[Federal Register Volume 85, Number 199 (Wednesday, October 14, 2020)]
[Proposed Rules]
[Pages 65015-65020]
[FR Doc No: 2020-22058]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 257

[EPA-HQ-OLEM-2020-0107; FRL-10015-46-OLEM]
RIN 2050-AH14

Hazardous and Solid Waste Management System: Disposal of Coal
Combustion Residuals From Electric Utilities; Legacy CCR Surface
Impoundments

AGENCY: Environmental Protection Agency (EPA).

ACTION: Advance notice of proposed rulemaking.

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SUMMARY: On April 17, 2015, the Environmental Protection Agency (EPA or
the Agency) promulgated national minimum criteria for existing and new
coal combustion residuals (CCR) landfills and existing and new CCR
surface impoundments. On August 21, 2018, the U.S. Court of Appeals for
the District of Columbia Circuit issued its opinion in the case of
Utility Solid Waste Activities Group, et al. v. EPA, which vacated and
remanded the provision that exempted inactive impoundments at inactive
facilities from the CCR regulations. As a first step to implement this
part of the court decision, EPA is seeking comments in this advanced
notice of proposed rulemaking (ANPRM) and data on inactive surface
impoundments at inactive facilities to assist in the development of
future regulations for these CCR units. This ANPRM also discusses the
related research conducted to date, describes EPA's preliminary
analysis of that research, and seeks additional data and public input
on issues that may inform a future proposed rule.

DATES: Comments must be received on or before December 14, 2020.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OLEM-2020-0107, by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov/
(our preferred method). Follow the online instructions for submitting
comments.
     Mail: U.S. Environmental Protection Agency, EPA Docket
Center, OLEM Docket, Mail Code 28221T, 1200 Pennsylvania Avenue NW,
Washington, DC 20460.
     Hand Delivery or Courier (by scheduled appointment only):
EPA Docket Center, WJC West Building, Room 3334, 1301 Constitution
Avenue NW, Washington, DC 20004. The Docket Center's hours of
operations are 8:30 a.m.-4:30 p.m., Monday-Friday (except Federal
Holidays).
    Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received may be posted without change
to https://www.regulations.gov/, including any personal information
provided. For detailed instructions on sending comments and additional
information on the rulemaking process, see the ``Public Participation''
heading of the SUPPLEMENTARY INFORMATION section of this document. Out
of an abundance of caution for members of the public and our staff, the
EPA Docket Center and Reading Room are closed to the public, with
limited exceptions, to reduce the risk of transmitting COVID-19. Our
Docket Center staff will continue to provide remote customer service
via email, phone, and webform. We encourage the public to submit
comments via https://www.regulations.gov/ or email, as there may be a
delay in processing mail and faxes. Hand deliveries and couriers may be
received by scheduled appointment only. For further information on EPA
Docket Center services and the current status, please visit us online
at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: For questions concerning this ANPRM,
contact Michelle Long, Office of Resource Conservation and Recovery,
Materials Recovery and Waste Management Division, Environmental
Protection Agency, 1200 Pennsylvania Avenue NW, MC: 5304P, Washington,
DC 20460; telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>For more information on this rulemaking please
visit https://www.epa.gov/coalash.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Docket

    EPA has established a docket for this action under Docket ID No.
EPA-HQ-OLEM-2020-0107. EPA has previously established a docket for the
April 17, 2015, CCR final rule (80 FR 21302) under Docket ID No. EPA-
HQ-RCRA-2009-0640. All documents in the docket are listed in the
https://www.regulations.gov index. Publicly available docket materials
are available either electronically at https://www.regulations.gov or
in hard copy at the EPA Docket Center. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding holidays.
The telephone number for the Public Reading Room is<PHONE_NUMBER>, and
the telephone

number for the EPA Docket Center is<PHONE_NUMBER>.

B. Written Comments

    Submit your comments, identified by Docket ID No. EPA-HQ-OLEM-2020-
0107, at https://www.regulations.gov (our preferred method), or the
other methods identified in the ADDRESSES section. Once submitted,
comments cannot be edited or removed from the docket. EPA may publish
any comment received to its public docket. Do not submit electronically
any information you consider to be Confidential Business Information
(CBI) or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
    EPA is temporarily suspending its Docket Center and Reading Room
for public visitors, with limited exceptions, to reduce the risk of
transmitting COVID-19. Our Docket Center staff will continue to provide
remote customer service via email, phone, and webform. We encourage the
public to submit comments via https://www.regulations.gov/ as there may
be a delay in processing mail and faxes. Hand deliveries or couriers
will be received by scheduled appointment only. For further information
and updates on EPA Docket Center services, please visit us online at
https://www.epa.gov/dockets.
    EPA continues to carefully and continuously monitor information
from the Centers for Disease Control and Prevention (CDC), local area
health departments, and our Federal partners so that we can respond
rapidly as conditions change regarding COVID-19.

C. Submitting CBI

    Do not submit information that you consider to be CBI
electronically through https://www.regulations.gov or email. Send or
deliver information identified as CBI to only the following address:
ORCR Document Control Officer, Mail Code 5305-P, Environmental
Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460;
Attn: Docket ID No. EPA-HQ-OLEM-2020-0107.
    Clearly mark the part or all of the information that you claim to
be CBI. For CBI information in a disk or CD-ROM that you mail to EPA,
mark the outside of the disk or CD-ROM as CBI and then identify
electronically within the disk or CD-ROM the specific information that
is claimed as CBI. In addition to one complete version of the comment
that includes information claimed as CBI, a copy of the comment that
does not contain the information claimed as CBI must be submitted for
inclusion in the public docket. If you submit a CD-ROM or disk that
does not contain CBI, mark the outside of the disk or CD-ROM clearly
that it does not contain CBI. Information marked as CBI will not be
disclosed except in accordance with procedures set forth in 40 Code of
Federal Regulations (CFR) part 2.

II. General Information

A. Does this action apply to me?

    A future rulemaking for inactive (``legacy'') CCR surface
impoundments potentially applies to owners and operators of all CCR
generated by electric utilities and independent power producers that
fall within the North American Industry Classification System (NAICS)
code 221112 and may affect the following entities: Electric utility
facilities and independent power producers that fall under the NAICS
code 221112. This discussion is not intended to be exhaustive, but
rather provides a guide for readers regarding entities likely to be
regulated by this action. This discussion lists the types of entities
that EPA is now aware could potentially be regulated by this action.
Other types of entities not described here could also be regulated. To
determine whether your entity is regulated by this action, you should
carefully examine the applicability criteria found in Sec.  257.50 of
title 40 of the Code of Federal Regulations. If you have questions
regarding the applicability of this action to a particular entity,
consult the person listed in the FOR FURTHER INFORMATION CONTACT
section.

B. What action is the Agency contemplating?

    EPA is seeking comments and data on legacy CCR surface impoundments
at inactive facilities to assist in the development of future
regulations for these CCR units. This action is in response to the
August 21, 2018 opinion by the U.S. Court of Appeals for the District
of Columbia Circuit (Utility Solid Waste Activities Group, et al. v.
EPA) that vacated and remanded the provision that exempted inactive
impoundments at inactive facilities from the 2015 CCR rule.
    By this document, EPA is seeking public input on key issues at this
preliminary stage to inform its thinking on any future proposed
rulemaking. EPA is not reopening any existing regulations through this
ANPRM.

C. What is the Agency's authority for taking this action?

    EPA is publishing this document under the authority of sections
1008(a), 2002(a), 4004, and 4005(a) and (d) of the Solid Waste Disposal
Act of 1970, as amended by the Resource Conservation and Recovery Act
of 1976 (RCRA), as amended by the Hazardous and Solid Waste Amendments
of 1984 (HSWA) and the Water Infrastructure Improvements for the Nation
(WIIN) Act of 2016, 42 U.S.C. 6907(a), 6912(a), 6944, and 6945(a) and
(d).

III. Background

    On April 17, 2015, EPA finalized national minimum criteria for the
disposal of CCR as solid waste under Subtitle D of the Resource
Conservation and Recovery Act (RCRA) titled, ``Hazardous and Solid
Waste Management System; Disposal of Coal Combustion Residuals from
Electric Utilities,'' (80 FR 21302) (2015 CCR rule or CCR regulations).
The 2015 CCR rule, codified in subpart D of part 257 of Title 40 of the
Code of Federal Regulations, established regulations for existing and
new CCR landfills and existing and new CCR surface impoundments and all
lateral expansions of CCR units. The criteria consist of location
restrictions, design and operating criteria, groundwater monitoring and
corrective action requirements, closure and post-closure care
requirements, recordkeeping, notification and internet posting
requirements.
    The 2015 CCR rule regulated existing and new CCR landfills and
existing and new CCR surface impoundments and all lateral expansions of
CCR units. The rule also imposed requirements on inactive surface
impoundments \1\ at active facilities,\2\ but did not impose

requirements on inactive surface impoundments at inactive facilities.
The preamble to the 2015 CCR final rule (80 FR 21344) explained that
inactive units at inactive facilities were not covered by the rule in
part due to possible complications that were specific to inactive or
closed facilities: The concern that the present owner of the land on
which an inactive site was located might have no connection (other than
present ownership of the land) with the prior disposal activities. For
that reason, EPA exempted those units at Sec.  257.50(e).
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    \1\ An ``inactive CCR surface impoundment'' is defined at Sec.
257.53 as a CCR surface impoundment that no longer received CCR on
or after October 19, 2015 and still contains both CCR and liquids on
or after October 19, 2015.
    \2\ An ``active facility or active electric utilities or
independent power producers'' is defined at Sec.  257.53 as any
facility subject to the requirements of this subpart that is in
operation on October 19, 2015. An electric utility or independent
power producer is in operation if it is generating electricity that
is provided to electric power transmission systems or to electric
power distribution systems on or after October 19, 2015. An off-site
disposal facility is in operation if it is accepting or managing CCR
on or after October 19, 2015.
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    The rule was challenged by several parties, including a coalition
of regulated entities and a coalition of environmental organizations
(``Environmental Petitioners''). Environmental Petitioners raised two
challenges that are relevant to this ANPRM: First, they challenged the
provision that allowed existing, unlined surface impoundments to
continue to operate until they exceeded the groundwater protection
standard. See Sec.  257.101(a)(1). They contended that EPA failed to
show how continued operation of unlined impoundments met RCRA's
baseline requirement that any solid waste disposal site pose ``no
reasonable probability of adverse effects on health or the
environment.'' 42 U.S.C. 6944(a). Secondly, Environmental Petitioners
challenged the provisions exempting inactive surface impoundments at
inactive power plants (i.e., ``legacy ponds'') from regulation. The
environmental petitioners argued that legacy ponds are at risk of
unmonitored leaks and catastrophic structural failures. The U.S. Court
of Appeals for the D.C. Circuit issued its decision on August 21, 2018.
The Court upheld most of the rule but ruled for the environmental
petitioners on these two claims. The court held that EPA acted
``arbitrarily and capriciously and contrary to RCRA'' in failing to
require the closure of unlined surface impoundments \3\ and in
exempting inactive surface impoundments at inactive power plants from
regulation. The court ordered that these provisions be vacated and
remanded back to the Agency. Utility Solid Waste Activities Group
(USWAG), et al. v. EPA, 901 F.3d 414 (D.C. Cir. 2018). This decision is
referred to as the `USWAG decision' in this ANPRM.
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    \3\ Unlined CCR surface impoundments were addressed in a
separate regulatory action that was published on August 28, 2020 (85
FR 53516).
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    In overturning the exemption for legacy ponds, the court pointed to
evidence from the 2015 CCR rule that legacy ponds are most likely to be
unlined and unmonitored and have been shown to be more likely to leak
than units at utilities still in operation, therefore these units are
at risk of leaks and catastrophic structural failures. The court stated
that legacy ponds pose the same threats to human health and the
environment as the riskiest coal residuals disposal methods, compounded
by diminished preventative and remediation oversight due to the absence
of an onsite owner and daily monitoring. See 80 FR at 21343 through
21344 (finding that the greatest disposal risks are ``primarily driven
by the older existing units, which are generally unlined''). For these
reasons, the court vacated and remanded the provision of the 2015 CCR
rule that exempted inactive impoundments at inactive facilities from
regulation, at Sec.  257.50(e). Until EPA finalizes amendments to the
regulations to effectuate the court's order, facilities are not legally
obliged to take any action to comply with the federal CCR regulations.
As currently drafted, nothing in Sec.  257.50 would bring inactive
surface impoundments at inactive facilities within the scope of the
federal CCR regulations.

IV. What information is EPA seeking?

    In this action, EPA is seeking additional information related to
inactive surface impoundments at inactive facilities, referred to as
``legacy'' CCR surface impoundments throughout this preamble, to better
inform a future rulemaking. The Agency is seeking input on regulatory
authority and a potential definition of a legacy CCR surface
impoundment. It is also soliciting specific information on the types of
inactive surface impoundments at inactive facilities that might be
considered legacy CCR surface impoundments. In particular, EPA is
requesting information on how many of these units might exist, their
current status (e.g., capped, dry, closed according to state
requirements, still holding water), and names and locations of former
power plants that may have these units and when they closed. Finally,
the Agency is taking comment on which CCR regulations should apply to
legacy CCR surface impoundments and on suggestions for timeframes that
EPA should prescribe for coming into compliance with those regulations.

A. EPA Regulatory Authority

    As discussed in the preamble to the final 2015 CCR rule (80 FR
21302, April 17, 2015), EPA has previously interpreted RCRA subtitle D
to grant it the authority to regulate both active units--i.e., those
landfills and impoundments that receive waste after the effective date
of the regulation--and inactive units--those landfills and impoundments
which ceased receiving waste before the effective date of the
regulation. 80 FR at 21342 through 21346.
    A challenge to this interpretation in the context of EPA's
regulation of inactive units at currently operating power plants in the
2015 CCR rule was rejected by a panel of the D.C. Circuit in Utility
Solid Waste Activities Group, et al. v. EPA, 901 F.3d 414 (D.C. Cir.
2018) (``USWAG decision''), which concluded that ``resolution of this
issue begins and ends with RCRA's plain text.'' Id. at 440. The court
focused on the phrase ``is disposed of'' in the statutory definition of
an open dump, concluding that ``while the `is' retains its active
present tense, the `disposal' takes the form of a past participle
(`disposed').'' In this way the disposal itself can exist (`it is')
even if the act of disposal took place at some prior time.'' Id.
(citations omitted). Based on this reading, the court concluded that
``an open dump includes any facility (other than a sanitary landfill or
hazardous waste disposal facility) where solid waste still `is
deposited,' 'is dumped,' `is spilled,' `is leaked,' or `is placed,'
regardless of when it might originally have been dropped off. In other
words, the waste in an inactive impoundment `is disposed of' at a site
no longer receiving new waste in just the same way that it `is disposed
of' at a site that is still operating.'' Id. The court also opined that
``[e]ven if the text were ambiguous, EPA's interpretation is eminently
reasonable under Chevron step two.'' Id. at 442. Judge Henderson wrote
separately and concluded that ``the text--and more precisely, the
grammatical structure--of RCRA's definition of `open dump' is
temporally ambiguous'' and that EPA's interpretation of its authority
to regulate inactive units was a reasonable interpretation of that
ambiguity under Chevron step two. Id. at 451 (Henderson, J., concurring
in part and concurring in the judgment).
    EPA requests comment on whether, in light of the court's opinion in
the USWAG decision, the Agency has the discretion to reinterpret the
extent of its authority under RCRA subtitle D. See Nat'l Cable &
Telecommunications

Ass'n v. Brand X internet Servs., 545 U.S. 967, 981 (2005). If EPA has
the discretion to revisit its interpretation (including potentially
identifying an alternative basis for not regulating inactive surface
impoundments at inactive facilities (``legacy CCR surface
impoundments'') while addressing the court's concern about risk), EPA
requests comment on whether (and, if so, why) it should interpret its
authority, whether for technical and policy reasons or for other
reasons, to extend only to units that were in operation after November
1980 or to some other smaller set of units. If EPA does not revisit the
extent of its authority to regulate inactive units, EPA requests
comment on how far back in time it should reach and whether EPA should
regulate units differently based on when they became inactive. In
addition, EPA requests comment as to whether EPA's regulation of
inactive units should be limited to only units at former power plants
that sold electric power to the grid or whether it should also reach
units at former power plants that provided power to a single site or
facility. EPA generally requests comment on the technical, policy, and
legal rationales for any distinctions that commenters believe it is
appropriate for EPA to draw in this area or with respect to other
topics that are subject to this advance notice of proposed rulemaking.

B. Definition

    EPA is considering several options to define a legacy CCR surface
impoundment. For example, EPA could define a legacy CCR surface
impoundment as:
    A surface impoundment that is located at a power plant that ceased
generating power prior to October 19, 2015 and
     Option 1--the surface impoundment contained both CCR and
liquids on the effective date of the 2015 CCR rule (i.e., October 19,
2015); or
     Option 2--the surface impoundment contained both CCR and
liquids on the date the Court issued its mandate for the August 21,
2018 court decision (i.e., October 15, 2018); or
     Option 3--the surface impoundment contains both CCR and
liquids on the date EPA issues a final rule bringing legacy CCR surface
impoundments under the federal regulations.
    EPA is specifically requesting comment on these options for the
definition of legacy CCR surface impoundments. EPA provided three
options for the definition of legacy CCR surface impoundment because
the Agency is soliciting comment from the public on which option is
best for this newly regulated universe and when such units contained
both CCR and liquids. EPA does not have an estimated number of units
that would be classified under each definition option at this time.
    Furthermore, EPA requests comment on how the current owner of the
legacy CCR surface impoundment should be defined. In particular, should
there be a definition of innocent owner that would exclude certain
qualifying landowners from regulation? If so, what should be the
criteria? Should, for example, criteria be based on, or similar to, the
criteria for the landowner liability protections under the
Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA), commonly known as Superfund, see, https://www.epa.gov/enforcement/landowner-liability-protections#ild? To the extent that
certain landowners are exempted from the CCR rule requiring owners
ensure impoundments meet the national minimum criteria, how should EPA
address the impoundments under their ownership? Relatedly, for this
potential subset of impoundments and for other, abandoned impoundments
that may still contain CCR and liquids, but do not have an identifiable
owner/operator, or for impoundments whose ownership has been
transferred, should EPA evaluate other authorities, (such as CERCLA),
or state programs, to address those units?

C. Size of Universe

    The USWAG decision referenced a database that identifies legacy
ponds and their owners that was included in the Regulatory Impact
Analysis supporting EPA's Proposed RCRA Regulation of Coal Combustion
Residues.\4\ Upon further examination, it appears that these data
include all the units that the Agency could identify at the time, not
just inactive surface impoundments at inactive facilities.
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    \4\ A copy of Information Request Responses from Electric
Utilities (April 30, 2010) is available in the docket to this
action.
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    EPA is requesting information on any known inactive surface
impoundments at inactive power plants as of the effective date of the
2015 CCR rule, October 19, 2015. For example,
     Plant name (or former plant name);
     Location;
     If known, retirement year of power plant;
     If known, status of unit (e.g., still holding water);
     If known the year the surface impoundment ceased receipt
of waste and whether the unit has gone through any sort of closure
process;
     Any characteristics of the unit (e.g., size, volume); or
     Any other available information about the inactive surface
impoundment.
    Additionally, should there be a size limitation for legacy CCR
surface impoundments?
    Approximately 10 states have reported to EPA that they have
estimated a total of 37 possible legacy CCR surface impoundments within
their states. USWAG, after surveying their members, indicated they know
of 45 units that could possibly be legacy CCR surface impoundments.
Data showing approximately 140 facilities that have been reported to
have one or more CCR units (boilers) retired or gone out of service
between January of 1993 and October of 2015 were provided to EPA by the
Department of Energy (DOE).\5\ Those facilities are assumed to be
closed because they do not have publicly accessible websites posted as
required by the 2015 CCR rule. Some of these facilities may have been
small power plants that did not generate electricity (or electricity
and heat) for sale to the public, so any impoundments at those
facilities would not be covered under 40 CFR part 257, subpart D.
However, EPA could determine to expand the definition of legacy CCR
surface impoundment to cover small power plant facilities that did not
generate electricity for the sale to the public. However, CCR surface
impoundments (if they exist) at the other facilities could potentially
be considered legacy CCR surface impoundments.
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    \5\ These data are from DOE's contractor, Energy Ventures
Analysis, as of March 1, 2019. A copy of ``DOE-Energy Ventures
Analysis Coal Unit Retirements--Historical + Announced March 1,
2019'' is available in the docket for this rulemaking.
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    In this same DOE database, approximately 110 coal units were listed
as retired or otherwise not burning coal but are located at facilities
that have posted a publicly accessible website containing CCR
compliance data and information. Given the existence of those websites,
any potential surface impoundments at facilities with closed units
would already be regulated as inactive impoundments at active
facilities and would not be considered legacy CCR surface impoundments.

D. Applicable Regulations and Time To Come Into Compliance

    The Agency specifically requests comment on which of the
requirements of the 2015 CCR rule should apply to legacy CCR surface
impoundments and

whether other new requirements should apply to legacy CCR surface
impoundments. EPA has tentatively identified certain requirements from
the 2015 CCR rule that should apply to legacy CCR surface impoundments.
    For instance, the establishment of a publicly accessible CCR
website(s) by the companies or States may be appropriate to give the
Agency and public the ability to track groundwater monitoring and
closure progress for these units. The 2015 CCR rule requires that
owners and operators of CCR units establish a publicly accessible
internet site where they are required to post compliance information.
The posting requirements include, for example, compliance information
related to location restrictions, type of liner system, surface
impoundment structural integrity information including hazard potential
classification structural stability and safety factor assessments,
fugitive dust control plans and annual reports, run-on and run-off
controls for landfills, hydrologic and hydraulic capacity plans for
surface impoundments, periodic inspections of CCR units, groundwater
monitoring information including the annual groundwater monitoring and
corrective action reports, and information related to closure or
retrofit of a CCR unit and post-closure care. EPA is also interested in
any potential liabilities associated with generating and maintaining a
public website by owners or operators and local governments.
    Also, because the Agency anticipates that many or all legacy CCR
surface impoundments will be found to be unlined, and thus will be
required to close, the groundwater monitoring, corrective action,
closure and post-closure care requirements would be appropriate. EPA is
requesting comment on who should be responsible for complying with
existing requirements such as groundwater monitoring, corrective
action, closure and post-closure care requirements.
    Another technical requirement that may be appropriate for legacy
CCR surface impoundments would be the fugitive dust requirements. This
is because CCR could become airborne during closure of the unit and
thus effectively minimizing releases would be appropriate.
    However, some CCR rule requirements may not be necessary to apply
to legacy CCR surface impoundments given that the legacy surface
impoundments are no longer receiving waste. For example, certain
location restrictions demonstrations (e.g., whether the legacy surface
impoundment is located in a fault area or seismic impact zone) may not
be a necessary requirement for unlined legacy CCR surface impoundments
because unlined surface impoundments would likely be subject to a
requirement to close.
    Another CCR rule requirement that may not be warranted for unlined
legacy CCR surface impoundments is the provision to provide specific
design and construction information pertaining to the CCR unit. One
example in this provision is to provide area-capacity curves for the
CCR unit, which show the reservoir water surface area at different
water levels and the volume of the water contained in the unit at these
different water elevations. It may not be warranted to require owners
of legacy CCR surface impoundments to expend resources to compile this
information for units likely to be subject to closure.
    There may be additional standards or controls that are not required
under the 2015 CCR rule that may be appropriate for legacy CCR surface
impoundments. For instance, the posting of general information on the
legacy CCR surface impoundment such as size, location, applicable state
requirements, plant information, etc., could be useful.
    The Agency could also consider a site security requirement for the
facility to restrict access to the area containing the legacy CCR
surface impoundment, since active facilities generally have guards and
fencing. The Agency solicits comment on which additional standards or
controls may be appropriate for legacy CCR surface impoundments.
    In addition, EPA will need to determine the compliance deadlines
for CCR surface impoundment regulations. The Agency would likely
consider that a publicly accessible website would be required to be
activated by the effective date of the rule. For other requirements,
the Agency could base the timing on the timeline laid out in the 2015
CCR rule or from subsequent CCR rulemakings,\6\ \7\ \8\ allowing
approximately the same amount of time for legacy CCR surface
impoundments to come into compliance as the active CCR surface
impoundments. However, the timeline specified in the 2015 CCR rule was
based in part on the owner or operator of the unit having to go through
a series of steps to determine if the unit would be required to close.
In the case of unlined inactive CCR surface impoundments at inactive
facilities, it may be reasonable to assume that some owners and
operators of these units have known that they may need to close such
units since October 15, 2018 (i.e., the date the Court issued its
mandate for the August 21, 2018 USWAG decision). Because of this, and
because neither the unit nor the power plant are operating, some owners
and operators may have begun preparing for closure and thus could close
in less time than was EPA has provided for active surface impoundments.
The Agency specifically requests comment on the issue of appropriate
compliance deadlines for the applicable requirements for legacy CCR
surface impoundments. In addition, EPA is requesting comment on the
establishment of publicly accessible websites, and specifically seeking
input of who should establish and host the website, such as an owner or
operator, a state or local government, or EPA.
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    \6\ 81 FR 51807, Aug. 5, 2016.
    \7\ 83 FR 36452, July 30, 2018.
    \8\ 85 FR 53516, Aug. 28, 2020.
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    In cases where significant vegetation or sensitive ecosystems are
in place, should EPA take into account the impacts of disrupting that
ecosystem when determining what actions should be imposed? Can the
agency simply require notice and no further action under some
circumstances? If so, what would those be, and why?

V. Request for Comment and Additional Information

    EPA is seeking comment on all questions and topics described in
this ANPRM, including the questions and issues identified in Unit IV,
and requests that you submit any information, which may not be included
in this document, that you believe is important for EPA to consider in
connection with these questions and topics. At the same time, EPA does
not plan to consider comments that are beyond the scope of the
questions and topics described in this ANPRM.
    Instructions for providing written comments are provided under
ADDRESSES, including how to submit any comments that contain CBI.

VI. What are the next steps EPA will take?

    EPA intends to carefully review all the comments and information
received in response to this ANPRM. Once that review is completed, EPA
may supplement the collected information, as appropriate, to determine
which regulatory criteria should apply to legacy CCR surface
impoundments. The next step will be to submit an information collection
request to OMB, or if EPA determines that additional information is not
needed, EPA will publish a proposed rule with the input from this ANPRM
and other publicly available information. The anticipated date for
issuing the proposed rule is July 2021. At that time, the public will
have

the opportunity to comment on EPA's proposal.

VII. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993) and
Executive Order 13563 (76 FR 3821, January 21, 2011), this action was
submitted to the Office of Management and Budget (OMB) for review. Any
changes made in response to OMB recommendations have been documented in
the docket for this action. Because this action does not impose or
propose any requirements, and instead seeks comments and suggestions
for the Agency to consider in possibly developing a subsequent proposed
rule, other statutory and Executive Order reviews that apply to
rulemaking do not apply to this action. Should EPA subsequently
determine to pursue a rulemaking, EPA will address the statutes and
Executive Order as applicable to the rulemaking.
    Nevertheless, the Agency welcomes comments and/or information that
would help the Agency to assess any of the following: The potential
impact of a rule on small entities pursuant to the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601 et seq.); potential impacts on
federal, state, or local governments pursuant to the Unfunded Mandates
Reform Act ((UMRA) (2 U.S.C. 1531-1538); federalism implications
pursuant to Executive Order 13132, entitled Federalism (64 FR 43255,
November 2, 1999); availability of voluntary consensus standards
pursuant to section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (NTTAA), Public Law 104-113; tribal
implications pursuant to Executive Order 13175, entitled Consultation
and Coordination with Indian Tribal Governments (65 FR 67249, November
6, 2000); environmental health or safety effects on children pursuant
to Executive Order 13045, entitled Protection of Children from
Environmental Health Risks and Safety Risks (62 FR 19885, April 23,
1997); energy effects pursuant to Executive Order 13211, entitled
Actions Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (66 FR 28355, May 22, 2001); Paperwork burdens
pursuant to the Paperwork Reduction Act (PRA) (44 U.S.C. 3501); or
human health or environmental effects on minority or low-income
populations pursuant to Executive Order 12898, entitled Federal Actions
to Address Environmental Justice in Minority Populations and Low-Income
Populations (59 FR 7629, February 16, 1994). The Agency will consider
such comments during the development of any subsequent proposed
rulemaking.

List of Subjects in 40 CFR Part 257

    Environmental protection, Coal combustion products, Coal combustion
residuals, Coal combustion waste, Disposal, Hazardous waste, Landfill,
Surface impoundment.

Andrew Wheeler,
Administrator.
[FR Doc. 2020-22058 Filed 10-13-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 153 (Thursday, August 12, 2021)]
[Notices]
[Pages 44357-44358]
[FR Doc No: 2021-17215]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2017-0652; FRL-8703-01-OCSPP]

Agency Information Collection Activities; Proposed Renewal of an
Existing Collection and Request for Comment; Expanded Access to the
Toxic Substances Control Act (TSCA) Confidential Business Information

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA), this
document announces the availability of and solicits public comment on
an Information Collection Request (ICR) that EPA is planning to submit
to the Office of Management and Budget (OMB). The ICR, entitled:
``Expanded Access to TSCA Confidential Business Information'' and
identified by EPA ICR No. 2570.02 and OMB Control No. 2070-0209,
represents the renewal of an existing ICR that is scheduled to expire
on March 31, 2022. Before submitting the ICR to OMB for review and
approval under the PRA, EPA is soliciting comments on specific aspects
of the information collection that is summarized in this document. The
ICR and accompanying material are available in the docket for public
review and comment.

DATES: Comments must be received on or before October 12, 2021.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2017-0625, online through the Federal
eRulemaking Portal at http://www.regulations.gov. Follow the online
instructions for submitting comments. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.
    Please note that due to the public health concerns related to
COVID-19, the EPA Docket Center (EPA/DC) and Reading Room is closed to
visitors with limited exceptions. The staff continues to provide remote
customer service via email, phone, and webform. For the latest status
information on EPA/DC and docket access, visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Jessica Barkas, PMOD (7408M), Office
of Pollution Prevention and Toxics, Environmental Protection Agency,
1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number:
(202) 250-8880; email address<EMAIL_ADDRESS>    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. What information is EPA particularly interested in?

    Pursuant to the Paperwork Reduction Act (PRA) section 3506(c)(2)(A)
(44 U.S.C. 3506(c)(2)(A)), EPA specifically solicits comments and
information to enable it to:
    1. Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information will have practical utility.
    2. Evaluate the accuracy of the Agency's estimates of the burden of
the proposed collection of information, including the validity of the
methodology and assumptions used.
    3. Enhance the quality, utility, and clarity of the information to
be collected.
    4. Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses. In particular, EPA is requesting comments from
very small businesses (those that employ less than 25) on examples of
specific additional efforts that EPA could make to reduce the paperwork
burden for very small businesses affected by this collection.

II. What information collection activity or ICR does this action apply
to?

    Title: Expanded Access to TSCA Confidential Business Information.
    ICR number: EPA ICR No. 2570.02.
    OMB control number: OMB Control No. 2070-0209.
    ICR status: This ICR is currently scheduled to expire on March 31,
2022. An Agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information, unless it displays
a currently valid OMB control number. The OMB control numbers for EPA's
regulations in title 40 of the Code of Federal Regulations (CFR), after
appearing in the Federal Register when approved, are listed in 40 CFR
part 9, are displayed either by publication in the Federal Register or
by other appropriate means, such as on the related collection
instrument or form, if applicable. The display of OMB control numbers
for certain EPA regulations is consolidated in 40 CFR part 9.
    Abstract: The 2016 amendments to the Toxic Substances Control Act
(TSCA) in the Frank R. Lautenberg Chemical Safety for the 21st Century
Act, expanded the categories of people to whom EPA may disclose TSCA
confidential business information (CBI). The amendments authorize EPA
to disclose TSCA CBI to state, tribal, and local governments;
environmental, health, and medical professionals; and emergency
responders, under certain conditions, including consistency with
guidance that EPA is required to develop. Three guidance documents have
been developed, corresponding to the new authorities in TSCA section
14(d)(4), (5), and (6).
    The conditions for access vary under each of the new provisions,
but generally include the following: Requesters must show that they
have a need for the information related to their employment,
professional, or legal duties; recipients of TSCA CBI are prohibited
from disclosing or permitting further disclosure of the information to
individuals not authorized to receive it (physicians/nurses may
disclose the information to their patient); and except in emergency
situations EPA must

notify the entity that made the CBI claim at least 15 days prior to
disclosing the CBI. In addition, under these new provisions, requesters
(except in some emergency situations) are required to sign an agreement
and may be required to submit a statement of need to EPA.
    In accordance with the requirements of TSCA section 14(c)(4)(B),
the guidance documents cover the content and form of the agreements and
statements required under each provision, and include information on
where and how to submit requests to EPA.
    Burden statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to annual
average 14.8 hours per response. Burden is defined in 5 CFR 1320.3(b).
    The ICR, which is available in the docket along with other related
materials, provides a detailed explanation of the collection activities
and the burden estimate that is only briefly summarized here:
    Respondents/Affected Entities: Entities potentially affected by
this ICR are mainly government employees (federal, state, local,
tribal), as well as medical professionals, such as doctors and nurses.
The NAICS code for health care and social assistance is 62.
    Respondent's obligation to respond: Voluntary.
    Estimated total number of potential respondents: 3.
    Frequency of response: On occasion.
    Estimated total average number of responses for each respondent: 2.
    Estimated total annual burden hours: 89 hours.
    Estimated total annual costs: $5,873.98. This includes an estimated
burden cost of $5,873.98 and an estimated cost of $0 for capital
investment or maintenance and operational costs.

III. Are there changes in the estimates from the last approval?

    There is no change in the estimated total annual burden compared
with that identified in the ICR currently approved by OMB, but there is
an increase in the estimated burden costs and a decrease in the
estimated number of total respondents. The change in estimated cost was
caused by an increase in the hourly wages and a change in the
methodology to calculate loaded wages (wages plus fringe benefits and
overhead), and the change in the estimated number of respondents is
based on EPA experience. This change is an adjustment.
    In addition, this ICR reflects a change in format. OMB has
requested that EPA move towards using the 18-question format for ICR
Supporting Statements used by other federal agencies and departments
and is based on the submission instructions established by OMB in 1995,
replacing the alternate format developed by EPA and OMB prior to 1995.
The Agency does not believe that this change in format resulted in
substantive changes to the information collection activities or related
estimated burden and costs.

IV. What is the next step in the process for this ICR?

    EPA will consider the comments received and amend the ICR as
appropriate. The final ICR package will then be submitted to OMB for
review and approval pursuant to 5 CFR 1320.12. EPA will issue another
Federal Register document pursuant to 5 CFR 1320.5(a)(1)(iv) to
announce the submission of the ICR to OMB and the opportunity to submit
additional comments to OMB. If you have any questions about this ICR or
the approval process, please contact the person listed under FOR
FURTHER INFORMATION CONTACT.
    Authority: 44 U.S.C. 3501 et seq.

    Dated: July 27, 2021.
Michal Freedhoff,
Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.
[FR Doc. 2021-17215 Filed 8-11-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 93 (Wednesday, May 13, 2020)]
[Proposed Rules]
[Pages 28542-28544]
[FR Doc No: 2020-09855]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2018-0955]
RIN 1625-AA09

Drawbridge Operation Regulations; Belle River, LA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the operating schedule that
governs the State Route 70 (SR 70), pontoon bridge across the Belle
River mile 23.8, near Pierre Part, Assumption Parish, Louisiana. The
bridge owner, the Louisiana Department of Transportation and
Development (LA DOTD) provided the Coast Guard with information that
demonstrated that significant vehicle queues were created during
daylight hours in the months June, July and August and that these
queues could be significantly decreased by changing the drawbridge
operating schedule to open the bridge during the day on the hour
instead of on signal as currently prescribed by regulations. This
proposed action is intended to enhance vehicle safety and allow the
bridge owner to effectively manage bridge operations during federal
holidays.

DATES: Comments and related material must be received by the Coast
Guard on or before June 12, 2020.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0955 using Federal eRulemaking Portal at http://www.regulations.gov.
    See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section for further instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Mr. Doug Blakemore, Eighth Coast
Guard District Bridge Administrator; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive Order
FR Federal Register
LA DOTD Louisiana Department of Transportation and Development
OMB Office of Management and Budget
Pub. L. Public Law
NPRM Notice of proposed rulemaking
Sec.  Section
SR State Road
U.S.C. United States Code

II. Background, Purpose and Legal Basis

    LA DOTD has requested to change the operating requirements for the
SR 70 pontoon bridge across the Belle River mile 23.8, near Pierre
Part, Assumption Parish, LA. This bridge currently opens on signal,
except that from 10 p.m. to 6 a.m. the draw shall open on signal if at
least four hour notice is given according to 33 CFR part 117.424. LA
DOTD requested this change because vehicle traffic has become heavily
congested during June, July, and August. This waterway is heavily used
by recreational vessels during the summer months. This bridge has a
vertical clearance of zero feet in the closed to vessel traffic
position and unlimited vertical clearance in the open to vessel traffic
position.
    The Coast Guard allowed LA DOTD to temporarily change the bridge
operating schedule to collect additional vehicle traffic data to
measure the impact of bridge closures on traffic congestion. From 6
a.m. on June 1, 2019 through 6 p.m. on August 31, 2019 the draw was
allowed to open on signal on the hour from 6 a.m. to 10 p.m., and from
10 p.m. to 6 a.m. the draw opened on signal if at least four hour
notice is given. The bridge opened on signal for emergencies.
    The Coast Guard published a Notice of Temporary Deviation from the
regulations and a request for comments concerning these changes on
April 16, 2019 Federal Register Number 2019-07515. The comment period
closed on September 23, 2019. Four comments were received. All
commenters favored changing the regulation.
    After this temporary deviation the bridge returned to its normal
operating schedule. Over this 105 day period LA DOTD measured the
vehicle and vessel queues created when the bridge opened on the hour.
LA DOTDs analysis of this data demonstrated that the average number of
vehicles that were held in queue because of the bridge opening for
vessels was reduced from 105 vehicles to 25 vehicles on average. During
this period there were no vessel queues created by this temporary
operating schedule.
    The Coast Guard is issuing this NPRM under the authority of 33
U.S.C. 499.

III. Discussion of Proposed Rule

    The Coast Guard's decision to promulgate a drawbridge regulation
depends primarily upon the effect of the proposed rule on navigation to
assure that the rule provides for the reasonable needs of navigation
after consideration of the rule on the impact to the public. The Coast
Guard must ensure that bridges across navigable waters do not
unreasonably obstruct waterway traffic and at the same time provide for
the reasonable needs of land traffic. Drawbridge operations must
balance the needs of vessel, vehicle, rail, pedestrian and recreational
traffic in the overall public interest.
    Opening the bridge to vessel traffic on the hour instead of on
signal appears to reduce vehicle queues while not creating vessel
queues. The reduction in vehicle queues enhances safety by preventing
vehicles from backing up on SR 70.
    Since vessel queues were not created during this test the Coast
Guard has determined that this operating schedule continues to provide
vessels with the reasonability to use the waterway.
    Additionally the bridge is required to open for emergencies
according to 33 CFR 117.31.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on these statutes and Executive orders and we discuss
First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB) and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the ability that
vessels can still open the draw and transit given advance notice.
Additionally according to 33 CFR 117.31 (b) the drawtender shall take
all reasonable measures to have the draw opened, regardless of the
operating schedule of the draw, for passage of certain vessels during
emergency situations. We believe this proposed change to the drawbridge
operation regulations at 33 CFR 117.424 will meet the reasonable needs
of navigation.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
    The bridge will continue to open on signal on the hour during most
daylight hours. While some owners or operators of vessels intending to
transit the bridge may be small entities, for the reasons stated in
section IV.A above this proposed rule would not have a significant
economic impact on any vessel owner or operator.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION
CONTACT, above section. The Coast Guard will not retaliate against
small entities that question or complain about this proposed rule or
any policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Government

    A rule has implications for federalism under Executive Order 13132
(Federalism) if it has 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. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule will not
result in such expenditure, we do discuss the effects of this proposed
rule elsewhere in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01, Rev.1, associated implementing
instructions, and Environmental Planning Policy COMDTINST 5090.1
(series), which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f). The
Coast Guard has determined that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule promulgates the
operating regulations or procedures for drawbridges. Normally such
actions are categorically excluded from further review, under paragraph
L49, of Chapter 3, Table 3-1 of the U.S. Coast Guard Environmental
Planning Implementation Procedures.
    Neither a Record of Environmental Consideration nor a Memorandum
for the Record are required for this rule. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
    We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.
    Documents mentioned in this NPRM as being available in this docket
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
1. The authority citation for part 117 continues to read as follows:

    Authority:  33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.

0
2. Revise Sec.  117.424 to read as follows:

Sec.  117.424  Belle River

    The draw of the SR70 bridge, mile 23.8 near Belle River, shall open
on signal; except that, from 10 p.m. to 6 a.m., the draw shall open on
signal if at least four hours notice is given, and from June 1 through
August 31 the draw shall open on signal on the hour from 6 a.m. to 10
p.m. The bridge shall open anytime at the direction of the District
Commander.

    Dated: May 4, 2020.
John P. Nadeau,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2020-09855 Filed 5-12-20; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 78, Number 35 (Thursday, February 21, 2013)]
[Rules and Regulations]
[Pages 11972-11975]
[FR Doc No: 2013-03901]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0036; Directorate Identifier 2009-NM-077-AD;
Amendment 39-17362; AD 2013-04-05]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
The Boeing Company Model 737-200, -200C, -300, -400, and -500 series
airplanes. This AD was prompted by reports of cracks in the skin and
surrounding structure under the number 3 very high frequency (VHF)
antenna on the lower external surface of the airplane at buttock line
0.0, aft of the main landing gear wheel well. This AD requires
inspecting for cracking and corrosion under the number 3 VHF antenna,
and corrective actions if necessary; and, for certain airplanes,
replacing bonded skin panels with solid skin panels if not previously
accomplished. This AD also provides an optional preventive modification
(which would terminate the inspection requirements for certain
airplanes). We are issuing this AD to detect and correct cracks and
corrosion of the skin and surrounding structure under the number 3 VHF
antenna, which could result in separation of the antenna from the
airplane, and rapid depressurization of the airplane.

DATES: This AD is effective March 28, 2013.
    The Director of the Federal Register approved the incorporation by
reference

of certain publications listed in the AD as of March 28, 2013.

ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, Washington. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.

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: Wayne Lockett, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office,
1601 Lind Avenue SW., Renton, Washington 98057-3356; phone: (425) 917-
6447; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a supplemental notice of proposed rulemaking (SNPRM) to
amend 14 CFR part 39 to include an airworthiness directive (AD) that
would apply to the specified products. That SNPRM published in the
Federal Register on March 16, 2012 (77 FR 15640). The original NPRM (75
FR 19564, April 15, 2010) proposed to require inspections for cracking
and corrosion under the number 3 VHF antenna, and corrective actions if
necessary; and, for certain airplanes, replacing bonded skin panels
with solid skin panels if not previously accomplished. The SNPRM
proposed to add an optional preventive modification, which would
terminate the inspection requirements for certain airplanes; change
certain repairs; and add inspections.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the SNPRM (77
FR 15640, March 16, 2012) and the FAA's response to each comment.

Support for the SNPRM (77 FR 15640, March 16, 2012)

    The Boeing Company supports the SNPRM (77 FR 15640, March 16,
2012).

Request To Clarify Required Actions

    United Airlines requested that we revise paragraph (g) of the SNPRM
(77 FR 15640, March 16, 2012) to more clearly indicate what actions are
mandated. United Airlines explained that paragraph 1.E.,
``Compliance,'' of Boeing Special Attention Service Bulletin 737-53-
1287, Revision 1, dated November 15, 2010, provides information in a
tabular format that can be easily misinterpreted, and that for the
initial inspection, the reader can potentially use two of the initial
inspection options without knowing that the third inspection is also
required. As an example, United Airlines explained that in table 1 of
paragraph 1.E., ``Compliance,'' of Boeing Special Attention Service
Bulletin 737-53-1287, Revision 1, dated November 15, 2010, the first
action is to perform external visual inspections, but that action also
directs operators to paragraph 3.B.3.a., which requires external
detailed and external high frequency eddy current (HFEC) inspections.
    We agree to clarify. We have eliminated unnecessary repeated
phrasing (e.g., external detailed, HFEC) from paragraph (g) of this
final rule to indicate those actions that are mandated.
    The second row, first column of table 1 of paragraph 1.E.,
``Compliance,'' of Boeing Special Attention Service Bulletin 737-53-
1287, Revision 1, dated November 15, 2010, identifies that the action
specified in the second, third, and fourth row, second column, is to be
done on all airplanes, and are not optional. All airplanes listed in
the Applicability section of this AD are required to have those actions
completed.
    Also, the reference to the Work Instructions paragraphs (e.g.,
3.B.3.a., 3.B.5.a.) direct operators where to find those specific
actions in the Accomplishment Instructions of the service bulletin.

Request To Delete Requirement

    Southwest Airlines requested that we remove paragraph (h)(2) from
the supplemental NPRM (77 FR 15640, March 16, 2012). That paragraph
proposed to require that operators comply with section 121.1109(c)(2)
or section 129.109(c)(2) of the Federal Aviation Regulations (14 CFR
121.1109(c)(2) or 14 CFR 129.109(c)(2)) and obtain an approved damage
tolerance evaluation for any repair installed. Southwest Airlines
considered that paragraph (h)(2) of the supplemental NPRM contradicts
the following statement in the preamble of the supplemental NPRM:

    Table 10 in paragraph 1.E., ``Compliance,'' of Boeing Special
Attention Service Bulletin 737-53-1287, Revision 1, dated November
15, 2010; and Part 8 of the Accomplishment Instructions of Boeing
Special Attention Service Bulletin 737-53-1287, Revision 1, dated
November 15, 2010; specify post-repair/modification inspections at
the number 3 VHF antenna location, which may be used in support of
compliance with section 121.1109(c)(2) or 129.109(c)(2) of the
Federal Aviation Regulations (14 CFR 121.1109(c)(2) or
129.109(c)(2)), but this supplemental NPRM does not propose to
require those post-repair/modification inspections.

Southwest Airlines reasoned that the requirement to have a damage
tolerance assessment is already mandated by 14 CFR 121.1109, and it is
not necessary to require this in the supplemental NPRM.
    We agree with the commenter's request. We have added new paragraph
(i) to this final rule and deleted paragraph (h)(2) of the supplemental
NPRM (77 FR 15640, March 16, 2012)) to clarify that the post-repair/
modification inspections are not required by this AD. We also removed
the reference to Table 10 of paragraph 1.E., Compliance, of Boeing
Special Attention Service Bulletin 737-53-1287, Revision 1, dated
November 15, 2010, and clarified that Part 8 of the Accomplishment
Instructions of Boeing Special Attention Service Bulletin 737-53-1287,
Revision 1, dated November 15, 2010, is the appropriate reference for
the damage tolerance inspections. We have also changed 129.109(c)(2) to
129.109(b)(2) in Note 1 to paragraph (i) of this final rule.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
the AD with the changes described previously--and minor editorial
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
supplemental NPRM (77 FR 15640, March 16, 2012) for correcting the
unsafe condition; and

     Do not add any additional burden upon the public than was
already proposed in the supplemental NPRM (77 FR 15640, March 16,
2012).
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of the AD.

Costs of Compliance

    We estimate that this AD affects 629 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Number of U.S.-
            Action                Labor cost         Parts cost     Cost per product    registered                  Cost on U.S. operators
                                                                                airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspection...................  Up to 13 work-    None.............  Up to $1,105 per             629  Up to $695,045 per inspection cycle.
                                hours x $85 per                      inspection
                                hour = Up to                         cycle.
                                $1,105 per
                                inspection
                                cycle.
Concurrent replacement for     2,112 work-hours  $35,000..........  $214,520........             387  $83,019,240.
 Group 2 and Group 7            x $85 per hour
 airplanes [sup1].              = $179,520.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The concurrent modification for Group 2 and Group 7 airplanes required by this AD is already required by AD 90-06-02, Amendment 39-6489 (55 FR 8372,
  March 7, 1990). AD 90-06-02 mandated the skin replacement within 20 years of the manufacture date of the airplane. All Group 2 and Group 7 airplanes
  have exceeded the 20-year threshold.

    We have received no definitive data that would enable us to provide
a cost estimate for the on-condition actions specified in this AD.

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 adding the following new airworthiness
directive (AD):

2013-04-05 The Boeing Company: Amendment 39-17362; Docket No. FAA-
2010-0036; Directorate Identifier 2009-NM-077-AD.

(a) Effective Date

    This AD is effective March 28, 2013.

(b) Affected ADs

    AD 90-06-02, Amendment 39-6489 (55 FR 8372, March 7, 1990),
affects this AD.

(c) Applicability

    This AD applies to The Boeing Company Model 737-200, -200C, -
300, -400, and -500 series airplanes, certificated in any category,
as identified in Boeing Special Attention Service Bulletin 737-53-
1287, Revision 1, dated November 15, 2010.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 53: Fuselage.

(e) Unsafe Condition

    This AD was prompted by reports of cracks of the skin and
surrounding structure under the number 3 very high frequency (VHF)
antenna on the lower external surface of the airplane at buttock
line 0.0, aft of the main landing gear wheel well. We are issuing
this AD to detect and correct cracks and corrosion of the skin and
surrounding structure under the number 3 VHF antenna, which could
result in separation of the antenna from the airplane, and rapid
depressurization of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Inspections

    Except as required by paragraph (j)(1) of this AD, at the
applicable times specified in tables 1 through 9 of paragraph 1.E.,
``Compliance,'' of Boeing Special Attention Service Bulletin 737-53-
1287, Revision 1, dated November 15, 2010: Do the applicable
inspections (external detailed; external high frequency eddy current
(HFEC); and internal detailed and HFEC) for cracks and corrosion in
the skin, support, frames, stringers, or antenna, as applicable. Do
the inspections in accordance with Parts 1, 3, 4, and 5 of the
Accomplishment Instructions of Boeing Special Attention Service
Bulletin 737-53-1287, Revision 1, dated November 15, 2010, except as
required by paragraphs (j)(2) and (j)(3) of this AD. Repeat the
applicable

inspections thereafter at the applicable times specified in tables 1
through 9 of paragraph 1.E., ``Compliance,'' of Boeing Special
Attention Service Bulletin 737-53-1287, Revision 1, dated November
15, 2010, until the actions specified in paragraph (k) of this AD
are done.

(h) Repair

    If any crack or corrosion is found during any inspection
required by paragraph (g) of this AD: Repair before further flight,
in accordance with the Accomplishment Instructions of Boeing Special
Attention Service Bulletin 737-53-1287, Revision 1, dated November
15, 2010, except as required by paragraphs (j)(2) and (j)(3) of this
AD. Repair of any crack or corrosion terminates the repetitive
inspection requirements of paragraph (g) of this AD for the repaired
area only.

(i) No Post Repair/Modification Inspections

    The post-repair/modification inspections specified in Part 8 of
the Accomplishment Instructions of Boeing Special Attention Service
Bulletin 737-53-1287, Revision 1, dated November 15, 2010, are not
required by this AD.

    Note 1 to paragraph (i) of this AD: The damage tolerance
inspections specified in Part 8 of the Accomplishment Instructions
of Boeing Special Attention Service Bulletin 737-53-1287, Revision
1, dated November 15, 2010, may be used in support of compliance
with section 121.1109(c)(2) or 129.109(b)(2) of the Federal Aviation
Regulations (14 CFR 121.1109(c)(2) or 14 CFR 129.109(b)(2)). The
actions specified in Part 8 of the Accomplishment Instructions and
corresponding figures of Boeing Special Attention Service Bulletin
737-53-1287, Revision 1, dated November 15, 2010, are not required
by this AD.

(j) Exceptions

    (1) Where Boeing Special Attention Service Bulletin 737-53-1287,
Revision 1, dated November 15, 2010, specifies a compliance time
``after the original issue date of this service bulletin,'' this AD
requires compliance within the specified compliance time after the
effective date of this AD.
    (2) Where Boeing Special Attention Service Bulletin 737-53-1287,
Revision 1, dated November 15, 2010, specifies contacting Boeing for
inspection or repair instructions: Do the applicable action using a
method approved in accordance with the procedures specified in
paragraph (n) of this AD.
    (3) For Group 7 airplanes, as identified in paragraph 1.A.,
``Effectivity,'' of Boeing Special Attention Service Bulletin 737-
53-1287, Revision 1, dated November 15, 2010: Use the applicable
instructions for Group 2, Configuration 1, 2, or 3 airplanes, as
identified in Boeing Special Attention Service Bulletin 737-53-1287,
Revision 1, dated November 15, 2010.

(k) Optional Terminating Action

    For Groups 1, 2, 3, 4, 6, and 7 airplanes, as identified in
Boeing Special Attention Service Bulletin 737-53-1287, Revision 1,
dated November 15, 2010: Except as provided by paragraphs (j)(2) and
(j)(3) of this AD, accomplishment of the preventive modification,
including all applicable HFEC and detailed inspections for cracking
or corrosion inside or outside the repair skin cutout area, in the
frame fastener holes, or in the support channel; and all applicable
repairs or replacements; as specified in the Accomplishment
Instructions of Boeing Special Attention Service Bulletin 737-53-
1287, Revision 1, dated November 15, 2010, terminates the repetitive
inspection requirements of paragraph (g) of this AD.

(l) Concurrent Skin Panel Replacement

    For Groups 2 and 7 airplanes, as identified in Boeing Special
Attention Service Bulletin 737-53-1287, Revision 1, dated November
15, 2010: Before or concurrently with accomplishing the requirements
of paragraph (g) of this AD, do the replacement of the bonded skin
panels with solid skin panels, in accordance with the Accomplishment
Instructions of Boeing Service Bulletin 737-53A1042, Revision 9,
dated July 25, 1991, except as required by paragraph (j)(3) of this
AD. The actions specified in paragraph (l) of this AD are also
required by AD 90-06-02, Amendment 39-6489 (55 FR 8372, March 7,
1990).

(m) Credit for Previous Actions

    (1) This paragraph provides credit for the replacement required
by paragraph (l) of this AD, if the replacement of bonded skin
panels with solid skin panels was performed before the effective
date of this AD using the service information identified in
paragraphs (m)(1)(i), (m)(1)(ii), (m)(1)(iii), and (m)(1)(iv) of
this AD.
    (i) Boeing Service Bulletin 737-53A1042, Revision 5, dated
October 5, 1984.
    (ii) Boeing Service Bulletin 737-53A1042, Revision 6, dated
August 10, 1989.
    (iii) Boeing Service Bulletin 737-53A1042, Revision 7, dated
October 19, 1989.
    (iv) Boeing Service Bulletin 737-53A1042, Revision 8, dated July
19, 1990.
    (2) This paragraph provides credit for the inspections required
by paragraph (g) of this AD, if the inspections were performed
before the effective date of this AD using Boeing Special Attention
Service Bulletin 737-53-1287, dated March 11, 2009.

(n) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in the Related Information
section of this AD. Information may be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your Principal
Maintenance Inspector or Principal Avionics Inspector, as
appropriate, or lacking a principal inspector, your local Flight
Standards District Office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD if it is approved by the
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that has been authorized by the Manager, Seattle ACO, to make
those findings. For a repair method to be approved, the repair must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.

(o) Related Information

    (1) For more information about this AD, contact Wayne Lockett,
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle ACO,
1601 Lind Avenue SW., Renton, Washington 98057-3356; phone: 425-917-
6447; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone
206-544-5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may review copies of the referenced
service information at the FAA, Transport Airplane Directorate, 1601
Lind Avenue SW., Renton, Washington. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

(p) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) under 5 U.S.C. 552(a) and 1 CFR
part 51.
    (2) You must use the following service information to do the
actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Special Attention Service Bulletin 737-53-1287,
Revision 1, dated November 15, 2010.
    (ii) Boeing Service Bulletin 737-53A1042, Revision 9, dated July
25, 1991.
    (3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com.
    (4) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.
    (5) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on February 1, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-03901 Filed 2-20-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: June 3, 2009 (Volume 74, Number 105)]
[Notices]
[Page 26722-26723]
[DOCID:fr03jn09-94]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID: FEMA-2009-0001]

Agency Information Collection Activities: Submission for OMB
Review; Comment Request

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice; 30-day notice and request for comments; revision of a
currently approved information collection; OMB No. 1660-0001; FEMA Form
646-0-1 (new number assignment replacing FEMA Form 85-3), National
Defense Executive Reserve Personal Qualifications Statement.

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

SUMMARY: The Federal Emergency Management Agency (FEMA) has submitted
the information collection abstracted below to the Office of Management
and Budget for review and clearance in accordance with the requirements
of the Paperwork Reduction Act of 1995. The submission describes the
nature of the information collection, the categories of

respondents, the estimated burden (i.e., the time, effort and resources
used by respondents to respond) and cost, and includes the actual data
collection instruments FEMA will use.

DATES: Comments must be submitted on or before July 6, 2009.

ADDRESSES: Submit written comments on the proposed information
collection to the Office of Information and Regulatory Affairs, Office
of Management and Budget. Comments should be addressed to the Desk
Officer for the Department of Homeland Security, Federal Emergency
Management Agency, and sent via electronic mail to
<EMAIL_ADDRESS>or faxed to<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or
copies of the information collection should be made to Director,
Records Management Division, 1800 South Bell Street, Arlington, VA
20598-3005, facsimile number<PHONE_NUMBER>, or e-mail address FEMA-
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Collection of Information

    Title: National Defense Executive Reserve Personal Qualifications
Statement.
    Type of information collection: Revision of a currently approved
information collection.
    OMB Number: 1660-0001.
    Form Titles and Numbers: FEMA Form 646-0-1 (new number assignment
replacing FEMA Form 85-3), National Defense Executive Reserve Personal
Qualifications Statement.
    Abstract: FEMA Form 646-0-1, National Defense Executive Reserve
Personal Qualifications Statement, is an application form that is used
by Federal departments and agencies to fill NDER vacancies. To become a
Reservist, individuals with the requisite qualifications must complete
the application form. FEMA serves as the NDER coordinator for all
Federal departments and agencies, ensuring that applicants are not
already serving in a Federal department or agency sponsored unit and
determines the Federal department or agency best suited for the
applicant.
    Affected Public: ``Individuals or households''.
    Estimated Number of Respondents: 10.
    Frequency of Response: Once.
    Estimated Average Hour Burden per Respondent: .5 hours.
    Estimated Total Annual Burden Hours: 5 hours.
    Estimated Cost: There is no annual reporting or recordkeeping costs
associated with this collection.

Larry Gray,
Director, Records Management Division, Office of Management, Federal
Emergency Management Agency, Department of Homeland Security.
[FR Doc. E9-12828 Filed 6-2-09; 8:45 am]

BILLING CODE 9111-23-P


[Federal Register: July 3, 2008 (Volume 73, Number 129)]
[Notices]
[Page 38260]
[DOCID:fr03jy08-106]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58043; File No. SR-ODD-2008-02]

Self-Regulatory Organizations; The Options Clearing Corporation;
Order Granting Approval of Accelerated Delivery of Supplement to the
Options Disclosure Document Reflecting Changes to Disclosure Regarding
Certain Binary Stock and Index Options, Range Options and Delayed Start
Options

June 26, 2008.
    On June 9, 2008, The Options Clearing Corporation (``OCC'')
submitted to the Securities and Exchange Commission (``Commission''),
pursuant to Rule 9b-1 under the Securities Exchange Act of 1934
(``Act''),\1\ five preliminary copies of a supplement to its options
disclosure document (``ODD'') reflecting changes to disclosure
regarding certain binary options on stock and broad-based indexes,
range options and delayed start options (``DSOs'').\2\ On June 26,
2008, the OCC submitted to the Commission five definitive copies of the
supplement.\3\
---------------------------------------------------------------------------

    \1\ 17 CFR 240.9b-1.
    \2\ See letter from Jean M. Cawley, Senior Vice President and
Deputy General Counsel, OCC, to Sharon Lawson, Senior Special
Counsel, Division of Trading and Markets (``Division''), Commission,
dated June 9, 2008.
    \3\ See letter from Jean M. Cawley, Senior Vice President and
Deputy General Counsel, OCC, to Sharon Lawson, Senior Special
Counsel, Division, Commission, dated June 25, 2008.
---------------------------------------------------------------------------

    The ODD currently contains general disclosures on the
characteristics and risks of trading standardized options. Recently,
the Chicago Board Options Exchange, Incorporated (``CBOE'') amended its
rules to permit the listing and trading of certain binary index
options.\4\ The CBOE also recently amended its rules to permit the
listing and trading of range options.\5\ The proposed supplement amends
the ODD to accommodate these changes by providing disclosure regarding
certain binary stock and index options, range options and DSOs.\6\
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 57850 (May 22,
2008), 73 FR 31169 (May 30, 2008) (SR-CBOE-2006-105). CBOE Rule
22.3(a) permits it to trade binary options on any broad-based index
that has been selected in accordance with CBOE Rule 24.2.
    \5\ See Securities Exchange Act Release No. 57376 (February 25,
2008), 73 FR 11689 (March 4, 2008) (SR-CBOE-2007-104). CBOE Rule
20.3(a) permits it to trade range options on any index that is
eligible for options trading on CBOE.
    \6\ The proposed June supplement supersedes and replaces the
April 2008 supplement to the ODD to accommodate the approval of
trading of certain binary index options and range options. See notes
4 and 5, supra. The April 2008 supplement contained disclosure on
binary options on individual equity securities, including exchange-
traded funds, and DSOs, which were previously approved for trading
by the Commission. See Securities Exchange Act Release No. 56251
(August 14, 2007), 72 FR 46523 (August 20, 2007) (SR-Amex-2004-27)
(order approving the listing and trading of binary options on
individual stocks and exchange-traded funds, also known as fixed
return options) and Securities Exchange Act Release No. 56855
(November 28, 2007), 72 FR 68610 (December 5, 2007) (CBOE-2006-90)
(order approving the listing and trading of DSOs).
---------------------------------------------------------------------------

    Specifically, the proposed supplement to the ODD adds new
disclosure regarding the characteristics of binary index options on
broad-based indexes as well as the special risks of these binary index
options. The proposed supplement to the ODD also adds new disclosure
regarding the characteristics and special risks of range options.
Finally, the proposed supplement makes disclosures regarding the
characteristics and special risks of binary stock options and DSOs.\7\
The proposed supplement is intended to be read in conjunction with the
more general ODD, which, as described above, discusses the
characteristics and risks of options generally.\8\
---------------------------------------------------------------------------

    \7\ The Commission notes that the disclosure regarding binary
stock options and DSOs in the proposed June supplement is
substantially similar to that provided in the April 2008 supplement.
    \8\ The Commission notes that the options markets must continue
to ensure that the ODD is in compliance with the requirements of
Rule 9b-1(b)(2)(i) under the Act, 17 CFR 240.9b-1(b)(2)(i),
including when future changes regarding binary index options, range
options and/or DSOs are made. Any future changes to the rules of the
options markets concerning binary index options, range options and/
or DSOs would need to be submitted to the Commission under Section
19(b) of the Act. 15 U.S.C. 78s(b).
---------------------------------------------------------------------------

    Rule 9b-1(b)(2)(i) under the Act \9\ provides that an options
market must file five copies of an amendment or supplement to the ODD
with the Commission at least 30 days prior to the date definitive
copies are furnished to customers, unless the Commission determines
otherwise, having due regard to the adequacy of information disclosed
and the public interest and protection of investors.\10\ In addition,
five copies of the definitive ODD, as amended or supplemented, must be
filed with the Commission not later than the date the amendment or
supplement, or the amended options disclosure document, is furnished to
customers. The Commission has reviewed the proposed supplement and
finds, having due regard to the adequacy of information disclosed and
the public interest and protection of investors, that the proposed
supplement may be furnished to customers as of the date of this order.
---------------------------------------------------------------------------

    \9\ 17 CFR 240.9b-1(b)(2)(i).
    \10\ This provision permits the Commission to shorten or
lengthen the period of time which must elapse before definitive
copies may be furnished to customers.
---------------------------------------------------------------------------

    It is therefore ordered, pursuant to Rule 9b-1 under the Act,\11\
that definitive copies of the proposed supplement to the ODD (SR-ODD-
2008-02), reflecting changes to disclosure regarding certain binary
stock and index options, range options and DSOs may be furnished to
customers as of the date of this order.
---------------------------------------------------------------------------

    \11\ 17 CFR 240.9b-1.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

    \12\ 17 CFR 200.30-3(a)(39).
---------------------------------------------------------------------------

Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-15102 Filed 7-2-08; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: August 18, 2008 (Volume 73, Number 160)]
[Notices]
[Page 48235]
[DOCID:fr18au08-78]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[FEMA-1766-DR]

Indiana; Amendment No. 17 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Indiana (FEMA-1766-DR), dated June 8, 2008, and
related determinations.

DATES: Effective Date: August 6, 2008.

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

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Indiana is hereby amended to include the following
area among those areas determined to have been adversely affected by
the catastrophe declared a major disaster by the President in his
declaration of June 8, 2008.

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

R. David Paulison,
Administrator, Federal Emergency Management Agency.
[FR Doc. E8-19005 Filed 8-15-08; 8:45 am]

BILLING CODE 9110-10-P