[Federal Register Volume 87, Number 204 (Monday, October 24, 2022)]
[Notices]
[Pages 64211-64212]
[FR Doc No: 2022-23038]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

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

    Docket Numbers: EC22-78-000.
    Applicants: Digihost International Inc., Fortistar North Tonawanda
LLC.
    Description: Digihost International Inc., et al. submit Response to
FERC's September 27, 2022 Deficiency Letter.
    Filed Date: 10/6/22.
    Accession Number: 20221006-5101.
    Comment Date: 5 p.m. ET 10/27/22.

    Take notice that the Commission received the following Complaints
and Compliance filings in EL Dockets:

    Docket Numbers: EL23-3-000; QF01-41-002.
    Applicants: Baytown Energy Center, L.P., Baytown Energy Center,
LLC.
    Description: Baytown Energy Center, LLC submits Petition for
Temporary Waiver of Efficiency Standard for Qualifying Cogeneration
Facility.
    Filed Date: 10/12/22.
    Accession Number: 20221012-5187.
    Comment Date: 5 p.m. ET 11/2/22.

    Docket Numbers: EL23-4-000.
    Applicants: Belmont Municipal Light Department, et al. v.
Constellation Mystic Power, LLC, and ISO New England, Inc.
    Description: Complaint of Belmont Municipal Light Department, et
al. v. Constellation Mystic Power, LLC, and ISO New England, Inc.
    Filed Date: 10/17/22.
    Accession Number: 20221017-5149.
    Comment Date: 5 p.m. ET 11/16/22.

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

    Docket Numbers: ER21-2968-001.
    Applicants: Upper Michigan Energy Resources Corporation.
    Description: Midcontinent Independent System Operator, Inc. submits
tariff filing per 35.19a(b): Refund Report_Upper Michigan Energy
Resources Corporation to be effective N/A.
    Filed Date: 10/18/22.

    Accession Number: 20221018-5088.
    Comment Date: 5 p.m. ET 11/8/22.

    Docket Numbers: ER22-2604-001.
    Applicants: Lucky Corridor, LLC.
    Description: Compliance filing: Compliance Filing to be effective
10/5/2022.
    Filed Date: 10/18/22.
    Accession Number: 20221018-5102.
    Comment Date: 5 p.m. ET 11/8/22.

    Docket Numbers: ER22-2662-001.
    Applicants: Aron Energy Prepay 14 LLC.
    Description: Tariff Amendment: Response to Deficiency Letter to be
effective 10/15/2022.
    Filed Date: 10/18/22.
    Accession Number: 20221018-5080.
    Comment Date: 5 p.m. ET 11/8/22.

    Docket Numbers: ER22-2663-001.
    Applicants: Aron Energy Prepay 15 LLC.
    Description: Tariff Amendment: Response to Deficiency Letter to be
effective 10/15/2022.
    Filed Date: 10/18/22.
    Accession Number: 20221018-5082.
    Comment Date: 5 p.m. ET 11/8/22.

    Docket Numbers: ER22-2664-001.
    Applicants: Aron Energy Prepay 16 LLC.
    Description: Tariff Amendment: Response to Deficiency Letter to be
effective 10/15/2022.
    Filed Date: 10/18/22.
    Accession Number: 20221018-5084.
    Comment Date: 5 p.m. ET 11/8/22.

    Docket Numbers: ER23-118-000.
    Applicants: American Electric Power Service Corporation.
    Description: American Electric Power Service Corporation submits
Notice of Termination of Rolling Hills Generating, L.L.C.
Interconnection and Operation Agreement.
    Filed Date: 10/14/22.
    Accession Number: 20221014-5255.
    Comment Date: 5 p.m. ET 11/4/22.

    Docket Numbers: ER23-119-000.
    Applicants: Solar Star California XLI, LLC.
    Description: Sec.  205(d) Rate Filing: COC filing to be effective
10/19/2022.
    Filed Date: 10/18/22.
    Accession Number: 20221018-5057.
    Comment Date: 5 p.m. ET 11/8/22.

    Docket Numbers: ER23-120-000.
    Applicants: Golden Fields Solar I, LLC.
    Description: Sec.  205(d) Rate Filing: COC filing to be effective
10/19/2022.
    Filed Date: 10/18/22.
    Accession Number: 20221018-5060.
    Comment Date: 5 p.m. ET 11/8/22.

    Docket Numbers: ER23-121-000.
    Applicants: Midcontinent Independent System Operator, Inc., Van
Ness Feldman LLP.
    Description: Sec.  205(d) Rate Filing: Midcontinent Independent
System Operator, Inc. submits tariff filing per 35.13(a)(2)(iii): 2022-
10-18_MRES tariff revisions to Schedules 7, 8, 9 to be effective 1/1/
2023.
    Filed Date: 10/18/22.
    Accession Number: 20221018-5089.
    Comment Date: 5 p.m. ET 11/8/22.

    Docket Numbers: ER23-122-000.
    Applicants: Florida Power & Light Company.
    Description: Tariff Amendment: FPL Notice of Cancellation of
Attachment K-2 of the FPL OATT to be effective 1/1/2023.
    Filed Date: 10/18/22.
    Accession Number: 20221018-5101.
    Comment Date: 5 p.m. ET 11/8/22.

    Docket Numbers: ER23-123-000.
    Applicants: AEP Texas Inc.
    Description: Sec.  205(d) Rate Filing: AEPTX-Big Country EC-Golden
Spread EC (Wahpekute) FDA to be effective 10/3/2022.
    Filed Date: 10/18/22.
    Accession Number: 20221018-5114.
    Comment Date: 5 p.m. ET 11/8/22.

    Docket Numbers: ER23-124-000.
    Applicants: AEP Texas Inc.
    Description: Sec.  205(d) Rate Filing: AEPTX-BNB Tennyson Solar
Generation Interconnection Agreement to be effective 10/3/2022.
    Filed Date: 10/18/22.
    Accession Number: 20221018-5119.
    Comment Date: 5 p.m. ET 11/8/22.

    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: October 18, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-23038 Filed 10-21-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: September 24, 2008 (Volume 73, Number 186)]
[Notices]
[Page 55201]
[DOCID:fr24se08-163]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Fifth Meeting--RTCA Special Committee 217/EUROCAE WG 44--Airport
Mapping Databases

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of RTCA Special Committee 217 meeting: Airport Mapping
Databases.

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SUMMARY: The FAA is issuing this notice to advise the public of a
meeting of RTCA Special Committee 217 meeting: Airport Mapping
Databases.

DATES: The meeting will be held on October 21-23, 2008, from 9 a.m. to
5 p.m.

ADDRESS: The meeting will be held at Novotel-Airport Hotel, Zurich,
Switzerland.

FOR FURTHER INFORMATION CONTACT: RTCA Secretariat, 1828 L Street, NW.,
Suite 805, Washington, DC 20036-5133; telephone<PHONE_NUMBER>; fax
(202) 833-9434; Web site http://www.rtca.org. Or Andreas Paul of
Lufthansa Systems FlightNav, Tel: 32-2-729 3194, Fax: 32-2-729 9008.

SUPPLEMENTARY INFORMATION: Pursuant to section 10(a)(2) of the Federal
Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., Appendix 2), notice
is hereby given for a Special Committee 217 meeting. The agenda will
include:

21 October

     Opening Plenary
      Chairmen's remarks and introductions
      Review and approve meeting agenda
      Discussion
      Schedule for this week
      Schedule for next meetings
      Presentations
     Presentations
      Report of September Telecon--Jens Schiefele
      Additional AMDB Requirements Related to D-Taxi Datalink
and Runway Safety--Sam van der Stricht and Christian Bousmanne
     Meet to revise documents

22 October

     Plenary Session

23 October--Thursday

     Closing Plenary Session
     Other Business
     Determine and agree on action plan
     Meeting Plans and Dates
    Attendance is open to the interested public but limited to space
availability. With the approval of the chairmen, members of the public
may present oral statements at the meeting. Persons wishing to present
statements or obtain information should contact the person listed in
the ``FOR FURTHER INFORMATION CONTACT'' section. Members of the public
may present a written statement to the committee at any time.

    Issued in Washington, DC, on September 17, 2008.
Francisco Estrada C.,
RTCA Advisory Committee.
 [FR Doc. E8-22479 Filed 9-23-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register: May 21, 2010 (Volume 75, Number 98)]
[Notices]
[Page 28597]
[DOCID:fr21my10-62]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12687-003]

Public Utility District No. 1 of Snohomish County; Notice of
Preliminary Permit Application Accepted for Filing and Soliciting
Comments, Motions To Intervene, and Competing Applications

May 14, 2010.
    On March 2, 2010, and supplemented on April 29, 2010, and May 4,
2010, Public Utility District No. 1 of Snohomish County, Washington
(Snohomish PUD) filed an application for a preliminary permit, pursuant
to section 4(f) of the Federal Power Act, proposing to study the
feasibility of the Deception Pass Tidal Energy Project (project). The
project would be located in Puget Sound within Deception Pass, between
Whidbey Island and Fidalgo Island, in Skagit and Island Counties,
Washington. The sole purpose of a preliminary permit, if issued, is to
grant the permit holder priority to file a license application during
the permit term. A preliminary permit does not authorize the permit
holder to perform any land-disturbing activities or otherwise enter
upon lands or waters owned by others without the owners' express
permission.
    The proposed project would consist of the following: (1) Four
approximately 66-foot-diameter, 1.6-megawatt horizontal axis tidal
energy turbine/generator units, each mounted approximately 25 feet
above the sea bed; (2) an approximately 1-mile-long subsea transmission
cable, which may be buried as it approaches shore at Miller Bay; (3) a
cable termination vault on shore; (4) either an approximately 6.5-mile
long above ground transmission line connecting with Puget Sound
Energy's existing March Point substation, or an above ground
transmission line and new substation connecting with an existing 115-
kilovolt line, the location of which is yet to be determined; and (5)
appurtenant facilities. The project is estimated to have average annual
generation of 20.7 gigawatt-hours, which would be distributed by the
Snohomish PUD.
    Applicant Contact: Steven J. Klein, General Manager, Public Utility
District No. 1 of Snohomish County, P.O. Box 1107, 2320 California
Street, Everett, WA 98206-1107, phone:<PHONE_NUMBER>.
    FERC Contact: Jennifer Harper,<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36. Comments, motions to intervene, notices of intent, and
competing applications may be filed electronically via the Internet.
See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's
Web site (http://www.ferc.gov/docs-filing/ferconline.asp) under the
``eFiling'' link. For a simpler method of submitting text only
comments, click on ``Quick Comment.'' For assistance, please contact
FERC Online Support at<EMAIL_ADDRESS>call toll-free at
(866) 208-3676; or, for TTY, contact<PHONE_NUMBER>. Although the
Commission strongly encourages electronic filing, documents may also be
paper-filed. To paper-file, mail an original and eight copies to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-12687) in the docket number field to access
the document. For assistance, contact FERC Online Support.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-12239 Filed 5-20-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 199 (Tuesday, October 19, 2021)]
[Rules and Regulations]
[Pages 57757-57763]
[FR Doc No: 2021-22596]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 282

[EPA-R10-RCRA-2021-0452; FRL 8849-02-R10]

Washington: Final Approval of State Underground Storage Tank
Program Revisions, Codification and Incorporation by Reference

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: Pursuant to the Resource Conservation and Recovery Act (RCRA
or Act), the Environmental Protection Agency (EPA) is taking direct
final action to approve revisions to the State of Washington's
Underground Storage Tank (UST) program submitted by the State. The EPA
has determined that these revisions satisfy all requirements needed for
program approval. This action also codifies the EPA's approval of
Washinton's state program and incorporates by reference those
provisions of the State's regulations that we have determined meet the
requirements for approval. The State's federally-authorized and
codified UST program, as revised pursuant to this action, will remain
subject to the EPA's inspection and enforcement authorities under
sections 9005 and 9006 of RCRA subtitle I and other applicable
statutory and regulatory provisions.

DATES: This rule is effective December 20, 2021, unless the EPA
receives adverse comment by November 18, 2021. If EPA receives adverse
comment, the EPA will publish a timely withdrawal in the Federal
Register informing the public that the rule will not take effect. The
incorporation by reference of certain material listed in the
regulations is approved by the Director of the Federal Register, as of
December 20, 2021.

ADDRESSES: Submit your comments by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the online instructions for submitting comments.
    2. Email: [email protected].
    3. Mail: Charlotte Boulind-Yeung, Land, Chemicals and Redevelopment
Division, EPA Region 10, 1200 Sixth Avenue, Suite 155, MS: 15-H04,
Seattle, Washington 98101.
    4. Hand Delivery or Courier: Deliver your comments to Charlotte
Boulind-Yeung, Land, Chemicals and Redevelopment Division, EPA Region
10, 1200 Sixth Avenue, Suite 155, MS: 15-H04, Seattle, Washington
98101.
    Instructions: Submit your comments, identified by Docket ID No.
EPA-R10-RCRA-2021-0452, 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 http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Charlotte Boulind-Yeung, (206) 553-
6315, [email protected]. To inspect the hard copy
materials, please schedule an appointment with Charlotte Boulind-Yeung
at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Approval of Revisions to Washington's Underground Storage Tank
Program

A. Why are revisions to state programs necessary?

    States that have received final approval from the EPA under RCRA
section 9004(b) of RCRA, 42 U.S.C. 6991c(b), must maintain an
underground storage tank program that is equivalent to, consistent
with, and no less stringent than the Federal underground storage tank
program. When the EPA makes revisions to the regulations that govern
the UST program, states must revise their programs to comply with the
updated regulations and submit these revisions to the EPA for approval.
Most commonly, states must change their programs because of changes to
the EPA's regulations in 40 Code of Federal Regulations (CFR) part 280.
States can also initiate changes on their own to their underground
storage tank program, and these changes must then be approved by the
EPA.

B. What decisions has the EPA made in this rule?

    On June 30, 2021, in accordance with 40 CFR 281.51(a), Washington
submitted a complete program revision application seeking the EPA
approval for its UST program revisions (State Application).
Washington's revisions correspond to the EPA final rule published on
July 15, 2015 (80 FR 41566, July 15, 2015), which revised the 1988 UST
regulations and the 1988 state program approval (SPA) regulations (2015
Federal Revisions). As required by 40 CFR 281.20, the State Application
contains the following: A transmittal letter from the Governor
requesting approval, a description of the program and operating
procedures, a demonstration of the State's procedures to ensure
adequate enforcement, a Memorandum of Agreement outlining the roles and
responsibilities of the EPA and the implementing agency, a statement of
certification from the Attorney General, and copies of all relevant
state statutes and regulations. We have reviewed the State Application
and determined that the revisions to Washington's UST program are
equivalent to, consistent with, and no less stringent than the
corresponding Federal requirements in subpart C of 40 CFR part 281, and
that the Washington program provides for adequate enforcement of
compliance with these requirements (40 CFR 281.11(b)). Therefore, the
EPA grants Washington final approval to operate its UST program with
the changes described in the program revision application, and as
outlined below in Section I.G of this document.

C. What is the effect of this action on the regulated community?

    This action does not impose additional requirements on the
regulated community because the regulations being approved by this rule
are already in effect in the State of Washington, and are not changed
by this action. This action merely approves the existing state
regulations as meeting the Federal requirements and renders them
federally enforceable.

D. Why is the EPA using a direct final rule?

    The EPA is publishing this direct final rule without a prior
proposed rulemaking because we view this action as noncontroversial and
we anticipate

no adverse comment. Washington did not receive any substantive comments
during its comment period when the rules and regulations being
considered in this direct final rule were proposed at the state level.

E. What happens if the EPA receives comments that oppose this action?

    This direct final rule provides an opportunity for public comment.
If the EPA receives comments that oppose this approval, the EPA will
withdraw this direct final rule by publishing a document in the Federal
Register before it becomes effective. The EPA will consider all
comments received during the comment period before making any further
decision on approval of the State Application. The EPA will then
address all public comments in a later final rule. You may not have
another opportunity to comment. If you want to comment on this
approval, you must do so at this time.

F. For what has Washington previously been approved?

    On October 8, 1993, the EPA finalized a rule approving the UST
program that Washington proposed to administer in lieu of the Federal
UST program.

G. What changes are we approving with this action and what standards do
we use for review?

    To be approved, each state program application must meet the
general requirements in 40 CFR 281.11, and specific requirements in 40
CFR part 281, subpart B (Components of a Program Application); subpart
C (Criteria for No Less Stringent); and subpart D (Adequate Enforcement
of Compliance). This is also true for proposed revisions to approved
state programs.
    As more fully described below, the State has made the changes to
its approved UST program to reflect the 2015 Federal Revisions. The EPA
is approving the State's changes because they are equivalent to,
consistent with, and no less stringent than the Federal UST program and
because the EPA has confirmed that the Washington UST program will
continue to provide for adequate enforcement of compliance with these
requirements as described in 40 CFR 281.11(b) and part 281, subpart D
after this approval.
    The Washington Department of Ecology (``Ecology'') is the lead
implementing agency for the UST program in Washington, except in Indian
country.
    Ecology continues to have broad statutory authority to regulate the
installation, operation, maintenance, and closure of USTs, as well as
UST releases under two Washington statutes, chapter 70A.355 Revised
Code of Washington (RCW), ``Underground Storage Tanks,'' and chapter
70A.305 RCW, ``Hazardous Waste Cleanup--Model Toxics Control Act.'' The
Washington UST Program gets its enforcement authority from the powers
and duties of Ecology, found in RCW 70A.355.020. Under RCW 70A.355.050,
Ecology is authorized to require an owner to furnish records, conduct
monitoring or testing, and provide access to tanks. Ecology is
authorized to issue, modify, suspend, revoke or refuse to renew a
permit under RCW 70A.355.020 and RCW 70A.355.040. Penalties for non-
compliance may be assessed under RCW 70A.355.060 and 70A.355.070.
    Specific authorities to regulate the installation, operation,
maintenance, and closure of USTs, as well as UST releases are found
under the Washington Administrative Code (WAC), as amended, in WAC 173-
360A, ``Underground Storage Tank Regulations,'' adopted on July 18,
2018 and effective on October 1, 2018, and in WAC 173-340, ``Model
Toxics Control Act--Cleanup,'' amended October 12, 2007. Ecology may
prohibit delivery to any UST identified by Ecology as ineligible for
delivery under WAC 173-360A-0270 and -0280. Reporting and recordkeeping
requirements are found under WAC 173-360A-0230, -0240, -0700, -0740 and
-0750, as well as WAC 173-340-450. The aforementioned statutory
sections and regulations satisfy the requirements of 40 CFR 281.40 and
281.41.
    Through a Memorandum of Agreement between the State of Washington
and the EPA, effective December 20, 2021, the State maintains
procedures for receiving and ensuring proper consideration of
information about violations submitted by the public. Washington has
met the public participation requirements found in 40 CFR 281.42 by
allowing intervention in the State enforcement process as provided
under WAC 173-360A-0270(4). Ecology will not oppose intervention of
right under Superior Court Civil Rule 24 (a)(2) in a civil enforcement
action taken under WAC 173-360A or chapter 90.76 RCW on the grounds
that the person's interest is adequately represented by the State.
    To qualify for final approval, revisions to a state's program must
be ``equivalent to, consistent with, and no less stringent'' than the
2015 Federal Revisions. In the 2015 Federal Revisions, the EPA
addressed UST systems deferred in the 1988 UST regulations, and added,
among other things, new operation and maintenance requirements;
secondary containment requirements for new and replaced tanks and
piping; operator training requirements; and a requirement to ensure UST
system compatibility before storing certain biofuel blends. In
addition, the EPA removed past deferrals for emergency generator tanks,
field constructed tanks, and airport hydrant systems. The EPA analyzes
revisions to approved state programs pursuant to the criteria found in
40 CFR 281.30 through 281.39.
    Ecology has revised its regulations to help ensure that the State's
UST program revisions are equivalent to, consistent with, and no less
stringent than the 2015 Federal Revisions.
    Title 40 CFR 281.39 describes the state operator training
requirements that must be met to be considered equivalent to,
consistent with, and no less stringent than Federal requirements.
Washington did not incorporate by reference Federal requirements for
operator training, but rather has promulgated and is implementing its
own operator training provisions under WAC 173-360A-0500 through -0560.
After a thorough review, the EPA has determined that Washington's
operator training requirements are equivalent to, consistent with, and
no less stringent than Federal requirements.
    As part of the State Application, the Washington Attorney General
certified that the State revisions meet the ``equivalent to, consistent
with, and no less stringent'' criteria in 40 CFR 281.30 through 281.39.
The EPA is relying on this certification in addition to the analysis
submitted by the State in making our determination.

H. Where are the revised rules different from the Federal rules?

Broader in Scope Provisions
    Where an approved state program has a greater scope of coverage
than required by Federal law, the additional coverage is not part of
the federally-approved program and is not federally enforceable (40 CFR
281.12(a)(3)(ii)). The following statutory and regulatory requirements
are considered broader in coverage than the Federal program as these
state-only regulations are not required by Federal regulation and are
implemented by the State in addition to the federally approved program:
    In addition to any person who sells a regulated UST system to a new
owner, any person who leases a regulated UST system also must notify
new operators of UST notification obligations. WAC 173-360A-0230(7).

    UST operator training requirements for Class A also includes
licensing and fees, facility compliance tags, authority to accept
product delivery and certification and use of service providers. WAC
170-360A-0530(1).
    Ecology expanded the reporting requirement for spills or overfills
such that spills and overfills must be reported if they pose a threat
to human health or the environment regardless of the volume of the
regulated substance, rather than the 25-gallon spill and overfill
reporting level in the Federal rules. WAC 173-360A-0740.
    The State rules also include requirements for UST service providers
by establishing a certification program, specifying the
responsibilities of service providers, and identifying which services
on UST systems must be performed by certified service providers. WAC
173-360A-0900 through -0940.
More Stringent Provisions
    Where an approved state program includes requirements that are
considered more stringent than required by Federal law, the more
stringent requirements become part of the federally approved program
(40 CFR 281.12(a)(3)(ii)). The following statutory and regulatory
requirements are considered more stringent than the Federal program,
and on approval, they become part of the federally approved program and
are federally enforceable:
    Local governments may designate environmentally sensitive areas,
with Ecology's approval. In these areas, the local government may
impose more stringent standards, and an additional local fee of no more
than half the state fee may be imposed if necessary, to implement the
local standards. WAC 173-360A-0130.
    Fees and permits are required by the State's UST statute. USTs must
be in compliance with the applicable requirements to obtain a permit.
WAC 173-360A-0200 and -0210.
    The State rules require that any changes affecting information
reported on the initial notification form about an UST system be
reported to Ecology. WAC 173-360A-0230(2).
    Product deliverers and waste oil collectors must report any spill
or overfill of regulated substances to the owner or operator. WAC 173-
360A-0230(9).
    Notice of intent to install an UST is required at least 30 days
prior to tank installation. Owners or operators must notify Ecology and
certify proper installation no later than 30 days after installation of
the UST. Washington also requires additional documentation--a
manufacturer's installation checklist completed by the service provider
and an as-built plan of the UST facility--when an UST system is
installed and the owner or operator is applying for a license. WAC 173-
360A-0300.
    Cathodic protection systems must be tested when they are installed
or repaired and again between one and six months after installation and
at least every three years thereafter. WAC 173-360A-0430(2).
    Class B operators must meet the same requirements as Class A
operators, which is more stringent than the Federal requirement. WAC-
170-360A-0530(1).
    If Ecology determines that the owners and operators of an UST
system are in noncompliance, then Ecology may require owners and
operators to develop and maintain an operation and maintenance plan for
each UST system. WAC 173-360A-0545.
    The State rule requires that owners and operators post and maintain
signage at each UST facility providing emergency response information.
WAC 173-360A-0550(2).
    Owners and operators must notify Ecology in writing within 30 days
after any change in release detection methods used. WAC 173-360A-
0600(4).
    For reporting of suspected releases, owners and operators using
inventory control must immediately investigate all larger-than-normal
or reoccurring variations and report such variations if they are
unaccounted for without waiting to obtain a second month of data. WAC
173-360A-0700(3)(c).
    Owners and operators conducting a site check as part of a release
investigation must complete the site check within 30 days of
identifying a suspected release or receiving notice that the department
requires investigation of a suspected release. The Federal rule at 40
CFR 280.52(b) does not specify a timeframe. WAC 173-360A-0720(2).
    For site assessments at closure and site checks to investigate a
possible release, Ecology established specific requirements regarding
the selection of service providers, the determination of sample types,
locations, and measurement methods, and what information must be in the
final report. Records are to be kept for at least six years after the
UST system is permanently closed or undergoes a change-in-service,
versus the three years required by 40 CFR 280.74. Ecology requires that
a sampling and analysis plan be submitted for review at least 30 days
before any sampling is performed. WAC 173-360A-0730.
    If a release is confirmed, then the UST system must be secured
within 24 hours of confirming the release to prevent further delivery
or deposit of regulated substances until the defective UST system
components are repaired, replaced or closed. WAC 173-360A-0750(2).
    Prior to putting back into service an UST system that has been
closed for 90 days or more, the State rule requires that the owner and
operator complete a tank tightness test, inspections and tests of spill
and overfill protection equipment, and release detection and
containment testing and inspection. WAC 173-360A-0800(5)(b).
    Only certified individuals may carry out UST system installation,
closure, retrofit and tightness testing, and installation and
maintenance of cathodic protection equipment. WAC 173-360A-0150(65), -
0920, and -0930).
    Site checks and site assessments can only be performed by a service
provider who is certified by the International Code Council (ICC) via a
Washington-specific site assessment certification or is licensed as a
professional engineer or hydrogeologist in Washington. WAC 173-360A-
0730(2) and -0930.

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

    The EPA's approval of Washington's Program does not extend to
Indian country as defined in 18 U.S.C. 1151. Indian country generally
includes lands within the exterior boundaries of the following Indian
reservations located within Washington's state borders: Chehalis,
Colville, Cowlitz, Hoh, Jamestown S'Klallam, Kalispel, Lower Elwha
Klallam, Lummi, Makah, Muckleshoot, Nisqually, Nooksack, Port Gamble,
Puyallup, Quileute, Quinault, Samish, Sauk-Suiattle, Shoalwater Bay,
Skokomish, Snoqualmie, Spokane, Squaxin Island, Stillaguamish,
Suquamish (Port Madison), Swinomish, Tulalip, Upper Skagit, and Yakama
Reservations; any land held in trust by the United States for an Indian
tribe; and any other areas that are ``Indian country'' within the
meaning of 18 U.S.C. 1151. Any lands removed from an Indian reservation
status by Federal court action are not considered reservation lands
even if located within the exterior boundaries of an Indian
reservation. The EPA will retain responsibilities under RCRA for
underground storage tanks in Indian country. See 40 CFR 281.12(a)(2).
The one exception regards all USTs located on non-trust and non-
restricted lands inside the boundaries of the Puyallup Reservation. The
State of Washington has been delegated primary jurisdiction over these
USTs as a result of a 1988 settlement agreement between the

Puyallup Tribe of Indians, local governments in Pierce County, the
State of Washington, the United States, and certain property owners,
ratified at 25 U.S.C. 1773.

II. Codification

A. What is codification?

    Codification is the process of placing a state's statutes and
regulations that comprise the state's approved UST program into the
CFR. Section 9004(b) of RCRA, as amended, allows the EPA to approve
State UST programs to operate in lieu of the Federal program. The EPA
codifies its authorization of state programs in 40 CFR part 282 and
incorporates by reference state regulations that the EPA will enforce
under sections 9005 and 9006 of RCRA and any other applicable statutory
provisions. The incorporation by reference of state authorized programs
in the CFR should substantially enhance the public's ability to discern
the current status of the approved state program and state requirements
that can be federally enforced. This effort provides clear notice to
the public of the scope of the approved program in each state.

B. What is the history of codification of Washington's UST program?

    The EPA incorporated by reference Washington's approved UST program
in 40 CFR 282.97, effective October 8, 1993 (77 FR 25368, April 30,
2012). Through this action, the EPA is incorporating by reference and
codifying Washington's state program in 40 CFR 282.97 to include the
approved revisions.

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

    In this rule, the EPA is finalizing the regulatory text that
incorporates by reference the federally authorized Washington UST
Program. In accordance with the requirements of 1 CFR 51.5, we are
finalizing the incorporation by reference of the Washington rules
described in the amendments to 40 CFR part 282 set forth below. The EPA
has made, and will continue to make, these documents generally
available through www.regulations.gov and at the EPA Region 10 office
(see the ADDRESSES section of this preamble for more information).
    One purpose of this Federal Register document is to codify
Washington's approved UST program. The codification reflects the State
program that would be in effect at the time the EPA's approved
revisions to the Washington UST program addressed in this direct final
rule become final. If, however, the EPA receives substantive comment on
this rule, then this codification will not take effect, and the State
rules that are approved after the EPA considers public comment will be
codified instead. By codifying the approved Washington program and by
amending the Code of Federal Regulations, the public will more easily
be able to discern the status of the federally approved requirements of
the Washington program.
    The EPA is incorporating by reference the Washington approved UST
program in 40 CFR 282.97. Section 282.97(d)(1)(i)(A) and (B)
incorporate by reference for enforcement purposes the State's relevant
statutes and regulations. Section 282.97 also references the Attorney
General's Statement, Demonstration of Adequate Enforcement Procedures,
the Program Description, and the Memorandum of Agreement, which are
approved as part of the UST program under subtitle I of RCRA.

D. What is the effect of EPA's codification of the federally authorized
State UST Program on enforcement?

    The EPA retains the authority under sections 9003(h), 9005 and 9006
of subtitle I of RCRA, 42 U.S.C. 6991b(h), 6991d and 6991e, and other
applicable statutory and regulatory provisions to undertake corrective
action, inspections, and enforcement actions, and to issue orders in
approved States. If the EPA determines it will take such actions in
Washington, then the EPA will rely on Federal sanctions, Federal
inspection authorities, and other Federal procedures rather than the
state analogs. Therefore, though the EPA has approved the State
procedures listed in 40 CFR 282.97(d)(1)(i), the EPA is not
incorporating by reference Washington's procedural and enforcement
authorities.

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

    The public also needs to be aware that some provisions of the
State's UST program are not part of the federally approved State
program. Such provisions are not part of the RCRA Subtitle I program
because they are ``broader in coverage'' than subtitle I of RCRA. 40
CFR 281.12(a)(3)(ii) states that where an approved state program has a
greater scope of coverage than required by Federal law, the additional
coverage is not part of the federally approved program. As a result,
state provisions which are ``broader in coverage'' than the Federal
program are not incorporated by reference for purposes of enforcement
in 40 CFR part 282. Title 40 CFR 282.97(d)(1)(iii) lists for reference
and clarity the Washington statutory and regulatory provisions which
are broader in coverage than the Federal program and which are not,
therefore, part of the approved program being codified in this rule.
Provisions that are broader in coverage cannot be enforced by the EPA;
the State, however, will continue to implement and enforce such
provisions under State law.

III. Statutory and Executive Order (E.O.) Reviews

    This action only applies to Washington's UST Program requirements
pursuant to RCRA section 9004 and imposes no requirements other than
those imposed by State law. It complies with applicable EOs and
statutory provisions as follows:

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

    This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is
therefore not subject to review under Executive Orders 12866 and 13563
(76 FR 3821, January 21, 2011).

B. Unfunded Mandates Reform Act and Executive Order 13175: Consultation
and Coordination With Indian Tribal Governments

    Because this action approves and codifies pre-existing requirements
under state law and does not impose any additional enforceable duty
beyond that required by state law, it does not contain any unfunded
mandate or significantly or uniquely affect small governments, as
described in the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-
1538). For the same reason, this action also does not significantly or
uniquely affect the communities of tribal governments, as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).

C. Executive Order 13132: Federalism

    This action will not have substantial direct effects on the states,
on the relationship between the national government and the states, or
on the distribution of power and responsibilities among the various
levels of government, as specified in Executive Order 13132 (64 FR
43255, August 10, 1999), because it merely approves and codifies state
requirements as part of the State RCRA Underground Storage Tank Program
without altering the relationship or the

distribution of power and responsibilities established by RCRA.

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

    This action also is not subject to Executive Order 13045 (62 FR
19885, April 23, 1997), because it is not economically significant, as
defined in Executive Order 12866, and because the EPA does not believe
the environmental health or safety risks addressed by this action
present a disproportionate risk to children.

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

    This rule is not subject to Executive Order 13211 (66 FR 28355, May
22, 2001), because it is not a ``significant regulatory action'' as
defined under Executive Order 12866.

F. National Technology Transfer and Advancement Act

    Under RCRA section 9004(b), the EPA grants a state's application
for approval as long as the state meets the criteria required by RCRA.
It would be inconsistent with applicable law for the EPA, when it
reviews a state approval application, to require the use of any
particular voluntary consensus standard in place of another standard
that otherwise satisfies the requirements of RCRA. Thus, the
requirements of section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply.

G. Executive Order 12988: Civil Justice Reform

    As required by section 3 of Executive Order 12988 (61 FR 4729,
February 7, 1996), in issuing this rule, the EPA has taken the
necessary steps to eliminate drafting errors and ambiguity, minimize
potential litigation, and provide a clear legal standard for affected
conduct.

H. Executive Order 12630: Governmental Actions and Interference With
Constitutionally Protected Property Rights

    The EPA has complied with Executive Order 12630 (53 FR 8859, March
15, 1988) by examining the takings implications of the rule in
accordance with the ``Attorney General's Supplemental Guidelines for
the Evaluation of Risk and Avoidance of Unanticipated Takings'' issued
under the executive order.

I. Paperwork Reduction Act

    This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.). ``Burden'' is defined at 5 CFR 1320.3(b).

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

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States. Because this rule approves pre-
existing state rules which are at least equivalent to, consistent with,
and no less stringent than existing Federal requirements, and imposes
no additional requirements beyond those imposed by state law, and there
are no anticipated significant adverse human health or environmental
effects, the rule is not subject to Executive Order 12898.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801-808, generally provides
that before a rule may take effect, the agency promulgating the rule
must submit a rule report, which includes a copy of the rule, to each
House of the Congress and to the Comptroller General of the United
States. The EPA will submit a report containing this document and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication in the Federal Register. A major rule cannot take effect
until 60 days after it is published in the Federal Register. This
action is not a ``major rule'' as defined by 5 U.S.C. 804(2). However,
this action will be effective December 20, 2021 because it is a direct
final rule.
    Authority: This rule is issued under the authority of sections
2002(a), 7004(b), and 9004, 9005 and 9006 of the Solid Waste Disposal
Act, as amended, 42 U.S.C. 6912(a), 6974(b), and 6991c, 6991d, and
6991e.

List of Subjects in 40 CFR Part 282

    Environmental protection, Administrative practice and procedure,
Hazardous substances, Incorporation by reference, State program
approval, and Underground storage tanks.

    Dated: September 30, 2021.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.

    For the reasons set forth in the preamble, the EPA is amending 40
CFR part 282 as follows:

PART 282--APPROVED UNDERGROUND STORAGE TANK PROGRAMS

0
1. The authority citation for part 282 continues to read as follows:

    Authority: 42 U.S.C. 6912, 6991c, 6991d, and 6991e.

0
2. Add Sec.  282.97 to read as follows:

Sec.  282.97  Washington State-Administered Program.

    (a) History of the approval of Washington's program. The State of
Washington is approved to administer and enforce an underground storage
tank program in lieu of the Federal program under subtitle I of the
Resource Conservation and Recovery Act of 1976 (RCRA), as amended, 42
U.S.C. 6991 et seq. The State's program, as administered by the
Washington Department of Ecology (Ecology), was approved by the EPA
pursuant to 42 U.S.C. 6991c and part 281 of this chapter. The EPA
published the notice of final determination approving the Washington
underground storage tank base program effective on October 8, 1993. A
subsequent program revision application was approved by the EPA and
became effective on December 20, 2021.
    (b) Enforcement authority. Washington has primary responsibility
for administering and enforcing its federally approved underground
storage tank program. However, the EPA retains the authority to
exercise its corrective action, inspection, and enforcement authorities
under sections 9003(h), 9005, and 9006 of subtitle I of RCRA, 42 U.S.C.
6991b(h), 6991d and 6991e, as well as under any other applicable
statutory and regulatory provisions.
    (c) Retention of program approval. To retain program approval,
Washington must revise its approved program to adopt new changes to the
Federal subtitle I program which make it more stringent, in accordance
with section 9004 of RCRA, 42 U.S.C. 6991c, and 40 CFR part 281,
subpart E. If Washington obtains approval for the revised requirements
pursuant to section 9004 of RCRA, 42 U.S.C. 6991c, the newly approved
statutory and regulatory provisions will be added to this subpart

and notice of any change will be published in the Federal Register.
    (d) Final approval. Washington has final approval for the following
elements of its program application originally submitted to the EPA and
approved effective October 8, 1993, and the program revision
application approved by the EPA effective on December 20, 2021:
    (1) State statutes and regulations--(i) Incorporation by reference.
The materials cited in this paragraph (d)(1) are incorporated by
reference as part of the underground storage tank program under
subtitle I of RCRA, 42 U.S.C. 6991 et seq. with the approval of the
Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part
51. To enforce any edition other than that specified in this section,
the EPA must publish a document in the Federal Register and the
material must be available to the public. All approved material is
available for inspection at EPA Region 10, 1200 Sixth Avenue, Suite
155, Seattle, Washington 98101, phone number<PHONE_NUMBER>. Copies of
Washington's program application may be obtained from the Underground
Storage Tank Program, Washington Department of Ecology, P.O. Box 4765,
Olympia, Washington 98504. All approved material is also available for
inspection at the National Archives and Records Administration (NARA).
For information on the availability of the material at NARA, email
[email protected] or go to www.archives.gov/federal-register/cfr/ibr-locations.html.
    (A) ``Washington Statutory Requirements Applicable to the
Underground Storage Tank Program,'' June 2021.
    (B) ``Washington Regulatory Requirements Applicable to the
Underground Storage Tank Program,'' June 2021.
    (ii) Legal basis. The EPA evaluated the statutes and regulations
listed in appendix B to this part that provide the legal basis for the
State's implementation of the underground storage tank program but are
not incorporated by reference and do not replace Federal authorities.
    (iii) Broader in scope. The specifically identified sections and
rules applicable to the Washington underground storage tank program
listed in appendix C to this part are broader in scope than the Federal
program, are not part of the approved program, and are not incorporated
by reference herein for enforcement purposes.
    (2) Statement of legal authority. The Attorney General Statement,
signed on October 10, 2018, though not incorporated by reference, is
referenced as part of the approved underground storage tank program
under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (3) Demonstration of procedures for adequate enforcement. The
``Demonstration of Procedures for Adequate Enforcement'' submitted as
part of the application for approval on June 30, 2021, though not
incorporated by reference, is referenced as part of the approved
underground storage tank program under subtitle I of RCRA, 42 U.S.C.
6991 et seq.
    (4) Program description. The program description and any other
material submitted as part of the original application on June 30,
2021, though not incorporated by reference, are referenced as part of
the approved underground storage tank program under subtitle I of RCRA,
42 U.S.C. 6991 et seq.
    (5) Memorandum of Agreement. The Memorandum of Agreement between
EPA Region 10 and the Washington Department of Ecology, signed by the
EPA Regional Administrator on March 19, 2019, though not incorporated
by reference, is referenced as part of the approved underground storage
tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

0
3. Amend appendix A to part 282 by adding an entry for ``Washington''
in alphabetical order by State to read as follows:

Appendix A to Part 282--State Requirements Incorporated by Reference in
Part 282 of the Code of Federal Regulations

* * * * *

Washington

    (a) The statutory provisions include:
    (1) Chapter 70A.355 RCW, ``Underground Storage Tanks'': Sections
70A.355.010, ``Definitions''; 70A.355.020, ``Department's Powers and
Duties--Rule-Making Authority'', Subsections 020(1), 020(2), 020(3);
70A.355.030, ``Environmentally Sensitive Areas''; 70A.355.090,
``Underground storage tank account''; 70A.355.100, ``Preemption'';
70A.355.900, ``Captions not law''; 70A.355.901 ``Severability--1989
c 346''; and 70A.355.902, ``Effective Date--1989 c 346''.
    (b) The regulatory provisions include:
    (1) Washington Administrative Code, Chapter 173-360A:

173-360A-0100 Purpose of chapter
173-360A-0110 Applicability of chapter
173-360A-0120 Preemption of local programs
173-360A-0130 Approval of more stringent local requirements
173-360A-0150 Definitions, except subsections -150(24), -150(54),
and -150(56)
173-360A-0190 Severability
173-360A-0230 Reporting requirements, except subsections -0230(1),
(7), (8) and (9)
173-360A-0240 Recordkeeping requirements, except subsection -0240(5)
173-360A-0260 Information sharing
173-360A-0300 Installation of UST systems and components
173-360A-0310 Performance standards for new UST systems and
components
173-360A-0320 Upgrade requirements for existing UST systems
173-360A-0330 Upgrade requirements for previously deferred UST
systems
173-360A-0340 Performance standards for partially exempt UST systems
173-360A-0350 Compatibility requirements for UST systems
173-360A-0400 Transfer of reguated substances--Owners and operators
173-360A-0405 Transfer of regulated substances--Product deliverers
and waste oil collectors
173-360A-0410 Change in regulated substances
173-360A-0420 Operation and maintenance walkthrough inspections
173-360A-0430 Operation and maintenance corrosion protection
173-360A-0440 Operation and maintenance internal linings
173-360A-0450 Operation and maintenance of containment sumps used
for interstitial monitoring of piping
173-360A-460 Operation and maintenance of spill prevention equipment
173-360A-0470 Operation and maintenance of overfill protection
equipment
173-360A-0480 Operation and maintenance of release detection
equipment
173-360A-0500 Purpose and applicability
173-360A-0510 Designation of Class A, Class B, and Class C operators
173-360A-0520 Timing of operator training
173-360A-0530 Requirements for operator training, except subsection
-530(1)(b)(i)(A), 0530(1)(b)(i)(B), 0530(1)(b)(i)(C) and
0530(1)(b)(ii)
173-360A-0540 Retraining requirements for Class A and Class B
operators
173-360A-0545 Operation and maintenance plans
173-360A-0550 Emergency response requirements
173-360A-0560 Documentation and recordkeeping
173-360A-0600 General release detection requirements
173-360A-0610 Release detection requirements for tanks
173-360A-0615 Release detection requirements for piping
173-360A-0620 Inventory control
173-360A-0625 Weekly manual tank gauging
173-360A-0630 Automatic tank gauging
173-360A-0635 Tank tightness testing
173-360A-0640 Automatic line leak detectors
173-360A-0650 Line tightness testing
173-360A-0655 Interstitial monitoring
173-360A-0660 Vapor monitoring
173-360A-0665 Groundwater monitoring
173-360A-0670 Statistical inventory reconciliation
173-360A-0675 Other release detection methods
173-360A-0700 Reporting of suspected releases
173-360A-0710 Investigation due to off-facility impacts

173-360A-0720 Release investigation and confirmation steps
173-360A-0730 Site assessment requirements
173-360A-0740 Reporting and cleanup of spills and overfills, except
subsection -0740(1)(a) in sofaras not to include groundwater
contamination
173-360A-0750 Reporting and cleanup of confirmed releases
173-360A-0800 Temporary closure of UST systems
173-360A-0810 Permanent closure of UST systems
173-360A-0820 Change-in-service of UST systems
173-360A-0830 Previously closed UST systems
173-360A-1000 Applicability
173-360A-1005 Definition of terms
173-360A-1010 Period of financial responsibility
173-360A-1015 Scope and amount of financial responsibility
173-360A-1020 Allowable mechanisms and combination of mechanisms
173-360A-1025 Substitution of mechanisms by owners or operators
173-360A-1030 Termination of mechanisms by providers
173-360A-1035 Responsibilities upon bankruptcy or other incapacity
of owner or operator or provider of financial assurance
173-360A-1040 Recordkeeping by ownerd and operators
173-360A-1045 Reporting by owners and operators
173-360A-1050 Use of standby trusts
173-360A-1055 Use of local government guarantees without standby
trusts
173-360A-1060 Mechanism--Financial test of self-insurance
173-360A-1061 Mechanism--Guarantee
173-360A-1062 Mechanism--Insurance and risk retention group coverage
173-360A-1063 Mechanism--Surety bond
173-360A-1064 Mechanism--Letter of credit
173-360A-1065 Mechanism--Trust fund
173-360A-1066 Mechanism--Standby trust fund
173-360A-1070 Mechanism--Local government bond rating test
173-360A-1071 Mechanism--Local government financial test
173-360A-1072 Mechanism--Local government guarantee
173-360A-1073 Mechanism--Local government fund
173-360A-1080 Appendi A--Letter from chief financial officer
173-360A-1081 Appendix B--Guarantee
173-360A-1082 Appendix C--Endorsement
173-360A-1083 Appendix D--Certificate of insurance
173-360A-1084 Appendix E--Performance bond
173-360A-1085 Appendix F--Irrevocable standby letter of credit
173-360A-1086 Appendix G--Trust agreement
173-360A-1087 Appendix H--Certification of acknowledgement
173-360A-1088 Appendix I--Local government bond rating test--Letter
from chief financial officer of general purpose local governments
173-360A-1089 Appendix J--Local government bond rating test--Letter
from chief financial officer of nongeneral purpose local governments
173-360A-1090 Appendix K--Local government financial test--Letter
from chief financial officer
173-360A-1091 Appendix L--Local government guarantee with standby
trust made by a state
173-360A-1092 Appendix M--Local government guarantee with standby
trust made by a local government
173-360A-1093 Appendix N--Local government guarantee without standby
trust made by a state
173-360A-1094 Appendix O--Local government guarantee without standby
trust made by a local government
173-360A-1095 Appendix P--Local government fund--Letter from chief
financial officer
173-360A-1096 Appendix Q--Certification of financial responsibility
173-360A-1097 Appendix R--Certification of valid claim

    (2) Washington Administrative Code, Chapter 173-340, ``Model
Toxics Control Act Cleanup Regulation'':

173-340-450 Releases from underground storage tanks
173-340-600 Public notice and participation
* * * * *

0
4. Add appendix B to part 282 to read as follows:

Appendix B to Part 282--State Requirements Not Incorporated by
Reference in Part 282 of the Code of Federal Regulations

    The EPA evaluated the following statutes and regulations that
are part of the approved program but are not being incorporated by
reference for enforcement purposes and do not replace Federal
authorities.

Washington

    (a) The statutory provisions include:
    (1) RCW 70A.355, ``Underground Storage Tanks,'' Sections
70A.355.005, 020(5), 020(6), 040(2), 050, 060, and 070.
    (2) RCW 43.21B, ``Environmental Land Use & Hearing Office--
Pollution Control Hearings Board'' insofar as the provisions and
procedures serve to implement the underground storage tank program.
    (b) The regulatory provisions, insofar as these sections
identify specific authorities for the implementation, compliance
monitoring and enforcement of the underground storage tank program,
include:
    (1) WAC 173-360A (July 18, 2018), ``Underground Storage Tank
Regulations,'' Sections:

173-360A-0140, ``Intergovernmental agreements''
173-360A-0150(24), ``Facility compliance tags''
173-360A-0150(54), ``Product deliverer''
173-360A-0150(56), ``Red tag''
173-360A-0220, ``Facility compliance tags''
173-360A-0250, ``Compliance monitoring, investigation, and access''
173-360A-0270, ``Enforcement''
173-360A-0280, ``Delivery Prohibition''
173-360A-0290, ``Civil penalties''
    (2) WAC 371-08-485(2) and (3), ``Practice and Procedure.''
    (3) Washington Superior Court Civil Rule 24(a)(2).

0
5. Add appendix C to part 282 to read as follows:

Appendix C to Part 282--Other State Provisions Not Incorporated by
Reference in Part 282 of the Code of Federal Regulations

    The following statutory and regulatory provisions are ``broader
in scope'' than the Federal program, are not part of the approved
program, and are not incorporated by reference herein. These
provisions are not federally enforceable.

Washington

    (a) The statutory provisions include:
    (1) RCW 70A.355, ``Underground Storage Tanks'': Sections 020(4),
020(7), 020(8), 040(1), 040(3) and 080.
    (2) RCW 70A.305, ``Hazardous Waste Cleanup--Model Toxics Control
Act'' insofar as the provisions and procedures serve to implement
the underground storage tank program.
    (3) RCW 70A.325, ``Underground Petroleum Tanks'' insofar as the
provisions and procedures serve to implement the underground storage
tank program.
    (4) RCW 70A.330, ``Petroleum Storage Tank Systems Pollution
Liability Protection Act'' insofar as the provisions and procedures
serve to implement the underground storage tank program.
    (5) RCW 70A.345, ``Underground Storage Tank Revolving Loan and
Grant Program'' insofar as the provisions and procedures serve to
implement the underground storage tank program.
    (6) RCW 82.23A, ``Petroleum Products--Underground Storage Tank
Program Funding'' insofar as the provisions and procedures serve to
implement the underground storage tank program.
    (b) The regulatory provisions include:
    (1) WAC 173-360A (July 18, 2018), ``Underground Storage Tank
Regulations,'' Sections 0200, 0210, 0230(1), (7) and (8), 0240(5),
0530(1)(i)(A), 0530(1)(b)(i)(B), 0530(1)(b)(i)(C) and
0530(1)(b)(ii), 0740(1)(a), and 0900 through 0940.

[FR Doc. 2021-22596 Filed 10-18-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 135 (Tuesday, July 15, 2014)]
[Notices]
[Pages 41271-41272]
[FR Doc No: 2014-16438]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 4684-068]

Stillwater Hydro Associates, LLCGR Catalyst One, LLC; Notice of
Application for Transfer of License and Soliciting Comments and Motions
To Intervene

    On June 19, 2014, Stillwater Hydro Associates, LLC (transferor) and
GR Catalyst One, LLC (transferee) filed an application for transfer of
license of the Stillwater Hydroelectric Project located on the Hudson
River in Saratoga and Rensselaer counties, New York.
    The transferor and transferee seek Commission approval to transfer
the license for the Stillwater Hydroelectric Project from the
transferor to the transferee.
    Applicant Contacts: For Transferor: Mr. Dwight A. Bowler, Vice
President, Stillwater Hydro Associates, LLC, c/o Champlain Spinners
Power Company,

Inc., 813 Jefferson Hill Road, Nassau, New York 12123 and Mr. Joshua A.
Sabo, Esq., 287 North Greenbush Road, Troy, New York 12180. For
Transferee: Mr. Mark Boumansour, COO, GR Catalyst One, LLC, c/o Gravity
Renewables, Inc., 1401 Walnut Street, Suite 220, Boulder, Colorado
80302 and Mr. Robert A. Panasci, Esq., Young/Sommer, LLC, Executive
Woods, 5 Palisades Drive, Albany, New York 12205.
    FERC Contact: Patricia W. Gillis,<PHONE_NUMBER>.
    Deadline for filing comments and motions to intervene: 30 days from
the issuance date of this notice, by the Commission. The Commission
strongly encourages electronic filing. Please file motions to intervene
and comments using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief
comments up to 6,000 characters, without prior registration, using the
eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You
must include your name and contact information at the end of your
comments. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to:
Secretary, Federal Energy Regulatory Commission, 888 First Street NE.,
Washington, DC 20426. The first page of any filing should include
docket number P-4684-068.

    Dated: July 8, 2014.
 Kimberly D. Bose,
 Secretary.
[FR Doc. 2014-16438 Filed 7-14-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 46 (Thursday, March 8, 2018)]
[Rules and Regulations]
[Pages 9811-9813]
[FR Doc No: 2018-04405]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-1166; Product Identifier 2017-CE-042-AD; Amendment
39-19217; AD 2018-05-08]
RIN 2120-AA64

Airworthiness Directives; GA 8 Airvan (Pty) Ltd Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are superseding Airworthiness Directive (AD) 2013-19-12 for
GA 8 Airvan (Pty) Ltd Models GA8 and GA8-TC320 airplanes. This AD
results from mandatory continuing airworthiness information (MCAI)
issued by an aviation authority of another country to identify and
address an unsafe condition on an aviation product. The MCAI describes
the unsafe condition as the fuel system integral sump tank not meeting
FAA regulations. We are issuing this AD to require actions to address
the unsafe condition on these products.

DATES: This AD is effective April 12, 2018.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of April 12,
2018.

ADDRESSES: You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
1166; or in person at Docket Operations, U.S. Department of
Transportation, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.
    For service information identified in this AD, contact GA 8 Airvan
(Pty) Ltd, c/o GippsAero Pty Ltd, Attn: Technical Services, P.O. Box
881, Morwell Victoria 3840, Australia; telephone: +61 03 5172 1200;
fax: +61 03 5172 1201; email: [email protected].
You may view this referenced service information at the FAA, Policy and
Innovation Division, 901 Locust, Kansas City, Missouri 64106. For
information on the availability of this material at the FAA, call (816)
329-4148. It is also available on the internet at http://www.regulations.gov by searching for Docket No. FAA-2017-1166.

FOR FURTHER INFORMATION CONTACT: Doug Rudolph, Aerospace Engineer, FAA,
Small Airplane Standards Branch, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
[email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to GA 8 Airvan (Pty) Ltd
Models GA8 and GA8-TC320 airplanes. That NPRM was published in the
Federal Register on December 19, 2017 (82 FR 60128), and proposed to
supersede AD 2013-19-12, Amendment 39-17594 (78 FR 58872, September 25,
2013) (``AD 2013-19-12'').
    Since we issued AD 2013-19-12, the related service information has
been amended to incorporate a modification

to ventilate the area around the integral sump tank.
    The NPRM proposed to address an unsafe condition for the specified
products and was based on mandatory continuing airworthiness
information (MCAI) originated by an aviation authority of another
country. The MCAI states that:

    The GippsAero GA8 and GA8-TC 320 aircraft Mk II fuel system
features an integral sump tank located in the floor structure
forward of the co-pilot seat. The current configuration of the
compartments adjacent to the Mk II sump tank does not meet the
requirements of regulation 23.967(b) of the Federal Aviation
Regulations of the United States of America in that they are not
suitably ventilated and drained to prevent the accumulation of
flammable fluids or vapours.
    Amendment 1 of this [CASA] directive mandates ventilation of the
area around the integral sump tank as presented in SB-GA8-2012-96
Issue 6 to meet the requirements of regulation 23.967(b) of the
Federal Aviation Regulations of the United States of America.

The MCAI can be found in the AD docket on the internet at https://www.regulations.gov/document?D=FAA-2017-1166-0002.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and
the public interest require adopting this AD as proposed except for
minor editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.

Related Service Information

    We reviewed GippsAero Service Bulletin SB-GA8-2012-96, Issue 6,
dated July 21, 2016. This service information describes procedures for
modifying the fuel ventilation and drainage system. This service
information is reasonably available because the interested parties have
access to it through their normal course of business or by the means
identified in the ADDRESSES section of this AD.

Costs of Compliance

    We estimate that this AD will affect 47 products of U.S. registry.
We also estimate that it will take about 3 work-hours per product to do
fuel system ventilation and drainage modification requirement of this
AD (this action is retained from AD 2013-19-12). The average labor rate
is $85 per work-hour.
    Based on these figures, we estimate the cost of this portion of
this AD on U.S. operators to be $11,985, or $255 per product.
    We also estimate that it will take about 4 work-hours per product
to do the supplementary fuel ventilation modification requirement of
this AD. The average labor rate is $85 per work-hour. Required parts
will cost about $932 per product.
    Based on these figures, we estimate the cost of this portion of
this AD on U.S. operators to be $59,784, or $1,272 per product.
    In addition, we estimate that it will take about 4 work-hours per
product to do the cargo pod modification requirement of this AD (this
action is retained from AD 2013-19-12). The average labor rate is $85
per work-hour. Required parts will cost about $1,000 per product, for a
cost of $1,340 per product. We have no way of determining the number of
products that may need this action.
    According to the manufacturer, some of the costs of this AD may be
covered under warranty, thereby reducing the cost impact on affected
individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. 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.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to small airplanes, gliders,
balloons, airships, domestic business jet transport airplanes, and
associated appliances to the Director of the Policy and Innovation
Division.

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
1166; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
the NPRM, the regulatory evaluation, any comments received, and other
information. The street address for Docket Operations (telephone (800)
647-5527) is in the ADDRESSES section. Comments will be available in
the AD docket shortly after receipt.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Amendment 39-17594 (78 FR
58872, September 25, 2013), and adding the following new AD:

2018-05-08 GA 8 Airvan (Pty) Ltd: Amendment 39-19217; Docket No.
FAA-2017-1166; Product Identifier 2017-CE-042-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective April 12,
2018.

(b) Affected ADs

    This AD replaces AD 2013-19-12, Amendment 39-17594 (78 FR 58872,
September 25, 2013) (``AD 2013-19-12'').

(c) Applicability

    This AD applies to the following GA 8 Airvan (Pty) Ltd airplane
models and serial numbers (S/Ns) presented in paragraphs (c)(1) and
(c)(2) that are certificated in any category:
    (1) Group 1 Airplanes:
    (i) Model GA8: S/N GA8-02-012 and S/Ns 128 through 205; and
    (ii) Model GA8-TC320: S/Ns GA8-TC 320-02-016, GA8-TC 320-03-025,
GA8-TC 320-09-120, and S/Ns 129 through 205.
    (2) Group 2 Airplanes:
    (i) Model GA8: S/N GA8-02-012 and S/Ns 128 through 246; and
    (ii) Model GA8-TC320: S/Ns GA8-TC 320-02-016, GA8-TC 320-03-025,
GA8-TC 320-09-120, and S/Ns 129 through 246.

    Note 1 to paragraph (c) of this AD: The last three digits (third
tier designation) of the affected airplane model S/Ns are sequential
regardless of the model designation (first tier designation) or the
year produced (second tier designation).

(d) Subject

    Air Transport Association of America (ATA) Code 28: Fuel System.

(e) Reason

    This AD was prompted by mandatory continuing airworthiness
information (MCAI) issued by the aviation authority of another
country to identify and address an unsafe condition on an aviation
product. The MCAI describes the unsafe condition as the fuel system
integral sump tank not meeting FAA regulations. We are issuing this
AD to prevent the accumulation of flammable fluids or vapors, which
could lead to a flammability issue.

(f) Actions and Compliance

    Unless already done, do the following actions:
    (1) For all affected Group 1 airplanes: Within the next 100
hours time-in-service (TIS) after April 12, 2018 (the effective date
of this AD) or within the next 3 months after April 12, 2018 (the
effective date of this AD), whichever occurs first, modify the
airplane following Part 1 of GippsAero Service Bulletin SB-GA8-2012-
96, Issue 6, dated July 21, 2016. If the airplane was previously
affected under AD 2013-19-12 and compliance with that AD has already
been done, this AD allows credit for doing this modification
following Part 1 of GippsAero Mandatory Service Bulletin SB-GA8-
2012-96, Issue 4, dated August 12, 2013.
    (2) For affected Group 1 airplanes that are equipped with a
cargo pod part number GA8-255004-017 or GA8-255004-019: Before
further flight after the modification required in paragraph (f)(1)
of this AD, modify the cargo pod following Part 2 of GippsAero
Service Bulletin SB-GA8-2012-96, Issue 6, dated July 21, 2016. If
the airplane was previously affected under AD 2013-19-12 and
compliance with that AD has already been done, this AD allows credit
for doing this modification following Part 2 of GippsAero Mandatory
Service Bulletin SB-GA8-2012-96, Issue 4, dated August 12, 2013.
    (3) For all affected Group 2 airplanes: Within the next 100
hours TIS after April 12, 2018 (the effective date of this AD) or
within 3 months after April 12, 2018 (the effective date of this
AD), whichever occurs first, modify the airplane following Part 3 of
GippsAero Service Bulletin SB-GA8-2012-96, Issue 6, dated July 21,
2016.

(g) Credit for Actions Done Following Previous Service Information

    This AD allows credit for airplanes that were previously
affected by AD 2013-19-12 and the actions required in paragraphs
(f)(1) and (f)(2) of this AD were previously done following Part 1
and Part 2 of GippsAero Mandatory Service Bulletin SB-GA8-2012-96,
Issue 4, dated August 12, 2013.

(h) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. Send
information to ATTN: Doug Rudolph, Aerospace Engineer, FAA, Small
Airplane Standards Branch, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email: [email protected]. Before using any approved AMOC on any
airplane to which the AMOC applies, notify your appropriate
principal inspector (PI) in the FAA Flight Standards District Office
(FSDO), or lacking a PI, your local FSDO.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, Standards
Office, FAA; or the Civil Aviation Safety Authority (CASA).

(i) Related Information

    Refer to MCAI Civil Aviation Safety Authority (CASA) AD No. AD/
GA8/7, Amendment 1, dated November 13, 2017; and GippsAero Mandatory
Service Bulletin SB-GA8-2012-96, Issue 4, dated August 12, 2013. You
may examine the MCAI on the internet at https://www.regulations.gov/document?D=FAA-2017-1166-0002.

(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) GippsAero Service Bulletin SB-GA8-2012-96, Issue 6, dated
July 21, 2016.
    (ii) Reserved.
    (3) For GA 8 Airvan (Pty) Ltd service information identified in
this AD, contact GA 8 Airvan (Pty) Ltd, c/o GippsAero Pty Ltd, Attn:
Technical Services, P.O. Box 881, Morwell Victoria 3840, Australia;
telephone: +61 03 5172 1200; fax: +61 03 5172 1201; email:
[email protected].
    (4) You may view this service information at FAA, Policy and
Innovation Division, 901 Locust, Kansas City, Missouri 64106. For
information on the availability of this material at the FAA, call
816-329-4148. In addition, you can access this service information
on the internet at http://www.regulations.gov by searching for and
locating Docket No. FAA-2017-1166.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Kansas City, Missouri, on February 26, 2018.
Melvin J. Johnson,
Deputy Director, Policy & Innovation Division, Aircraft Certification
Service.
[FR Doc. 2018-04405 Filed 3-7-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 241 (Wednesday, December 16, 2015)]
[Notices]
[Pages 78226-78227]
[FR Doc No: 2015-31539]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-SFUND-2005-0007; FRL-9937-24-OEI]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; EPA Worker Protection Standards for
Hazardous Waste Operations and Emergency Response (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency has submitted an
information collection request (ICR), ``EPA Worker Protection Standards
for Hazardous Waste Operations and Emergency Response (Renewal)'' (EPA
ICR No. 1426.11, OMB Control No. 2050-0105) to the Office of Management
and Budget (OMB) for review and approval in accordance with the
Paperwork Reduction Act (44 U.S.C. 3501 et seq.). This is a proposed
extension of the ICR, which is currently approved through December 31,
2015. Public comments were previously requested via the Federal
Register 80 FR 60144 on October 5, 2015 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 January 15,
2016.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
SFUND-2005-0007, to (1) EPA 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, and (2) OMB via email
to<EMAIL_ADDRESS>Address comments to OMB Desk Officer
for EPA.
    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.

FOR FURTHER INFORMATION CONTACT:  Sella M. Burchette, U.S.
Environmental Response Team, MS 101, Building 205, Edison, NJ 08837,
telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; email
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
the information that the 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 the EPA Docket Center, WJC 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: Section 126(f) of the Superfund Amendments and
Reauthorization Act of 1986 (SARA) requires EPA to set worker
protection standards for State and local employees engaged in hazardous
waste operations and emergency response in the 27 States that do not
have Occupational Safety and Health Administration approved State
plans. The EPA coverage, as cited in 40 CFR 311, required to be
identical to the OSHA standards, extends to three categories of
employees: Those engaged in clean-ups at uncontrolled hazardous waste
sites, including corrective actions at Treatment, Storage and Disposal
(TSD) facilities regulated under the Resource Conservation and Recovery
Act (RCRA); employees working on routine hazardous waste operations at
RCRA TSD facilities, and employees involved in emergency response
operations without regard to location. This ICR renews existing
mandatory record keeping collection of ongoing activities including
monitoring of any potential employee exposure at uncontrolled hazardous
waste sites, maintaining records of employee training, refresher
training, medical exams and reviewing emergency response plans.
    Form Numbers: None.
    Respondents/affected entities: State and local employees engaged in
hazardous waste operations and emergency response in the 27 States that
do not have Occupational Health & Safety Administration (OSHA) approved
State plans.
    Respondent's Obligation to respond: Mandatory. Section (e) and by
statue in Section (f)[8] of OSHA's 29 CFR 1910.120.
    Estimated number of respondents: 23,900.
    Frequency of response: Once, Annual, On occasion.
    Total estimated burden: 255,477 hours (per year). Burden is defined
at 5 CFR 1320.03(b)
    Total estimated cost: $4,668,688 (per year), includes $0 annualized
capital or operation & maintenance costs.
    Changes in Estimates: There is no change of the hours in the total
estimated respondent burden compared with the ICR currently approved by
OMB. This is due to the program maturing and stabilizing. The cost

increased by $1,143,100, which is due to increased labor rates.

Courtney Kerwin,
Acting Director, Collection Strategies Division.
[FR Doc. 2015-31539 Filed 12-15-15; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 174 (Tuesday, September 8, 2020)]
[Notices]
[Pages 55571-55572]
[FR Doc No: 2020-19807]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2020-0111]

Agency Information Collection Activities; Revision of an Approved
Information Collection: Renewal of Practices of Household Goods Brokers

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), U.S.
Department of Transportation (DOT).

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FMCSA
announces its plan to submit the information collection request (ICR)
renewal described below to the Office of Management and Budget (OMB)
for its review and approval and invites the public to comment. FMCSA
requests OMB's renewed approval to the ICR titled ``Practices of
Household Brokers'' to keep compliance with 49 CFR part 371. This
renewal updates wage related costs that have changed since the last
approval and revises the previous information collection total
respondent hourly and cost burden methodology to be consistent with
best practices. This ICR renewal is necessary to support the
requirements of subpart B of 49 CFR part 371 and FMCSA's responsibility
to ensure consumer protection in the transportation of household goods
(HHG).

DATES: We must receive your comments on or before November 9, 2020.

ADDRESSES: You may submit comments identified by Federal Docket
Management System (FDMS) Docket Number FMCSA-2020-0111 using any of the
following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments.
     Fax: 1-202-493-2251
     Mail: Docket Operations; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Room W12-140, Washington, DC 20590-0001 between 9 a.m. and 5 p.m.
Eastern Time, Monday through Friday, except Federal holidays.
    Instructions: All submissions must include the agency name and
docket number. For detailed instructions on submitting comments and
additional information on the exemption process, see the Public
Participation heading below. Note that all comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading
below.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov and follow the
online instructions for accessing the dockets, or go to the street
address listed above.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public. DOT posts these comments, without edit,
including any personal information the commenter provides, to
www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy.
    Public Participation: The Federal eRulemaking Portal is available
24 hours each day, 365 days each year. You can obtain electronic
submission and retrieval help and guidelines under the ``help'' section
of the Federal eRulemaking Portal website. If you want us to notify you
that we received your comments, please include a self-addressed,
stamped envelope or postcard, or print the acknowledgement page that
appears after submitting comments online. Comments received after the
comment closing date will be included in the docket and will be
considered to the extent practicable.

FOR FURTHER INFORMATION CONTACT: Monique Riddick, Commercial
Enforcement and Investigations Division, U.S. Department of
Transportation, Federal Motor Carrier Safety Administration, West
Building 6th Floor MC-ECC, 1200 New Jersey Avenue SE, Washington, DC
20590-0001. Telephone:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    Background: As a result of Title IV, Subtitle B of the Safe,
Accountable, Flexible, Efficient, Transportation Equity Act: A Legacy
for Users (SAFETEA-LU) (Pub. L. 109-59) and a petition for rulemaking
from the American Moving and Storage Association (AMSA), FMCSA amended
then-existing regulations for brokers in a final rule titled, ``Brokers
of Household Goods Transportation by Motor Vehicles,'' (75 FR 72987,
Nov. 29, 2010), amending 49 CFR part 371 by providing additional
consumer protection responsibilities for brokers of HHG.
    Section 4212 of SAFETEA-LU, directs the DOT Secretary to require
HHG brokers to provide shippers with information throughout the various
stages of their interactions with shippers. The following phases
summarize the information collection required by the HHG broker at the
various contractual stages by 49 CFR 371.

I. First Phase: ``Prospecting''

    When a HHG shipper is looking to procure a HHG broker's services,
the broker must collect the following information and display it on its
websites and solicitation materials:
     Its physical address (371.107a);
     Its U.S. DOT license numbers (371.107b);
     A statement indicating it will not transport the shipper's
goods but will only arrange for goods to be transported by a registered
motor carrier (371.107c);

     If the broker chooses to publish rates on its website or
solicitation materials, the broker must also publish a statement that
the rates are based on a motor carrier's publicly available rates
(371.107d);
     If broker chooses to publish a list of motor carriers it
works with, the list must be a list only of carriers with which brokers
have agreements (371.107e); and
     Brokers must publish information regarding their
cancellation policies, including information on deposits and refunds
(371.117a).
    For the exact text of regulations see section 12 part I of this
document.

II. Second Phase: ``Contact''

    When an HHG shipper makes a reasonable request seeking additional
information about broker services, the HHG broker must collect the
following information and distribute it to the HHG shipper:
     A list of carriers it has agreements with (371.109a); and
     A statement indicating the broker is not a carrier and
that the broker is only arranging transportation of shipper's goods
(371.109b).
    For the exact text of regulations see Section 12 Part II.

III. Third Phase: ``Estimate''

    When an HHG shipper requests an estimate, the broker must collect
the following information and provide it to the shipper:
     FMCSA's published information material: (1) ``Ready to
Move? Tips for a Successful Interstate Move'' and (2) ``Your Rights and
Responsibilities When You Move (2013 Update)'' (371.111a1, 2, & 3);
     A written estimate based on a physical survey of household
items (371.113a) and published carrier rates (371.113b); and
     If applicable, a ``Waiver'' receipt showing shipper waived
their right to a physical survey of their household items (371.113b).
    The broker must obtain a signed document showing that FMCSA's
published information material was received by the shipper (371.111c).
For the exact text of regulations see section 12 part III.

IV. Fourth Phase: ``Agreement''

    Should the shipper find the estimate(s) and broker services
reasonable and wish to book the broker's services, the two parties must
enter into an agreement. At this point it is standard practice for
shippers to pay a deposit or full payment. Before a deposit is
collected the broker must collect the following information and
distribute it to the HHG shipper:
     An agreement document with required specifications as laid
out by regulation 371.115; and
     An agreement document which highlights the broker's and/or
motor carrier's refund policy for cancelation of agreements (371.117a).
    For the exact text of regulations see section 12 part IV.

V. Fifth Phase: ``Delivery''

    After the broker confirms delivery of the household goods by the
carrier, the broker must collect the following information and
distribute it to the HHG shipper:
     A receipt with transaction data, including cancelation
details if the agreement was canceled as laid out by 49 CFR 371.3.
    The complete collection of information required by the referenced
final rule assists shippers in their business dealings with interstate
HHG brokers. The information collected is used by prospective shippers
to make informed decisions about contracts, services ordered, executed,
and settled. The HHG broker is often the primary contact for individual
shippers and in the best position to educate shippers and prepare them
for a successful move. The information collection is intended to combat
deceptive business practices; the information helps enforcement
personnel better protect consumers by verifying that shippers are
receiving information as required by regulations.
    FMCSA revises the total annual burden to 153,758 hours. This is an
increase of 83,673 annual burden hours from the currently approved
70,085 burden estimate. The increase is due to the following:
    1(a) the previous information collections did not include the
broker's time to complete physical surveys of shippers household goods,
and 1(b) the time to prepare a written estimate based off a physical
survey as required by 49 CFR 371.113(a).
    (2) The previous iteration did not account for the hours brokers
spend to complete a waiver, if applicable, as required by 49 CFR
371.113(c)(1), (c)(2), & (c)(3).
    (3) The previous iteration did not clarify a frequency formula used
to calculate the number of times brokers collect and submit information
to shippers.
    (4) FMCSA's records for household goods brokers increased from 543
brokers to 652 brokers.
    For this renewal, FMCSA updated the methodology to reflect best
practices, which resulted in the annual burden increase.
    Title: Practices of Household Goods Brokers.
    OMB Control Number: 2126-0048.
    Type of Request: Renewal of currently approved collection.
    Respondents: Brokers of Household Goods.
    Estimated Number of Respondents: 5,216 [Phase I (652); + Phase II:
(652 + 652); + Phase III (652 + 652 +652); + Phase IV (652); + Phase V
(652) = 600,492].
    Estimated Number of Responses: 600,492 responses [Phase I (3,260);
+ Phase II: (3,260 + 200,816); + Phase III (3,260 + 125,836 + 63,244);
+ Phase IV (100, 408); + Phase V (100, 408) = 600,492].
    Estimated Time per Response: 0.26 hours or 15.37 minutes [total
burden hours (153,758) divided by total number of responses (600,492).
    Expiration Date: January 31, 2021.
    Frequency of Response: On occasion.
    Estimated Total Annual Burden: 153,758 hours.
    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 performance of FMCSA's functions; (2)
the accuracy of the estimated burden; (3) ways for 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. The agency will summarize or include your
comments in the request for OMB's clearance of this information
collection.

    Issued under the authority of 49 CFR 1.87.
Kenneth Riddle,
Acting Associate Administrator, Office of Research and Registration.
[FR Doc. 2020-19807 Filed 9-4-20; 8:45 am]
BILLING CODE 4910-EX-P