[Federal Register Volume 81, Number 122 (Friday, June 24, 2016)]
[Rules and Regulations]
[Pages 41222-41229]
[FR Doc No: 2016-14298]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 271 and 272

[EPA-R08-RCRA-2016-0131; FRL 9947-04-Region 8]

South Dakota: Final Authorization of State Hazardous Waste
Management Program Revisions and Incorporation by Reference

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The State of South Dakota has applied to the Environmental
Protection Agency (EPA) for Final authorization of the changes to its
hazardous waste program under the Resource Conservation and Recovery
Act (RCRA). The EPA has determined that these changes satisfy all
requirements needed to qualify for final authorization, and is
authorizing the State's changes through this direct final action. The
EPA uses the regulations entitled ``Approved State Hazardous Waste
Management Programs'' to provide notice of the authorization status of
State programs and to incorporate by reference those provisions of
State statutes and regulations that will be subject to the EPA's
inspection and enforcement. This rule also codifies in the regulations
the approval of South Dakota's hazardous waste management program and
incorporates by reference authorized provisions of the State's
regulations.

DATES: This rule is effective on August 23, 2016 unless the EPA
receives adverse written comment by July 25, 2016. The incorporation by
reference of certain publications listed in the rule is approved by the
Director of the Federal Register as of August 23, 2016. If the EPA
receives adverse comment, it will publish a timely withdrawal of this

direct final rule in the Federal Register and inform the public that
this authorization will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
RCRA-2016-0131 by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the on-line instructions for submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER> (prior to faxing, please notify the EPA
contact listed below).
    4. Mail, Hand Delivery or Courier: Christina Cosentini, Resource
Conservation and Recovery Program, EPA Region 8, Mailcode 8P-R, 1595
Wynkoop Street, Denver, Colorado 80202-1129. Courier or hand deliveries
are only accepted during the Regional Office's normal hours of
operation. The public is advised to call in advance to verify business
hours. Special arrangements should be made for deliveries of boxed
information.
    Instructions: Direct your comments to Docket ID No. EPA-R08-RCRA-
2016-0131. EPA's policy is that all comments received will be included
in the public docket without change and may be available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov, or
email. The federal http://www.regulations.gov Web site is an
``anonymous access'' system, which means the 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 the EPA without
going through 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, the 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 the EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, the
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 hard copy
form. Publicly available docket materials are available either
electronically through http://www.regulations.gov or in hard copy at:
EPA Region 8, from 8 a.m. to 4 p.m., 1595 Wynkoop Street, Denver,
Colorado, contact: Christina Cosentini, phone number<PHONE_NUMBER>, or
the South Dakota Department of Environmental and Natural Resources,
from 9 a.m. to 5 p.m., Joe Foss Building, 523 East Capitol Avenue,
Pierre, South Dakota 57501, contact: Carrie Jacobson, phone number
(605) 773-3153. The public is advised to call in advance to verify
business hours.

FOR FURTHER INFORMATION CONTACT: Christina Cosentini, Resource
Conservation and Recovery Program, EPA Region 8, 1595 Wynkoop Street,
Denver, Colorado 80202; phone number<PHONE_NUMBER>; Email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Authorization of Revisions to South Dakota's Hazardous Waste Program

A. Why are revisions to State programs necessary?

    States which have received final authorization from the EPA under
RCRA section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous
waste program that is equivalent to, consistent with, and no less
stringent than the federal program. As the federal program changes,
states must change their programs and ask the EPA to authorize the
changes. Changes to state programs may be necessary when federal or
state statutory or regulatory authority is modified or when certain
other changes occur. Most commonly, states must change their programs
because of changes to the EPA's regulations in 40 Code of Federal
Regulations (CFR) parts 124, 260 through 268, 270, 273 and 279. When
states make other changes to their regulations, it is often appropriate
for the states to seek authorization for the changes.

B. What decisions have we made in this rule?

    We conclude that South Dakota's application to revise its
authorized program meets all of the statutory and regulatory
requirements established by RCRA. Therefore, we grant South Dakota
final authorization to operate its hazardous waste program with the
changes described in the authorization application. South Dakota has
responsibility for permitting Treatment, Storage, and Disposal
Facilities (TSDFs), and for carrying out the aspects of the RCRA
program described in its revised program application, subject to the
limitations of the Hazardous and Solid Waste Amendments of 1984 (HSWA),
for all areas within the State, except for (1) all lands located within
formal Indian Reservations within or abutting the State of South
Dakota, including the Cheyenne River Indian Reservation, Crow Creek
Indian Reservation, Flandreau Indian Reservation, Lower Brule Indian
Reservation, Pine Ridge Indian Reservation, Rosebud Indian Reservation,
Standing Rock Indian Reservation, Yankton Indian Reservation; (2) any
land held in trust by the United States for an Indian tribe; and (3)
any other land, whether on or off a reservation that qualifies as
``Indian country'' within the meaning of 18 U.S.C. 1151. New federal
requirements and prohibitions imposed by federal regulations that the
EPA promulgates under the authority of HSWA take effect in authorized
states before they are authorized for the requirements. Thus, the EPA
will implement those requirements and prohibitions in South Dakota,
including issuing permits, until South Dakota is authorized to do so.

C. What is the effect of this authorization decision?

    The effect of this decision is that a facility in South Dakota
subject to RCRA will have to comply with the authorized State
requirements instead of the equivalent federal requirements in order to
comply with RCRA. South Dakota has enforcement responsibilities under
its State hazardous waste program for violations of such program, but
the EPA retains its authority under RCRA sections 3007, 3008, 3013, and
7003, which include, among others, authority to:
     Conduct inspections and require monitoring, tests,
analyses, or reports;
     Enforce RCRA requirements; suspend or revoke permits; and,
     Take enforcement actions regardless of whether South
Dakota has taken its own actions.
    This action does not impose additional requirements on the
regulated community because the regulations for which South Dakota is
being authorized by this direct action are already effective under
State law and are not changed by this action.

D. Why is the EPA using a direct final rule?

    The EPA is publishing this rule without a prior proposal because we
view this as a noncontroversial action and anticipate no adverse
comment. However, in the ``Proposed Rules'' section of this Federal
Register, we are publishing a separate document that will serve as the
proposed rule to authorize the State program changes if adverse
comments are received on this direct final rule. We will not institute
a second comment period on this action. Any parties interested in
commenting must do so at this time. For further information about
commenting on this rule, see the ADDRESSES section of this document.

E. What happens if EPA receives comments opposing this action?

    If the EPA receives comments that oppose this authorization, we
will address all public comments in a later Federal Register. You will
not have another opportunity to comment, therefore, if you want to
comment on this action, you must do so at this time.

F. For what has South Dakota previously been authorized?

    South Dakota initially received final authorization on October 19,
1984, effective November 2, 1984 (49 FR 41038) to implement the RCRA
hazardous waste management program. We granted authorization for
changes to their program on: April 17, 1991, effective June 17, 1991
(56 FR 15503); September 8, 1993, effective November 8, 1993 (FR
47216); January 10, 1994, effective March 11, 1994 (59 FR 1275); July
24, 1996, effective September 23, 1996 (61 FR 38392); May 9, 2000,
effective June 8, 2000 (65 FR 26755); April 23, 2004, effective May 24,
2004 (69 FR 21962); March 8, 2006, effective March 8, 2006 (71 FR
11533); and August 8, 2012, effective August 8, 2012 (77 FR 47302).

G. What changes are we authorizing with this action?

    South Dakota submitted a final complete program revision
application on May 12, 2015, seeking authorization of their changes in
accordance with 40 CFR 271.21. We now make an immediate final decision,
subject to receipt of written comments that oppose this action, that
South Dakota's hazardous waste program revision satisfies all of the
requirements necessary to qualify for Final authorization. Therefore,
we grant South Dakota final authorization for the following program
changes:
1. Program Revision Changes for Federal Rules
    The State of South Dakota revisions consist of regulations which
specifically govern Federal hazardous waste revisions promulgated from
July 1, 2007 through June 30, 2012 (RCRA Clusters XVIII-XXII), except
for the final rules published on January 2, 2008 (73 FR 57; Checklist
216), October 30, 2008 (73 FR 64668, Checklist 219); December 19, 2008
(73 FR 77954, Checklist 221); January 8, 2010 (75 FR 1236, Checklist
222); and June 15, 2010 (75 FR 33712, Checklist 224). The State
requirements from its Hazardous Waste Rules, Administrative Rules of
South Dakota (ARSD), Article 74:28, effective October 10, 2013, are
included in the chart below.

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     Description of federal                                                                     Analogous state
          requirement                           Federal Register date and page                     authority
----------------------------------------------------------------------------------------------------------------
1. NESHAP: Final Standards for   73 FR 18970; 8/8/08........................................  ARSD 74:28:25-01
 Hazardous Waste Combustors                                                                    and 74:28:27:01.
 (Phase I Final Replacement
 Standards and Phase II)
 Amendments (Checklist 217).
2. F019 Exemption for            73 FR 31756; 6/4/08........................................  ARSD 74:28:22:01.
 Wastewater Treatment Sludges
 from Auto Manufacturing Zinc
 Phosphating Processes
 (Checklist 218).
3. Academic Laboratories         73 FR 7291; 12/1/08........................................  ARSD 74:28:22:01
 Generator Standards (Checklist                                                                and 74:28:23:01.
 220).
4. Hazardous Waste Technical     75 FR 12989; 3/18/10.......................................  ARSD 74:28:21:02,
 Corrections and Clarifications                                                                74:28:22:01,
 (Checklist 223).                                                                              74:28:23:01,
                                                                                74:28:24:01,
                                                                                74:28:25:01,
                                                                                74:28:28:01,
                                                                                74:28:27:01,
                                                                                74:28:30:01,
                                                                                74:28:26:01, and
                                                                                74:28:23:01.
5. Removal of Saccharin and Its  75 FR 78918; 12/17/10                                        ARSD 74:28:22:01
 Salts from the Lists of                                                                       and 74:28:30:01.
 Hazardous Constituents (Rule
 225; No Federal checklist).
6. Academic Laboratories         75 FR 79304; 12/20/10......................................  ARSD 74:28:23:01.
 Generator Standards Technical
 Corrections (Checklist 226).
7. Revision of the Land          76 FR 34147; 6/13/11.......................................  ARSD 74:28:30:01.
 Disposal Treatment Standards
 for Carbamate Wastes
 (Checklist 227).
8. Hazardous Waste Technical     77 FR 22229; 4/13/12.......................................  ARSD 74:28:22:01
 Corrections and Clarifications                                                                and 74:28:27:01.
 Rule (Checklist 228).
----------------------------------------------------------------------------------------------------------------

2. State-Initiated Changes
    South Dakota has made amendments to its regulations that are not
directly related to any of the federal rules addressed in Item G.1
above. These State-initiated changes are either conforming changes made
to existing authorized provisions, or the adoption of provisions that
clarify and make the State's regulations internally consistent. The
State's regulations, as amended by these provisions, provide authority
which remains equivalent to and no less stringent than the federal laws
and regulations. These State-initiated changes are submitted under the
requirements of 40 CFR 271.21(a) and include the following provisions
from the Administrative Rules of South Dakota (ARSD 74:28), as amended,
effective October 10, 2013: 74:28:21:01(1), 74:28:21:01(3),
74:28:21:01(6), 74:28:21:01(8), 74:28:21:01(11), 74:28:25:03,
74:28:25:04, 74:28:25:05, 74:28:28:03, 74:28:28:04, 74:28:28:05, and
74:36:11.01.

H. Where are the revised State rules different from the Federal rules?

    South Dakota incorporates the Federal regulations by reference,
thus making its hazardous waste program equivalent to the federal
program in all areas. The State did not make any changes that are more
stringent or broader-in-scope than the federal rules in this
rulemaking. In addition, South Dakota did not change

any previously more stringent or broader-in-scope provisions to be
equivalent to the federal rules.
    EPA will continue to implement certain federal requirements that
the EPA cannot delegate to States. The requirements include: (1)
Certain provisions in 40 CFR 261.39(a)(5) and 261.41 part 262, subparts
E, F and H, part 263, subpart B, Sec. Sec.  264.12(a)(2), 264.71(a)(3),
264.71(d), 265.12(a)(2), 265.71(a)(3), and 265.71(d) regarding
governmental oversight of exports and imports of hazardous waste; (2)
manifest registry functions in 40 CFR parts 262, Subpart B; (3) 268.5,
268.6, 268.42(b), and 268.44(a)-(g) regarding land disposal
restrictions; and (4) 279.82(b) regarding State petitions to allow use
of used oil as a dust suppressant.

I. Who handles permits after the authorization takes effect?

    South Dakota will issue permits for all the provisions for which it
is authorized and will administer the permits it issues. The EPA will
continue to administer any RCRA hazardous waste permits or portions of
permits which were issued prior to the effective date of this
authorization until South Dakota has equivalent instruments in place.
We will not issue any new permits or new portions of permits for the
provisions listed in the Table in this document after the effective
date of this authorization. The EPA will continue to implement and
issue permits for HSWA requirements for which South Dakota is not yet
authorized.

J. How does this action affect Indian Country (18 U.S.C. 1151) in South
Dakota?

    This determination to approve South Dakota's RCRA program revisions
applies to all activities in South Dakota outside of ``Indian
country,'' as that term is defined in 18 U.S.C. 1151, including:
    1. All lands within the exterior boundaries of the following Indian
reservations located within or abutting the State of South Dakota:
    a. Cheyenne River Indian Reservation;
    b. Crow Creek Indian Reservation;
    c. Flandreau Indian Reservation;
    d. Lower Brule Indian Reservation;
    e. Pine Ridge Indian Reservation;
    f. Rosebud Indian Reservation;
    g. Standing Rock Indian Reservation;
    h. Yankton Indian Reservation;
    2. Any land held in trust by the United States for an Indian tribe;
and,
    3. Any other areas which are ``Indian country'' within the meaning
of 18 U.S.C. 1151.
    Under principles of Federal Indian law, states generally do not
have authority to regulate in Indian country. Ala. v. Native Vill. of
Venetie Tribal Gov't., 522 U.S. 520 n.1 (1998). Accordingly, in the
absence of an express grant of authority to a state from Congress, EPA
typically excludes Indian country from program delegations and
authorizations to states. See RCRA Authorization regulations at 40 CFR
271.1(h) (``[I]n many cases States will lack authority to regulate
activities on Indian lands.'').
    Indian country is defined by federal statute, 18 U.S.C. 1151, as:
    a. All land within the limits of any Indian reservation under the
jurisdiction of the United States Government, notwithstanding the
issuance of any patent, and, including rights-of-way running through
the reservation;
    b. all dependent Indian communities within the borders of the
United States whether within the original or subsequently acquired
territory thereof, and whether within or without the limits of a state;
and
    c. all Indian allotments, the Indian titles to which have not been
extinguished, including rights-of-way running through the same.
    It is important to note that the phrase ``notwithstanding the
issuance of any patent'' in 18 U.S.C. 1151(a) has been interpreted by
the U.S. Supreme Court to include fee patents (also known as land
titles or land deeds) issued to Indians and non-Indians alike. See,
Seymour v. Superintendent, 368 U.S. 351, 358 (1962). Accordingly, fee-
owned lands, whether owned by Indians or nonmembers of the relevant
Indian tribe, which are within the exterior boundaries of Indian
reservations, are Indian country. While 18 U.S.C. 1151 on its face
relates to criminal jurisdiction, the U.S. Supreme Court has held that
it is also relevant for civil regulatory jurisdiction. See, DeCoteau v.
Dist. County Court, 420 U.S. 425, 427 n.2 (1975).
    In addition, tribal trust lands located outside of formal
reservations are also Indian country as defined in 18 U.S.C. 1151. For
a detailed legal discussion and explanation of this interpretation of
Indian country, see Letter from Jack W. McGraw, Acting Regional
Administrator, United States Environmental Agency, to Steven M. Pirner,
Secretary, South Dakota Department of Environment and Natural Resources
(April 2, 2002), printed in 67 FR 45684 through 45687 (July 10, 2002).

II. Incorporation by Reference

A. What is codification?

    Codification is the process of including the statutes and
regulations that comprise the State's authorized hazardous waste
management program into the CFR. Section 3006(b) of RCRA, as amended,
allows the Environmental Protection Agency (EPA) to authorize State
hazardous waste management programs. The State regulations authorized
by the EPA supplant the federal regulations concerning the same matter
with the result that after authorization EPA enforces the authorized
regulations. Infrequently, State statutory language which acts to
regulate a matter is also authorized by the EPA with the consequence
that the EPA enforces the authorized statutory provision. The EPA does
not authorize State enforcement authorities and does not authorize
State procedural requirements. The EPA codifies the authorized State
program in 40 CFR part 272 and incorporates by reference State statutes
and regulations that make up the approved program which is federally
enforceable in accordance with Sections 3007, 3008, 3013, and 7003 of
RCRA, 42 U.S.C. 6927, 6928, 6934 and 6973, and any other applicable
statutory and regulatory provisions.

B. What is the history of the codification of South Dakota's hazardous
waste management program?

    The EPA incorporated by reference South Dakota's then authorized
hazardous waste program effective March 8, 2006 (71 FR 11533). In this
action, the EPA is revising Subpart QQ of 40 CFR part 272 to include
the authorization revision actions described in this document.

C. What decisions have we made in this rule?

    In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the South
Dakota rules described in the amendments to 40 CFR part 272 set forth
below. The EPA has made, and will continue to make, these documents
available electronically through http://www.regulations.gov and in hard
copy at the appropriate EPA office (see the ADDRESSES section of this
preamble for more information).
    This action codifies the EPA's authorization of South Dakota's base
hazardous waste management program and its revisions to that program.
The codification reflects the State program

that would be in effect at the time EPA's authorized revisions to the
South Dakota hazardous waste management program addressed in this
direct final rule become final. This action does not reopen any
decision the EPA previously made concerning the authorization of the
State's hazardous waste management program. The EPA is not requesting
comments on its decisions published in the Federal Register documents
referenced in Section I.F of this preamble concerning revisions to the
authorized program in South Dakota.
    The EPA is incorporating by reference EPA's approval of South
Dakota's hazardous waste management program by amending Subpart QQ to
40 CFR part 272. The action amends section 272.2101 and incorporates by
reference South Dakota's authorized hazardous waste regulations, as
amended effective October 10, 2013. Section 272.2101 also references
the demonstration of adequate enforcement authority, including
procedural and enforcement provisions, which provide the legal basis
for the State's implementation of the hazardous waste management
program. In addition, section 272.2101 references the Memorandum of
Agreement, the Attorney General's Statements and the Program
Description, which are evaluated as part of the approval process of the
hazardous waste management program in accordance with Subtitle C of
RCRA.

D. What is the effect of South Dakota's codification on enforcement?

    The EPA retains the authority under statutory provisions, including
but not limited to, RCRA sections 3007, 3008, 3013 and 7003, and other
applicable statutory and regulatory provisions to undertake inspections
and enforcement actions and to issue orders in all authorized states.
With respect to enforcement actions, the EPA will rely on federal
sanctions, federal inspection authorities, and federal procedures
rather than the State analogs to these provisions. Therefore, the EPA
is not incorporating by reference South Dakota's inspection and
enforcement authorities nor are those authorities part of South
Dakota's approved State program which operates in lieu of the federal
program. 40 CFR 272.2101(c)(2) lists these authorities for
informational purposes, and because the EPA also considered them in
determining the adequacy of South Dakota's procedural and enforcement
authorities. South Dakota's authority to inspect and enforce the
State's hazardous waste management program requirements continues to
operate independently under State law.

E. What State provisions are not part of the codification?

    The public is reminded that some provisions of South Dakota's
hazardous waste management program are not part of the federally
authorized State program. These non-authorized provisions include:
    (1) Provisions that are not part of the RCRA subtitle C program
because they are ``broader in scope'' than RCRA subtitle C (see 40 CFR
271.1(i));
    (2) Federal rules for which South Dakota is not authorized, but
which have been incorporated into the State regulations because of the
way the State adopted federal regulations by reference.
    (3) Federal rules for which South Dakota is authorized but which
were vacated by the U.S. Court of Appeals for the District of Columbia
Circuit (D.C. Cir. No. 98-1379 and 98-1379; June 27, 2014).
    (4) State procedural and enforcement authorities which are
necessary to establish the ability of the State's program to enforce
compliance but which do not supplant the Federal statutory enforcement
and procedural authorities.
    State provisions that are ``broader in scope'' than the federal
program are not incorporated by reference in 40 CFR part 272. For
reference and clarity, the EPA lists in 40 CFR 272.2101(c)(3) the South
Dakota statutory provisions which are ``broader in scope'' than the
federal program and which are not part of the authorized program being
incorporated by reference. While ``broader in scope'' provisions are
not part of the authorized program and cannot be enforced by the EPA,
the State may enforce such provisions under State law.
    South Dakota has adopted but is not authorized for certain federal
final rules published between June 29, 1995 and June 15, 2010.
Therefore, the federal amendments to 40 CFR parts 260, 261, 262, 263,
264, 265, 266, 268, 270 and 273 addressed by these Federal rules and
included in South Dakota's adoption by reference at ARSD, sections
74:28:21:02, 74:28:22:01, 74:28:23:01, 74:28:24:01, 74:28:25:01,
74:28:28:01, 74:28:27:01, 74:28:30:01, 74:28:26:01 and 74:28:33:01,
respectively, are not part of the State's authorized program included
in this codification. The EPA has identified in 40 CFR 272.2101(c)(4)
those federal regulations which, while adopted by South Dakota, are not
authorized by EPA.

F. What will be the effect of codification on Federal HSWA
requirements?

    With respect to any requirement(s) pursuant to HSWA for which the
State has not yet been authorized, and which the EPA has identified as
taking effect immediately in States with authorized hazardous waste
management programs, EPA will enforce those Federal HSWA standards
until the State is authorized for those provisions.
    The codification does not affect Federal HSWA requirements for
which the State is not authorized. The EPA has authority to implement
HSWA requirements in all states, including states with authorized
hazardous waste management programs, until the states become authorized
for such requirements or prohibitions, unless the EPA has identified
the HSWA requirement(s) as an optional or as a less stringent
requirement of the federal program. A HSWA requirement or prohibition,
unless identified by the EPA as optional or as less stringent,
supersedes any less stringent or inconsistent State provision which may
have been previously authorized by EPA (50 FR 28702, July 15, 1985).
    Some existing State requirements may be similar to the HSWA
requirements implemented by the EPA. However, until the EPA authorizes
those State requirements, EPA enforces the HSWA requirements and not
the State analogs.

III. Administrative Requirements

    The Office of Management and Budget (OMB) has exempted this action
from the requirements of Executive Orders 12866 (58 FR 51735, October
4, 1993) and 13563 (76 FR 3821, January 21, 2011). Therefore this
action is not subject to review by OMB. This action authorizes and
codifies State requirements for the purpose of RCRA 3006 and imposes no
additional requirements beyond those imposed by State law. Accordingly,
I certify that this action will not have a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.). Because this action authorizes
and codifies pre-existing requirements under State law and does not
impose any additional enforceable duty beyond that required by State
law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4). For the same reason, this
action also does not significantly or uniquely affect the communities
of Tribal governments, as specified by Executive Order 13175 (65 FR
67249,

November 9, 2000). This action will not have substantial direct effects
on the states, on the relationship between the national government and
the states, or on the distribution of power and responsibilities among
the various levels of government, as specified in Executive Order 13132
(64 FR 43255, August 10, 1999), because it merely authorizes and
codifies State requirements as part of the State RCRA hazardous waste
program without altering the relationship or the distribution of power
and responsibilities established by RCRA. This action also is not
subject to Executive Order 13045 (62 FR 19885, April 23, 1997), because
it is not economically significant and it does not make decisions based
on environmental health or safety risks. This rule is not subject to
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001), because it is not a significant regulatory action
under Executive Order 12866.
    Under RCRA 3006(b), EPA grants a State's application for
authorization as long as the State meets the criteria required by RCRA.
It would thus be inconsistent with applicable law for the EPA, when it
reviews a State authorization application, to require the use of any
particular voluntary consensus standard in place of another standard
that otherwise satisfies the requirements of RCRA. Thus, the
requirements of section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996),
in issuing this rule, the EPA has taken the necessary steps to
eliminate drafting errors and ambiguity, minimize potential litigation,
and provide a clear legal standard for affected conduct. The EPA has
complied with Executive Order 12630 (53 FR 8859, March 15, 1988) by
examining the takings implications of the rule in accordance with the
``Attorney General's Supplemental Guidelines for the Evaluation of Risk
and Avoidance of Unanticipated Takings'' issued under the executive
order. This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.). Executive Order 12898 (59 FR 7629, Feb. 16, 1994) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States. Because this rule authorizes pre-
existing State rules which are at least equivalent to, and no less
stringent than existing federal requirements, and imposes no additional
requirements beyond those imposed by State law, and there are no
anticipated significant adverse human health or environmental effects,
the rule is not subject to Executive Order 12898.
    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. The EPA will submit a report containing this document
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 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). This
action will be effective August 23, 2016.

List of Subjects

40 CFR Part 271

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

40 CFR Part 272

    Environmental protection, Hazardous materials transportation,
Hazardous waste, Incorporation by reference, Intergovernmental
relations, Water pollution control, Water supply.

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

    Dated: May 11, 2016.
Shaun L. McGrath,
Regional Administrator, Region 8.

    For the reasons set forth in the preamble, under the authority at
42 U.S.C. 6912(a), 6926, and 6974(b), EPA is granting final
authorization under 40 CFR part 271 to the State of South Dakota for
revisions to its hazardous waste program under the Resource
Conservation and Recovery Act and is amending 40 CFR part 272 as
follows:

PART 272--APPROVED STATE HAZARDOUS WASTE MANAGEMENT PROGRAMS

0
1. The authority citation for part 272 continues to read as follows:

    Authority:  Secs. 2002(a), 3006, and 7004(b) of the Solid Waste
Disposal Act, as amended by the Resource Conservation and Recovery
Act of 1976, as amended, 42 U.S.C. 6912(a), 6926, and 6974(b).

0
2. Revise Sec.  272.2101 to read as follows:

Sec.  272.2101  South Dakota State-administered program: Final
authorization.

    (a) Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), South
Dakota has final authorization for the following elements as submitted
to EPA in South Dakota's base program application for final
authorization which was approved by EPA effective on November 2, 1984.
Subsequent program revision applications were approved effective on
June 17, 1991, November 8, 1993, March 11, 1994, September 23, 1996,
June 8, 2000, May 24, 2004, March 8, 2006, August 8, 2012 and August
23, 2016.
    (b) The State of South Dakota has primary responsibility for
enforcing its hazardous waste management program. However, EPA retains
the authority to exercise its inspection and enforcement authorities in
accordance with sections 3007, 3008, 3013, 7003 of RCRA, 42 U.S.C.
6927, 6928, 6934, 6973, and any other applicable statutory and
regulatory provisions, regardless of whether the State has taken its
own actions, as well as in accordance with other statutory and
regulatory provisions.
    (c) State Statutes and Regulations. (1) The South Dakota
regulations cited in paragraph (c)(1)(i) of this section are
incorporated by reference as part of the hazardous waste management
program under subtitle C of RCRA, 42 U.S.C. 6921 et seq. This
incorporation by reference is 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 of the South Dakota regulations that are incorporated by
reference in this paragraph from South Dakota Legislative Research
Council, 3rd Floor, State Capitol, 500 East Capitol Avenue, Pierre,
South Dakota 57501, (Phone:<PHONE_NUMBER>). You may inspect a copy at
EPA Region 8, 1595 Wynkoop Street, Denver, Colorado, phone number (303)
312-

6231, or at the National Archives and Records Administration (NARA).
For information on the availability of this material at NARA, call
(202) 741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
    (i) The Binder entitled ``EPA-Approved South Dakota Regulatory
Requirements Applicable to the Hazardous Waste Management Program'',
dated February 2016.
    (ii) [Reserved]
    (2) EPA considered the following statutes and regulations in
evaluating the State program but is not incorporating them herein for
enforcement purposes:
    (i) South Dakota Codified Laws (SDCL), as amended, 2013 Revision,
Title 1, State Affairs and Government: Chapter 1-26, Administrative
Procedures and Rules, sections 1-26-1(1), 1-26-1(4), 1-26-1(8)
introductory paragraph, 1-26-1(8)(a), 1-26-2, 1-26-6.6, 1-26-16 through
1-26-19, 1-26-19.1, 1-26-19.2, 1-26-21, 1-26-27, 1-26-29, 1-26-30, 1-
26-30.1, 1-26-30.2, 1-26-30.4, 1-26-31, 1-26-31.1, 1-26-31.2, 1-26-
31.4, 1-26-35 and 1-26-36; Chapter 1-27, Public Records and Files,
sections 1-27-1, 1-27-3, 1-27-9(2) and 1-27-28, 1-27-31; Chapter 1-32,
Executive Reorganization, section 1-32-1(1); Chapter 1-40, Department
of Natural Resources, sections 1-40-4.1, 1-40-24, 1-40-31 and 1-40-34.
    (ii) SDCL, as amended, 2013 Revision, Title 15, Civil Procedure:
Chapter 15-6, Rules of Procedure in Circuit Courts, section 15-6-24(a)-
(c).
    (iii) SDCL, as amended, 2013 Revision, Title 19, Evidence: Chapter
19-13, Privileges, sections 19-13-2(1), 19-13-2(5), 19-13-3, 19-13-20
and 19-13-22.
    (iv) SDCL, as amended, 2013 Revision, Title 21, Judicial Remedies:
Chapter 21-8, Injunction, section 21-8-1.
    (v) SDCL, as amended, 2013 Revision, Title 22, Crimes: Chapter 22-
6, Authorized Punishments, sections 22-6-1 introductory paragraph and
22-6-1(7).
    (vi) SDCL, as amended, 2013 Revision, Title 23, Law Enforcement:
Chapter 23-5, Criminal Identification, sections 23-5-1, 23-5-10(1), 23-
5-10(3), 23-5-10(4) and 23-5-11 first sentence; Chapter 23-6, Criminal
Statistics, section 23-6-4.
    (vii) SDCL, as amended, 2013 Revision, Title 34, Public Health and
Safety: Chapter 34-21, Radiation and Uranium Resources Exposure
Control, section 34-21-2(7).
    (viii) SDCL, as amended, 2013 Revision, Title 34A, Environmental
Protection: Chapter 34A-6, Solid Waste Disposal, section 34A-6-1.3(17);
Chapter 34A-10, Remedies for Protection of Environment, sections 34A-
10-1, 34A-10-2, 34A-10-5, 34A-10-11, 34A-10-14 and 34A-10-16, Chapter
34A-11, Hazardous Waste Management, sections 34A-11-1, 34A-11-2 through
34A-11-4, 34A-11-5, 34A-11-8 through 34A-11-12, 34A-11-13 through 34A-
11-16, 34A-11-17 through 34A-11-19, 34A-11-21 and 34A-11-22; Chapter
34A-12, Regulated Substance Discharges, sections 34A-12-1(8), 34A-12-4,
34A-12-6, 34A-12-8 through 34A-12-13, 34A-12-13.1 and 34A-12-14.
    (ix) SDCL, as amended, 2013 Revision, Title 37, Trade Regulation,
Chapter 37-29, Uniform Trade Secrets Act, section 37-29-1(4).
    (x) Administrative Rules of South Dakota (ARSD), Article 74:08,
Administrative Fees, effective October 10, 2013: Chapter 74:08:01, Fees
for Records Reproduction, sections 74:08:01:01 through 74:08:01:07.
    (3) The following statutory provisions are broader in scope than
the Federal program, are not part of the authorized program, are not
incorporated by reference and are not federally enforceable:
    (i) SDCL, as amended, 2013 Revision, Title 34A, Environmental
Protection, Chapter 34A-11, Hazardous Waste Management, sections 34A-
11-12.1, 34A-11-16.1, 34A-11-25 and 34A-11-26.
    (ii) [Reserved]
    (4) Unauthorized state amendments. (i) South Dakota has adopted but
is not authorized for the following federal final rules:
    (A) Removal of Legally Obsolete Rules (HSWA/non-HSWA) [60 FR 33912,
06/29/95];
    (B) Imports and Exports of Hazardous Waste: Implementation of OECD
Council Division (HSWA--Not delegable to States) [61 FR 16290, 04/12/
96];
    (C) Clarification of Standards for Hazard Waste Land Disposal
Restriction Treatment Variances (HSWA) [62 FR 64504, 12/05/97];
    (D) Hazardous Waste Combustors; Revised Standards (Non-HSWA--
Vacated by the U.S. Court of Appeals for the District of Columbia
Circuit (D.C. Cir. No. 98-1379 and 98-1379; June 27, 2014) [63 FR
33782, 6/19/98];
    (E) Vacatur of Organobromide Production Waste Listings (HSWA) [65
FR 14472, 03/17/00];
    (F) National Environmental Performance Track Program (Non-HSWA--
terminated by EPA (74 FR 22741, 5/14/09)) [69 FR 21737, 4/22/04; as
amended by 69 FR 62217, 10/25/04 and 71 FR 16862, 4/4/06];
    (G) Exclusion of Oil-Bearing Secondary Materials Processed in a
Gasification System to Produce Synthesis Gas (Non-HSWA--Vacated by the
U.S. Court of Appeals for the District of Columbia Circuit (D.C. Cir.
No. 98-1379 and 98-1379; June 27, 2014) [73 FR 52, 1/2/08];
    (H) Revisions to the Definition of Solid Waste (Non-HSWA) [73 FR
64668, 10/30/08];
    (I) OECD Requirements; Export Shipments of Spent Lead Acid
Batteries (Non-HSWA--Not delegable to States) [75 FR 1236, 1/8/10]; and
    (J) Withdrawal of the Emission Comparable Fuel Exclusion (Non-
HSWA--Vacated by the U.S. Court of Appeals for the District of Columbia
Circuit (D.C. Cir. No. 98-1379 and 98-1379; June 27, 2014) [75 FR
33712, 6/15/10].
    (ii) Those federal rules written under RCRA provisions that predate
HSWA (non-HSWA) which the State has adopted, but for which it is not
authorized, are not federally enforceable. In contrast, EPA will
continue to enforce the Federal HSWA standards for which South Dakota
is not authorized until the State receives specific authorization from
the EPA.
    (5) Memorandum of Agreement. The Memorandum of Agreement between
EPA Region 8 and the State of South Dakota, signed by the Secretary of
the South Dakota Department of Natural Resources on December 14, 2015,
and by the EPA Regional Administrator on February 18, 2016, although
not incorporated by reference, is referenced as part of the authorized
hazardous waste management program under subtitle C of RCRA, 42 U.S.C.
6921 et seq.
    (6) Statement of legal authority. ``Attorney General's Statement
for Final Authorization,'' signed by the Attorney General of South
Dakota on May 24, 1984, and revisions, supplements and addenda to that
Statement dated January 14, 1991, September 11, 1992, September 25,
1992, April 1, 1993, September 24, 1993, December 29, 1994, September
5, 1995, October 23, 1997, October 27, 1997, October 28, 1997, November
5, 1999, June 26, 2000, June 18, 2002, October 19, 2004, May 11, 2009
and May 5, 2015, although not incorporated by reference, are referenced
as part of the authorized hazardous waste management program under
subtitle C of RCRA, 42 U.S.C. 6921 et seq.
    (7) Program Description. The Program Description and any other
materials submitted as supplements thereto,

although not incorporated by reference, are referenced as part of the
authorized hazardous waste management program under subtitle C of RCRA,
42 U.S.C. 6921 et seq.

0
3. Appendix A to Part 272, is amended by revising the listing for
``South Dakota'' to read as follows:

Appendix A to Part 272-State Requirements

* * * * *

South Dakota

    The regulatory provisions include:

    Administrative Rules of South Dakota, Article 74:28, Hazardous
Waste, effective October 10, 2013, sections 74:28:21:01,
74:28:21:02, 74:28:21:03, 74:28:22:01, 74:28:23:01, 74:28:24:01,
74:28:25:01 through 74:28:25:05, 74:28:26:01, 74:28:27:01,
74:28:28:01 through 74:28:28:05, 74:28:29:01, 74:28:30:01 and
74:28:33:01; Article 74:36, Air Pollution Control Program, as of
June 25, 2013, section 74:36:11:01.
    Copies of the South Dakota regulations that are incorporated by
reference are available from South Dakota Legislative Research
Council, 3rd Floor, State Capitol, 500 East Capitol Avenue, Pierre,
South Dakota 57501, (Phone:<PHONE_NUMBER>).
* * * * *
[FR Doc. 2016-14298 Filed 6-23-16; 8:45 am]
 BILLING CODE 6560-50-P


Comment Info: =================

General Comment:Dear Mr. Zeller:

I am requesting an extension of the comment period for the Food and Drug Administration's ("FDA") Proposed Rule Deeming Tobacco Products to be Subject to the Federal Food, Drug, and Cosmetic Act, as amended by the Family Smoking and Prevention and Tobacco Control Act (the "Proposed Rule") published at 79 Fed. Reg. 23,142 and Federal Register No. 2014-09491. I am requesting that the comment period for the Proposed Rule be extended by the FDA for an additional 105 days, from its current 75-day period, to 180 days.

I want to provide my comments and thoughts on many of these issues, but my time to devote to researching and providing thoughtful comments on these important questions is limited. I do not think it is unreasonable to allow the public six months to comment on it, especially since the FDA took many years to come up with the Proposed Rule. We need our voices to be heard and we need more time.

It is important  to preserve our right for a smoke free alternative to cigarettes. I realize that the FDA has the authority under 21 CFR 10.40 to extend this time frame and that the FDA has exercised this authority on numerous occasions in the past. I would therefore ask that you do so here, so that all stakeholders have the opportunity to provide their comments on this proposed regulation.

Thank you for your time and consideration.

Sincerely,

Phillip Brack


[Federal Register Volume 88, Number 223 (Tuesday, November 21, 2023)]
[Rules and Regulations]
[Pages 80955-80958]
[FR Doc No: 2023-25684]

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

DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 744

[Docket No.<PHONE_NUMBER>]
RIN 0694-AJ45

Additions to the Entity List

AGENCY: Bureau of Industry and Security, Department of Commerce.

ACTION: Final rule.

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

SUMMARY: In this rule, the Bureau of Industry and Security (BIS) amends
the Export Administration Regulations (EAR) by adding four entities
under nine entries to the Entity List. These entities are listed under
the destinations of Costa Rica (1), Ecuador (1), India (1) Panama (2),
Spain (1), Russia (1), and Venezuela (2). These entities have been
determined by the U.S. Government to be acting contrary to the national
security or foreign policy interests of the United States. Some
entities are added under multiple entries, accounting for the
difference in the totals.

DATES: This rule is effective November 17, 2023.

FOR FURTHER INFORMATION CONTACT: Chair, End-User Review Committee,
Office of the Assistant Secretary for Export Administration, Bureau of
Industry and Security, Department of Commerce, Phone:<PHONE_NUMBER>,
Email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The Entity List (supplement no. 4 to part 744 of the EAR (15 CFR
parts 730-774)) identifies entities for which there is reasonable cause
to believe, based on specific and articulable facts, that the entities
have been involved, are involved, or pose a significant risk of being
or becoming involved in activities contrary to the national security or
foreign policy interests of the United States, pursuant to Sec.
744.11(b). The EAR impose additional license requirements on, and limit
the availability of, most license exceptions for exports, reexports,
and transfers (in-country) when a listed entity is a party to the
transaction. The license review policy for each listed entity is
identified in the

``License Review Policy'' column on the Entity List, and the impact on
the availability of license exceptions is described in the relevant
Federal Register document that added the entity to the Entity List. The
Bureau of Industry and Security (BIS) places entities on the Entity
List pursuant to parts 744 (Control Policy: End-User and End-Use Based)
and 746 (Embargoes and Other Special Controls) of the EAR.
    The End-User Review Committee (ERC), composed of representatives of
the Departments of Commerce (Chair), State, Defense, Energy and, where
appropriate, the Treasury, makes all decisions regarding additions to,
removals from, or other modifications to the Entity List. The ERC makes
all decisions to add an entry to the Entity List by majority vote and
makes all decisions to remove or modify an entry by unanimous vote.

Entity List Decisions

Additions to the Entity List

    The ERC determined to add Aerofalcon S.L., under the destination of
Spain; Novax Group S.A., under the destinations of Costa Rica, Ecuador,
Panama, Venezuela, and Russia; and Zero Waste Global SA, under the
destinations of Panama and Venezuela, to the Entity List. These
entities are added to the Entity List pursuant to Sec.  744.11 of the
EAR for engaging in activities contrary to U.S. national security and
foreign policy interests. Specifically, these entities were used by
their principals to circumvent U.S. sanctions, supplying the
representatives of Nicol[aacute]s Maduro in Venezuela with U.S. origin
aircraft parts. This circumvention was conducted by, among other
efforts, concealing the true end user and end destination of the
exports using misrepresentations and fraudulent documents, including
the filing of false Electronic Export Information. These entities will
be added with a license requirement for all items subject to the EAR
and a license review policy of presumption of denial.
    The ERC determined to add Si2 Microsystems Private Limited, under
the destination of India, to the Entity List. This entity is added to
the Entity List for providing support to Russia's military and/or
defense industrial base. Specifically, this entity supplied Russian
consignees connected to the Russian defense sector with U.S.-origin
integrated circuits after March 1, 2023. These integrated circuits are
classified under Harmonized Tariff System (HTS)-6 codes 854231, 854232,
854233, and/or 854239. These HTS-6 codes are identified under
supplement no. 4 to part 746 (Russian and Belarusian Industry Sector
Sanctions Pursuant to Sec.  746.5(a)(1)(ii)). All U.S.-origin items
classified under these HTS-6 codes have been controlled for export and
reexport and transfer within Russia since September 15, 2022. Such
U.S.-origin items require a license under Sec.  746.5(a)(1)(ii) of the
EAR when destined to Russia or Belarus.\1\
---------------------------------------------------------------------------

    \1\ On February 24, 2023 (88 FR 12150), BIS also expanded
controls to include certain foreign-made items classified under the
same HTS-6 codes destined to Russia, due to their demonstrated use
in weapons found on the battlefield in Ukraine. Such foreign-made
items are subject to the EAR and the license requirements of Sec.
746.8(a)(2) when a reexport, export from abroad, or transfer (in-
country) meets the destination scope of the Russia/Belarus/
Temporarily occupied Crimea region of Ukraine FDP (Foreign Direct
Product) rule described in Sec.  734.9(f) of the EAR.
---------------------------------------------------------------------------

    Therefore, the documented shipments by this entity to Russia of
such U.S.-origin items are contrary to U.S. national security and
foreign policy interests under Sec.  744.11(b) of the EAR. This entity
will be added with a license requirement for all items subject to the
EAR and a license review policy of denial.
    For the reasons described above, this final rule adds the following
four entities, including aliases where appropriate, to the Entity List:
Costa Rica
     Novax Group S.A.
Ecuador
     Novax Group S.A.
India
     Si2 Microsystems Private Limited.
Panama
     Novax Group S.A.; and
     Zero Waste Global SA.
Spain
     Aerofalcon S.L.
Russia
     Novax Group S.A.
Venezuela
     Novax Group S.A.; and
     Zero Waste Global SA.

Savings Clause

    For the changes being made in this final rule, shipments of items
removed from eligibility for a License Exception or export, reexport,
or transfer (in-country) without a license (NLR) as a result of this
regulatory action that were en route aboard a carrier to a port of
export, reexport, or transfer (in-country), on November 17, 2023,
pursuant to actual orders for export, reexport, or transfer (in-
country) to or within a foreign destination, may proceed to that
destination under the previous eligibility for a License Exception or
export, reexport, or transfer (in-country) without a license (NLR)
before December 18, 2023. Any such items not actually exported,
reexported or transferred (in-country) before midnight, on December 18,
2023, require a license in accordance with this final rule.

Export Control Reform Act of 2018

    On August 13, 2018, the President signed into law the John S.
McCain National Defense Authorization Act for Fiscal Year 2019, which
included the Export Control Reform Act of 2018 (ECRA) (50 U.S.C. 4801-
4852). ECRA provides the legal basis for BIS's principal authorities
and serves as the authority under which BIS issues this rule.

Rulemaking Requirements

    1. This rule has been determined to be not significant for purposes
of Executive Order 12866.
    2. Notwithstanding any other provision of law, no person is
required to respond to or be subject to a penalty for failure to comply
with a collection of information, subject to the requirements of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA), unless
that collection of information displays a currently valid Office of
Management and Budget (OMB) Control Number. This regulation involves an
information collection approved by OMB under control number 0694-0088,
Simplified Network Application Processing System. BIS does not
anticipate a change to the burden hours associated with this collection
as a result of this rule. Information regarding the collection,
including all supporting materials, can be accessed at https://www.reginfo.gov/public/do/PRAMain.
    3. This rule does not contain policies with federalism implications
as that term is defined in Executive Order 13132.
    4. Pursuant to section 1762 of the Export Control Reform Act of
2018, this action is exempt from the Administrative Procedure Act (5
U.S.C. 553) requirements for notice of proposed rulemaking, opportunity
for public participation, and delay in effective date.
    5. Because a notice of proposed rulemaking and an opportunity for
public comment are not required to be given for this rule by 5 U.S.C.
553, or by any other law, the analytical requirements of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq., are not applicable.
Accordingly, no

regulatory flexibility analysis is required, and none has been
prepared.

List of Subjects in 15 CFR Part 744

    Exports, Reporting and recordkeeping requirements, Terrorism.

    Accordingly, part 744 of the Export Administration Regulations (15
CFR parts 730-774) is amended as follows:

PART 744--END-USE AND END-USER CONTROLS

0
1. The authority citation for part 744 is revised to read as follows:

    Authority:  50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22
U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR,
1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p.
608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13026,
61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13099, 63 FR 45167, 3
CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp.,
p. 783; E.O. 13224, 66 FR 49079, 3 CFR, 2001 Comp., p. 786; Notice
of November 8, 2022, 87 FR 68015, 3 CFR, 2022 Comp., p. 563; Notice
of September 7, 2023, 88 FR 62439 (September 11, 2023).

0
2. Supplement no. 4 is amended:
0
a. Under COSTA RICA, by adding, in alphabetical order, an entry for
``Novax Group S.A.;''
0
b. Under ECUADOR, by adding, in alphabetical order, an entry for
``Novax Group S.A.;''
0
c. Under INDIA, by adding, in alphabetical order, an entry for ``Si2
Microsystems Private Limited.;''
0
d. Under PANAMA, by adding, in alphabetical order, entries for ``Novax
Group S.A.;'' and ``Zero Waste Global SA;''
0
e. Under SPAIN, by adding, in alphabetical order, an entry for
``Aerofalcon S.L.;''
0
f. Under RUSSIA, by adding in alphabetical order, an entry for ``Novax
Group S.A.;'' and
0
g. Under VENEZUELA, by adding in alphabetical order, entries for
``Novax Group S.A.,'' and ``Zero Waste Global SA.'' to read as follows:

Supplement No. 4 to Part 744--Entity List

* * * * *

----------------------------------------------------------------------------------------------------------------
                                                            License,         License review     Federal Register
        Country                     Entity                 requirement           policy             citation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
COSTA RICA.............                                         * * * * * *
                         Novax Group S.A., Centro      For all items       Presumption of      88 FR [INSERT FR
                          Corporative Lindora,          subject to the      denial.             PAGE NUMBER AND
                          Oficina Nro. 2-10, Pozos de   EAR. (See Sec.                          11/21/2023].
                          Santa Ana, San Jose, 10903,   744.11 of the
                          Costa Rica. (See alternate    EAR).
                          addresses under Ecuador,
                          Panama, Russia, and
                          Venezuela).
                                                                * * * * * *
ECUADOR................                                         * * * * * *
                         Novax Group S.A., Avenida     For all items       Presumption of      88 FR [INSERT FR
                          Joaquin Orrantia y Juan       subject to the      denial.             PAGE NUMBER AND
                          Tanca Marengo, Torres del     EAR. (See Sec.                          11/21/2023].
                          Mall del Sol Piso 4, Torre    744.11 of the
                          B, Guayaquil, Ecuador. (See   EAR).
                          alternate addresses under
                          Costa Rica, Panama, Russia,
                          and Venezuela).
                                                                * * * * * *
INDIA..................                                         * * * * * *
                         Si2 Microsystems Private      For all items       Policy of denial..  88 FR [INSERT FR
                          Limited, 84, Deep Towers,     subject to the                          PAGE NUMBER AND
                          EPIP Industrial Area,         EAR (See Sec.                           11/21/2023].
                          Whitefield, Bangalore,        744.11 of the
                          Karnataka, 560066, India;     EAR).
                          and #52/A, 1st Cross, 3rd
                          Main KIADB Industrial Area,
                          Hoskote, Bangalore,
                          Karnataka, 562114, India;
                          and 3796, 7th Main, Hal II
                          Stage, Bangalore,
                          Karnataka, 560008, India;
                          and 493/3 Bramhalingeshwara
                          Complex, Airport Road,
                          Bangalore, Karnataka,
                          560008, India; and 177/2
                          Bannerghatta Road, Begur
                          Hobli Bilekahalli
                          Industrial Area, Bangalore,
                          Karnataka, 560076, India.
                                                                * * * * * *
PANAMA.................                                         * * * * * *
                         Novax Group S.A., Avenida     For all items       Presumption of      88 FR [INSERT FR
                          Aquilino de la Guardia con    subject to the      denial.             PAGE NUMBER AND
                          Calle 47, Edificio Ocean      EAR. (See Sec.                          11/21/2023].
                          Plaza, Piso 16, Oficina 8,    744.11 of the
                          Ciudad de Panama, Panama.     EAR).
                          (See alternate addresses
                          under Costa Rica, Ecuador,
                          Russia, and Venezuela).
                                                                * * * * * *
                         Zero Waste Global S.A., 58    For all items       Presumption of      88 FR [INSERT FR
                          Street Obarrios Office One    subject to the      denial.             PAGE NUMBER AND
                          Building, Suite 1302,         EAR. (See Sec.                          11/21/2023].
                          Panama City, Panama. (See     744.11 of the
                          alternate address under       EAR).
                          Venezuela).
                                                                * * * * * *
RUSSIA.................                                         * * * * * *
                         Novax Group S.A.,             For all items       Presumption of      88 FR [INSERT FR
                          Koptevskaya Ulitsa 67,        subject to the      denial.             PAGE NUMBER AND
                          Moscow, 125239, Russia.       EAR. (See Sec.                          11/21/2023].
                          (See alternate addresses      744.11 of the
                          under Costa Rica, Ecuador,    EAR).
                          Panama, and Venezuela).
                                                                * * * * * *
SPAIN..................                                         * * * * * *
                         Aerofalcon S.L., Calle        For all items       Presumption of      88 FR [INSERT FR
                          [Aacute]ngel Cavero 28,       subject to the      denial.             PAGE NUMBER AND
                          Madrid, 28043, Spain.         EAR. (See Sec.                          11/21/2023].
                                                        744.11 of the
                                                        EAR).
                                                                * * * * * *
VENEZUELA..............                                         * * * * * *

                         Novax Group S.A., Caracas,    For all items       Presumption of      88 FR [INSERT FR
                          Venezuela. (See alternate     subject to the      denial.             PAGE NUMBER AND
                          addresses under Costa Rica,   EAR. (See Sec.                          11/21/2023].
                          Ecuador, Panama, and          744.11 of the
                          Russia).                      EAR).
                         Zero Waste Global S.A.,       For all items       Presumption of      88 FR [INSERT FR
                          Between Avenida Beethoven     subject to the      denial.             PAGE NUMBER AND
                          and Avenida Principal de      EAR. (See Sec.                          11/21/2023].
                          Bello Monte, Edificio El      744.11 of the
                          Cigarral PH-A, Caracas, CP    EAR).
                          1050, Venezuela. (See
                          alternate address under
                          Panama).
                                                                * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2023-25684 Filed 11-17-23; 8:45 am]
BILLING CODE 3510-33-P


[Federal Register Volume 80, Number 62 (Wednesday, April 1, 2015)]
[Notices]
[Page 17538]
[FR Doc No: 2015-07463]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE., Washington, DC
20549-2736.

Extension:
    Form SE; SEC File No. 270-289, OMB Control No. 3235-0327.

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the collection of
information summarized below. The Commission plans to submit this
existing collection of information to the Office of Management and
Budget for extension and approval.
    Form SE (17 CFR 239.64) is used by registrants to file paper copies
of exhibits, reports or other documents that would be difficult or
impossible to submit electronically, as provided in Rule 311 of
Regulation S-T (17 CFR 232.311). The information contained in Form SE
is used by the Commission to identify paper copies of exhibits. Form SE
is filed by individuals, companies or other entities that are required
to file documents electronically. Approximately 31 registrants file
Form SE and it takes an estimated 0.10 hours per response for a total
annual burden of 3 hours.
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; (b) the accuracy of the agency's estimate of
the burden imposed by the collection of information; (c) ways to
enhance the quality, utility, and clarity of the information collected;
and (d) ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted in writing within 60
days of this publication.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid control number.
    Please direct your written comment to Pamela Dyson, Director/Chief
Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 100 F Street NE., Washington, DC 20549 or send an email
to<EMAIL_ADDRESS>
    Dated: March 27, 2015.
Brent J. Fields,
Secretary.
[FR Doc. 2015-07463 Filed 3-31-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 196 (Thursday, October 12, 2017)]
[Notices]
[Pages 47504-47505]
[FR Doc No: 2017-22007]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG18-2-000.
    Applicants: NTE Carolinas II, LLC.
    Description: Self-Certification of Exempt Wholesale Generator
Status of NTE Carolinas II, LLC.
    Filed Date: 10/4/17.
    Accession Number: 20171004-5155.
    Comments Due: 5 p.m. ET 10/25/17.

    Docket Numbers: EG18-3-000.
    Applicants: Bladen Solar, LLC.
    Description: Self-Certification of Exempt Wholesale Generator
Status of Bladen Solar, LLC.
    Filed Date: 10/5/17.
    Accession Number: 20171005-5005.
    Comments Due: 5 p.m. ET 10/26/17.

    Docket Numbers: EG18-4-000.
    Applicants: Bullock Solar, LLC.
    Description: Self-Certification of Exempt Wholesale Generator
Status of Bullock Solar, LLC.
    Filed Date: 10/5/17.
    Accession Number: 20171005-5006.
    Comments Due: 5 p.m. ET 10/26/17.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER18-26-000.
    Applicants: Southwestern Electric Power Company.
    Description: Sec.  205(d) Rate Filing: SWEPCO-NTEC Hallsville S.
Tap to Gum Springs DPA to be effective 9/11/2017.
    Filed Date: 10/4/17.
    Accession Number: 20171004-5139.
    Comments Due: 5 p.m. ET 10/25/17.

    Docket Numbers: ER18-27-000.
    Applicants: Thunder Ranch Wind Project, LLC.
    Description: Baseline eTariff Filing: Thunder Ranch Wind Project,
LLC MBR Tariff to be effective 11/1/2017.
    Filed Date: 10/4/17.
    Accession Number: 20171004-5154.
    Comments Due: 5 p.m. ET 10/25/17.

    Docket Numbers: ER18-28-000.
    Applicants: Duke Energy Florida, LLC.
    Description: Sec.  205(d) Rate Filing: DEF Bartow NITSA Update to
be effective 1/1/2018.
    Filed Date: 10/5/17.
    Accession Number: 20171005-5003.
    Comments Due: 5 p.m. ET 10/26/17.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.

    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: October 5, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017-22007 Filed 10-11-17; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: March 4, 2009 (Volume 74, Number 41)]
[Notices]
[Page 9396-9397]
[DOCID:fr04mr09-35]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2009-0061; FRL-8401-7]

Pesticide Products; Registration Application

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces receipt of an application to register a
pesticide product containing a new active ingredient not included in
any currently registered product pursuant to the provisions of section
3(c)(4) of the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA), as amended.

DATES: Comments must be received on or before April 3, 2009.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2009-0061, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2009-0061. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you

consider to be CBI or otherwise protected through regulations.gov or e-
mail. The 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 e-
mail comment directly to EPA without going through regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the 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 docket index
available at http://www.regulations.gov. 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, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of
operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal holidays. The Docket Facility telephone
number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Raderrio Wilkins, Biopesticides and
Pollution Prevention Division (7511P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; e-mail
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.

B. What Should I Consider as I Prepare My Comments for EPA?

     1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
     ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. Registration Application

    EPA received an application as follows to register a pesticide
product containing an active ingredient not included in any previously
registered product pursuant to the provision of section 3(c)(4) of
FIFRA. Notice of receipt of this application does not imply a decision
by the Agency on the application.

File Symbol: 52991-EG. Applicant: Bedoukian Research, Inc., 21 Finance
Dr., Danbury, CT 06810-4192. Product name: Bedoukian L-Carvone. Active
ingredient: L-Carvone at 99.5%. Proposal classification/Use:
Biochemical technical grade ingredient (TGAI) that will be used in end-
use products that repel mosquitoes and other biting insects.

List of Subjects

    Environmental protection, Pesticides and pest.

    Dated: February 5, 2009.
Janet L. Andersen,
Director, Biopesticides and Pollution Prevention Division, Office of
Pesticide Programs.
[FR Doc. E9-4224 Filed 3-3-09; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 88, Number 24 (Monday, February 6, 2023)]
[Notices]
[Pages 7717-7718]
[FR Doc No: 2023-02412]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC23-3-000]

Commission Information Collection Activities (FERC-725M); Comment
Request; Extension

AGENCY: Federal Energy Regulatory Commission, Department of Energy.

ACTION: Notice of information collection and request for comments.

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

SUMMARY: In compliance with the requirements of the Paperwork Reduction
Act of 1995 (PRA), the Federal Energy Regulatory Commission (Commission
or FERC) is soliciting public comment on the currently approved
information collection, FERC-725M (Mandatory Reliability Standard:
Transmission Vegetation Management), which will be submitted to the
Office of Management and Budget (OMB) for review.

DATES: Comments on the collection of information are due March 8, 2023.

ADDRESSES: Send written comments on FERC-725M (identified by Docket No.
IC23-3-000) to the Office of Management and Budget (OMB) through
www.reginfo.gov/public/do/PRAMain, Attention: Federal Energy Regulatory
Commission Desk Officer. Please identify the OMB Control Number 1902-
0263 (Mandatory Reliability Standard: Transmission Vegetation
Management) in the subject line. Your comments should be sent within 30
days of publication of this notice in the Federal Register.
    Please submit copies of your comments (identified by Docket No.
IC23-3-000 and FERC-725M) to the Commission as noted below. Electronic
filing through https://www.ferc.gov is preferred.
     Electronic Filing: Documents must be filed in acceptable
native applications and print-to-PDF, but not in scanned or picture
format.
     For those unable to file electronically, comments may be
filed by USPS mail or by hand (including courier) delivery:
    [ssquf] Mail via U.S. Postal Service only, addressed to: Federal
Energy Regulatory Commission, Secretary of the Commission, 888 First
Street NE, Washington, DC 20426.
    [ssquf] Hand (including courier) delivery to: Federal Energy
Regulatory Commission, 12225 Wilkins Avenue, Rockville, MD 20852.
    Please reference the specific collection number(s) (FERC-725M) and/
or title(s) (Gas Pipeline Rates: Refund Report Requirements) in your
comments.
    Instructions: OMB submissions must be formatted and filed in
accordance with submission guidelines at: www.reginfo.gov/public/do/PRAMain. Using the search function under the ``Currently Under Review
field,'' select ``Federal Energy Regulatory Commission,'' click
``submit,'' and select ``comment'' to the right of the subject
collection. FERC submissions must be formatted and filed in accordance
with submission guidelines at: https://www.ferc.gov. For user
assistance, contact FERC Online Support by email at
[email protected], or by phone at<PHONE_NUMBER> (toll-free).
    Docket: Users interested in receiving automatic notification of
activity in this docket or in viewing/downloading comments and
issuances in this docket may do so at https://www.ferc.gov.

FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email at
[email protected] and telephone at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    Title: FERC-725M (Mandatory Reliability Standard: Transmission
Vegetation Management).
    OMB Control No.: 1902-0263.
    Type of Request: Three-year extension of the FERC-725M with no
updates to the current reporting requirements.
    Abstract: On September 19, 2013, the Commission issued Order No.
785, Docket No. RM12-16-000, a Final Rule \1\ approving modifications
to four existing Reliability Standards submitted by the North American
Electric Reliability Corporation (NERC), the Commission certified
Electric Reliability Organization. Specifically, the Commission
approved Reliability Standards FAC-001-1 (Facility Connection
Requirements), FAC-003-3 (Transmission Vegetation Management), PRC-004-
2.1a (Analysis and Mitigation of Transmission and Generation Protection
System Misoperations), and PRC-005-1.1b (Transmission and Generation
Protection System Maintenance and Testing).\2\ The modifications
improved reliability either by extending applicability of the
Reliability Standard to certain generator interconnection facilities,
or by clarifying that the existing Reliability Standard is and remains
applicable to generator interconnection facilities.
---------------------------------------------------------------------------

    \1\ Generator Requirements at the Transmission Interface, 144
FERC ] 61,221 (2013).
    \2\ The burden included in information collection FERC-725M (in
Docket No. RM12-16) corresponds to FAC-003-3 (Transmission
Vegetation Management). The Final Rule RM12-16-000 modifications
included in PRC-004-2.1a and PRC-005-1.1b, which are not a subject
of the 725M information collection.
---------------------------------------------------------------------------

    The currently effective reliability standard is FAC-003-4
(Transmission Vegetation Management). Reliability Standard FAC-003-4
includes the Minimum Vegetation Clearance Distances (MVCDs) which are
based on additional testing regarding the appropriate gap factor to be
used to calculate clearance distances for vegetation. NERC previously
explained that Reliability Standard FAC-003-4 includes higher and more
conservative MVCD values and, therefore, maintained that FAC-003-4
would ``enhance reliability and provide additional confidence by
applying a more conservative approach to determining the vegetation
clearing distances.''
    On March 4, 2022, a Delegated Letter Order was issued, Docket No.
RD22-2-000, approving FAC-003-5. The Reliability Standard FAC-003-5 set
forth requirements to maintain a reliable electric transmission system
by using a defense[hyphen]in[hyphen]depth strategy to manage vegetation
located on transmission rights of way (ROW) and minimize encroachments
from vegetation located adjacent to the ROW, thus preventing the risk
of those vegetation[hyphen]related outages that could lead to
cascading. Specific to FAC-003-5, modifications were done to replace
the Interconnection Reliability Operating Limit (IROL) with new
language. The requirements in FAC-003-5 result in two years of one-time
costs, which are reflected in the burden table below.
    In FERC-725M we are renewing the information collection
requirements that are currently in Reliability Standard FAC-003-4 but
were not specified in RD22-2-000. Furthermore, we are adjusting the
burden in FAC-003-4 to reflect the latest number of applicable entities
based on the NERC Compliance Registry as of September 16, 2022.
    Type of Respondents: Transmission Owner (TO); Generator Owner (GO);
and Regional Entity (RE).
    Estimate of Annual Burden.\3\ The Commission estimates the annual
public reporting burden and cost \4\ for the information collection as:
---------------------------------------------------------------------------

    \3\ Burden is defined as the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a federal agency. See 5
CFR 1320 for additional information on the definition of information
collection burden.
    \4\ The estimated hourly cost (salary plus benefits) are based
on the figures for May 2022 posted by the Bureau of Labor Statistics
for the Utilities sector (available at http://www.bls.gov/oes/current/naics2_22.htm) and updated with benefits information (at
http://www.bls.gov/news.release/ecec.nr0.htm). The hourly estimates
for salary plus benefits are:
    --Manager (code 11-0000), $102.41.
    --Information and Records Clerks (code 43-4199), $42.35.
    --Electrical Engineer (code 17-2071), $77.02.
    The average hourly burden cost for this collection is $73.93
[($102.41 + $42.35 + $77.02)/3 = $73.93)] and is rounded to $74.00
an hour.

                            FERC-725M, Mandatory Reliability Standards: Generator Requirements at the Transmission Interface
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                     Number of    Annual  number
                                    respondents    of  responses   Total number    Average burden hours &    Total annual burden hours &     Cost per
                                        \5\       per respondent   of responses       cost per response           total annual cost       respondent ($)
                                             (1)             (2)     (1) * (2) =  (4).....................  (3) * (4) = (5).............       (5) / (1)
                                                                             (3)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                      Currently Effective Standard: FAC-003-4 (Transmission Vegetation Management)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Generator Owners, Regional               \6\ 116               4             464  0.25 hrs.; $18.50.......  116 hrs.; $8,584.00.........          $74.00
 Entities: Quarterly Reporting
 (Compliance 1.4).
Generator Owners: Annual Veg.                110               1             110  2 hrs.; $148.00.........  220 hrs.; $16,280.00........          148.00
 inspect. Doc. (M6); Work Plan
 (M7); Evidence of Mgt. of Veg.
 (M1 & M2); Confirmed Veg.
 Condition (M4); & Corrective
 Action (M5).
Generator Owners, Transmission               437               1             437  1 hr.; $74.00...........  437 hrs.; $32,338.00........           74.00
 Owners: Record Retention
 (Compliance 1.2).
                                 -----------------------------------------------------------------------------------------------------------------------
    Sub-Total for standards in    ..............  ..............           1,011  ........................  773 hrs.; $57,202.00........  ..............
     FAC-003-4.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                      FERC-725M (Modifications from RD22-2-000) \7\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                           One Time Estimate Years 1 and 2 \8\
--------------------------------------------------------------------------------------------------------------------------------------------------------
FAC-003-5.......................        TO (325)               4           1,300  8 hrs.; $728............  10,400 hrs.; $946,400.......  ..............
                                       GO (1068)               4           4,272  8 hrs.; $728............  34,176 hrs.; $3,110,016.....  ..............
                                 -----------------------------------------------------------------------------------------------------------------------
    Sub-Total for standards in    ..............  ..............           5,572  ........................  44,576 hrs.; $4,056,416.....  ..............
     FAC-003-5.
    Average Annual Burden over 3  ..............  ..............        1,857.33  ........................  14,858.67 hrs.;               ..............
     years (RM22-2 Modification).                                                                            $1,352,138.97.
                                 -----------------------------------------------------------------------------------------------------------------------
        Total of 725M...........  ..............  ..............        2,868.33  ........................  15,631.67 hrs.;               ..............
                                                                                $1,422,481.97.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Comments: Comments are invited on: (1) whether the collection of
information is necessary for the proper performance of the functions of
the Commission, including whether the information will have practical
utility; (2) the accuracy of the agency's estimates of the burden and
cost of the collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility and clarity of the information collection; and (4) ways to
minimize the burden of the collection of information on those who are
to respond, including the use of automated collection techniques or
other forms of information technology.
---------------------------------------------------------------------------

    \5\ According to the NERC Compliance Registry as of September
16, 2022, there are 1,099 generator owners and 327 transmission
owners registered in North America. We estimate that approximately
10 percent (or 110) of these generator owners have interconnection
facilities that are applicable to the standard.
    \6\ The estimated number of respondents (116) includes 110
generator owners and 6 Regional Entities.
    \7\ RD22-2-000 and the related reliability standards in FAC-003-
5 becomes effective 4/1/2023 and are one-time burdens for year 1 and
2. These modifications are currently under review at OMB. This
renewal covers other information collection requirements in 725M
that were not part of RD22-2-000.
    \8\ Commission staff estimated that the industry's skill set
(wages and benefits) for RD22-2-000 is comparable to the
Commission's skill set. The FERC 2022 average salary plus benefits
for one FERC full-time equivalent (FTE) is $188,922 year (or $91 per
hour [rounded]).

    Dated: January 31, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-02412 Filed 2-3-23; 8:45 am]
BILLING CODE 6717-01-P