[Federal Register Volume 83, Number 147 (Tuesday, July 31, 2018)]
[Proposed Rules]
[Pages 36844-36848]
[FR Doc No: 2018-16244]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-2002-0001; FRL-9981-51--Region 4]

National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List: Deletion of the Reasor Chemical Company
Superfund Site

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; notice of intent.

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SUMMARY: The Environmental Protection Agency (EPA) Region 4 is issuing
a Notice of Intent to Delete the Reasor Chemical Company Superfund Site
(site) located in Castle Hayne, New Hanover County, North Carolina,
from the National Priorities List (NPL) and requests public comments on
this proposed action. The NPL, promulgated pursuant to section 105 of
the Comprehensive Environmental Response, Compensation, and Liability
Act (CERCLA) of 1980, as amended, is an appendix of the National Oil
and Hazardous Substances Pollution Contingency Plan (NCP). The EPA and
the State of North Carolina, through the North Carolina Department of
Environmental Quality (NCDEQ), have determined that all appropriate
response actions under CERCLA have been completed. However, this
deletion does not preclude future actions under Superfund.

DATES: Comments must be received by August 30, 2018.

ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-
SFUND-2002-0001, by one of the following methods:
     http://www.regulations.gov. Follow the online instructions
for submitting comments. Once submitted, comments cannot be edited or
removed from Regulations.gov. The EPA may publish any comment received
to its public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
     Email: [email protected].
     Mail: Samantha Urquhart-Foster, Remedial Project Manager,
Remediation and Site Evaluation Branch, Superfund Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street SW,
Atlanta, Georgia 30303-8960.
     Hand delivery: U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta, Georgia 30303-8960. Such
deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID no. EPA-HQ-SFUND-
2002-0001. The http://www.regulations.gov website is an ``anonymous
access'' system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an email comment directly to EPA without going through http://www.regulations.gov, your email address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment. Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other

material, such as copyrighted material, will be publicly available only
in the hard copy. Publicly available docket materials are available
either electronically in http://www.regulations.gov or in hard copy at:
     U.S. EPA Record Center, attention: Ms. Tina Terrell,
Atlanta Federal Center, 61 Forsyth Street SW, Atlanta, Georgia 30303-
8960. Phone:<PHONE_NUMBER>. Hours: 8 a.m.-4 p.m., Monday through Friday
by appointment only; and
     New Hanover County Library, 201 Chestnut Street,
Wilmington, North Carolina 28401. Phone:<PHONE_NUMBER>. Hours: 9 a.m.-5
p.m., Monday through Saturday.

FOR FURTHER INFORMATION CONTACT: Samantha Urquhart-Foster, Remedial
Project Manager, Remediation and Site Evaluation Branch, Superfund
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303-8960. Phone:<PHONE_NUMBER>, email:
[email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Site Deletion

I. Introduction

    EPA Region 4 announces its intent to delete the Reasor Chemical
Company Superfund Site from the National Priorities List (NPL) and
requests public comment on this proposed action. The NPL constitutes
Appendix B of 40 CFR part 300 which is the National Oil and Hazardous
Substances Pollution Contingency Plan (NCP), which EPA promulgated
pursuant to section 105 of the Comprehensive Environmental Response,
Compensation and Liability Act (CERCLA) of 1980, as amended. EPA
maintains the NPL as the list of sites that appear to present a
significant risk to public health, welfare, or the environment. Sites
on the NPL may be the subject of remedial actions financed by the
Hazardous Substance Superfund (Fund). As described in 40 CFR
300.425(e)(3) of the NCP, sites deleted from the NPL remain eligible
for Fund-financed remedial actions if future conditions warrant such
actions.
    EPA will accept comments on the proposal to delete this site for
thirty (30) days after publication of this document in the Federal
Register.
    Section II of this document explains the criteria for deleting
sites from the NPL. Section III discusses procedures that EPA is using
for this action. Section IV discusses the Reasor Chemical Company
Superfund Site and demonstrates how it meets the deletion criteria.

II. NPL Deletion Criteria

    The NCP establishes the criteria that EPA uses to delete sites from
the NPL. In accordance with 40 CFR 300.425(e), sites may be deleted
from the NPL where no further response is appropriate. In making such a
determination pursuant to 40 CFR 300.425(e), EPA will consider, in
consultation with the State, whether any of the following criteria have
been met:
    i. Responsible parties or other persons have implemented all
appropriate response actions required;
    ii. all appropriate Fund-financed response under CERCLA has been
implemented, and no further response action by responsible parties is
appropriate; or
    iii. the remedial investigation has shown that the release poses no
significant threat to public health or the environment and, therefore,
the taking of remedial measures is not appropriate.

III. Deletion Procedures

    The following procedures apply to deletion of the Site:
    (1) EPA consulted with the State before developing this Notice of
Intent to Delete;
    (2) EPA has provided the State 30 working days for review of this
notice prior to publication of it today;
    (3) In accordance with the criteria discussed above, EPA has
determined that no further response is appropriate;
    (4) The State of North Carolina, through the NCDEQ, has concurred
with deletion of the Site from the NPL.
    (5) Concurrently with the publication of this Notice of Intent to
Delete in the Federal Register, a notice is being published in a major
local newspaper, the Wilmington Star-News. The newspaper notice
announces the 30-day public comment period concerning the Notice of
Intent to Delete the site from the NPL.
    (6) The EPA placed copies of documents supporting the proposed
deletion in the deletion docket and made these items available for
public inspection and copying at the Site information repositories
identified above.
    If comments are received within the 30-day public comment period on
this document, EPA will evaluate and respond appropriately to the
comments before making a final decision to delete. If necessary, EPA
will prepare a Responsiveness Summary to address any significant public
comments received. After the public comment period, if EPA determines
it is still appropriate to delete the Site, the Regional Administrator
will publish a final Notice of Deletion in the Federal Register. Public
notices, public submissions and copies of the Responsiveness Summary,
if prepared, will be made available to interested parties and in the
site information repositories listed above.
    Deletion of a site from the NPL does not itself create, alter, or
revoke any individual's rights or obligations. Deletion of a site from
the NPL does not in any way alter EPA's right to take enforcement
actions, as appropriate. The NPL is designed primarily for
informational purposes and to assist EPA management. Section
300.425(e)(3) of the NCP states that the deletion of a site from the
NPL does not preclude eligibility for future response actions, should
future conditions warrant such actions.

IV. Basis for Site Deletion

    The following information provides EPA's rationale for deleting the
Site from the NPL:

Site Background and History

    The Reasor Chemical Company Site (EPA ID: NCD986187094) is located
at 5100 North College Road (Hwy. 132), in Castle Hayne, New Hanover
County, North Carolina. Castle Hayne is approximately 13 miles north of
Wilmington, NC. The site is an abandoned stump rendering facility,
which operated from 1959 to 1972 under the name of Reasor Chemical
Company. The site property consists of one parcel of 25.59 acres. A
fire and possible explosion occurred on the property on April 7, 1972,
which damaged and destroyed the remaining buildings and material on the
site property. The property currently is unused, unoccupied, and
covered with native brush and secondary growth forest.
    The former Reasor Chemical Company reportedly produced turpentine,
pine resin, pitch, tall oil, pine oil, camphor, pine tar, and charcoal
from pine tree stumps. It is believed that the facility used various
solvents to extract raw product from chipped stumps, distilling the
extract into separate product fractions. The solvents used in the
extraction process were likely stored on-site in 55-gallon drums, the
remains of which were in a surface drum disposal area near the center
of the property. It is thought that four of the five onsite ponds were
used in the manufacturing process. Those four ponds contained sediments
with elevated concentrations of volatile organic compounds (VOCs),
semi-

volatile organic compounds (SVOCs) including polycyclic aromatic
hydrocarbons (PAHs), and inorganic compounds. An area thought to have
been used to store scrap copper metal was also present, which had
elevated concentrations of copper and lead.
    EPA proposed listing the site on the NPL on September 13, 2001 (66
FR 47612), and finalized the listing on September 5, 2002 (67 FR
56757). The property is currently undeveloped. The Site is currently
zoned industrial.

Remedial Investigation and Feasibility Study (RI/FS)

    During 1996 through 2002, Roy F. Weston, Inc. (WESTON) performed
the Remedial Investigation/Feasibility Study (RI/FS) for EPA. During
2000 through 2002, EPA Region 4's Science and Ecosystem Support
Division (SESD) completed the Ecological Risk Assessment (ERA).
Investigations at the site revealed the presence of metals, VOCs, and
SVOCs above risk-based screening values.
    The human health risk assessment identified risks for potential
future on-site workers and residents. These risks were primarily
associated with drinking shallow groundwater and ingestion of or dermal
contact with soils. The ecological risk assessment indicated that risks
were posed to ecological receptors from contact with or ingestion of
surface water, soil, and sediment.

Selected Remedy

    EPA's Record of Decision (ROD) was signed on September 26, 2002,
and the North Carolina Department of Environment and Natural Resources,
(now known as the North Carolina Department of Environmental Quality
(NCDEQ)), concurred with the selected remedy. EPA revised the remedy in
a ROD Amendment dated June 1, 2007. The amended selected remedy
included the following:
     Soil and sediment: Excavation and off-site disposal,
backfill the excavated soil areas and vegetate with native plant
species, and return the former ponds to wetland habitats.
     Surface water: On-site treatment and disposal.
     Groundwater: Backfill the drum disposal area with an
alkaline substance to raise the pH of shallow groundwater, perform
annual monitoring of groundwater to determine if contaminants of
concern (COCs) continue to be elevated, and attach a ``Declaration of
Perpetual Land Use Restrictions'' to the property title that prohibits
the use of shallow groundwater for any purpose.
    The Remedial Action Objectives (RAOs) for the site were:
     Sediment: Prevent further migration of contaminants from
sediment to groundwater and surface water above levels exceeding
groundwater and surface water clean-up goals; eliminate exposure of
ecological receptors to contaminated sediment; achieve ecological risk-
based sediment clean-up goals for: Methyl ethyl ketone, toluene, (3
and/or 4)-methylphenol, total PAHs, and copper.
     Surface water: Prevent further migration of contaminants
above clean-up goals from Ponds 1, 2, 3 and 4, to soil, groundwater and
down-gradient surface water bodies; eliminate exposure to contaminated
surface water above levels exceeding clean-up goals by aquatic
receptors; achieve the North Carolina Surface Water Quality Standards
(NCAC Title 15A, Chapter 2, Subchapter 2B.0100 and 2B.0200) in Ponds 1,
2, 3 and 4 for: Copper, lead, iron and zinc.
     Soil: Prevent further migration of contaminants from soil
to groundwater and surface water above levels exceeding groundwater and
surface water clean-up goals; eliminate unacceptable risk to human
health and the environment; achieve the human health and ecological
risk based clean-up goals for: Benzo(a)pyrene, benzo(b &/or
k)fluoranthene, dibenzo(a,h) anthracene, antimony, copper and lead.
     Groundwater: Prevent human consumption of contaminated
groundwater until risk-based standards for aluminum, and Safe Drinking
Water Act's Maximum Contaminant Levels (MCLs) for beryllium, chromium
and nickel, are attained.

Response Actions

    The Remedial Design (RD) was completed by EPA between September
2002 and January 2004. EPA and the Potentially Responsible Parties
(PRPs) entered a Consent Decree in which the PRPs agreed to conduct the
Remedial Action (RA). The PRPs began the RA on June 4, 2007 utilizing
the remedial actions outlined in the 2007 ROD Amendment. Apex
Companies, LLC (Apex) was retained by the PRPs and performed all the of
the RA work described below. The RA for soil, sediment and surface
water was completed in July 2007 and the Preliminary Close-Out Report
was issued in September 2007. The Interim Remedial Action and Final
Remediation Report, Revision 3, was issued in August 2008.
    Approximately 140,000 gallons of contaminated water was treated and
discharged on site. Approximately 2,000 tons of contaminated soils and
sediments were excavated and disposed of in off-site landfills. After
excavation and confirmation sampling, the ponds were allowed to
naturally refill with water and vegetate. The soil excavation areas
were backfilled and allowed to naturally vegetate. Lime was applied in
the area of monitoring wells MW-7S and MW-7D in order to increase the
groundwater pH. Increasing the pH of groundwater is intended to lower
concentrations of metals in the groundwater in this area. Institutional
controls in the form of a Declaration of Perpetual Land Use Restriction
were filed with the property deed in 2008.
    Annual sampling of groundwater monitoring wells MW-7S and MW-7D was
performed when appropriate pH and turbidity levels permitted.
Collection of samples for laboratory analysis was only required if the
pH was between 7.2 and 8.5 using best efforts to reduce turbidity.
Annual sampling events were attempted on February 11, 2008, January 28,
2009, December 7, 2009, and November 2, 2010. However, samples were not
collected during any of the annual sampling events due to pH conditions
recorded below 7.2 units.
    Apex returned to the site on May 18, 2011, to complete a
groundwater sampling event in accordance with the Amended ROD, which
stated that regardless of the pH levels, samples were to be collected
within five years after initiation of remedial action. The sampling
event was conducted with the intent that EPA could determine if the
clean-up goals had been achieved.
    Based on the groundwater quality results from the May 18, 2011,
sampling event, remedial actions had been successful in achieving the
cleanup goals for beryllium and nickel in groundwater. However,
elevated concentrations of aluminum and chromium were still present
above the cleanup goals. Based on past groundwater sampling results at
the site, there is a direct correlation between low sample pH, high
sample turbidity, and elevated metal concentrations. Apex returned to
the site on November 12, 2012, to sample for metals in MW-7D and MW-7S,
collecting both an unfiltered and filtered sample to address turbidity.
Due to a malfunctioning pump at MW-7S, only MW-7D could be sampled on
November 12, 2012. Elevated concentrations of aluminum and chromium
were still present above the Amended ROD RAOs established for the site
in the unfiltered sample; however, metal concentrations were below
Amended ROD RAOs established for the site in the filtered sample.

    Apex conducted groundwater assessment activities at the site in
December 2015 and January 2016 to fulfill the requirements of the
Amended ROD. The activities included the advancement of two groundwater
monitoring wells installed immediately adjacent to MW-7D and MW-7S, in
addition to the collection and analysis of groundwater samples, both
filtered and unfiltered.
    Replacement wells MW-7SR and MW-7DR were installed to address
elevated turbidity levels. It was suspected that there could have been
some damage to the existing well screens which resulted in the influx
of sediment. Quarterly sampling was conducted at MW-7SR and MW-7DR.
Results indicated that the COCs are not present at concentration at or
above applicable Amended ROD clean up goals. Based on the cancer slope
factor and oral reference dose for hexavalent chromium being more
stringent, chromium was speciated during the January 2016 sampling
event and was not detected above laboratory detection limits in either
MW-7SR or MW-7DR.
    It was determined that hexavalent chromium is not a COC and
concentrations of total chromium are also below the Amended ROD clean
up goals. Apex completed the Final Remedial Action Report Addendum in
November 2017.
    As prescribed in the 2007 Amended ROD, institutional controls (ICs)
were implemented in September 2008 with the placement of a Declaration
of Perpetual Land Use Restrictions (DPLUR) on the property deed. The
DPLUR requires annual notification to NCDEQ and EPA confirming that the
DPLUR is still recorded in the Office of the New Hanover County
Register of Deeds and that activities and conditions at the site remain
in compliance with the land use restrictions. The land use restrictions
in the DPLUR state that groundwater from the surficial aquifer
underlying the site may not be used for any purpose. Groundwater
located beneath the confining layer shall not be used as a source of
potable water. Any groundwater well or other device for access to
groundwater for any purpose other than monitoring groundwater quality
must include an isolation seal between the surficial aquifer and the
Peedee Formation aquifer located below. The installation of groundwater
wells or other devices for access to groundwater for any purpose other
than monitoring groundwater quality requires prior approval by NCDEQ,
or its successor in function. The owner(s) of the property must provide
written notification to EPA prior to seeking approval from NCDEQ for
the installation of groundwater wells.

Cleanup Levels

    Cleanup goals were established to achieve a 10 -5 (one
in 100,000) excess carcinogenic risk level for potential future
resident children (most conservative risk category evaluated) and/or a
hazard quotient (HQ) of 1 for potential resident children or ecological
receptors.
    Surface Water: Although the treatment system did not reduce
contaminant concentrations in surface water to below cleanup goals
during its operation in 2007, the RAOs were achieved for the following
reasons:
     Migration of and aquatic receptor exposure to contaminated
surface water was halted by
    [cir] treating all surface water in ponds and land applying treated
water;
    [cir] excavating contaminated soils to residential cleanup
standards;
    [cir] excavating contaminated sediments to ecological cleanup goals
and placing 18 to 60 inches of non-contaminated soil over the base of
the excavated ponds; and
    [cir] allowing the ponds to refill naturally.
    Soil: Cleanup goals specified in the 2007 ROD Amendment for soil
were attained.
    All confirmation sample results from the soil excavation areas were
below the ROD-specified cleanup goals.
    Sediment: Ten samples were collected and analyzed to determine if
cleanup goals were met in the four sediment excavation areas. Six
confirmation samples were collected from the four excavated ponds in
June 2007. One sample was a duplicate of another sample in Pond 3. The
duplicate sample result was within the same order of magnitude as the
sample from which it was split. Because the laboratory detection limits
for (3 and/or 4)-methylphenol and methyl ethyl ketone (also known as
butanone) were higher than the cleanup goals, the four ponds were
resampled in August 2007 and analyzed for these two COCs.
    Cleanup goals for toluene and copper were attained in all four
ponds. The cleanup goal for methyl ethyl ketone (also known as 2-
butanone) was attained in ponds 1-3, and possibly pond 4. The original
confirmation sample collected in June 2007 from pond 4 had a
concentration less than the laboratory reporting limit of 100
micrograms per kilogram ([micro]g/kg), which is less than the cleanup
goal established in the 2007 ROD Amendment. However, the sample
collected in pond 4 in August 2007 did not have a detectable
concentration of methyl ethyl ketone but the laboratory detection limit
(268 [micro]g/kg) was greater than the cleanup goal of 137 [micro]g/kg.
Methyl ethyl ketone was not detected in any of the ponds. All ponds had
at least one sample which had a laboratory detection limit that was
lower than the cleanup goal.
    All samples collected from the excavated ponds had concentrations
of (3 and/or 4)-methylphenol above cleanup goals or the laboratory
detection limit was greater than the cleanup goal. The low-level
presence of (3 and/or 4)-methylphenol in the soil does not present a
significant risk to human health or the environment, and further
sampling and assessment is not needed for the following reasons:
     Methylphenol is a naturally occurring substance. Cresols
(methylphenols) are found in many foods and in wood in this region of
North Carolina. The contaminant presence at low-levels may be naturally
occurring and not site-related.
     The impacted soil was removed from the lagoons and capped
with 18 to 60 inches of clean fill. Therefore, the surface water within
the lagoons is not in direct contact with impacted soil.
     The ROD clean-up goal of 50 [micro]g/kg for (3 and/or 4)-
methlyphenol was established based on ecological risk, not human health
risk. Any residual contamination is at depths greater than 18 inches,
and therefore there is no exposure route for ecological receptors.
There is no obvious or adverse impact to the ecology within the lagoons
as observed through the thriving aquatic flora and fauna present within
lagoons over the last 11 years, since the time the lagoons were
remediated in 2007.
     The concentrations present in the soil are below the EPA
Regional Screening Levels (RSLs) for residential soils for methylphenol
of 3,200 milligrams per kilogram (mg/kg), which is protective of human
health.
    The RAOs were achieved for the following reasons:
     All confirmatory samples obtained from ponds 1-4 were
collected from each basin's clay liner.
     Each basin was subsequently capped with 18 inches to 60
inches of clean soil backfill.
     The RAs performed removed the contaminated ecological
exposure medium, sediment, and subsequently capped the underlying clay
liner with clean soil, thereby eliminating the ecological exposure
pathway for sediments in the ponds and exposure to remaining residual
levels in the clay layer, and thus any associated risk.
    Soil or sediment samples have not been collected since the RA. For
the soil

excavation areas, restoration included backfilling with soil, grading
the areas to provide drainage away from the areas, revegetation with
native rye grass and spreading of wood chips over the area for erosion
control. Pond restoration consisted of backfilling a portion of the
ponds, covering the banks of the excavation and surrounding disturbed
areas with straw matting for erosion control, and seeding with native
rye grass. During the final site inspection conducted in April 2017, it
was observed that the excavation areas are now restored with native
brush and secondary growth forest.
    Groundwater: No COCs were detected at concentrations above the
Amended ROD clean up goals in either sample MW-7DR or MW-7SR during
2016 quarterly groundwater sampling. The detected concentrations of
these compounds are generally significantly less than the
concentrations previously identified in groundwater samples collected
at the Site in May 2011 and November 2012. Aluminum, beryllium,
chromium, and nickel were either detected at estimated concentrations
that are below the applicable criteria, or were not detected above
laboratory detections limits in both the filtered and unfiltered
samples.
    Due to the low turbidity of the samples, the concentrations
reported for both filtered and unfiltered samples were very similar. In
addition to the reductions in the observed concentrations of the COCs,
the pH values were also higher than historic values. The pH was
measured at 3.81 in MW-7SR versus historic values ranging from 2.31 to
3.55 in MW-7S. The pH of the sample collected at MW-7DR was 6.47 versus
historic values measured as low as 3.21.
    In addition, pH values measured in the newly installed wells are
similar to other sites in the Castle Hayne area. Based on the findings
of the January 2016 sampling event, Apex conducted three additional
quarterly sampling events in April, July, and October 2016 to obtain
sufficient data for site closure. During these quarterly sampling
events, since the January 2016 sampling results demonstrated that
hexavalent chromium was not a COC, the samples were only analyzed for
total chromium.
    The monitoring data demonstrates that remedial action objectives
and cleanup levels specified in the 2007 ROD Amendment are achieved.
There are no additional monitoring or Operations and Maintenance of the
remedy required.

Five-Year Reviews

    The purpose of a five-year review (FYR) is to evaluate the
implementation and performance of a remedy to determine if the remedy
is and will continue to be protective of human health and the
environment. In addition, FYR reports identify issues found during the
review, if any, and document recommendations to address them. EPA
completed two policy FYRs for the site in September 2012 and September
2017. The 2017 FYR determined that the remedy was protective of human
health and the environment, and there were no issues or
recommendations. The 2017 FYR concluded that no further FYRs are
planned for the site because all impacted media have reached Unlimited
Use/Unrestricted Exposure (UU/UE) categorization.

Community Involvement

    EPA has communicated with the public through Fact Sheets, meetings,
internet postings, newspaper ads, and answering email and phone
inquiries. Current Site information can be found at https://cumulis.epa.gov/supercpad/cursites/csitinfo.cfm?id=0405590.
    Public participation activities have been satisfied as required in
CERCLA Section 113(k), 42 U.S.C. 9613(k) and CERCLA Section 117, 42
U.S.C. 9617. Documents in the deletion docket, which the EPA relied on
for recommendation of the deletion from the NPL, are available to the
public in the information repositories identified above.

Determination That the Site Meets the Criteria for Deletion in the NCP

    Region 4 has followed the procedures required by 40 CFR 300.425(e)
as mentioned above and the implemented remedy achieves the degree of
cleanup specified in the ROD for all pathways of exposure. The
information presented in the Final Close-Out Report verifies that the
site has achieved the ROD Amendment's RAOs, and that all cleanup
actions specified in the ROD Amendment were implemented. All selected
remedial action objectives and associated cleanup levels are consistent
with agency policy and guidance. This site meets all the site
completion requirements as specified in Office of Solid Waste and
Emergency Response (OSWER) Directive 9320.22, Close-Out Procedures for
National Priorities List Sites. No further Superfund response is needed
to protect human health and the environment.

List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals,
Hazardous waste, Hazardous substances, Intergovernmental relations,
Penalties, Reporting and recordkeeping requirements, Superfund, Water
pollution control, Water supply.

    Authority: 33 U.S.C. 1321(d); 42 U.S.C. 9601-9657; E.O. 13626,
77 FR 56749, 3 CFR, 2013 Comp., p. 306; E.O. 12777, 56 FR 54757, 3
CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 3 CFR, 1987 Comp.,
p. 193.

    Dated: July 17, 2018.
Onis ``Trey'' Glenn, III,
Regional Administrator, Region 4.
[FR Doc. 2018-16244 Filed 7-30-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 24 (Friday, February 5, 2016)]
[Notices]
[Pages 6256-6257]
[FR Doc No: 2016-02257]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14740-000]

Energy Resources USA, Inc.; Notice of Competing Preliminary
Permit Application Accepted for Filing and Soliciting Comments and
Motions To Intervene

    On November 27, 2015, Energy Resources USA, Inc. (Energy Resources)

filed an application for a preliminary permit, pursuant to section 4(f)
of the Federal Power Act (FPA), proposing to study the feasibility of
the Coffeeville Lock and Dam Hydroelectric Project (Coffeeville Project
or project) to be located at the U.S. Army Corps of Engineers'
Coffeeville Lock and Dam on the Tombigbee River in Clark County,
Alabama. The sole purpose of a preliminary permit, if issued, is to
grant the permit holder priority to file a license application during
the permit term. A preliminary permit does not authorize the permit
holder to perform any land-disturbing activities or otherwise enter
upon lands or waters owned by others without the owners' express
permission.
    Energy Resources' permit application is filed in competition with
Lock+TM Hydro Friends Fund II, proposed Coffeeville Lock and
Dam Hydroelectric Project No. 14673-000, which was publicly noticed
November 24, 2015. The deadline for filing competing applications was
January 25, 2016. Energy Resources competing permit application was
timely filed.
    The proposed project would consist of the following: (1) A 500-
foot-long, 200-foot-wide intake channel; (2) a 131-foot-long, 197-foot-
wide powerhouse containing three generating units with a total capacity
of 33 megawatts; (3) a 400-foot-long, 20-foot-wide tailrace; (4) a 6.9/
69 kilo-Volt (kV) substation; (5) a 34-mile-long addition to the
existing access road; and (6) a 3-mile-long, 69 kV transmission line.
The proposed project would have an estimated average annual generation
of 186,000 megawatt-hours, and operate as directed by the Corps.
    Applicant Contact: Mr. Ander Gonzalez, Energy Resources USA Inc.,
2655 Le Jeune Road, Suite 804, Coral Gables, Florida 33134; Phone:
(954) 248-8425; Email<EMAIL_ADDRESS>    FERC Contact: Christiane Casey; phone:<PHONE_NUMBER>.
    Deadline for filing comments and motions to intervene: 60 days from
the issuance of this notice.
    The Commission strongly encourages electronic filing. Please file
comments and motions to intervene using the Commission's eFiling system
at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit
brief comments up to 6,000 characters, without prior registration,
using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information at the
end of your comments. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>(866) 208-3676 (toll free), or
(202) 502-8659 (TTY). In lieu of electronic filing, please send a paper
copy to: Secretary, Federal Energy Regulatory Commission, 888 First
Street NE., Washington, DC 20426. The first page of any filing should
include docket number P-14740-000.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of the
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-14740) in the docket number field to access
the document. For assistance, contact FERC Online Support.

    Dated: February 1, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-02257 Filed 2-4-16; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 225 (Tuesday, November 22, 2016)]
[Proposed Rules]
[Pages 83795-83796]
[FR Doc No: 2016-28065]

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

Pipeline and Hazardous Materials Safety Administration

49 CFR Part 192

[Docket No. PHMSA-2016-0136]

Pipeline Safety: Meeting of the Gas Pipeline Safety Advisory
Committee

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: Notice of advisory committee meeting.

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

SUMMARY: This notice announces a public meeting of the Technical
Pipeline Safety Standards Committee, also known as the Gas Pipeline
Advisory Committee (GPAC). The GPAC will meet to discuss a proposed
rulemaking to address regulatory requirements for onshore gas
transmission and gathering pipelines.

DATES: The committee will meet on Wednesday, December 7, 2016, from
8:30 a.m. to 5 p.m. and on Thursday, December 8, 2016, from 8:30 a.m.
to 5 p.m., EST.
    The meetings will not be web cast; however, presentations will be
available on the meeting Web site and posted on the E-Gov Web site:
http://www.regulations.gov under docket number PHMSA-2016-0136 within
30 days following the meeting.

ADDRESSES: The meeting will be held at a location yet to be determined
in the Washington, DC Metropolitan area. The meeting location, agenda
and any additional information will be published on the following
pipeline advisory committee meeting and registration page at: https://primis.phmsa.dot.gov/meetings/MtgHome.mtg?mtg=121.

Public Participation

    This meeting will be open to the public. Members of the public who
wish to attend in person are asked to register at: https://primis.phmsa.dot.gov/meetings/MtgHome.mtg?mtg=121 no later than
December 1, 2016, in order to facilitate entry and guarantee seating.
Members of the public who attend in person will also be provided an
opportunity to make a statement during the meeting.
    Written comments: Persons who wish to submit written comments on
the meeting may be submitted to the docket in the following ways:
    E-Gov Web site: http://www.regulations.gov. This site allows the
public to enter comments on any Federal Register notice issued by any
agency.
    Fax: 1-202-493-2251.
    Mail: Docket Management Facility; U.S. Department of Transportation
(DOT), 1200 New Jersey Avenue SE., West Building, Room W12-140,
Washington, DC 20590-0001.
    Hand Delivery: Room W12-140 on the ground level of the DOT West
Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m.
and 5 p.m., Monday through Friday, except on Federal holidays.
    Instructions: Identify the docket number PHMSA-2016-0136 at the
beginning of your comments. Note that all comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided. Anyone can search the electronic form of
all comments received into any of our dockets by the name of the
individual submitting the comment (or signing the comment, if submitted
on behalf of an association, business, labor union, etc.). Therefore,
consider reviewing DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000, (65 FR 19477) or view the Privacy
Notice at http://www.regulations.gov before submitting any such
comments.
    Docket: For access to the docket or to read background documents or
comments, go to http://www.regulations.gov at any time or to Room W12-
140 on the ground level of the DOT West Building, 1200 New Jersey
Avenue SE., Washington, DC, between 9:00 a.m. and 5:00 p.m.,

Monday through Friday, except Federal holidays.
    If you wish to receive confirmation of receipt of your written
comments, please include a self-addressed, stamped postcard with the
following statement: ``Comments on PHMSA-2016-0136.'' The Docket Clerk
will date stamp the postcard prior to returning it to you via the U.S.
mail.

Privacy Act Statement

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
    Services for Individuals with Disabilities: The public meeting will
be physically accessible to people with disabilities. Individuals
requiring accommodations, such as sign language interpretation or other
ancillary aids, are asked to notify Cheryl Whetsel at
<EMAIL_ADDRESS>by December 1, 2016.

FOR FURTHER INFORMATION CONTACT: For information about the meeting,
contact Cheryl Whetsel by phone at<PHONE_NUMBER> or by email at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Meeting Details and Agenda

    The GPAC will be discussing the proposed rule, ``Safety of Gas
Transmission and Gathering Pipelines'' published in the Federal
Register on April 8, 2016, (81 FR 20722) and on the associated
regulatory analysis. PHMSA is proposing changes to part 192 which
include:
     Requiring periodic assessments of pipelines in locations
where persons are expected to be at risk that are not already covered
under the integrity management program requirements;
     Modifying the repair criteria, both inside and outside of
high consequence areas (HCAs);
     Requiring inspections of pipelines in areas affected by
extreme weather, man-made and natural disasters, and other similar
events;
     Providing additional specificity for inline inspection,
including explicit requirements to account for uncertainty of reported
inspection data when evaluating inline inspection data to identify
anomalies;
     Expanding integrity assessment methods to explicitly
address guided wave ultrasonic inspection, and excavation with direct
in-situ examination;
     Providing clearer functional requirements for conducting
risk assessment for integrity management, including addressing seismic
risk;
     Expanding the mandatory data collection and integration
requirements for integrity management, including data validation and
seismicity;
     Adding requirements to address Management of Change;
     Repealing the use of API 80 for gathering lines;
     Applying Type B requirements to newly regulated Type A
gathering lines in Class 1 locations to > 8-inch along with emergency
requirements (GAO Recommendation 14-667);
     Extending the reporting requirements to all gathering
lines;
     Expanding requirements for corrosion protection to specify
additional post-construction quality checks, and periodic operational
and maintenance checks to address coating integrity, cathodic
protection, and gas quality monitoring;
     Requiring operators to report MAOP Exceedance;
     Requiring safety features on Launchers and Receivers;
     Adding certain types of roadways to definition of
``identified sites'' (NTSB P-14-1); and
     Addressing grandfather pipe; and pipe with inadequate
records.
    The Agenda will be published on the PHMSA Web site.

II. Committee Background

    The GPAC is a statutorily mandated advisory committee that advises
PHMSA on proposed gas pipeline safety standards and risk assessments
for transporting gas and for gas pipeline facilitiesnatural gas
pipelines. The committee is established in accordance with the Federal
Advisory Committee Act (5 U.S.C. App. 2, as amended) and 49 U.S.C.
60115. The committee consists of 15 members--with membership evenly
divided among the federal and state governments, the regulated
industry, and the general public. The committees advise PHMSA on the
technical feasibility, reasonableness, cost-effectiveness, and
practicability of each proposed pipeline safety standard.

    Issued in Washington, DC on November 17, 2016, under authority
delegated in 49 CFR 1.97.
Alan K. Mayberry,
Acting Associate Administrator for Pipeline Safety
[FR Doc. 2016-28065 Filed 11-21-16; 8:45 am]
 BILLING CODE 4910-60-P


[Federal Register: December 15, 2008 (Volume 73, Number 241)]
[Rules and Regulations]
[Page 75938-75939]
[DOCID:fr15de08-6]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2008-1073; Airspace Docket No. 08-AEA-28]

Amendment to Class E Airspace; Summerville, WV

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule, request for comments.

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

SUMMARY: This action revises the Class E Airspace at Summerville
Airport (SXL); Summerville, WV to provide for adequate controlled
airspace for those aircraft using Instrument Approach Procedures to the
airport. The Nicholas NDB has been decommissioned and all reference to
the NDB in the Summerville Class E5 airspace description is being
removed. Additionally, the FAA determined that the Class E airspace
should be revised to provide the appropriate controlled airspace for
the Instrument Approach Procedures to SXL. This action will enhance the
safety and airspace management around the Summerville Airport.

DATES: Effective 0901 UTC, March 12, 2009. The Director of the Federal
Register approves this incorporation by reference action under Title 1,
Code of Federal Regulations, part 51, subject to the annual revision of
FAA Order 7400.9 and publication of conforming amendments. Comments for
inclusion in the Rules Docket must be received on or before January 29,
2009.

ADDRESSES: Send comments on this rule to: U.S. Department of
Transportation, Docket Operations, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001;
Telephone: 1-800-647-5527; Fax:<PHONE_NUMBER>. You must identify the
Docket Number FAA-2008-1073; Airspace Docket No. 08-AEA-28, at the
beginning of your comments. You may also submit and review received
comments through the Internet at http://www.regulations.gov.
    You may review the public docket containing the rule, any comments
received, and any final disposition in person in the Dockets Office
(see ADDRESSES section for address and phone number) between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. An informal
docket may also be examined during normal business hours at the office
of the Eastern Service Center, Federal Aviation Administration, Room
210, 1701 Columbia Avenue, College Park, Georgia 30337.

FOR FURTHER INFORMATION CONTACT: Melinda Giddens, Operations Support
Group, Federal Aviation Administration, P.O. Box 20636, Atlanta,
Georgia 30320; Telephone<PHONE_NUMBER>, Fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

The Direct Final Rule Procedure

    The FAA anticipates that this regulation will not result in adverse
or negative comments, and, therefore, issues it as a direct final rule.
The FAA has determined that this rule only involves an established body
of technical regulations for which frequent and routine amendments are
necessary to keep them operationally current. Unless a written adverse
or negative comment or a written notice of intent to submit an adverse
or negative comment is received within the comment period, the
regulation will become effective on the date specified above. After the
close of the comment period, the FAA will publish a document in the
Federal Register indicating that no adverse or negative comments were
received and confirming the effective date. If the FAA receives, within
the comment period, an adverse or negative comment, or written notice
of intent to submit such a comment, a document withdrawing the direct
final rule will be published in the Federal Register, and a notice of
proposed rulemaking may be published with a new comment period.

Comments Invited

    Although this action is in the form of a direct final rule, and was
not preceded by a notice of proposed rulemaking, interested persons are
invited to comment on this rule by submitting such written data, views,
or arguments as they may desire. The direct final rule is used in this
case to facilitate the timing of the charting schedule and enhance the
operation at the airport, while still allowing and requesting public
comment on this rulemaking action. An electronic copy of this document
may be downloaded from and comments submitted through http://
www.regulations.gov. Recently published rulemaking documents can also
be accessed through the FAA's web page at http://www.faa.gov/airports_
airtraffic/air_traffic/publications/airspace_amendments.
Communications should identify both docket numbers and be submitted in
triplicate to the address specified under the caption ADDRESSES above
or through the Web site. All communications received on or before the
closing date for comments will be considered, and this rule may be
amended or withdrawn in light of the comments received.
    Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the rule that might
suggest a need to modify the rule. Factual information that supports
the commenter's ideas and suggestions is extremely helpful in
evaluating the effectiveness of this action and determining whether
additional rulemaking action would be needed. All comments submitted
will be available, both before and after the closing date for comments,
in the Rules Docket for examination by interested persons. Those
wishing the FAA to acknowledge receipt of their comments submitted in
response to this rule must

submit a self-addressed, stamped postcard on which the following
statement is made: ``Comments to Docket No. FAA-2008-1073; Airspace
Docket No. 08-AEA-28.'' The postcard will be date stamped and returned
to the commenter.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR)
part 71 revises Class E Airspace at Summerville, WV by modifying the
Summerville Class E airspace to provide adequate Class E airspace for
IFR operations at Summerville, WV. The Nicholas NDB has been
decommissioned and in reviewing the legal description at Summerville
Airport, the FAA determined that the Class E5 airspace should be
redefined in order to provide adequate controlled airspace for aircraft
executing Instrument Approach Procedures to Summerville Airport.
Designations for Class E airspace areas extending upward from 700 feet
or more above the surface of the earth are published in FAA Order
7400.9S, signed October 3, 2008 and effective October 31, 2008, which
is incorporated by reference in 14 CFR part 71.1. The Class E
designations listed in this document will be published subsequently in
the Order.

Agency Findings

    The regulations adopted herein will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among various levels of government. Therefore, it is
determined that this Final rule does not have federalism implications
under Executive Order 13132.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore, (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); and (3) does not warrant preparation of a Regulatory Evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority.
    This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it modifies controlled airspace at Summerville, WV.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

Adoption of the Amendment

0
In consideration of the foregoing, the Federal Aviation Administration
amends 14 CFR Part 71 as follows:

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

0
1. The authority citation for Part 71 continues to read as follows:

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation
Administration Order 7400.9S, Airspace Designations and Reporting
Points, signed October 3, 2008, effective October 31, 2008, is amended
as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet
or More Above the Surface of the Earth.
* * * * *

AEA WV E5 Summerville, WV [REVISED]

Summerville Airport, WV
    (Lat. 38[deg]13'54'' N., long. 80[deg]52'15'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.3-mile radius of the Summerville Airport (SXL) and within
2 miles each side of the 037[deg] bearing from the Summerville
Airport extending from the 6.3-mile radius to 11.3 miles northeast
of the airport and within 1.8 miles each side of the 217[deg]
bearing from the Summersville Airport extending from the 6.3 mile
radius to 8.5 miles southwest of the Summerville Airport.
* * * * *

    Issued in College Park, Georgia, on November 19, 2008.
Barry A. Knight,
Acting Manager, Operations Support Group, Eastern Service Center, Air
Traffic Organization.
 [FR Doc. E8-29266 Filed 12-12-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 207 (Friday, October 29, 2021)]
[Rules and Regulations]
[Pages 59842-59845]
[FR Doc No: 2021-23431]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0840; Project Identifier MCAI-2021-00262-T;
Amendment 39-21760; AD 2021-20-22]
RIN 2120-AA64

Airworthiness Directives; Fokker Services B.V. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Fokker Services B.V. Model F28 Mark 0070 and Mark 0100
airplanes. This AD was prompted by a report of exfoliation corrosion
found during an inspection of the wing front spar lower boom. This AD
requires an inspection for corrosion of the wing front spar lower boom,
and applicable corrective actions, as specified in a European Union
Aviation Safety Agency (EASA) AD, which is incorporated by reference.
The FAA is issuing this AD to address the unsafe condition on these
products.

DATES: This AD becomes effective November 15, 2021.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of November 15,
2021.
    The FAA must receive comments on this AD by December 13, 2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For EASA material incorporated by reference (IBR) in this AD,
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone
+49 221 8999 000; email [email protected]; internet
www.easa.europa.eu. You may find this IBR material on the EASA website
at https://ad.easa.europa.eu. You may view this material at the FAA,
Airworthiness Products Section,

Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call 206-
231-3195. It is also available in the AD docket on the internet at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2021-0840.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0840; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this AD, the mandatory continuing airworthiness information (MCAI), any
comments received, and other information. The street address for Docket
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Ho-Joon Lim, Aerospace Engineer, Large
Aircraft Section, International Validation Branch, FAA, 2200 South
216th St., Des Moines, WA 98198; telephone and fax<PHONE_NUMBER>; email
[email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2021-0840; Project Identifier MCAI-
2021-00262-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this final rule because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this final rule.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this AD contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this AD, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this AD. Submissions containing CBI should be sent to Ho-Joon
Lim, Aerospace Engineer, Large Aircraft Section, International
Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
telephone and fax<PHONE_NUMBER>; email [email protected]. Any
commentary that the FAA receives which is not specifically designated
as CBI will be placed in the public docket for this rulemaking.

Background

    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2021-0059, dated March 2, 2021 (EASA
AD 2021-0059) (also referred to as the MCAI), to correct an unsafe
condition for certain Model F28 Mark 0070 and Mark 0100 airplanes.
    This AD was prompted by a report of exfoliation corrosion found
during an inspection of the wing front spar lower boom. This corrosion
was found between wing station (WSTA) 3100 and WSTA 3600. It was
determined that corrosion may also exist at other spanwise positions on
the wing front spar lower boom. The FAA is issuing this AD to address
corrosion, which if not corrected, could lead to reduced structural
integrity of the wing structure and reduced wing ultimate and limit
load capability. See the MCAI for additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0059 specifies procedures for a detailed inspection
for corrosion of the wing front spar lower boom between WSTA 1825 and
WSTA 10110, corrective actions (repair and restoration of the surface
corrosion), and sending an inspection report to Fokker Services B.V.
This material is reasonably available because the interested parties
have access to it through their normal course of business or by the
means identified in the ADDRESSES section.

FAA's Determination

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the FAA's bilateral agreement with the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
described above. The FAA is issuing this AD after determining that the
unsafe condition exists and is likely to exist or develop on other
products of the same type design.

Requirements of This AD

    This AD requires accomplishing the actions specified in the MCAI
described previously, except for any differences identified as
exceptions in the regulatory text of this AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result,
EASA AD 2021-0059 is incorporated by reference in this AD. This AD
requires compliance with EASA AD 2021-0059 in its entirety through that
incorporation, except for any differences identified as exceptions in
the regulatory text of this AD. Using common terms that are the same as
the heading of a particular section in EASA AD 2021-0059 does not mean
that operators need comply only with that section. For example, where
the AD requirement refers to ``all required actions and compliance
times,'' compliance with this AD requirement is not limited to the
section titled ``Required Action(s) and Compliance Time(s)'' in EASA AD
2021-0059. Service information required by EASA AD 2021-0059 for
compliance will be available at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0840 after this AD is
published.

Interim Action

    The FAA considers this AD interim action. The inspection reports
that are required by this AD will enable the manufacturer to re-
evaluate the current 12-year visual inspection interval of the front
spar front side. Once final action has been identified, the FAA might
consider further rulemaking.

FAA's Justification and Determination of the Effective Date

    There are currently no domestic operators of these products.
Accordingly, notice and opportunity for prior public comment are
unnecessary,

pursuant to 5 U.S.C. 553(b)(3). In addition, for the foregoing reason,
the FAA finds that good cause exists pursuant to 5 U.S.C. 553(d) for
making this amendment effective in less than 30 days.

Regulatory Flexibility Act (RFA)

    There are currently no domestic operators of these products.
Accordingly, notice and opportunity for prior public comment are
unnecessary, pursuant to 5 U.S.C. 553(b)(3)(B). In addition, for the
foregoing reason(s), the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days.

Costs of Compliance

    Currently, there are no affected U.S.-registered airplanes. If an
affected airplane is imported and placed on the U.S. Register in the
future, the FAA provides the following cost estimates to comply with
this AD:

                 Estimated Costs for Required Actions *
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
28 work-hours x $85 per hour = $2,380.              $0           $2,380
------------------------------------------------------------------------
*Table does not include estimated costs for reporting.

    The FAA estimates that it takes about 1 work-hour per product to
comply with the reporting requirement in this AD. The average labor
rate is $85 per hour. Based on these figures, the FAA estimates the
cost of reporting the inspection results on U.S. operators to be $0, or
$85 per product.
    The FAA has received no definitive data on which to base the cost
estimates for the on-condition actions specified in this AD.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a current valid OMB control number. The control
number for the collection of information required by this AD is 2120-
0056. Public reporting for this collection of information is estimated
to take approximately 1 hour per response, including time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Send comments regarding this burden estimate
or any other aspect of this collection of information, including
suggestions for reducing this burden, to: Information Collection
Clearance Officer, Federal Aviation Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177-1524.

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.
    The FAA is 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

    The FAA determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866, and
    (2) Will not affect intrastate aviation in Alaska.

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:

2021-20-22 Fokker Services B.V.: Amendment 39-21760; Docket No. FAA-
2021-0840; Project Identifier MCAI-2021-00262-T.

(a) Effective Date

    This airworthiness directive (AD) becomes effective November 15,
2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Fokker Services B.V. Model F28 Mark 0070 and
Mark 0100 airplanes, certificated in any category, as identified in
European Union Aviation Safety Agency (EASA) AD 2021-0059, dated
March 2, 2021 (EASA AD 2021-0059).

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Reason

    This AD was prompted by a report of exfoliation corrosion found
during an inspection of the wing front spar lower boom. The FAA is
issuing this AD to address corrosion, which if not corrected, could
lead to reduced structural integrity of the wing structure and
reduced wing ultimate and limit load capability.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and

compliance times specified in, and in accordance with, EASA AD 2021-
0059.

(h) Exceptions to EASA AD 2021-0059

    (1) Where EASA AD 2021-0059 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2021-0059 does not apply
to this AD.
    (3) Paragraph (3) of EASA AD 2021-0059 specifies to report
inspection results to Fokker Services B.V. within a certain
compliance time. For this AD, report inspection results at the
applicable time specified in paragraph (h)(3)(i) or (ii) of this AD.
    (i) If the inspection was done on or after the effective date of
this AD: Submit the report within 30 days after the inspection.
    (ii) If the inspection was done before the effective date of
this AD: Submit the report within 30 days after the effective date
of this AD.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, International Validation Branch, 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 responsible Flight
Standards Office, as appropriate. If sending information directly to
the Large Aircraft Section, International Validation Branch, send it
to the attention of the person identified in paragraph (j) of this
AD. Information may be emailed to: [email protected].
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, Large Aircraft
Section, International Validation Branch, FAA; or EASA; or Fokker
Services B.V.'s EASA Design Organization Approval (DOA). If approved
by the DOA, the approval must include the DOA-authorized signature.

(j) Related Information

    For more information about this AD, contact Ho-Joon Lim,
Aerospace Engineer, Large Aircraft Section, International Validation
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax<PHONE_NUMBER>; email [email protected].

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2021-0059,
dated March 2, 2021.
    (ii) [Reserved]
    (3) For EASA AD 2021-0059, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; Internet www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://ad.easa.europa.eu.
    (4) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St.,
Des Moines, WA. For information on the availability of this material
at the FAA, call<PHONE_NUMBER>. This material may be found in the AD
docket on the internet at https://www.regulations.gov by searching
for and locating Docket No. FAA-2021-0840.
    (5) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
[email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on September 24, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-23431 Filed 10-28-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: November 6, 2008 (Volume 73, Number 216)]
[Notices]
[Page 66083-66085]
[DOCID:fr06no08-80]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58887; File No. SR-CBOE-2008-111]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Temporarily Increase the Number of Additional
Quarterly Option Series in Exchange-Traded Fund Options That May Be
Listed

October 30, 2008.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on October 29, 2008, the Chicago Board Options Exchange,
Incorporated (``Exchange'' or ``CBOE'') filed with the Securities and
Exchange Commission (the ``Commission'') the proposed rule change as
described in Items I and II below, which Items have been prepared by
the Exchange. The Exchange filed the proposal as a ``non-
controversial'' proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-4(f)(6) thereunder.\4\ The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    The Exchange proposes to amend Rule 5.5(e), Quarterly Option Series
Pilot Program, to temporarily increase the number of additional
Quarterly Option Series (``QOS'') in exchange-traded fund (``ETF'')
options from sixty (60) to one hundred (100) that may be added by the
Exchange. The text of the proposed rule change is available on the
Exchange's Web site (http://www.cboe.org/Legal), at the Exchange's
Office of the Secretary and at the Commission.

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

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

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

1. Purpose
    The purpose of this proposed rule change is to temporarily increase
the number of additional QOS in ETF options from sixty (60) to one
hundred (100) that may be added by the Exchange. To effect this change,
the Exchange is proposing to add new subparagraph (7) to Rule 5.5(e).
    Because of the current, unprecedented market conditions, the
Exchange has received requests from market participants to add lower
priced strikes for QOS in the Energy Select Sector SPDR (``XLE''), the
DIAMONDS Trust, Series 1 (``DIA'') and the Standard and Poor's
Depositary Receipts/SPDRs (``SPY''). For example, for December 2008
expiration, there is demand for strikes (a) ranging from $20 up through
and including $40 for XLE, (b) ranging from $60 up through and
including $75 for DIA, and (c) ranging from $74 up through and
including $85 for SPY. These strikes are much lower than those
currently listed for which there is open interest.
    However, under current Rule 5.5(e)(4), the Exchange cannot honor
these requests because the maximum number of additional series, sixty
(60), has already been listed. The Exchange is therefore seeking to
temporarily increase the number of additional QOS that may be added to
one hundred (100). The increase of additional series would be permitted
immediately for expiration months currently listed and for expiration
months added throughout the last quarter of 2008, including the new
expiration month added after December 2008 expiration. The Exchange
believes that this proposal is reasonable and will allow for more
efficient risk management. The Exchange believes this proposal will
facilitate the functioning of the Exchange's market and will not harm
investors or the public interest.
    The Exchange believes that user demand and the recent downward
price movements in the underlying ETFs warrants a temporary increase in
the number of strikes for all QOS in ETF options. Currently, the
Exchange list QOS in five ETF options: (1) Nasdaq-100 Index Tracking
Stock (``QQQQ''); (2) iShares Russell 2000 Index Fund (``IWM''); (3)
DIA; (4) SPY; and (5) XLE. The below chart provides the historical
closing prices of these ETFs over the past couple of months:

----------------------------------------------------------------------------------------------------------------
                 ETF                    10/27/08   10/13/08   10/6/08    9/30/08    8/29/08    7/31/08
-------------------------------------------------------------------------------------------------------
QQQQ.................................      28.69      35.13      34.86      38.91      46.12      45.46
IWM..................................      44.86      56.98      59.72      68.00      73.87      71.32
DIA..................................      80.26      95.03      99.90     108.36     115.45     113.70
SPY..................................      83.95     101.35     104.72     115.99     128.79     126.83

XLE..................................      40.86      50.55      54.89      63.30      74.65      74.40
----------------------------------------------------------------------------------------------------------------

    The additional series will enable the Exchange to list in-demand,
lower priced strikes.
    It is expected that other options exchanges that have adopted the
QOS Pilot Program will submit similar proposals.
    The Exchange represents that it has the necessary systems capacity
to support the new options series that will result from this proposal.
Further, as proposed, the Exchange notes that these series would
temporarily become part of the pilot program and will be considered by
the Commission when the Exchange seeks to renew or make permanent the
pilot program in the future. In addition, the Exchange states that in
the event that current market volatility continues, it may seek to
continue (through a rule filing) the time period during which the
additional series proposed by this filing may be added.
2. Statutory Basis
    Because the current rule proposal is responsive to the current,
unprecedented market conditions, is limited in scope as to QOS in ETF
options and as to time, and because the additional new series can be
added without presenting capacity problems, the Exchange believes the
rule proposal is consistent with the Act and the rules and regulations
under the Act applicable to a national securities exchange and, in
particular, the requirements of Section 6(b) of the Act.\5\
Specifically, the Exchange believes that the proposed rule change is
consistent with the Section 6(b)(5) Act \6\ requirements that the rules
of an exchange be designed to promote just and equitable principles of
trade, to prevent fraudulent and manipulative acts and, in general, to
protect investors and the public interest.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    CBOE does not believe that the proposed rule change will impose any
burden on competition not necessary or appropriate in furtherance of
the purposes of the Act.

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

    The Exchange neither solicited nor received comments on the
proposal.

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

    Because the foregoing rule does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; or (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate if consistent with the protection of investors
and the public interest, the proposed rule change has become effective
pursuant to Section 19(b)(3)(A) of the Act \7\ and Rule 19b-4(f)(6)
thereunder.\8\
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to provide the Commission
with written notice of its intent to file the proposed rule change,
along with a brief description and text of the proposed rule change,
at least five business days prior to the date of filing of the
proposed rule change, or such shorter time as designated by the
Commission. The Commission deems this requirement to be met.
---------------------------------------------------------------------------

    The Exchange has asked the Commission to waive the operative delay
to permit the proposed rule change to become operative prior to the
30th day after filing. The Commission has determined that waiving the
30-day operative delay of the Exchange's proposal is consistent with
the protection of investors and the public interest because such waiver
will enable CBOE to better meet customer demand in light of recent
increased volatility in the marketplace.\9\ Therefore, the Commission
designates the proposal operative upon filing.
---------------------------------------------------------------------------

    \9\ For purposes only of waiving the 30-day operative delay, the
Commission has considered the proposed rule's impact on efficiency,
competition, and capital formation. See 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File No. SR-CBOE-2008-111 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090.
All submissions should refer to File Number SR-CBOE-2008-111. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File No. SR-CBOE-2008-111 and should be
submitted on or before November 28, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
---------------------------------------------------------------------------

    \10\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Acting Secretary.
 [FR Doc. E8-26443 Filed 11-5-08; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 217 (Friday, November 8, 2019)]
[Notices]
[Pages 60455-60457]
[FR Doc No: 2019-24374]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2011-0862]

Hazardous Wastes Operations and Emergency Response (HAZWOPER)
Standard; Extension of the Office of Management and Budget's (OMB)
Approval of Information Collection (Paperwork) Requirements

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Request for public comments.

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

SUMMARY: OSHA solicits public comments concerning the proposal to
extend the Office of Management and Budget's (OMB) approval of the
information collection requirements specified in the Hazardous Waste
Operations and Emergency Response (HAZWOPER) Standard.

DATES: Comments must be submitted (postmarked, sent, or received) by
January 7, 2020.

ADDRESSES:
    Electronically: You may submit comments and attachments
electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
    Facsimile: If your comments, including attachments, are not longer
than 10 pages you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Mail, hand delivery, express mail, messenger, or courier service:
When

using this method, you must submit a copy of your comments and
attachments to the OSHA Docket Office, OSHA Docket No. OSHA-2011-0862,
Occupational Safety and Health Administration, U.S. Department of
Labor, Room N-3653, 200 Constitution Avenue NW, Washington, DC 20210.
Deliveries (hand, express mail, messenger, and courier service) are
accepted during the Docket Office's normal business hours, 10:00 a.m.
to 3:00 p.m., ET.
    Instructions: All submissions must include the agency name and the
OSHA docket number (OSHA-2011-0862) for the Information Collection
Request (ICR). All comments, including any personal information you
provide such as social security numbers and date of births, are placed
in the public docket without change, and may be made available online
at http://www.regulations.gov. For further information on submitting
comments see the ``Public Participation'' heading in the section of
this notice titled SUPPLEMENTARY INFORMATION.
    Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the above address. All documents in the docket (including this Federal
Register notice) are listed in the http://www.regulations.gov index;
however, some information (e.g., copyrighted material) is not publicly
available to read or download from the website. All submissions,
including copyrighted material, are available for inspection and
copying at the OSHA Docket Office. You also may contact Theda Kenney or
Seleda Perryman at<PHONE_NUMBER> to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Theda Kenney or Seleda Perryman,
Directorate of Standards and Guidance, OSHA, U.S. Department of Labor;
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of a continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance consultation program to provide the public with an
opportunity to comment on proposed and continuing information
collection requirements in accordance with the Paperwork Reduction Act
of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)). This program ensures that
information is in the desired format, the reporting burden (time and
costs) is minimal, the collection instruments are clearly understood,
and OSHA's estimate of the information collection burden is accurate.
The Occupational Safety and Health Act of 1970 (the OSH Act) (29 U.S.C.
651 et seq.) authorizes information collection by employers as
necessary or appropriate for enforcement of the Act or for developing
information regarding the causes and prevention of occupational
injuries, illnesses, and accidents (see 29 U.S.C. 657). The OSH Act
also requires OSHA to obtain such information with a minimum burden
upon employers, especially those operating small businesses, and to
reduce to the maximum extent feasible unnecessary duplication of effort
in obtaining said information (see 29 U.S.C. 657).
    The Hazardous Waste Operations and Emergency Response Standard (29
CFR 1910.120) specifies a number of collection of information
(paperwork) requirements. Employers can use the information collected
under the HAZWOPER rule to develop the various programs the Standard
requires and to ensure that their workers are trained properly about
the safety and health hazards associated with hazardous waste
operations and emergency response to hazardous waste releases. OSHA
will use the records developed in response to this Standard to
determine adequate compliance with the Standard's safety and health
provisions. The employer's failure to collect and distribute the
information required in this standard will affect significantly OSHA's
effort to control and reduce injuries and fatalities. Such failure
would also be contrary to the direction Congress provided in Superfund
Amendments and Reauthorization Act (SARA).

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
     Whether the proposed information collection requirements
are necessary for the proper performance of the agency's functions,
including whether the information is useful;
     The accuracy of OSHA's estimate of the burden (time and
costs) of the information collection requirements, including the
validity of the methodology and assumptions used;
     The quality, utility, and clarity of the information
collected; and
     Ways to minimize the burden on employers who must comply;
for example, by using automated or other technological information
collection and transmission techniques.

III. Proposed Actions

    OSHA is requesting that OMB extend the approval of the collection
of information (paperwork) requirements contained in the Hazardous
Waste Operations and Emergency Response (HAZWOPER) Standard. OSHA is
requesting an adjustment decrease of 1,256 burden hours from the
previous submission (from 261,551 hours to 260,295 hours).
    The agency will summarize any comments submitted in response to
this notice and will include this summary in the request to OMB.
    Type of Review: Extension of a currently approved collection.
    Title: Hazardous Waste Operations and Emergency Response (HAZWOPER)
Standard (29 CFR 1910.120).
    OMB Number: 1218-0202.
    Affected Public: Business or other for-profits; Not-for-profit
organizations; Federal Government; State, Local, or Tribal Government.
    Number of Respondents: 29,727.
    Frequency of Response: Business or other for-profits; Not-for-
profit organizations; Federal Government; State, Local, or Tribal
Government.
    Total Responses: 1,468,062.
    Average Time per Response: Various.
    Estimated Total Burden Hours: 260,295.
    Estimated Cost (Operation and Maintenance): $10,127,325.

IV. Public Participation--Submission of Comments on This Notice and
Internet Access to Comments and Submissions

    You may submit comments in response to this document as follows:
(1) Electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal; (2) by facsimile (fax); or (3) by hard copy. All
comments, attachments, and other material must identify the agency name
and the OSHA docket number (Docket No. OSHA-2011-0862) for this ICR.
You may supplement electronic submissions by uploading document files
electronically. If you wish to mail additional materials in reference
to an electronic or facsimile submission, you must submit them to the
OSHA Docket Office (see the section of this notice titled ADDRESSES).
The additional materials must clearly identify your electronic comments
by your name, date, and the docket number so the agency can attach them
to your comments.
    Due to security procedures, the use of regular mail may cause a
significant delay in the receipt of comments. For information about
security procedures concerning the delivery of materials by hand,
express delivery, messenger, or courier service, please contact the
OSHA Docket Office at<PHONE_NUMBER>, (TTY<PHONE_NUMBER>).

    Comments and submissions are posted without change at http://www.regulations.gov. Therefore, OSHA cautions commenters about
submitting personal information such as social security numbers and
dates of birth. Although all submissions are listed in the http://www.regulations.gov index, some information (e.g., copyrighted
material) is not publicly available to read or download from this
website.
    All submissions, including copyrighted material, are available for
inspection and copying at the OSHA Docket Office. Information on using
the http://www.regulations.gov website to submit comments and access
the docket is available at the website's ``User Tips'' link. Contact
the OSHA Docket Office for information about materials not available
from the website, and for assistance in using the internet to locate
docket submissions.

V. Authority and Signature

    Loren Sweatt, Principal Deputy Assistant Secretary of Labor for
Occupational Safety and Health, directed the preparation of this
notice. The authority for this notice is the Paperwork Reduction Act of
1995 (44 U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 1-2012
(77 FR 3912).

    Signed at Washington, DC, on November 1, 2019.
Loren Sweatt,
Principal Deputy Assistant Secretary of Labor for Occupational Safety
and Health.
[FR Doc. 2019-24374 Filed 11-7-19; 8:45 am]
 BILLING CODE 4510-26-P