[Federal Register Volume 80, Number 161 (Thursday, August 20, 2015)]
[Notices]
[Pages 50712-50713]
[FR Doc No: 2015-20569]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0261

Hours of Service of Drivers: CRST Expedited Inc., Application for
Exemption

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

ACTION: Notice of application for exemption; request for comments.

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SUMMARY: FMCSA announces that it has received an application from CRST
Expedited, Inc. (CRST) for an exemption from certain provisions of the
Agency's hours-of-service (HOS) regulations. CRST proposes that its
team drivers be granted an exemption from the HOS rules pertaining to
use of a sleeper berth (SB). Current HOS rules require that all SB rest
regimens include, in part, the regular use of a SB period for at least
8 hours--combined with a separate period of at least 2 hours, either in
the SB, off-duty or some combination of both--to gain the equivalent of
at least 10 consecutive hours off duty. CRST proposes that its team
drivers be allowed to take the equivalent of 10 consecutive hours off
duty by splitting SB time into two periods totaling 10 hours, provided
neither of the two periods is less than 3 hours. FMCSA requests public
comment on CRST's application for exemption.

DATES: Comments must be received on or before September 21, 2015.

ADDRESSES: You may submit comments identified by Federal Docket
Management System Number FMCSA-2015-0261 by any of the following
methods:
     Federal eRulemaking Portal: www.regulations.gov. Follow
the online instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility, 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: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    Instructions: All submissions must include the Agency name and
docket number. For 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 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 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 to better inform its rulemaking process. 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 Web site. 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.

FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, FMCSA Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; Telephone:<PHONE_NUMBER>. Email<EMAIL_ADDRESS>If you
have questions on viewing or submitting material to the docket, contact
Docket Services, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Background

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from certain parts of the Federal Motor Carrier Safety
Regulations. FMCSA must publish a notice of each exemption request in
the Federal Register (49 CFR 381.315(a)). The Agency must provide the
public an opportunity to inspect the information relevant to the
application, including any safety analyses that have been conducted.
The Agency must also provide an opportunity for public comment on the
request.
    The Agency reviews safety analyses and public comments submitted,
and determines whether granting the exemption would likely achieve a
level of safety equivalent to, or greater than, the level that would be
achieved by the current regulation (49 CFR 381.305). The decision of
the Agency must be published in the Federal Register (49 CFR
381.315(b)) with the reasons for denying or granting the application
and, if granted, the name of the person or class of persons receiving
the exemption, and the regulatory provision from which the exemption is
granted. The notice must also specify the effective period and explain
the terms and conditions of the exemption. The exemption may be renewed
(49 CFR 381.300(b)).

Request for Exemption

    CRST states that it operates one of industry's largest fleet of
team drivers with 4,000 drivers and 1,931 vehicles. CRST delivers
products to 48 states from a wide variety of customer locations. The
company operates 24 hours a day, seven days a week. Drivers are on duty
an average of 48-52 hours per week. Drivers average between 42 and 44
hours of driving time. Work normally consists of picking up loaded
trailers at a customer location, driving to the destination and
delivering the loaded trailer.
    According to CRST, the average driver team typically travels
approximately 3,500 miles per week. CRST estimates that 75% of drivers
obtain at least 34 consecutive hours off-duty while on the road each
week. CRST operates on two- to three-week work cycles. Drivers report
for work and are on the road typically 2 to 3 weeks and then return
home for 4 to 5 days.
    CRST's tractors are equipped with double-bunk sleepers in the event
both drivers need or want to rest at the same time. Drivers are allowed
to make their own decisions about when and where to take short rest
breaks based on their personal needs and preferences in conformance
with regulatory requirements. CRST asserts that it takes safety, health
and wellness seriously, and hires well-qualified drivers who go through
a comprehensive orientation/new-hire training program. CRST's trucks
are equipped with electronic on-board recorders (EOBRs) that include
electronic logs.
    CRST requests an exemption from the current regulations for its
delivery shipment operations to eliminate the requirement that SB time
include a period of at least 8 but less than 10 consecutive hours in
the SB and a separate period of at least 2 but less than 10 consecutive
hours either in the SB or off duty, or any combination thereof (49 CFR
395.1(g)(1)(ii)(A)(1)). CRST proposes that its team drivers be allowed
to split SB time into two periods totaling at least 10 hours, provided
neither of the two periods is less than 3 hours in length. The request
would be limited to drivers in team operations. CRST operates on an
average day, 1,500 trucks and 3,000 drivers in team operations--two
drivers taking turns operating the same truck. If granted the exemption
would apply to this number of trucks and drivers.
    CRST states that many of their team drivers are newcomers to the
trucking industry. Drivers have told CRST that driving an entire 10-11
hour driving shift is too long and that they want the opportunity to
switch with a partner more frequently. According to CRST, having the
flexibility to switch with a partner allows each driver to take
advantage of shorter time periods when they may feel fatigued. Further,
splitting the SB time for both team drivers would allow each driver to
obtain sleep during critical nighttime hours, which would provide more
restorative sleep.
    CRST states that it is committed to maintaining its safety record
by focusing on continuous improvement, promoting technologies to
enhance safety, and having well-communicated policies in place to
address both safety and compliance-related topics. CRST identified some
countermeasures it would take to maintain safe operations if the
exemption is granted. The safeguards would include, but not be limited
to:
     Drive time would be reduced from 11 hours to 10 hours.
Team drivers would be limited to 10 hours of driving prior to
completing their required 10 hours total SB.
     Drivers use EOBRs to track their duty time and HOS
compliance;
     All tractors are equipped with speed limiters; Company-
owned trucks are governed at 65 MPH; and
     Trucks brought into service in 2015 are equipped with
collision-avoidance technology.
    CRST believes that by allowing its team drivers to exercise
flexibility in their SB requirements, the drivers would experience more
quality rest. To support its request for the exemption, CRST cited the
results of an FMCSA-sponsored study entitled ``Investigation of the
Effects of Split Sleep Schedules on Commercial Vehicle Driver Safety
and Health'' by Belenky (2012). The report noted ``. . . that when
consolidated nighttime sleep is not possible, split sleep is preferable
to consolidated daytime sleep.'' (http://ntl.bts.gov/lib/51000/51200/51254/12-003-Split-Sleep_Investigation-of-the-Effects-of-Split-Sleep-Schedules-on-Commercial-Vehicle-Driver-Safety-and-Health-508.pdf)
    A copy of CRST's application for exemption is available for review
in the docket for this notice.

Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315(b)(4), FMCSA
requests public comment on CRST's application for an exemption from
certain provisions of the driver's HOS rules in 49 CFR part 395. The
Agency will consider all comments received by close of business on
September 21, 2015. Comments will be available for examination in the
docket at the location listed under the ADDRESSES section of this
notice.

    Issued on: August 13, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-20569 Filed 8-19-15; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 85, Number 147 (Thursday, July 30, 2020)]
[Proposed Rules]
[Pages 45834-45839]
[FR Doc No: 2020-15219]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R05-RCRA-2020-0275; FRL-10011-96-Region 5]

Illinois: Proposed Authorization of State Hazardous Waste
Management Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Illinois has applied to the Environmental Protection Agency
(EPA) for final authorization of changes to its hazardous waste program
under the Resource Conservation and Recovery Act (RCRA), as amended.
EPA has reviewed Illinois' application and has determined that these
changes satisfy all requirements needed to qualify for final
authorization. Therefore, we are proposing to authorize the State's
changes. EPA seeks public comment prior to taking final action.

DATES: Comments on this proposed rule must be received by September 14,
2020.

ADDRESSES: Submit your comments by one of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the online instructions for submitting comments.
     Email<EMAIL_ADDRESS>    EPA must receive your comments by September 14, 2020. Direct your
comments to Docket ID Number EPA-R05-RCRA-2020-0275. EPA's policy is
that all comments received will be included in the public docket
without change and may be made available online at www.regulations.gov,
including any personal information provided, unless the comment
includes information claimed to be Confidential Business Information
(CBI), or other information whose disclosure is restricted by statute.
Do not submit information that you consider to be CBI or otherwise
protected through www.regulations.gov, or email. The federal
www.regulations.gov website is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
submission methods, the full EPA public comment policy, information
about CBI or multi-media submissions, and general guidance on making
effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    Docket: All documents in the docket are listed in the
www.regulations.gov, index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available electronically in
www.regulations.gov. For alternative access to docket materials, please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section.

FOR FURTHER INFORMATION CONTACT: Judith Greenberg, RCRA C and D
Section, Land, Chemicals and Redevelopment Division, LL-17J, U.S.
Environmental Protection Agency, 77 West Jackson Boulevard, Chicago,
Illinois 60604; telephone number:<PHONE_NUMBER>, email address:
<EMAIL_ADDRESS>The EPA Region 5 office is open from 9:00
a.m. to 4:00 p.m., Monday through Friday, excluding federal holidays
and facility closures due to COVID-19.

SUPPLEMENTARY INFORMATION:

A. Why are revisions to state programs necessary?

    States that have received final authorization from EPA under RCRA
Section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste
program that is equivalent to, consistent with, and no less stringent
than the federal program. As the federal program changes, states must
change their programs and request EPA to authorize the changes. Changes
to state programs may be necessary when federal or state statutory or
regulatory authority is modified or when certain other changes occur.
Most commonly, states must change their programs because of changes to
EPA's regulations in 40 Code of Federal Regulations (CFR) parts 124,
260 through 266, 268, 270, 273 and 279.
    New federal requirements and prohibitions imposed by federal
regulations that EPA promulgated pursuant to the Hazardous and Solid
Waste Amendments of 1984 (HSWA) take effect in authorized states at the
same time they take effect in unauthorized states. Thus, EPA will
implement those requirements and prohibitions in Illinois, including
the issuance of new permits implementing those requirements, until the
State is granted authorization to do so.

B. What decisions have we made in this rule?

    On August 7, 2019, Illinois submitted a complete program revision
application seeking authorization of changes to its hazardous waste
program that correspond to certain federal rules promulgated between
July 20, 1993 and January 13, 2015. EPA concludes that Illinois'
application to revise its authorized program meets all the statutory
and regulatory requirements established under RCRA, as set forth in
RCRA section 3006(b), 42 U.S.C. 6926(b), and 40 CFR part 271.
Therefore, EPA proposes to grant Illinois final authorization to
operate its hazardous waste program with the changes described in the
authorization application, and as outlined below in Section G of this
document.
    Illinois has responsibility for permitting treatment, storage, and
disposal facilities within its borders and for carrying out the aspects
of the RCRA program described in its revised program application,
subject to the limitations of HSWA, as discussed above.

C. What will be the effect if Illinois is authorized for these changes?

    If Illinois is authorized for the changes described in Illinois'
authorization application, these changes will become a part of the
authorized state hazardous waste program and will therefore be
federally enforceable. Illinois will continue to have primary
enforcement authority and responsibility for its state hazardous waste
program. EPA would maintain its authorities under RCRA sections 3007,
3008, 3013, and 7003, including its authority to:

     Conduct inspections, and require monitoring, tests,
analyses, and reports;
     Enforce RCRA requirements, including authorized state
program requirements, and suspend or revoke permits; and
     Take enforcement actions regardless of whether the State
has taken its own actions.
    This action will not impose additional requirements on the
regulated community because the regulations for which EPA is proposing
to authorize Illinois are already effective under state law and are not
changed by today's proposed action.

D. What happens if EPA receives adverse comments on this action?

    If EPA receives comments on this proposed action, we will address
all such comments in a later final rule. You may not have another
opportunity to comment. If you want to comment on this authorization,
you should do so at this time.

E. What has Illinois previously been authorized for?

    Illinois initially received Final Authorization on October 16,
1986, effective October 30, 1986 (51 FR 36804), to implement the RCRA
hazardous waste management program. EPA granted authorization for
changes to Illinois' program on the following dates: March 5, 1988 (53
FR 126, January 5, 1988); April 30, 1990 (55 FR 7320, March 1, 1990);
June 3, 1991 (56 FR 13595, April 3, 1991); August 15, 1994 (59 FR
30525, June 14, 1994); May 14, 1996, (61 FR 10684, March 15, 1996);
October 4, 1996 (61 FR 40520, August 5, 1996); and on March 10, 2017
(82 FR 13256, March 10, 2017).

F. What changes are we proposing with today's action?

    On August 22, 2019, Illinois submitted a final complete program
revision application, seeking authorization of changes to its hazardous
waste management program in accordance with 40 CFR 271.21. EPA proposes
to determine, subject to receipt of written comments that oppose this
action, that Illinois' hazardous waste program revisions are equivalent
to, consistent with, and no less stringent than the federal program,
and therefore satisfy all the requirements necessary to qualify for
final authorization. Therefore, EPA is proposing to authorize Illinois
for the following program changes:

                             Table 1--Illinois' Analogs to the Federal Requirements
----------------------------------------------------------------------------------------------------------------
                                                                                Analogous state
                                     Description of federal     Federal Register and     authority: Subtitle G:
          Rule checklist                  requirement                   date             Waste Disposal, 35 Ill.
                                                                                Adm. Code (IAC)
----------------------------------------------------------------------------------------------------------------
125..............................  Requirements for           58 FR 38816, July 20,     720.111, 726.204,
                                    Preparation, Adoption,     1993.                     726.206, 726 Appendix J
                                    and Submittal of                                     (repealed).
                                    Implementation Plans.
126, 126.1.......................  Testing and Monitoring     58 FR 46040, August 31,   702.104, 703.205,
                                    Activities.                1993, as amended          703.223, 703.232,
                                                               September 19, 1994 at     720.111, 721.122,
                                                               59 FR 47980.              721.124, 721 Appendices
                                                                                B and C, 721 Appendix J
                                                                                (repealed), 724.290,
                                                                                724.414, 728.107,
                                                                                728.140, 728 Appendices
                                                                                A and I.
127..............................  Burning of Hazardous       58 FR 59598, November 9,  726.212, 726 Appendix L.
                                    Waste in Boilers and       1993.
                                    Industrial Furnaces.
128..............................  Hazardous Waste            59 FR 00458, January 4,   720.111, 721 Appendix H.
                                    Management System;         1994.
                                    Identification and
                                    Listing of Hazardous
                                    Waste; Wastes from Wood
                                    Surface Protection.
129..............................  Hazardous Waste            59 FR 08362, February     721.104.
                                    Management System;         18, 1994.
                                    Identification and
                                    Listing of Hazardous
                                    Waste; Treatability
                                    Studies Sample Exclusion.
130..............................  Hazardous Waste            59 FR 10550, March 4,     739.100, 739.110,
                                    Identification and         1994.                     739.120, 739.141,
                                    Listing of Hazardous                                 739.144, 739.146,
                                    Waste; Recycled Used Oil                             739.153, 739.163.
                                    Management Standards.
131..............................  Recordkeeping              59 FR 13891, March 24,    724 Appendix A, 725
                                    Instructions.              1994.                     Appendix A.
132..............................  Hazardous Waste            59 FR 28484, June 2,      720.111.
                                    Management System;         1994.
                                    Identification and
                                    Listing of Hazardous
                                    Waste; Wastes from Wood
                                    Surface Protection;
                                    Correction.
133..............................  Standards Applicable to    59 FR 29958, June 10,     724.251.
                                    Owners and Operators of    1994.
                                    Hazardous Waste
                                    Treatment, Storage, and
                                    Disposal Facilities,
                                    Underground Storage
                                    Tanks, and Underground
                                    Injection Control
                                    Systems; Financial
                                    Assurance; Letter of
                                    Credit.
134..............................  Hazardous Waste            59 FR 31551, June 20,     721.133, 721 Appendix G,
                                    Management System;         1994.                     728.142.
                                    Correction of Listing of
                                    P015--Beryllium Powder.
135..............................  Identification and         59 FR 38536, July 28,     721.103, 721.104,
                                    Listing of Hazardous       1994.                     721.106, 726.200.
                                    Waste; Amendments to
                                    Definition of Solid
                                    Waste.
136..............................  Standards for the          59 FR 43496, August 24,   726.120, 728.141.
                                    Management of Specific     1994.
                                    Hazardous Wastes;
                                    Amendment to Subpart C--
                                    Recyclable Materials
                                    Used in a Manner
                                    Constituting Disposal;
                                    Final Rule.
137, 137.1.......................  Land Disposal              59 FR 47982. September    720.130, 720.131,
                                    Restrictions Phase II--    19, 1994, as amended      720.132, 720.133,
                                    Universal Treatment        January 3, 1995, at 60    721.102, 724.101,
                                    Standards, and Treatment   FR 242.                   725.101, 726.123,
                                    Standards for Organic                                726.200, 726 Appendix
                                    Toxicity Characteristic                              M, 728.101, 728.102,
                                    Wastes and Newly Listed                              728.107, 728.109,
                                    Waste.                                               728.138, 728.140,
                                                                                728.141, 728.142,
                                                                                728.143, 728.145,
                                                                                728.146, 728.148, 728
                                                                                Appendix D.
139..............................  Hazardous Waste            60 FR 03089, January 3,   720.111.
                                    Management System;         1995.
                                    Testing and Monitoring
                                    Activities--Amendment 1.
140, 140.1, 140.2................  Hazardous Waste            60 FR 07824, February 9,  721.103, 721.132,
                                    Management System;         1995, as amended April    721.133, 721 Appendices
                                    Carbamate Production       17, 1995 at 60 FR         G and H.
                                    Identification and         19165; and May 12,
                                    Listing of Hazardous       1995, at 60 FR 25619.
                                    Waste; and CERCLA
                                    Hazardous Substance
                                    Designation and
                                    Reportable Quantities.
141..............................  Hazardous Waste            60 FR 17001, April 4,     721.111.
                                    Management System;         1995.
                                    Testing and Monitoring
                                    Activities--Amendment 2.
144..............................  Solid Waste, Hazardous     60 FR 33912, June 29,     702.110, 702.120,
                                    Waste, Oil Discharge,      1995.                     721.131, 726.203,
                                    and Superfund Programs;                              726.204.
                                    Removal of Legally
                                    Obsolete Rules.
145..............................  Hazardous Waste            60 FR 35703, July 11,     724.414, 725.414.
                                    Management: Liquids in     1995.
                                    Landfills.
151, 151.1, 151.2, 151.3, 151.4,   Land Disposal              61 FR 15566, April 8,     728.101, 728.102,
 151.5, 151.6.                      Restrictions Phase III--   1996; as amended April    728.103, 728.107,
                                    Decharacterized            8, 1996, at 61 FR         728.108 (repealed).
                                    Wastewaters, Carbamate     15660; April 30, 1996     728.109, 728.139,
                                    Wastes, and Spent          at 61 FR 19117; June      728.140, 728.142,
                                    Potliners.                 28, 1996, at 61 FR        728.144, 728.148, 728
                                                               33680; July 10, 1996,     Appendix K.
                                                               at 61 FR 36419; August
                                                               26, 1996, at 61 FR
                                                               43924; and February 19,
                                                               1997, at 62 FR 7502.
153..............................  Criteria for               61 FR 34252, July 1,      722.114.
                                    Classification of Solid    1996.
                                    Waste Disposal
                                    Facilities and
                                    Practices;
                                    Identification and
                                    Listing of Hazardous
                                    Waste; Requirements for
                                    Authorization of State
                                    Hazardous Waste Programs.

156..............................  Military Munitions Rule:   62 FR 06622, February     703.121, 703.280,
                                    Hazardous Waste            12, 1997.                 720.110, 721.102,
                                    Identification and                                   722,110, 722.120,
                                    Management; Explosives                               723.110, 724.101,
                                    Emergencies; Manifest                                724.170, 724.1200,
                                    Exemption for Transport                              724.1201, 724.1202,
                                    of Hazardous Waste on                                725.101, 725.170,
                                    Right-of-Ways on                                     725.1200, 725.1202,
                                    Contiguous Properties.                               726.300, 726.301,
                                                                                726.302, 726.303,
                                                                                726.304, 726.305,
                                                                                726.306.
159..............................  Hazardous Waste            62 FR 32974, June 17,     721.132, 721.133, 721
                                    Management System;         1997.                     Appendices G and H,
                                    Carbamate Production,                                728.139, 728.140.
                                    Identification and
                                    Listing of Hazardous
                                    Waste; Land Disposal
                                    Restrictions.
161..............................  Second Emergency Revision  62 FR 45568, August 28,   728.140, 728.148.
                                    of the Land Disposal       1998.
                                    Restrictions (LDR)
                                    Treatment Standards for
                                    Listed Hazardous Wastes
                                    from Carbamate
                                    Production.
166, 166.1.......................  Recycled Used Oil          63 FR 24963, May 6,       721.106, 722.113,
                                    Management Standards;      1998, as amended July     739.110, 739.122,
                                    Technical Correction and   14, 1998, at 63 FR        739.145, 739.154,
                                    Clarification.             37780.                    739.164, 739.174.
167A.............................  Land Disposal              63 FR 28556, May 26,      728.102, 728.103,
                                    Restrictions Phase IV--    1998.                     728.134, 728.140,
                                    Treatment Standards for                              728.148.
                                    Metal Wastes and Mineral
                                    Processing Wastes.
167B.............................  Land Disposal              63 FR 28556, May 26,      728.102, 728.107,
                                    Restrictions Phase IV--    1998.                     728.144, 728.149.
                                    Hazardous Soils
                                    Treatment Standards and
                                    Exclusions.
167C, 167C.1.....................  Land Disposal              63 FR 28556, May 26,      728.104, 728.107,
                                    Restrictions Phase IV--    1998.                     728.140, 728.142,
                                    Corrections.                                         728.145, 728.148, 728
                                                                                Appendices G and H.
167D.............................  Mineral Processing         63 FR 28556, May 26,      721.102, 721.104.
                                    Secondary Materials        1998.
                                    Exclusion.
167E.............................  Bevill Exclusion           63 FR 28556, May 26,      721.103, 721.104.
                                    Revisions and              1998.
                                    Clarification.
167F.............................  Exclusion of Recycled      63 FR 28556, May 26,      721.104.
                                    Wood Preserving            1998.
                                    Wastewaters.
169..............................  Petroleum Refining         63 FR 42110, August 6,    721.103, 721.104,
                                    Process.                   1998.                     721.106, 721.131,
                                                                                721.132, 721 Appendix
                                                                                G, 726.200, 728.135,
                                                                                728.140.
170..............................  Land Disposal              63 FR 46332, August 31,   728.140.
                                    Restrictions--Phase IV.    1998.
171..............................  Emergency Provisions of    63 FR 47409, September    728.140, 728.148.
                                    the Land Disposal          4, 1998.
                                    Restrictions (LDR)
                                    Treatment Standards for
                                    Listed Hazardous Wastes
                                    from Carbamate
                                    Production.
174..............................  Standards Applicable to    63 FR 56710, October 22,  703.121, 703.161,
                                    Owners and Operators of    1998.                     703.182, 703.214,
                                    Closed/Closing                                       724.190, 724.210,
                                    Facilities.                                          724.212, 724.218,
                                                                                724.240, 725.190,
                                                                                725.210, 725.212,
                                                                                725.218, 725.221,
                                                                                725.240.
175..............................  Hazardous Remediation      63 FR 65874, November     702.110, 702.126,
                                    Waste Management           30, 1998.                 703.157, 703.234,
                                    Requirements (HWIR-                                  703.300, 703.301,
                                    Media).                                              703.302, 703.303,
                                                                                703.304, 703.305,
                                                                                703.306, 703 Appendix
                                                                                A, 720.110, 721.104,
                                                                                724.101, 724.173,
                                                                                724.201, 724.652,
                                                                                724.653, 724.654,
                                                                                725.101, 728.102,
                                                                                728.150.
178..............................  Petroleum Refining         64 FR 06806, February     721.104.
                                    Process Wastes.            11, 1999.
179..............................  Land Disposal              64 FR 25408, May 11,      721.102, 721.104,
                                    Restrictions Phase IV--    1999.                     722.134, 728.102,
                                    Technical Corrections                                728.107, 728.109,
                                    and Clarifications to                                728.140, 728.148,
                                    Treatment Standards.                                 728.149.
183..............................  Land Disposal              64 FR 56469, October 20,  721.132, 722.134.
                                    Restrictions Phase IV--    1999.                     728.107, 728.140,
                                    Technical Corrections.                               728.149.
187..............................  Organobromine Production   65 FR 36365, June 8,      721.131, 728 Appendix G.
                                    Waste and Petroleum        2000.
                                    Refining Process Waste:
                                    Technical Correction.
192A.............................  Mixture and Derived-From   66 FR 27266, May 16,      721.103.
                                    Rules Revisions.           2001.
192B.............................  Land Disposal              66 FR 27266, May 16,      728 Appendix G.
                                    Restrictions Correction.   2001.
194..............................  Correction to the          66 FR 50332, October 3,   721.103.
                                    Hazardous Waste            2001.
                                    Identification Rule
                                    (HWIR): Revisions to the
                                    Mixture and Derived-From
                                    Rules.
195, 195.1.......................  Inorganic Chemical         66 FR 58258, November     721.104, 721.132, 721
                                    Manufacturing Wastes       20, 2001, as amended      Appendix G, 728.136,
                                    Identification and         April 9, 2002, at 67 FR   728.140.
                                    Listing.                   17119.
196..............................  CAMU Amendments..........  67 FR 02962, January 22,  720.110, 724.650,
                                                               2002.                     724.651, 724.652.
199..............................  Vacatur of Mineral         67 FR 11251, March 13,    721.102, 721.104,
                                    Processing Spent           2002.                     721.124.
                                    Materials Being
                                    Reclaimed as Solid
                                    Wastes and TCLP Use with
                                    MGP Waste.
206, 206.1.......................  Non-wastewaters from Dyes  70 FR 09138, February     721.104, 721.132, 721
                                    and Pigments.              24, 2005, as amended      Appendices G and H,
                                                               June 13, 2005, at 70 FR   728.120, 728.140,
                                                               35032.                    728.148.

214..............................  CFR Corrections Rule I...  71 FR 40254, July 14,     702.101, 702.110,
                                                               2006.                     702.122, 702.123,
                                                                                702.124, 702.126,
                                                                                702.163, 703.153,
                                                                                703.180, 703.181,
                                                                                703.184, 703.186,
                                                                                703.203, 703.204,
                                                                                703.206, 703.212,
                                                                                703.273, 703 Appendix
                                                                                A, 720.110, 720.122,
                                                                                720.140, 720.141,
                                                                                721.102, 721.103,
                                                                                721.104, 721.106,
                                                                                721.121, 721.124,
                                                                                721.131, 721.132,
                                                                                721.133, 721.138, 721
                                                                                Appendices G and H,
                                                                                722.134, 722.153,
                                                                                722.156, 722.170,
                                                                                722.181, 722.182,
                                                                                722.183, 722.184,
                                                                                722.187, 724.101,
                                                                                724.113, 724.117,
                                                                                724.118, 724.197,
                                                                                724.198, 724.199,
                                                                                724.201, 724.211,
                                                                                724.212, 724.215,
                                                                                724.216, 724.218,
                                                                                724.219, 724.240,
                                                                                724.242, 724.243,
                                                                                724.245, 724.247,
                                                                                724.251, 724.275,
                                                                                724.293, 724.321,
                                                                                724.323, 724.326,
                                                                                724.351, 724.352,
                                                                                724.359, 724.380,
                                                                                724.383, 724.401,
                                                                                724.402, 724.404,
                                                                                724.414, 724.417,
                                                                                724.444, 724.652,
                                                                                724.653, 724.654,
                                                                                724.655, 724.673,
                                                                                724.700, 724.701,
                                                                                724.930, 724.933,
                                                                                724.934, 724.935,
                                                                                724.950, 724.958,
                                                                                724.964, 724.980,
                                                                                724.990, 724.1101,
                                                                                724.1102, 724 Appendix
                                                                                A, 725.101, 725.112,
                                                                                725.114, 725.116,
                                                                                725.119, 725.156,
                                                                                725.190, 725.211,
                                                                                725.212, 725.213,
                                                                                725.217, 725.219,
                                                                                725.240, 724.242,
                                                                                725.245, 725.247,
                                                                                725.274, 725.293,
                                                                                725.294, 725.297,
                                                                                725.301, 725.321,
                                                                                725.324, 725.328,
                                                                                725.329, 725.355,
                                                                                725.359, 725.380,
                                                                                725.381, 725.401,
                                                                                725.402, 725.403,
                                                                                725.412, 725.414,
                                                                                725.416, 725.505,
                                                                                725.541, 725.543,
                                                                                725.545, 725.933,
                                                                                725.935, 725.963,
                                                                                725.980, 725.985,
                                                                                725.987, 725.990,
                                                                                725.1100, 725.1101, 725
                                                                                Appendices A, E, and F,
                                                                                726.106, 726.170,
                                                                                726.180, 726.200,
                                                                                726.202, 726.203,
                                                                                726.209, 726 Appendices
                                                                                C, D, E, F, H, I, and
                                                                                M, 727.240, 728.102,
                                                                                728.104, 728.106,
                                                                                728.107, 728.114,
                                                                                728.140, 728.142,
                                                                                728.144, 728.145,
                                                                                728.149, 728.150, 728
                                                                                Appendix H, 733.109,
                                                                                733.113, 733.114,
                                                                                733.134, 739.101,
                                                                                739.110, 739.111,
                                                                                739.143, 739.144,
                                                                                739.145, 739.152,
                                                                                739.155, 739.156,
                                                                                739.157, 739.159,
                                                                                739.163, 739.164,
                                                                                739.170.
220..............................  Academic Laboratories      73 FR 72912, December 1,  722.110, 722.113,
                                    Generator Standards,       2008.                     722.300, 722.301,
                                    Alternative for                                      722.302, 722.303,
                                    Hazardous Determination                              722.304, 722.305,
                                    and Accumulation.                                    722.306, 722.307,
                                                                                722.308, 722.309,
                                                                                722.310, 722.311,
                                                                                722.312, 722.313,
                                                                                722.314, 722.315,
                                                                                722.316.
226..............................  Technical Corrections to   75 FR 79304, December     722.300, 722.306,
                                    the Generator Standards    20, 2010.                 722.314, 726.312.
                                    for Academic
                                    Laboratories.
233A.............................  Revisions to the           80 FR 1694, January 13,   720.131, 720.133,
                                    Definition of Solid        2015.                     720.142.
                                    Waste.
233B.............................  Revisions to the           80 FR 1694, January 13,   720.110, 720.143,
                                    Definition of Solid        2015.                     721.102.
                                    Waste.
233C.............................  Revisions to the           80 FR 1694, January 13,   721.101.
                                    Definition of Solid        2015.
                                    Waste.
233D1............................  Revisions to the           80 FR 1694, January 13,   720.110, 720.130,
                                    Definition of Solid        2015.                     720.131, 720.134,
                                    Waste.                                               721.101, 721.102,
                                                                                721.104, 721.500,
                                                                                721.510, 721.511,
                                                                                721.520.
233E.............................  Revisions to the           80 FR 1694, January 13,   720.110, 721.102,
                                    Definition of Solid        2015.                     721.104, 721.270,
                                    Waste.                                               721.271, 721.272,
                                                                                721.273, 721.275,
                                                                                721.276, 721.277,
                                                                                721.279, 721.290,
                                                                                721.291, 721.293,
                                                                                721.294, 721.296,
                                                                                721.297, 721.298,
                                                                                721.299, 721.300,
                                                                                721.930, 721.931,
                                                                                721.933, 721.950,
                                                                                721.951, 721.980,
                                                                                721.981, 721.982,
                                                                                721.983, 721.986,
                                                                                721.989.
----------------------------------------------------------------------------------------------------------------

    Illinois' application included a statement signed by the Attorney
General's office on February 15, 2019, that certified, among other
things, that the provisions for which the State is seeking
authorization are contained in statutes and regulations lawfully
adopted and which were in effect at the time the statement was signed.

G. Where are the revised state rules different from the federal rules?

    When revised state rules differ from the federal rules in the RCRA
state authorization process, EPA determines whether the state rules are
equivalent to, more stringent than, or broader in scope than the
federal program. Pursuant to Section 3009 of RCRA, 42 U.S.C. 6929,
state programs may contain requirements that are more stringent than
the federal regulations. Such more stringent requirements can be
federally authorized and, once authorized, become federally
enforceable. Although the statute does not prevent states from adopting
regulations that are broader in scope than the federal program, states
cannot receive federal authorization for such regulations, and they are
not federally enforceable.

More Stringent Rules

    EPA considers the following state requirements to be more stringent
than the federal requirements:
     35 IAC 722.122 and 722.123(a)(4), because Illinois
requires more manifest copies than the federal rules. In 35 IAC
724.213(d)(3), Illinois adds requirements to the contingent corrective
measures plan found in 40 CFR 264.113(e)(4)(i).
     35 IAC 722.141, 724.175, and 725.175, because Illinois
requires an annual report instead of the biennial report required in 40
CFR 262.22, 264.75, and 265.75.
     35 IAC 724.156(i), because Illinois has added this
provision to facilitate state notification.
     35 IAC 725.245, because Illinois does not allow the
extension of time to submit the financial test and corporate guarantee
documents to the agency as federally allowed in 40 CFR 265.145(e)(4).
     35 IAC 725.414, because Illinois prohibits all liquids in
landfills; whereas the federal rules allow for exceptions in 40 CFR
265.314(f)(1) and (2).
     35 IAC Part 729, because Illinois prohibits disposal of
certain hazardous wastes in landfills. This part has no

directly equivalent federal part, but it is a counterpart of the land
ban regulations at 40 CFR part 268 and the landfill requirements at 40
CFR parts 264 and 265.
     35 IAC 728.106(e), because Illinois requires at least a
90-day notice when a facility wants to make changes to unit design;
whereas EPA in 40 CFR 268.6(e) only requires a 30-day notice.
     35 IAC 703.271(e), because Illinois adds some additional
cases where a permit must be modified.
    These requirements would become part of Illinois' authorized
program and would be federally enforceable.

Broader in Scope Rules

    EPA also considers the following state requirements to go beyond
the scope of the federal program:
     35 IAC 721.103(g), because Illinois does not allow the
exemption allowed in the federal rules at 40 CFR 261.3(g)(4), for
certain mixtures.
     35 IAC 739.146, because Illinois adds subsection (a)(6)
which covers special waste (35 IAC Part 808) not regulated in the RCRA
subtitle C program.
     35 IAC 739.146(a)(6), 739.156(a)(7), 739.165(a)(7), and
739.174(a)(7), because Illinois has added information requirements for
special wastes.
    Broader-in-scope requirements do not become part of the authorized
program and EPA cannot enforce them. Although regulated entities must
comply with these requirements in accordance with state law, they are
not RCRA requirements.

Nondelegable Rules

    EPA cannot authorize the federal requirements at 40 CFR 260.21,
268.5, 268.6, 268.42(b), and 268.44. Although Illinois has adopted
these requirements verbatim from the federal regulations at 35 IAC
720.121, 728.105, 728.106, 728.142(b), and 728.144, EPA would continue
to implement the federal requirements.

Universal Waste Lamps Rules Not Authorized

    Illinois allows Lamp Crushing under its current version of the
Universal Waste Rule (35 IAC 733.105, 733.113(d), 733.133(d), and
733.134(e)), and has not applied for authorization of the Universal
Waste Lamps Rule. In the future, EPA will determine whether to prohibit
crushing of lamps, or decide under what conditions lamp crushing may be
permitted. Until the issue is resolved, no state that allows crushing
may be authorized for the Universal Waste Lamps rule, and the Illinois
version of the Universal Waste Lamps Rule is not part of the Illinois
authorized program.

H. Who handles permits after the final authorization takes effect?

    When the final authorization takes effect, Illinois will issue
permits for all the provisions for which it is authorized and will
administer the permits it issues. EPA will continue to administer any
RCRA hazardous waste permits or portions of permits which EPA issues
prior to the effective date of the proposed authorization until they
expire or are terminated. EPA will not issue any new permits or new
portions of permits for the provisions listed in the Table above after
the effective date of the authorization. EPA will continue to implement
and issue permits for HSWA requirements for which Illinois is not yet
authorized. EPA has the authority to enforce state-issued permits after
the State is authorized.

I. How does proportionate share liability affect Illinois' RCRA
program?

    Illinois' RCRA authorities are not impacted by the proportionate
share liability (PSL) provision of the Illinois Environmental
Protection Act, 415 ILCS 5/58.9(a)(1). Section 58.9(a)(1) provides, in
pertinent part:
    Notwithstanding any other provisions of this Act to the contrary, .
. . in no event may the Agency, the State of Illinois, or any person
bring an action pursuant to this Act or the Groundwater Protection Act
to require any person to conduct remedial action or to seek recovery of
costs for remedial activity conducted by the State of Illinois or any
person beyond the remediation of releases of regulated substances that
may be attributed to being proximately caused by such person's act of
omission or beyond such person's proportionate degree of responsibility
for costs of the remedial action of releases of regulated substances
that were proximately caused or contributed to by 2 or more persons.
    Section 58.9 is part of Title XVII (Site Remediation Program) of
the Illinois Environmental Protection Act. Title XVII does not apply to
a particular site if ``. . . (ii) the site is a treatment, storage, or
disposal site for which a permit has been issued, or that is subject to
closure requirements under federal or state solid or hazardous waste
laws'' (415 ILCS 5/58.1(a)(2)(ii)). Hazardous waste treatment, storage,
and disposal facilities under Subtitle C of RCRA fall within the
exclusion at Section 58.1(a)(2)(ii). These facilities are subject to
closure and post-closure care requirements under the Act (415 ILCS 5/
22.17) and Illinois program rules that are identical in substance to
federal rules at 40 CFR part 264 (35 IAC 724). The Illinois Appellate
Court has held that the PSL does not apply to sites that are outside
the scope of Title XVII. People of the State of Illinois v. State Oil,
822 NE. 2d 876 (Ill. App. 2004). Therefore, the exclusion at Section
58.1(a)(2)(ii) renders Title XVII, including Section 58.9, inapplicable
to sites upon which RCRA regulated facilities are located. Based on
this exclusion, and as indicated by the Illinois Attorney General in
the Attorney General Statement included in the State's October 19, 2015
final program revision application, the PSL provision does not impact
the adequacy of Illinois' RCRA authorities.

J. What is codification and is EPA codifying Illinois' hazardous waste
program as authorized in this rule?

    Codification is the process of placing citations and references to
the state's statutes and regulations that comprise the state's
authorized hazardous waste program into the Code of Federal
Regulations. EPA does this by adding those citations and references to
the authorized state rules in 40 CFR part 272. EPA previously codified
Illinois' authorized program in effect as of June 3, 1991, at 40 CFR
part 272, subpart O (See 57 FR 3722, January 31, 1992). EPA is not
proposing to amend the codification of the authorization of Illinois'
changes at this time. However, EPA reserves the ability to amend 40 CFR
part 272, subpart O for the authorization of Illinois' program at a
later date.

K. Statutory and Executive Order Reviews

    The Office of Management and Budget (OMB) has exempted this action
from the requirements of Executive Order 12866 (58 FR 51735, October 4,
1993) and 13563 (76 FR 3821, January 21, 2011). This action proposes to
authorize state requirements for the purpose of RCRA section 3006 and
imposes no additional requirements beyond those imposed by state law.
Therefore, this action is not subject to review by OMB. This action is
not an Executive Order 13771 (82 FR 9339, February 3, 2017) regulatory
action because actions such as today's proposed authorization of
Illinois' revised hazardous waste program under RCRA are exempted under
Executive Order 12866. Accordingly, I certify that this action will not
have a significant economic impact on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
Because this action proposes to authorize 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). 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 proposes to authorize
state requirements as part of the state RCRA hazardous waste program
without altering the relationship or the distribution of power and
responsibilities established by RCRA. This action also is not subject
to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is
not economically significant, and it does not make decisions based on
environmental health or safety risks. This action is not subject to
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001) because it is not a significant regulatory action
under Executive Order 12866.
    Under RCRA section 3006(b), EPA grants a state's application for
authorization as long as the state meets the criteria required by RCRA.
It would thus be inconsistent with applicable law for EPA, when it
reviews a state authorization application, to require the use of any
particular voluntary consensus standard in place of another standard
that otherwise satisfies the requirements of RCRA. Thus, the
requirements of section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996),
in proposing this rule, EPA has taken the necessary steps to eliminate
drafting errors and ambiguity, minimize potential litigation, and
provide a clear legal standard for affected conduct. EPA has complied
with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining
the takings implications of this action in accordance with the
``Attorney General's Supplemental Guidelines for the Evaluation of Risk
and Avoidance of Unanticipated Takings'' issued under the executive
order. This action 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). 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 action proposes authorization of pre-
existing state rules which are at least equivalent to, and no less
stringent than existing federal requirements, and imposes no additional
requirements beyond those imposed by state law, and there are no
anticipated significant adverse human health or environmental effects,
this proposed rule is not subject to Executive Order 12898.

List of Subjects in 40 CFR Part 271

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

    Authority: This action is issued under the authority of Sections
2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act, as
amended, 42 U.S.C. 6912(a), 6926, 6974(b). Dated: July 9, 2020.

Kurt Thiede,
Regional Administrator, Region 5.
[FR Doc. 2020-15219 Filed 7-29-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 241 (Monday, December 16, 2019)]
[Rules and Regulations]
[Pages 68346-68348]
[FR Doc No: 2019-26956]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2019-0003; Internal Agency Docket No. FEMA-8609]

Suspension of Community Eligibility

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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

SUMMARY: This rule identifies communities where the sale of flood
insurance has been authorized under the National Flood Insurance
Program (NFIP) that are scheduled for suspension on the effective dates
listed within this rule because of noncompliance with the floodplain
management requirements of the program. If the Federal Emergency
Management Agency (FEMA) receives documentation that the community has
adopted the required floodplain management measures prior to the
effective suspension date given in this rule, the suspension will not
occur and a notice of this will be provided by publication in the
Federal Register on a subsequent date. Also, information identifying
the current participation status of a community can be obtained from
FEMA's Community Status Book (CSB). The CSB is available at https://www.fema.gov/national-flood-insurance-program-community-status-book.

DATES: The effective date of each community's scheduled suspension is
the third date (``Susp.'') listed in the third column of the following
tables.

FOR FURTHER INFORMATION CONTACT: If you want to determine whether a
particular community was suspended on the suspension date or for
further information, contact Adrienne L. Sheldon, PE, CFM, Federal
Insurance and Mitigation Administration, Federal Emergency Management
Agency, 400 C Street SW, Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase
Federal flood insurance that is not otherwise generally available from
private insurers. In return, communities agree to adopt and administer
local floodplain management measures aimed at protecting lives and new
construction from future flooding. Section 1315 of the National Flood
Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits the sale
of NFIP flood insurance unless an appropriate public body adopts
adequate floodplain management measures with effective enforcement
measures. The communities listed in this document no longer meet that
statutory requirement for compliance with program regulations, 44 CFR
part 59. Accordingly, the communities will be suspended on the
effective date in the third column. As of that date, flood insurance
will no longer be available in the community. We recognize that some of
these communities may adopt and submit the required documentation of
legally enforceable floodplain management measures after this rule is
published but prior to the actual suspension date. These communities
will not be suspended and will continue to be eligible for the sale of
NFIP flood insurance. A notice withdrawing the suspension of such
communities will be published in the Federal Register.
    In addition, FEMA publishes a Flood Insurance Rate Map (FIRM) that
identifies the Special Flood Hazard Areas (SFHAs) in these communities.
The date of the FIRM, if one has been published, is indicated in the
fourth column of the table. No direct Federal financial assistance
(except assistance pursuant to the Robert T. Stafford Disaster Relief
and Emergency Assistance Act not in connection with a flood) may be
provided for construction or acquisition of buildings in identified
SFHAs for communities not participating in the NFIP and identified for
more than a year on FEMA's initial FIRM for the community as having
flood-prone areas (section 202(a) of the Flood Disaster Protection Act
of 1973, 42 U.S.C. 4106(a), as amended). This prohibition against
certain types of Federal assistance becomes effective for the
communities listed on the date shown in the last column. The
Administrator finds that notice and public comment procedures under 5
U.S.C. 553(b), are impracticable and unnecessary because communities
listed in this final rule have been adequately notified.
    Each community receives 6-month, 90-day, and 30-day notification
letters addressed to the Chief Executive Officer stating that the
community will be suspended unless the required floodplain management
measures are met prior to the effective suspension date. Since these
notifications were made, this final rule may take effect within less
than 30 days.
    National Environmental Policy Act. FEMA has determined that the
community suspension(s) included in this rule is a non-discretionary
action and therefore the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) does not apply.
    Regulatory Flexibility Act. The Administrator has determined that
this rule is exempt from the requirements of the Regulatory Flexibility
Act because the National Flood Insurance Act of 1968, as amended,
Section 1315, 42 U.S.C. 4022, prohibits flood insurance coverage unless
an appropriate public body adopts adequate floodplain management
measures with effective enforcement measures. The communities listed no
longer comply with the statutory requirements, and after the effective
date, flood insurance will no longer be available in the

communities unless remedial action takes place.
    Regulatory Classification. This final rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
    Executive Order 13132, Federalism. This rule involves no policies
that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This rule meets the
applicable standards of Executive Order 12988.
    Paperwork Reduction Act. This rule does not involve any collection
of information for purposes of the Paperwork Reduction Act, 44 U.S.C.
3501 et seq.

List of Subjects in 44 CFR Part 64

    Flood insurance, Floodplains.

    Accordingly, 44 CFR part 64 is amended as follows:

PART 64--[AMENDED]

0
1. The authority citation for Part 64 continues to read as follows:

    Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp.; p. 376.

Sec.  64.6  [Amended]

0
2. The tables published under the authority of Sec.  64.6 are amended
as follows:

----------------------------------------------------------------------------------------------------------------
                                                 Effective date
                                                 authorization/
                                   Community    cancellation of    Current effective map   Date certain  Federal
       State and location             No.        sale of flood             date           assist- ance no longer
                                                  insurance in                              available in  SFHAs
                                                   community
----------------------------------------------------------------------------------------------------------------
            Region V
Minnesota: Halstad, City of,           270324  February 5, 1975,  Dec. 20, 2019.          Dec. 20, 2019.
 Norman County.                                 Emerg; June 15,
                                                1979, Reg;
                                                December 20,
                                                2019, Susp.
           Region VI
Texas:
    Aransas County,                    485452  June 19, 1970,     ......do*.............   Do.
     Unincorporated Areas.                      Emerg; August 6,
                                                1971, Reg;
                                                December 20,
                                                2019, Susp.
    Austin, City of, Hays,             480624  May 9, 1975,       ......do..............   Do.
     Travis and Williamson                      Emerg; September
     Counties.                                  2, 1981, Reg;
                                                December 20,
                                                2019, Susp.
    Leroy, City of, McLennan           481314  N/A, Emerg;        ......do..............   Do
     County.                                    January 30,
                                                1980, Reg;
                                                December 20,
                                                2019, Susp.
    Mount Calm, City of, Hill          480863  March 16, 2010,    ......do..............   Do.
     County.                                    Emerg; June 2,
                                                2011, Reg;
                                                December 20,
                                                2019, Susp.
    Taylor, City of, Williamson        480670  November 7, 1974,  ......do..............   Do.
     County.                                    Emerg; March 1,
                                                1982, Reg;
                                                December 20,
                                                2019, Susp.
    Weir, City of, Williamson          481674  N/A, Emerg; April  ......do..............   Do.
     County.                                    19, 1996, Reg;
                                                December 20,
                                                2019, Susp.
    West, City of, McLennan            480931  N/A, Emerg; June   ......do..............   Do.
     County.                                    4, 2015, Reg;
                                                December 20,
                                                2019, Susp.
           Region VII
Iowa:
    Atkins, City of, Benton            190548  N/A, Emerg; June   ......do..............   Do.
     County.                                    18, 2010, Reg;
                                                December 20,
                                                2019, Susp.
    Beaman, City of, Grundy            190400  July 27, 2005,     ......do..............   Do.
     County.                                    Emerg; October
                                                19, 2005, Reg;
                                                December 20,
                                                2019, Susp.
    Belle Plaine, City of,             190015  May 9, 1975,       ......do..............   Do.
     Benton County.                             Emerg; August 1,
                                                1986, Reg;
                                                December 20,
                                                2019, Susp.
    Benton County,                     190845  N/A, Emerg;        ......do..............   Do.
     Unincorporated Areas.                      September 10,
                                                2008, Reg;
                                                December 20,
                                                2019, Susp.
    Blairstown, City of, Benton        190320  October 30, 2007,  ......do..............   Do.
     County.                                    Emerg; June 3,
                                                2008, Reg;
                                                December 20,
                                                2019, Susp.
    Conrad, City of, Grundy            190401  N/A, Emerg; March  ......do..............   Do.
     County.                                    30, 2009, Reg;
                                                December 20,
                                                2019, Susp.
    Dike, City of, Grundy              190402  August 17, 1976,   ......do..............   Do.
     County.                                    Emerg; August
                                                19, 1986, Reg;
                                                December 20,
                                                2019, Susp.
    Ellsworth, City of,                190136  December 29,       ......do..............   Do.
     Hamilton County.                           1975, Emerg;
                                                August 1, 1987,
                                                Reg; December
                                                20, 2019, Susp.
    Garrison, City of, Benton          190321  December 12,       ......do..............   Do.
     County.                                    2007, Emerg;
                                                June 3, 2008,
                                                Reg; December
                                                20, 2019, Susp.
    Grundy Center, City of,            190403  August 15, 2005,   ......do..............   Do.
     Grundy County.                             Emerg; October
                                                19, 2005, Reg;
                                                December 20,
                                                2019, Susp.
    Grundy County,                     190870  N/A, Emerg; April  ......do..............   Do.
     Unincorporated Areas.                      21, 2006, Reg;
                                                December 20,
                                                2019, Susp.
    Holland, City of, Grundy           190404  November 7, 1979,  ......do..............   Do.
     County.                                    Emerg; July 17,
                                                1986, Reg;
                                                December 20,
                                                2019, Susp.
    Jewell, City of, Hamilton          190600  September 18,      ......do..............   Do.
     County.                                    1996, Emerg;
                                                March 1, 2001,
                                                Reg; December
                                                20, 2019, Susp.
    Kamrar, City of, Hamilton          190406  N/A, Emerg;        ......do..............   Do.
     County.                                    December 6,
                                                2005, Reg;
                                                December 20,
                                                2019, Susp.
    Morrison, City of, Grundy          190953  N/A, Emerg;        ......do..............   Do.
     County.                                    October 31,
                                                2005, Reg;
                                                December 20,
                                                2019, Susp.
    Newhall, City of, Benton           190626  N/A, Emerg;        ......do..............   Do.
     County.                                    August 4, 2011,
                                                Reg; December
                                                20, 2019, Susp.
    Norway, City of, Benton            190632  January 21, 1994,  ......do..............   Do.
     County.                                    Emerg; March 1,
                                                1997, Reg;
                                                December 20,
                                                2019, Susp.

    Reinbeck, City of, Grundy          190646  N/A, Emerg;        ......do..............   Do.
     County.                                    January 29,
                                                2008, Reg;
                                                December 20,
                                                2019, Susp.
    Shellsburg, City of, Benton        190319  September 2,       ......do..............   Do.
     County.                                    1993, Emerg;
                                                September 3,
                                                1997, Reg;
                                                December 20,
                                                2019, Susp.
    Urbana, City of, Benton            190672  N/A, Emerg;        ......do..............   Do.
     County.                                    September 12,
                                                2011, Reg;
                                                December 20,
                                                2019, Susp.
    Vinton, City of, Benton            190016  July 18, 1974,     ......do..............   Do.
     County.                                    Emerg; March 2,
                                                1981, Reg;
                                                December 20,
                                                2019, Susp.
    Webster City, City of,             190137  August 23, 1974,   ......do..............   Do.
     Hamilton County.                           Emerg; August 1,
                                                1978, Reg;
                                                December 20,
                                                2019, Susp.
    Wellsburg, City of, Grundy         190680  N/A, Emerg; April  ......do..............   Do.
     County.                                    21, 2006, Reg;
                                                December 20,
                                                2019, Susp.
          Region VIII
Colorado:
    Arvada, City of, Adams and         085072  April 30, 1971,    ......do..............   Do.
     Jefferson Counties.                        Emerg; June 23,
                                                1972, Reg;
                                                December 20,
                                                2019, Susp.
    Clear Creek County,                080034  November 27,       ......do..............   Do.
     Unincorporated Areas.                      1973, Emerg;
                                                March 11, 1980,
                                                Reg; December
                                                20, 2019, Susp.
    Georgetown, Town of, Clear         080035  April 9, 1974,     ......do..............   Do.
     Creek County.                              Emerg; June 5,
                                                1989, Reg;
                                                December 20,
                                                2019, Susp.
    Golden, City of, Jefferson         080090  June 19, 1975,     ......do..............   Do.
     County.                                    Emerg; May 15,
                                                1985, Reg;
                                                December 20,
                                                2019, Susp.
    Idaho Springs, City of,            080036  December 4, 1973,  ......do..............   Do.
     Clear Creek County.                        Emerg; November
                                                15, 1978, Reg;
                                                December 20,
                                                2019, Susp.
    Jefferson County,                  080087  July 5, 1973,      ......do..............   Do.
     Unincorporated Areas.                      Emerg; August 5,
                                                1986, Reg;
                                                December 20,
                                                2019, Susp.
           Region IX
California:
    Carlsbad, City of, San             060285  July 2, 1975,      ......do..............   Do.
     Diego County.                              Emerg; June 14,
                                                1977, Reg;
                                                December 20,
                                                2019, Susp.
    Chula Vista, City of, San          065021  January 29, 1971,  ......do..............   Do.
     Diego County.                              Emerg; August
                                                15, 1983, Reg;
                                                December 20,
                                                2019, Susp.
    Coronado, City of, San             060287  February 22,       ......do..............   Do.
     Diego County.                              1974, Emerg;
                                                June 1, 1982,
                                                Reg; December
                                                20, 2019, Susp.
    Del Mar, City of, San Diego        060288  May 19, 1975,      ......do..............   Do.
     County.                                    Emerg; August
                                                15, 1983, Reg;
                                                December 20,
                                                2019, Susp.
    Encinitas, City of, San            060726  October 22, 1987,  ......do..............   Do.
     Diego County.                              Emerg; July 15,
                                                1988, Reg;
                                                December 20,
                                                2019, Susp.
    National City, City of, San        060293  January 28, 1972,  ......do..............   Do.
     Diego County.                              Emerg; February
                                                15, 1979, Reg;
                                                December 20,
                                                2019, Susp.
    Oceanside, City of, San            060294  June 30, 1975,     ......do..............   Do.
     Diego County.                              Emerg; September
                                                5, 1984, Reg;
                                                December 20,
                                                2019, Susp.
----------------------------------------------------------------------------------------------------------------
*......do =Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.

    Dated: December 10, 2019.
Eric Letvin,
Deputy Assistant Administrator for Mitigation, Federal Insurance and
Mitigation Administration--FEMA Resilience, Department of Homeland
Security, Federal Emergency Management Agency.
[FR Doc. 2019-26956 Filed 12-13-19; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 77, Number 22 (Thursday, February 2, 2012)]
[Rules and Regulations]
[Pages 5167-5168]
[FR Doc No: 2012-1130]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0691; Directorate Identifier 2011-NE-26-AD;
Amendment 39-16909; AD 71-13-01R1]
RIN 2120-AA64

Airworthiness Directives; Lycoming Engines Reciprocating Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; rescission.

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

SUMMARY: We are rescinding an airworthiness directive (AD) for Lycoming
Engines model TIO-540-A series reciprocating engines. The existing AD,
AD 71-13-01, was prompted by a report of a failed fuel injector tube
assembly. Since we issued AD 71-13-01, we became aware that Lycoming
Engines no longer supports Service Bulletin (SB) No. 335A, which was
incorporated by reference in AD 71-13-01. The intent of the
requirements of that SB is now in Lycoming Engines Mandatory SB No.
342F, which we have incorporated by reference into AD 2008-14-07. The
FAA determined, therefore, that this requirement is duplicated by
another AD.

DATES: This AD is effective March 8, 2012.

ADDRESSES: For service information identified in this AD, contact
Lycoming, 652 Oliver Street, Williamsport, PA 17701; phone: (570) 323-
6181; fax:<PHONE_NUMBER>; Web site: www.lycoming.com. You may review
copies of the referenced service information at the FAA, Engine &
Propeller Directorate, 12 New England Executive Park, Burlington, MA.
For information on the availability of this material at the FAA, call
(781) 238-7125.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (phone:<PHONE_NUMBER>) is Document Management Facility,
U.S. Department of Transportation, Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE.,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Norm Perenson, Aerospace Engineer, New
York Aircraft Certification Office, FAA, Engine & Propeller
Directorate, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone:
(516) 228-7337; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to rescind an AD that would apply to the specified products.
That NPRM published in the Federal Register on July 19, 2011 (76 FR
42609). That NPRM proposed to rescind AD 71-13-01 (Amendment number is
39-1231; 36 FR 11512-03, June 15, 1971) for Lycoming Engines model TIO-
540-A series reciprocating engines. That AD requires a one-time visual
inspection of external fuel injector lines on Lycoming Engines model
TIO-540-A series reciprocating engines for fuel stains, cracks, dents,
and bend radii under \5/8\ inch and, if necessary, removal from service
and replacement with serviceable parts. That AD also requires
installing, if necessary, fuel injector line support clamps in
accordance with Lycoming Engines SB No. 335 or later version of that
SB.
    Since we issued AD 71-13-01 (Amendment number is 39-1231; 36 FR
11512-03, June 15, 1971), Lycoming Engines has informed us that it no
longer supports SB No. 335A. They also pointed out that Lycoming
Engines Mandatory SB No. 342F, dated June 4, 2010, or the Instructions
for Continued Airworthiness section of the Engine Overhaul Manual is
the service information that owners, operators, and certificated repair
facilities must use for initial and repetitive visual inspections of
external fuel lines on all affected Lycoming Engines reciprocating
engines.
    We incorporated by reference Lycoming Engines Mandatory SB No.
342E, dated May 18, 2004, into AD 2008-14-07 (73 FR 39574, July 10,
2008). We will supersede AD 2008-14-07 to incorporate by reference
Lycoming Engines Mandatory SB No. 342F, dated June 4, 2010.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM (76 FR 42609, July 19,
2011).

Conclusion

    We reviewed the relevant data and determined that air safety and
the public interest require rescinding the AD as proposed.

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.

Regulatory Findings

    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 that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979),
    (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.

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 rescinding airworthiness directive
(AD) 71-13-01, Amendment 39-1231:

71-13-01R1 Lycoming Engines (formerly Textron Lycoming Division,
AVCO Corporation): Amendment 39-16909; Docket No. FAA-2011-0691;
Directorate Identifier 2011-NE-26-AD.

(a) Effective Date

    This AD is effective March 8, 2012.

(b) Affected ADs

    This AD rescinds AD 71-13-01, Amendment 39-1231.

(c) Applicability

    This AD applies to Lycoming Engines model TIO-540-A series
reciprocating engines, with serial numbers lower than 1931-61.

(d) Related Information

    For more information about this AD, contact Norm Perenson,
Aerospace Engineer, New York Aircraft Certification Office, FAA,
Engine & Propeller Directorate, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
(e) Material Incorporated by Reference

    None.

    Issued in Burlington, Massachusetts, on December 29, 2011.
Peter A. White,
Manager, Engine & Propeller Directorate, Aircraft Certification
Service.
[FR Doc. 2012-1130 Filed 2-1-12; 8:45 am]
BILLING CODE 4910-13-P