear Europe Rules.

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

    In its filing with the Commission, ICE Clear Europe included
statements concerning the purpose of and basis for the proposed rule
change and discussed any comments it received on the proposed rule
change. The text of these statements may be examined at the places
specified in Item IV below. ICE Clear Europe has prepared summaries,
set forth in sections A, B, and C below, of the most significant
aspects of such statements.\5\
---------------------------------------------------------------------------

    \5\ The Commission has modified the text of the summaries
prepared by OCC.
---------------------------------------------------------------------------

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

    The purpose of the change is to implement the requirements of CFTC
Rule 39.13(g)(8)(ii). ICE Clear Europe has informed FCM Clearing
Members of the new requirements of CFTC Rule 39.13(g)(8)(ii). This rule
requires that FCM Clearing Members collect customer initial margin for
customer non-hedge positions at a level that is greater than 100% of
ICE Clear Europe's initial margin requirements. Accordingly, ICE Clear
Europe has established a minimum percentage of 110% in respect of non-
hedge customers for energy futures. As a result, as of October 4, 2012,
FCM Clearing Members must collect an amount of no less than 110% of ICE
Clear Europe's initial margin requirement in respect of those
customers.
    Section 17A(b)(3)(F) of the Act \6\ requires, among other things,
that the rules of a clearing agency be designed to promote the prompt
and accurate clearance and settlement of securities transactions and,
to the extent applicable, derivative agreements, contracts, and
transactions. ICE Clear Europe believes that the proposed change to
margin requirements applicable to FCM Clearing Members is consistent
with the requirements of the Act and the rules and regulations
thereunder applicable to ICE Clear Europe, in particular, with Section
17A(b)(3)(F),\7\ because improved margining facilitates the prompt and
accurate clearance and settlement and improves the safety and soundness
of the clearing house.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78q-1(b)(3)(F).
    \7\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    ICE Clear Europe does not believe the proposed change would have
any impact, or impose any burden, on competition.

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

    Written comments relating to the proposed change have not been
solicited or received. ICE Clear Europe will notify the Commission of
any written comments received by ICE Clear Europe.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(iii) \8\ of the Act and Rule 19b-4(f)(4)(ii) \9\ thereunder
because it primarily affects the futures clearing operations of the
clearing agency with respect to futures that are not security futures,
and does not significantly affect the securities clearing operations of
the clearing agency or any related rights or obligations of the
clearing agency or persons using such service. At any time within 60
days of the filing of the proposed rule change, the Commission
summarily may temporarily suspend such rule change if it appears to the
Commission that such action is necessary or appropriate in the public
interest, for the protection of investors, or otherwise in furtherance
of the purposes of the Act.\10\
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \9\ 17 CFR 240.19b-4(f)(4)(ii).
    \10\ 15 U.S.C. 78s(b)(3)(C).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml), or
     Send an email to<EMAIL_ADDRESS>Please include
File No. SR-ICEEU-2012-21 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ICEEU-2012-21. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the

proposed rule change between the Commission and any person, other than
those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office of ICE Clear Europe
and on ICE Clear Europe's Web site at https://www.theice.com/publicdocs/regulatory_filings/ICEU_SEC_121912_2012-21.pdf.
    All comments received will be posted without change; the Commission
does not edit personal identifying information from submissions. You
should submit only information that you wish to make available
publicly. All submissions should refer to File Number SR-ICEEU-2012-21
and should be submitted on or before January 22, 2013.
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    \11\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-31253 Filed 12-28-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 112 (Tuesday, June 11, 2019)]
[Notices]
[Pages 27167-27169]
[FR Doc No: 2019-12193]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-86039; File No. SR-ICC-2019-004]

Self-Regulatory Organizations; ICE Clear Credit LLC; Order
Approving Proposed Rule Change Relating to the ICC Model Validation
Framework

June 5, 2019.

I. Introduction

    On April 5, 2019, ICE Clear Credit LLC (``ICC'') filed with the
Securities and Exchange Commission (``Commission''), pursuant to
Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act''),\1\
and Rule 19b-4 thereunder,\2\ a proposed rule change to revise the ICC
Model Validation Framework. The proposed rule change was published in
the Federal Register on April 23, 2019.\3\ The Commission has not
received any comments on the proposed rule change. For the reasons
discussed below, the Commission is approving the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Securities Exchange Act Release No. 34-85673 (April 17,
2019), 84 FR 16900 (April 23, 2019) (SR-ICC-2019-004) (``Notice'').
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II. Description of the Proposed Rule Change

    The proposed rule change would revise the ICC Model Validation
Framework (``Framework''), which sets forth ICC's model validation
procedures.\4\ Through the model validation procedures, ICC determines
the appropriateness of changes to the risk modeling components (``Model
Components'') of ICC's risk management system and the appropriateness
of the configuration and calibration of ICC's risk management system.
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    \4\ Notice, 84 FR at 16900. Capitalized terms used herein but
not otherwise defined have the meaning set forth in the Framework
and ICE Clear Credit rulebook, which is available at https://www.theice.com/clear-credit/regulation.
---------------------------------------------------------------------------

    The proposed rule change would update the Framework's
classification of Model Components, categorization of model changes,
documentation requirements relating to model inventory, the priority
scale used by independent validators, and the annual validation of
Model Components and related practices.
    The proposed rule change would revise the `Risk Management System
Models' section to account for Model Components that are no longer
utilized.\5\ Currently, the Framework classifies Model Components as
new Model Components, which consider risk drivers that are not
currently included in the risk management system, and enhancements to
Model Components, which improve upon the methodologies used by the risk
management system to consider a given risk driver or drivers (these
are, collectively, ``Model Change''). The proposed rule change would
amend the Framework to add a category for retired Model Components,
which are Model Components that are no longer utilized in the risk
management system.
---------------------------------------------------------------------------

    \5\ Notice, 84 FR at 16901.
---------------------------------------------------------------------------

    In the `Model Change Qualification and Materiality' section, the
proposed rule change would add a quantitative measure to define certain
Model Changes.\6\ Currently, the Framework classifies a Model Change as
either Materiality A or Materiality B, depending on how substantially
the Model Change affects the risk management system's assessment of
risk for the related risk driver or drivers. Materiality B model
changes do not substantially affect the risk management system's
assessment of risk for the related risk driver or drivers. The proposed
rule change would characterize any Model Change that leads to a
decrease/increase of the total pre-funded financial resources over a
certain percentage as a Materiality A Model Change.
---------------------------------------------------------------------------

    \6\ Notice, 84 FR at 16901.
---------------------------------------------------------------------------

    The proposed revisions to the `Documentation Requirements' section
of the Framework would relate to the Model Inventory.\7\ The Model
Inventory is maintained by the ICC Risk Department and contains key
information about all Model Components and Model Changes. The Framework
currently specifies documentation requirements for the information
maintained in the Model Inventory. The proposed rule change would
update the documentation requirements to require documentation related
to retired Model Components and to remove information related to design
and development resources and the location of filenames of certain
documents, which ICC no longer

considers relevant for purposes of the Model Inventory.
---------------------------------------------------------------------------

    \7\ Notice, 84 FR at 16901.
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    The proposed updates to the `Independent Initial Validation'
section would relate to the priority scale used by independent
validators in completing initial validations.\8\ The Framework
currently directs independent validators conducting initial validations
to classify their findings based on a priority scale, consisting of
high, medium, and low priority ratings, and an observation only rating.
The Framework currently describes low priority findings as those where
the likely deficiencies or impact to any process is not material. The
Framework currently requires that ICC document all low priority items
and address them within a reasonable timescale. The proposed rule
change would modify this requirement to provide that ICC, in
consultation with the Risk Committee, may determine that a low priority
item does not reflect a potential deficiency and take no action. The
proposed rule change would make an identical change with respect to low
priority items found by independent validators conducting periodic
reviews.
---------------------------------------------------------------------------

    \8\ Notice, 84 FR at 16901.
---------------------------------------------------------------------------

    The proposed rule change would make clarifying changes to the
`Independent Periodic Review' section.\9\ Specifically, the proposed
rule change would add information regarding how ICC tracks the annual
validation of Model Components and related practices. Currently, the
Framework only provides that independent validators perform periodic
reviews of Model Components and related practices once in every
calendar year. The proposed rule change would further specify that
independent validators perform periodic reviews of Model Components and
related practices at least every twelve months and that ICC relies on
the date of the engagement letter to track this twelve month
requirement. The proposed rule change would also make a clarifying
change to the `Independent Periodic Review' section to refer to a
twelve month cycle of reviews, rather than reviews each year.
---------------------------------------------------------------------------

    \9\ Notice, 84 FR at 16901.
---------------------------------------------------------------------------

III. Discussion and Commission Findings

    Section 19(b)(2)(C) of the Act directs the Commission to approve a
proposed rule change of a self-regulatory organization if it finds that
such proposed rule change is consistent with the requirements of the
Act and the rules and regulations thereunder applicable to such
organization.\10\ For the reasons given below, the Commission finds
that the proposed rule change is consistent with Section 17A(b)(3)(F)
of the Act \11\ and Rules 17Ad-22(b)(2), 17Ad-22(b)(3), and 17Ad-
22(b)(4) thereunder.\12\
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(2)(C).
    \11\ 15 U.S.C. 78q-1(b)(3)(F).
    \12\ 17 CFR 240.17Ad-22(b)(2)-(4).
---------------------------------------------------------------------------

A. Consistency With Section 17A(b)(3)(F) of the Act

    Section 17A(b)(3)(F) of the Act requires, among other things, that
the rules of ICC be designed to promote the prompt and accurate
clearance and settlement of securities transactions and, to the extent
applicable, derivative agreements, contracts, and transactions, as well
as to assure the safeguarding of securities and funds which are in the
custody or control of ICC or for which it is responsible, and, in
general, to protect investors and the public interest.\13\
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

    The Commission believes that the proposed rule change would enhance
the operation of the Framework. Specifically, the Commission believes
that in adding a category for retired Model Components the proposed
rule change would distinguish Model Components that are no longer used,
avoiding potential confusion regarding which Model Components are
currently effective.
    The Commission also believes that by adding a quantitative measure
to define Materiality A Model Changes, the proposed rule change would
provide greater certainty and objectivity regarding Materiality A Model
Changes, which is important given that Materiality A Model Changes are
subject to internal initial validation and an independent initial
validation.
    The Commission further believes that in adding retired Model
Components to the Model Inventory the proposed rule change would help
ensure that ICC has information on retired Model Components in case it
ever needs to employ those Model Components again or needs to use those
retired Model Components in developing new Model Components. Moreover,
the Commission believes that in removing information no longer
considered relevant to the Model Inventory, the proposed rule change
would help to ensure that the Model Inventory focuses only on the
information needed to carry out the purposes of the Framework.
    In specifying that ICC, in consultation with the Risk Committee,
may determine that a low priority item found by an independent
validator during an initial validation or periodic review does not
reflect a potential deficiency and take no action in response to the
item, the Commission believes that the proposed rule change would allow
ICC to efficiently close findings by independent validators that may
have no material impact on ICC's risk management system. Doing so could
also free up resources within ICC and the Risk Committee to respond to
other, higher priority findings by independent validators.
    Finally, by specifying that independent validators perform periodic
reviews of Model Components and related practices at least every twelve
months and that ICC relies on the date of the engagement letter to
track this twelve month requirement, the Commission believes that the
proposed rule change would help to ensure that all Model Components and
related practices are reviewed annually by providing a uniform and
objective means of tracking the date of the validation through the date
of the engagement letter.
    For these reasons, the Commission believes these proposed revisions
to the Framework would help improve the functioning of the Framework.
The Commission further believes that because the Framework allows ICC
to determine the appropriateness of Model Change and Model Components,
a well-functioning Framework is necessary for an effective risk
management system. Moreover, the Commission believes that ICC's risk
mismanagement system enables ICC to manage the risks associated with
clearing security based swap-related portfolios, and that such risks,
if not properly managed, could cause ICC to realize losses on such
portfolios and disrupt ICC's ability to promptly and accurately clear
security based swap transactions. The Commission therefore believes
that the proposed rule change, in improving the Framework and thereby
improving the functioning of ICC's risk management system, would
promote the prompt and accurate clearance and settlement of securities
transactions. Similarly, given that mismanagement of the risks
associated with clearing security based swap-related portfolios could
cause ICC to realize losses on such portfolios and threaten ICC's
ability to operate, thereby threatening access to securities and funds
in ICC's control, the Commission believes that the proposed rule
change, in improving the Framework, would help assure the safeguarding
of securities and funds which are in the custody or control of the ICC
or for which it is responsible. Finally, for both

of these reasons, the Commission believes the Framework would, in
general, protect investors and the public interest.
    Therefore, the Commission finds that the proposed rule change would
promote the prompt and accurate clearance and settlement of securities
transactions, assure the safeguarding of securities and funds in ICC's
custody and control, and, in general, protect investors and the public
interest, consistent with the Section 17A(b)(3)(F) of the Act.\14\
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

B. Consistency With Rules 17Ad-22(b)(2) and 17Ad-22(b)(3)

    Rule 17Ad-22(b)(2) requires that ICC establish, implement, maintain
and enforce written policies and procedures reasonably designed to use
margin requirements to limit its credit exposures to participants under
normal market conditions and use risk-based models and parameters to
set margin requirements and review such margin requirements and the
related risk-based models and parameters at least monthly.\15\ Rule
17Ad-22(b)(3) requires that ICC establish, implement, maintain and
enforce written policies and procedures reasonably designed to maintain
sufficient financial resources to withstand, at a minimum, a default by
the two participant families to which it has the largest exposures in
extreme but plausible market conditions, in its capacity as a central
counterparty for security-based swaps.\16\
---------------------------------------------------------------------------

    \15\ 17 CFR 240.17Ad-22(b)(2).
    \16\ 17 CFR 240.17Ad-22(b)(3).
---------------------------------------------------------------------------

    As described above, the proposed rule change would enhance the
operation of the Framework. In doing so, the Commission believes that
the proposed rule change would help ensure that ICC's risk management
system is appropriate and effective for dealing with the risks
associated with clearing security based swap-related portfolios. The
Commission further believes that the proposed improvements to the
Framework would also improve ICC's review and maintenance of the models
that generate margin requirements. The Commission believes that the
proposed rule change would therefore improve ICC's use of initial
margin requirements to limit its credit exposures to participants under
normal market conditions and ICC's use of risk-based models and
parameters to set margin requirements. The Commission therefore finds
that the proposed rule change is consistent with Rule 17Ad-
22(b)(2).\17\
---------------------------------------------------------------------------

    \17\ 17 CFR 240.17Ad-22(b)(2).
---------------------------------------------------------------------------

    Moreover, the amount a clearing member must contribute to ICC's
Guaranty Fund is equal to the expected losses to ICC associated with
the default of that clearing member, calculated using ICC's stress test
methodology, and taking into account, among other things, the loss
after application of initial margin.\18\ Thus, ICC's guaranty fund is
based on the initial margin requirements. The Commission therefore
believes that, in improving the operation of the Framework, which would
in turn improve the operation of ICC's margin model and margin
requirements, the proposed rule change would also help ICC to maintain
sufficient financial resources to withstand, at a minimum, a default by
the two participant families to which it has the largest exposures in
extreme but plausible market conditions. The Commission therefore finds
that the proposed rule change is consistent with Rule 17Ad-
22(b)(3).\19\
---------------------------------------------------------------------------

    \18\ See ICC Rule 801(a).
    \19\ 17 CFR 240.17Ad-22(b)(3).
---------------------------------------------------------------------------

    Therefore, for the above reasons the Commission finds that the
proposed rule change is consistent with Rules 17Ad-22(b)(2) and 17Ad-
22(b)(3).\20\
---------------------------------------------------------------------------

    \20\ 17 CFR 240.17Ad-22(b)(2), (b)(3).
---------------------------------------------------------------------------

C. Consistency With Rule 17Ad-22(b)(4)

    Rule 17Ad-22(b)(4) requires that ICC establish, implement, maintain
and enforce written policies and procedures reasonably designed to
provide for an annual model validation consisting of evaluating the
performance of its margin models and the related parameters and
assumptions associated with such models by a qualified person who is
free from influence from the persons responsible for the development or
operation of the models being validated.\21\
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    \21\ 17 CFR 240.17Ad-22(b)(4).
---------------------------------------------------------------------------

    As discussed above, the proposed rule change would revise the
Framework to specify that independent validators perform periodic
reviews of Model Components and related practices at least every twelve
months and that ICC relies on the date of the engagement letter to
track this twelve month requirement. The Commission believes that the
proposed rule change would therefore help to ensure that all Model
Components and related practices are reviewed annually by providing a
uniform and objective means of tracking the date of the validation
through the date of the engagement letter. Therefore, the Commission
finds that the proposed rule change is consistent with Rule 17Ad-
22(b)(4).\22\
---------------------------------------------------------------------------

    \22\ 17 CFR 240.17Ad-22(b)(4).
---------------------------------------------------------------------------

IV. Conclusion

    On the basis of the foregoing, the Commission finds that the
proposed rule change is consistent with the requirements of the Act,
and in particular, with the requirements of Section 17A(b)(3)(F) of the
Act \23\ and Rules 17Ad-22(b)(2), 17Ad-22(b)(3), and 17Ad-22(b)(4)
thereunder.\24\
---------------------------------------------------------------------------

    \23\ 15 U.S.C. 78q-1(b)(3)(F).
    \24\ 17 CFR 240.17Ad-22(b)(2)-(4).
---------------------------------------------------------------------------

    It is therefore ordered pursuant to Section 19(b)(2) of the Act
\25\ that the proposed rule change (SR-ICC-2019-004) be, and hereby is,
approved.\26\
---------------------------------------------------------------------------

    \25\ 15 U.S.C. 78s(b)(2).
    \26\ In approving the proposed rule change, the Commission
considered the proposal's impact on efficiency, competition, and
capital formation. 15 U.S.C. 78c(f).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\27\
---------------------------------------------------------------------------

    \27\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
 Deputy Secretary.
[FR Doc. 2019-12193 Filed 6-10-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 38 (Monday, March 1, 2021)]
[Notices]
[Pages 11998-11999]
[FR Doc No: 2021-04095]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2003-0033; FRL-10020-95-OMS]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; Modification of Secondary Treatment
Requirements for Discharges Into Marine Waters (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency (EPA) has submitted an
information collection request (ICR), Modification of Secondary
Treatment Requirements for Discharges into Marine Waters (EPA ICR
Number 0138.12, OMB Control Number 2040-0088) to the Office of
Management and Budget (OMB) for review and approval in accordance with
the Paperwork Reduction Act. Public comments were previously requested
via the Federal Register on August 10, 2020, during a 60-day comment
period. This notice allows for an additional 30 days for public
comments. A fuller description of the ICR is given below, including its
estimated burden and cost to the public. 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.

DATES: Additional comments may be submitted on or before March 31,
2021.

ADDRESSES: Submit your comments to EPA, referencing Docket ID No. EPA-
HQ-OW-2003-0033, online using www.regulations.gov (our preferred
method), by email to<EMAIL_ADDRESS>or by mail to: EPA Docket
Center, Environmental Protection Agency, Mail Code 28221T, 1200
Pennsylvania Ave. NW, Washington, DC 20460. EPA's policy is that all
comments received will be included in the public docket without change
including any personal information provided, unless the comment
includes profanity, threats, information claimed to be Confidential
Business Information (CBI), or other information whose disclosure is
restricted by statute.
    Submit written comments and recommendations to OMB for the proposed
information collection within 30 days of publication of this notice to
www.reginfo.gov/public/do/PRAMain. Find this particular information
collection by selecting ``Currently under 30-day Review--Open for
Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Virginia Fox-Norse, Oceans, Wetlands
and Communities Division, Office of Water, (4504T), Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460;
telephone number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents, which explain in
detail the information that EPA will be collecting, are available in
the public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at EPA Docket Center, EPA

West, Room 3334, 1301 Constitution Ave. NW, Washington, DC. The
telephone number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Abstract: Regulations implementing section 301(h) of the Clean
Water Act (CWA) are found at 40 CFR part 125, subpart G. This CWA
section allows for a case-by-case review of treatment requirements for
publicly owned treatment works (POTW) discharges to marine waters.
Eligible POTW applicants that met the set of environmentally stringent
criteria received a modified National Pollutant Discharge Elimination
System (NPDES) permit waiving secondary treatment requirements. CWA
section 301(h) only applies to the 25 POTWs that applied by December
29, 1982, that currently hold modified permits and the six states in
which the POTWs are located. No new applications are accepted.
    The CWA section 301(h) program involves collecting information from
municipal wastewater treatment facilities (POTWs), and the state in
which the POTW is located. A POTW holding a modified permit or
reapplying for a modification provides application, monitoring, and
toxic control program information. The state provides information on
its determination whether the discharge under the proposed conditions
of the modified permit ensures the protection of water quality,
biological habitats, and beneficial uses of receiving waters and
whether the discharge will result in additional treatment, pollution
control, or any other requirement for any other point or nonpoint
sources. The state also provides information to certify that the
discharge will meet all applicable state laws and that the state
accepts all permit conditions.
    There are four situations where information will be required: (1) A
POTW reapplying for a CWA section 301(h) modified permit. As the
permits with section 301(h) modifications reach their expiration dates,
EPA must have updated information on the discharge to determine whether
criteria are still being met and whether the modified permit should be
reissued. (2) Once a modified permit has been granted, EPA must
continue to assess whether the discharge is meeting the CWA criteria,
and that the receiving water quality, biological habitats, and
beneficial uses of the receiving waters are protected. To do this, EPA
needs monitoring and toxics control information furnished by the
permittee. (3) Application revision information: A POTW is allowed to
revise its application one time only, following a tentative decision by
EPA to deny the modified permit request. In its application revision,
the POTW usually corrects deficiencies and changes proposed treatment
levels as well as outfall and diffuser locations. The application
revision is a voluntary submission for the applicant. (4) State
determination and state certification information: The state determines
whether all state laws are satisfied. Additionally, the state must
determine if the applicant's discharge will result in additional
treatment, pollution control, or any other requirement for any other
point or nonpoint sources. This process allows the state's views to be
considered when EPA reviews the application and develops permit
conditions.
    Form numbers: None.
    Respondents/affected entities: Municipalities that currently have
CWA section 301(h) modifications from secondary treatment, or have
applied for a renewal of a CWA section 301(h) modified permit, and the
states within which these municipalities are located.
    Respondent's obligation to respond: Required to obtain or retain a
benefit.
    Estimated number of respondents: 31 (total).
    Frequency of response: From once every five years, to varies case-
by-case, depending on the category of information.
    Total estimated burden: 44,985 hours (per year). Burden is defined
at 5 CFR 1320.3(b).
    Total estimated cost: $1,300,339 (per year), includes $0 annualized
capital or operation & maintenance costs.
    Changes in the estimates: There is an increase of hours in the
total estimated respondent burden compared with the ICR currently
approved by OMB. This increase is due to changes in respondent
universe, program status, information needs, and use of technology.

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2021-04095 Filed 2-26-21; 8:45 am]
BILLING CODE 6560-50-P