[Federal Register Volume 80, Number 239 (Monday, December 14, 2015)]
[Proposed Rules]
[Pages 77284-77289]
[FR Doc No: 2015-31050]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 7 and 9

[EPA-HQ-OA-2013-0031, FRL-9933-69-OA]
RIN 2090-AA39

Nondiscrimination in Programs or Activities Receiving Federal
Assistance from the Environmental Protection Agency

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) proposes to amend
its regulations with regard to compliance information, post-award
compliance reviews, and complaint investigations. This proposed rule
will improve the EPA's ability to ensure that recipients of federal
financial assistance comply with their affirmative obligation under the
Civil Rights Act of 1965 and other nondiscrimination statutes not to
discriminate, while also ensuring that the EPA has sufficient
flexibility and discretion to carry out its nondiscrimination
compliance work.

DATES: Comments must be received on or before February 12, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OA-
2013-0031, to the Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e. on the web, cloud, or other file sharing system). For
additional submission methods, the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Jeryl Covington or Helena Wooden-
Aguilar, U.S. Environmental Protection Agency, Office of Civil Rights,
(Mail Code 1201A), 1200 Pennsylvania Ave. NW., Washington, D,C. 20460,
telephone<PHONE_NUMBER>,<PHONE_NUMBER> or<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background Information

    The EPA is proposing to amend its regulations implementing title VI
of the Civil Rights Act of 1964 (``Title VI''), section 504 of the
Rehabilitation Act of 1973 (``Section 504''), section 13 of the Federal
Water Pollution Control Act Amendments of 1972 (Pub. L. 92-500), and
the Age Discrimination Act of 1975 (``Age Discrimination Act'') in
order to enable it to create a model civil rights program which can
nimbly and effectively enforce civil rights statutes in the
environmental context. Together, these statutes prohibit discrimination
on the basis of race, color, national origin, (including discrimination
based on language ability or limited English proficiency), disability,
sex, and age in programs or activities that receive federal financial
assistance. This rulemaking proposes to amend subpart D (Requirements
for Applicants and Recipients) and subpart E (Agency Compliance
Procedures) provisions regarding compliance information, post-award
compliance reviews, and complaint investigations. This rulemaking also
proposes to make a technical correction to subpart D to

remove citations to expired Office of Management and Budget (OMB)
control numbers and to place the current OMB control number for
information collection requests under 40 CFR part 7 in the consolidated
list of OMB approvals under the Paperwork Reduction Act in 40 CFR part
9.
    Applicants for and recipients of EPA assistance already are
obligated to comply with Title VI and other nondiscrimination statutes
as a condition of receiving EPA assistance. This proposed rule is
consistent with the broad discretion that, as recognized by the Supreme
Court, has been afforded all federal agencies with regard to the
enforcement of federal nondiscrimination obligations,\1\ and is part of
a package of efforts intended to improve EPA's civil rights program.
One effort, for example, is the draft External Compliance and
Complaints Program Strategic Plan, which was published for comment on
September 10, 2015 (http://www.epa.gov/ocr/external-compliance-title-vi-new-developments). This package, as a whole, will increase
transparency and accountability and move EPA closer to its goal of
establishing a model civil rights program. This proposed rule--another
part of the package--will assist the EPA in continuing to be more
proactive in monitoring and enforcing recipients' compliance with Title
VI and other nondiscrimination statutes.
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    \1\ See Alexander v. Choate, 469 U.S. 287, 293-294 (1985); FCC
v. Pottsville Broadcasting Co., 309 U.S. 134 (1940).
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    The EPA has sought to improve its External Compliance and
Complaints Program. In 2009, EPA made a commitment to strengthen and
revitalize EPA's civil rights program. In addition to increasing staff,
securing additional training and improving processes, as part of that
effort, in 2010, EPA funded an independent in-depth evaluation of its
civil rights program by the firm Deloitte Consulting LLP. Following
receipt of the evaluation, the Administrator established an internal
Civil Rights Executive Committee to review Deloitte's evaluation, and
other sources of information, and make recommendations for building a
model civil rights program for EPA. The Executive Committee posted its
draft report for public review in February 2012, and the Administrator
approved the final report and recommendations on April 13, 2012.
    One of the Executive Committee's recommendations was for the EPA to
be more proactive in terms of achieving compliance with Title VI and
other nondiscrimination obligations by, in part, analyzing data and
information obtained from recipients and developing consistent
processes. Accordingly, as part of its efforts to create a robust pre-
and post- award compliance program (as identified in the EPA Draft EJ
2014 Plan Supplement dated April 12, 2012), the EPA began the process
of reevaluating its regulations to identify what data and information
it currently obtains from recipients. The EPA first looked to other
federal agencies for their best practices in terms of an External
Compliance and Complaints Program. Specifically, the EPA evaluated its
External Compliance and Complaints Program by comparing its Title VI
and other nondiscrimination regulations to those of over twenty other
federal agencies. The EPA found that the other agencies' regulations
were the same or extremely similar, while the EPA's regulations were
different. Many of these other agencies have successful external
compliance programs because, in part, their regulations provide for a
robust compliance program, (including routine access to recipient data
through compliance reports and compliance reviews), and explicitly
affirm the agency's discretion to appropriately tailor complaint
resolution paths based on the nature and complexity of the allegations
presented. While some aspects of EPA's External Compliance and
Complaints Program will continue to have unique characteristics that
are tailored to EPA's needs, the EPA, recipients, complainants, and
industry will benefit from the predictability, consistency and
familiarity arising from this effort to conform these aspects of the
EPA's regulations with regulations promulgated by other federal
agencies with a record of proven success and with the Department of
Justice's Coordination Regulations at 28 CFR part 42, subpart F. Thus,
this proposed rule will give the EPA a similar level of flexibility and
discretion as is afforded to other federal agencies when collecting
compliance information, conducting post-award compliance reviews, and
investigating complaints.
    Finally, these amendments recognize that the EPA's current, self-
imposed regulatory deadlines are impracticable given the inherent
scientific complexity associated with determining which and how
populations are impacted by environmental pollutants; the number of
discrimination allegations and theories that may be asserted in any one
complaint under Title VI or the other nondiscrimination statutes; and
the volume of the complaints received. Indeed, there are several
examples of the analytical and logistical complexity of discrimination
complaints historically filed with the EPA on its Web site. For
instance, in one case alleging disparate health impacts, the EPA
developed a pesticide exposure analysis to predict daily air
concentrations of a specific pesticide at different distances from an
application site, based on information concerning the amount of the
pesticide applied during a seven-year period. In order to conduct such
an analysis, the EPA had to gather and enter the available raw data
into a database and then have the appropriate scientific models created
that took into account several factors including, time of day,
location, wind speed, proximity and temperature. Next, this analysis
was peer reviewed before the EPA was ultimately able to resolve the
complaint. The EPA recognizes that not every administrative complaint
will require this same level of scientific analysis to determine who is
potentially exposed to a particular pollutant. Also, the EPA recognizes
that there may be several potential resolution paths, including
informal resolution and Alternative Dispute Resolution, even for those
cases raising disparate health claims, which the EPA will pursue, when
appropriate. By eliminating arbitrary deadlines, the EPA will be better
positioned to strategically manage its administrative complaint docket
by identifying the specific aspects of individual complaints, such as
complaints that present the potential for high-impact resolution.
Further, the EPA will be able to explore the best resolution option for
those complaints, including tailored goals and benchmarks for specific
phases of the individual case, rather than a cookie-cutter approach
that assumes all cases should follow the same approach, resolution
strategy, and timeframes. Tailoring the appropriate resolution path to
each complaint based on the unique factual pattern and legal issues
presented, will further allow the EPA to dedicate the appropriate
amount of time and resources to resolve each individual complaint.
    It is important to note that even with the elimination of the
arbitrary deadlines, the EPA must promptly process and investigate
complaints. Removal of deadlines will not allow the EPA to unreasonably
delay its resolution of complaints because, in part, the definition of
a prompt investigation and resolution turns on the factual context of
the complaint. Indeed, the language in the proposed rule is subject to
judicial review and is consistent with judicial precedent that
recognizes that any investigatory timeframe may be affected by the

breadth and complexity of the issues in the complaint.
    Thus, based on the entire proposed regulatory amendments that will
conform the EPA's regulations to those of more than twenty other
federal agencies, the EPA will take another step in its journey to
continue to create a model Civil Rights Program. In light of the
flexibility, discretion, and accountability for individual cases
affirmed by this proposed rule, the EPA will be better able to
strategically implement its external civil rights enforcement program
to ensure prompt, effective and efficient complaint docket management
and to enhance its proactive compliance program.
    The EPA is subject to the Department of Justice's Coordination
Regulations describing specific implementation, compliance, and
enforcement obligations of federal funding agencies under Title VI and
similar provisions in federal grant statutes. See 28 CFR 42.401 through
42.415. In accordance with 28 CFR 42.403, the EPA submitted this
proposed rule to the Assistant Attorney General, Civil Rights Division,
Department of Justice, and received her approval. The final rule will
be submitted to the Attorney General through the Assistant Attorney
General for final approval pursuant to 28 CFR 42.403(c)(3).

II. Overview of This Proposed Rulemaking

A. Sub-Part D: Compliance Information Requirements for Recipients of
EPA Financial Assistance

    The EPA proposes to amend Sec.  7.85(b) by deleting the following
text describing when additional information will be sought from
recipients--``where there is reason to believe that discrimination may
exist in a program or activity receiving EPA assistance.'' In this same
regulatory section, the EPA also proposes deleting ``and shall be
accompanied by a written statement summarizing the complaint or setting
forth the basis for the belief that discrimination may exist.'' These
changes reaffirm the agency's existing authority to use compliance
reviews to identify and resolve compliance concerns with recipients of
EPA financial assistance to prevent costly investigations and
litigation. Compliance reviews are an important part of the
implementation of all EPA programs and essential to the functioning of
comprehensive compliance and enforcement efforts. EPA will work with
states and other recipients of financial assistance to ensure that
compliance reviews are focused on a review of data and information that
is relevant to determining compliance. EPA solicits comments on how to
schedule and conduct compliance reviews in ways that minimize
unnecessary burdens to both EPA and the recipients.
    Further, the revised language is consistent with the regulatory
provisions of more than twenty other federal agencies with regard to
the routine collection of data and information from recipients. Several
of those federal agencies have successful compliance review programs
that have been well-established for many years, so the concept of
conducting compliance reviews is something with which EPA's external
stakeholders should already have a great deal of familiarity based on
engagement with those other federal agencies. In other words, this
proposed rule is not a significant change, as it affords the EPA the
same discretion and flexibility granted to those agencies in their
compliance reviews. Such routine collection is also considered a best
practice for Title VI programs as reflected in the Department of
Justice's Coordination Regulations, which require federal agencies to
``provide for the collection of data and information from applicants
for and recipients of federal assistance sufficient to permit effective
enforcement of Title VI,'' 28 CFR 42.406(a). Thus, this proposed rule
is intended to clarify the EPA's ability to access such information
under the current regulations, while providing the flexibility to
establish a successful compliance review program and improve the EPA's
External Compliance and Complaints Program. The EPA is requesting
comment on EPA's proposed modifications to its compliance review
regulations; especially its proposed phased-approach to conducting
compliance reviews that is discussed in the accompanying cost analysis.
    Additionally, this proposed rule gives the EPA discretion to
require recipients to submit compliance reports. This proposed rule
would, as demonstrated by the successful compliance report programs of
sister agencies, be an invaluable tool in prioritizing complaint
investigations, selecting recipients for compliance reviews, and
conducting targeted outreach to provide technical assistance.
Currently, Sec.  7.85 of the regulation imposes an obligation ``to
collect, maintain, and on request . . . provide'' specific information
to the EPA. Similarly, Sec.  7.115 notifies recipients that the EPA may
request ``data and information'' pertaining to any recipient's programs
or activities receiving EPA assistance. Consistent with Sec.  7.35,
recipients of EPA assistance are also responsible for collecting such
reports from any entity through which a recipient operates the program
and activity receiving EPA financial assistance, including sub-
recipients, licensees, or contractors. In other words, recipients
already have a regulatory obligation to collect and maintain relevant
information. With this proposed rule, recipients may be asked to submit
a report containing the relevant and current information. Adding this
proposed rule allows the EPA to more proactively enforce Title VI and
other nondiscrimination obligations. This proposed modification makes
clear that compliance reports would be required at such times and in
such form and containing such information as the EPA may determine to
be necessary to enable the EPA to ascertain whether the recipient has
complied or is complying with 40 CFR part 7. The proposed regulation,
however, does not identify or prescribe the exact content of such
reports. The EPA is requesting written comment on the content,
frequency and prioritization of which recipients will be expected to
submit compliance reports. During the notice and comment period, the
EPA will also engage stakeholders through listening sessions in order
to explore the compliance reports process and their content. At this
time, the EPA's estimate of the potential burden associated with
compliance with this proposed regulation is based on assumptions about
what type of information a recipient will be required to include in
such a report--from involving the compilation or gathering of pre-
existing information, including information specifically identified in
the current regulations and Standard Form 4700-4, to including
information related to public involvement, limited English proficiency,
or data and information demonstrating that the program or activity
receiving the EPA assistance complies with its nondiscrimination
obligations.
    The EPA understands that stakeholders may have questions about what
specific information should be contained in such reports. Accordingly,
the EPA may continue to request compliance reports related to
information gathering in the context of compliance reviews and
complaint investigations conducted under Sec. Sec.  7.110, 7.115, and
7.120. However, the EPA does not intend to request compliance reports,
unrelated to compliance reviews and complaint investigations, from
recipients any sooner than 90 days after it has drafted guidance about
such reports, sought

stakeholder input on the guidance, put the guidance out for notice and
comment, and finalized the guidance. This process will allow the EPA,
recipients, and other stakeholders to work collaboratively to improve
the EPA's External Compliance and Complaints Program.

B. Sub-Part E: Agency Compliance Procedures

1. Post-Award Compliance
    Under the current regulations, on-site reviews for post-award
compliance may occur when the Office of Civil Rights (OCR) ``has reason
to believe that discrimination may be occurring in such programs or
activities.'' For the reasons set forth above, the EPA proposes
amending 40 CFR 7.110(a) and 7.115(a), to affirm the OCR's flexibility
and discretion to structure how it conducts pre-award and post-award
compliance reviews. This modification is consistent with the Title VI
regulations of more than twenty other federal agencies.
    Additionally, the EPA proposes to remove the provision to provide
post-review notice to a recipient within 180 calendar days from the
start of a compliance review or complaint investigation pursuant to 40
CFR 7.115(c)(1). Instead of this calendar deadline, the EPA proposes to
conform to the regulations of over twenty other federal agencies that
state that complaints will be ``promptly'' investigated. The EPA
proposes to adopt this language because it has found that this self-
imposed, inflexible deadline is impracticable given the inherent
scientific complexity associated with determining which and how
populations are impacted by environmental pollutants; the number of
discrimination allegations and theories that may be asserted in any one
complaint under Title VI or the other nondiscrimination statutes; and
the volume of the complaints received. Without the burden of an
unrealistic, self-imposed deadline, the EPA will be in a better
position to improve the entire External Compliance and Complaints
Program, including the compliance review and reports efforts discussed
above. Even without this deadline, the EPA still must promptly
investigate complaints.
2. Complaint Investigations
    This proposed rule removes the introductory text of 40 CFR 7.120
concerning the investigation of ``all complaints'' and to adopt
language, substantially similar to the regulations of other federal
agencies, requiring investigation of complaints that ``indicate a
possible failure to comply.'' This change will allow the EPA to
prioritize and dedicate resources to complaints that--after an initial
review--reveal a possible failure to comply. Yet, the proposed rule
does not alter the reasons for rejecting or closing a complaint upon
which the EPA and other agencies have relied. Instead, the proposed
regulatory language clarifies the agency's discretion to pursue a path
to resolution in light of the particular facts of each case. The EPA
seeks to conform to the regulatory text of its sister agencies in order
to affirm that it will not seek to impose a one-size fits all approach
to resolution. In other words, the proposed rule is intended to reflect
that a path to resolution must be tailored to the specific facts of the
case and such a path may not be identical for every complaint. Not
every complaint, for example, will require the completion of a costly
and time-consuming investigation in order to resolve it.
    This proposed rule also removes the deadline for notifying
complainants and recipients of receipt of a complaint against the
recipient and for reviewing a complaint for acceptance, rejection, or
referral to the appropriate federal agency. Currently, the EPA's
notification regulation requires the EPA to notify the complainant and
the recipient of receipt of a complaint within five calendar days under
40 CFR 7.120(c). The current regulations also require the EPA to
initiate complaint processing procedures by conducting a jurisdictional
review to determine whether to accept, reject, or refer a complaint
within twenty calendar days of acknowledgement of the complaint.
    The current regulatory provisions imposing a deadline on complaint
notification and jurisdictional review are unique to the EPA. This
proposed rule removes these deadlines and, as with complaint
investigations, it proposes that the EPA will ``promptly'' acknowledge
receipt of a complaint and issue a decision on whether a complaint is
accepted, rejected, or referred. The substitution of ``promptly'' for
specific deadlines ensures EPA has the flexibility to improve its
External Compliance and Complaints Program. The EPA believes this
removal is not only reasonable, but will provide EPA with the
flexibility and time necessary to complete a comprehensive and thorough
initial review to identify the most appropriate path to resolve the
complaint. Although, as reflected in the regulations of more than
twenty other federal agencies, it is not common practice to include
specific deadlines, the EPA is fully committed to processing complaints
and compliance reviews expeditiously. In fact, the EPA intends, like
other federal agencies, to create internal procedures and policies to
provide guidance to staff, including the expectation that a
determination of what constitutes reasonably prompt action varies based
on the stage of administrative processing. For instance, a purely
administrative task, (such as, issuing an acknowledgment of a
correspondence), will take significantly less time than the more
complex and nuance evaluation associated with conducting jurisdictional
reviews, investigations and compliance reviews. Nonetheless, as
discussed above with complaint investigations, because of the volume
and complexity of the complaints that the EPA receives, these self-
imposed regulatory deadlines have proven to be impracticable, even at
these early stages.

C. Paperwork Reduction Act Technical Correction

    The EPA proposes to remove the reference to expired OMB control
number 2000-0006 which currently appears after the text of 40 CFR 7.80
and 7.85. The OMB control number for the collection of information
under the EPA's 40 CFR part 7 regulations is OMB control number 2030-
0020. Because no person is required to respond to an information
collection request regulated by the Paperwork Reduction Act unless a
valid control number assigned by OMB is displayed in 40 CFR part 9,
another part of the Code of Federal Regulations, a valid Federal
Register notice, or by any other appropriate means, the EPA proposes to
add the citation for the OMB control no. 2030-0020 and the provisions
in 40 CFR part 7 under which the OCR collects information from
applicants and recipients to the table located in 40 CFR part 9. These
technical corrections will provide clarity to applicants and recipients
of EPA assistance regarding which Information Collection Request
control number applies to the EPA's requests for information under 40
CFR part 7.

III. Statutory and Executive Orders Reviews

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

    This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review. The EPA prepared an analysis of the potential costs and
benefits associated with this

action. A copy of the analysis is available in the docket for this
action.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden.
This proposed rule will allow the EPA to enforce civil rights laws. It
therefore falls under the exemption to the Paperwork Reduction Act
found at 44 U.S.C. 3518(e) that exempts agencies from Paperwork
Reduction Act requirements when they are exercising their substantive
enforcement authority regarding civil rights laws. Even though this
action is covered by the section 3518(e) exemption, this action is
covered by an Information Collection Request that was approved by the
Office of Management and Budget in June 2015. The information
collection request contained in the existing regulations at 40 CFR part
7 was assigned OMB control number 2030-0020. The OMB control numbers
for the EPA's regulations in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. In
making this determination, the impact of concern is any significant
adverse economic impact on small entities. An agency may certify that a
rule will not have a significant economic impact on a substantial
number of small entities if the rule relieves regulatory burden, has no
net burden or otherwise has a positive economic effect on the small
entities subject to the rule. The deadline and technical amendments
being proposed are not expected to have a direct impact on any grant
recipients. The direct cost to any particular entity under a compliance
review will not increase because they already are potentially subject
to compliance reviews under the existing regulations. The impact of the
proposed amendments related to compliance report requirements for any
particular entity would only be the cost of assembling data and
information that it already must collect and maintain under the
existing regulations. We have therefore concluded that this action will
have no net regulatory burden for all directly regulated small
entities.
    Although this proposed rule will not have a significant economic
impact on a substantial number of small entities, the EPA nonetheless
has tried to reduce the impact of this proposed rule on small entities.
(See Economic Analysis in the docket for this rulemaking for more
detailed information on potential impacts.)
    We continue to be interested in the potential impacts of this
proposed rule on small entities and welcome comments on issues relating
to such impacts.

D. Unfunded Mandates Reform Act

    This action does not contain any mandate as described in UMRA, 2
U.S.C. 1531 through 1538, and does not significantly or uniquely affect
small governments. Because this proposed rule enforces statutory rights
that prohibit discrimination as described in the exception at 2 U.S.C.
1503(2), it is not subject to the requirements of section 202 or 205 of
the UMRA.

E. Executive Order 13132: Federalism

    This proposed rule does not have federalism implications. It will
not have substantial direct effects on the states, on the relationship
between the national government and the states, or on the distribution
of power and responsibilities among the various levels of government.
    In the spirit of Executive Order 13132, and consistent with the EPA
policy to promote communications between the EPA and state and local
governments, the EPA specifically solicits comment on this proposed
rule from state and local officials.

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

    This proposed rule does not directly impose any new obligations on
the federally recognized tribes that receive or apply for EPA financial
assistance. Moreover, the proposed rule would not impose compliance
costs on tribes or preempt tribal law. Therefore, consultation under
Executive Order 13175 is not required.
    However, EPA welcomes the views of tribes and is interested in
considering any comments that tribes may offer on the proposed rule.

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

    The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it does not concern an environmental
health risk or safety risk.

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

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

I. National Technology Transfer and Advancement Act

    This proposed rule does not involve technical standards.

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

    Executive Order 12898 establishes federal executive policy on
environmental justice. Its main provision directs federal agencies, to
the greatest extent practicable and permitted by law, to make
environmental justice part of their mission by identifying and
addressing, as appropriate, disproportionately high and adverse human
health or environmental effects of their programs, policies, and
activities on minority populations and low-income populations in the
United States.
    The EPA believes that improving its External Compliance and
Complaints Program will have a positive impact on the agency's efforts
to advance environmental justice. More precisely, by bringing the EPA's
regulations into alignment with the regulations of more than twenty
other agencies, the EPA will have the regulatory tools necessary to
exercise its discretion to make the complex determination of what sorts
of disparate impacts upon communities constitute ``sufficiently
significant social problems,'' and are ``readily enough remediable, to
warrant altering the practices of the federal grantees that had
produced those impacts.'' Alexander v. Choate 469 U.S. 287, 293-294
(1985). Such regulatory tools also will improve the EPA's External
Compliance and Complaints Program by forging an appropriate path to
resolution tailored to the specific facts and circumstances of each
matter. However, the EPA welcomes comments from minority, low-income or
indigenous populations about these proposed regulatory modifications.

List of Subjects

40 CFR Part 7

    Environmental protection, Administrative practice and procedure,
Age discrimination, Civil rights, Equal employment opportunity,
Individuals with disabilities, Reporting and

recordkeeping requirements, Sex discrimination.

40 CFR Part 9

    Environmental protection, Reporting and recordkeeping requirements.

    Dated: December 1, 2015.
Gina McCarthy,
Administrator.

    For the reasons set out in the preamble, the EPA proposes to amend
title 40, chapter I of the Code of Federal Regulations as follows:

PART 7--NONDISCRIMINATION IN PROGRAMS OR ACTIVITIES RECEIVING
FEDERAL ASSISTANCE FROM THE ENVIRONMENTAL PROTECTION AGENCY

0
1. The Authority citation for part 7 continues to read as follows:

    Authority:  42 U.S.C. 2000d to 200d-7 and 6101 et seq.; 29
U.S.C. 794; 33 U.S.C. 1251nt.

Subpart D--Requirements for Applicants and Recipients

Sec.  7.80  [Amended]

0
2. Section 7.80 is amended by removing the parenthetical citation
``(Approved by the Office of Management and Budget under control number
2000-0006)'' following paragraph (c)(3).
0
3. Section 7.85 is amended by:
0
a. Revising paragraph (b);
0
b. Redesignating paragraphs (f) and (g) as paragraphs (g) and (h)
respectively, and adding a new paragraph (f); and
0
c. Removing the parenthetical citation ``(Approved by the Office of
Management and Budget under control number 2000-0006)'' following the
newly redesignated paragraph (h).
    The revisions and additions read as follows:

Sec.  7.85  Recipients.

* * * * *
    (b) Additional compliance information. If necessary, the OCR may
require recipients to submit data and information specific to certain
programs or activities to determine compliance or to investigate a
complaint alleging discrimination in a program or activity receiving
EPA assistance. Requests shall be limited to data and information which
is relevant to determining compliance.
* * * * *
    (f) Compliance reports. Each recipient shall keep such records and
submit to the OCR timely, complete, and accurate compliance reports at
such times, and in such form and containing such information, as the
OCR may determine to be necessary to enable the OCR to ascertain
whether the recipient has complied or is complying with this subpart.
In general, recipients should have available for the Agency the racial
composition of affected neighborhoods. In the case in which a primary
recipient extends federal financial assistance to any other recipient
or subcontracts with any other person or group, such other recipient
shall also submit such compliance reports to the primary recipient as
may be necessary to enable the primary recipient to carry out its
obligations under this Subpart.
* * * * *

Subpart E--Agency Compliance Procedures

Sec.  7.110  [Amended]

0
4. Section 7.110 paragraph (a), fourth sentence is amended by removing
``only when it has reason to believe that discrimination may be
occurring in a program or activity which is the subject of the
application''.

Sec.  7.115  Postaward compliance.

0
5. Amend Sec.  7.115 by revising paragraphs (a) and (c)(1) to read as
follows:
    (a) Periodic review. The OCR may periodically conduct compliance
reviews of any recipient's programs or activities receiving EPA
assistance, including the request of data and information, and may
conduct on-site reviews.
* * * * *
    (c) * * * (1) The OCR will notify the recipient in writing by
certified mail, return receipt requested, of:
* * * * *
0
6. Amend Sec.  7.120 by revising the introductory text and paragraphs
(c) and (d)(1)(i) to read as follows:

Sec.  7.120  Complaint investigations.

    The OCR will make a prompt investigation whenever a complaint
indicates a possible failure to comply.
* * * * *
    (c) Notification. The OCR will notify the complainant and the
recipient of the agency's receipt of the complaint.
    (d) * * *
    (1) * * * (i) After the acknowledgment, the OCR will promptly
review the complaint for acceptance, rejection, or referral to the
appropriate Federal agency.
* * * * *

PART 9--OMB APPROVALS UNDER THE PAPERWORK REDUCTION ACT

0
7. The Authority citation for part 9 continues to read as follows:

    Authority:  7 U.S.C. 135 et seq., 136-136y; 15 U.S.C. 2001,
2003, 2005, 2006, 2601-2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C.
9701; 33 U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 1321, 1326,
1330, 1342, 1344, 1345 (d) and (e), 1361; E.O. 11735, 38 FR 21243, 3
CFR 1971-1975 Comp. p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f,
300g, 300g-1, 300g-2, 300g-3, 300g-4, 300g-5, 300g-6, 300j-1, 300j-
2, 300j-3, 300j-4, 300j-9, 1857 et seq., 6901-6992k, 7401-7671q,
7542, 9601-9657, 11023, 11048.

0
8. In Sec.  9.1, the table is amended by adding the heading titled
``Nondiscrimination in Programs or Activities Receiving EPA
Assistance'' and entries 7.80, 7.85, 7.110, and 7.115 above the heading
``Protection of Human Subjects'' to read as follows:

Sec.  9.1  OMB approvals under the Paperwork Reduction Act.

* * * * *

------------------------------------------------------------------------
                   40 CFR citation                      OMB control No.
------------------------------------------------------------------------
                                * * * * *
------------------------------------------------------------------------
  Nondiscrimination in Programs or Activities Receiving EPA Assistance
------------------------------------------------------------------------
7.80.................................................          2030-0020
7.85.................................................          2030-0020
7.110................................................          2030-0020
7.115................................................          2030-0020

                                * * * * *
------------------------------------------------------------------------

* * * * *
[FR Doc. 2015-31050 Filed 12-11-15; 8:45 am]
 BILLING CODE 6560-50-P


The following files cannot be uploaded to Docket # EPA-R03-OAR-2021-0854 due to file size and/or incompatibility. If you would like to review these files, please contact the Project Officer for this rulemaking, Adam Yarina, at<EMAIL_ADDRESS>or at<PHONE_NUMBER>.

DE 2015 O3 BY SIP - OnRoad RunSpec File - BYI_2017_10003_20191003.zip
DE 2015 O3 BY SIP - NonRoad MOVES Input Files.zip
DE 2015 O3 BY SIP - NonRoad MOVES Output Files.zip
DE 2015 O3 BY SIP - NonRoad RunSpec File - BYI_2017NR_c10003_20191003.zip
DE 2015 O3 BY SIP - OnRoad MOVES Input Files.zip
DE 2015 O3 BY SIP - OnRoad MOVES Output Files.zip


[Federal Register Volume 86, Number 207 (Friday, October 29, 2021)]
[Notices]
[Pages 60102-60103]
[FR Doc No: 2021-23543]

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

DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2017-0163]

Pipeline Safety: Request for Special Permit; Colorado Interstate
Gas Company, LLC

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

ACTION: Notice.

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

SUMMARY: PHMSA is publishing this notice to solicit public comments on
a request for special permit received from the Colorado Interstate Gas
Company,

LLC (CIG). The special permit request is seeking relief from compliance
with certain requirements in the Federal pipeline safety regulations.
At the conclusion of the 30-day comment period, PHMSA will review the
comments received from this notice as part of its evaluation to grant
or deny the special permit request.

DATES: Submit any comments regarding this special permit request by
November 29, 2021

ADDRESSES: Comments should reference the docket number for this special
permit request and may be submitted in the following ways:
     E-Gov Website: http://www.Regulations.gov. This site
allows the public to enter comments on any Federal Register notice
issued by any agency.
    Fax: 1-202-493-2251.
     Mail: Docket Management System: U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Docket Management System: U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590, between
9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal
holidays.
    Instructions: You should identify the docket number for the special
permit request you are commenting on at the beginning of your comments.
If you submit your comments by mail, please submit two (2) copies. To
receive confirmation that PHMSA has received your comments, please
include a self-addressed stamped postcard. Internet users may submit
comments at http://www.Regulations.gov.
    Note: There is a privacy statement published on http://www.Regulations.gov. Comments, including any personal information
provided, are posted without changes or edits to http://www.Regulations.gov.
    Confidential Business Information: Confidential Business
Information (CBI) is commercial or financial information that is both
customarily and actually treated as private by its owner. Under the
Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from
public disclosure. If your comments responsive to this notice contain
commercial or financial information that is customarily treated as
private, that you actually treat as private, and that is relevant or
responsive to this notice, it is important that you clearly designate
the submitted comments as CBI. Pursuant to 49 Code of Federal
Regulations (CFR) Sec.  190.343, you may ask PHMSA to give confidential
treatment to information you give to the agency by taking the following
steps: (1) Mark each page of the original document submission
containing CBI as ``Confidential''; (2) send PHMSA, along with the
original document, a second copy of the original document with the CBI
deleted; and (3) explain why the information you are submitting is CBI.
Unless you are notified otherwise, PHMSA will treat such marked
submissions as confidential under the FOIA, and they will not be placed
in the public docket of this notice. Submissions containing CBI should
be sent to Kay McIver, DOT, PHMSA-PHP-80, 1200 New Jersey Avenue SE,
Washington, DC 20590-0001. Any commentary PHMSA receives that is not
specifically designated as CBI will be placed in the public docket for
this matter.

FOR FURTHER INFORMATION CONTACT:
    General: Ms. Kay McIver by telephone at<PHONE_NUMBER>, or by email
at [email protected].
    Technical: Mr. Steve Nanney by telephone at<PHONE_NUMBER>, or by
email at [email protected].

SUPPLEMENTARY INFORMATION: PHMSA received a special permit request from
CIG, a subsidiary of Kinder Morgan, Inc., seeking a waiver from the
requirements of 49 CFR 192.611(a) and (d): Change in class location:
Confirmation or revision of maximum allowable operating pressure, and
49 CFR 192.619(a): Maximum allowable operating pressure: Steel or
plastic pipelines. This special permit is being requested in lieu of
pipe replacement, pressure reduction, or new pressure tests for two (2)
special permit segments totaling 963.12 feet (approximately 0.182
miles) of pipeline. The CIG pipeline special permit segments consist of
the following:
     Weld County, Colorado--142.00 feet of 22-inch diameter
Line 5A Pipeline, Class 1 to 3 location change, operates at a maximum
allowable operating pressure (MAOP) of 850 pounds per square inch gauge
(psig) and was constructed in 1956.
     Weld County, Colorado--821.12 feet of 24-inch diameter
Line 250A Pipeline, Class 1 to 3 location change, operates at a MAOP of
1,200 psig and was constructed in 2008.
    The special permit request, proposed special permit with
conditions, and Draft Environmental Assessment (DEA) for the above
listed CIG pipeline segments are available for review and public
comments in Docket No. PHMSA-2017-0163. PHMSA invites interested
persons to review and submit comments on the special permit request and
DEA in the docket. Please include any comments on potential safety and
environmental impacts that may result if the special permit is granted.
Comments may include relevant data.
    Before issuing a decision on the special permit request, PHMSA will
evaluate all comments received on or before the comments closing date.
Comments received after the closing date will be evaluated, if it is
possible to do so without incurring additional expense or delay. PHMSA
will consider each relevant comment it receives in making its decision
to grant or deny this special permit request.

    Issued in Washington, DC on August 13, 2021, under authority
delegated in 49 CFR 1.97.
Alan K. Mayberry,
Associate Administrator for Pipeline Safety.
[FR Doc. 2021-23543 Filed 10-28-21; 8:45 am]
BILLING CODE 4910-60-P


[Federal Register Volume 78, Number 132 (Wednesday, July 10, 2013)]
[Rules and Regulations]
[Pages 41277-41280]
[FR Doc No: 2013-15149]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0535; Directorate Identifier 2013-CE-018-AD;
Amendment 39-17489; AD 2013-13-01]
RIN 2120-AA64

Airworthiness Directives; Piper Aircraft, Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Piper Aircraft, Inc. Models PA-46-310P, PA-46-350P, PA-46R-350T, and
PA-46-500TP airplanes. This AD requires inspecting the fuel vent valves
to identify if the nitrile parts are installed and modifying and
eventually replacing the fuel vent valves if the nitrile parts are
installed. This AD was prompted by nitrile fuel vent valves not
providing the correct ventilation. If not corrected, this unsafe
condition may lead to structural damage of the wings, which could
result in loss of control. We are issuing this AD to correct the unsafe
condition on these products.

DATES: This AD is effective July 10, 2013.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of July 10,
2013.
    We must receive comments on this AD by August 26, 2013.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.

     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Piper
Aircraft, Inc., 2926 Piper Drive, Vero Beach, FL 32960; telephone: 1-
877-879-0275; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
Internet: http://www.piper.com/pages/publications.cfm. You may review
copies of the referenced service information at the FAA, Small Airplane
Directorate, 901 Locust, Kansas City, Missouri 64106. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Office (phone:<PHONE_NUMBER>) is in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Gary Wechsler, Aerospace Engineer,
Atlanta Aircraft Certification Office, FAA, 1701 Columbia Avenue,
College Park, Georgia 30337; telephone:<PHONE_NUMBER>; fax: (404) 474-
5606; email: gary.wechsler@faa.

SUPPLEMENTARY INFORMATION:

Discussion

    We were notified by Piper Aircraft, Inc. that during a
demonstration emergency descent from 27,000 feet to 14,000 feet there
was an incident on a Model PA-46 airplane. The fuel vent valve of the
main fuel tank assembly did not provide proper ventilation, which
resulted in structural damage to the wing.
    The material used to manufacture the fuel vent valve was changed
from fluorosilicone to nitrile, which affected the fuel vent valve's
ability to vent atmospheric pressure to the main wing fuel tank during
the rapid descent. The nitrile-made part did not allow enough air to
flow through it because the stiffer nitrile-made part did not expand
and open as large as the fluorosilicone-made part under the same
pressure and temperature conditions.
    Also, in combination with the temperature and pressure changes, the
airplane had a low fuel condition, which increased the loading upon the
main wing that caused the wing skin and underlying wing structure to
buckle.
    This condition, if not corrected, may lead to structural damage of
the wings, which could result in loss of control.

Relevant Service Information

    We reviewed Piper Aircraft, Inc. Mandatory Service Bulletin No.
1258, dated June 5, 2013. The service bulletin describes procedures for
inspecting the fuel vent valves to identify if the nitrile parts are
installed and modifying and eventually replacing the fuel vent valves
if the nitrile parts are installed.

FAA's Determination

    We are issuing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

AD Requirements

    This AD requires accomplishing the actions specified in the service
information described previously.

FAA's Justification and Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because
nitrile fuel vent valves do not provide correct ventilation and may
lead to structural damage of the wings, which could result in loss of
control. Therefore, we find that notice and opportunity for prior
public comment are impracticable and that good cause exists for making
this amendment effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety and was not preceded by notice and an opportunity for public
comment. However, we invite you to send any written data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include the Docket Number FAA-2013-0535 and
Directorate Identifier 2013-CE-018-AD at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this AD. We will
consider all comments received by the closing date and may amend this
AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.

Costs of Compliance

    We estimate that this AD affects 1,379 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
            Action                  Labor cost              Parts cost              product         operators
----------------------------------------------------------------------------------------------------------------
Inspection to identify          .5 work-hour x     Not applicable.............          $42.50       $58,607.50
 installation of nitrile fuel    $85 per hour =
 vent valves.                    $42.50.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary modifications
and replacements that would be required based on the results of the
inspection. We have no way of determining the number of aircraft that
might need these modifications and replacements:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
               Action                        Labor cost                    Parts cost                 product
----------------------------------------------------------------------------------------------------------------
Modification of the nitrile fuel      6 work-hours x $85 per   Not applicable...................            $510
 vent valve (non O-ring panels).       hour = $510.
Modification of the nitrile fuel      2.5 work-hours x $85     Not applicable...................          212.50
 vent valve (O-ring panels).           per hour = $212.50.
Replacement of the nitrile fuel vent  6 work-hours x $85 per   $9...............................             519
 valve with a fluorosilicone fuel      hour = $510.
 vent valve (non O-ring panels).
Replacement of the nitrile fuel vent  2.5 work-hours x $85     $9...............................          221.50
 valve with a fluorosilicone fuel      per hour = $212.50.
 vent valve (O-ring panels).
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation Programs''
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

2013-13-01 Piper Aircraft, Inc.: Amendment 39-17489; Docket No. FAA-
2013-0535; Directorate Identifier 2013-CE-018-AD.

(a) Effective Date

    This AD is effective July 10, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the following Piper Aircraft, Inc. airplanes,
listed in table 1 of paragraph (c) of this AD, certificated in any
category:

        Table 1 of Paragraph (c) of This AD--Applicable Airplanes
------------------------------------------------------------------------
                 Model                             Serial Nos.
------------------------------------------------------------------------
PA-46-310P (Malibu)....................  46-8408001 through 46-8408087;
                                          46[dash]8508001 through 46-
                                          8508109; 46[dash]8608001
                                          through 46-8608067; and
                                          4608001 through 4608140.
PA-46-350P (Mirage)....................  4622001 through 4622200;
                                          4636001 through 4636591; and
                                          4636593.
PA-46R-350T (Matrix)...................  4692001 through 4692190 and
                                          4692192.
PA-46-500TP (Meridian).................  4697001 through 4697520.
------------------------------------------------------------------------

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 2810, Fuel Storage.

(e) Unsafe Condition

    This AD was prompted by certain fuel vent valves not providing
the correct ventilation. If not corrected, this unsafe condition may
lead to structural damage of the wings, which could result in loss
of control. We are issuing this AD to correct the unsafe condition
on these products.

(f) Compliance

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

(g) Inspection and Modification

    (1) Within the next 10 hours time-in-service (TIS) after July
10, 2013 (the effective date of this AD), inspect the left and right
fuel vent valves of the main fuel tank vent assemblies to identify
if they are the nitrile (black) valves following Part I of Piper
Aircraft Inc. Mandatory Service Bulletin No. 1258, dated June 5,
2013.
    (2) If during the inspection required in paragraph (g)(1) of
this AD, you find that a nitrile (black) fuel vent valve is not
installed, except for the requirement of paragraph (h)(3) of this
AD, no further action is required by this AD.
    (3) If during the inspection required in paragraph (g)(1) of
this AD, you find that a nitrile (black) fuel vent valve is
installed, before further flight, modify the fuel vent valve
following Part II of Piper Aircraft, Inc. Mandatory Service Bulletin
No. 1258, dated June 5, 2013. This includes the limitations
requirement in paragraphs 3 and 4 of Part II of the service
bulletin.

    (4) In lieu of doing the modification required in paragraph
(g)(3) of this AD, you may within the next 10 hours TIS after July
10, 2013 (the effective date of this AD), do the fuel vent valve
replacement required in paragraph (h)(1) of this AD following Part
III of Piper Aircraft, Inc. Mandatory Service Bulletin No. 1258,
dated June 5, 2013.

(h) Replacement

    (1) If during the inspection required in paragraph (g)(1) of
this AD, you find that a nitrile (black) fuel vent valve is
installed, within the next 90 days after July 10, 2013 (the
effective date of this AD) if not already done before further flight
as specified in paragraph (i)(4) of this AD, replace the nitrile
(black) fuel vent valve with the fluorosilicone (orange) fuel vent
valve following Part III of Piper Aircraft, Inc. Mandatory Service
Bulletin No. 1258, dated June 5, 2013. This would include removing
the limitations requirement in paragraphs 3 and 4 of Part II of the
service bulletin.
    (2) You may at any time before 90 days after July 10, 2013 (the
effective date of this AD), replace the nitrile (black) fuel vent
valve with the flourosilicone (orange) fuel vent valve. This would
include removing the limitations requirement in paragraphs 3 and 4
of Part II of the service bulletin.
    (3) After July 10, 2013 (the effective date of this AD), do not
install the nitrile (black) fuel vent valve on any of the affected
airplanes.

(i) Positioning Flight

    For the purpose of complying with paragraph (g)(1) of this AD, a
single-positioning flight is allowed to a location where the
inspection required in paragraph (g)(1) can be done provided the
actions and limitations specified in paragraphs (i)(1) through
(i)(4) of this AD are followed, and the flight is done within the
initial 10-hour TIS inspection compliance time. A copy of the
limitations from paragraphs 3 and 4 of Part II of Piper Aircraft,
Inc. Mandatory Service Bulletin No. 1258, dated June 5, 2013, must
be inserted in the pilot's operating handbook before the positioning
flight and removed after the flight. An owner/operator (pilot)
holding at least a private pilot certificate is allowed to insert
these limitations and do the action of paragraph (i)(1) of this AD.
    (1) During normal procedures checklist of every preflight
inspection, check condition of wing surface for buckling, skin
wrinkling, distortion or other damage. If any damage is found during
the preflight inspection, before further flight, repairs must be
done. Contact Piper Aircraft, Inc. at contact information found in
paragraph (l)(3) of this AD for an FAA-approved repair and
incorporate the repair. At the operator's discretion, this preflight
inspection may be delegated to an appropriately certified mechanic.
    (2) Flights must be limited to the minimum required crew. No
passenger flights are allowed.
    (3) Outside air temperature must not be lower than -34 degrees
Celsius (-30 degrees Fahrenheit) during all phases of flight.
    (4) Avoid unnecessary rapid decent maneuvers.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Atlanta Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in the Related Information
section of this AD.
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(k) Related Information

    For more information about this AD, contact Gary Wechsler,
Aerospace Engineer, Atlanta ACO, FAA, 1701 Columbia Avenue, College
Park, Georgia 30337; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email: gary.wechsler@faa.

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Piper Aircraft, Inc. Mandatory Service Bulletin No. 1258,
dated June 5, 2013.
    (ii) Reserved.
    (3) For Piper Aircraft, Inc. service information identified in
this AD, contact Piper Aircraft, Inc., 2926 Piper Drive, Vero Beach,
FL 32960; telephone: 1-877-879-0275; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>Internet: http://www.piper.com/pages/publications.cfm.
    (4) You may view this service information at FAA, Small Airplane
Directorate, 901 Locust, Kansas City, Missouri 64106. For
information on the availability of this material at the FAA, call
(816) 329-4148.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Kansas City, Missouri, on June 18, 2013.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-15149 Filed 7-9-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 188 (Friday, October 1, 2021)]
[Notices]
[Page 54507]
[FR Doc No: 2021-21451]

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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2016-0126]

Petition for Extension of Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this
document provides the public notice that on September 14, 2021, the
Capital Metropolitan Transportation Authority (CMTY) petitioned the
Federal Railroad Administration (FRA) for an extension of a waiver of
compliance from certain provisions of the Federal railroad safety
regulations contained at 49 CFR 238.309, Periodic brake equipment
maintenance. The relevant FRA Docket Number is FRA-2016-0126.
    By letter dated July 7, 2020, FRA granted CMTY an extension of
relief until December 31, 2021, in which to acquire brake components
required for CMTY's four GTW G-4 diesel multiple units, due to
manufacturing delays of the components. At this time, CMTY requests an
additional six-month extension of the previously granted relief, as
manufacturing delays are causing additional time to be needed for the
final air brake kit to be rebuilt and recertified.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment and a public hearing, they
should notify FRA, in writing, before the end of the comment period and
specify the basis for their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted at http://www.regulations.gov. Follow the online instructions for submitting
comments.
    Communications received by November 15, 2021 will be considered by
FRA before final action is taken. Comments received after that date
will be considered if practicable. Anyone can search the electronic
form of any written communications and comments received into any of
our dockets by the name of the individual submitting the comment (or
signing the document, if submitted on behalf of an association,
business, labor union, etc.). Under 5 U.S.C. 553(c), the U.S.
Department of Transportation (DOT) solicits comments from the public to
better inform its processes. DOT posts these comments, without edit,
including any personal information the commenter provides, to
www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacy-notice for the
privacy notice of regulations.gov.

    Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2021-21451 Filed 9-30-21; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 82, Number 174 (Monday, September 11, 2017)]
[Notices]
[Pages 42675-42676]
[FR Doc No: 2017-19152]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER17-2370-000]

GenOn Holdco 2, LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding
GenOn Holdco 2, LLC's application for market-based rate authority, with
an accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is September 25, 2017.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor

must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the Web site that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For TTY,
call<PHONE_NUMBER>.

    Dated: September 5, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-19152 Filed 9-8-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 233 (Thursday, December 3, 2020)]
[Notices]
[Pages 78157-78159]
[FR Doc No: 2020-26595]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-90524; File No. SR-ICC-2020-013]

Self-Regulatory Organizations; ICE Clear Credit LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change, as Modified
by Partial Amendment No. 1, Relating to ICC's Fee Schedule

November 27, 2020.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
\1\ and Rule 19b-4,\2\ notice is hereby given that on November 16,
2020, ICE Clear Credit LLC (``ICC'') filed with the Securities and
Exchange Commission the proposed rule change as described in Items I,
II, and III below, which Items have been prepared primarily by ICC. On
November 25, 2020, ICC filed Partial Amendment No. 1 to the proposed
rule change.\3\ ICC filed the proposed rule change pursuant Section
19(b)(3)(A) of the Act \4\ and Rule 19b-4(f)(2) thereunder,\5\ such
that the proposed rule change was immediately effective upon filing
with the Commission. The Commission is publishing this notice to
solicit comments on the proposed rule change, as modified by Partial
Amendment No. 1 (hereinafter the ``proposed rule change''), from
interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ In Partial Amendment No. 1 to the proposed rule change, ICC
provided additional details and analyses surrounding the proposed
rule change in the form of a confidential Exhibit 3. Partial
Amendment No. 1 did not make any changes to the substance of the
filing or the text of the proposed rule change.
    \4\ 15 U.S.C. 78s(b)(3)(A).
    \5\ 17 CFR 240.19b-4(f)(2).
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I. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change

    The principal purpose of the proposed rule change is to modify
ICC's fee schedule to introduce two credit default index swaption
(``Index Swaption'') volume incentive programs.

These revisions do not require any changes to the ICC Clearing Rules.

II. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

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

(A) Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

(a) Purpose
    The proposed changes are intended to modify ICE Clear Credit's fee
schedule to introduce two Index Swaption volume incentive programs for
house origin Index Swaption transactions. Pursuant to an Index
Swaption, one party (the ``Swaption Buyer'') has the right (but not the
obligation) to cause the other party (the ``Swaption Seller'') to enter
into an index credit default swap transaction at a pre-determined
strike price on a specified expiration date on specified terms.\6\ In
the case of Index Swaptions that may be cleared by ICC, the underlying
index credit default swap is limited to certain CDX and iTraxx Europe
index credit default swaps that are accepted for clearing by ICC, and
which would be automatically cleared by ICC upon exercise of the Index
Swaption by the Swaption Buyer in accordance with its terms.\7\ The
proposed changes are described in detail as follows.
---------------------------------------------------------------------------

    \6\ ICC previously filed with the Commission changes to certain
other policies and procedures related to clearing Index Swaptions
(the ``Swaption Rule Filings''). See the Swaption Rule Filings for
additional details. SEC Release No. 34-87297 (October 15, 2019)
(approval), 84 FR 56270 (October 21, 2019) (SR-ICC-2019-007); SEC
Release No. 34-89142 (June 24, 2020) (approval), 85 FR 39226 (June
30, 2020) (SR-ICC-2020-002); SEC Release No. 34-89436 (July 31,
2020) (approval), 85 FR 47827 (August 6, 2020) (SR-ICC-2020-008);
SEC Release No. 34-89948 (September 22, 2020) (approval), 85 FR
60845 (September 28, 2020) (SR-ICC-2020-010).
    \7\ Index Swaptions are also referred to herein and in the
Swaption Rule Filings as ``index options'' or ``index CDS options'',
or in similar terms.
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    ICC maintains a Clearing Participant (``CP'') fee schedule \8\ that
is publicly available on its website, which ICC proposes to update in
connection with the proposed volume incentive programs. Currently,
clearing fees are due by CPs in accordance with the product, amount and
currency set out in the fee schedule. ICC proposes to amend this fee
schedule to include details on the volume incentive programs, subject
to any regulatory review or approval process.
---------------------------------------------------------------------------

    \8\ CP fee details available at: https://www.theice.com/publicdocs/clear_credit/ICE_Clear_Credit_Fees_Clearing_Participant.pdf.
---------------------------------------------------------------------------

    ICC previously filed with the Commission the relevant clearing fees
for Index Swaptions \9\ and further proposes to amend the CP fee
schedule to introduce the volume incentive programs for house origin
Index Swaption transactions. Under the amended fee schedule, the
proposed Standard Program automatically, and without further action by
CPs, applies to CPs and provides a tiered discount schedule based on
USD equivalent, non-discounted Index Swaption fees billed since the
start of the year (``Billed Fees''). The first 300,000 of Billed Fees
are not discounted, a 10% discount is provided for the second 300,000
of Billed Fees, a 20% discount is provided for the third 300,000 of
Billed Fees, and a 30% discount is provided for all cleared Index
Swaptions above that level. As an alternative to the Standard Program,
CPs may elect to participate in the annual Prepaid Program. For
calendar year 2021, the proposed Prepaid Program election deadline is
January 25, 2021 and requires an upfront payment of $750,000 by
February 1, 2021. Index Swaption fees are $2/million or [euro]2/
million, and the upfront payment is applied toward the first $750,000
of Index Swaption clearing fees due in 2021. The discount or prepaid
fee schedule would be applied at the time of invoice.
---------------------------------------------------------------------------

    \9\ SEC Release No. 34-90299 (October 30, 2020) (notice), 85 FR
70700 (November 5, 2020) (SR-ICC-2020-012).
---------------------------------------------------------------------------

(b) Statutory Basis
    ICC believes that the proposed rule change is consistent with the
requirements of the Act, including Section 17A of the Act \10\ and the
regulations thereunder applicable to it. More specifically, the
proposed rule change establishes or changes a member due, fee or other
charge imposed by ICC under Section 19(b)(3)(A)(ii) of the Act \11\ and
Rule 19b-4(f)(2) \12\ thereunder. ICC believes the proposed rule change
is consistent with the requirements of the Act and the rules and
regulations thereunder applicable to ICC, in particular, to Section
17A(b)(3)(D),\13\ which requires that the rules of the clearing agency
provide for the equitable allocation of reasonable dues, fees, and
other charges among its participants.
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    \10\ 15 U.S.C. 78q-1.
    \11\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \12\ 17 CFR 240.19b-4(f)(2).
    \13\ 15 U.S.C. 78q-1(b)(3)(D).
---------------------------------------------------------------------------

    ICC believes that the proposed fee discounts for house origin Index
Swaption transactions have been set at an appropriate level. In ICC's
view, the proposed fees are reasonable under each proposed volume
incentive program as the discounts correspond with anticipated volumes,
costs and expenses, and revenues under each program, and they consider
current market activity as well as anticipated market activity with
respect to clearing house origin Index Swaption transactions at ICC.
Namely, in determining the appropriate discount level and program
structure, ICC discussed the proposed volume incentive programs with
its Board (who approved the programs and discounts) and took into
account factors such as anticipated volume, revenue, expenses, and CP
market participation in this clearing service, including based on
different fee levels. More specifically, the proposed discounts are
associated with anticipated volumes via the tiered discount schedule in
the Standard Program and the upfront payment applied toward clearing
fees in the Prepaid Program, and are designed to encourage CP market
participation to bring increased volume to grow the clearing service
while properly compensating ICC for the risks, costs and expenses of
clearing house origin Index Swaption transactions.
    Moreover, the proposed fee changes will apply equally to all market
participants clearing house origin Index Swaption transactions. Namely,
the Standard Program automatically, and without further action by CPs,
applies to all CPs. As an alternative to the Standard Program, any CP
may elect to participate in the annual Prepaid Program, which requires
election and an upfront payment by specified dates. Therefore, the
proposed rule change provides for the equitable allocation of
reasonable dues, fees and other charges among participants, within the
meaning of Section 17A(b)(3)(D) of the Act.\14\ ICC therefore believes
that the proposed rule change is consistent with the requirements of
Section 17A of the Act \15\ and the regulations thereunder applicable
to it and is appropriately filed pursuant to Section 19(b)(3)(A) of the
Act \16\ and paragraph (f)(2) of Rule 19b-4 \17\ thereunder.
---------------------------------------------------------------------------

    \14\ Id.
    \15\ 15 U.S.C. 78q-1.
    \16\ 15 U.S.C. 78s(b)(3)(A).
    \17\ 17 CFR 240.19b-4(f)(2).

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(B) Clearing Agency's Statement on Burden on Competition

    ICC does not believe the proposed rule change would have any
impact, or impose any burden, on competition not necessary or
appropriate in furtherance of the purpose of the Act. As discussed
above, the proposed changes modify ICC's fee schedule to introduce two
volume incentive programs for house origin Index Swaption transactions
and will apply uniformly across all market participants clearing house
origin Index Swaption transactions. The implementation of such changes
does not preclude other market participants from offering similar
incentive programs. Moreover, ICC does not believe that the amendments
would adversely affect the ability of market participants to access
clearing services. Accordingly, ICC does not believe the amendments
impose any burden on competition not necessary or appropriate in
furtherance of the purpose of the Act.

(C) Clearing Agency's Statement on Comments on the Proposed Rule Change
Received From Members, Participants or Others

    Written comments relating to the proposed rule change have not been
solicited or received. ICC will notify the Commission of any written
comments received by ICC.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \18\ and paragraph (f) of Rule 19b-4 \19\
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78s(b)(3)(A).
    \19\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-ICC-2020-013 on the subject line.

Paper Comments

    Send paper comments in triplicate to Secretary, Securities and
Exchange Commission, 100 F Street NE, Washington, DC 20549.

All submissions should refer to File Number SR-ICC-2020-013. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of such filings will also be available for inspection
and copying at the principal office of ICE Clear Credit and on ICE
Clear Credit's website at https://www.theice.com/clear-credit/regulation.
    All comments received will be posted without change. Persons
submitting comments are cautioned that we do not redact or edit
personal identifying information from comment submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-ICC-2020-013 and should be
submitted on or before December 24, 2020.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
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    \20\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-26595 Filed 12-2-20; 8:45 am]
BILLING CODE 8011-01-P