[Federal Register Volume 81, Number 67 (Thursday, April 7, 2016)]
[Rules and Regulations]
[Pages 20252-20257]
[FR Doc No: 2016-07672]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-2015-0573, 0574, 0578, 0579 and 0580; FRL-9944-36-OLEM]

National Priorities List

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (``CERCLA'' or ``the Act''), as amended, requires
that the National Oil and Hazardous Substances Pollution Contingency
Plan (``NCP'') include a list of national priorities among the known
releases or threatened releases of hazardous substances, pollutants or
contaminants throughout the United States. The National Priorities List
(``NPL'') constitutes this list. The NPL is intended primarily to guide
the Environmental Protection Agency (``the EPA'' or ``the agency'') in
determining which sites warrant further investigation. These further
investigations will allow the EPA to assess the nature and extent of
public health and environmental risks associated with the site and to
determine what CERCLA-financed remedial action(s), if any, may be
appropriate. This rule adds five sites to the General Superfund section
of the NPL.

DATES: The document is effective on May 9, 2016.

ADDRESSES: Contact information for the EPA Headquarters:
     Docket Coordinator, Headquarters; U.S. Environmental
Protection Agency; CERCLA Docket Office; 1301 Constitution Avenue NW.;
William Jefferson Clinton Building West, Room 3334, Washington, DC
20004, 202/566-0276.
    The contact information for the regional dockets is as follows:
     Holly Inglis, Region 1 (CT, ME, MA, NH, RI, VT), U.S. EPA,
Superfund Records and Information Center, 5 Post Office Square, Suite
100, Boston, MA 02109-3912; 617/918-1413.
     Ildefonso Acosta, Region 2 (NJ, NY, PR, VI), U.S. EPA, 290
Broadway, New York, NY 10007-1866; 212/637-4344.
     Lorie Baker (ASRC), Region 3 (DE, DC, MD, PA, VA, WV),
U.S. EPA, Library, 1650 Arch Street, Mailcode 3HS12, Philadelphia, PA
19103; 215/814-3355.
     Jennifer Wendel, Region 4 (AL, FL, GA, KY, MS, NC, SC,
TN), U.S. EPA, 61 Forsyth Street SW., Mailcode 9T25, Atlanta, GA 30303;
404/562-8799.
     Todd Quesada, Region 5 (IL, IN, MI, MN, OH, WI), U.S. EPA
Superfund Division Librarian/SFD Records Manager SRC-7J, Metcalfe
Federal Building, 77 West Jackson Boulevard, Chicago, IL 60604; 312/
886-4465.
     Brenda Cook, Region 6 (AR, LA, NM, OK, TX), U.S. EPA, 1445
Ross Avenue, Suite 1200, Mailcode 6SFTS, Dallas, TX 75202-2733; 214/
665-7436.
     Preston Law, Region 7 (IA, KS, MO, NE), U.S. EPA, 11201
Renner Blvd., Mailcode SUPR/SPEB, Lenexa, KS 66219; 913/551-7097.
     Sabrina Forrest, Region 8 (CO, MT, ND, SD, UT, WY), U.S.
EPA, 1595 Wynkoop Street, Mailcode 8EPR-B, Denver, CO 80202-1129; 303/
312-6484.
     Sharon Murray, Region 9 (AZ, CA, HI, NV, AS, GU, MP), U.S.
EPA, 75 Hawthorne Street, Mailcode SFD 6-1, San Francisco, CA 94105;
415/947-4250.
     Ken Marcy, Region 10 (AK, ID, OR, WA), U.S. EPA, 1200 6th
Avenue, Mailcode ECL-112, Seattle, WA 98101; 206/463-1349.

FOR FURTHER INFORMATION CONTACT: Terry Jeng, phone:<PHONE_NUMBER>,
email<EMAIL_ADDRESS>Site Assessment and Remedy Decisions Branch,
Assessment and Remediation Division, Office of Superfund Remediation
and Technology Innovation (Mailcode 5204P), U.S. Environmental
Protection Agency; 1200 Pennsylvania Avenue NW., Washington, DC 20460;
or the Superfund Hotline, phone<PHONE_NUMBER> or<PHONE_NUMBER> in the
Washington, DC, metropolitan area.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
    A. What are CERCLA and SARA?
    B. What is the NCP?
    C. What is the National Priorities List (NPL)?
    D. How are sites listed on the NPL?
    E. What happens to sites on the NPL?
    F. Does the NPL define the boundaries of sites?
    G. How are sites removed from the NPL?

    H. May the EPA delete portions of sites from the NPL as they are
cleaned up?
    I. What is the Construction Completion List (CCL)?
    J. What is the Sitewide Ready for Anticipated Use measure?
    K. What is state/tribal correspondence concerning NPL listing?
II. Availability of Information to the Public
    A. May I review the documents relevant to this final rule?
    B. What documents are available for review at the EPA
headquarters docket?
    C. What documents are available for review at the EPA regional
dockets?
    D. How do I access the documents?
    E. How may I obtain a current list of NPL sites?
III. Contents of This Final Rule
    A. Additions to the NPL
    B. What did the EPA do with the public comments it received?
IV. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act (PRA)
    C. Regulatory Flexibility Act (RFA)
    D. Unfunded Mandates Reform Act (UMRA)
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
    H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act (NTTAA)
    J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
    K. Congressional Review Act

I. Background

A. What are CERCLA and SARA?

    In 1980, Congress enacted the Comprehensive Environmental Response,
Compensation, and Liability Act, 42 U.S.C. 9601-9675 (``CERCLA'' or
``the Act''), in response to the dangers of uncontrolled releases or
threatened releases of hazardous substances, and releases or
substantial threats of releases into the environment of any pollutant
or contaminant that may present an imminent or substantial danger to
the public health or welfare. CERCLA was amended on October 17, 1986,
by the Superfund Amendments and Reauthorization Act (``SARA''), Public
Law 99-499, 100 Stat. 1613 et seq.

B. What is the NCP?

    To implement CERCLA, the EPA promulgated the revised National Oil
and Hazardous Substances Pollution Contingency Plan (``NCP''), 40 CFR
part 300, on July 16, 1982 (47 FR 31180), pursuant to CERCLA section
105 and Executive Order 12316 (46 FR 42237, August 20, 1981). The NCP
sets guidelines and procedures for responding to releases and
threatened releases of hazardous substances, or releases or substantial
threats of releases into the environment of any pollutant or
contaminant that may present an imminent or substantial danger to the
public health or welfare. The EPA has revised the NCP on several
occasions. The most recent comprehensive revision was on March 8, 1990
(55 FR 8666).
    As required under section 105(a)(8)(A) of CERCLA, the NCP also
includes ``criteria for determining priorities among releases or
threatened releases throughout the United States for the purpose of
taking remedial action and, to the extent practicable, taking into
account the potential urgency of such action, for the purpose of taking
removal action.'' ``Removal'' actions are defined broadly and include a
wide range of actions taken to study, clean up, prevent or otherwise
address releases and threatened releases of hazardous substances,
pollutants or contaminants (42 U.S.C. 9601(23)).

C. What is the National Priorities List (NPL)?

    The NPL is a list of national priorities among the known or
threatened releases of hazardous substances, pollutants or contaminants
throughout the United States. The list, which is appendix B of the NCP
(40 CFR part 300), was required under section 105(a)(8)(B) of CERCLA,
as amended. Section 105(a)(8)(B) defines the NPL as a list of
``releases'' and the highest priority ``facilities'' and requires that
the NPL be revised at least annually. The NPL is intended primarily to
guide the EPA in determining which sites warrant further investigation
to assess the nature and extent of public health and environmental
risks associated with a release of hazardous substances, pollutants or
contaminants. The NPL is of only limited significance, however, as it
does not assign liability to any party or to the owner of any specific
property. Also, placing a site on the NPL does not mean that any
remedial or removal action necessarily need be taken.
    For purposes of listing, the NPL includes two sections, one of
sites that are generally evaluated and cleaned up by the EPA (the
``General Superfund section'') and one of sites that are owned or
operated by other federal agencies (the ``Federal Facilities
section''). With respect to sites in the Federal Facilities section,
these sites are generally being addressed by other federal agencies.
Under Executive Order 12580 (52 FR 2923, January 29, 1987) and CERCLA
section 120, each federal agency is responsible for carrying out most
response actions at facilities under its own jurisdiction, custody or
control, although the EPA is responsible for preparing a Hazard Ranking
System (``HRS'') score and determining whether the facility is placed
on the NPL.

D. How are sites listed on the NPL?

    There are three mechanisms for placing sites on the NPL for
possible remedial action (see 40 CFR 300.425(c) of the NCP): (1) A site
may be included on the NPL if it scores sufficiently high on the HRS,
which the EPA promulgated as appendix A of the NCP (40 CFR part 300).
The HRS serves as a screening tool to evaluate the relative potential
of uncontrolled hazardous substances, pollutants or contaminants to
pose a threat to human health or the environment. On December 14, 1990
(55 FR 51532), the EPA promulgated revisions to the HRS partly in
response to CERCLA section 105(c), added by SARA. The revised HRS
evaluates four pathways: Ground water, surface water, soil exposure and
air. As a matter of agency policy, those sites that score 28.50 or
greater on the HRS are eligible for the NPL. (2) Each state may
designate a single site as its top priority to be listed on the NPL,
without any HRS score. This provision of CERCLA requires that, to the
extent practicable, the NPL include one facility designated by each
state as the greatest danger to public health, welfare or the
environment among known facilities in the state. This mechanism for
listing is set out in the NCP at 40 CFR 300.425(c)(2). (3) The third
mechanism for listing, included in the NCP at 40 CFR 300.425(c)(3),
allows certain sites to be listed without any HRS score, if all of the
following conditions are met:
     The Agency for Toxic Substances and Disease Registry
(ATSDR) of the U.S. Public Health Service has issued a health advisory
that recommends dissociation of individuals from the release.
     The EPA determines that the release poses a significant
threat to public health.
     The EPA anticipates that it will be more cost-effective to
use its remedial authority than to use its removal authority to respond
to the release.
    The EPA promulgated an original NPL of 406 sites on September 8,
1983 (48 FR 40658) and generally has updated it at least annually.

E. What happens to sites on the NPL?

    A site may undergo remedial action financed by the Trust Fund
established under CERCLA (commonly referred to as the ``Superfund'')
only after it is placed on the NPL, as provided in the NCP at 40 CFR
300.425(b)(1). (``Remedial actions'' are those ``consistent with a
permanent remedy, taken instead of or in addition to removal actions''
(40 CFR 300.5). However, under 40 CFR 300.425(b)(2), placing a site on
the NPL ``does not imply that monies will be expended.'' The EPA may
pursue other appropriate authorities to respond to the releases,
including enforcement action under CERCLA and other laws.

F. Does the NPL define the boundaries of sites?

    The NPL does not describe releases in precise geographical terms;
it would be neither feasible nor consistent with the limited purpose of
the NPL (to identify releases that are priorities for further
evaluation), for it to do so. Indeed, the precise nature and extent of
the site are typically not known at the time of listing.
    Although a CERCLA ``facility'' is broadly defined to include any
area where a hazardous substance has ``come to be located'' (CERCLA
section 101(9)), the listing process itself is not intended to define
or reflect the boundaries of such facilities or releases. Of course,
HRS data (if the HRS is used to list a site) upon which the NPL
placement was based will, to some extent, describe the release(s) at
issue. That is, the NPL site would include all releases evaluated as
part of that HRS analysis.
    When a site is listed, the approach generally used to describe the
relevant release(s) is to delineate a geographical area (usually the
area within an installation or plant boundaries) and identify the site
by reference to that area. However, the NPL site is not necessarily
coextensive with the boundaries of the installation or plant, and the
boundaries of the installation or plant are not necessarily the
``boundaries'' of the site. Rather, the site consists of all
contaminated areas within the area used to identify the site, as well
as any other location where that contamination has come to be located,
or from where that contamination came.
    In other words, while geographic terms are often used to designate
the site (e.g., the ``Jones Co. Plant site'') in terms of the property
owned by a particular party, the site, properly understood, is not
limited to that property (e.g., it may extend beyond the property due
to contaminant migration), and conversely may not occupy the full
extent of the property (e.g., where there are uncontaminated parts of
the identified property, they may not be, strictly speaking, part of
the ``site''). The ``site'' is thus neither equal to, nor confined by,
the boundaries of any specific property that may give the site its
name, and the name itself should not be read to imply that this site is
coextensive with the entire area within the property boundary of the
installation or plant. In addition, the site name is merely used to
help identify the geographic location of the contamination, and is not
meant to constitute any determination of liability at a site. For
example, the name ``Jones Co. plant site,'' does not imply that the
Jones Company is responsible for the contamination located on the plant
site.
    EPA regulations provide that the remedial investigation (``RI'')
``is a process undertaken . . . to determine the nature and extent of
the problem presented by the release'' as more information is developed
on site contamination, and which is generally performed in an
interactive fashion with the feasibility study (``FS'') (40 CFR 300.5).
During the RI/FS process, the release may be found to be larger or
smaller than was originally thought, as more is learned about the
source(s) and the migration of the contamination. However, the HRS
inquiry focuses on an evaluation of the threat posed and therefore the
boundaries of the release need not be exactly defined. Moreover, it
generally is impossible to discover the full extent of where the
contamination ``has come to be located'' before all necessary studies
and remedial work are completed at a site. Indeed, the known boundaries
of the contamination can be expected to change over time. Thus, in most
cases, it may be impossible to describe the boundaries of a release
with absolute certainty.
    Further, as noted previously, NPL listing does not assign liability
to any party or to the owner of any specific property. Thus, if a party
does not believe it is liable for releases on discrete parcels of
property, it can submit supporting information to the agency at any
time after it receives notice it is a potentially responsible party.
    For these reasons, the NPL need not be amended as further research
reveals more information about the location of the contamination or
release.

G. How are sites removed from the NPL?

    The EPA may delete sites from the NPL where no further response is
appropriate under Superfund, as explained in the NCP at 40 CFR
300.425(e). This section also provides that the EPA shall consult with
states on proposed deletions and shall consider whether any of the
following criteria have been met:
    (i) Responsible parties or other persons have implemented all
appropriate response actions required;
    (ii) All appropriate Superfund-financed response has been
implemented and no further response action is required; or
    (iii) The remedial investigation has shown the release poses no
significant threat to public health or the environment, and taking of
remedial measures is not appropriate.

H. May the EPA delete portions of sites from the NPL as they are
cleaned up?

    In November 1995, the EPA initiated a policy to delete portions of
NPL sites where cleanup is complete (60 FR 55465, November 1, 1995).
Total site cleanup may take many years, while portions of the site may
have been cleaned up and made available for productive use.

I. What is the Construction Completion List (CCL)?

    The EPA also has developed an NPL construction completion list
(``CCL'') to simplify its system of categorizing sites and to better
communicate the successful completion of cleanup activities (58 FR
12142, March 2, 1993). Inclusion of a site on the CCL has no legal
significance.
    Sites qualify for the CCL when: (1) Any necessary physical
construction is complete, whether or not final cleanup levels or other
requirements have been achieved; (2) the EPA has determined that the
response action should be limited to measures that do not involve
construction (e.g., institutional controls); or (3) the site qualifies
for deletion from the NPL. For the most up-to-date information on the
CCL, see the EPA's Internet site at https://www.epa.gov/superfund/about-superfund-cleanup-process#tab-6.

J. What is the Sitewide Ready for Anticipated Use measure?

    The Sitewide Ready for Anticipated Use measure represents important
Superfund accomplishments and the measure reflects the high priority
the EPA places on considering anticipated future land use as part of
the remedy selection process. See Guidance for Implementing the
Sitewide Ready-for-Reuse Measure, May 24, 2006, OSWER 9365.0-36. This
measure applies to final and deleted sites where construction is
complete, all cleanup goals have been achieved, and all institutional
or other

controls are in place. The EPA has been successful on many occasions in
carrying out remedial actions that ensure protectiveness of human
health and the environment for current and future land uses, in a
manner that allows contaminated properties to be restored to
environmental and economic vitality. For further information, please go
to https://www.epa.gov/superfund/about-superfund-cleanup-process#tab-9.

K. What is state/tribal correspondence concerning NPL listing?

    In order to maintain close coordination with states and tribes in
the NPL listing decision process, the EPA's policy is to determine the
position of the states and tribes regarding sites that the EPA is
considering for listing. This consultation process is outlined in two
memoranda that can be found at the following Web site: https://www.epa.gov/superfund/statetribal-correspondence-concerning-npl-site-listing.
    The EPA has improved the transparency of the process by which state
and tribal input is solicited. The EPA is using the Web and where
appropriate more structured state and tribal correspondence that (1)
explains the concerns at the site and the EPA's rationale for
proceeding; (2) requests an explanation of how the state intends to
address the site if placement on the NPL is not favored; and (3)
emphasizes the transparent nature of the process by informing states
that information on their responses will be publicly available.
    A model letter and correspondence between the EPA and states and
tribes where applicable, is available on the EPA's Web site at https://www.epa.gov/superfund/statetribal-correspondence-concerning-npl-site-listing.htm.

II. Availability of Information to the Public

A. May I review the documents relevant to this final rule?

    Yes, documents relating to the evaluation and scoring of the sites
in this final rule are contained in dockets located both at the EPA
headquarters and in the EPA regional offices.
    An electronic version of the public docket is available through
http://www.regulations.gov (see table below for docket identification
numbers). Although not all docket materials may be available
electronically, you may still access any of the publicly available
docket materials through the docket facilities identified in section
II.D.

                  Docket Identification Numbers by Site
------------------------------------------------------------------------
            Site name             City/county, state     Docket ID No.
------------------------------------------------------------------------
PCE Former Dry Cleaner..........  Atlantic, IA......  EPA-HQ-SFUND-2015-
                                                       0573.
Old American Zinc Plant.........  Fairmont City, IL.  EPA-HQ-SFUND-2015-
                                                       0574.
Iowa-Nebraska Light & Power Co..  Norfolk, NE.......  EPA-HQ-SFUND-2015-
                                                       0578.
Former Kil-Tone Company.........  Vineland, NJ......  EPA-HQ-SFUND-2015-
                                                       0579.
Lea and West Second Street......  Roswell, NM.......  EPA-HQ-SFUND-2015-
                                                       0580.
------------------------------------------------------------------------

B. What documents are available for review at the EPA headquarters
docket?

    The headquarters docket for this rule contains the HRS score
sheets, the documentation record describing the information used to
compute the score and a list of documents referenced in the
documentation record for each site.

C. What documents are available for review at the EPA regional dockets?

    The EPA regional dockets contain all the information in the
headquarters docket, plus the actual reference documents containing the
data principally relied upon by the EPA in calculating or evaluating
the HRS score. These reference documents are available only in the
regional dockets.

D. How do I access the documents?

    You may view the documents, by appointment only, after the
publication of this rule. The hours of operation for the headquarters
docket are from 8:30 a.m. to 4:30 p.m., Monday through Friday,
excluding federal holidays. Please contact the regional dockets for
hours. For addresses for the headquarters and regional dockets, see
ADDRESSES section in the beginning portion of this preamble.

E. How may I obtain a current list of NPL sites?

    You may obtain a current list of NPL sites via the Internet at
https://www.epa.gov/superfund/national-priorities-list-npl-sites-site-name or by contacting the Superfund docket (see contact information in
the beginning portion of this document).

III. Contents of This Final Rule

A. Additions to the NPL

    This final rule adds the following five sites to the General
Superfund section of the NPL. These sites are being added to the NPL
based on HRS score.
    General Superfund section:

------------------------------------------------------------------------
       State                     Site name                City/county
------------------------------------------------------------------------
IA.................  PCE Former Dry Cleaner..........  Atlantic.
IL.................  Old American Zinc Plant.........  Fairmont City.
NE.................  Iowa-Nebraska Light & Power Co..  Norfolk.
NJ.................  Former Kil-Tone Company.........  Vineland.
NM.................  Lea and West Second Street......  Roswell.
------------------------------------------------------------------------

B. What did the EPA do with the public comments it received?

    The EPA is adding five sites to the NPL in this final rule, all to
the general Superfund section. All of the sites were proposed for
addition to the NPL on September 30, 2015 (80 FR 58658).
    Three of the sites received no comments. They are PCE Former Dry
Cleaner in Atlantic, IA; Old American Zinc Plant in Fairmont City, IL;
and, Lea and West Second Street in Roswell, NM.
    EPA received one comment supporting listing of the Kil-Tone Company
in Vineland, NJ. In response,

EPA is adding the Former Kil-Tone Company site to the NPL.
    EPA received HRS-specific comments on the Iowa-Nebraska Light &
Power Co in Norfolk, NE. Those comments have been addressed in a
response to comments support document available in the public docket
concurrently with the publication of this rule.

IV. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under
the PRA. This rule does not contain any information collection
requirements that require approval of the OMB.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities. This rule
listing sites on the NPL does not impose any obligations on any group,
including small entities. This rule also does not establish standards
or requirements that any small entity must meet, and imposes no direct
costs on any small entity. Whether an entity, small or otherwise, is
liable for response costs for a release of hazardous substances depends
on whether that entity is liable under CERCLA 107(a). Any such
liability exists regardless of whether the site is listed on the NPL
through this rulemaking.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action imposes no enforceable duty on any
state, local or tribal governments or the private sector. Listing a
site on the NPL does not itself impose any costs. Listing does not mean
that the EPA necessarily will undertake remedial action. Nor does
listing require any action by a private party, state, local or tribal
governments or determine liability for response costs. Costs that arise
out of site responses result from future site-specific decisions
regarding what actions to take, not directly from the act of placing a
site on the NPL.

E. Executive Order 13132: Federalism

    This final rule does not have federalism implications. It 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.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications as specified in
Executive Order 13175. Listing a site on the NPL does not impose any
costs on a tribe or require a tribe to take remedial action. Thus,
Executive Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because this action itself is procedural in
nature (adds sites to a list) and does not, in and of itself, provide
protection from environmental health and safety risks. Separate future
regulatory actions are required for mitigation of environmental health
and safety risks.

H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    The EPA believes the human health or environmental risk addressed
by this action will not have potential disproportionately high and
adverse human health or environmental effects on minority, low-income
or indigenous populations because it does not affect the level of
protection provided to human health or the environment. As discussed in
Section I.C. of the preamble to this action, the NPL is a list of
national priorities. The NPL is intended primarily to guide the EPA in
determining which sites warrant further investigation to assess the
nature and extent of public health and environmental risks associated
with a release of hazardous substances, pollutants or contaminants. The
NPL is of only limited significance as it does not assign liability to
any party. Also, placing a site on the NPL does not mean that any
remedial or removal action necessarily need be taken.

K. Congressional Review Act

    This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).
    Provisions of the Congressional Review Act (CRA) or section 305 of
CERCLA may alter the effective date of this regulation. Under 5 U.S.C.
801(b)(1), a rule shall not take effect, or continue in effect, if
Congress enacts (and the President signs) a joint resolution of
disapproval, described under section 802. Another statutory provision
that may affect this rule is CERCLA section 305, which provides for a
legislative veto of regulations promulgated under CERCLA. Although INS
v. Chadha, 462 U.S. 919,103 S. Ct. 2764 (1983), and Bd. of Regents of
the University of Washington v. EPA, 86 F.3d 1214,1222 (D.C. Cir.
1996), cast the validity of the legislative veto into question, the EPA
has transmitted a copy of this regulation to the Secretary of the
Senate and the Clerk of the House of Representatives.
    If action by Congress under either the CRA or CERCLA section 305
calls the effective date of this regulation into question, the EPA will
publish a document of clarification in the Federal Register.

List of Subjects in 40 CFR Part 300

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

    Dated: March 28, 2016.
Mathy Stanislaus,
Assistant Administrator, Office of Land and Emergency Management.

    For reasons set out in the preamble, 40 CFR part 300 is amended as
follows:

PART 300--NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION
CONTINGENCY PLAN

0
1. The authority citation for Part 300 is revised to read as follows:

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

0
2. Table 1 of Appendix B to Part 300 is amended by adding entries for
``PCE Former Dry Cleaner'', ``Old American Zinc Plant'', ``Iowa-
Nebraska Light & Power Co'', ``Former Kil-Tone Company'' and ``Lea and
West Second Street'' in alphabetical order by state to read as follows:

Appendix B to Part 300--National Priorities List

                   Table 1--General Superfund Section
------------------------------------------------------------------------
      State             Site name         City/county      Notes \(a)\
------------------------------------------------------------------------

                              * * * * * * *
IA..............   PCE Former Dry       Atlantic.......
                   Cleaner.

                              * * * * * * *
IL..............  Old American Zinc     Fairmont City..
                   Plant.

                              * * * * * * *
NE..............  Iowa-Nebraska Light   Norfolk........
                   & Power Co.

                              * * * * * * *
NJ..............  Former Kil-Tone       Vineland.......
                   Company.

                              * * * * * * *
NM..............  Lea and West Second   Roswell........
                   Street.

                              * * * * * * *
------------------------------------------------------------------------
\(a)\ A = Based on issuance of health advisory by Agency for Toxic
  Substances and Disease Registry (if scored, HRS score need not be
  greater than or equal to 28.50).

* * * * *
[FR Doc. 2016-07672 Filed 4-6-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: September 18, 2009 (Volume 74, Number 180)]
[Rules and Regulations]
[Page 47871-47873]
[DOCID:fr18se09-1]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.

========================================================================

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2009-0529]
RIN 1625-AA00

Safety Zone; Cape Charles Tomato Festival Fireworks Event,
Chesapeake Bay, Cape Charles, VA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a 280-foot radius safety zone
on the Chesapeake Bay in the vicinity of the Cape Charles Town Harbor,
Cape Charles, VA in support of the Cape Charles Tomato Festival
Fireworks event. This action will protect mariners from the hazards
associated with fireworks displays by restricting vessel traffic
movement in the vicinity of the event.

DATES: This rule is effective on September 26, 2009 from 8 p.m. to 8:30
p.m.

ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2009-0529 and are available online by going to
http://www.regulations.gov, selecting the Advanced Docket Search option
on the right side of the screen, inserting USCG-2009-0529 in the Docket
ID box, pressing Enter, and then clicking on the item in the Docket ID
column. This material is also available for inspection or copying at
the Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail LT Tiffany Duffy, Chief Waterways
Management Division, Sector Hampton Roads, Coast Guard, telephone 757-
668-5580, e-mail<EMAIL_ADDRESS>If you have questions on
viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On July 20, 2009, we published a notice of proposed rulemaking
(NPRM) entitled Cape Charles Tomato Festival, Chesapeake Bay, Cape
Charles, VA in the Federal Register (74 FR 137). We received no
comments on the proposed rule. No public meeting was requested, and
none was held.

Background and Purpose

    Coast Guard Sector Hampton Roads has been notified that the Cape
Charles Renewal Project will sponsor a fireworks display on the
Chesapeake Bay shoreline centered on position 37[deg]15'46'' N/
076[deg]01'30'' W (NAD 1983) on September 26, 2009. Due to the need to
protect mariners and spectators from the hazards associated with the
fireworks display, the United States Coast Guard will restrict access
within 280 feet of the fireworks launch area.

Discussion of Rule

    The Coast Guard is establishing a safety zone on the navigable
waters of the Chesapeake Bay within 280 feet of position 37[deg]15'46''
N/076[deg]01'30'' W (NAD 1983). This safety zone will be established in
the vicinity of the Cape Charles Town Harbor, Cape Charles, VA on
September 26, 2009. In the interest of public safety, access to the
safety zone will be restricted from 8 p.m. to 8:30 p.m. on September
26, 2009. Except for participants and vessels authorized by the Coast
Guard Captain of the Port or his representative, no person or vessel
will be authorized to enter or remain in the regulated area.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. Although this regulation restricts access
to the safety zone, the effect of this rule would not be significant
because: (i) The safety zone will be in effect for a limited duration;
(ii) the zone would be of limited size; and (iii) the Coast Guard would
make notifications via maritime advisories so mariners can adjust their
plans accordingly.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule will affect the following entities, some of which
may be small entities: owners and operators of vessels intending to
transit or anchor in that portion of the Chesapeake Bay from 8 p.m
until 8:30 p.m. on September 26, 2009. The safety zone will not have a
significant economic impact on a substantial number of small entities
for the following reasons. The safety zone will only be in place for a
limited duration. The safety zone will be of limited size. Maritime
advisories will be issued allowing the mariners to adjust their plans
accordingly. Furthermore, since the safety zone will apply to only a
small portion of the Chesapeake Bay, there will be adequate space for
mariners to safely transit around the zone.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the rule so

that they could better evaluate its effects on them and participate in
the rulemaking process.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

Collection of Information

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

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

Unfunded Mandates Reform Act

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

Taking of Private Property

    This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies. This rule does not use technical standards.
Therefore, we did not consider the use of voluntary consensus
standards.

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction. This rule involves establishing a safety
zone around a fireworks display. The fireworks will be launched from a
land area; however some fallout debris, to include live fireworks or
hot embers, may enter the water within a 280 foot radius of the
launching site. This zone is designed to protect the maritime public
from the hazards associated with fireworks displays. An environmental
analysis checklist and a categorical exclusion determination are
available in the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6 and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add temporary Sec.  165.T05-0529, to read as follows:

Sec.  165.T05-0529  Safety Zone: Cape Charles Tomato Festival Fireworks
Event, Chesapeake Bay, Cape Charles, VA.

    (a) Regulated Area. The following area is a safety zone: All
navigable waters within 280 feet of position 37[deg]15'46'' N/
076[deg]01'30'' W (NAD 1983), in the vicinity of the Cape Charles Town
Harbor in Cape Charles, VA.
    (b) Definitions. As used in this section, Captain of the Port
Representative means any U.S. Coast Guard commissioned, warrant or
petty officer who has been authorized by the Captain of the Port,
Hampton Roads, Virginia to act on his behalf.
    (c) Regulations: (1) In accordance with the general regulations in
Sec.  165.23 of this part, entry into this zone is prohibited unless
authorized by the

Captain of the Port, Hampton Roads or his designated representatives.
    (2) The operator of any vessel in the immediate vicinity of this
safety zone shall:
    (i) Stop the vessel immediately upon being directed to do so by any
commissioned, warrant or petty officer on shore or on board a vessel
that is displaying a U.S. Coast Guard Ensign.
    (ii) Proceed as directed by any commissioned, warrant or petty
officer on shore or on board a vessel that is displaying a U.S. Coast
Guard Ensign.
    (3) The Captain of the Port, Hampton Roads and the Sector Duty
Officer at Sector Hampton Roads in Portsmouth, Virginia can be
contacted at telephone number<PHONE_NUMBER>.
    (4) The Captain of the Port Representative enforcing the safety
zone can be contacted on VHF-FM marine band radio, channel 13
(156.65Mhz) and channel 16 (156.8Mhz).
    (d) Enforcement Period. This rule is effective on September 26,
2009 from 8 p.m. to 8:30 p.m.

    Dated: August 24, 2009.
M.S. Ogle,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. E9-22458 Filed 9-17-09; 8:45 am]

BILLING CODE 4910-15-P


FIRST AID

IF IN EYES:

Hold eye open and rinse slowly and gently with water for 15-20 minutes.
Remove contact lenses, if present, after the first 5 minutes, then
continue rinsing eye.

Call poison control center or doctor for treatment advice.

IF ON SKIN:

Take off contaminated clothing.

Wash skin immediately with soap and water, then rinse with plenty of
water for 15-20 minutes.

Call a poison control center or doctor for treatment advice.

IF SWALLOWED:

Call poison control center or doctor immediately for treatment advice.

Have person sip a glass of water if able to swallow.

Do not induce vomiting unless told to do so by poison control center or
doctor.

Do not give anything to an unconscious person.

HOTLINE NUMBER

Have the product container or label with you when calling a poison
control center, doctor or going for treatment.

For emergency information concerning this product, call the National
Pesticide Information Center at 1-800-858-7378, 6:30 AM to 4:30 PM
Pacific Time, seven days a week. During other times, call the poison
control center 1-800-222-1222.

PRECAUTIONARY STATEMENTS

HAZARDS TO HUMANS AND DOMESTIC ANIMALS: CAUTION: Harmful if swallowed.
Wash thoroughly with soap and water after handling and before eating,
drinking, chewing gum, using tobacco or using the toilet. Harmful if
absorbed through skin. Avoid contact with skin, eyes or clothing. Remove
and wash contaminated clothing before reuse. Causes moderate eye
irritation. Avoid contact with eyes or clothing. Prolonged or frequently
repeated skin contact may cause allergic reactions in some individuals.

ENVIRONMENTAL HAZARDS: Do not discharge effluent containing this product
into lakes, streams, ponds, estuaries, or other waters unless in
accordance with the requirements of a national pollutant Discharge
Elimination System (NPDES) permit and the permitting authority has been
notified in writing prior to discharge.  Do not discharge effluent
containing this product to sewer systems without previously notifying
the local sewage treatment plant authority.  For guidance, contact your
State Water board or Regional Office of the EPA.

DIRECTIONS FOR USE

GENERAL CLASSIFICATION. It is a violation of Federal Law to use this
product in a manner inconsistent with its labeling. ISCA EC MP is for
formulation into insect pheromone end-use products. for use on
terrestrial food and non-food crops, aquatic food and non-food crops,
greenhouse food and non-food crops, domestic outdoor use, insect traps,
and for experimental purposes that are in compliance with FIFRA. End-use
products formulated with ISCA EC MP must be registered with EPA. This
product may be used to formulate products for any additional uses not
listed on the MP label if the formulator, user group or grower has
complied with U.S. EPA data submission requirements regarding the
support of such use(s).

STORAGE AND DISPOSAL

Do not contaminate water, food or feed by storage or disposal.

PESTICIDE

STORAGE	Store product sealed at a temperature between 4o and 8oC out of
direct sunlight.   In case of leak or spill, wipe with oil absorbent
towels and dispose of waste at an approved waste facility

PESTICIDE

DISPOSAL	Wastes resulting from the use of this product may be disposed
of on site or at an approved waste facility.

CONTAINER

DISPOSAL	Nonrefillable container. Do not refill or reuse this container.
Triple rinse (or equivalent) promptly after emptying. Offer for
recycling if available, or puncture and dispose of in a sanitary
landfill, or by incineration. Do not burn unless allowed by state and
local ordinances.

WARRANTY AND LIMITATION OF DAMAGES

IMPORTANT: READ BEFORE USE

Read the entire Directions for Use, Conditions of Warranties and
Limitations of Liability before using this product. If terms are not
acceptable, return the unopened product container at once.

By using this product, user or buyer accepts the following Conditions,
Disclaimer of Warranties and Limitations of Liability.  CONDITIONS: The
directions for use of this product are believed to be adequate and must
be followed carefully. However, it is impossible to eliminate all risks
associated with the use of this product. Crop injury, ineffectiveness or
other unintended consequences may result because of such factors as
weather conditions, presence of other materials, or the manner of use or
application, all of which are beyond the control of ISCA Technologies.
All such risks shall be assumed by the user or buyer. DISCLAIMER OF
WARRANTIES: To the extent consistent with applicable law, ISCA
Technologies makes no other warranties, express or implied, of
merchantability or of fitness for a particular purpose or otherwise,
that extend beyond the statements made on this label. No agent of ISCA
Technologies is authorized to make any warranties beyond those contained
herein or to modify the warranties contained herein. To the extent
consistent with applicable law, ISCA Technologies disclaims any
liability whatsoever for special, incidental or consequential damages
resulting from the use or handling of this product. LIMITATIONS OF
LIABILITY: To the extent consistent with applicable law, the exclusive
remedy of the user or buyer for any and all losses, injuries or damages
resulting from the use or handling of this product, whether in contract,
warranty, tort, negligence, strict liability or otherwise, shall not
exceed the purchase price paid or at ISCA Technologies’ election, the
replacement of product.

 ISCA Technologies, Inc.	1230 Spring St., Riverside, CA, 92507
951-686-5008   	www.iscatech.com

 PAGE

EC MP™

For Manufacturing Use Only

ACTIVE INGREDIENT:

(Z,E)-7,9,11-Dodecatrienyl formate:		90.8%

(Carob Moth Pheromone Mimic)

OTHER INGREDIENTS:				  9.2%

TOTAL:					         100.0%

Net Contents: ________ Lbs   ________ Kg

Batch Number: _____________

EPA Reg. No. 80286-RO

EPA Est. No. 80286-CA-004

KEEP OUT OF REACH OF CHILDREN

CAUTION


[Federal Register Volume 79, Number 161 (Wednesday, August 20, 2014)]
[Notices]
[Page 49297]
[FR Doc No: 2014-19669]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. DI14-5-000]

Cordova Electric Cooperative; Notice of Declaration of Intention
and Soliciting Comments, Protests, and/or Motions To Intervene

    Take notice that the following application has been filed with the
Commission and is available for public inspection:
    a. Application Type: Declaration of Intention.
    b. Docket No: DI14-05-000.
    c. Date Filed: July 18, 2014.
    d. Applicant: Cordova Electric Cooperative.
    e. Name of Project: Cordova Water and Power Hydroelectric Project.
    f. Location: The proposed Cordova Water and Power Project will be
located on a Crater Lake outflow stream (Crater Creek), northeast of
the city of Cordova, in the Valdez-Cordova Census Area, Alaska,
affecting T. 15S, R. 3W, Copper River Meridian.
    g. Filed Pursuant to: Section 23(b)(1) of the Federal Power Act, 16
USC 817(b) (2012).
    h. Applicant Contact: Clay Koplin, P.E., CEO, Cordova Electric
Cooperative, P.O Box 20, Cordova. Alaska, 99574-0020, telephone: (907)
424-5026, email<EMAIL_ADDRESS>    i. FERC Contact: Any questions on this notice should be addressed
to Jennifer Polardino,<PHONE_NUMBER>, or Email address:
<EMAIL_ADDRESS>    j. Deadline for filing comments, protests, and/or motions is:
September 12, 2014, 30 days from the issuance of this notice by the
Commission.
    Comments, Motions to Intervene, and Protests may be filed
electronically via the Internet. See 18 CFR 385.2001(a)(l)(iii) (2014)
and the instructions on the Commission's Web site under the ``eFiling''
link. If unable to be filed electronically, documents may be paper-
filed. To paper-file, an original and eight copies should be mailed to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street NE., Washington, DC 20426. For more information on how to
submit these types of filings, please go to the Commission's Web site
located at http://www.ferc.gov/filing-comments.asp.
    Please include the docket number (DI14-5-000) on any comments,
protests, and/or motions filed.
    k. Description of Project: The proposed Crater Lake Water and Power
Hydroelectric Project will consist of: (1) The natural reservoir of
water in Crater Lake, with a current estimated capacity of 400 acre-
feet; (2) a 20-foot-high, concrete dam at an elevation of 1,580 feet
above mean sea level; (3) a 3,800-foot-long, 1.05 diameter above-ground
steel penstock; (4) a steel-frame powerhouse containing a single, one-
megawatt generating unit rated at 1,450 feet of net head and a
discharge of 2.85 cfs; (5) a tailrace that would extend approximately
20 yards south from the powerhouse to discharge into Crater Creek, a
tributary of the Orca Inlet; (6) a short 1.47 kV three-phase
transmission line conveying power to an existing 12.47 kV distribution
line; (7) a pipe or channel conduit linking the powerhouse outflow with
the water supply pipeline; (8) and appurtenant facilities.
    When a Declaration of Intention is filed with the Federal Energy
Regulatory Commission, the Federal Power Act requires the Commission to
investigate and determine if the project would affect the interests of
interstate or foreign commerce. The Commission also determines whether
or not the project: (1) Would be located on a navigable waterway; (2)
would occupy public lands or reservations of the United States; (3)
would utilize surplus water or water power from a government dam; or
(4) would be located on a non-navigable stream over which Congress has
Commerce Clause jurisdiction and would be constructed or enlarged after
1935.
    l. Locations of the Application: Copies of this filing are on file
with the Commission and are available for public inspection. This
filing may be viewed on the Web at http://www.ferc.gov using the
``eLibrary'' link. Enter the Docket number excluding the last three
digits in the docket number field to access the document. You may also
register online at http://www.ferc.gov/docs-filing/esubscription.asp to
be notified via email of new filings and issuances related to this or
other pending projects. For assistance, call 1-866-208-3676 or email
<EMAIL_ADDRESS>for TTY, call<PHONE_NUMBER>. A copy is also
available for inspection and reproduction at the address in item (h)
above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions To Intervene--Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    o. Filing and Service of Responsive Documents--All filings must
bear in all capital letters the title ``COMMENTS'', ``PROTESTS'', AND/
OR ``MOTIONS TO INTERVENE'', as applicable, and the Docket Number of
the particular application to which the filing refers. A copy of any
Motion to Intervene must also be served upon each representative of the
Applicant specified in the particular application.
    p. Agency Comments--Federal, State, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.

    Dated: August 12, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-19669 Filed 8-19-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 241 (Monday, December 18, 2017)]
[Notices]
[Page 60011]
[FR Doc No: 2017-27170]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Number: PR18-2-001.
    Applicants: Acacia Natural Gas, L.L.C.
    Description: Tariff filing per 284.123(b),(e)+(g): Acacia Natural
Gas Filing--December 6, 2017 to be effective 12/6/2017.
    Filed Date: 12/6/17.
    Accession Number:<PHONE_NUMBER>11.
    Comments Due: 5 p.m. ET 12/27/17.
    284.123(g) Protests Due: 5 p.m. ET 12/27/17.

    Docket Numbers: RP18-244-000.
    Applicants: National Fuel Gas Supply Corporation.
    Description: Sec.  4(d) Rate Filing: Security Administrator to be
effective 12/31/9998.
    Filed Date: 12/7/17.
    Accession Number: 20171207-5081.
    Comments Due: 5 p.m. ET 12/19/17.

    Docket Numbers: RP18-245-000.
    Applicants: Empire Pipeline, Inc.
    Description: Sec.  4(d) Rate Filing: Empire Security Administrator
to be effective 12/31/9998.
    Filed Date: 12/7/17.
    Accession Number: 20171207-5112.
    Comments Due: 5 p.m. ET 12/19/17.

    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 date(s). 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: December 11, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017-27170 Filed 12-15-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: August 15, 2008 (Volume 73, Number 159)]
[Rules and Regulations]
[Page 47847-47850]
[DOCID:fr15au08-12]

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

National Highway Traffic Safety Administration

49 CFR Part 541

[Docket No. NHTSA-2008-0049]
RIN 2127-AK31

Federal Motor Vehicle Theft Prevention Standard; Final Listing of
2009 Light Duty Truck Lines Subject to the Requirements of This
Standard and Exempted Vehicle Lines for Model Year 2009

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation.

ACTION: Final rule.

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

SUMMARY: This final rule announces NHTSA's determination that there are
no new model year (MY) 2009 light duty truck lines subject to the
parts-marking requirements of the Federal motor vehicle theft
prevention standard because they have been determined by the agency to
be high-theft or because they have a majority of interchangeable parts
with those of a passenger motor vehicle line. This final rule also
identifies those vehicle lines that have been granted an exemption from
the parts-marking requirements because the vehicles are equipped with
antitheft devices determined to meet certain statutory criteria.

DATES: Effective Date: The amendment made by this final rule is
effective August 15, 2008.

FOR FURTHER INFORMATION CONTACT: Ms. Rosalind Proctor, Consumer
Standards Division, Office of International Policy, Fuel Economy and
Consumer Programs, NHTSA, West Building, 1200 New Jersey Avenue, SE.,
(NVS-131, Room W43-302), Washington, DC 20590. Ms. Proctor's telephone
number is<PHONE_NUMBER>. Her fax number is<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: On April 6, 2004, the agency published in
the Federal Register (69 FR 17960) a final rule extending the parts-
marking requirements to certain vehicle lines that were not previously
subject to these requirements, specifically (1) all low-theft passenger
car lines; (2) all low-theft multipurpose passenger vehicle (MPV) lines
with a gross vehicle weight rating (GVWR) of 6,000 pounds or less; and
(3) low-theft light-duty truck (LDT) lines with a GVWR of 6,000 pounds
or less that have major parts that are interchangeable with a majority
of the covered major parts of passenger cars or MPVs. The high-theft
vehicle lines that were previously exempted under 49 CFR part 543 on
the grounds that they were equipped with an antitheft device as
standard equipment were unaffected by the April 2004 final rule. The
agency also stated that it would continue to grant exemptions for one
vehicle line per manufacturer per model year. The final rule was
effective September 1, 2006. The final rule included a phase-in
provision which required at least 50 percent of the production volume
not subject to the current parts marking requirements (excluding light
duty trucks) to have been marked by September 1, 2006. The remaining
production volume not subject to the current parts marking requirements
must have been marked by September 1, 2007 (see 70 FR 28843, May 19,
2005).
    The purpose of the theft prevention standard (49 CFR part 541) is
to reduce the incidence of motor vehicle theft by facilitating the
tracing and recovery of parts from stolen vehicles. The standard seeks
to facilitate such tracing by requiring that vehicle identification
numbers (VINs), VIN derivative numbers, or other symbols be placed on
major component vehicle parts. The theft prevention standard requires
motor vehicle manufacturers to inscribe or affix VINs onto covered
original equipment major component parts, and to inscribe or affix a
symbol identifying the manufacturer and a common symbol identifying the
replacement component parts for those original equipment parts, on all
vehicle lines subject to the requirements of the standard.
    Section 33104(d) provides that once a line has become subject to
the theft prevention standard, the line remains subject to the
requirements of the standard unless it is exempted under Sec.  33106.
Section 33106 provides that a manufacturer may petition to have a line
exempted from the requirements of Sec.  33104, if the line is equipped
with an antitheft device as standard equipment. The exemption is
granted if NHTSA determines that the antitheft device is likely to be
as effective as compliance with the theft prevention standard in
reducing and deterring motor vehicle thefts.
    The agency annually publishes the names of those vehicle lines that
have been determined to be high theft pursuant to 49 CFR part 541 and
those that are exempted from the theft prevention standard under
section 33104. Appendix A to Part 541 identifies those new light-duty
truck lines listed for the first time that will be subject to the theft
prevention standard beginning in a given model year. Appendix A-I to
Part 541 identifies those vehicle lines that are or have been exempted
from the theft prevention standard.
    On September 26, 2007, the final listing of MY 2008 high-theft
vehicle lines was published in the Federal Register (72 FR 54600). The
final listing identified that there again were no new vehicle lines
that became subject to the theft prevention standard beginning with the
2008 model year. For MY 2009, there were no new light-duty truck lines
identified that became subject to the theft prevention standard in
accordance with the procedures published in 49 CFR part 542.
    For MY 2009, the list of lines that have been exempted by the
agency from the parts-marking requirements of Part 541 includes nine
vehicle lines newly exempted in full. The nine exempted vehicle lines
are the Hyundai Genesis, Mazda 5, Subaru Forester, Jeep Wrangler,
Chevrolet Equinox, Daimler smart USA fortwo, Nissan Rogue, Ford Escape,
and Audi Q5.
    We note that the agency removes from the list being published in
the Federal Register each year certain vehicles lines that have been
discontinued more than 5 years ago. Therefore, the Chevrolet Lumina/
Monte Carlo (1996-1999) and the Chevrolet Malibu (2001-2003) have been
removed from the Appendix A-I listing. The agency will continue to
maintain a comprehensive database of all exemptions on our Web site.
However, we believe that re-publishing a list containing vehicle lines
that have not been in production for a considerable period of time is
unnecessary.
    The vehicle lines listed as being exempt from the standard have
previously been exempted in accordance with the procedures of 49 CFR
part 543 and 49 U.S.C., 33106. Therefore, NHTSA finds for good cause
that notice and opportunity for comment on these listings are
unnecessary. Further, public comment on the listing of selections and
exemptions is not contemplated by 49 U.S.C. Chapter 331. For the same
reasons, since this revised listing only informs the public of previous
agency actions and does not impose additional obligations on any party,
NHTSA finds for good cause that the amendment made by this notice
should be effective as soon as it is published in the Federal Register.

Regulatory Impacts

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

    Executive Order 12866, ``Regulatory Planning and Review'' (58 FR
51735, October 4, 1993), provides for making determinations whether a
regulatory action is ``significant'' and therefore subject to Office of
Management and Budget (OMB) review and to the requirements of the
Executive Order. The Order defines a ``significant regulatory action''
as one that is likely to result in a rule that may:
    (1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or Tribal governments or
communities;
    (2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
    (4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
    This final rule was not reviewed under Executive Order 12866. It is
not significant within the meaning of the DOT Regulatory Policies and
Procedures. It will not impose any new burdens on vehicle
manufacturers. This document informs the public of previously granted
exemptions. Since the only purpose of this final rule is to inform the
public of previous actions taken by the agency no new costs or burdens
will result.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.)
requires agencies to evaluate the potential effects of their rules on
small businesses, small organizations and small governmental
jurisdictions. I have considered the effects of this rulemaking action
under the Regulatory Flexibility Act and certify that it would not have
a significant economic impact on a substantial number of small
entities. As noted above, the effect of this final rule is only to
inform the public of agency's previous actions.

C. National Environmental Policy Act

    NHTSA has analyzed this final rule for the purposes of the National
Environmental Policy Act. The agency has determined that implementation
of this action will not have any significant impact on the quality of
the human environment. Accordingly, no environmental assessment is
required.

D. Executive Order 13132 (Federalism)

    The agency has analyzed this rulemaking in accordance with the
principles and criteria contained in Executive Order 13132 and has
determined that it does not have sufficient federal implications to
warrant consultation with State and local officials or the preparation
of a federalism summary impact statement.

E. Unfunded Mandates Act

    The Unfunded Mandates Reform Act of 1995 requires agencies to
prepare a written assessment of the costs, benefits and other effects
of proposed or final rules that include a Federal mandate likely to
result in the expenditure by State, local or tribal governments, in the
aggregate, or by the private sector, of more than $100 million annually
($120.7 million as adjusted annually for inflation with base year of
1995). The assessment may be combined with other assessments, as it is
here.
    This final rule will not result in expenditures by State, local or
tribal governments or automobile manufacturers and/or their suppliers
of more than $120.7 million annually. This document informs the public
of previously granted exemptions. Since the only purpose of this final
rule is to inform the public of previous actions taken by the agency,
no new costs or burdens will result.

F. Executive Order 12988 (Civil Justice Reform)

    Pursuant to Executive Order 12988, ``Civil Justice Reform,''\1\ the
agency has considered whether this final rule has any retroactive
effect. We conclude that it would not have such an effect. In
accordance with Sec.  33118 when the Theft Prevention Standard is in
effect, a State or political subdivision of a State may not have a
different motor vehicle theft prevention standard for a motor vehicle
or major replacement part. 49 U.S.C. 33117 provides that judicial
review of this rule may be obtained pursuant to 49 U.S.C. 32909.
Section 32909 does not require submission of a petition for
reconsideration or other administrative proceedings before parties may
file suit in court.
---------------------------------------------------------------------------

    \1\ See 61 FR 4729, February 7, 1996.
---------------------------------------------------------------------------

G. Paperwork Reduction Act

    The Department of Transportation has not submitted an information
collection request to OMB for review and clearance under the Paperwork
reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. Chapter 35). This rule
does not impose any new information collection requirements on
manufacturers.

List of Subjects in 49 CFR Part 541

    Administrative practice and procedure, Labeling, Motor vehicles,
Reporting and recordkeeping requirements.

0
In consideration of the foregoing, 49 CFR part 541 is amended as
follows:

PART 541--[AMENDED]

0
1. The authority citation for part 541 continues to read as follows:

    Authority: 49 U.S.C. 33101, 33102, 33103, 33104, 33105 and
33106; delegation of authority at 49 CFR 1.50.

0
2. In part 541, Appendix A-I is revised to read as follows:

Appendix A-I to Part 541--Lines With Antitheft Devices Which Are
Exempted From the Parts-Marking Requirements of This Standard Pursuant
to 49 CFR Part 543

------------------------------------------------------------------------
               Manufacturer                         Subject lines
------------------------------------------------------------------------
BMW.......................................  MINI.
                                            X5.
                                            Z4.
                                            1 Car Line.
                                            3 Car Line.
                                            5 Car Line.
                                            6 Car Line.
                                            7 Car Line.
CHRYSLER..................................  300C.
                                            Jeep Grand Cherokee.

                                            Jeep Wrangler.\1\
                                            Conquest.
                                            Town and Country MPV.
                                            Dodge Charger.
                                            Dodge Magnum.
FORD MOTOR CO.............................  Escape.\1\
                                            Ford Five Hundred.
                                            Ford Focus.
                                            Lincoln Town Car.
                                            Mustang.
                                            Mercury Sable (2001-2004).
                                            Mercury Grand Marquis.
                                            Taurus (2000-2004).
                                            Taurus X.
GENERAL MOTORS............................  Buick Lucerne.
                                            Buick LeSabre.
                                            Buick LaCrosse/Century.
                                            Buick Park Avenue.
                                            Buick Regal/Century.
                                            Cadillac DTS/Deville.
                                            Cadillac STS/Seville.
                                            Chevrolet Cavalier.
                                            Chevrolet Classic.
                                            Chevrolet Cobalt.
                                            Chevrolet Corvette.
                                            Chevrolet Equinox.\1\
                                            Chevrolet Impala/Monte
                                             Carlo.
                                            Chevrolet Malibu/Malibu
                                             Maxx.
                                            Chevrolet Uplander.
                                            Chevrolet Venture (2002-
                                             2004).
                                            Oldsmobile Alero.
                                            Oldsmobile Aurora.
                                            Pontiac Bonneville.
                                            Pontiac G6.
                                            Pontiac Grand Am.
                                            Pontiac Grand Prix.
                                            Pontiac Sunfire.
                                            Saturn Aura.
HONDA.....................................  Acura CL.
                                            Acura NSX.
                                            Acura RL.
                                            Acura TL.
HYUNDAI...................................  Azera.
                                            Genesis.\3\
ISUZU.....................................  Axiom.
JAGUAR....................................  XK.
MAZDA.....................................  3.
                                            5.\1\
                                            6.
                                            CX-7.
                                            CX-9.
                                            MX-5 Miata.
                                            Millenia.
DAIMLER \2\...............................  Smart USA Fortwo.\1\
                                            SL-Class (the models within
                                             this line are): 300SL,
                                             500SL, 600SL, SL500, SL550,
                                             SL600, SL55, SL65.
                                            S-Class/CL-Class (the models
                                             within this line are):
                                             S450, S500, S550, S600,
                                             S55, S65, CL500, CL600,
                                             CL55, CL65.
                                            C-Class/CLK-Class (the
                                             models within this line
                                             are): C240, C300, C350, CLK
                                             350, CLK 550, CLK 63AMG.
                                            E-Class/CLS Class (the
                                             models within this line
                                             are): E320/E320DT CDi, E350/
                                             E500/E55, CLS500/CLS55.
MITSUBISHI................................  Eclipse.
                                            Endeavor.
                                            Galant.
                                            Diamante.
NISSAN....................................  Altima.
                                            Maxima.
                                            Pathfinder.
                                            Quest.
                                            Rogue.\1\
                                            Sentra.
                                            Versa
                                            350Z.
                                            Infiniti G35.
                                            Infiniti I30.
                                            Infiniti J30.

                                            Infiniti M30.
                                            Infiniti M45.
                                            Infiniti QX4.
                                            Infiniti Q45.
PORSCHE...................................  911.
                                            Boxster/Cayman.
SAAB......................................  9-3.
SUBARU....................................  Forester.\1\
                                            Impreza.
                                            B9 Tribeca.
SUZUKI....................................  XL-7.
TOYOTA....................................  Lexus ES.
                                            Lexus GS.
                                            Lexus LS.
                                            Lexus SC.
VOLKSWAGEN................................  Audi 5000S.
                                            Audi A4.
                                            Audi Allroad.
                                            Audi A6.
                                            Audi Q5.\1\
                                            New Beetle.
                                            Cabrio.
                                            Golf/GTI.
                                            Jetta.
                                            Passat.
------------------------------------------------------------------------
\1\ Granted an exemption from the parts marking requirements beginning
  with MY 2009.
\2\ Formerly known as Mercedes-Benz.

    Issued on: August 11, 2008.
Nathaniel M. Beuse,
Office of Crash Avoidance Standards, Director.
[FR Doc. E8-18890 Filed 8-14-08; 8:45 am]

BILLING CODE 4910-59-P


[Federal Register Volume 84, Number 228 (Tuesday, November 26, 2019)]
[Notices]
[Pages 65213-65214]
[FR Doc No: 2019-25567]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2019-0195 (Notice No. 2019-11)]

Hazardous Materials: Information Collection Activities

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

ACTION: Notice and request for comments.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, PHMSA
invites comments on a revision to the information collection pertaining
to hazardous materials public sector training and planning grants for
which PHMSA intends to request a renewal with revision from the Office
of Management and Budget.

DATES: Interested persons are invited to submit comments on or before
January 27, 2020.

ADDRESSES: You may submit comments identified by the Docket Number
PHMSA-2019-0195 (Notice No. 2019-11) by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail: Docket Management System; U.S. Department of
Transportation, West Building, Ground Floor, Room W12-140, Routing
Symbol M-30, 1200 New Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: To the Docket Management System; Room W12-
140 on the ground floor of the West Building, 1200 New Jersey Avenue
SE, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
    Instructions: All submissions must include the agency name and
Docket Number (PHMSA-2019-0195) for this notice at the beginning of the
comment. To avoid duplication, please use only one of these four
methods. All comments received will be posted without change to the
Federal Docket Management System (FDMS) and will include any personal
information you provide.
    Requests for a copy of an information collection should be directed
to Steven Andrews or Shelby Geller,<PHONE_NUMBER>, U.S. Department of
Transportation, Pipeline and Hazardous Materials Safety Administration,
Standards and Rulemaking Division, 1200 New Jersey Avenue SE,
Washington, DC 20590-0001.
    Docket: For access to the dockets to read background documents or
comments received, go to http://www.regulations.gov or DOT's Docket
Operations Office (see ADDRESSES).
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Steven Andrews or Shelby Geller, (202)
366-8553, U.S. Department of Transportation, Pipeline and Hazardous
Materials Safety Administration, Standards and Rulemaking Division,
1200 New Jersey Avenue SE, Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION: Section 1320.8 (d), title 5, Code of Federal
Regulations (CFR) requires PHMSA to provide interested members of the
public and affected agencies an opportunity to comment on information
collection and recordkeeping requests. This notice identifies an
information collection request that PHMSA will be submitting to the
Office of Management and Budget (OMB) for revision. Specifically, PHMSA
is notifying the public of its intent to seek additional information in
hazardous materials planning grant applications. This information
collection is contained in 49 CFR 171.6 of the Hazardous Materials
Regulations (HMR; 49 CFR parts 171-180). PHMSA has revised burden
estimates, where appropriate, to reflect current reporting levels or
adjustments based on a proposed revision to this information
collection. The following information is provided for this information
collection: (1) Title of the information collection, including former
title if a change is being made; (2) OMB control number; (3) summary of
the information collection activity; (4) description of affected
public; (5) estimate of total annual reporting and recordkeeping
burden; and (6) frequency of collection. PHMSA will request a 3-year
term of approval for this information collection activity and will
publish a notice in the Federal Register upon OMB's approval.
    On February 28, 2019, PHMSA published a final rule titled
``Hazardous Materials: Oil Spill Response Plans and Information Sharing
for High-Hazard Flammable Trains (FAST Act)'' [HM-251B; 84 FR 6910]
which revised and clarified requirements for Comprehensive Oil Spill
Response Plans (COSRPs) and expanded their applicability based on
petroleum oil thresholds that apply to an entire train consist. The
final rule also required a railroad to share information about high-
hazard flammable train (HHFT) operations with each State emergency
response commissions (SERC, Tribal Emergency Response, Commission
(TERC), or other appropriate State-delegated agency in each State
through which it operates to improve community preparedness. At a
minimum, railroads must provide: (1) A reasonable estimate of the
number of HHFTs that the railroad expects to operate each week, through
each county within the State or through each tribal jurisdiction; (2)
the routes over which the HHFTs will operate; (3) a description of the
hazardous materials being transported and all applicable emergency
response information required by the shipping papers and emergency
response information requirements of the HMR; (4) an HHFT point of
contact; and (5) a description of the response zones (including
counties and states) and the contact information for the qualified
individual and alternate as specified under Sec.  130.120(c) if a route
identified above is additionally subject to the comprehensive spill
plan requirements. In addition, the HHFT notification must be
maintained and transmitted in accordance with the following: (1)
Railroads must update the notifications for changes in volume greater
than 25%; (2) notifications and updates may be transmitted
electronically or by hard copy; (3) if the disclosure includes
information that a railroad believes is security sensitive or
proprietary and exempt from public disclosure, the railroad should
indicate that in the notification; (4) each point of contact must be
clearly identified by name or title, and contact role (e.g., qualified
individual, HHFT point of contact) in association with the telephone
number. One point of contact may fulfill multiple roles; and (5) copies
of the railroad's notifications must be made

available to the Department of Transportation upon request.
    Following an audit conducted by the General Accounting Office
(GAO), PHMSA received a recommendation (GAO-17-91) to develop a process
for regularly collecting information from SERCs on the distribution of
the railroad-provided hazardous materials shipping information to local
planning entities. In response to this recommendation, PHMSA is seeking
to have grant applicants declare if SERCs have received copies of the
railroad-provided information detailed above. In addition, PHMSA is
seeking to determine if the SERCs are disseminating this information to
local planning entities. PHMSA expects that requesting grantees to
provide this additional information will add approximately 2 minutes of
burden time per respondent. For 62 grantees, this is appropriately
2.067 additional burden hours (62 grantees x 2 minutes).
    The time to complete each component of an HMEP grantee application,
including the additional information-sharing compliance questions, is
as follows:

----------------------------------------------------------------------------------------------------------------
                                                   Responses per     Number of       Hours per     Total burden
         Question/topic             Respondents     respondent       responses       response          hours
----------------------------------------------------------------------------------------------------------------
General Grantee and Sub-grantee               62               1              62              16             992
 information....................
Information on LEPCs............              62               1              62              16             992
Assessment of Potential Chemical              62               1              62               8             496
 Threats........................
Assessment of Response                        62               1              62               8             496
 Capabilities for Accidents/
 Incidents......................
HMEP Planning and Training Grant              62               1              62               7             434
 Reporting......................
HMEP Planning Goals and                       62               1              62               7             434
 Objectives.....................
HMEP Training and Planning                    62               1              62               7             434
 Assessment.....................
Hazmat Transportation Fees......              62               1              62            3.23          200.26
Grant Applicant is NIMS                       62               1              62             5.5             341
 Compliant/Grant Application Is
 Reviewed By SERC...............
HMEP Grant Program                            62               1              62             5.5             341
 Administration.................
HHFT Information-Sharing                      62               1              62           0.033           2.067
 Compliance Questions...........
----------------------------------------------------------------------------------------------------------------

    Title: Hazardous Materials Public Sector Training and Planning
Grants.
    OMB Control Number: 2137-0586.
    Summary: Part 110 of 49 CFR sets forth the procedures for
reimbursable grants for public sector planning and training in support
of the emergency planning and training efforts of States, Indian
tribes, and local communities to manage hazardous materials
emergencies, particularly those involving transportation. Sections in
this part address information collection and recordkeeping regarding
the application for grants, the monitoring of expenditures, and the
reporting and requesting of modifications.

----------------------------------------------------------------------------------------------------------------
                                                                 Total annual      Hours per       Total annual
           Information collection               Respondents       responses         response       burden hours
----------------------------------------------------------------------------------------------------------------
Hazardous Materials Grants Applications.....              62               62            83.26            5,162
----------------------------------------------------------------------------------------------------------------

    Affected Public: State and local governments, Indian tribes.
    Increase in Annual Reporting and Recordkeeping Burden:
    Increase in Annual Respondents: 0.
    Increase in Annual Responses: 0.
    Increase in Annual Burden Hours: 2.
    Frequency of collection: On occasion.

    Issued in Washington, DC on November 20, 2019.
William S. Schoonover,
Associate Administrator of Hazardous Materials Safety, Pipeline and
Hazardous Materials Safety Administration.
[FR Doc. 2019-25567 Filed 11-25-19; 8:45 am]
BILLING CODE 4910-60-P