[Federal Register Volume 76, Number 250 (Thursday, December 29, 2011)]
[Notices]
[Pages 82005-82006]
[FR Doc No: 2011-33361]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66029; File No. SR-CME-2011-20]

Self-Regulatory Organizations; Chicago Mercantile Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Establish a Fee Schedule Applicable to Its OTC Interest Rate Swap
Clearing Offering

 December 22, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on December 20, 2011, Chicago Mercantile Exchange Inc. (``CME'') filed
with the Securities and Exchange Commission (``Commission'') the
proposed rule change described in Items I, II and III below, which
items have been prepared primarily by CME. CME filed the proposed rule
change pursuant to Section 19(b)(3)(A) \3\ of the Act and Rule 19b-
4(f)(2) \4\ thereunder.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of Terms of Substance of
the Proposed Rule Change

    CME is proposing to establish a new fee schedule that would apply
to its OTC Interest Rate Swap clearing offering. The text of the
proposed rule change is available at CME's Web site at http://www.cmegroup.com, at the principal office of CME, and at the
Commission's Public Reference Room.

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

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

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

    CME currently offers clearing for certain OTC Interest Rate Swap
products. The filing proposes to establish a new fee schedule that will
apply to CME's OTC Interest Rate Swap (``IRS'') clearing fees. The
proposed rules changes are related to fees and therefore will become
effective immediately.\5\ However, the proposed changes will become
operative as of January 6, 2012. There are two separate fee schedules
that will be added. The first sets forth the new fee schedule that will
apply to IRS Clearing Members clearing OTC IRS transactions at CME. The
second sets forth the new fee schedule that will apply to customers of
IRS Clearing Members clearing OTC IRS transactions at CME. The text of
the new fee schedules is attached, with additions underlined and
deletions in strikethrough.
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    \5\ The staff notes that pursuant to 15 U.S.C. 78s(b)(3)(A)(ii)
rule changes related to fees are effective upon filing.
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    CME has also certified the proposed rule changes that are the
subject of this filing to its primary regulator, the Commodity Futures
Trading Commission (``CFTC'').
    The proposed CME rule amendments establish or change a member due,
fee or other charge imposed by CME under Section 19(b)(3)(A)(ii) of the
Securities Exchange Act of 1934 and Rule 19b-4(f)(2) thereunder. CME
believes that the proposed rule change is consistent with the
requirements of the Securities Exchange Act of 1934 and the rules and
regulations thereunder and, in particular, to 17A(b)(3)(iv),\6\ in that
it provides for the equitable allocation of reasonable dues, fees and
other charges among participants. CME notes that it operates in a
highly competitive market in which market participants can readily
direct business to competing venues.
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    \6\ The staff notes the correct citation is 17A(b)(3)(D). 15
U.S.C. 78q-1(b)(3)(D).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    CME does not believe that the proposed rule change will have any
impact, or impose any burden, on competition.

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

    CME has not solicited, and does not intend to solicit, comments
regarding this proposed rule change. CME has not received any
unsolicited written comments from interested parties.

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

    The foregoing rule change was filed pursuant to Section 19(b)(3)(A)
of the Act and paragraph (f)(2) of Rule 19b-4 and became effective on
filing. At any time within sixty days of the filing of such rule
change, the Commission summarily may temporarily suspend 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 may be submitted by using the
Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml), or send an email to<EMAIL_ADDRESS>Please include
File No. SR-CME-2011-20 on the subject line.
     Paper comments should be sent in triplicate to Elizabeth
M. Murphy, Secretary, Securities and Exchange Commission, 100 F Street
NE., Washington, DC 20549-1090.
    All submissions should refer to File Number SR-CME-2011-20. This
file number should be included on the subject line if email 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 Web site viewing and
printing 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 CME. 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 Number SR-CME-2011-20 and
should be submitted on or before January 19, 2012.
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    \7\ 17 CFR 200.30-3(a)(12).

    For the Commission by the Division of Trading and Markets,
pursuant to delegated authority.\7\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2011-33361 Filed 12-28-11; 8:45 am]
BILLING CODE 8011-01-P


State-Initiated Changes Table
This table consists of state-initiated amendments to the Dangerous Waste Regulation chapter 173-303 WAC.  The table lists the state citation that was amended, the reason for the amendment (clarifications, citation corrections, etc.) and the related federal citation and checklist number.
Yellow highlighted rules indicate state-only amendments.  There are no analogous federal citations for these rules and EPA does not authorize or enforce state-only rules.
Sections in red indicate rules that were changed from the proposed (1/15/09) version to adopted version (6/30/09).

State Citation
WAC 173-303-
Reason for change
Federal 40 CFR
Citation
Checklist
Number
030
Clarification- Add acronyms (PODC, DRE, APTI, MACT, TEQ, CAMU, TU)
260 related

040
Clarify definition for Closure- update to clarify closure applies to recyclers, some generators and some transporters
262.10

040
Compliance Procedure- removed the cited dates and added RCW title
260 related

040
Moved Inhalation LC50 definition from section 100
Modified following definitions for consistency with Toxic Category Table in WAC 173-303:
   * 100(5)Dermal LD50 definition modified to Dermal Rabbit LD50
   * Oral LD50 definition modified to Oral Rat LD50
No direct federal analog
State-only  -  broader in scope program element

040
Person- Updated to match federal rule
260.10

040
Staging Pile- Updated to match federal rule
260.10
CL 175
040
Surface Impoundment- Change language to reflect federal definition by deleting the word "dangerous"
260.10

045
Incorporation by reference updated to July 2007
260 -280 related

070(7)(c)
Clarify that counting exclusion applies to permit by rule (PBR), not to treatment by generator activity
261.5(c) Intro
142
070(8)(d)
Citations corrected for used oil burned for energy recovery
261.5 related
23?
071(3)(cc)(ii)
Deletion of incorrect  NAICS codes - 487110, 722310, 425110
 261.4(a)(12)(i),(ii)

081(1), 081(1)(a), & 082(1)
Clarification on appropriate commercial chemical product waste code
261.33, 261.31(a)

*083(2)(b)(iii)(A&(B)
Clarification- SW-846 is incorporated by reference at 110(3)(a)
261.35(b)(2)(iii)(A)&(B)
82, 92
*090(5)(a)(i) and (6)(a)(i), & (iii)
Clarification- SW-846 test method is incorporated by reference at 110(3)
Updates to ASTM and NACE procedures
261.21(a)(1), 261.22(a)(1) and (2)

090(6)(a)(ii)
Clarify that the NACE test method is the same as SW-846 Method 1110A
261.22(a)(1) and (2)

100(2), (3), (5)(b)(i)
Clarify book designation requirement to use data with highest toxicity value and to evaluate toxicity to aquatic species.
Two state toxicity data sources added- Ecotoxicology database (ECOTOX) and Hazardous Substance Database (HSDB)
 No direct federal analog
State-only  -  broader in scope program element

100(5)(c)(i)&(ii)
Delete unnecessary parenthetical reference regarding category D or above at (5)(c)(i), and "category range" at (5)(c)(ii).
No direct federal analog.  State-only  -  broader in scope program element

100(5)(b)(iii) Example 1 continued
Delete incorrect information in example

No direct federal analog.  State-only  -  broader in scope program element

104(5) & 180(5)
Delete lab pack codes due to a conflict with new federal manifest rule
No direct federal analog.  State-only  -  broader in scope program element

110 title
First sentence revised by adding word "analytes"
 260.1, 270.6 related

126, 158
110(2)(a)(vi), (2)(b)
Clarification on selection of sampling device
Reference to AC&D liquid sample removed

260.11, 261 (Appendix I, Index),

*110(3)(a)
Added "IIIB Update" and "Final Update IV" to SW 846 reference
260.11(a) through (g), related

 110(3)(b)
Biological Testing Method guidance update.  Eliminated the need for generators submitting waste for bioassay to do a % solid determination.
 No direct federal analog.  State-only  -  broader in scope program element

110(3)(c)

Chemical Testing Method guidance revisions and updates

Previously authorized as and currently related to 40 CFR 261 Appendix 1  -  Test Methods

*110(3)(f)
110(3)(e-h)
Clarification- Use test methods in SW-846 Chapter 2 for identifying toxic constituents.
Updated referenced test methods to latest revision date
260.11  -  References to Publications and 261 Appendix II

110(3)(g)(x)
Duplicate deleted [see (vii)]
260.11  -  References to Publications

CL 154 & 158
110(5)
Change from proposed rule
Clarify requirement to submit petition for alternate test method
260.11  -  References to Publications

110(6)
Clarification- Test method results need to be reported on a dry weight basis

Technical clarification, consistent with and no less stringent than the federal program

110(7)
"Ground-Water Monitoring List" Appendix IX to 40 CFR Part 264 is replaced with the version in Appendix 5 of Chemical Testing Methods for Designating Dangerous Waste, Department of Ecology Publication #97-407, March 2008," which is incorporated by reference into the WAC at 173-303-110(1).
264 Appendix IX

120(4)(c)
Correct second repeated (c)(vii) by renumbering as (c)(ix)
261.6(c)(2)
13, 79
*140(2)(a)
Change from proposed rule
Clarify that section 110 test methods must be used
268 related, conforming change to reflect retention of use of SW-846 methods,

140(4)(b)(iv)(B)(I)
 ASTM Test method update
264.314(e)

145(2)(b)
Add local air authorities in eastern Washington
No direct federal analog.  State-only  -  broader in scope program element

200(1)(b)(ii) & (iii)
200(4)(a)(iv)(A)(II)
 Delete "stress of installation" phrase and insert in 640 and 675
262.34(a)(1)Intro, 262.34(a)(1)(ii), 262.34(a)(1)(iii)

200(1)(b)(iv)
Correct the federal references by substituting state citations for closure and financial assurance.
The word "shall" was changed to "must".
 262.34(a)(1)(iv)

200(2)(a)
Satellite Accumulation- Removed "per waste stream" from WAC 200(2)(a).  EPA will not be authorizing this change until the WAC 200 (2)(b) and (2)(c) have also been corrected by the removal of the phrase "per waste stream".
[federal counterpart 262.34(c); although not part of authorization revision determination in 2010]
12
270(3)
49 CFR 171.16 reference- updated transporter spill reporting address and method
263.30(c)(2)

281(4)
Citations corrected from 840 to 830
 124.311(a)

282(2)(b)(v)
Deleted obsolete language and added new language for recycling facilities, allowing them a conditional exemption from siting criteria
No direct federal analog

282(3)(p)
Clarify definition of significant expansion
No direct federal analog

282(4)(a)
Delete obsolete language related to the original effective date of the section
 No direct federal analog

*300(5)(f)
Change from proposed rule
Clarify that section 110 test methods must be used where specific WAC citations are referenced
264.13(b)(6); 265.13(b)(6);
264.73(b)(3); 265.73(b)(3), conforming change to reflect retention of use of SW-846 methods,

310(1)
Reworded to be consistent with federal rule
264.14; 265.14

*380(1)(c)
Change from proposed rule
Clarify that section 110 test methods must be used where specific 40 CFR citations are referenced
264.73(b)(3); 265.73(b)(3); conforming change to reflect retention of use of SW-846 methods,

*380(1)(f)
Change from proposed rule
Add "incorporated by reference" for clarity
Clarify that section 110 test methods must be used where specific WAC citations are referenced
264.73(b)(6); 265.73(b)(6), conforming change to reflect retention of use of SW-846 methods,

380(2)(c)
Add "tons (2000 lbs)" to unit of measure Table 1
264 Appendix I (2) Table 1; 265 Appendix I (2) Table 1

400(2)(c)(xiv)
400(2)(c)(xv)
Language added for equivalence with federal rule.
265.1(c)(5)

400(3)(c)
Change from proposed rules
Added the word "qualified" to the description of an independent registered professional engineer.  This occurs nineteen times in the sub subsection
265 related  -  more stringent state requirement

*400(3)(c)(iii)
Change from proposed rule
Clarify that section 110 test methods must be used where specific 40 CFR 265 subparts are referenced
265 related, conforming change to reflect retention of use of SW-846 methods,

400(3)(c)(iv)
Moved from (3)(c)(x)
Reference regarding Subpart B is changed because the only part of Subpart B that is incorporated by reference is 265.19
265.19

400(3)(c)(xiii)(A)
Change from proposed rule
Correction- the word carbonaceous replaces carcinogen
265.300 Subpart N - Landfills, related

505(1)(b)(iv)
Citation corrected
266.20

506(3)(vii)
Deleted CFC recycling  exception from closure and financial responsibility requirements
 264.110, 265.110 Subpart G related; 264.140, 265.140 Subpart H related

510(1)(b)(i)(B)
Correct internal citation
260.30(b)Intro, 260.30(b)(1), 266.100(b)(1)

*515(3)
Clarify that section 110(3) test methods must be used
 279.10, conforming change to reflect retention of use of SW-846 methods,

*515(4)
Clarify that section 110(3) test methods must be used
 279.11, conforming change to reflect retention of use of SW-846 methods,

*515(8), (9), (10) and (13)(b)
Change from proposed rule
Clarify that section 110(3) test methods must be used
279.40-47, 279.50-59, 279.60-67, 279.10, conforming change to reflect retention of use of SW-846 methods,

522(4)
Correct the reference from 24 hour recycling to immediate recycling (antifreeze)
 No direct federal analog

610(3)(a)(ix), (3)(b)(ii)(D), (8)(b)(iv), and (8)(d)(ii)(D)
Citation corrected
264.112 related

610(6) & (11)
Change from proposed rule
Add "qualified" to PE description
264.115; 264.120  -  more stringent state requirement
24
610(12)(e)
620(1)(e)(ii)
Correction- change "resource reclamation units" to `recycling units"
264.143

620(4)(d)(iv)
Clarification that corporate guarantors are also subject to a minimum net worth criteria
 264.143

620(4)(c) 620(4)(e)(i) 620(4)(f)
New financial instrument option- "assigned security deposit" for used oil processors and recyclers
264.143

620(4)(d)(i)
Clarification that used oil processors may use partially funded trust funds
264.143

620(4)(d)(iv)
Clarification that corporate guarantors are also subject to a minimum net worth criteria
264.143

620(5)(c)
620(5)(d)
620(7)
Edit- add hyphen to post-closure
264.143

*640(1)(b)
Provide title for test method
Clarification that SW-846 is incorporated by reference
264.190

*645(4)(a) and (b)
*645(9)(g)(ii), (iii) and (iv)(A)
645(10)(g)
64610(4)
806(4)(a)(xx)(D)(II)
Note that the 40 CFR 264 Appendix IX Ground-Water monitoring list is included as Appendix 5 in the State's Chemical Testing Methods for Dangerous Waste publication, #97-407, March 2008,  which is incorporated by reference at WAC 173-303-110(1).

264 Appendix IX

645(8)(c)
Update reference to Chapter 173-160  WAC
264.97(c)

640(4)(c)(i) & 675(4)(a)(v)
Relocate "stress of installation" phrase from 200
264.573. 264.193

64660(3)(d)(iv)(F)
Correct "SW846" to read "SW-846"
264.552 related (CAMU)

665(13)
New subsection
Added a reference to the liquid waste disposal provision in 140(4)(b).
264.314

*690
*691
Change from proposed rule
Deleted proposed language requiring use of 110(3)(a) test methods
264.1030, 264.1050 (Air Emissions for Vents, and Equipment Leaks)

806(2)(a)
Citation corrected
270.10

*806(4)(f)(iii)(A)(III)
Clarification that equivalent analytical techniques must be approved by ecology
270.19

806(8)
Changed from proposed rule
Updated permit application requirements for consistency with federal rule and clarified that facilities must consult with Ecology about submittal of exposure information
270.10(c)

*807(2)(a)(iii)
Clarification that equivalent analytical techniques must be approved by Ecology
270.62

810(11)(c)
Duplicate provision deleted

270.30(j)(2)

810(16)
Citation corrected
270.30(m)

830(4)(b)(vii)
Citation corrected
270.42(b) related

902(2)(c)(i)  -  (vi)
Citizen Proponent Negotiation- language added to correlate with existing language and new recycling facility exemption from siting criteria in 282(2)(b)
No direct federal analog

*910(2)(d)
Clarify that approved equivalent test methods will be incorporated at 110(3)
260.20(a), 260.21(d)

910(3)
Clarify that exemption petitions also go to EPA for  federal listed wastes
260.22(d)(1)(i)

9901
9902
Delete obsolete title
260 Appendix I, related

* These state citations were amended in response to the federal Methods Innovation Rule (MIR) (70 FR 34537). This less stringent rule removed from federal regulations a requirement to use methods found in "Test Methods for Evaluating Solid Waste, Physical /Chemical Methods," also know as SW-846.  The state did not adopt the MIR, rather it amended state rules affected by the MIR changes to clarify that SW-846 test methods must be used, or in some cases requiring use of test methods specifically called out in WAC 173-303-110.  The state declined to adopt MIR because it would increase the state workload in providing review of new test methods.  Also, retaining use of SW-846 provides clear, well understood designation methods generators are familiar with.


[Federal Register: December 31, 2008 (Volume 73, Number 251)]
[Rules and Regulations]
[Page 80298-80299]
[DOCID:fr31de08-4]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[USCG-2008-0864]

Drawbridge Operation Regulations; Raritan River, Arthur Kill, and
Their Tributaries, New Jersey

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations; request for
comments.

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SUMMARY: The Commander, First Coast Guard District, has issued a new
temporary deviation from the regulation governing the operation of the
Arthur Kill (AK) Railroad Bridge across Arthur Kill at mile 11.6
between Staten Island, New York and Elizabeth, New Jersey. This
deviation is necessary to test a new operating rule for the bridge that
will help determine the most equitable and safe solution to facilitate
the present and anticipated needs of navigation and rail traffic. This
deviation requires the AK Railroad Bridge to remain in the open
position but allows the bridge owner/operator to schedule short bridge
closure periods after first broadcasting advance notice to the marine
community. This change from the previous deviation will consider the
needs of navigation and allow marine interests to adjust their
schedules around the bridge closure periods.

DATES: This deviation is effective from 12:01 a.m. on December 15, 2008
through June 12, 2009. Comments must be received by January 31, 2009.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2008-0864 and are available online
at http://www.regulations.gov. They are also available for inspection
or copying at two locations: The Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays, and
the First Coast Guard District, Battery Park Building, One South
Street, New York, NY 10004 between 8:30 a.m. and 4:30 p.m., Monday
through Friday except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Gary Kassof, Bridge Branch, (212)
668-7165.

SUPPLEMENTARY INFORMATION: The Arthur Kill Railroad Bridge (AK RR) has
a vertical clearance of 31 feet at mean high water and 35 feet at mean
low water in the closed position. The owner of the bridge, New York
City Economic Development Corporation (NYCEDC), began a bridge
rehabilitation program approximately 10 years ago, as part of the
region's Full Freight Access Initiative.
    Part of the Full Freight Access Initiative was to restore rail
freight service across the bridge to and from the Staten Island
Landfill facility (SIL) and the New York Container Terminal (formerly
the Howland Hook Terminal). The AK Railroad Bridge rehabilitation
project was completed in 2007 in anticipation of renewed rail
operations requiring the passage of train traffic across the bridge.
Trash trains have been traveling to and from the SIL since June 2007
and the revitalized New York Container Terminal has been receiving
railroad freight traffic for the past year.
    The operating rule for this bridge found at 33 CFR 117.747 is no
longer applicable or necessary as it pertains to the AK RR because the
AK RR had been maintained in the open position until last year due to
the cessation of all railroad train traffic over the bridge.

Background and Purpose

    Beginning with a temporary deviation entitled ``Drawbridge
Operation Regulations; Raritan River, Arthur Kill, and Their
Tributaries, NJ'' published on March 20, 2007 in the Federal Register
(72 FR 12981), the Coast Guard published a series of three temporary
deviations to test a variety of bridge operation schedules culminating
in the most recent test deviation published on June 3, 2008 (73 FR
31610). The proposed and final temporary deviation will confirm the
lessons learned from the previous tests, namely that shorter bridge
closure periods complemented by close coordination between the

bridge operator and marine interests, and advance broadcast notice of
intended bridge closures should satisfy the reasonable needs of
navigation and allow freight rail operations to develop and grow.

Temporary Deviation To Be Established

    The schedule considered in this notice would provide daily,
unscheduled, bridge closures up to thirty minutes in duration.
    This temporary deviation requires the AK RR to remain in the open
position at all times except during periods when it is closed for the
passage of rail traffic. Conrail, the bridge operator, has established
a dedicated hot line at<PHONE_NUMBER> for coordination of anticipated
bridge closures. Tide restrained, deep draft vessels shall call the hot
line daily to advise of expected times of vessel transit through the
AKRR. The bridge may not close for the passage of trains during any
high tide period (2 hours before until \1/2\ hour after predicted high
tide at The Battery, New York) if deep draft, tide restrained vessels
have advised Conrail of their intent to transit under the bridge. At
least 90 minutes and again at 75 minutes prior to a bridge closure the
bridge owner or operator shall issue a manual broadcast notice to
mariners (minimum range of 15 miles) on channel 13/16, VHF-FM of its
intent to close the bridge for up to thirty minutes. Beginning at 60
minutes prior to closure automated broadcasts must be repeated at 15
minute intervals and at 10 and 5 minutes prior to closure. The Coast
Guard shall be informed via call to VTS-NY at<PHONE_NUMBER>. Each day
two bridge closures, each fifteen minutes in duration, separated by a
thirty minute bridge open period are authorized to allow multiple train
movements across the bridge over a short time interval. Vessels shall
plan their transits around the announced closure period(s); however a
request for up to a 30 minute delay in the bridge closure to allow
navigation to meet tide or current requirements shall be granted if
requested within 30 minutes after the initial broadcast. Requests
received after the initial 30 minutes will not be granted; therefore
marine interests should plan their transits carefully. The bridge
owner/operator shall repeat the manual bridge closure notice via marine
radio at 75 minutes prior to the scheduled closure then via manual or
automated broadcast at 15 minute intervals until 15 minutes prior to
the intended closure at which time notice of bridge closure will be
broadcast every five minutes and once again as the bridge begins to
close and appropriate sound signal given. In the event of bridge
operational failure, the bridge owner or operator shall notify the
Coast Guard Captain of the Port, New York immediately and shall ensure
that a repair crew is on scene at the bridge no later than 45 minutes
after the bridge fails to operate and that repair crew shall remain at
the bridge until the bridge has been restored to normal operations or
raised and locked in the fully open position.
    This deviation from the operating regulations is authorized under
33 CFR 117.35.

    Dated: December 10, 2008.
Gary Kassof,
Bridge Program Manager, First Coast Guard District.
[FR Doc. E8-31070 Filed 12-30-08; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register Volume 82, Number 176 (Wednesday, September 13, 2017)]
[Notices]
[Pages 43079-43083]
[FR Doc No: 2017-19354]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2017-0002-N-21]

Proposed Agency Information Collection Activities; Comment
Request

AGENCY: Federal Railroad Administration (FRA), U.S. Department of
Transportation (DOT).

ACTION: Notice of information collection; request for comment.

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SUMMARY: Under the Paperwork Reduction Act of 1995 (PRA) and its
implementing regulations, FRA seeks approval of the currently approved
information collection activities listed below. Before submitting these
information collection requests (ICRs) to the Office of Management and
Budget (OMB) for approval, FRA is soliciting public comment on specific
aspects of the activities, which are identified in this notice.

DATES: Comments must be received no later than November 13, 2017.

ADDRESSES: Submit written comments on any or all of the following
proposed activities by mail to either: Mr. Robert Brogan, Information
Collection Clearance Officer, Office of Railroad Safety, Regulatory
Analysis Division, RRS-21, Federal Railroad Administration, 1200 New
Jersey Avenue SE., Mail Stop 25, Washington, DC 20590; or Ms. Kim
Toone, Information Collection Clearance Officer, Office of Information
Technology, RAD-20, Federal Railroad Administration, 1200 New Jersey
Avenue SE., Mail Stop 35, Washington, DC 20590. Commenters requesting
FRA to acknowledge receipt of their respective comments must include a
self-addressed stamped postcard stating, ``Comments on OMB Control
Number 2130-XXXX,'' and should also include the title of the collection
of information. Alternatively, comments may be faxed to<PHONE_NUMBER>
or<PHONE_NUMBER>, or emailed to Mr. Brogan at<EMAIL_ADDRESS>
or Ms. Toone at<EMAIL_ADDRESS>Please refer to the assigned OMB
control number in any correspondence submitted. FRA will summarize
comments received in response to this notice in a subsequent notice and
include them in its information collection submission to OMB for
approval.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Brogan, Information
Collection Clearance Officer, Office of Railroad Safety, Regulatory
Analysis Division, RRS-21, Federal Railroad Administration, 1200 New
Jersey Avenue SE., Mail Stop 25, Washington, DC 20590 (telephone: (202)
493-6292) or Ms. Kim Toone, Information Collection Clearance Officer,
Office of Information Technology, RAD-20, Federal Railroad
Administration, 1200 New Jersey Avenue SE., Mail Stop 35, Washington,
DC 20590 (telephone:<PHONE_NUMBER>).

SUPPLEMENTARY INFORMATION: The PRA, 44 U.S.C. 3501-3520, and its
implementing regulations, 5 CFR part 1320, require Federal agencies to
provide 60-days' notice to the public to allow comment on information
collection activities before seeking OMB approval of the activities.
See 44 U.S.C. 3506, 3507; 5 CFR 1320.8-12. Specifically, FRA invites
interested parties to comment on the following ICRs regarding: (1)
Whether the information collection activities are necessary for FRA to
properly execute its functions, including whether the activities will
have practical utility; (2) the accuracy of FRA's estimates of the
burden of the information collection activities, including the validity
of the methodology and assumptions used to determine the estimates; (3)
ways for FRA to enhance the quality, utility, and clarity of the
information being collected; and (4) ways for FRA to minimize the
burden of information collection activities on the public, including
the use of automated collection techniques or other forms of
information technology. See 44 U.S.C. 3506(c)(2)(A); 5 CFR
1320.8(d)(1).
    FRA believes that soliciting public comment will promote its
efforts to reduce the administrative and paperwork burdens associated
with the collection of information that Federal regulations mandate. In
summary, FRA reasons that comments received will advance three
objectives: (1) Reduce reporting burdens; (2) ensure that it organizes
information collection requirements in a ``user-friendly'' format to
improve the use of such information; and (3) accurately assess the
resources expended to retrieve and produce information requested. See
44 U.S.C. 3501.
    The summaries below describe the ICRs that FRA will submit for OMB
clearance as the PRA requires:
    Title: Identification of Cars Moved under 49 CFR 232.3(d) (Formerly
Order 13528).
    OMB Control Number: 2130-0506.
    Abstract: This collection of information identifies certain
railroad freight cars authorized to move under 49 CFR 232.3(d)
(formerly Interstate Commerce Commission Order 13528). Paragraph (d) of
49 CFR 232.3 allows for the movement of certain railroad freight cars
without air brakes from initial terminal locations or through
interchange locations under certain conditions.
    Paragraph (d) of 49 CFR 232.3 requires the cars to be identified by
a card attached to the side of the equipment specifically noting and
signed by the shipper that the car is being moved under the authority
of that paragraph. Railroads typically use carrier bad order forms or
tags for these purposes. These forms are readily available from all
carrier repair facilities. If a car moving under 49 CFR 232.3(d) is not
properly tagged, a carrier is not legally allowed to move the car.
Section 232.3(d)(3) does not require carriers or shippers to retain
cards or tags. When a car bearing a tag for movement under this
provision arrives

at its destination, the tag is simply removed. FRA estimates
approximately 400 cars per year are moved under this regulation.

    Form Number(s): N/A.
    Affected Public: Businesses.
    Respondent Universe: 755 railroads.
    Frequency of Submission: On occasion.
    Affected Public: Businesses.
    Reporting Burden:

----------------------------------------------------------------------------------------------------------------
                                                                                Average time
         CFR section             Respondent universe     Total annual responses    per response    Total annual
                                                                                (minutes)     burden hours
----------------------------------------------------------------------------------------------------------------
232.3(d)--Cars moved in       755 railroads...........  800 tags................               5              67
 Accordance with Emergency
 Order 13528--Tagging.
----------------------------------------------------------------------------------------------------------------

    Total Estimated Annual Responses: 800.
    Total Estimated Annual Burden: 67 hours.
    Type of Request: Extension without Change of a Currently Approved
Collection.
    Title: U.S. Locational Requirement for Dispatching U.S. Rail
Operations.
    OMB Control Number: 2130-0556.
    Abstract: With one exception, 49 CFR part 241 requires, in the
absence of a waiver, that all dispatching of railroad operations
occurring in the United States be performed in the United States. A
railroad may, however, conduct dispatching from Mexico or Canada in an
emergency situation, but only for the duration of the emergency
situation. A railroad relying on this exception must provide written
notification of its action to the FRA Regional Administrator of each
FRA region in which the railroad emergency operation occurs as soon as
practicable; such notification is not required before addressing the
emergency situation. The information collected under this rule is used
as part of FRA's oversight function to ensure that extraterritorial
dispatchers comply with applicable safety regulations.

    Form Number(s): N/A.
    Affected Public: Businesses.
    Respondent Universe: 4 railroads.
    Frequency of Submission: On occasion.
    Affected Public: Businesses.
    Reporting Burden:

----------------------------------------------------------------------------------------------------------------
                                                                                Average time
         CFR section             Respondent universe     Total annual responses    per response    Total annual
                                                                                (hours)      burden hours
----------------------------------------------------------------------------------------------------------------
241.9--Written notification   4 railroads.............  1 notice................               8               8
 to FRA Regional
 Administrator of emergency
 where dispatcher outside
 the U.S. dispatches a
 railroad operation in the
 U.S. for the duration of
 the emergency.
----------------------------------------------------------------------------------------------------------------

    Total Estimated Annual Responses: 1.
    Total Estimated Annual Burden: 8 hours.
    Type of Request: Extension without Change of a Currently Approved
Collection.
    Title: Safety and Health Requirements Related to Camp Cars.
    OMB Control Number: 2130-0595.
    Abstract: Subparts C and E of 49 CFR part 228 address the
construction of railroad-provided sleeping quarters (camp cars) and set
certain safety and health requirements for such camp cars.
Specifically, subpart E of part 228 prescribes minimum safety and
health requirements for camp cars that a railroad provides as sleeping
quarters to any of its train employees, signal employees, and
dispatching service employees (covered-service employees) and
individuals employed to maintain its right of way. Subpart E requires
railroad-provided camp cars to be clean, safe, sanitary, and be
equipped with indoor toilets, potable water, and other features to
protect the health of car occupants. Subpart C of part 228 prohibits a
railroad from positioning a camp car intended for occupancy by
individuals employed to maintain the railroad's right of way in the
immediate vicinity of a switching or humping yard which handles
railcars containing hazardous material. Generally, the requirements of
Subparts C and E to part 228 are intended to provide covered-service
employees an opportunity for rest free from the interruptions caused by
noise under the control of the railroad.
    The information collected under this rule is used by FRA to ensure
railroads operating camp cars comply with all the requirements mandated
in this regulation to protect the health and safety of camp car
occupants.

    Form Number(s): N/A.
    Affected Public: Businesses.
    Respondent Universe: 1 railroad.

----------------------------------------------------------------------------------------------------------------
                                                            Total annual       Average time per    Total annual
           CFR section             Respondent universe       responses             response        burden hours
----------------------------------------------------------------------------------------------------------------
228.323--Copy--Water Hydrant/      1 railroad.........  740 Inspections....  3 minutes..........              37
 Hoses/Nozzle Inspections.
    --Hydrant/Hoses/Nozzle         1 railroad.........  740 Records........  2 minutes..........              25
     Inspections--Records.
    --Copy of records at Central   1 railroad.........  740 Record copies..  10 seconds.........               2
     Location.
    --Training--For Individuals    1 railroad.........  5 Trained employees  15 minutes.........               1
     to Fill Potable Water
     Systems.
    --Certification from State/    1 railroad.........  666 Certificates...  1 hour.............             666
     Local Health Authority.
    --Certification by Laboratory  1 railroad.........  74 Certificates....  20 minutes.........              25
    --Certification Copies.......  1 railroad.........  740 Certification    10 seconds.........               2
                                                         copies.
    --Draining/Flushing and        1 railroad.........  111 Records........  30 minutes.........              56
     Record.
    --Occupant Report of Taste     1 railroad.........  10 Taste reports...  10 seconds.........            .028
     Problem.

    --Draining/Flushing and        1 railroad.........  10 Records.........  30 minutes.........               5
     Record When Taste Report.
    --Lab Tests from Taste Report  1 railroad.........  10 Tests/            20 minutes.........               3
                                                         certificates.
    --Lab Report Copies..........  1 railroad.........  10 Lab report        2 minutes..........           .3333
                                                         copies.
    --Signage (for Non-Potable     1 railroad.........  740 Signs..........  2.5 minutes........              31
     Water).
228.331--First Aid and Life
 Safety
    --Modified Emergency           1 railroad.........  740 Modified Plans.  15 minutes.........             185
     Preparedness Plan.
    --Modified Emergency           1 railroad.........  5,840 Plan Copies..  3 seconds..........               5
     Preparedness Copies.
228.333--Remedial Action
    --Oral Report of Needed        1 railroad.........  30 Reports.........  10 seconds.........          .08333
     Repair.
----------------------------------------------------------------------------------------------------------------

    Total Estimated Annual Responses: 11,206.
    Total Estimated Annual Burden: 1,043 hours.
    Type of Request: Extension without Change of a Currently Approved
Collection.
    Title: Training, Qualification, and Oversight for Safety-Related
Railroad Employees.
    OMB Control Number: 2130-0597.
    Abstract: On November 7, 2014, FRA published a final rule--49 CFR
parts 214, 232, and 243--establishing minimum training standards for
all safety-related railroad employees, as required by the Rail Safety
Improvement Act of 2008. The final rule requires each railroad or
contractor that employs one or more safety-related employees to develop
and submit a training program to FRA for approval and to designate the
minimum training qualifications for each occupational category of
employee.
    The rule also requires most employers to conduct periodic oversight
of their own employees and annual written reviews of their training
programs to close performance gaps. Additionally, the rule requires
specific training and qualification of operators of roadway maintenance
machines that can hoist, lower, and horizontally move a suspended load.
    Finally, the rule clarifies the existing training requirements for
railroad and contractor employees who perform brake system inspections,
tests, or maintenance.
    FRA will use the information collected to ensure each employer--
railroad or contractor--conducting operations subject to new part 243
develops, adopts, submits, and complies with a training program for
each category and subcategory of safety-related railroad employee. Each
program must have training components identified so that FRA will
understand how the program works when it reviews the program for
approval. Further, FRA will review the required training programs to
ensure they include initial, ongoing, and on-the-job criteria; testing
and skills evaluation measures designed to foster continual compliance
with Federal standards; and the identification of critical safety
defects and plans for immediate remedial actions to correct them.
    In response to petitions for reconsideration, FRA has extended the
effective date for developing the required Training Program under Sec.
243.101 for employers with 400,000 or more total annual employee work
hours to January 1, 2019, and for employers with less than 400,000
total annual employee work hours to May 1, 2020.
    Form Number(s): N/A.
    Affected Public: Businesses.
    Respondent Universe: 1,550 railroads/contractors/training
organizations/learning institutions.

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

----------------------------------------------------------------------------------------------------------------
214.357--Training and             535 railroads/      535 revised         4 hours...........  2,140 hours.
 Qualification Program for         contractors.        programs.
 Operators of Roadway
 Maintenance Machines (RMM)
 Equipped with a Crane.
    --Initial Training/           17,396 roadway      1,750 tr. worker +  24 hours + 4 hours  104,584 hour.
     Qualification of RMM          workers.            15,646 tr. wrkr.
     Operators (Cranes).
    --Periodic Training/          17,396 roadway      17,396 trained      1 hour............  17,396 hours.
     Qualification of RMM          workers.            workers.
     Operators (Cranes).
    --Records of Training/        17,396 roadway      17,396 records....  15 minutes........  4,349 hours.
     Qualification.                workers.
243.101--Training Programs        56 railroads/       18 programs.......  6,480 hours.......  116,640 hours.
 Submissions by Employers          contractors/etc.
 subject to this Part with
 400,000 total annual employee
 work hours or more by Jan. 1,
 2018.
    --Submissions by Employers    1,461 railroads/    496 programs......  20 hours..........  9,920 hours.
     subject to this Part with     contractors/etc.
     less than 400,000 total
     annual work hours by May 1,
     2020.
    --Submission by New           5 New Railroads...  5 programs........  40 hours..........  200 hours.
     Employers Commencing
     Operations after Jan. 1,
     2019.
    --Validation documents sent   795 railroad        50 documents......  15 minutes........  13 hours.
     from contractors that train   contractors/
     their own safety-related      subcontractors.
     employees to railroads that
     are using their training
     programs.
    --Copies of contractor        795 railroads.....  50 copies.........  10 minutes........  8 hours.
     validation documents kept
     by railroads.
243.103--Training Programs        1,489 railroads/    73 programs.......  10 hours..........  730 hours.
 required to be modified by FRA    contractors/etc.
 due to essential missing/
 inadequate components.

243.105--Optional Model Program   1,489 railroads/    4 model training    8 hours...........  32 hours.
 Development.                      contractors/etc.    programs.
    --Customized Training         1,489 railroads/    113 customized      4 hours...........  452 hours.
     Program Submissions.          contractors/etc.    training programs.
243.109--Initial Training         56 railroads/       7 programs........  10 hours..........  70 hours.
 Programs Found Non-Conforming     contractors/etc.
 to this Part by FRA--Revisions
 to Programs.
    --Written Request to Extend   56 railroads/       1 request.........  15 minutes........  .25 hour.
     Revision/Resubmission         contractors/etc.
     Deadline.
    --Previously Approved         56 railroads/       8 informational     432 hours.........  3,456 hours.
     Programs Requiring an         contractors/etc.    filings.
     Informational Filing When
     Modified.
    --New Portions or             56 railroads/       25 revised          16 hours..........  400 hours.
     Substantial Revisions to an   contractors.        programs.
     approved Training Program.
    --Training Programs found     56 railroads/       12 rev. program...  16 hours..........  192 hours.
     Deficient.                    contractors.
    --Copy of Additional          56 railroads/       225 copies........  15 minutes........  56 hours.
     Submissions, Resubmissions,   contractors.
     and Informational Filings
     to Labor (Union) Presidents.
    --Railroad Statement          56 railroads/       25 affirming        60 minutes........  25 hours.
     Affirming that a copy of      contractors/etc.    statements.
     Submissions, Resubmissions,
     or Informational Filings
     has been served to Labor
     (Union) Presidents.
    --Labor comments on Railroad  5 RR labor          3 comments........  4 hours...........  12 hours.
     Training Program              organizations.
     Submissions, Resubmissions,
     or Informational Filings.
243.111--Written Request by       50 tr.              3 requests........  60 minutes........  3 hours.
 Training Organization/Learning    organizations/
 Institution Previously            Learning
 Providing Training Services to    Institutions.
 Railroads Prior to Jan. 1,
 2018, to Provide Such Services
 after Jan. 1, 2019.
    --Revised/Resubmitted         50 tr.              2 programs........  20 hours..........  40 hours.
     Training Program by           Organizations/
     Training Organization/        Learning Inst.
     Learning Institution after
     found Deficient by FRA.
    --Informational Filing by     50 tr.              1 filing..........  432 hours.........  432 hours.
     Training Organization/        Organizations/
     Learning Institution due to   Learning Inst.
     New Federal Laws/
     Regulations/Order or New
     Technologies/Procedures/
     Equipment.
    --New Portions or Revisions   50 tr.              2 programs........  20 hours..........  40 hours.
     to Training Organization/     Organizations/
     Learning Institution          Learning Inst.
     Training Program Found
     Deficient.
    --Safety Related Employees    50 tr.              1,600 employees +   8 hours + 5         12,933 hours.
     Instructed by Training        Organizations/      1,600 records.      minutes.
     Organizations/Records.        Learning Inst.
    --Request to Training         50 tr.              200 requests + 200  5 minutes + 5       34 hours.
     Organization/Learning         Organizations/      records.            minutes.
     Institution by Student to     Learning Inst.
     Provide Transcript or
     Record.
243.113--Required Employer        106 RRs/            60 letters........  15 minutes........  15 hours.
 Information Sent to FRA Prior     contractors/
 to First Electronic Submission    learning
 (Employers with 400,000 Annual    institution /
 Work Hours or More).              associations.
243.201--Designation of Existing  106 railroads/      13 lists..........  15 minutes........  3 hours.
 Safety-related Employees by Job   contractors.
 Category--Lists (Employer with
 400,000 Annual Work Hours or
 More).
    --Written Request to Extend   106 railroads/      3 requests........  60 minutes........  3 hours.
     Deadline for Designation      contractors.
     List by These Employers.
    --New RRs Operating After     5 railroads.......  5 lists...........  15 minutes........  1 hour.
     Jan. 1, 2018, Designation
     of Safety-related Employees
     by Job Category--Lists.
    --Training of Newly Hired     106 railroads/      114 tr. employees   8 hours + 15        941 hours.
     Employees or Those Assigned   contractors.        + 114 records.      minutes.
     New Safety-related Duties
     and Records.
    --Requests for Relevant       106 railroads/      11 requests + 11    5 minutes + 5       2 hours.
     Qualification or Training     contractors.        records.            minutes.
     Record from an Entity Other
     Than Current Employer.
    --Testing of Employees When   106 railroads/      68 tests + 68       8 hours + 30        578 hours.
     Current Record of Training    contractors.        records.            minutes.
     is Unavailable.

    --Testing of Employees Who    106 railroads/      68 tests + 68       8 hours + 30        578 hours.
     Have Not Received Initial/    contractors.        records.            minutes.
     Periodic Training or Who
     Have Not Performed the
     Necessary Safety-Related
     Duties for an Occupational
     Category or Subcategory in
     the Previous 180 Days.
243.203--Electronic               106 RRs/            20 systems........  120 hours.........  2,400 hours.
 Recordkeeping--Systems Set Up     contractors.
 to Meet FRA Requirements.
    --Transfer of Records to      106 RRs/            20 records........  15 minutes........  5 hours.
     Successor Employer.           contractors.
243.205--Modified Training        106 railroads/      1 modified          40 hours..........  40 hours.
 Resulting from Periodic           contractors.        programs.
 Oversight Tests and Inspections.
    --Periodic Tests and          106 railroads/      8,600 tests/        10 minutes........  1,433 hours.
     Inspections.                  contractors.        Inspections.
    --RR Identification of        106 railroads/      10 identification.  5 minutes.........  1 hour.
     Supervisory Employees Who     contractors.
     Conduct Periodic Oversight
     Tests by Category/
     Subcategory.
    --Contractor Periodic Tests/  106 railroads/      4,695 tests/        20 minutes........  1,565 hours.
     Inspections Conducted by RR   contractors.        inspections.
     Supervisory Employees.
    --Notification by RR of       106 railroads/      175 notices + 175   5 minutes.........  30 hours.
     Contractor Employee Non-      contractors.        notices.
     Compliance with Federal
     Laws/Regulations/Orders to
     Employee and Employee's
     Employer.
    --Contractor conduct of       795 contractors...  795 tests/          10 minutes........  133 hours.
     Periodic Oversight Tests/                         inspections.
     Inspections of Its Safety-
     related Employees.
    --Contractor Direct Training  11 contractors....  45 trained          8 hours...........  360 hours.
     of Its Employees for                              employees.
     Qualifying Those Employees
     to Perform Safety-related
     Duties.
    --Employer Records of         56 railroads/       5,490 records.....  5 minutes.........  458 hours.
     Periodic Oversight.           contractors.
243.207--Written Annual Review    18 railroads......  4 reviews.........  20 hours..........  80 hours.
 of Safety Data (RRs with
 400,000 Annual Employee Work
 Hours or More).
    --RR Copy of Written Annual   18 railroads......  4 review copies...  20 minutes........  1 hour.
     Review at System
     Headquarters.
    --RR Designation of           18 railroads......  48 designations...  15 minutes........  12 hours.
     Person(s) to Conduct
     Written Annual Review.
    --Adjustments to Initial/     18 railroads......  1 adjusted program  1 hour............  1 hour.
     Refresher Training Based
     Upon Results of Written
     Annual Review.
    --RR Notification to          18 railroads......  2 notifications...  15 minutes........  1 hour.
     Contractor of Relevant
     Training Program
     Adjustments.
    --Contractor Adjustment of    38 contractors....  1 adjusted program  20 hours..........  20 hours.
     Its Training Program Based
     on RR Information.
243.209--Railroad Maintained      106 railroads.....  11 lists..........  30 minutes........  6 hours.
 List of Contractors Utilized.
    --Updated Lists of            106 railroads.....  1 list............  15 minutes........  .25 hour.
     Contractors.
----------------------------------------------------------------------------------------------------------------

    Total Estimated Annual Responses: 71,752.
    Total Estimated Annual Burden: 281,752 hours.
    Under 44 U.S.C. 3507(a) and 5 CFR 1320.5(b) and 1320.8(b)(3)(vi),
FRA informs all interested parties that it may not conduct or sponsor,
and a respondent is not required to respond to, a collection of
information unless it displays a currently valid OMB control number.

    Authority:  44 U.S.C. 3501-3520.

Brett A. Jortland,
Acting Chief Counsel.
[FR Doc. 2017-19354 Filed 9-12-17; 8:45 am]
 BILLING CODE 4910-06-P


[Federal Register Volume 87, Number 242 (Monday, December 19, 2022)]
[Rules and Regulations]
[Pages 77522-77526]
[FR Doc No: 2022-27134]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R01-OAR-2021-0443; FRL-8778-02-R1]

Approval and Promulgation of State Plan for Designated Facilities
and Pollutants: New Hampshire; 111(d)/129 Revised State Plan for
Existing Large and Small Municipal Waste Combustors

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving the
Clean Air Act (CAA) state plan revision for existing large and small
municipal waste combustors (MWCs) submitted by the New Hampshire
Department of Environmental Services (NHDES) on October 1, 2018. The
revised state plan incorporates fuel quality standards and test methods
for large MWC facilities that combust processed wood residue (PWR) from
construction and demolition (C&D) debris.

DATES: This rule is effective on January 18, 2023. The incorporation by
reference of certain publications listed in the rule is approved by the
Director of the Federal Register as of January 18, 2023.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2021-0443. All documents in the docket
are listed on the https://www.regulations.gov website. Although listed
in the index, some information is not publicly available, i.e., CBI or
other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
internet and will be publicly available only in hard copy form.
Publicly available docket materials are available at https://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA
Region 1 Regional Office, Air and Radiation Division, 5 Post Office
Square--Suite 100, Boston, MA. EPA requests that if at all possible,
you contact the contact listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m.,
excluding legal holidays and facility closures due to COVID-19.

FOR FURTHER INFORMATION CONTACT: Jessica Kilpatrick, Air Permits,
Toxics, and Indoor Programs Branch, Air and Radiation Division, U.S.
Environmental Protection Agency, Region 1, 5 Post Office Square, Mail
Code: 05-2, Boston, MA 02109-0287. Telephone:<PHONE_NUMBER>. Fax: 617-
918-0652 Email: [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.

Table of Contents

I. Background and Purpose
II. Response to Comments
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background and Purpose

    EPA published a Notice of Proposed Rulemaking (NPRM) on September
3, 2021 (86 FR 49501) for the State of New Hampshire. The NPRM proposed
approval of the CAA sections 111(d)/129 revised state plan for existing
large

and small MWCs submitted by NHDES on October 1, 2018.
    NHDES amended its state plan Env-A 3300, Municipal Waste
Combustion, for existing large and small MWCs on August 11, 2018 to
remove a ban on PWR combustion in response to a change in the state
statute ``Devices Contributing to Air Pollution'' RSA 125-C:10. The
change in the state statute allows combustion of no more than 10,000
tons per year of PWR at any MWC from November 15 through April 15 from
facilities that process C&D debris in a manner no less stringent than
the requirements at 40 CFR 241.4(a)(5), Non-Waste Determinations for
Specific Non-Hazardous Secondary Materials When Used as a Fuel. The
change also required NHDES to adopt rules regarding fuel quality
standards and test methods in accordance with RSA 125-C:6, XIV-a,
before any such combustion shall occur; therefore NHDES revised its
associated state plan.
    Accordingly, the state plan revision incorporates fuel quality
standards and test methods for MWCs that combust PWR. It includes
changes to Env-A 3300, defining PWR as C&D wood processed from C&D
debris according to best management practices as described in 40 CFR
241.4(a)(5). The revision includes a new part Env-A 3308 ``Additional
Requirements for Combusting PWR'' applicable to large MWCs with
sections outlining applicability, operating practices, PWR fuel
quality, fuel supplier requirements, independent third-party
inspections, analysis of composite samples, reporting and recordkeeping
for large MWCs combusting PWR, and cessation and resumption of receipt
of PWR from a supplier.
    Subsequently, NHDES submitted the revised state plan to EPA on
October 1, 2018. EPA evaluated the state plan for consistency with the
CAA, EPA guidelines, and policy. We determined that NHDES's state plan
implements and enforces provisions at least as protective as the
Federal emission guidelines applicable to existing large and small
MWCs. NHDES demonstrates legal authority to adopt emission standards
and compliance schedules applicable to the designated facilities;
enforce applicable laws, regulations, standards, and compliance
schedules; seek injunctive relief; obtain information necessary to
determine compliance; require record keeping; conduct inspections and
tests; require the use of monitors; require emission reports of owners
and operators; and make emission data publicly available. Other
specific requirements for the revised state plan and the rationale for
EPA's proposed action are explained in the NPRM and will not be
restated here.

II. Response to Comments

    EPA received three comments in response to the NPRM during the
public comment period, all of which were adverse in nature to EPA's
proposed approval of the action.
    The first comment received suggested that EPA consider a different
route of waste disposal to minimize negative impacts to the environment
and human health. This comment is outside the scope of EPA's proposed
action in that EPA is approving New Hampshire's state plan which meets
EPA's promulgated guidelines for MWCs. In addition, the comment did not
explain, or provide a legal basis for, how the proposed action should
differ in any way within the context of EPA's guidelines; nor did the
comment specifically mention the proposed action. Finally, the
commenter did state that New Hampshire's rule would have a positive
impact on the environment and public health. CAA section 129 and its
implementing regulations impose requirements on sources that combust
solid waste. If a state submits a revised state plan to EPA for solid
waste combustion facilities that contains all applicable requirements,
EPA does not have the authority to deny the revised state plan in favor
of another means or method for solid waste disposal. As such, this
comment has not resulted in a change to our original proposal and EPA
is finalizing the action as proposed.
    Two comments stated that there will be adverse health impacts to
surrounding communities as a direct result from combusting PWR
(referred to as C&D or C&D waste) at Wheelabrator Concord Company L.P.
(Wheelabrator), currently the only facility subject to the New
Hampshire state plan. Both commenters directly cited the NPRM's
Background Section III entitled, ``Why does EPA regulate air emissions
from MWCs?,'' which states that municipal solid waste (MSW) combustion
emits various air pollutants such as particulate matter, hydrogen
chloride, dioxins/furans, heavy metals (lead, cadmium, and mercury),
sulfur dioxide, and nitrogen oxides. One of these comments cited public
health resources and records of public concern, including testimony and
background on: (1) New Hampshire House Bill 358; \1\ (2) petitioners'
``Response to EPA Order, Wheelabrator Concord Company, Permit No. TV-
0032;'' (3) the Seventh Biennial Report from the International Joint
Commission on the Great Lakes Water Quality Agreement of 1978; (4)
EPA's Summary of Executive Order 13045--``Protection of Children From
Environmental Health Risks and Safety Risks;'' (5) a presentation by
the New Hampshire Division of Public Health Services entitled
``Childhood Lead Poisoning in NH--The Economic Burden;'' and (6) the
State of New Hampshire Air Quality 2017 Executive Edition report. The
comment emphasized the toxicity of lead exposure, its impact on
children, and the resulting economic burden.
---------------------------------------------------------------------------

    \1\ Relative to combustion of wood residue at municipal waste
combustors. NH HB 358, 2019 Regular Session. (N.H. 2019). https://legiscan.com/NH/bill/HB358/2019.
---------------------------------------------------------------------------

    However, neither of these comments mention EPA's 2016 final
rulemaking, entitled ``Additions to List of Categorical Non-Waste
Fuels,'' which requires processed C&D wood to remove contaminants in
accordance with best management practices at 40 CFR 241.4(a)(5).
Sorting by trained operators excludes or removes the following
materials from the final product fuel: non-wood materials (e.g.,
polyvinyl chloride and other plastics, drywall, concrete, aggregates,
dirt, and asbestos), and wood treated with creosote, pentachlorophenol,
chromated copper arsenate, or other copper, chromium, or arsenical
preservatives. In addition, C&D processing facilities that use positive
sorting (where operators pick out desirable wood from co-mingled
debris) or that receive and process positive sorted C&D wood, must
either exclude all painted wood (to the extent that only de minimis
quantities inherent to processing limitations may remain) from the
final product fuel, use X-ray Fluorescence to ensure that painted wood
included in the final product fuel does not contain lead-based paint,
or require documentation that a building has been tested for and does
not include lead-based paint before accepting demolition debris from
that building. C&D processing facilities that use negative sorting
(where operators remove contaminated or otherwise undesirable materials
from co-mingled debris) must remove fines (i.e., small-sized particles
that may contain relatively high concentrations of lead and other
contaminants) and either remove all painted wood (to the extent that
only de minimis quantities inherent to processing limitations may
remain), use X-ray Fluorescence to detect and remove lead-painted wood,
or require documentation that a building has been tested for and does
not include lead-based paint before accepting demolition debris from
that building. See 81 FR 6694.

    When processed in these manners and complying with all the
requirements of the categorical non-waste determination, C&D wood is no
longer considered a solid waste. In the case of New Hampshire, PWR,
which equates to C&D wood processed in accordance with the best
management practices at 40 CFR 241.4(a)(5), is still required to be
combusted within MWCs and its combustion emissions are regulated via
the state plan.
    EPA's 2016 final rulemaking action for ``Additions to List of
Categorical Non-Waste Fuels'' explains that preceding its proposed
rulemaking, EPA analyzed more than 220 samples of processed C&D wood
from nine combustion facilities. The Agency compared the contaminant
levels found in the processed C&D wood to the contaminant levels found
in clean wood and biomass materials. Contaminants most likely to be
present in C&D debris (arsenic, chromium, lead, mercury, chlorine,
fluorine, sulfur, formaldehyde, and pentachlorophenol) were all
comparable or lower in the C&D wood than in clean wood and biomass
materials, with the exceptions of lead, pentachlorophenol, and
formaldehyde. See 81 FR 6697-6698, Table 1. As a result, EPA
promulgated additional controls to adequately reduce lead and
pentachlorophenol at 40 CFR 241.4(a)(5) (e.g., positive and negative
sorting requirements to exclude painted woods from the combustible
stream of material).\2\
---------------------------------------------------------------------------

    \2\ For the pollutant formaldehyde, EPA concluded that proposed
rules published in 2013, Formaldehyde; Third-Party Certification
Framework for the Formaldehyde Standards for Composite Wood Products
(78 FR 34796) and Formaldehyde Emissions Standards for Composite
Wood Products (78 FR 34820), would limit levels of formaldehyde in
wood products and thus reduce the levels of formaldehyde in
processed C&D wood. These rules were finalized by EPA on December
12, 2016, at 40 CFR 770 to implement the Formaldehyde Standards for
Composite Wood Products Act, which added Title VI to the Toxic
Substances Control Act (TSCA).
---------------------------------------------------------------------------

    Additionally, the commenters misunderstood EPA's own language in
the NPRM for this rulemaking. Section III, entitled ``Why does EPA
regulate air emissions from MWCs?'', refers to why EPA regulates air
emissions from MWCs. Unregulated combustion of MSW emits various air
pollutants that are detrimental to human health and the environment.
Therefore, EPA regulates these emissions under CAA sections 111(d) and
129 to protect human health and the environment. C&D wood itself is
identified as not being a solid waste when used as fuel in a combustion
unit and processed in the required manner at 40 CFR part 241.4, Non-
Waste Determinations for Specific Non-Hazardous Secondary Materials
When Used as a Fuel. A non-waste, non-hazardous secondary material
cannot be identified as MSW, and the emitted pollutants from combustion
of these materials are also not identical to and should not be
characterized as such.
    Regarding the regulatory process, a commenter stated that New
Hampshire citizens ``face barriers to public participation and access
to resolution on issues that are provided for the public'' at the state
level. NHDES provided adequate opportunities for public participation
throughout the state rulemaking process to amend New Hampshire Code of
Administrative Rules Env-A 3300 Municipal Waste Combustion. The
rulemaking process initiated in 2016 was introduced by the NHDES Air
Resources Division and the Solid Waste Division at multiple stakeholder
meetings open to the public with opportunities for comment. The
proposed rule was presented to the NHDES Air Resources Council on
September 11, 2017, and the final rule was posted for notice on May 14,
2018, with a public hearing on June 15, 2018, and a comment period
ending on June 29, 2018.
    There also were comments regarding the administration of the NHDES
Air Resources Division, specifically concerning Title V operating
permit shields, reporting of emissions, nitrogen oxides
(NOX) emissions compliance, and a general lack of
monitoring. EPA finds these comments to be outside the scope of this
rulemaking and thus no response to those comments is necessary.
    Moreover, suggestions from both commenters to reject the state plan
and continue the ban on PWR combustion are outside the scope of EPA
Region 1's jurisdiction and this particular rulemaking. NHDES has the
authority to incorporate standards in its state plan that are at least
as protective as Federal emission guidelines. The state plan revision
does not contradict or contravene 40 CFR part 60, subpart Cb, Emission
Guidelines and Compliance Times for Large Municipal Waste Combustors
That are Constructed on or Before September 20, 1994, or 40 CFR part
241, subpart B, Identification of Non-Hazardous Secondary Materials
that are Solid Wastes when Used as Fuels or Ingredients in Combustion
Units.
    Finally, a comment stated that our proposed approval of New
Hampshire's regulation is inconsistent with the requirements of
Executive Order 13045, Protection of Children from Environmental Health
Risks and Safety Risks. EPA disagrees with the commenter. This
executive order was issued by President William J. Clinton in 1997. The
order applies to economically significant rules under Executive Order
12866 that concern an environmental health or safety risk that EPA has
reason to believe may disproportionately affect children. Environmental
health risks or safety risks refer to risks to health or to safety that
are attributable to products or substances that the child is likely to
come in contact with or ingest (such as the air we breathe, the food we
eat, the water we drink or use for recreation, the soil we live on, and
the products we use or are exposed to). When promulgating a rule of
this description, EPA must evaluate the effects of the planned
regulation on children and explain why the regulation is preferable to
potentially effective and reasonably feasible alternative. Executive
Order 12866 defines ``significant regulatory action'' as one which
generally is any regulatory action that is likely to result in a rule
that may:
     Have an annual effect on the economy of $100 million or
more or adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
     Create a serious inconsistency or otherwise interfere with
an action taken or planned by another agency;
     Materially alter the budgetary impact of entitlements,
grants, user fees, or loan programs or the rights and obligations of
recipients thereof; or
     Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
this Executive order.
    EPA has determined that the criteria above have not been met for
this rulemaking.

III. Final Action

    EPA is approving NHDES's CAA sections 111(d)/129 revised state plan
for existing large and small MWCs.

IV. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the State of
New Hampshire amended Code of Administrative Rules Env-A 3300,
Municipal Waste Combustion, with a state effective date of September
27, 2018. The amended Env-A 3300 applies to Large and Small Municipal
Waste

Combustors to comply with section 111(d) and section 129 of the Clean
Air Act. EPA has made, and will continue to make, these documents
generally available through https://www.regulations.gov and at EPA
Region 1 Office (please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of this preamble for more
information). This incorporation by reference is approved by the
Director of the Federal Register upon the effective date of this final
rule, and the plan is federally enforceable under the CAA as of the
effective date of this final rulemaking.

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
state plan submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing state plan submissions, EPA's role is to approve
state choices, provided that they meet the criteria of the Clean Air
Act. Accordingly, this action merely approves state law as meeting
Federal requirements and does not impose additional requirements beyond
those imposed by state law. For that reason, this action:
    Is not a significant regulatory action subject to review by the
Office of Management and Budget under Executive Orders 12866 (58 FR
51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the state plan is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by February 17, 2023. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. See 42 U.S.C. 7607(b)(2).

List of Subjects in 40 CFR Part 62

    Environmental protection, Air pollution control, Administrative
practice and procedure, Incorporation by reference, Industrial
facilities, Intergovernmental relations, Reporting and recordkeeping
requirements, Sulfur oxides, Waste treatment and disposal.

    Dated: December 6, 2022.
David Cash,
Regional Administrator, EPA Region 1.

    Part 62 of chapter I, title 40 of the Code of Federal Regulations
is amended as follows:

PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED
FACILITIES AND POLLUTANTS

0
1. The authority citation for part 62 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart EE--New Hampshire

0
2. Section Sec.  62.7325 is amended by adding paragraphs (b)(4)(iii)
and (d) to read as follows:

 Sec.  62.7325  Identification of plan.

* * * * *
    (b) * * *
    (4) * * *
    (iii) Revised State Plan for Large and Small Municipal Waste
Combustors was submitted on October 1, 2018. Revisions included
amendments to New Hampshire Code of Administrative Rules Env-A 3300
Municipal Waste Combustion in response to a change in the state statute
relative to ``Devices Contributing to Air Pollution'' enacted by the
New Hampshire General Court in 2016 and codified at New Hampshire
Revised Statutes Annotated 125-C:10-c, that incorporates fuel quality
standards and test methods for Large MWCs that combust processed wood
residue from construction and demolition debris. The plan includes
revisions to the regulatory provisions cited in paragraph (d) of this
section, which EPA incorporates by reference.
* * * * *
    (d) Incorporation by reference. (1) The material incorporated by
reference in this section was approved by the Director of the Federal
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may
obtain copies at the EPA Region 1 Regional Office, Air and Radiation
Division, 5 Post Office Square-Suite 100, Boston, MA,<PHONE_NUMBER> and
from the source listed in paragraph (d)(2) of this section. You may
also inspect the materials at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, email [email protected], or go to:
www.archives.gov/federal-register/cfr/ibr-locations.html.
    (2) State of New Hampshire, New Hampshire Department of
Environmental Services, 29 Hazen Drive, Concord, NH 03302, 603-271-

3503, https://www.des.nh.gov/rules-and-regulatory/administrative-rules.
    (i) New Hampshire Code of Administrative Rules Env-A 3300,
``Municipal Waste Combustion,'' effective September 27, 2018.
    (ii) [Reserved]

[FR Doc. 2022-27134 Filed 12-16-22; 8:45 am]
BILLING CODE 6560-50-P