[Federal Register: November 7, 2007 (Volume 72, Number 215)]
[Notices]
[Page 62845-62846]
[DOCID:fr07no07-44]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2007-1078; FRL-8156-2]

Prometon Risk Assessments; Notice of Availability, and Risk
Reduction Options

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the availability of EPA's risk
assessments and related documents for the pesticide prometon, and opens
a public comment period on these documents. The public is encouraged to
suggest risk management ideas or proposals to address the risks
identified. EPA is developing a Reregistration Eligibility Decision
(RED) for prometon through a modified, 4-Phase public participation
process that the Agency uses to involve the public in developing
pesticide reregistration decisions. This is Phase 3 of the 4-Phase
Process. Through this program, EPA is ensuring that all pesticides meet
current health and safety standards.

DATES: Comments must be received on or before January 7, 2008.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2007-1078, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.

Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket Facility telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2007-1078. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information

provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov website is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index
available in regulations.gov. To access the electronic docket, go to
http://www.regulations.gov, select ``Advanced Search,'' then ``Docket

Search.'' Insert the docket ID number where indicated and select the
``Submit'' button. Follow the instructions on the regulations.gov
website to view the docket index or access available documents.
Although listed in the index, some information is not publicly
available, e.g., CBI or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either in the electronic docket at http://www.regulations.gov
, or, if only available in hard copy, at the OPP

Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Bldg.),
2777 S. Crystal Dr., Arlington, VA. The hours of operation of this
Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket Facility telephone number is (703)
305-5805.

FOR FURTHER INFORMATION CONTACT: Rosanna Louie, Special Review and
Reregistration Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides. Since others also may be interested, the Agency
has not attempted to describe all the specific entities that may be
affected by this action. If you have any questions regarding the
applicability of this action to a particular entity, consult the person
listed under FOR FURTHER INFORMATION CONTACT.

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

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is

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

II. Background

A. What Action is the Agency Taking?

    EPA is releasing for public comment its human health and
environmental fate and effects risk assessments and related documents
for prometon, a triazine pesticide, and soliciting public comment on
risk management ideas or proposals. Prometon is a nonselective ``bare-
ground'' herbicide used to manage annual and perennial grasses and
broadleaf weeds. EPA developed the risk assessments and risk
characterization for prometon through a modified version of its public
process for making pesticide reregistration eligibility decisions.
Through these programs, EPA is ensuring that pesticides meet current
standards under the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA) and the Federal Food, Drug, and Cosmetic Act (FFDCA), as
amended by the Food Quality Protection Act of 1996 (FQPA).
    Prometon is a nonselective ``bare-ground'' herbicide labeled for
pre- and post-emergence applications to manage annual and perennial
grasses and broadleaf weeds. Products containing prometon are
formulated as emulsifiable concentrates, Ready-to-Use, water-based
flowable concentrates, and pelleted granules. Prometon is registered
for weed control around buildings, storage areas, fences, pumps,
machinery, fuel tanks, recreational areas, roadways, guard rails,
airports, military installations, highway medians, pipelines,
railroads, lumberyards, rights-of-way, and industrial sites (such as
cross connects, pedestals, transformers, vaults, buried cable closures,
telephone booths, fire plugs).
    EPA is providing an opportunity, through this notice, for
interested parties to provide comments and input on the Agency's risk
assessments for prometon. Such comments and input could address, for
example, the availability of additional data to further refine the risk
assessments, such as typical sizes of treatment areas, any use sites
that prometon is no longer used on, and alternative pesticides or weed
management methods that would be utilized in place of applying
prometon, or could address the Agency's risk assessment methodologies
and assumptions as applied to this specific pesticide.
    Through this notice, EPA also is providing an opportunity for
interested parties to provide risk management proposals or otherwise
comment on risk management for prometon. Risks of concern associated
with the use of prometon are various ecological risks and some human
health exposure scenarios in residential settings. In targeting these
risks of concern, the Agency solicits information on effective and
practical risk reduction measures.
    EPA seeks to achieve environmental justice, the fair treatment and
meaningful involvement of all people, regardless of race, color,
national origin, or income, in the development, implementation, and
enforcement of environmental laws, regulations, and policies. To help
address potential environmental justice issues, the Agency seeks
information on any groups or segments of the population who, as a
result of their location, cultural practices, or other factors, may
have atypical, unusually high exposure to prometon, compared to the
general population.
    EPA is applying the principles of public participation to all
pesticides undergoing reregistration and tolerance reassessment. The
Agency's Pesticide Tolerance Reassessment and Reregistration; Public
Participation Process, published in the Federal Register on May 14,
2004 (69 FR 26819) (FRL-7357-9), explains that in conducting these
programs, the Agency is tailoring its public participation process to
be commensurate with the level of risk, extent of use, complexity of
the issues, and degree of public concern associated with each
pesticide. For prometon, a modified, 4-Phase process with 1 comment
period and ample opportunity for public consultation seems appropriate
in view of its limited use, few complex issues, and other factors.
However, if as a result of comments received during this comment period
EPA finds that additional issues warranting further discussion are
raised, the Agency may lengthen the process and include a second
comment period, as needed. Although prometon is part of the triazine
group of pesticides, it did not meet the criterion for inclusion into
the triazine cumulative risk assessment (71 FR 35664), based on its
toxicity profile. It was therefore excluded from the triazine
cumulative risk assessment.
    All comments should be submitted using the methods in ADDRESSES,
and must be received by EPA on or before the closing date. Comments
will become part of the Agency Docket for prometon. Comments received
after the close of the comment period will be marked ``late.'' EPA is
not required to consider these late comments.

B. What is the Agency's Authority for Taking this Action?

    Section 4(g)(2) of FIFRA, as amended, directs that, after
submission of all data concerning a pesticide active ingredient, ``the
Administrator shall determine whether pesticides containing such active
ingredient are eligible for reregistration'' before calling in product-
specific data on individual end-use products and either reregistering
products or taking other ``appropriate regulatory action.''

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: October 31, 2007.
Peter Caulkins,
Acting Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. E7-21854 Filed 11-6-07; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 85, Number 147 (Thursday, July 30, 2020)]
[Notices]
[Pages 45881-45883]
[FR Doc No: 2020-16461]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2020-0144; FRL-10012-41]

Notice of Receipt of Requests To Voluntarily Cancel Certain
Pesticide Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In accordance with the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of requests
by registrants to voluntarily cancel certain pesticide registrations.
EPA intends to grant these requests at the close of the comment period
for this announcement unless the Agency receives substantive comments
within the comment period that would merit its further review of the
requests, or unless the registrants withdraw its requests. If these
requests are granted, any sale, distribution, or use of products listed
in this notice will be permitted after the registrations have been
cancelled only if such sale, distribution, or use is consistent with
the terms as described in the final order.

DATES: Comments must be received on or before January 26, 2021.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2020-0144, by one of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the
online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
    Mail: OPP Docket, Environmental Protection Agency Docket Center
(EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001.
    Submit written withdrawal request by mail to: Information
Technology and Resources Management Division (7502P), Office of
Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania
Ave. NW, Washington, DC 20460-0001. ATTN: Christopher Green.
    Hand Delivery: To make special arrangements for hand delivery or
delivery of boxed information, please

follow the instructions at http://www.epa.gov/dockets/contacts.html.
    Please note that due to the public health emergency the EPA Docket
Center (EPA/DC) and Reading Room was closed to public visitors on March
31, 2020. Our EPA/DC staff will continue to provide customer service
via email, phone, and webform. For further information on EPA/DC
services, docket contact information and the current status of the EPA/
DC and Reading Room, please visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Christopher Green, Information
Technology and Resources Management Division (7502P), Office of
Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania
Ave. NW, Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>;
email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

II. What action is the Agency taking?

    This notice announces receipt by EPA of requests from registrants
to cancel certain pesticide products. registered under FIFRA section 3
(7 U.S.C. 136a) or 24(c) (7 U.S.C. 136v(c)). The affected products and
the registrants making the requests are identified in Tables 1-2 of
this unit.
    Unless a request is withdrawn by the registrant or if the Agency
determines that there are substantive comments that warrant further
review of this request, EPA intends to issue an order in the Federal
Register canceling the affected registrations.

                      Table 1--Product Registrations With Pending Requests for Cancellation
----------------------------------------------------------------------------------------------------------------
            Registration No.                Company No.          Product name             Active ingredients
----------------------------------------------------------------------------------------------------------------
228-619.................................             228  NuFarm Sethoxydim SPC       Sethoxydim.
                                                           Herbicide.
1258-1265...............................            1258  Baquacil Ultra Swimming     Poly(iminoimidocarbonylimi
                                                           Pool Sanitizer &            noimidocarbonyliminohexam
                                                           Fungicide.                  ethylene) hydrochloride.
62719-397...............................           62719  Kerb 50-W.................  Propyzamide.
CA-960008...............................           62719  Kerb 50W Herbicide in WSP.  Propyzamide.
FL-910007...............................           62719  Kerb 50W Herbicide........  Propyzamide.
ID-020020...............................           62719  Kerb 50W Herbicide in WSP.  Propyzamide.
----------------------------------------------------------------------------------------------------------------

    Table 2 of this unit includes the names and addresses of record for
all registrants of the products in Table 1 of this unit, in sequence by
EPA company number. This number corresponds to the first part of the
EPA registration numbers of the products listed in Table 1 of this
unit.

         Table 2--Registrants Requesting Voluntary Cancellation
------------------------------------------------------------------------
       EPA Company No.                 Company name and address
------------------------------------------------------------------------
228.........................  NuFarm Americas, Inc., 4020 Aerial Center
                               Pkwy., Ste. 101, Morrisville, NC 27560.
1258........................  Arch Chemicals, Inc., 1200 Bluegrass Lakes
                               Parkway, Alpharetta, GA 30004.
62719.......................  Dow Agrosciences, LLC, 9330 Zionsville
                               Rd., 308/2E, Indianapolis, IN 46268-1054.
------------------------------------------------------------------------

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

    FIFRA section 6(f)(1) (7 U.S.C. 136d(f)(1)) provides that a
registrant of a pesticide product may at any time request that any of
its pesticide registrations be canceled or amended to terminate one or
more uses. FIFRA further provides that, before acting on the request,
EPA must publish a notice of receipt of any such request in the Federal
Register.
    FIFRA section 6(f)(1)(B) (7 U.S.C. 136d(f)(1)(B)) requires that
before acting on a request for voluntary cancellation, EPA must provide
a 30-day public comment period on the request for voluntary
cancellation or use termination. In addition, FIFRA section 6(f)(1)(C)
(7 U.S.C. 136d(f)(1)(C)) requires that EPA provide a 180-day comment
period on a request for voluntary cancellation or termination of any
minor agricultural use before granting the request, unless:
    1. The registrants request a waiver of the comment period, or
    2. The EPA Administrator determines that continued use of the
pesticide would pose an unreasonable adverse effect on the environment.
    The registrants listed in Table 2 of Unit II. have not requested
that EPA waive the 180-day comment period. Accordingly, EPA is
providing a 180-day comment period on the proposed requests.

IV. Procedures for Withdrawal of Request

    Registrants who choose to withdraw a request for product
cancellation should submit the withdrawal in writing to the person
listed under FOR FURTHER INFORMATION CONTACT. If the products have been
subject to a previous cancellation action, the effective date of
cancellation and all other provisions of any earlier cancellation
action are controlling.

V. Provisions for Disposition of Existing Stocks

    Existing stocks are those stocks of registered pesticide products
that are currently in the United States and that were packaged,
labeled, and released for shipment prior to the effective date of the
cancellation action.
    In any order issued in response to these requests for cancellation
of product registrations EPA proposes to include the following
provisions for the treatment of any existing stocks of the products
listed in Table 1 of Unit II.
    For voluntary product cancellations, registrants will be permitted
to sell and distribute existing stocks of voluntarily canceled products
for 1 year after the effective date of the cancellation, which will be
the date of publication of the cancellation order in the Federal
Register. Thereafter, registrants will be prohibited from selling or
distributing the products identified in Table 1 of Unit II., except for
export consistent with FIFRA section 17 (7 U.S.C. 136o) or for proper
disposal.
    Persons other than the registrant may sell, distribute, or use
existing stocks of canceled products until supplies are exhausted,
provided that such sale, distribution, or use is consistent with the
terms of the previously approved labeling on, or that accompanied, the
canceled products.

    Authority: 7 U.S.C. 136 et seq.

    Dated: July 15, 2020.
Delores Barber,
Director, Information Technology and Resources Management Division,
Office of Pesticide Programs.
[FR Doc. 2020-16461 Filed 7-29-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 247 (Wednesday, December 27, 2017)]
[Notices]
[Pages 61282-61283]
[FR Doc No: 2017-27904]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Effectiveness of Exempt Wholesale Generator and Foreign
Utility Company Status

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

------------------------------------------------------------------------
CA Flats Solar 150, LLC...............  EG17-149-000
Florey Knob Energy LLC................  EG17-150-000
RE Gaskell West LLC...................  EG17-151-000
RE Gaskell West 1 LLC.................  EG17-152-000
RE Gaskell West 4 LLC.................  EG17-153-000
RE Gaskell West 5 LLC.................  EG17-154-000
RE Gaskell West 3 LLC.................  EG17-155-000
Solar Star Oregon II, LLC.............  EG17-156-000

SP Cactus Flats Wind Energy, LLC......  EG17-157-000
Caoxian Taida New Energy Company        FC17-6-000
 Limited.
Altamuskin Windfarm Limited...........  FC17-7-000
Amplus Andhra Power Private Limited...  FC17-8-000
------------------------------------------------------------------------

    Take notice that during the month of November 2017, the status of
the above-captioned entities as Exempt Wholesale Generators or Foreign
Utility Companies became effective by operation of the Commission's
regulations. 18 CFR 366.7(a) (2017).

    Dated: December 20, 2017.
 Nathaniel J. Davis, Sr.,
 Deputy Secretary
[FR Doc. 2017-27904 Filed 12-26-17; 8:45 am]
BILLING CODE 6717-01-P


SUPPORTING STATEMENT FOR INFORMATION COLLECTION REQUEST NUMBER 0969.06 " FINAL AUTHORIZATION FOR HAZARDOUS WASTE MANAGEMENT PROGRAMS" TABLE OF CONTENTS 1. Identification of the Information Collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1( a) Title and Number of the Information Collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1( b) Short Characterization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2. Need for and Use of the Collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2( a) Need and Authority for the Collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2( b) Use and Users of the Data . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3. The Respondents and the Information Requested . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3( a) Respondents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 3( b) Information Requested . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 State Program Authorization: Base Program Development . . . . . . . . . . . . . . . . . . . . 4 ( a) Miscellaneous Program Elements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ( b) Program Description . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ( c) Attorney General's Statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 ( d) Memorandum of Agreement with EPA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 State Program Authorization: Base Program Public Participation and Submission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 ( a) Base Program Public Participation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 ( b) Base Program Submission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 State Program Authorization: Revision Applications . . . . . . . . . . . . . . . . . . . . . . . . . .9 State Program Authorization: Withdrawal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 4. The Information Collected  Agency Activities, Collection Methodology, and Information Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 4( a) Agency Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 State Program Authorization: Base Program Development . . . . . . . . . . . . . . . . . . . 12 State Program Authorization: Base Program Public Participation and Submission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 State Program Authorization: Revision Applications . . . . . . . . . . . . . . . . . . . . . . . . 12 State Program Authorization: Withdrawal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 4( b) Collection Methodology and Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 4( c) Small Entity Flexibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 4( d) Collection Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 State Program Authorization: Revision Applications . . . . . . . . . . . . . . . . . . . . . . . . 14 State Program Authorization: Withdrawal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 5. Nonduplication, Consultations, and Other Collection Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 5( a) Nonduplication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 5( b) Consultations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 5( c) Effects of Less Frequent Collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 5( d) General Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 5( e) Confidentiality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 5( f) Sensitive Questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 6. Estimating the Burden and Cost of Collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 6( a) Estimating Respondent Burden . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 6( b) Estimating Respondent Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 6( c) Estimating Agency Burden and Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 6( d) Bottom Line Burden Hours and Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 6( e) Burden Statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 EXHIBITS State Program Authorization: Base Program Development ( Exhibit 1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 State Program Authorization: Base Program Public Participation and Submission ( Exhibit 2) . . . . . . . . . . . . . . 21 State Program Authorization: Revision Applications ( Exhibit 3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 State Program Authorization: Withdrawal ( Exhibit 4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 State Program Authorization: Respondent Burden and Cost Summary ( Exhibit 5) . . . . . . . . . . . . . . . . . . . . . . . 24 State Program Authorization: Annual Agency Burden and Costs ( Exhibit 6) . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 State Program Authorization: Agency Burden and Cost Summary ( Exhibit 7) . . . . . . . . . . . . . . . . . . . . . . . . . . 27 1 1. IDENTIFICATION OF THE INFORMATION COLLECTION 1( a) TITLE AND NUMBER OF THE INFORMATION COLLECTION This ICR is titled " Final Authorization for Hazardous Waste Management Programs," ICR number 0969.06. In compliance with the Paperwork Reduction Act of 1995, EPA issued a public notice in the Federal Register on December 28, 2001 ( 66 FR 67245) announcing the renewal of the Final Authorization for Hazardous Waste Programs Information Collection Request ( ICR). EPA received one comment.

1( b) SHORT CHARACTERIZATION Section 3006( a) of the 1976 Resource Conservation and Recovery Act ( RCRA) authorizes EPA to develop guidelines to assist States in developing State hazardous waste programs. 40 CFR Part 271 subpart A specifies the requirements that States and territories must follow in developing and revising their RCRA Subtitle C programs. It also establishes procedures EPA must follow in approving, revising, and withdrawing approval of State programs. The substantive provisions which must be included in State programs for them to be approved include requirements for permitting, compliance evaluation, enforcement, public participation, and sharing of information. State programs must adopt or enforce requirements that are at least as stringent as those required under this subpart. There is nothing that precludes a State from adopting or enforcing requirements that are more stringent or extensive.

State Program Authorization: Base Program Development Section 271.5( a) describes the requirements for any State that is preparing a RCRA Subtitle C program. The section requires that any State that seeks to administer a program must obtain a letter from the Governor requesting program approval. The State must prepare a description of the program it proposes to administer in lieu of the Federal program under State law or under an interstate compact, in accordance with section 271.6. The State shall obtain a statement from the State Attorney General, including citations to the specific statutes, administrative regulations, and where appropriate, judicial decisions which demonstrate that the laws of the State provide adequate authority to carry out the program described under section 271.6, in accordance with section 271.7. The State also must prepare a Memorandum of Agreement ( MOA), in accordance with section 271.8. Section 271.5 requires that the State prepare copies of all applicable State statutes and regulations, including those governing State administrative procedures. As required by section 271.5( c), the State may also be required to prepare a revised submission if the initial submission is materially changed during EPA's review.

State Program Authorization: Base Program Public Participation and Submission Public participation in the development and approval of a State program is required by section 271.20( a) and ( b). Prior to submitting an application to EPA for approval, a State must issue a public notice of its intent to seek program approval from EPA. Section 271.20( a) requires that the notice must be circulated in the State's largest newspapers and mailed to persons on the State agency mailing list and to any other persons whom the agency has reason to believe are interested. The State must also provide for a comment period of not less than 30 days. If sufficient public interest is shown or, alternatively, by pre arrangement, the State or EPA must hold a public hearing. If the proposed State program is substantially modified after the public comment period, the State will, prior to submittal, provide the opportunity for further public comment on those portions of the State's program which have been changed since the prior public notice, as required by section 271.20( b). The State will be required to review and modify its program as necessary based on the public comment period( s) and public hearing ( if applicable).

After complying with the requirements of section 271.20( a) and ( b), the State shall prepare, in accordance with section 271.21( c), documentation of and a response to public comment, as required by section 271.5( a)( 6). 2 The State shall submit, in accordance with section 271.5, a proposed program to EPA, as required by section 271.20( c). The program submission shall include all those items prepared under sections 271.5 and 271.21( c). If the submission is materially changed because of EPA's review, the State must submit a revised program, in accordance with section 271.5( c).

Within 90 days of submission of the complete program to EPA, the Agency shall make a tentative determination of whether or not to grant State authorization, as required by section 271.20( d). If EPA indicates it may not approve the program, it must circulate a statement of concern. EPA must give notice of its tentative determination in the Federal Register, indicate in the Federal Register that a public hearing will be held, and subsequently hold a public hearing. Within 90 days of the notice EPA will make a final determination, taking into account the public comments. The Agency shall publish this determination in the Federal Register.

State Program Authorization: Revision Applications Either EPA or the Approved State may initiate program revision. Program revision may be necessary when the controlling Federal or State statutory or regulatory authority is modified or supplemented. The State shall inform EPA of any proposed modifications to its basic statutory or regulatory authority, its forms, procedures, or priorities, in accordance with section 271.21( a). In the event that the State is revising its program, the State shall prepare and submit modified revisions of the program description, Attorney General's Statement, Memorandum of Agreement, or such other documents as EPA determines to be necessary, as required by section 271.21( b)( 1).

If an approved State is proposing to transfer all or any part of any program from the approved State agency to any other agency, EPA must be notified, including submission of revised organizational charts required under section 271.6( b), in accordance with section 271.21( c). A State must modify its program to comply with any Federal program changes which occur before final authorization is received, except for those changes that the State has already received authorization for, in accordance with section 271.21( f).

Section 271.21( e)( 2)( ii) requires that for Federal program changes occurring on or after July 1, 1984, the State program must be modified by July 1 of each year to reflect all changes to the Federal program occurring during the 12 months preceding the previous July 1. Section 271.21( e)( 2)( v) allows States an additional year to modify their programs for changes to the Federal program which necessitate a State statutory amendment. These deadlines may be extended by EPA up to six months in accordance with section 271.21( e)( 3) after a demonstration by the State that it has made a good faith effort to meet the deadline and that its legislative or rulemaking procedures render the State unable to do so. The State may receive, in accordance with section 271.21( g), a further extension from EPA if it has already received the extension under section 271.21( e)( 3). The State must submit a proposed timetable for the requisite regulatory and/ or statutory revisions. When the State program modification has been completed, the State has 30 days to submit a copy of the program change and a schedule indicating when the State intends to seek approval of the change, as required by section 271.21( e)( 4)( i).

In approving or disapproving of a State program, EPA must issue a public notice in the Federal Register and via the largest newspapers and by mailings to State Agencies and other interested parties, in accordance with section 271.21( b)( 3) and ( 4). If EPA receives an adverse comment within 60 days of the notice, EPA shall notify the State and publish in the Federal Register a notice withdrawing the proposed determination or responding to the comment and affirming or reversing the decision.

State Program Authorization: Withdrawal A State with a program approved under Part 271 Subpart A may voluntarily transfer program responsibilities required by Federal law to EPA by notifying EPA of the proposed transfer, including submission of a plan for the orderly transfer of all relevant program information not in the possession of EPA, as required by section 271.23( a)( 1). Within 60 days of receiving these materials, EPA must review and evaluate them and 3 1 RCRA Section 3006( g) also provides for interim authorization for requirements promulgated pursuant to HSWA. A State may receive interim authorization if its program is substantially equivalent to the Federal program. EPA does not expect to receive any applications for interim authorization, because States that need to amend their regulations for HSWA authorization will amend them in a manner that will allow them to qualify for final authorization. Interim authorization will be an unnecessary step. Thus, this ICR addresses only the information requirements necessary to obtain final authorization. identify any additional materials needed by EPA. At least 30 days before transfer is to occur, EPA must issue notice of the transfer in the Federal Register, newspapers, and mailings to all parties specified in section 271.23( a)( 3).

In accordance with section 271.23( b), EPA may order the commencement of withdrawal proceedings on his or her initiative or by a petition from an interested party. EPA must review and respond in writing to any petition to commence withdrawal proceedings. EPA's order commencing the withdrawal proceedings must set a date and a place for a public hearing and specify the applicable allegations against the State. Within 30 days, the State must prepare a written response admitting or denying such allegations, as required by section 271.23( b)( 1). EPA must review all applicable materials within 60 days of the Presiding Official's recommended decision and issue a decision. In the event that EPA concludes that the State has not administered the program in conformity with the regulations, the State is required to correct any deficiencies in the program identified by EPA and to file, with EPA and other interested parties, a statement certified by the State that appropriate actions have been taken, as required by section 271.23( b)( 8)( iv).

EPA may require a further showing in addition to the certified statement. Depending on whether the State takes appropriate action, EPA will issue a supplementary order either withdrawing or approving the State's program authority.

2. NEED FOR AND USE OF THE COLLECTION 2( a) NEED AND AUTHORITY FOR THE COLLECTION RCRA, as amended by HSWA, provides for authorization of State hazardous waste programs. To achieve final authorization, a State must demonstrate that its program meets the statutory tests embodied in the regulatory requirements for final authorization in 40 CFR Part 271, Subpart A. 1 These statutory tests or standards for State programs are:

State Program Authorization: Base Program Development ! They must be " equivalent" to the Federal program ( RCRA Section 3006( b));

! They may not impose any requirements " less stringent" than the Federal requirements ( RCRA Section 3009);

! They must be " consistent" with the Federal program and other authorized State programs ( RCRA Section 3006( b));

! They may, however, impose requirements which are " more stringent" than those imposed by Federal regulations ( RCRA Section 3009); and ! They must " provide adequate enforcement" of compliance with the program ( RCRA Section 7004( b)). 4 State Program Authorization: Base Program Public Participation and Submission ! They must follow specific procedures for public " notice and hearing" in the permitting process ( RCRA Section 7004( b)); and ! They must provide for the public availability of information " in substantially the same manner and to the same degree" as the Federal program ( RCRA Section 3006( f)).

State Program Authorization: Revision Applications ! They must follow strict deadlines in revising their programs, as required by section 271.21.

State Program Authorization: Withdrawal ! The information collected from the States during the application process for State authorization allows EPA to make a determination of whether the State program meets the statutory requirements listed above. If EPA determines that the State program does not meet these criteria, EPA may start procedures for withdrawing approval of the program, in accordance with section 271.23.

2( b) USE AND USERS OF DATA In order for a State to obtain final authorization for a State hazardous waste program, it must submit an official application to EPA for review. The State's application must address all provisions of the Federal program that were in effect one year prior to application submission ( see 40 CFR 271.21( e)). Therefore, it is important for any State initially applying for final authorization to adopt any Federal program change that occurred earlier than the date one year before its official application is submitted.

If the State also has equivalent authority for Federal program elements that became effective less than a year prior to the State's application, then the State's application may include demonstration of such authority so that EPA will also be able to confer authorization for those program elements. However, it is important to note that the State is not required to have a counterpart to any Federal provision that became effective during that time period in order to receive initial authorization, although the State will subsequently need to modify its program for such changes as part of the program revision process.

EPA will use the information submitted by the State in order to determine whether the State's program meets the statutory requirements for authorization. Specifically, EPA will:

! Determine the scope, structure, coverage, and processes of the State program;

! Determine whether the State has the capability to carry out the proposed program;

! Determine whether the State has existing authority ( both statutory and regulatory) that is equivalent to the Federal Subtitle C regulatory program addressing generator standards; transporter standards; and treatment, storage, or disposal facility ( TSDF) permitting requirements and procedures;

! Determine whether the State has identified existing deficiencies in its hazardous waste program and the means and schedule for correcting these deficiencies in order to become eligible for program authorization in a timely manner; and ! Negotiate the memorandum of Agreement ( MOA) between the State and EPA which delineates State and EPA responsibilities and coordination in program administration, enforcement and compliance monitoring, and facility permitting. 5 3. THE RESPONDENTS AND THE INFORMATION REQUESTED 3( a) RESPONDENTS The fifty ( 50) States and eight ( 8) territories of the United States ( States) will be affected by the authorization requirements discussed in this ICR.

3( b) INFORMATION REQUESTED State Program Authorization: Base Program Development ( a) Miscellaneous Program Elements Section 271.5( a) and ( c) describes the requirements for any State that is preparing a RCRA Subtitle C program under this part. Any State that seeks to administer a program must obtain a letter from the Governor requesting program approval and prepare copies of all applicable State statutes and regulations, pursuant to section 271.5( a)( 1) and ( 5), respectively. In addition, if the State's submission is materially changed during EPA review, the State will provide a revised version to EPA, as required by section 271.5( c).

( i) Data items:

! A letter from the Governor of the State requesting program approval;

! Copies of all applicable State statutes and regulations, including those governing State administrative procedures; and ! A revised submission in accordance with § 271.5( c), if the State's submission is materially changed during EPA review.

( ii) Respondent activities:

To comply with the requirements of section 271.5, States must perform the following activities:

! Read the regulations;

! Obtain a letter from the Governor requesting program approval, as required by § 271.5( a)( 1);

! Prepare copies of all applicable State statutes and regulations, including those governing State administrative procedures, as required by § 271.5( a)( 5); and ! Revise its submission, as required by § 271.5( c), in the event that the State's submission is materially changed during EPA review.

( b) Program Description Any State that seeks to administer a program under Part 271 Subpart A shall prepare a description of the program it proposes to administer in lieu of the Federal program under State law or under an interstate compact, as required by section 271.6.

( i) Data items: 6 The program description shall contain the following:

! A description in narrative form of the scope, structure, coverage, and processes of the State program;

! A description of the organization and structure of the State agency or agencies which will have responsibility for administering the program, including the information listed below:

 A description of the State agency staff who will carry out the State program, including the number, occupations, and general duties of the employees;  An itemization of the estimated costs of establishing and administering the program, including cost of the personnel, administrative support, and technical support; and  An itemization of the sources and amounts of funding, including an estimate of Federal grant money, identifying any restrictions or limitations upon this funding.

! A description of applicable State procedures, including permitting procedures and any State administrative or judicial review procedures;

! Copies of the permit form( s), application form( s), and reporting form( s) the State intends to employ in its program. The State need not provide copies of uniform national forms it intends to use, but should note its intention to use such forms;

! A complete description of the State's tracking and enforcement program;

! A description of the State manifest tracking system, and of the procedures the State will use to coordinate information with other approved State programs and the Federal program regarding interstate and international shipments;

! An estimate of the number of generators, transporters, and treatment, storage, and disposal facilities, and a brief description of the types of facilities and an indication of the permit status of these facilities; and ! If available, an estimate of the annual quantities of hazardous wastes generated within the State; transported into and out of the State; and stored, treated, or disposed of within the State: On site; and Off site.

( ii) Respondent activities:

To comply with the requirements of section 271.6, States must perform the following activities:

! Read the regulations; and ! Prepare a program description, as required by § 271.6.

( c) Attorney General's Statement Any State that seeks to administer a program under Part 271 Subpart A shall obtain a statement from the State Attorney General that the laws of the State provide adequate authority to carry out the program described under section 271.6 and to meet the requirements of this subpart, as required by section 271.7.

( i) Data items: 7 ! Attorney General's statement, including citations to the specific statutes, administrative regulations, and where appropriate, judicial decisions which demonstrate adequate authority.

( ii) Respondent activities:

To comply with the requirements of section 271.7, States must perform the following activities:

! Read the regulations; and ! Prepare a statement by the State Attorney General, as required by § 271.7.

( d) Memorandum of Agreement with EPA Any State that seeks to administer a program under Part 271 Subpart A shall prepare a Memorandum of Agreement ( MOA), as required by section 271.8.

( i) Data items:

MOA shall include the following terms:

! Provisions for EPA to forward to the State information obtained prior to program approval in notifications provided under section 3010( a) of RCRA and an agreement on procedures for the assignment of EPA identification numbers for new generators, transporters, treatment, storage, and disposal facilities;

! Provisions specifying the frequency and content of reports, documents, and other information which the State is required to submit to EPA;

! Provisions on the State's compliance monitoring and enforcement program, including:

 Coordination of compliance monitoring activities by the State and by EPA; and  Procedures to assure coordination of enforcement activities.

! Provisions allowing EPA to conduct compliance inspections of all generators, transporters, and HWM facilities in each year for which the State is operating under final authorization;

! Provisions for the prompt transfer from EPA to the State of pending permit applications and any other information relevant to program operation not already in the possession of the State;

! Provisions for transferring existing permits from EPA to the State for administration;

! Provisions specifying classes and categories of permit applications, draft permits, and proposed permits that the State will send to EPA for review, comment, and, where applicable, objection;

! When appropriate, provisions for joint processing of permits by the State and EPA, for facilities or activities which require permits from both EPA and the State under different programs;

! Provisions for the State to promptly forward to EPA copies of draft permits and permit applications for all major HWM facilities for review and comment. The State shall supply EPA copies of final permits for all major HWM facilities;

! Provisions for the State to review all permits issued under State law prior to the date of program 8 approval and modify or revoke and reissue them to require compliance with the requirements of this subpart;

! Provisions for modification of the MOA in accordance with this subpart; and ! Provisions to assure consistency between the MOA, the annual program grant, and the State/ EPA Agreement.

( ii) Respondent activities:

To comply with the requirements of section 271.8, States must perform the following activities:

! Read the regulations; and ! Prepare a MOA between the State and EPA, as required by § 271.8.

State Program Authorization: Base Program Public Participation and Submission ( a) Base Program Public Participation Public participation in the development and approval of a State program is required by section 271.20( a) and ( b). Prior to submitting an application to EPA for approval, a State must issue a public notice of its intent to seek program approval from EPA. The notice must be circulated in the State's largest newspapers and mailed to persons on the State agency mailing list and to any other persons whom the agency has reason to believe are interested, as required by section 271.20( a)( 1). The State must also provide for a comment period of not less than 30 days, as required by section 271.20( a)( 4). If sufficient public interest is shown or, alternatively, by prearrangement the State or EPA must hold a public hearing. If the proposed State program is substantially modified after the public comment period, the State will, prior to submittal, provide the opportunity for further public comment on those portions of the State's program which have been changed since the prior public notice, as required by section 271.20( b). The State will be required to review and modify its program as necessary based on the public comment period( s) and public hearing ( if applicable).

( i) Data items:

The public notice must:

! Indicate when and where the State's proposed submission may be reviewed by the public;

! Indicate the cost of obtaining a copy of the submission;

! Provide for a comment period of 30 days during which time interested members of the public may express their views on the proposed program;

! Provide that a public hearing will be held by the State or EPA if sufficient public interest is shown or, alternatively, schedule such a public hearing;

! Briefly outline the fundamental aspects of the State program; and ! Identify a person that an interested member of the public may contact with any questions.

( ii) Respondent activities: 9 To comply with the requirements of section 271.20( a) and ( b), States must perform the following activities:

! Read the regulations;

! Issue public notice, as required by § 271.20( a)( 1);

! Hold a public hearing if enough public interest is shown, as required by § 271.20( a)( 5);

! Receive, review, and respond to public comments, modifying the program if necessary based on the public comment period( s) including any public hearings, as required by § 271.20( b); and ! Provide an opportunity for further public comment in the event that the proposed State program is modified during or after the public comment period, as required by § 271.20( b).

( b) Base Program Submission After complying with the requirements of section 271.20( a) and ( b), the State shall prepare documentation of and a response to public comment, as required by section 217.20( c). The State shall submit, in accordance with section 271.5, a proposed program to EPA, as required by section 271.20( c). If the submission is materially changed because of EPA's review, the State must provide a revised submission, in accordance with section 271.5( c).

( i) Data items:

The program submission shall include:

! A letter from the Governor of the State requesting program approval, as required by § 271.5( a)( 1);

! Copies of all applicable State statutes and regulations, including those governing State administrative procedures, as required by § 271.5( a)( 5);

! A description of how the State intends to carry out its responsibilities under this subpart, as required by § 271.6;

! An Attorney General's statement, as required by § 271.7;

! A Memorandum of Agreement with EPA, as required by § 271.8;

! Documentation of Public Participation:

 Copies of all written comments received by the State, in accordance with § 271.20( c);  A transcript, recording, or summary of any public hearing which was held by the State, in accordance with § 271.20( c); and  A responsiveness summary which identifies the public participation activities conducted, describes the matters presented to the public, summarizes significant comments received, and responds to these comments.

! A revised submission in accordance with § 271.5( c), if the State's submission is materially changed during EPA review.

( ii) Respondent activities: 10 ! Read the regulations;

! Prepare documentation and response to public comment, as required by § 271.20( c);

! Submit a proposed program to EPA including materials as required by § 271.5, § 271.6, § 271.7, § 271.8, and § 271.20( c); and ! Submit a revised program to EPA, in accordance with § 271.5( c), if the State's submission is materially changed during EPA review.

State Program Authorization: Revision Applications Either EPA or the Approved State may initiate program revision. Program revision may be necessary when the controlling Federal or State statutory or regulatory authority is modified or supplemented. The State shall inform EPA of any proposed modifications to its basic statutory or regulatory authority, its forms, procedures, or priorities, in accordance with section 271.21( a). In the event that the State is revising its program, the State shall prepare and submit modified revisions of the program description, Attorney General's statement, Memorandum of Agreement, or such other documents as EPA determines to be necessary, as required by section 271.21( b)( 1).

If a State is proposing to transfer all or any part of any program from the approved State agency to any other agency, EPA must be notified, including submission of revised organizational charts required under section 271.6( b), in accordance with section 271.21( c). Further, whenever EPA has reason to believe that circumstances have changed with respect to a State program, EPA may request, and the State shall provide, a supplemental Attorney General's statement, program description, or such other documents or information as are necessary, in accordance with section 271.21( d).

Section 271.21( e) describes the maximum amount of time that the States have to revise their programs. Section 271.21( e)( 2)( ii) requires that for Federal program changes occurring on or after July 1, 1984, the State program must be modified by July 1 of each year to reflect all changes to the Federal program occurring during the 12 months preceding the previous July 1. Section 271.21( e)( 2)( v) allows States an additional year to modify their programs for changes to the Federal program which necessitate a State statutory amendment.

The deadlines mentioned in the above paragraph may be extended by EPA if a State demonstrates that it has made a good faith effort to meet the deadlines required by section 271.21( e)( 2)( i v) and that its legislative or rulemaking procedures render the State unable to do so. This extension is given in accordance with section 271.21( e)( 3) and may be for up to six months. Section 271.21( g) allows the State to receive a further extension if it has already received the extension in accordance with section 271.21( e)( 3). The State must submit a proposed timetable for the requisite regulatory and/ or statutory revisions. The extension may be granted for no more than one year after the deadline established by section 271.21( e)( 3), in accordance with section 271.21( g)( 1)( iii) and ( iv).

When the State program modification has been completed, the State has 30 days to submit a copy of the program change and a schedule indicating when the State intends to seek approval of the change, as required by section 271.21( e)( 4)( i). Within 60 days of the appropriate deadline, the State must submit to EPA the documentation described in section 271.21( b), in accordance with section 271.21( e)( 4)( ii).

( i) Data items:

! Notification to EPA of the State's proposed modifications to its basic statutory or regulatory authority, its forms, procedures, or priorities. 11 ! Revision of a State program shall include the following submission:

 A modified program description;  Attorney General's statement;  Memorandum of Agreement; or  Such other documents as EPA determines to be necessary under the circumstances.

! Notification to EPA by States with approved programs whenever they propose to transfer all or part of any program from the approved State agency to any other State agency, including submission of revised organizational charts required under § 271.6( b), in accordance with § 271.21( c).

! Demonstration that the State has made a good faith effort to meet the deadlines required by § 271.21( e)( 2)( i v) to receive an extension of up to six months, in accordance with § 271.21( e)( 3).

! A copy of the program change and a schedule indicating when the State intends to seek approval of the change.

! A proposed timetable for the requisite regulatory and/ or statutory revisions as long as the schedule does not exceed one year after the deadline established by § 271.21( e)( 3), in accordance with § 271.21( g)( 1)( iii).

( ii) Respondent activities:

! Read the regulations;

! Notify EPA of any proposed modifications, as required by § 271.21( a);

! Within 30 days of modification completion, prepare and submit to EPA a copy of the program change and a schedule indicating when the State intends to seek approval of the change, as required by § 271.21( e)( 4)( i); and ! Within 60 days of the appropriate deadline specified in § 271.21( e),( f), or ( g), prepare and submit modified revisions of the program description, Attorney General's statement, Memorandum of Agreement, or such other documents as EPA determines to be necessary, as required by § 271.21( b)( 1).

! If seeking an extension to a deadline specified in § 271.21( e)( 2)( i v), provide adequate demonstration that the State has made a good faith effort to meet the deadline and that its legislative or rulemaking procedures render the State unable to do so, in accordance with § 271.21( e)( 3).

! If seeking an additional extension in cases where the State cannot meet the extension granted under § 271.21( e)( 3), prepare and submit a proposed timetable for the requisite regulatory and/ or statutory revisions, in accordance with § 271.21( g)( 1)( iii).

! If proposing to transfer all or part of any program from the approved State agency to any other agency, notify EPA, including submission of revised organizational charts required under § 271.6( b), in accordance with § 271.21( c).

State Program Authorization: Withdrawal 12 A State with a program approved under this part may voluntarily transfer program responsibilities required by Federal law to EPA by notifying EPA of the proposed transfer, including submission of a plan for the orderly transfer of all relevant program information not in the possession of EPA, as required by section 271.23( a)( 1). In the event that EPA has commenced proceedings on its own or in response to allegations that the State failed to comply with the requirements of section 271.22, the State must prepare a written response admitting or denying such allegations, as required by section 271.23( b)( 1).

In the event that EPA concludes that the State has not administered the program in conformity with the Act or regulations, the State is required to correct any deficiencies in the program identified by EPA and to file, with EPA and all parties, a statement certified by the State that appropriate corrective actions have been taken, as required by section 271.23( b)( 8)( iv). EPA also may require a further showing in addition to the certified statement that corrective action has been taken, pursuant to section 271.23( b)( 8)( v).

( i) Data items:

! Notification of the proposed transfer, including submission of a plan for the orderly transfer of all relevant program information not in the possession of EPA.

! Written response, in the event that EPA has commenced proceedings, to allegations that the State failed to comply with the requirements of § 271.22.

! Corrections to the State program, if applicable.

! A statement certified by the State that appropriate actions have been taken, if applicable.

! A further showing, if applicable.

( ii) Respondent activities:

! Read the regulations;

! If voluntarily transferring program responsibilities to EPA, notify EPA of the proposed transfer of the program, as required by § 271.23( a)( 1); and ! Prepare and submit a plan for the transfer of program responsibilities, as required by § 271.23( a)( 1).

! If EPA commences proceedings on its own or in response to allegations, respond and submit a written response to the allegations, as required by § 271.23( b)( 1);

! Correct any deficiencies to the State program and file with EPA and all parties a statement certified by the State that appropriate actions have been taken, as required by § 271.23( b)( 8)( iv); and ! Prepare and submit a further showing if requested by EPA, as required by § 271.23( b)( 8)( v).

4. THE INFORMATION COLLECTED  AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT 4( a) AGENCY ACTIVITIES 13 State Program Authorization: Base Program Development The only Agency activity associated with the development of a State program is contributing to the preparation of a Memorandum of Agreement between the State and EPA. This includes review, negotiation, and agreement of the provisions included in the MOA.

State Program Authorization: Base Program Public Participation and Submission ( a) Base Program Public Participation The Agency activity associated with public participation and submission involves holding a public hearing, if there is sufficient public interest, to receive public comment on the proposed State plan. This public hearing may be held by either the State or EPA.

( b) Base Program Submission Agency activities associated with the submission of a State program include:

! Determine and notify the State within 30 days of State program submission, whether the submission is complete, in accordance with section 271.5( b);

! Review the program;

! Issue a public notice in the Federal Register of the tentative determination of authorization, as required by section 271.21( d);

! Hold a public hearing, as required by section 271.20( d)( 1);

! Receive and review public comments for 30 days after issuing the notice; and ! Issue a final determination of authorization in the Federal Register, taking into account any comments submitted, including a statement of the reasons for this determination, and a response to significant comments received, as required by section 271.20( e).

State Program Authorization: Revision Applications Agency activities associated with submission of a program revision by an approved State include:

! Grant extensions of deadlines for States submitting their revised programs, if applicable, in accordance with sections 271.21( e)( 3) and 271.21( g)( 1);

! Review the program revisions and make a tentative determination of approval or disapproval, as required by section 271.21( b)( 2);

! Issue a public notice of EPA's determination in the Federal Register, largest newspapers, and mailings, as required by section 271.21( b)( 3);

! Receive and review public comments; and ! Issue a public notice of EPA's final determination in the Federal Register, in accordance with section 271.21( b)( 4). 14 State Program Authorization: Withdrawal The following agency activities are associated with the procedures for withdrawing approval of a State program, as provided by section 271.23:

! If a State with a program approved under Part 271 voluntarily transfers program responsibilities required by Federal law to EPA, review and evaluate the State's transfer plan, identifying any additional information needed or deficiencies in the plan, as required by section 271.23( a)( 2); and ! Issue a public notice of the proposed transfer in the Federal Register, largest newspapers, and mailings, in accordance with section 271.23( a)( 3).

! If EPA receives a petition to commence withdrawal proceedings, review and respond in writing to the petition, investigating, if necessary, its allegations, as required by section 271.23( b)( 1);

! If EPA commences withdrawal proceedings on its own or in response to a petition, issue an Administrator's order, fixing a time and a place for a hearing and specifying allegations against the State, as required by section 271.23( b)( 1);

! Review the record of the hearing held under section 271.23( b)( 1) and issue a decision, in accordance with section 271.23( b)( 8)( i);

! If EPA concludes the State has not administered the program in conformity with the Act and regulations, list the deficiencies in the program and provide the State a reasonable amount of time to correct them, as required by section 271.23( b)( 8)( iii); and ! Issue a supplementary order either withdrawing or approving the State's program authority, as required by section 271.23( b)( 8)( iv).

4( b) COLLECTION METHODOLOGY AND MANAGEMENT EPA has taken a number of actions to minimize the information burden on States and the subsequent work burden on EPA. EPA has provided States with authorization guidance manuals and training on their use, has simplified regulatory requirements for authorization, provides an Internet web site to distribute electronic copies of authorization aids, and maintains a cooperative attitude.

EPA regulations requiring States to modify their programs prior to certain deadlines ( § 271.21( e)( 2)) have been modified over time to improve the efficiency of program submittals and to reduce the information burden. States may submit only one application per year ( for non HSWA revisions) covering all Federal program changes that occurred during the previous year. These are referred to as annual program " clusters." HSWA provisions are grouped into two multi year clusters, one covering HSWA regulations promulgated between November 8, 1984 and June 30, 1987, and the second covering HSWA regulations from July 1, 1987, to June 30, 1990. Starting July 1, 1990, both HSWA and non HSWA Federal program changes will be included in annual program clusters.

4( c) SMALL ENTITY FLEXIBILITY No small organizations are affected by the 40 CFR Part 271 information requirements. The information burden rests solely on those States seeking authorization of their hazardous waste programs.

4( d) COLLECTION SCHEDULE 15 EPA has amended the requirements for revisions of authorized State hazardous waste programs to provide for less frequent submission of authorization applications for program revisions. Clustering Federal program changes on an annual basis ( or multi year basis for HSWA) allows States to amend their regulations and submit applications annually, rather than in a more frequent piecemeal fashion.

State Program Authorization: Revision Applications The schedule for revising State programs to comply with changes in Federal programs is described in section 271.21. Within this section there is flexibility to receive extensions for complying with the proposed time schedule. The following deadlines apply to the process of program revision:

! For Federal program changes occurring on or after July 1, 1984, the State program must be modified by July 1 of each year to reflect all changes to the Federal program occurring during the 12 months preceding the previous July 1.

! The deadlines may be extended by EPA upon demonstration by a State that it has made a good faith effort to meet these deadlines. This extension shall not exceed six ( 6) months.

! Within 30 days of the completion of the State program modification the State must submit to EPA a copy of the program change and a schedule indicating when the State intends to seek approval of the change.

! Within 60 days of the appropriate deadlines, the State must submit to EPA the documentation described in section 271.21( b).

! If a State is unable to modify their programs by the deadlines they may receive an extension of up to one year from the extended program modification.

State Program Authorization: Withdrawal Withdrawal of an approved State program may be initiated by the State or by EPA on their own initiative or in response to a petition that alleges the State failed to comply with the requirements, in accordance with section 271.23. The following deadlines apply to the process of program withdrawal:

! A State with an approved program may voluntarily transfer program responsibilities. In this case, the State shall give EPA 180 days notice of the proposed transfer and shall submit a plan for the orderly transfer of all relevant program information.

! Withdrawal proceedings initiated by EPA require the State to prepare and submit a written response to allegations within 30 days of EPA specifying the allegations.

! If EPA concludes that the State program is deficient, the State has 90 days to take appropriate corrective action as required by EPA.

5. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA 5( a) NONDUPLICATION No other Federal agency collects State hazardous waste program information  State authorization for 16 hazardous waste management programs is a responsibility of EPA. EPA has noted, however, that States seeking a program revision may meet this information requirement by simply updating and amending their previously submitted final authorization program packages to address changes in program scope, available resources, permit administration and enforcement activities, the legislative base for the program modification, and any amendments made to the States regulations since the State received final authorization. Also, 40 CFR Part 271 requires no duplication of effort at the State level, for all previously submitted data or legislative information can be incorporated by reference into the application package. All information and data compiled and reported as elements of a State's annual RCRA grant application may also be used in the authorization application process. This information may be incorporated by reference or simply copied and included as appendices to the State authorization submittal.

5( b) CONSULTATIONS EPA made every effort to consult with the general public, State and industry officials, and appropriate Federal agencies during the development of the requirements for authorization of State hazardous waste management programs. This effort started in November 1976, immediately after RCRA was enacted and well before the first regulations were published for comment. As a result of comments received on the proposed rule, EPA made a number of modifications to its original regulations which reduce the information burden imposed on the public. Public meetings were also held before and after the final 40 CFR Part 271 regulations were published to brief State officials and the public on the final regulations.

The regulations have been amended several times since they were first promulgated. In each case, the regulatory amendments were promulgated using proper rulemaking procedures. Also, informal ongoing discussions and authorization workshops with the States have resulted in changes to the regulations which have made the information collection process less burdensome to the States. In addition to individual interactions with States, an association of State hazardous waste program directors ( the Association of State and Territorial Solid Waste Management Officials) was party to the development of the rulemakings through workgroup participation.

5( c) EFFECTS OF LESS FREQUENT COLLECTION EPA has amended the requirements for revisions of authorized State hazardous waste programs to provide for less frequent submission of authorization applications for program revisions. Clustering Federal program changes on an annual basis ( or multi year basis for HSWA) allows States to amend their regulations and submit applications annually, rather than in a more frequent piecemeal fashion. In addition, EPA has provided a streamlined procedure for minor or routine rules. This procedure decreases the requirement for Attorney Generals statements, Program Descriptions and the Memorandum of Agreement. Minor or routine rules encompass those RCRA program revisions which do not increase the scope or authority of the State program, and include technical corrections, and additions to rules previously authorized( e. g waste listings).

5( d) GENERAL GUIDELINES The Federal requirements governing the content of State final authorization applications are contained in 40 CFR 271 Subpart A. A State's initial application for final authorization must contain the following elements as required by § 271.5( a):

( 1) Governor's Letter requesting approval of the State program;

( 2) Program Description explaining the program the State proposes to administer together with any forms to be used to administer the program under State law;

( 3) Statement from the State Attorney General ( or the attorney for those State agencies which have independent legal counsel) declaring that the laws of the State do provide adequate authority to 17 carry out the program the State proposes to administer;

( 4) Memorandum of Agreement providing for coordination and cooperation between the State and EPA regarding the administration and enforcement of the authorized State regulatory program as part of the national hazardous waste management program;

( 5) Copies of all applicable State statutes and regulations including those governing State administrative procedures; and ( 6) Documentation of public participation activities ( i. e., notice and opportunities for comment on the State program prior to submission of the application to EPA).

Once authorized, a State is obligated to maintain equivalence to the Federal program in order to retain its authorization ( 40 CFR 271.21( e)). As EPA amends the Federal RCRA program, States with final authorization must similarly revise their programs and apply for authorization for those revisions. The documentation required for program revisions have been significantly reduced through improved standardized models, but will vary, depending on the scope of the State modifications and previously submitted application materials.

5( e) CONFIDENTIALITY This section is not applicable, since no confidential information is required to be submitted by the States. All information collected under 40 CFR Part 271 from respondent States is made available to the general public through public notice and hearings. The authorization applications are available to be viewed at any time in the State or EPA program office.

5( f) SENSITIVE QUESTIONS Information required of States seeking final authorization or program revisions under 40 CFR Part 271 will not involve questions of a sensitive nature.

6. ESTIMATING THE BURDEN AND COST OF COLLECTION 6( a) ESTIMATING RESPONDENT BURDEN EPA estimates respondent burden hours associated with all of the requirements covered in this ICR in Exhibits 1 4. Each exhibit represents a specific stage of the State authorization process and shows the associated respondent burden hours and costs required to comply with information collection requirements in Section 271 Subpart A during the period FY ` 02 04. The State Program Authorization stages presented in the exhibits include:

! State Program Authorization: Base Program Development ( Exhibit 1)

! State Program Authorization: Base Program Public Participation and Submission ( Exhibit 2)

! State Program Authorization: Revision Applications ( Exhibit 3)

! State Program Authorization: Withdrawal ( Exhibit 4)

6( b) ESTIMATING RESPONDENT COSTS In deriving respondent costs, EPA used State salaries from the previously approved ICR and increased the hourly rates by 13.7% to account for inflation. EPA used the Bureau of Labor Statistics Employment Cost Index for state and local government workers ending September 2001 and averaged the annual inflation index over the 18 past four years. EPA estimates an average hourly salary rate of $ 43.95 for State legal staff, $ 37.46 for State managerial staff, $ 33.18 for State technical staff, and $ 14.61 for State clerical staff, and an average overhead factor of 1.625. From these estimates, EPA calculates an average hourly State labor cost of $ 71.42, $ 60.87, $ 53.92, and $ 40.22 for legal, managerial, technical, and clerical staff, respectively. Exhibit 5 presents the estimated aggregate annual respondent burden and costs. Each exhibit and any assumptions made in calculating burden hours and costs are discussed below. Note that there are no capital equipment or operating and maintenance costs associated with this ICR.

State Program Authorization: Base Program Development EPA expects that there will be no base program developments during FY ' 02 04. Therefore, there are no respondent burden hours or cost associated with this activity.

State Program Authorization: Base Program Public Participation and Submission Exhibit 2 presents the estimated annual respondent burden hours and costs incurred during the public participation and submission stage of State authorization programs. EPA expects that there will be no base program developments during FY ' 02 04. Therefore, there are no respondent burden hours or cost associated with this activity.

State Program Authorization: Revision Applications Exhibit 3 presents the estimated respondent burden hours and costs incurred during the revision stage of State authorization programs. EPA expects that a total of 18 approved States will submit one program revision annually during FY ' 02 04. This assumption is based on the current trend.

The total respondent burden during the revision stage is approximately 19,968 hours per year, at an annual cost of $ 1,097,072. A primary reason for the reduction of respondents burden hours is due to an anticipated decrease in the number of rules that will require State program revisions and significant improvements in reducing the documentary requirements that States must provide to establish program equivalency.

State Program Authorization: Withdrawal Exhibit 4 presents the estimated annual respondent burden hours and costs incurred for the withdrawal of State programs. EPA expects that there will be no program withdrawals during FY' 02 04. There are therefore no respondent burden hours or costs associated with this activity.

6( c) ESTIMATING AGENCY BURDEN AND COSTS EPA estimates annual Agency burden hours and costs associated with all of the requirements covered in this ICR in Exhibit 6. Exhibit 6 presents the specific stages of the State authorization process  Base Program Development, Base Program Public Participation and Submission, Revision Applications, and Withdrawal  and associated respondent burden hours and costs required to conduct information collection activities during the period FY ' 02 04.

EPA believes that EPA Regional Offices, not Headquarters, will be primarily responsible for carrying out Agency activities under Part 271. EPA estimates an average hourly Regional labor cost of $ 61.10 for legal staff, $ 57.15 for managerial staff, $ 41.90 for technical staff, and $ 16.83 for clerical staff. To derive these estimates, EPA used the General Schedule ( GS) Salary Table 2001 to estimate annual compensation of Regional managerial, 19 2 For purposes of analysis, the exhibits in this ICR have annualized the respondent burden and its associated costs over three years. technical, and clerical staff. For the purposes of this ICR, EPA assigned Regional staff the following government service levels:

! Legal Staff GS 15, Step 1 ! Managerial staff GS 14, Step 4 ! Technical staff GS 12, Step 5 ! Clerical staff GS 05, Step 1 To derive hourly rates, EPA divided annual compensation estimates by 2,080, which is the number of hours in the Federal work year. EPA then multiplied hourly rates by the standard government overhead factor of 1.6.

6( d) BOTTOM LINE BURDEN HOURS AND COSTS Exhibits 5 and 7 present the aggregate estimated annual burden and cost to respondents and EPA, respectively. The bottom line burden to respondents is 19,968 hours per year, at a cost of approximately $ 1,097,072. The bottom line burden to the Agency is 7,308 hours per year, with a cost of approximately $ 321,583. The estimated labor hours and associated costs resulting from information requirements are consistent with information obtained from State and EPA personnel contacts who have worked on developing or reviewing program submissions to EPA.

6( e) Reasons for Change in Burden The reason for the change in burden is due primarily to documentary and process improvements that will take effect during this ICR period. The model documentation for revising the Attorney General's Statement element of the revision package has been significantly restructured to reduce the time and effort required to produce and review this document. The burden savings will be seen both at the State and Agency levels. In addition, there is expected to be no Base Authorization or program withdrawal activity during the period of this collection request.

6( f) BURDEN STATEMENT For a State developing and revising a base program under RCRA and conducting public participation activities, EPA estimates that the reporting burden, with no associated recordkeeping burden, averages 0 hours per respondent. EPA does not expect any States to develop a program application or to submit a base program application over the three year period covered in this ICR. The reporting burden includes the time for developing each program component, allowing for public approval, and subsequently modifying and submitting the program to EPA. For a State submitting a revised program to EPA, the reporting burden is estimated to be 1009 hours per year, with no associated recordkeeping burden. For a State whose program is being withdrawn, the reporting burden is estimated to average 207 hours, with no associated recordkeeping burden. EPA, however, does not expect that any State program will be withdrawn during FY' 02 04.2 Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a 20 collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15.

Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, Collection Strategies Division, U. S. Environmental Protection Agency ( 2822T), 1200 Pennsylvania Ave., NW, Washington, D. C. 20460; and to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Officer for EPA. Include the EPA ICR number and OMB control number in any correspondence.


BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

Joint Application of

DELTA AIR LINES, INC.,

ATLANTIC SOUTHEAST AIRLINES, INC.

and COMAIR, INC.

   and

ALITALIA-LINEE AEREE ITALIANE-S.p.A.,

ALITALIA TEAM S.p.A.,

ALITALIA EXPRESS S.p.A.

and EUROFLY S.p.A.

for blanket statements of authorization

pursuant to 14 C.F.R. Part 212

(U.S.-Italy open skies codesharing)	)

)

)

)

)

)

)

)

))))

)

)

Docket OST-2001-10417

NOTICE OF DELTA AIR LINES, INC.,

ATLANTIC SOUTHEAST AIRLINES, INC., COMAIR, INC.

 AND ALITALIA-LINEE AEREE ITALIANE-S.p.A.

December 14, 2001

Communications with respect to this document should be sent to:

Richard D. Mathias

ZUCKERT, SCOUTT &

  RASENBERGER, L.L.P.

888 Seventeenth Street, N.W.

Suite 600

Washington, D.C.  20006-3309

(202) 298-8660

Counsel for

ALITALIA-LINEE AEREE

  ITALIANE-S.p.A.,

ALITALIA TEAM S.p.A.,

ALITALIA EXPRESS S.p.A.

and EUROFLY S.p.A.	D. Scott Yohe

Senior Vice President -

  Government Affairs

DELTA AIR LINES, INC.

1275 K Street, N.W.

Washington, D.C.  20005

(202) 216-0700

John Varley

Assistant General Counsel

James A. Coblin

Attorney

DELTA AIR LINES, INC.

Law Department #981

1030 Delta Boulevard

Atlanta, GA  30320

(404) 715-2872

	Robert E. Cohn

Alexander Van der Bellen

Shaw Pittman LLP

2300 N Street, N.W.

Washington, D.C.  20037-1128

(202) 663-8060

Counsel for

DELTA AIR LINES, INC.,

ATLANTIC SOUTHEAST

  AIRLINES, INC.,

and COMAIR, INC.

BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

December 14, 2001

Joint Application of

DELTA AIR LINES, INC.,

ATLANTIC SOUTHEAST AIRLINES, INC.

and COMAIR, INC.

   and

ALITALIA-LINEE AEREE ITALIANE-S.p.A.,

ALITALIA TEAM S.p.A.,

ALITALIA EXPRESS S.p.A.

and EUROFLY S.p.A.

for blanket statements of authorization

pursuant to 14 C.F.R. Part 212

(U.S.-Italy open skies codesharing)	)

)

)

)

)

)

)

)

))))

)

)

Docket OST-2001-10417

NOTICE OF DELTA AIR LINES, INC.,

ATLANTIC SOUTHEAST AIRLINES, INC., COMAIR, INC.

 AND ALITALIA-LINEE AEREE ITALIANE-S.p.A.

Pursuant to the blanket statements of authorization approved by Department Action on Application in Docket OST-2001-10417 dated

October 26, 2001, Delta Air Lines, Inc. (“Delta”), Atlantic Southeast Airlines, Inc. (“ASA”) , Comair, Inc. (“Comair”) and Alitalia-Linee Aeree Italiane-S.p.A. (“Alitalia”) hereby notify the Department that, beginning on or about January 13, 2002, the carriers plan to offer connecting codeshare service displaying Alitalia’s “AZ” designator code on Delta/Delta Connection flights to additional U.S. points, as identified in the attached Exhibit.  In addition, Comair and Alitalia plan to utilize Alitalia’s U.S. gateway of Atlanta to offer alternative routings to the previously authorized connecting service points listed in

Exhibit A to the Joint Application dated August 14, 2001.

The initial planned operating carriers for the Delta/Delta Connection services are specified in the attached Exhibit; however, the Joint Applicants request the flexibility to shift services between Delta Mainline and Delta Connection carrier equipment for these and all other previously-noticed points, consistent with the blanket statement of authorization held by each carrier.

Respectfully submitted,

/s/ Richard D. Mathias

_______________________________

Richard D. Mathias

ZUCKERT, SCOUTT &

  RASENBERGER, L.L.P.

888 Seventeenth Street, N.W.

Suite 600

Washington, D.C.  20006-3309

(202) 298-8660

Counsel for

ALITALIA-LINEE AEREE

  ITALIANE-S.p.A.

/s/ A. Van der Bellen

______________________________

Robert E. Cohn

Alexander Van der Bellen

Shaw Pittman LLP

2300 N Street, N.W.

Washington, D.C.  20037-1128

(202) 663-8060

Counsel for

DELTA AIR LINES, INC.,

ATLANTIC SOUTHEAST

  AIRLINES, INC. AND

COMAIR, INC.

ALITALIA’S “AZ” DESIGNATOR CODE ON ADDITIONAL DELTA/DELTA CONNECTION FLIGHTS

Delta-operated connecting flights between

U.S. Gateways	and	Points in the United States

Atlanta (ATL)		Fort Walton Beach (VPS)

Boston (BOS)

New York (JFK)

ASA-operated connecting flights between

U.S. Gateways	and 	Points in the United States

Atlanta (ATL)		Greenville (GSP)

New York (JFK)		Lexington (LEX)

Louisville (SDF)

Mobile (MOB)

Shreveport (SHV)

Comair-operated connecting flights between

U.S. Gateways	and 	Points in the United States

Atlanta (ATL)		Allentown (ABE)

Boston (BOS)

Chicago (ORD)

Miami (MIA)

Newark (EWR)

New York (JFK)

Footnote continued from previous page

Footnote continued on next page

Notice of Delta and Alitalia

Page   PAGE  2

Exhibit