[Federal Register Volume 80, Number 132 (Friday, July 10, 2015)]
[Rules and Regulations]
[Pages 39675-39676]
[FR Doc No: 2015-16865]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Parts 11 and 101

[Docket No. FDA-2011-F-0172]
RIN 0910-AG57

Food Labeling; Nutrition Labeling of Standard Menu Items in
Restaurants and Similar Retail Food Establishments; Extension of
Compliance Date

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule; extension of compliance date.

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SUMMARY: The Food and Drug Administration (FDA or we) is extending the
compliance date for the final rule requiring disclosure of certain
nutrition information for standard menu items in certain restaurants
and retail food establishments. The final rule appeared in the Federal
Register of December 1, 2014. We are taking this action in response to
requests for an extension and for further clarification of the rule's
requirements.

DATES:
    Effective date: This final rule is effective December 1, 2015.
    Compliance date: Covered establishments must comply with the rule
published December 1, 2014 (79 FR 71156) by December 1, 2016.

FOR FURTHER INFORMATION CONTACT: Ashley Rulffes, Center for Food Safety
and Applied Nutrition (HFS-820), Food and Drug Administration, 5100
Paint Branch Pkwy., College Park, MD 20740,<PHONE_NUMBER>, email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    In the Federal Register of December 1, 2014 (79 FR 71156), we
published a final rule requiring disclosure of certain nutrition
information for standard menu items in certain restaurants and retail
food establishments. The final rule implements provisions of section
403(q)(5)(H) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
343(q)(5)(H)) and:
     Defines terms, including terms that describe criteria for
determining whether an establishment is subject to the rule;
     establishes which foods are subject to the nutrition
labeling requirements and which foods are not subject to these
requirements;
     requires that calories for standard menu items be declared
on menus and menu boards that list such foods for sale;
     requires that calories for standard menu items that are
self-service or on display be declared on signs adjacent to such foods;
     requires that written nutrition information for standard
menu items be available to consumers who ask to see it;
     requires, on menus and menu boards, a succinct statement
concerning suggested daily caloric intake (succinct statement),
designed to help the public understand the significance of the calorie
declarations;
     requires, on menus and menu boards, a statement regarding
the availability of the written nutrition information (statement of
availability);
     establishes requirements for determination of nutrient
content of standard menu items;
     establishes requirements for substantiation of nutrient
content determined for standard menu items, including requirements for
records that a covered establishment must make available to FDA within
a reasonable period of time upon request; and
     establishes terms and conditions under which restaurants
and similar retail food establishments not otherwise subject to the
rule could elect to be subject to the requirements by registering with
FDA.
    In the preamble to the final rule (79 FR 71156 at 71239 through
71241), we stated that the rule would be effective on December 1, 2015,
and also provided a compliance date of December 1, 2015, for covered
establishments. The final rule (at 21 CFR 101.11(a)) defines ``covered
establishment'' as a restaurant or similar retail food establishment
that is a part of a chain with 20 or more locations doing business
under the same name (regardless of the type of ownership, e.g.,
individual franchises) and offering for sale substantially the same
menu items, as well as a restaurant or similar retail food
establishment that is voluntarily registered to be covered under 21 CFR
101.11(d).

II. Extending the Compliance Date

    Since we published the final rule in the Federal Register, we have
received numerous requests asking us to further

interpret portions of the final rule or to respond to questions asking
whether specific practices would be acceptable for purposes of
complying with the rule. We issued a document in the Federal Register
(80 FR 13225, March 13, 2015) announcing the availability of a ``Small
Entity Compliance Guide'' for the rule, and are considering what
additional guidance might be helpful.
    Since February 2015, we have received four requests asking us to
extend the compliance date of the final rule based on concerns that
covered establishments do not have adequate time to fully implement the
requirements of the rule by the compliance date. These requests were
submitted by a large retailer and trade and other associations, and
they provide information regarding steps involved in implementation of
the requirements. More specifically, the requests describe steps
involved in developing software, information systems, and other
technologies for providing nutrition information in ways that better
correspond to how foods are offered for sale in covered establishments
and allow for more efficient and product-specific nutrition labeling.
In addition, the requests describe steps involved in training staff,
implementing standard operating procedures, and developing and
installing updated and consistent menu boards across all locations
within a chain. Most requests sought to extend the compliance date by 1
year.
    In light of these requests, we have decided to extend the
compliance date for the final rule to December 1, 2016. The final rule
requirements are intended to ensure that consumers are provided
accurate, clear, and consistent nutrition information for foods sold in
covered establishments in a direct and accessible manner to enable
consumers to make informed and healthful dietary choices. Therefore,
allowing adequate time for covered establishments to fully implement
the final rule's requirements, as described in the requests, helps
accomplish the primary objective of the final rule and is in the public
interest.

III. Economic Analysis of Impacts

    FDA has examined the impacts of the final rule under Executive
Order 12866, Executive Order 13563, the Regulatory Flexibility Act (5
U.S.C. 601-612), and the Unfunded Mandates Reform Act of 1995 (Pub. L.
104-4). Executive Orders 12866 and 13563 direct Agencies to assess all
costs and benefits of available regulatory alternatives and, when
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety, and other advantages; distributive impacts; and
equity). FDA has developed a regulatory impact analysis that presents
the benefits and costs of this final rule (Ref. 1). The Agency believes
that this final rule is not a significant regulatory action under
Executive Order 12866.
    The Regulatory Flexibility Act requires Agencies to analyze
regulatory options that would minimize any significant impact of a rule
on small entities. Because the final rule changes the compliance date
from December 1, 2015, to December 1, 2016, the Agency certifies that
the final rule will not have a significant economic impact on a
substantial number of small entities.
    Section 202(a) of the Unfunded Mandates Reform Act of 1995 requires
that Agencies prepare a written statement, which includes an assessment
of anticipated costs and benefits, before proposing ``any rule that
includes any Federal mandate that may result in the expenditure by
State, local, and tribal governments, in the aggregate, or by the
private sector, of $100,000,000 or more (adjusted annually for
inflation) in any one year.'' The current threshold after adjustment
for inflation is $144 million, using the most current (2014) Implicit
Price Deflator for the Gross Domestic Product. FDA does not expect this
final rule to result in any 1-year expenditure that would meet or
exceed this amount.

IV. Paperwork Reduction Act

    This final rule contains no collection of information. Therefore,
clearance by the Office of Management and Budget under the Paperwork
Reduction Act of 1995 is not required.

V. Environmental Impact

    We have determined under 21 CFR 25.30(k) that this action is of a
type that does not individually or cumulatively have a significant
effect on the human environment. Therefore, neither an environmental
assessment nor an environmental impact statement is required.

VI. Reference

    The following reference has been placed on display in the Division
of Dockets Management (see ADDRESSES) and may be seen by interested
persons between 9 a.m. and 4 p.m., Monday through Friday, and is
available electronically at http://www.regulations.gov. (FDA has
verified the Web site address in this reference section, but we are not
responsible for any subsequent changes to the Web site after this
document publishes in the Federal Register.)

    1. FDA, ``Food Labeling; Nutrition Labeling of Standard Menu
Items in Restaurants and Similar Retail Food Establishments;
Extension of Compliance Date,'' 2015. Available at: http://www.fda.gov/AboutFDA/ReportsManualsForms/Reports/EconomicAnalyses/.

    Dated: July 6, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-16865 Filed 7-9-15; 8:45 am]
 BILLING CODE 4164-01-P


The Office of Pesticide Program's Pilot Fragrance Notification Program:  Request for Comments
                                March 23, 2011

I.  Overview

      EPA's Office of Pesticide Programs (OPP) is publishing for comment a proposed Pilot Fragrance Notification Program (PFNP) for registrants seeking to add new or modify existing fragrances in new or currently registered pesticide products.  OPP intends to implement the PFNP for two years as a process improvement effort to streamline the current process used to amend registrations when fragrance ingredients are added, removed, or modified.
      EPA is taking this action as a follow up to the 2007 Fragrance Notification Pilot Program and it is very similar in conduct.  The objectives of the current pilot are to improve public transparency, reduce the amount of paperwork required of the company and decrease tracking.  The number of fragrance documents needing to be tracked would be decreased because they would be submitted twice a year versus with every application. These efficiencies will allow resources to be focused on other regulatory work without compromise to public health or the environment.

      In 2006, the Fragrance Materials Association (FMA) voluntarily developed a Fragrance Ingredient List (FIL). The FIL was comprised of more than 1500 fragrance component ingredients contained in pesticide products previously reviewed and registered by the Agency.  They represent fragrance ingredients which have undergone an evaluation by EPA to determine their suitability for safe use as components of fragrances used in nonfood use pesticide product formulations.  The Agency's evaluation consisted of a consideration of the available toxicity data on these ingredients, as well as a comprehensive review of other risk assessments performed on these substances in association with their uses as food flavoring additives and/or cosmetics as well as a determination of potential exposures to humans and the environment resulting from use as pesticide product fragrance ingredients. In April, 2007, EPA initiated the Fragrance Notification Pilot Program, a 3-month effort to examine both the completeness and accuracy of the FIL and to gain experience with a potential future notification process for certain fragrance formulations.  Outcomes from the 2007 Pilot included:  a) an updated FIL, b) valuable experience for registrants and fragrance suppliers and c) OPP "front end" document processing improvements. A description of the 2007 pilot and the updated FIL are available at:  www.epa.gov/opprd001/inerts/.

II. Current Amendment Process

      Currently, registrants wishing to add or modify fragrances in registered products do so by amendment to the Confidential Statement of Formula (CSF).  Often, the fragrance composition is known only to the fragrance supplier.  The current amendment process requires that fragrance suppliers provide a confidential declaration of the fragrance ingredients under separate cover to the Agency.  A finished fragrance normally includes many fragrance ingredients.  Each fragrance formula is separately reviewed by the Inert Ingredient Assessment Branch in OPP's Registration Division (RD).  Once the Agency has reviewed the components of a fragrance and has determined that the fragrance is acceptable for use, the amended CSF is accepted.

III. Eligibility for Participation in the Pilot Fragrance Notification Program

      Under the eligibility criteria outlined here, registrants seeking to add or modify fragrances in new or currently registered products would have the option of using the OPP Pilot Fragrance Notification Program.  Participation in the OPP Pilot Fragrance Notification Program would be subject to the following requirements and limitations:

   1) Registrants must certify (see Attachment 1) that all fragrance component ingredients in the newly-proposed fragrance are included on the FIL.

   2) The concentration of the fragrance being added or changed must not exceed 1.0% (by weight) of the total pesticide product composition.

   3) Individual fragrance component ingredients that would exceed 0.1% (by weight) of the total pesticide product composition must have existing approval for use as pesticide product inert ingredients.

   4) Fragrance actions involving pesticide products that are insect repellents or baits are not eligible for the OPP Pilot Fragrance Notification Program.  Also, , antimicrobial aerosol products that make public health claims are not eligible because confirmatory efficacy data are required to support any change in an antimicrobial aerosol product formulation intended to control public health microorganisms.
   5) This notification program is for non-food use pesticide products only.  Food-use products are ineligible.

   6) Requests for inclusion of individual fragrance ingredients that are not on the FIL should be submitted directly to the Inert Ingredient Assessment Branch in the Registration Division for evaluation and a determination of appropriateness for inclusion on the FIL.

   7) Newly proposed fragrances that contain ingredients not listed on the FIL are not eligible for the OPP Pilot Fragrance Notification Program. All ingredients of a fragrance must be listed on the FIL and/or approved by the Agency before a notification or amendment can be submitted for that fragrance under the Pilot Fragrance Notification Program.

   8) Annual self certification is required every year. The fragrance supplier and/or registrant is responsible for recertifying (self-certifying) its fragrance(s) in order to continue being listed.

   9)  It is the responsibility of the registrant to contact the fragrance supplier to ensure that the fragrance composition is submitted to the Agency.  The fragrance composition consists of the complete listing of all components that make up the fragrance.  The approved identity is to be submitted twice a year (no later than July 31 and December 31 of each calendar year).

   10) Auditing of the program would be done yearly by OPP. Requests for composition data for a portion of the new fragrances registered by notification would be used in the periodic auditing procedure.

IV. Pilot Fragrance Notification Program Requirements

   A.  Registrants filing a Fragrance Notification would be responsible for submitting the following:

* EPA Form 8570-1 identifying the submission as an addition of a fragrance eligible for the Pilot Fragrance Notification Program.  The form is available at www.epa.gov/opprd001/forms.
* Fragrance Supplier Certification Letter (See Attachments I and II) certifying that all fragrance ingredients in the newly proposed fragrance are on the FIL.
* Confidential Statement of Formula (CSF).  The form is available at www.epa.gov/opprd001/forms.

      Registrants would submit a revised CSF reflecting the new or modified fragrances; an EPA Form 8570-1 identifying the new or modified fragrance and a copy of the Fragrance Suppliers Certification Form certifying that all of the fragrance ingredients are on the FIL.

B.  The fragrance supplier agrees to submit certification that the composition of approved fragrances to the Inert Ingredient Branch in the Registration Branch of the Office of Pesticide Programs

V.  Submission instructions

      Registrants submitting the information identified above for Fragrance Notifications would follow the instructions for submitting various types of applications to OPP found in Pesticide Registration (PR) Notice 2006-1, April 12, 2006, entitled "New Instructions for Transmitting Information to the Office of Pesticide Programs".  www.epa.gov/PR_Notices/. Submissions would be sent to:

      Document Processing Desk (Code ______ )
      Office of Pesticide Programs (7504P)
      U. S. Environmental Protection Agency
      1200 Pennsylvania Avenue, N.W.
      Washington, DC 20460

      Submissions via Hand Delivery or Courier Delivery: Deliveries by you or a commercial courier should be directed to:

      Document Processing Desk (Code ______ )
      Office of Pesticide Programs (7504P)
      U. S. Environmental Protection Agency
      Room S-4900, One Potomac Yard
      2777 South Crystal Drive
      Arlington, VA 22202-4501

VI.   Contact Information

	For information regarding the Fragrance Ingredient List (FIL) contact:

      Prakashchandra Shah
      Inert Ingredient Assessment Branch (IIAB)
      OPP, Registration Division
<EMAIL_ADDRESS><PHONE_NUMBER>

      For information regarding the OPP Pilot Fragrance Notification Program, contact:

      Dennis Edwards
      Chief, Regulatory Management Branch I
      OPP, Antimicrobials Division
<EMAIL_ADDRESS><PHONE_NUMBER>

VII.    Comments

      Comments should be sent by [date30 days from FRN Announces] to:

      SanYvette Williams, DVM
      Special Assistant, RMB1
      USEPA/OSCPP/OPP/AD
<EMAIL_ADDRESS>      EPA will consider the comments received and publish the final procedures and specifications of the notification program.

ATTACHMENT I

        Certification for the OPP Pilot Fragrance Notification Program

Version I:  For use when the fragrance supplier knows the fragrance identities and the registrant does not

                             (Basic Product Name)
                                 EPA Reg. No.

Statement of Fragrance Supplier

On behalf of [name of fragrance supplier], I certify that all of the ingredients found in fragrance formula ________to be used in EPA Reg. No.______ are listed in the Fragrance Ingredient List (FIL) at www.epa.gov/opprd001/inerts/ingredient.pdf  and meet the other requirements of the Fragrance Notification Program.  I understand that it is a violation of 18 U.S.C. § 1001 to willfully make any false statement in this letter.  I agree (1) to maintain records documenting the identities of the fragrances in this formula for a period of 5years after I cease selling this formula to [name of registrant] and to provide this documentation to the U.S. Environmental Protection Agency (EPA) upon request, (2) to notify EPA and [name of registrant] if fragrance formula ________ changes in a manner that makes the formula ineligible for the Fragrance Notification Program and (3) to certify that the composition of approved fragrances will be submitted twice a year and no later than July 1 and December 31 of each year.  The Registrant is to contact the fragrance suppliers to ensure that the submissions are made to the Agency.

____________________________				_________________
Signature, Fragrance Supplier					Date
(Name, Fragrance Supplier, Address, Phone)

Statement of Registrant

As the registrant of EPA Reg. No.______, I am aware that it is my responsibility to ensure that (1) this product meets the terms of the OPP Pilot Fragrance Notification Program and (2) EPA has access to complete and accurate formulation information for the pesticide.  I acknowledge that if this product does not meet the terms of the OPP Pilot Fragrance Notification Program, including the requirement that all fragrance ingredients are on the FIL, then the sale or distribution of this product may be in violation of FIFRA and I may be subject to enforcement action and penalties under Sections 12 and 14 of FIFRA. This statement is added by OECA (Office of Enforcement and Compliance) to point out and ensure that the company understands and does not take this responsibility casually.

____________________________				__________________
Signature, Registrant Company				Date
(Registrant Name)
(Registrant Address)
(Registrant city, state, zip code)
                                 ATTACHMENT II

                             Certification Letter
               for the OPP Pilot Fragrance Notification Program

    Version II:  for use when the registrant knows the fragrance identities

                             (Basic Product Name)
                                 EPA Reg. No.

On behalf of [name of registrant], I certify that all of the fragrances in EPA Reg. No.______ are listed in the Fragrance Ingredient List (FIL) at www.epa.gov/opprd001/inerts/ingredient.pdf and meet the other requirements of the OPP Pilot Fragrance Notification Program.  I understand that it is a violation of 18 U.S.C. § 1001 to willfully make any false statement in this certification.  I further understand that if this product is not consistent with the terms of the OPP Pilot Fragrance Notification Program, 40 CFR 152.46, including the requirement that all fragrance ingredients are on the FIL, then the sale or distribution of this product may be in violation of FIFRA and I may be subject to enforcement action and penalties under Sections 12 and 14 of FIFRA. This statement is added by OECA (Office of Enforcement and Compliance) to point out and ensure that the company understands and does not take this responsibility casually.

____________________________				__________________
Signature, Registrant Company				Date
(Registrant Name)
(Registrant Address)
(Registrant city, state, zip code)
                                ATTACHMENT III

                      Fragrance Supplier Audit Procedure
               for the OPP Pilot Fragrance Notification Program

Recordkeeping /Audit Procedure

      The recordkeeping obligations and the audit procedure are required elements of the OPP Pilot Fragrance Notification Program.  Failure to comply with these voluntary Program elements means that any changes in fragrances from the most recent Confidential Statement of Formula filed with EPA require approval from the Agency.  Sale or distribution of a formulation whose fragrances have neither been approved by EPA nor qualify for the OPP Pilot Fragrance Notification Program may result in enforcement action and penalties under Sections 12 and 14 of FIFRA.

      The OPP Pilot Fragrance Notification Program recordkeeping and audit procedures are as follows:

   1)  Certification Statement/Fines & Penalties:  In lieu of submitting composition data for each fragrance, registrants may sign and submit the "Fragrance Supplier Certification Letter" (attached) or ensure that the fragrance supplier does so.  A false statement on the certification letter may violate 18 U.S.C. § 1001

   2)  Recordkeeping Requirements:  The fragrance supplier and/or registrant will maintain a record of the composition data for each fragrance in a registered pesticide product and agrees to make such records available upon request by EPA (Note:  OPP uses a similar model for efficacy data for non-public health pesticides).

   3) Audit Procedure:  EPA, at its discretion, may conduct periodic audits of such records by requesting that composition data for a portion of the new fragrances registered by notification.


[Federal Register Volume 77, Number 199 (Monday, October 15, 2012)]
[Proposed Rules]
[Pages 62468-62469]
[FR Doc No: 2012-25165]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

Docket No. FAA-2012-0971; Airspace Docket No. 12-ASO-31
RIN 2120-AA66

Proposed Amendment of VOR Federal Airway V-537, GA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to modify VHF omnirange (VOR) Federal
airway V-537 in Georgia. The FAA is proposing this action to realign
the route due to the scheduled decommissioning of the Moultrie, GA,
VOR/DME facility which forms a point along the route.

DATES: Comments must be received on or before November 29, 2012.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, M-30, 1200 New Jersey Avenue SE.,
West Building Ground Floor, Room W12-140, Washington, DC 20590-0001;
telephone:<PHONE_NUMBER>. You must identify FAA Docket No. FAA-2012-
0971 and Airspace Docket No. 12-ASO-31 at the beginning of your
comments. You may also submit comments through the Internet at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, Airspace Policy and ATC
Procedures Group, Office of Airspace Services, Federal Aviation
Administration, 800 Independence Avenue SW., Washington, DC 20591;
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments as they
may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA-2012-0971 and Airspace Docket No. 12-ASO-31) and be submitted in
triplicate to the Docket Management Facility (see ADDRESSES section for
address and phone number). You may also submit comments through the
Internet at  http://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to FAA Docket No. FAA-2012-0971 and Airspace Docket No. 12-ASO-31.''
The postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified comment
closing date will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the comment
closing date. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRM's

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov.
    You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Office (see ADDRESSES section for address and phone number) between
9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal
holidays. An informal docket may also be examined during normal
business hours at the office of the Eastern Service Center, Federal
Aviation Administration, Room 210, 1701 Columbia Ave., College Park,
GA, 30337.
    Persons interested in being placed on a mailing list for future
NPRM's should contact the FAA's Office of Rulemaking,<PHONE_NUMBER>,
for a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

The Proposal

    The FAA is proposing an amendment to Title 14, Code of Federal
Regulations (14 CFR) part 71 to modify the description of VOR Federal
airway V-537. The Moultrie, GA, VOR/DME, which forms a point along the
route, is scheduled to be decommissioned, thus the route description
would be redefined to provide for the continuity of V-537.
    Specifically, V-537 extends between Palm Beach, FL, and Macon, GA.
In order to maintain the current ground track of the airway, the FAA
would redefine the position of the Moultrie, GA, VOR/DME with a
navigation fix formed by the intersection of the Greenville, FL, VORTAC
001[deg](T)/360[deg](M) and the Macon, GA, VORTAC 185[deg](T)/
184[deg](M) radials.
    VOR Federal airways are published in paragraph 6010, of FAA Order
7400.9W dated August 8, 2012, and effective September 15, 2012, which
is incorporated by reference in 14 CFR 71.1. The VOR Federal airway
listed in this document would be subsequently published in the Order.
    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this proposed regulation: (1) Is not a ``significant
regulatory action'' under Executive Order 12866; (2) is not a
``significant rule'' under Department of Transportation (DOT)
Regulatory

Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does
not warrant preparation of a regulatory evaluation as the anticipated
impact is so minimal. Since this is a routine matter that will only
affect air traffic procedures and air navigation, it is certified that
this proposed rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority.
    This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of the
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it modifies the route structure as required to preserve the safe and
efficient flow of air traffic within the National Airspace System.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1E, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

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

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

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

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

Sec.  71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of FAA Order
7400.9W, Airspace Designations and Reporting Points, Dated August 8,
2012 and effective September 15, 2012, is amended as follows:
* * * * *

Paragraph 6010--Domestic VOR Federal Airways

V-537 [Amended]

    From Palm Beach, FL; INT Palm Beach 356[deg] and Treasure, FL,
143[deg] radials; Treasure; INT Treasure 318[deg] and Orlando. FL,
140[deg] radials; INT Orlando 140[deg] and Melbourne, FL 298[deg]
radials; INT Melbourne 298[deg] and Ocala, FL 145[deg] radials;
Ocala; Gators, FL; Greenville, FL; INT Greenville 001[deg](T)/
360[deg](M) and Macon, GA, 185[deg](T)/184[deg](M) radials to Macon.

    Issued in Washington, DC, on October 4, 2012.
Gary A. Norek,
Manager, Airspace Policy and ATC Procedures Group.
[FR Doc. 2012-25165 Filed 10-12-12; 8:45 am]
BILLING CODE 4910-13-P


MEMORANDUM

Date: 		June 30, 2011

To: 		Docket EPA-HQ-RCRA-2010-0742

From: 	Amanda Geldard

Subject: 	EPA's Evaluation of Data Collected from Notifications Submitted under the 2008 Definition of Solid Waste Exclusions

      This memo summarizes information that EPA has compiled from Definition of Solid Waste (DSW) notifications submitted as of April 26, 2011. Detailed documentation is included in the attachments. This information has been reported by facilities managing hazardous secondary materials under the 2008 DSW final rule exclusions and has been entered into RCRAInfo by the state or EPA region.

      Under the 2008 DSW final rule exclusions, facilities are required to notify their regulatory authority using the Site ID form (EPA form 8700-12) prior to operating under the exclusion and every other year thereafter. The notifications document how many facilities are using the exclusions, what type of exclusion is being used, and quantities of hazardous secondary material being managed and reclaimed under the exclusions. From this information, EPA has also drawn some conclusions about whether the 2008 rule has increased reclamation of hazardous secondary materials and whether facilities are realizing any economic benefits from using the exclusions.

Overview of Facilities Operating under the 2008 DSW Exclusions

      As of April 26, 2011, there are 49 facilities that are currently managing hazardous secondary materials under the 2008 DSW exclusions. A total of 25 facilities are operating under the generator-controlled exclusion (40 CFR 261.4(a)(2)(ii)), 21 of which are generating and reclaiming onsite and 4 are generating and reclaiming within the same company. (There are no facilities operating under the tolling-exclusion.) A total of 27 facilities are operating under the transfer-based exclusion (40 CFR 261.4(a)(24)), 23 of which are generators transferring off-site and four are reclamation facilities. All four reclamation facilities are RCRA permitted. (There are no unpermitted reclaimers operating under the transfer-based exclusion.) Additionally, no intermediate facilities have notified.  These results can be found in Attachment 1.

Increased Reclamation under DSW Exclusions
	The notifications document that over 50,000 tons of hazardous secondary materials were reclaimed under the 2008 DSW final rule exclusions during 2009. (EPA receives this information from the re-notifications, which report quantities reclaimed within each odd-numbered year.) Additionally, by comparing a facility's DSW notification to its 2007 or 2009 biennial report (where one exists), we can make conclusions regarding whether the rule has encouraged increases in hazardous secondary material recycling. We count 15 (32%) facilities that have either started or substantially increased reclamation under the 2008 exclusions. This includes, in many cases, facilities that reported burning spent solvents for energy recovery in their 2007 or 2009 biennial report and then notified that they are reclaiming the spent solvents under the 2008 final rule. We also count three cases where facilities switched from land disposing spent pickle liquor to reclaiming the hazardous secondary material under the rule. These results are reported in Attachments 2 and 3.
Potential Cost Savings under DSW Exclusions
	The notifications also yield information suggesting that facilities are realizing economic benefits from the 2008 DSW exclusions. For example, 8 (16%) facilities reported a change in generator status in their DSW notification. (Because hazardous secondary materials managed in compliance with the 2008 exclusions are no longer solid and hazardous wastes, a facility does not count these materials towards their generator status.) These results are reported in Attachment 4. This decrease in generator status can be presumed to translate to reduced regulatory requirements and thus cost savings for these facilities.

List of Attachments:
   oo Attachment 1: Summary of Definition of Solid Waste Final Rule Notifications as of April 26, 2011
   oo Attachment 2: Actual Tons Reclaimed in 2009 under the 2008 DSW Exclusions
   oo Attachment 3: List of Facilities that Likely Started or Increased Recycling under the 2008 DSW Exclusions
   oo Attachment 4: List of Facilities that Reported a Decrease in Generator Status in their DSW Notifications

                                Attachment 1:
Summary of Definition of Solid Waste Final Rule Notifications as of April 26, 2011

Under the Revisions to the Definition of Solid Waste (DSW) final rule, published October 30, 2008 (73 FR 64668), facilities are required to notify their regulatory authority prior to managing hazardous secondary materials under the DSW rule and every other year thereafter. EPA is providing this Summary of Definition of Solid Waste Final Rule Notifications to allow public access to the information received from these notifications. Note: The information from the notifications is reported as it was submitted by the companies; some information from recent re-notifications may not be included.

State			# of facilities that have submitted a DSW notification
Iowa 						16
New Jersey					12
Pennsylvania   					20
Virgin Islands					  1
TOTAL					49

Facility Type 									# of facilities0F
Generator-controlled exclusion, reclaiming onsite 					21
Generator-controlled exclusion, reclaiming within same company				4
Generator-controlled exclusion, tolling							0
Transfer-based exclusion, generator transferring offsite					23
Transfer-based exclusion, reclamation facility1F 						4
Transfer-based exclusion, intermediate facility						0
Transfer-based exclusion, generator exporting HSM					0
Transfer-based exclusion, reclamation facility importing HSM				0

Hazardous Secondary Material Type								# of facilities2F
Spent Solvents (F001-F005, D035, plus D001)							         	          23
Electric arc furnace dust (K061)									         	          6
Spent pickle liquor (K062)										          6
WW treatment sludges; plating bath residues from electroplating operations (F006;F007;F008)		          5
Petroleum refining sludges; tank sediments (F037;F038;K050;K051;K169;K170)			         	          1
Ignitable and/or corrosive (only) (D001, D002)							        	          11
Characteristically toxic for metals (D004-D011)3F							       	          3
Other characteristically toxic (D012-D043, except D035)						          	          4

List of Facilities that have Notified Under the Definition of Solid Waste Final Rule:
                                    EPA ID
                                     Name
                                     City
                                     State
                               NAICS Description
                             Facility Description
                 Waste codes for Hazardous Secondary Material
                          Estimated Annual Quantity4F
                                  Start Date
Iowa
IA0000362905
Curries 12th St NW Facility
Mason City
IA
Metal Window and Door Manufacturing
HSM Generator reclaiming onsite
D001;D035;F005
13 tons
Jan-09
IAD043490150
Curries 9th Street Facility
Mason City
IA
Metal Window and Door Manufacturing
HSM Generator reclaiming onsite
D001;D035;F005
5 tons
Jan-09
IAD055803423
Diamond Vogel Paint Co., Inc.
Burlington
IA
Paint and Coating Manufacturing
HSM Generator transferring within "same company"
D001;F003;F005
17 tons
Jan-10
IAR000006577
Eagle River Window and Door Inc
Dubuque
IA
Metal Window and Door Manufacturing
HSM Generator reclaiming onsite
D001;D007;F003
69 tons
May-10
IAR000007013
Fres-co System USA, Inc
Red Oak
IA
Commercial Gravure Printing
HSM Generator reclaiming onsite
D001;F003
6 tons
Mar-10
IA0000990762
Iowa Contract Fabricators Inc
Riceville
IA
Motor Vehicle Body Manufacturing
HSM Generator transferring offsite
D001;D035;F003;
F005
31 tons
Mar-09
IAD005286539
Iowa Mold Tooling Company Inc
Garner
IA
Construction Machinery Manufacturing
HSM Generator transferring offsite
D001;D035;F003;
F005
25 tons
Mar-09
IAD073489726
John Deere Davenport Works
Davenport
IA
Construction Machinery Manufacturing
HSM Generator reclaiming onsite
D001
50 tons
May-10
IAD069624500
John Deere Des Moines Works
Ankeny
IA
Farm Machinery and Equipment Manufacturing
HSM Generator reclaiming onsite
D001;D035;F003;
F005
40 tons
Nov-09
IAD005269527
John Deere Dubuque Works
Dubuque
IA
Construction Machinery Manufacturing
HSM Generator reclaiming onsite
D001
21 tons
Apr-10
IAD000678094
John Deere Engine Works
Waterloo
IA
Other Engine Equipment Manufacturing
HSM Generator reclaiming onsite
D001
33 tons
Aug-09
IAD005291182
John Deere Ottumwa Works
Ottumwa
IA
Farm Machinery and Equipment Manufacturing
HSM Generator reclaiming onsite
D001;F005
17 tons
Dec-10
IAD000805168
John Deere Waterloo Works
Waterloo
IA
Farm Machinery and Equipment Manufacturing
HSM Generator reclaiming onsite
D001
56 tons
Oct-09
IAR000007377
Siegwerk USA Co
Des Moines
IA
Printing Ink Manufacturing
HSM Generator transferring within "same company"
D001
125 tons
Mar-09
IAD078096732
Siegwerk USA Co
Des Moines
IA
Printing Ink Manufacturing
HSM Generator reclaiming onsite; Reclaimer receiving HSM from within "same company"
D001
250 tons
Mar-09
IAD007276728
Vogel Paint & Wax Co Inc
Orange City
IA
Paint and Coating Manufacturing
HSM Generator reclaiming onsite
D001;D035;F003;
F005
900 tons
Feb-09
New Jersey
NJD051415909
Aleris Rolled Products, Inc
Clayton
NJ
Aluminum Sheet, Plate, and Foil Manufacturing
HSM Generator transferring offsite
D001;D005;D006;
D007;D008;F005
60 tons
Jul-10
NJD002338267
Aluminum Shapes LLC
Delair
NJ
Secondary Smelting and Alloying of Aluminum
HSM Generator reclaiming onsite
D001;F005
11 tons
Jul-09
NJR000036301
Anadigics, Inc.
Warren
NJ
Semiconductor and Related Device Manufacturing
HSM Generator transferring offsite
D001;D004
52 tons
Jan-09
NJD981483035
Melton Sales & Service
Bordentown
NJ
Industrial Truck, Tractor, Trailer, and Stacker Machinery Manufacturing
HSM Generator transferring offsite
D001;D035;D039;
F002:F003;F005
3 tons
Jul-10
NJR000075796
Melton Sales & Service
Burlington
NJ
Industrial Truck, Tractor, Trailer, and Stacker Machinery Manufacturing
HSM Generator transferring offsite
D001;D035;D039;
F002:F003;F005
6 tons
Jul-10
NJD011806122
Oticon
Somerset
NJ
Electromedical and Electrotherapeutic Apparatus Manufacturing
HSM Generator transferring offsite
D001
1 ton
Mar-11
NJD002182897
Safety-Kleen Systems, Inc
Linden
NJ
Hazardous Waste Treatment and Disposal
Reclaimer receiving HSM from offsite
D001;D018;D035; D039;D040;F003;
F005
15,910 tons
Jun-09
NJD986629491
Sancoa International
Lumberton
NJ
Commercial Gravure Printing
HSM Generator transferring offsite
D001;D035;F003;
F005
14 tons
Aug-10
NJD064344575
Siegfried USA Incorporated
Pennsville
NJ
Medicinal and Botanical Manufacturing
HSM Generator reclaiming onsite; HSM Generator transferring offsite
D001;D002;F003;
F005
110 tons
Aug-09
NJD065710311
Silverton Marine Corp
Millville
NJ
Boat Building
HSM Generator reclaiming onsite
D001;F003
5 tons
Jan-10
NJD002454544
Veolia ES Technical Solutions LLC
Middlesex
NJ
Hazardous Waste Treatment and Disposal
Reclaimer receiving HSM from offsite
D001;D040;F001;
F002;F003
80 tons
Sep-09
NJD002482545
Viking Yacht Company
New Gretna
NJ
Boat Building
HSM Generator transferring offsite
D001;F003
70 tons
Dec-09
Pennsylvania
PAD004335154
Allegheny Ludlum Corporation  -  Brackenridge
Brackenridge
PA
Iron and Steel Mills
HSM Generator transferring offsite
K061;K062;D002;
D007
9,400 tons
Dec-08
PAD057629479
Allvac Latrobe PLT
Latrobe
PA
Iron and Steel Mills
HSM Generator transferring offsite
K061
400 tons
Dec-08
PAD003025418
BAE Systems, Land & Armaments
York
PA
Military Armored Vehicle, Tank, and Tank Component Manufacturing
HSM Generator transferring offsite
D001;F003
40 tons
Sep-09
PAD002344315
Carpenter Technology Corporation
Reading
PA
Iron and Steel Mills
HSM Generator reclaiming onsite; HSM Generator transferring offsite
K061;K062;F001;
F006;F007;F008
13,541 tons
Jul-09
PAD003043353
Cherokee Pharmaceuticals, LLC
Riverside
PA
Medicinal and Botanical Manufacturing
HSM Generator transferring offsite
D001;D002
200 tons
Jul-09
PAD053276085
Cleveland Steel Container Corp
Quakertown
PA
Metal Can Manufacturing
HSM Generator transferring offsite
D001;D018;D039;
D040
2 tons
Mar-11
PAD987278082
Greenville Metals, Inc
Transfer
PA
Secondary Smelting, Refining, and Alloying of Nonferrous Metal (except Copper and Aluminum)
HSM Generator transferring offsite
K061
400 tons
Nov-10
PAD087561015
International Metals Reclamation Company, Inc
Ellwood City
PA
Nonferrous Metal (Except Aluminum) Smelting and Refining
Reclaimer receiving HSM from offsite
K061;K062;F006;
D001;D002;D003;
D004
20,500 tons
Jun-09
PAR000510602
Jewell Acquisition, LLC  -  Midland
Midland
PA
Iron and Steel Mills
HSM Generator transferring offsite
K061
750 tons
Dec-08
PAD004338091
John Maneely Co Wheatland Tube Division
Wheatland
PA
Iron and Steel Pipe and Tube Manufacturing from Purchased Steel
HSM Generator reclaiming onsite
D002;K062
4,200 tons
Feb-10
PAR000038067
John Maneely Co Wheatland Tube Division
Wheatland
PA
Iron and Steel Pipe and Tube Manufacturing from Purchased Steel
HSM Generator reclaiming onsite
D002;K062
4,200 tons
Feb-10
PAD004322863
John Maneely Co Wheatland Tube Division
Sharon
PA
Iron and Steel Pipe and Tube Manufacturing from Purchased Steel
HSM Generator reclaiming onsite
K062
500 tons
Feb-10
PAR000519322
Johnson Matthey Emissions Control Technologies
Smithfield
PA
All Other Motor Vehicle Parts Manufacturing
HSM Generator transferring within "same company"
D002
12 tons
Aug-09
PAD002283547
National Label Company
Lafayette Hill
PA
Other Commercial Printing
HSM Generator transferring offsite
D001
48 tons
Sep-10
PAR000033993
Penn Color Inc
Hatfield
PA
Paint and Coating Manufacturing
HSM Generator reclaiming onsite
D001
500 tons
Feb-10
PAD002292068
Rohm and Haas Co
Bristol
PA
Plastics Material and Resin Manufacturing
HSM Generator transferring offsite
D001;D035;F003;
F005
420 tons
Oct-10
PAD043882323
Spectrum Control Technology Inc
State College
PA
Electronic Capacitor Manufacturing
HSM Generator transferring offsite
F006
7 tons
Mar-10
PAD981037377
Triangle Circuits
Oakmont
PA
Bare Printed Circuit Board Manufacturing
HSM Generator transferring offsite
F006
25 tons
Jan-10
PAD981038227
World Resources Company
Pottsville
PA
All Other Miscellaneous Nonmetallic Mineral Product Manufacturing
Reclaimer receiving HSM from offsite
F006
50 tons
Feb-10
PAD000766147
Yorktowne Inc
Mifflinburg
PA
Wood Kitchen Cabinet and Countertop Manufacturing
HSM Generator transferring offsite
D001;D002;F003
1 ton
Aug-10
U.S. Virgin Islands
VID980536080
Hovensa LLC
Christiansted
VI
Petroleum Refineries
HSM Generator reclaiming onsite
F037;F038;K050;
K051;K169;K170
3,902 tons
Oct-09

                                Attachment 2:
          Actual Tons Reclaimed in 2009 under the 2008 DSW Exclusions

                                       #
EPA ID
Facility Name
Facility Description
Mgmt Start Date
Hazardous Secondary Material (Reported as Hazardous Waste Code)
Tons of Hazardous Secondary Material Reclaimed in 2009
                                       1
IA0000362905
Curries 12th St NW Facility
Generator reclaiming onsite
Jan-09
D001;D035;F005
15
                                       2
IAD043490150
Curries 9th Street Facility
Generator reclaiming onsite
Jan-09
D001;D035;F005
8
                                       3
IA0000990762
Iowa Contract Fabricators Inc
Generator transferring offsite
Mar-09
D001;D035;F003;F005
31
                                       4
IAD005286539
Iowa Mold Tooling Company Inc
Generator transferring offsite
Mar-09
D001;D035;F003;F005
25
                                       5
IAD069624500
John Deere Des Moines Works
Generator reclaiming onsite
Nov-09
D001;D035;F003;F005
3
                                       6
IAD000678094
John Deere Engine Works
Generator reclaiming onsite
Aug-09
D001
5
                                       7
IAD000805168
John Deere Waterloo Works
Generator reclaiming onsite
Oct-09
D001
1
                                       8
IAR000007377
Siegwerk USA Co
Generator transferring within the "same company"
Mar-09
D001
85
                                       9
IAD078096732
Siegwerk USA Co
Generator reclaiming onsite; Reclaimer receiving within the "same company"
Mar-09
D001
10
                                      10
IAD007276728
Vogel Paint & Wax Co Inc
Generator reclaiming onsite
Feb-09
D001;D035;F003;F005
877
                                      11
NJD002338267
Aluminum Shapes LLC
Generator reclaiming onsite
Jul-09
D001;F005
4
                                      12
NJR000036301
Anadigics, Inc.
Generator transferring offsite
Jan-09
D001;D004
Not available
                                      13
NJD002182897
Safety-Kleen Systems, Inc
Reclaimer receiving from offsite
Jun-09
D001;D018;D035;D039;D040;F003;F005
689
                                      14
NJD064344575
Siegfried USA Incorporated
Generator reclaiming onsite; Generator transferring offsite
Aug-09
D001;D002;F003;F005
97
                                      15
NJD002454544
Veolia ES Technical Solutions LLC
Reclaimer receiving from offsite
Sep-09
D001;D040;F001;F002;F003
1
                                      16
NJD002482545
Viking Yacht Company
Generator transferring offsite
Dec-09
D001;F003
0
                                      17
PAD004335154
Allegheny Ludlum Corporation  -  Brackenridge
Generator transferring offsite
Dec-08
K061;K062;D002;D007
9,322
                                      18
PAD057629479
Allvac Latrobe PLT
Generator transferring offsite
Dec-08
K061
187
                                      19
PAD003025418
BAE Systems, Land & Armaments
Generator transferring offsite
Sep-09
D001;F003
40
                                      20
PAD00234431
Carpenter Technology Corporation
Generator reclaiming onsite;
Generator transferring offsite
Jul-09
K061;K062;F001;F006;F007;F008
12,302
                                      21
PAD003043353
Cherokee Pharmaceuticals, LLC
Generator transferring offsite
Jul-09
D001;D002
0
                                      22
PAD087561015
International Metals Reclamation Company, Inc
Reclaimer receiving from offsite
Jun-09
K061;K062;F006;D001;D002;D003;D004
1,258
                                      23
PAR000510602
Jewell Acquisition, LLC  -  Midland
Generator transferring offsite
Dec-08
K061
187
                                      24
PAR000519322
Johnson Matthey Emissions Control Technologies
Generator transferring within "same company"
Aug-09
D002
12
                                      25
PAD004338091
John Maneely Co Wheatland Tube Division
Generator reclaiming onsite
Dec-08
D002;K062
28,635
                                      26
PAR000038067
John Maneely Co Wheatland Tube Division
Generator reclaiming onsite
Dec-08
D002;K062
4,140
                                      27
PAD004322863
John Maneely Co Wheatland Tube Division
Generator reclaiming onsite
Dec-08
K062
2,210
                                      28
VID980536080
Hovensa LLC
Generator reclaiming onsite
Oct-09
F037;F038;K050;K051;K169;K170
4,910

                                Attachment 3:
List of Facilities that Likely Started or Increased Recycling under the 2008 DSW Exclusions

Facilities are included in the table below if they 1) submitted a biennial report in 2007 or 2009; and 2) their biennial report did not report any recycling of the wastestream that was included in the facility's DSW notification; or 3) the biennial report included recycling of the wastestream but at significantly lower quantities that what was included in the DSW notification.

The results reflect only what EPA has been able to compile using available data and have not been independently confirmed with the facilities operating under the exclusions.

#
EPA ID
Facility Name
Facility Description
Notes
1
IAR000006577
Eagle River Window and Door
Generator reclaiming onsite
In their 2009 BR, Eagle River reported sending D001, F003 waste  to fuel blending. The facility began reclaiming D001, F003, and D007 hazardous secondary materials under the exclusions starting May 2010.
2
IAD005286539
Iowa Mold Tooling Company Inc
Generator transferring offsite
In their 2007 BR, Iowa Mold Tooling reported recycling F005 waste and sent D001, F003, and F005 waste for fuel blending.  The facility began reclaiming D001, D035, F003, and F005 hazardous secondary materials under the exclusions in March 2009.
3
IAD069624500
John Deere Des Moines Works
Generator reclaiming onsite
In their 2007 BR, John Deere Des Moines reported sending D001, D035, and F003 waste to fuel blending.  The facility began reclaiming D001, D035, F003, and F005 hazardous secondary materials under the exclusions in November 2009.
4
IAD005291182
John Deere Ottumwa Works
Generator reclaiming onsite
In their 2007 and 2009 BR, John Deere Ottumwa reported sending D001 and F005 waste for fuel blending and incineration, respectively. The facility began reclaiming D001 and F005 hazardous secondary materials under the exclusions in December 2010.
5
IAD078096732
Siegwerk USA Co
Generator transferring within "same company"
In their 2007 BR, Siegwerk reported sending D001 waste for energy recovery. The facility began reclaiming D001 hazardous secondary materials under the exclusions in March 2009.
6
IAR000007377
Siegwerk USA Co
Generator reclaiming onsite; Reclaimer receiving from within "same company"
In their 2007 BR, Siegwerk reported sending D001 waste for energy recovery. The facility began reclaiming D001 hazardous secondary materials under the exclusions in March 2009.
7
IAD007276728
Vogel Paint & Wax Co Inc
Generator reclaiming onsite
In their 2007 BR, Vogel Paint & Wax reported sending F003 and F005 waste for fuel blending. The facility began reclaiming D001, D035, F003, and F005 hazardous secondary materials under the exclusions in February 2009.
8
NJD051415909
Aleris Rolled Products Inc
Generator transferring offsite
In their 2009 BR, Aleris Rolled Products reported sending D001, D005, D006, D007, D008, and F005 waste for fuel blending and energy recovery. The facility began reclaiming D001, D005, D006, D007, D008, and F005 hazardous secondary materials under the exclusions in July 2010.
9
NJD986629491
Sancoa International
Generator transferring offsite
In their 2009 BR, Sancoa reported sending D001, D035, and F003 waste for fuel blending. The facility began reclaiming D001, D035, F003, and F005 hazardous secondary materials under the exclusions in August 2010.
10
NJD064344575
Siegfried USA Inc
Generator reclaiming onsite; Generator transferring offsite
In their 2007 BR, Siegfried reported sending  D001, F003 and F005 wastes for fuel blending. The facility began reclaiming D001, D002, F003, and F005 hazardous secondary materials under the exclusions in August 2009.
11
PAD004338091
John Maneely Co Wheatland Tube Division
Generator reclaiming onsite
In their 2007 and 2009 BR, John Maneely reported sending D002 and K062 waste for deep well injection  and chemical stabilization, respectively. The facility began reclaiming D002 and K062 hazardous secondary materials under the exclusions in February 2010.
12
PAR000038067
John Maneely Co Wheatland Tube Division
Generator reclaiming onsite
In their 2009 BR, John Maneely reported sending D002 and K062 waste for deep well injection. The facility began reclaiming D002 and K062 hazardous secondary materials under the exclusions in February 2010.
13
PAD004322863
John Maneely Co Wheatland Tube Division
Generator reclaiming onsite
In their 2009 BR, John Maneely reported sending D002 and K062 waste for deep well injection. The facility began reclaiming D002 and K062 hazardous secondary materials under the exclusions in February 2010.
14
PAD002283547
National Label Company
Generator transferring offsite
In their 2009 BR, National Label reported sending D001 waste to fuel blending. The facility began reclaiming D001 hazardous secondary materials under the exclusions in September 2010.
15
PAD000766147
Yorktowne Inc
Generator transferring offsite
In their 2007 BR, Yorktowne reported sending D001 waste to fuel burning. The facility began reclaiming D001, D002, and F003 hazardous secondary materials under the exclusions in August 2010.

                                Attachment 4:
List of Facilities that Reported a Decrease in Generator Status when Notifying under the DSW Exclusions

Facilities are included in the table below if their DSW notification also included a change in generator status.

                                       #
EPA ID
Facility Name
Facility Description
Pre-DSW
Generator Status
Post-DSW
Generator Status
                                       1
IA0000362905
Curries 12th St NW Facility
Generator reclaiming onsite
LQG
SQG
                                       2
IA0000990762
Iowa Contract Fabricators Inc
Generator transferring offsite
LQG
SQG
                                       3
IAD005286539
Iowa Mold Tooling Company Inc
Generator transferring offsite
LQG
SQG
                                       4
NJD986629491
Sancoa International
Generator transferring offsite
LQG
SQG
                                       5
NJD065710311
Silverton Marine Corp
Generator reclaiming onsite
LQG
SQG
                                       6
NJD002482545
Viking Yacht Company
Generator transferring offsite
LQG
SQG
                                       7
PAD003025418
BAE Systems Land & Armaments
Generator transferring offsite
LQG
CESQG
                                       8
PAD002283547
National Label Company
Generator transferring offsite
LQG
SQG


[Federal Register: October 19, 2005 (Volume 70, Number 201)]
[Notices]
[Page 60811]
[DOCID:fr19oc05-61]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[ Docket No. ER05-1049-001]

Union Electric Company; Notice of Compliance Filing

October 12, 2005.
    Take notice that on September 21, 2005, Ameren Services Company,
for and on behalf of Union Electric Company, hereby submits a refund
report pursuant to Commission's Order issued in Docket No. ER05-1049-
000.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant and all the parties in this proceeding.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. eastern time on October 24, 2005.

Magalie R. Salas,
Secretary.
 [FR Doc. E5-5761 Filed 10-18-05; 8:45 am]

BILLING CODE 6717-01-P