[Federal Register Volume 85, Number 157 (Thursday, August 13, 2020)]
[Notices]
[Pages 49366-49368]
[FR Doc No: 2020-17701]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2020-0273; FRL-10010-43]

Agency Information Collection Activities; Proposed Consolidation
of Several Existing Collections (EPA ICR No. 2624.01); Comment Request

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA), this
document announces that EPA is planning to submit a request to renew
and consolidate several existing approved Information Collection
Requests (ICRs) to the Office of Management and Budget (OMB). Before
submitting the consolidated ICR to OMB for review and approval, EPA is
soliciting comments on specific aspects of the proposed information
collection that is summarized in this document. The consolidated ICR is
entitled: ``Consolidated Pesticide Registration Activities'' and
identified by EPA ICR No. 2624.01 and OMB Control No. 2070-NEW. The ICR
and accompanying material are available in the docket for public review
and comment.

DATES: Comments must be received on or before October 13, 2020.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2020-0273, 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.
     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: Carolyn Siu, Field and External
Affairs Division, 7650P, 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. What information is EPA particularly interested in?

    Pursuant to PRA section 3506(c)(2)(A) (44 U.S.C. 3506(c)(2)(A)),
EPA specifically solicits comments and information to enable it to:
    1. Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information will have practical utility.
    2. Evaluate the accuracy of the Agency's estimates of the burden of
the proposed collection of information, including the validity of the
methodology and assumptions used.
    3. Enhance the quality, utility, and clarity of the information to
be collected.
    4. Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses. In particular, EPA is requesting comments from
very small businesses (those that employ less than 25) on examples of
specific additional efforts that EPA could make to reduce the paperwork
burden for very small businesses affected by this collection.

II. What should I consider when I prepare my comments for EPA?

    You may find the following suggestions helpful for preparing your
comments:
    1. Explain your views as clearly as possible and provide specific
examples.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used
that support your views.
    4. If you estimate potential burden or costs, explain how you
arrived at the estimate that you provide.
    5. Submit your comments by the deadline identified under DATES.
    6. Identify the docket ID number assigned to the ICR in the subject
line on the first page of your response. You may also provide the ICR
title and related EPA and OMB numbers.

III. What do I need to know about PRA?

    An Agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information subject to PRA approval
unless it displays a currently valid OMB control number. The OMB
control numbers for the EPA regulations in title 40 of the Code of
Federal Regulations (CFR), after appearing in the preamble of the final
rule, are further displayed either by publication in the Federal
Register or by other appropriate means, such as on the related
collection instruments or form, if applicable. The display of OMB
control numbers for certain EPA regulations is consolidated in a list
at 40 CFR 9.1.
    As used in the PRA context, burden is defined in 5 CFR 1320.3(b).

IV. What ICR does this request apply to?

    Title: Consolidated Pesticide Registration Activities.
    ICR number: EPA ICR No. 2624.01.
    OMB control number: OMB Control No. 2070-NEW.
    ICR status: This ICR reflects the consolidation of the following
currently approved ICRs:
     ``Tolerance Petitions for Pesticides on Food/Feed Crops
and New Inert Ingredients,'' EPA ICR No. 0597.13, OMB Control No. 2070-
0024, scheduled to expire April 30, 2022;
     ``Submission of Unreasonable Adverse Effects Information
Under FIFRA 6(a)(2),'' EPA ICR No. 1204.14, OMB Control No. 2070-0039,
scheduled to expire on February 28, 2021;
     ``Experimental Use Permits (EUPs) for Pesticides,'' EPA
ICR No. 0276.17, OMB Control No. 2070-0040, scheduled to expire on
February 28, 2021;
     ``Notice of Supplemental Distribution of a Registered
Pesticide Product,'' EPA ICR No. 0278.13, OMB Control No. 2070-0044,
scheduled to expire on October 31, 2021;
     ``Compliance Requirement for Child Resistant Packaging,''
EPA ICR No. 0616.13, OMB Control No. 2070-0052, scheduled to expire on
November 30, 2021;
     ``Application for New and Amended Pesticide
Registration,'' EPA ICR No. 0277.21, OMB Control No. 2070-0060,
scheduled to expire on September 30, 2020;
     ``Plant-Incorporated Protectants; CBI Substantiation and
Adverse Effects Reporting,'' EPA ICR No. 1693.10, OMB Control No. 2070-
0142, scheduled to expire on February 28, 2021;
     ``Pesticide Program Public Sector Collections (FIFRA Sec.
18/24(c)),'' EPA ICR No. 2311.04, OMB Control No. 2070-0182, scheduled
to expire on February 28, 2021.
    Abstract: This is a new information collection request (ICR) that
consolidates the collection activities covered by eight ICRs that are
currently approved by the Office of Management and Budget (OMB) under
the separate OMB control numbers identified in the previous paragraph.
This consolidation is due to the shared collection method or
anticipated collection method of the information via the Pesticide
Submission Portal in EPA's Central Data Exchange (CDX) and fulfills OMB
Terms of Clearance on several of the ICRs. This consolidation is
expected to clarify the capabilities of the Pesticide Submission Portal
for respondents as well as streamline EPA's ICR tracking, renewal, and
development process.
    The eight consolidated ICRs enable the EPA to acquire the necessary
data to support the statutorily mandated information collection
activities pertaining to the pesticide registration process 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 (FQPA), specifically:
     Pesticide registration.
     Pesticide use.
     Pesticide sale and distribution.
     Pesticide permitting activities.

     Determinations regarding whether a product must be
regulated under FIFRA.
     Pesticide tolerances.
    The collection activities vary and are dependent on the request
from the Agency, respondent or both to fulfill the associated
requirement or voluntary submission. Due to the diverse nature of the
collections and affected industries, the term ``respondent'' will be
used to refer to those engaging in any or all of the collections
described in this ICR, unless a specific term offers more clarity.
    Burden statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average
between 0.32-1,739 hours per response. The consolidated ICR, a copy of
which is available in the docket, provides a detailed explanation of
this estimate, which is only briefly summarized here:
    Respondents/Affected entities: Entities potentially affected by
this ICR include pesticide and other agricultural chemical
manufacturing, research and development in the physical, engineering,
and life sciences, biological products (except diagnostic)
manufacturing, colleges, universities, and professional schools, farm
supplies wholesalers, flower, nursery stock, and florists' supplies
wholesalers, state government, other chemical and allied products
merchant wholesalers, exterminating and pest control service,
management, scientific, and technical consulting services.
    Estimated total number of potential respondents: 136,168.
    Frequency of response: On occasion.
    Estimated total annual burden hours: 2,179,699.
    Estimated total annual costs: $174,892,655. This includes an
estimated burden cost of $174,892,655 and an estimated cost of $0 for
non-burden hour paperwork costs, e.g., capital investment or
maintenance and operational costs.

V. Are there changes in the estimates from the last approvals?

    The EPA estimates no quantifiable change in burden hours between
the combined burden in this ICR and the burden estimates in the
previously approved requests.

VI. What is the next step in the process for this ICR?

    EPA will consider the comments received and amend the consolidated
ICR as appropriate. The final ICR package will then be submitted to OMB
for review and approval pursuant to 5 CFR 1320.12. EPA will issue
another Federal Register document pursuant to 5 CFR 1320.5(a)(1)(iv) to
announce the submission of the ICR to OMB and the opportunity for the
public to submit additional comments for OMB consideration.
    If you have any questions about this ICR or the approval process,
please contact the person listed under FOR FURTHER INFORMATION CONTACT.

    Authority: 44 U.S.C. 3501 et seq.

    Dated: August 7, 2020.
Alexandra Dapolito Dunn,
Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.
[FR Doc. 2020-17701 Filed 8-12-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 28 (Friday, February 10, 2012)]
[Notices]
[Pages 7233-7234]
[FR Doc No: 2012-3080]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2003-16241; FMCSA-2003-16564; FMCSA-2005-22194;
FMCSA-2007-27897; FMCSA-2007-29019]

Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of renewal of exemptions; request for comments.

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SUMMARY: FMCSA announces its decision to renew the exemptions from the
vision requirement in the Federal Motor Carrier Safety Regulations for
14 individuals. FMCSA has statutory authority to exempt individuals
from the vision requirement if the exemptions granted will not
compromise safety. The Agency has concluded that granting these
exemption renewals will provide a level of safety that is equivalent to
or greater than the level of safety maintained without the exemptions
for these commercial motor vehicle (CMV) drivers.

DATES: This decision is effective March 5, 2012. Comments must be
received on or before March 12, 2012.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) numbers: FMCSA-2003-16241; FMCSA-2003-16564;
FMCSA-2005-22194; FMCSA-2007-27897; FMCSA-2007-29019, using any of the
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays.
     Fax: 1-202 493-2251.
    Instructions: Each submission must include the Agency name and the
docket number for this notice. Note that DOT posts all comments
received without change to http://www.regulations.gov, including any
personal information included in a comment. Please see the Privacy Act
heading below.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The Federal Docket Management System (FDMS) is
available 24 hours each day, 365 days each year. If you want
acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement
page that appears after submitting comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review DOT's Privacy Act Statement for the FDMS published in
the Federal Register on January 17, 2008 (73 FR 3316), or you may visit
http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.

FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical
Programs Divison,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption
from the vision requirements in 49 CFR 391.41(b)(10), which applies to
drivers of CMVs in interstate commerce, for a two-year period if it
finds ``such exemption would likely achieve a level of safety that is
equivalent to or greater than the level that would be achieved absent
such exemption.'' The procedures for requesting an exemption (including
renewals) are set out in 49 CFR part 381.

Exemption Decision

    This notice addresses 14 individuals who have requested renewal of
their exemptions in accordance with FMCSA procedures. FMCSA has
evaluated these 14 applications for renewal on their merits and decided
to extend each exemption for a renewable two-year period. They are:

Lee A. Burke (WI)
Barton C. Caldara (WI)
Allan Darley (UT)
Robin S. England (GA)
Richard Hailey, Jr. (DC)
Roger V. Hodges (IL)
Donald W. Holt (MA)
George R. Knavel (UT)
John R. Knott, III (MD)
Timothy S. Miller (AZ)
Edward D. Pickle (GA)
Ezequiel M. Ramirez (TX)
Robert L. Thies (IN)
James T. Wortham, Jr. (GA)

    The exemptions are extended subject to the following conditions:
(1) That each individual has a physical examination every year (a) by
an ophthalmologist or optometrist who attests that the vision in the
better eye continues to meet the requirements in 49 CFR 391.41(b)(10),
and (b) by a medical examiner who attests that the individual is
otherwise physically qualified under 49 CFR 391.41; (2) that each
individual provides a copy of the ophthalmologist's or optometrist's
report to the medical examiner at the time of the annual medical
examination; and (3) that each individual provide a copy of the annual
medical certification to the employer for retention in the driver's
qualification file and retains a copy of the certification on his/her
person while driving for presentation to a duly authorized Federal,
State, or local enforcement official. Each exemption will be valid for
two years unless rescinded earlier by FMCSA. The exemption will be
rescinded if: (1) The person fails to comply with the terms and
conditions of the exemption; (2) the exemption has resulted in a lower
level of safety than was maintained before it was granted; or (3)
continuation of the exemption would not be consistent with the goals
and objectives of 49 U.S.C. 31136(e) and 31315.

Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no
longer than two years from its approval date and may be renewed upon
application for additional two year periods. In accordance with 49
U.S.C. 31136(e) and 31315, each of the 14 applicants has satisfied the
entry conditions for obtaining an exemption from the vision
requirements (68 FR 61857; 68 FR 74699; 68 FR 75715; 69 FR 10503; 69 FR
12536; 70 FR 57353; 70 FR 72689; 71 FR 644; 71 FR 6829; 72 FR 39879; 72
FR 52419; 72 FR 58362; 72 FR 62897; 72 FR 67344; 73 FR 8392; 74 FR
64124; 74 FR 65845; 75 FR 8184). Each of these 14 applicants has
requested renewal of the exemption and has submitted evidence showing
that the vision in the better eye continues to meet the requirement
specified at 49 CFR 391.41(b)(10) and that the vision impairment is
stable. In addition, a review of each record of safety while driving
with the respective vision deficiencies over the past two years
indicates each applicant continues to meet the vision exemption
requirements. These factors provide an adequate basis for predicting
each driver's ability to continue to drive safely in interstate
commerce. Therefore, FMCSA concludes that extending the exemption for
each renewal applicant for a period of two years is likely to achieve a
level of safety equal to that existing without the exemption.

Request for Comments

    FMCSA will review comments received at any time concerning a
particular driver's safety record and determine if the continuation of
the exemption is consistent with the requirements at 49 U.S.C. 31136(e)
and 31315. However, FMCSA requests that interested parties with
specific data concerning the safety records of these drivers submit
comments by March 12, 2012.
    FMCSA believes that the requirements for a renewal of an exemption
under 49 U.S.C. 31136(e) and 31315 can be satisfied by initially
granting the renewal and then requesting and evaluating, if needed,
subsequent comments submitted by interested parties. As indicated
above, the Agency previously published notices of final disposition
announcing its decision to exempt these 14 individuals from the vision
requirement in 49 CFR 391.41(b)(10). The final decision to grant an
exemption to each of these individuals was made on the merits of each
case and made only after careful consideration of the comments received
to its notices of applications. The notices of applications stated in
detail the qualifications, experience, and medical condition of each
applicant for an exemption from the vision requirements. That
information is available by consulting the above cited Federal Register
publications.
    Interested parties or organizations possessing information that
would otherwise show that any, or all, of these drivers are not
currently achieving the statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any adverse evidence submitted
and, if safety is being compromised or if continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136(e) and 31315, FMCSA will take immediate steps to revoke the
exemption of a driver.

    Issued on: January 31, 2012.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2012-3080 Filed 2-9-12; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 77, Number 157 (Tuesday, August 14, 2012)]
[Notices]
[Pages 48584-48585]
[FR Doc No: 2012-19908]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Tenth Meeting: RTCA Special Committee 222, Inmarsat Aeronautical
Mobile Satellite (Route) Services

AGENCY: Federal Aviation Administration (FAA), U.S. Department of
Transportation (DOT).

ACTION: Meeting Notice of RTCA Special Committee 222, Inmarsat
Aeronautical Mobile Satellite (Route) Services.

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SUMMARY: The FAA is issuing this notice to advise the public of the
tenth meeting of RTCA Special Committee 222, Inmarsat Aeronautical
Mobile Satellite (Route) Services.

DATES: The meeting will be held September 11-13, 2012, from 9:30 a.m.-
5:00 p.m.

ADDRESS: The meeting will be held at RTCA, Inc., 1150 18th Street NW.,
Suite 910, Washington, DC, 20036.

FOR FURTHER INFORMATION CONTACT: The RTCA Secretariat, 1150 18th Street
NW., Suite 910, Washington, DC 20036, or by telephone at (202) 833-
9339, fax at<PHONE_NUMBER>, or Web site at http://www.rtca.org.

SUPPLEMENTARY INFORMATION: Pursuant to section 10(a) (2) of the Federal
Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., App.), notice is
hereby given for a meeting of Special Committee 222. The agenda will
include the following:

Tuesday, September 11, 2012

     Greetings & Attendance.
     Review summary of June 2102 meeting (9th Plenary).
     Detailed review of modifications to generic MASPS draft as
agreed at 9th Plenary. The version to be reviewed is Rev2.1, posted on
the RTCA SC-222 Workspace.
     Detailed review of SBB-specific material for MASPS.
Available material will be posted no later than September 4, 2012.
     Status, update and review SBB-specific material for DO-
262A. Available material will be posted no later than September 4,
2012.
     Other items as appropriate.
     Review of action items from 9th Plenary.

     Schedule for 11th Plenary.
     Adjourn.

Wednesday, September 12

     It is anticipated that the Plenary session will be
completed on Tuesday, September 11. A room has been reserved for
Wednesday, September 12 to accommodate editing activities on both the
MASPS and MOPs. Webex/telecom will be available on both days.

Thursday, September 13

     It is anticipated that the Plenary session will be
completed on Tuesday, September 11. A room has been reserved for
Wednesday, September 12 to accommodate editing activities on both the
MASPS and MOPs. Webex/telecom will be available on both days.
    Attendance is open to the interested public but limited to space
availability. With the approval of the chairman, members of the public
may present oral statements at the meeting. Persons wishing to present
statements or obtain information should contact the person listed in
the FOR FURTHER INFORMATION CONTACT section. Members of the public may
present a written statement to the committee at any time.

    Issued in Washington, DC, on August 7, 2012.
David Sicard,
Manager, Business Operations Branch, Federal Aviation Administration.
[FR Doc. 2012-19908 Filed 8-13-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 92 (Friday, May 14, 2021)]
[Rules and Regulations]
[Pages 26365-26367]
[FR Doc No: 2021-10191]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0127; Project Identifier MCAI-2020-00829-R;
Amendment 39-21557; AD 2021-10-24]
RIN 2120-AA64

Airworthiness Directives; Leonardo S.p.a. (Type Certificate
Previously Held by Agusta S.p.A.) Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2015-25-04
for Agusta S.p.A (now Leonardo S.p.a.) Model A109A and A109A II
helicopters. AD 2015-25-04 required inspecting the slider assembly
pitch control (slider) for play and replacing the slider if the play
exceeds certain limits. This AD was prompted by further investigation
that led to the determination that the play was caused by a
manufacturing issue. This AD retains certain requirements of AD 2015-
25-04, requires replacing certain part-numbered sliders as a
terminating action for the inspections, and prohibits installing the
affected part on any helicopter. The FAA is issuing this AD to address
the unsafe condition on these products.

DATES: This AD is effective June 18, 2021.

ADDRESSES: For service information identified in this final rule,
contact Leonardo S.p.a. Helicopters, Emanuele Bufano, Head of
Airworthiness, Viale G.Agusta 520, 21017 C.Costa di Samarate (Va)
Italy; telephone +39-0331-225074; fax +39-0331-229046; or at https://www.leonardocompany.com/en/home. You may view this service information
at the FAA, Office of the Regional Counsel, Southwest Region, 10101
Hillwood Pkwy., Room 6N-321, Fort Worth, TX 76177. For information on
the availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0127; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this final rule, the
European Union Aviation Safety Agency (EASA) AD, any comments received,
and other information. The address for Docket

Operations is U.S. Department of Transportation, Docket Operations, M-
30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue
SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Matthew Fuller, AD Program Manager,
Operational Safety Branch, Airworthiness Products Section, General
Aviation & Rotorcraft Unit, telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2015-25-04, Amendment 39-18342 (80 FR
76381, December 9, 2015), (AD 2015-25-04). AD 2015-25-04 applied to
Agusta S.p.A (now Leonardo S.p.a.) Model A109A and A109A II
helicopters. The NPRM published in the Federal Register on March 8,
2021 (86 FR 13232). In the NPRM, the FAA proposed to retain the initial
and repetitive 25 hours time-in-service (TIS) inspections required by
AD 2015-25-04 and depending on the inspection results, continue to
require replacing the slider with an airworthy slider. Additionally,
the NPRM proposed to require, within 800 hours TIS, removing slider
part number (P/N) 109-0130-11-7 from service and replacing it with a
modified slider P/N 109-0130-11-7 marked with an ``R'' after the serial
number, which would provide a terminating action for the repetitive
inspections. Finally, the NPRM proposed to prohibit installing certain
sliders on any helicopter. The NPRM was prompted by EASA AD 2020-0142,
dated June 25, 2020 (EASA AD 2020-0142), issued by EASA, which is the
Technical Agent for the Member States of the European Union, to correct
an unsafe condition for Leonardo S.p.a. Model A109A and A109A II
helicopters with a certain part-numbered slider. EASA AD 2020-0142
supersedes EASA AD 2015-0097, dated June 1, 2015 (EASA AD 2015-0097).
EASA AD 2015-0097 was issued after unusual play was detected on a
certain part-numbered slider. EASA advised in EASA AD 2015-0097 that
investigation revealed excessive wear of the slider broaching at the
point of contact with the tail rotor shaft but that the cause of the
excessive play had not been determined. EASA AD 2015-25-04 prompted the
FAA to issue AD 2015-25-04. EASA now advises that further investigation
results identified the reason for the excessive play was a
manufacturing issue. Accordingly, EASA AD 2020-0142 retains the
repetitive inspections for a certain part-numbered slider, requires
replacing a certain part-numbered slider with a modified slider, and
provides a terminating action for the repetitive inspections.

Comments

    The FAA received no comments on the NPRM or on the determination of
the costs.

Conclusion

    These helicopters have been approved by EASA and are approved for
operation in the United States. Pursuant to the FAA's bilateral
agreement with the European Union, EASA has notified the FAA about the
unsafe condition described in its AD. The FAA reviewed the relevant
data and determined that air safety requires adopting this AD as
proposed. Accordingly, the FAA is issuing this AD to address the unsafe
condition on these helicopters as proposed in the NPRM; however, the
paragraphs have been restructured to meet current formatting
requirements, and the responsible office for approving Alternative
Methods of Compliance has been revised. These changes will neither
increase the scope of the AD nor increase the economic burden on any
operator.

Related Service Information

    The FAA reviewed Leonardo Helicopters Alert Service Bulletin No.
109-149, Revision A, dated May 18, 2020, which specifies procedures for
repetitively inspecting the slider for play. This service information
also references procedures for replacing the affected slider with a
modified slider.

Differences Between This AD and the EASA AD

    The EASA AD requires replacing the affected part-numbered slider
within 60 months, while this AD requires replacing the affected slider
within 800 hours TIS.

Costs of Compliance

    The FAA estimates that this AD affects 147 helicopters of U.S.
Registry. The FAA estimates that operators may incur the following
costs in order to comply with this AD. Labor costs are estimated at $85
per work-hour.
    Inspecting the slider for play takes about 1 work-hour for an
estimated cost of $85 per helicopter and $12,495 for the U.S. fleet per
inspection cycle. Replacing a slider takes about 10 work-hours and
parts cost about $4,068 for an estimated cost of $4,918 per helicopter
and $722,946 for the U.S. fleet.
    According to Leonardo Helicopters' service information, some of the
costs of this AD may be covered under warranty, thereby reducing the
cost impact on affected persons. The FAA does not control warranty
coverage by Leonardo Helicopters. Accordingly, the FAA has included all
costs in this cost estimate.

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.
    The FAA is 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) Will not affect intrastate aviation in Alaska, and
    (3) 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.

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:
0
a. Removing Airworthiness Directive (AD) 2015-25-04, Amendment 39-18342
(80 FR 76381, December 9, 2015); and
0
b. Adding the following new AD:

2021-10-24 Leonardo S.p.a (Type Certificate Previously Held by
Agusta S.p.A.): Amendment 39-21557; Docket No. FAA-2021-0127;
Project Identifier MCAI-2020-00829-R.

(a) Effective Date

    This airworthiness directive (AD) is effective June 18, 2021.

(b) Affected ADs

    This AD replaces AD 2015-25-04, Amendment 39-18342 (80 FR 76381,
December 9, 2015).

(c) Applicability

    This AD applies to Leonardo S.p.a. (Type Certificate previously
held by Agusta S.p.A.) Model A109A and A109A II helicopters,
certificated in any category, with a slider assembly pitch control
(slider) part number (P/N) 109-0130-11-7 installed, except those
sliders marked with an ``R'' after the serial number.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 6720, Tail Rotor
Control System.

(e) Unsafe Condition

    This AD defines the unsafe condition as play on a slider. This
condition could result in loss of tail rotor pitch control and
consequently loss of helicopter control.

(f) Compliance

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

(g) Required Actions

    (1) Within 25 hours time-in-service (TIS) after the effective
date of this AD, and thereafter at intervals not to exceed 25 hours
TIS, inspect the slider for play. If there is play greater than 2.3
millimeters (0.09 inch), before further flight, replace the slider
with a slider P/N 109-0130-11-7 with suffix ``R'' marked after the
serial number.
    (2) Within 800 hours TIS after the effective date of this AD, if
not previously required per paragraph (g)(1) of this AD, replace
slider P/N 109-0130-11-7 with slider P/N 109-0130-11-7 with suffix
``R'' marked after the serial number.
    (3) Installing slider P/N 109-0130-11-7 with suffix ``R'' marked
after the serial number is a terminating action for the repetitive
inspections required by paragraph (g)(1) of this AD.
    (4) As of the effective date of this AD, do not install slider
P/N 109-0130-11-7 on any helicopter unless the slider is marked with
suffix ``R'' after the serial number.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation Branch, 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 International Validation Branch, send
it to the attention of the person identified in paragraph (i)(1) of
this AD. Information may be emailed to<EMAIL_ADDRESS>    (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.

(i) Related Information

    (1) For more information about this AD, contact Matthew Fuller,
AD Program Manager, Operational Safety Branch, Airworthiness
Products Section, General Aviation & Rotorcraft Unit, telephone
(817) 222-5110; email<EMAIL_ADDRESS>    (2) Leonardo Helicopters Alert Service Bulletin No. 109-149,
Revision A, dated May 18, 2020, which is not incorporated by
reference, contains additional information about the subject of this
AD. For service information identified in this AD, contact Leonardo
S.p.a. Helicopters, Emanuele Bufano, Head of Airworthiness, Viale
G.Agusta 520, 21017 C.Costa di Samarate (Va) Italy; telephone +39-
0331-225074; fax +39-0331-229046; or at https://www.leonardocompany.com/en/home. You may view this referenced
service information at the FAA, Office of the Regional Counsel,
Southwest Region, 10101 Hillwood Pkwy., Room 6N-321, Fort Worth, TX
76177. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>.
    (3) The subject of this AD is addressed in European Union
Aviation Safety Agency (EASA) AD 2020-0142, dated June 25, 2020. You
may view the EASA AD at https://www.regulations.gov in Docket No.
FAA-2021-0127.

    Issued on May 6, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-10191 Filed 5-13-21; 8:45 am]
BILLING CODE 4910-13-P


CHAPTER 22, ARTICLE 17. UNDERGROUND STORAGE TANK ACT.
§22-17-1. Short title.
      This article may be known and cited as the "Underground Storage Tank Act."
§22-17-2. Declaration of policy and purpose.
      The Legislature recognizes that large quantities of petroleum and hazardous substances are stored in underground storage tanks within the state of West Virginia and that emergency situations involving these substances can and will arise which may present a hazard to human health, safety or the environment. The Legislature also recognizes that some of these substances have been stored in underground storage tanks in the state in a manner insufficient to protect human health, safety or the environment. The Legislature further recognizes that the federal government has enacted Subtitle I of the federal Resource Conservation and Recovery Act of 1976, as amended, which provides for a federal program to remove the threat and remedy the effects of releases from leaking underground storage tanks and authorizes federal assistance to respond to releases of petroleum from underground storage tanks. The Legislature declares that the state of West Virginia desires to produce revenue for matching the federal assistance provided under the federal act; to create a program to control the installation, operation and abandonment of underground storage tanks and to provide for corrective action to remedy releases of regulated substances from these tanks. Therefore, the Legislature hereby enacts the West Virginia underground storage tank act to create an underground storage tank program and to assume regulatory primacy for such federal programs in this state.
§22-17-3. Definitions.
      (a) "Change in status" means causing an underground storage tank to be no longer in use or a change in the reported uses, contents or ownership of an underground storage tank.
      (b) "Director" means the director of the West Virginia division of environmental protection or such other person to whom the director has delegated authority or duties pursuant to sections six or eight, article one of this chapter.
      (c) "Nonoperational storage tank" means an underground storage tank in which regulated substances will not be deposited or from which regulated substances will not be dispensed after the eighth day of November, one thousand nine hundred eighty-four.
      (d) "Operator" means any person in control of, or having responsibility for, the daily operation of an underground storage tank.
      (e) "Owner" means:
      (1) In the case of an underground storage tank in use on the eighth day of November, one thousand nine hundred eighty-four, or brought into use after that date, a person who owns an underground storage tank used for the storage, use or dispensing of a regulated substance.
      (2) In the case of an underground storage tank in use before the eighth day of November, one thousand nine hundred eighty-four, but no longer in use on that date, a person who owned such a tank immediately before the discontinuation of its use.
      (f) "Person" means any individual, trust, firm, joint stock company, corporation (including government corporations), partnership, association, state, municipality, commission, political subdivision of a state, interstate body, consortium, joint venture, commercial entity and the United States government.
      (g) "Petroleum" means petroleum, including crude oil or any fraction thereof which is liquid at a temperature of sixty degrees Fahrenheit and a pressure of fourteen and seven-tenths pounds per square inch absolute.
      (h) "Regulated substance" means:
      (1) Any substance defined in section 101 (14) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, but not including any substance regulated as a hazardous waste under Subtitle C of the federal Resource Conservation and Recovery Act of 1976, as amended; or
      (2) Petroleum.
      (i) "Release" means any spilling, leaking, emitting, discharging, escaping, leaching or disposing from an underground storage tank into groundwater, surface water or subsurface soils.
      (j) "Subtitle I" means Subtitle I of the federal Resource Conservation and Recovery Act of 1976, as amended.
      (k) "Underground storage tank" means one tank or a combination of tanks, and the underground pipes connected thereto, which is used to contain an accumulation of regulated substances and the volume of which, including the volume of the underground pipes connected thereto, is ten percent or more beneath the surface of the ground, but does not include:
      (1) Farm or residential tanks with a capacity of eleven hundred gallons or less and used for storing motor fuel for noncommercial purposes;
      (2) Tanks used for storing heating oil for consumptive use on the premises where stored;
      (3) Septic tanks;
      (4) A pipeline facility, including gathering lines, regulated under the Natural Gas Pipeline Safety Act of 1968, or the Hazardous Liquid Pipeline Safety Act of 1979, or an intrastate pipeline facility regulated under state laws comparable to the provisions of either of those acts;
      (5) Surface impoundments, pits, ponds or lagoons;
      (6) Storm water or wastewater collection systems;
      (7) Flow-through process tanks;
      (8) Liquid traps or associated gathering lines directly related to oil or gas production and gathering operations; or
      (9) Storage tanks situated in an underground area such as a basement, cellar, mineworking, drift, shaft or tunnel, if the storage tank is situated upon or above the surface of the floor.
      The term "underground storage tank" does not include any pipes connected to any tank which is described in subparagraphs (1) through (9).
§22-17-4. Designation of division of environmental protection as the state underground storage tank program lead agency.
      The division of environmental protection is hereby designated as the state underground storage tank program lead agency for purposes of Subtitle I and is hereby authorized to take all actions necessary or appropriate to secure to this state the benefits of said legislation. In carrying out the purposes of this article, the director is hereby authorized to cooperate with the United States environmental protection agency, other agencies of the federal government, agencies of this state or other states, and other interested persons in all matters relating to underground storage tank regulation.
§22-17-5. Powers and duties of director; integration with other       acts.
      (a) In addition to all other powers and duties prescribed in this article or otherwise by law, and unless otherwise specifically set forth in this article, the director shall perform any and all acts necessary to carry out the purposes and requirements of Subtitle I.
      (b) The director shall cooperate with and may receive and expend money from the federal government or other source.
      (c) The director may accept applications for and issue policies of insurance to owners or operators of petroleum underground storage tanks that are subscribers to the underground storage tank insurance fund and may accept, review, pay and settle claims pursuant to those policies of insurance under such terms as the director may establish by rules proposed for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code.
      (d) The director may enter into any agreements, including reimbursement or subrogation agreements, contracts and cooperative arrangements under such terms and conditions as he or she deems appropriate, with other state agencies, educational institutions or other organizations and individuals as necessary to implement the provisions of this article.
      (e) The director may take such actions as are necessary and appropriate to carry out and enforce any agreements, contracts or cooperative arrangements entered into as provided in subsection (d) of this section, including the institution and prosecution of suits in any state or federal court or administrative tribunal, whether in the director's name or in the name of an insured or a subrogor.
§22-17-6. Promulgation of rules and standards by director.
      (a) The director has overall responsibility for the promulgation of rules under this article. In promulgating and revising such rules the director shall comply with the provisions of chapter twenty-nine-a of this code. Such rules shall be no more stringent than the rules and regulations promulgated by the United States environmental protection agency pursuant to Subtitle I.
      (b) The director shall promulgate rules applicable to owners or operators of underground storage tanks or other affected persons, as appropriate, as follows:
      (1) A requirement for a yearly registration fee for underground storage tanks;
      (2) A requirement that an owner or operator register with the director each underground storage tank after the effective date of the rules and that an owner or operator report annually on changes in status of any underground storage tank;
      (3) Such release detection, prevention and correction rules applicable to underground storage tanks as may be necessary to protect human health and the environment;
      (4) Requirements for maintaining a leak detection system, inventory control systems together with tank testing, or a comparable system or method designed to identify releases from underground storage tanks in a manner consistent with the protection of human health and the environment;
      (5) Requirements for maintaining records of any monitoring or leak detection system or inventory control system or tank testing system;
      (6) Rules for procedures and amount of fees to be assessed for the underground storage tank administrative fund, the leaking underground storage tank response fund and the underground storage tank insurance fund established pursuant to this article, which shall include a capitalization fee to be assessed against all owners or operators of underground tanks to be used for initial establishment of the underground storage tank insurance fund;
      (7) Procedures for making expenditures from the underground storage tank administrative fund, the leaking underground storage tank response fund and the underground storage tank insurance fund;
      (8) Acceptable methods by which an owner or operator may demonstrate financial responsibility;
      (9) Requirements for reporting of releases and corrective action taken in response to a release;
      (10) Requirements for taking corrective action in response to a release from an underground storage tank;
      (11) Requirements for the closure of tanks to prevent future releases of regulated substances to the environment;
      (12) Requirements for certification of installation, removal, retrofit, testing and inspection of underground storage tanks and leak detection systems by a registered professional engineer or other qualified person;
      (13) Requirements for public participation in the enforcement of the state underground storage tank program;
      (14) Procedures establishing when and how the director determines if information obtained by any agency under this article is confidential;
      (15) Standards of performance for new underground storage tanks;
      (16) Procedures for the review, acceptance, settlement and payment of claims under policies issued by the director pursuant to subsection (c) of section five of this article; or
      (17) Any other rules or standards necessary and appropriate for the effective implementation and administration of this article.
§22-17-7. Underground storage tank advisory committee; purpose.
      The underground storage tank advisory committee is continued. The committee is composed of seven members, which shall include a member of the West Virginia petroleum council, a member of the West Virginia service station dealers association, a member of the West Virginia petroleum marketers association, the director, a member of the West Virginia manufacturers association, the West Virginia insurance commissioner, and a representative from the citizenry-at-large who is appointed by the governor.
      The committee is advisory to the director and the division of environmental protection regarding the expenditure of funds from the leaking underground storage tank response fund and the underground storage tank insurance fund created by this article. The director shall deliver to the committee annually a report on expenditures made from each fund. The committee shall consider any matter brought before it by the director or any member of the committee and may consider any matter referred to it by a person not a member of the committee. At the conclusion of its consideration of any proposal, the committee shall make its recommendation to the director. The director is not bound by any recommendations of the committee. The committee may also formulate general or long-range plans for improvements in the administration of the funds for the consideration of the director.
      By the second Wednesday of January of each year the committee shall prepare and deliver to the director and to the Legislature a report of all matters it considered, recommendations it made and plans it formulated during the preceding calendar year. The report shall include any recommendation it may have for changes in the law which would be necessary to implement any of its administrative recommendations.
§22-17-8. Notification requirements.
      (a) Underground storage tank owners shall notify the director of any underground storage tank brought into use on or after the tenth day of June, one thousand nine hundred eighty-eight, within thirty days of such use, on a form prescribed by the director. The notice shall specify the date of tank installation, tank location, type of construction, size and age of such tank and the type of regulated substance to be stored therein. If, at the time this information is required to be submitted, the director has not prepared the form required by this section, the owner shall nevertheless submit the information in writing to the director.
      (b) A person who sells a tank intended to be used as an underground storage tank shall reasonably notify the owner or operator of such tank of the owner's notification requirements of this section.
      (c) A new owner of any underground storage tank shall notify the director in writing of the transfer of ownership of any underground storage tank. The new owner upon the effective date of such transfer becomes subject to all provisions of this article. The director may prescribe by rule the appropriate form and timing for such notification.
§22-17-9. Registration requirements; undertaking activities without registration.
      (a) No person may operate any underground storage tank for the purpose of storing any regulated substance identified or listed under this article without registering with the director and paying a registration fee for such underground storage tank.
      (b) No person may install any underground storage tank after the effective date of this article without first registering said tank in a form and manner prescribed by the director.
§22-17-10. Financial responsibility.
      The director shall promulgate rules, as provided in section six of this article, containing requirements for maintaining evidence of financial responsibility as deemed necessary and desirable for taking reasonable corrective action and for compensating third parties for bodily injury and property damage caused by sudden and nonsudden accidental releases arising from operating an underground storage tank. Such means of financial responsibility may include, but not be limited to, insurance, guarantee, surety bond, letter of credit, proof of assets or qualification as a self-insurer. In promulgating rules under this section, the director is authorized to specify policy or other contractual terms, conditions or defenses which are necessary or are unacceptable in establishing such evidence of financial responsibility in order to effectuate the purposes of this article.
§22-17-11. Performance standards for new underground storage tanks.
      (a) The director shall promulgate performance standards for new underground storage tanks as provided in section six of this article. The performance standards for new underground storage tanks shall include, but not be limited to, design, construction, installation, release detection and compatibility standards.
      (b) New underground storage tank construction standards must include at least the following requirements:
      (1) That an underground storage tank will prevent releases of regulated substances stored therein, which may occur as a result of corrosion or structural failure, for the operational life of the tank;
      (2) That an underground storage tank will be cathodically protected against corrosion, constructed of noncorrosive material, steel clad with a noncorrosive material or designed in a manner to prevent the release or threatened release of stored regulated substances; and
      (3) That materials used in the construction or lining of an underground storage tank are compatible with the regulated substances to be stored therein.
§22-17-12. Confidentiality.
      (a) Any records, reports or information obtained from any persons under this article shall be available to the public, except that upon a showing satisfactory to the director by any person that records, reports or information, or a particular part thereof, to which the director or any officer, employee, or representative thereof has access under this section, if made public, would divulge information entitled to protection under section 1905 of title 18 of the United States Code, such information or particular portion thereof is confidential in accordance with the purposes of this section, except that such record, report, document or information may be disclosed to other officers, employees, or authorized representatives of the United States environmental protection agency or of this state if such officers, employees or authorized representatives are implementing the provisions of this article.
      (b) Any person who knowingly and willfully divulges or discloses any information entitled to protection under this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than five thousand dollars, or imprisoned in the county jail for not more than one year, or both fined and imprisoned.
      (c) In submitting data under this article, a person required to provide such data may designate the data which he or she believes is entitled to protection under this section and submit such designated data separately from other data submitted under this article. A designation under this subsection shall be made in writing and in such manner as the director may prescribe.
§22-17-13. Inspections, monitoring and testing.
      (a) For the purposes of developing or assisting in the development of any rule, conducting any study, taking any corrective action or enforcing the provisions of this article, any owner or operator of an underground storage tank shall, upon request of the director, furnish information relating to such tanks, their associated equipment and contents, conduct reasonable monitoring or testing, permit the director or his or her authorized representative at all reasonable times to have access to, and to copy all records relating to such tanks and permit the director or his or her authorized representative to have access to the underground storage tank for corrective action.
      (b) For the purposes of developing or assisting in the development of any rule, conducting any study, taking corrective action or enforcing the provisions of this article, the director or his or her authorized representative may:
      (1) Enter at reasonable times any establishment or other place where an underground storage tank is located;
      (2) Inspect and obtain samples from any person of any regulated substances contained in such tank;
      (3) Conduct monitoring or testing of the tanks, associated equipment, contents or surrounding soils, air, surface, water or groundwater; and
      (4) Take corrective action as specified in this article.
      Each such inspection shall be commenced and completed with reasonable promptness.
§22-17-14. Corrective action for underground petroleum storage tanks.
      (a) Prior to the effective date of rules promulgated pursuant to subdivision (9) or (10), subsection (b), section six of this article, the director is authorized to:
      (1) Require the owner or operator of an underground storage tank to undertake corrective action with respect to any release of petroleum from said tank when the director determines that such corrective action shall be done properly and promptly by the owner or operator if, in the judgment of the director, such action is necessary to protect human health and the environment; or
      (2) Undertake corrective action with respect to any release of petroleum into the environment from an underground storage tank if, in the judgment of the director, such action is necessary to protect human health and the environment.
      The corrective action undertaken or required under this subsection shall be such as may be necessary to protect human health and the environment. The director shall use funds in the leaking underground storage tank response fund established pursuant to this article for payment of costs incurred for corrective action taken under subparagraph (2) of this subsection in the manner set forth in subsection (e), section twenty-one of this article. The director shall give priority in undertaking corrective actions under this subsection, and in issuing orders requiring owners or operators to undertake such actions, to releases of petroleum from underground storage tanks which pose the greatest threat to human health and the environment and where the director cannot identify a solvent owner or operator of the tank who will undertake action properly.
      (b) Following the effective date of rules promulgated under subdivision (9) or (10), subsection (b), section six of this article, all actions or orders of the director described in subsection (a) of this section shall be in conformity with such rules. Following such effective date the director may undertake corrective action with respect to any release of petroleum into the environment from an underground storage tank only if, in the judgment of the director, such action is necessary to protect human health and environment and one or more of the following situations exists:
      (1) If no person can be found within ninety days, or such shorter period as may be necessary to protect human health and the environment, who is an owner or operator of the tank concerned, subject to such corrective action rules and capable of carrying out such corrective action properly.
      (2) A situation exists which requires prompt action by the director under this subsection to protect human health and the environment.
      (3) Corrective action costs at a facility exceed the amount of coverage required pursuant to the provisions of section ten of this article and, considering the class or category of underground storage tank from which the release occurred, expenditures from the leaking underground storage tank response fund are necessary to assure an effective corrective action.
      (4) The owner or operator of the tank has failed or refused to comply with an order of the director under this section or of the environmental quality board under article one, chapter twenty-two-b of this code to comply with the corrective action rules.
      (c) The director is authorized to draw upon the leaking underground storage tank response fund in order to take action under subdivision (1) or (2), subsection (b) of this section if the director has made diligent good faith efforts to determine the identity of the party or parties responsible for the release or threatened release and:
      (1) He or she is unable to determine the identity of the responsible party or parties in a manner consistent with the need to take timely corrective action; or
      (2) The party or parties determined by the director to be responsible for the release or threatened release have been informed in writing of the director's determination and have been requested by the director to take appropriate corrective action but are unable or unwilling to take such action in a timely manner.
      (d) The written notice to a responsible party must inform the responsible party that if that party is subsequently found liable for releases pursuant to subsection (a) or (b) of this section, he or she will be required to reimburse the leaking underground storage tank response fund for the costs of the investigation, information gathering and corrective action taken by the director.
      (e) If the director determines that immediate response to an imminent threat to public health and welfare or the environment is necessary to avoid substantial injury or damage to persons, property or resources, corrective action may be taken pursuant to subsections (a) and (b) of this section without the prior written notice required by subdivision (2), subsection (c) of this section. In such a case the director must give subsequent written notice to the responsible party within fifteen days after the action is taken describing the circumstances which required the action to be taken without prior notice.
      (f) As used in this section, the term "owner" does not include any person who, without participating in the management of an underground storage tank and otherwise not engaged in petroleum production, refining or marketing, holds indicia of ownership primarily to protect the person's security interest in the tank.
§22-17-15. Administrative orders; injunctive relief; requests for reconsideration.
      (a) Whenever on the basis of any information, the director determines that any person is in violation of any requirement of this article, he or she may issue an order stating with reasonable specificity the nature of the violation and requiring compliance within a reasonable specified time period or the director may commence a civil action in the circuit court of the county in which the violation occurred or in the circuit court of Kanawha County for appropriate relief, including a temporary or permanent injunction. The director may, except as provided in subsection (b) of this section, stay any order he or she issues upon application, until the order is reviewed by the environmental quality board.
      (b) Any person issued an order may file a notice of request for reconsideration with the director not more than seven days from the issuance of such order. The notice of request for reconsideration shall identify the order to be reconsidered and shall set forth in detail the reasons for which reconsideration is requested. The director shall grant or deny the request for reconsideration within twenty days of the filing of the notice of request of reconsideration.
§22-17-16. Civil penalties.
      (a) Any violator who fails to comply with an order of the director issued under subsection (a), section fifteen of this article within the time specified in the order is liable for a civil penalty of not more than twenty-five thousand dollars for each day of continued noncompliance.
      (b) Any owner who knowingly: (1) Fails to register; or (2) submits false information pursuant to this article is liable for a civil penalty not to exceed ten thousand dollars for each tank which is not registered or for which false information is submitted.
      (c) Any owner or operator of an underground storage tank who fails to comply with any requirement or standard promulgated by the director under section six of this article is subject to a civil penalty not to exceed ten thousand dollars for each tank for each day of violation.
§22-17-17. Public participation.
      Any adversely affected person may intervene in any civil or administrative proceeding under this article when such person claims an interest relating to the property or transaction which is the subject of the action and such person is so situated that the disposition of the action may as a practical matter impair or impede his or her ability to protect that interest.
§22-17-18. Appeal to environmental quality board.
      Any person aggrieved or adversely affected by an order of the director made and entered in accordance with the provisions of this article may appeal to the environmental quality board, pursuant to the provisions of article one, chapter twenty-two-b of this code.
	       (a) The grantor in any deed or other instrument of conveyance or any lessor in any lease or other instrument whereby any real property is let for a period of time shall disclose in such deed, lease or other instrument the fact that such property, or the substrata of such property whether or not the grantor or lessor is at time of such conveyance or lease the owner of such substrata, contains an underground storage tank. The provisions of this subsection only apply to those grantors or lessors who owned or had an interest in the real property when the same or the substrata thereof contained an underground storage tank which was being actively used for storing any regulated substance or who have actual knowledge or reason to believe that such real property or the substrata thereof contains an underground storage tank.
      (b) Any lessee of real estate or of any substratum underlying said real estate who intends to install an underground storage tank in the leased real estate or any substratum underlying the same shall disclose in writing at the time of such lease, or within thirty days prior to such installation, such fact to the lessor of such real estate or substratum. Such disclosure shall describe the proposed location upon said property where the tank is to be located and all other information required by the director.
§22-17-19. Disclosures required in deeds and leases.
      (a) The grantor in any deed or other instrument of conveyance or any lessor in any lease or other instrument whereby any real property is let for a period of time shall disclose in such deed, lease or other instrument the fact that such property, or the substrata of such property whether or not the grantor or lessor is at time of such conveyance or lease the owner of such substrata, contains an underground storage tank. The provisions of this subsection only apply to those grantors or lessors who owned or had an interest in the real property when the same or the substrata thereof contained an underground storage tank which was being actively used for storing any regulated substance or who have actual knowledge or reason to believe that such real property or the substrata thereof contains an underground storage tank.
      (b) Any lessee of real estate or of any substratum underlying said real estate who intends to install an underground storage tank in the leased real estate or any substratum underlying the same shall disclose in writing at the time of such lease, or within thirty days prior to such installation, such fact to the lessor of such real estate or substratum. Such disclosure shall describe the proposed location upon said property where the tank is to be located and all other information required by the director.
funds; underground storage tank administrative fund.
      (a) The director shall collect annual registration fees from owners of underground storage tanks. The registration fee collected under this section shall not exceed twenty-five dollars per tank per year. All such registration fees and the net proceeds of all fines, penalties and forfeitures collected under this article including accrued interest shall be paid into the state treasury into a special fund designated "the underground storage tank administrative fund" to be used to defray the cost of administering this article in accordance with rules promulgated pursuant to section six of this article.
      (b) The total fee assessed shall be sufficient to assure a balance in the fund of not to exceed four hundred thousand dollars at the beginning of each year.
      (c) Any amount received pursuant to subsection (a) of this section which exceeds the annual balance required in subsection (b) of this section shall be deposited into the leaking underground storage tank response fund established pursuant to this article to be used for the purposes set forth therein.
      (d) The net proceeds of all fines, penalties and forfeitures collected under this article shall be appropriated as directed by article XII, section 5 of the constitution of West Virginia. For the purposes of this section, the net proceeds of such fines, penalties and forfeitures are the proceeds remaining after deducting therefrom those sums appropriated by the Legislature for defraying the cost of administering this article. In making the appropriation for defraying the cost of administering this article, the Legislature shall first take into account the sums included in such special fund prior to deducting such additional sums as may be needed from the fines, penalties and forfeitures collected pursuant to this article. At the end of each fiscal year any unexpended balance of such collected fines, penalties, forfeitures and registration fees shall not be transferred to the general revenue fund but shall remain in the fund.
§22-17-21. Leaking underground storage tank response fund.
      (a) Each underground petroleum storage tank owner within this state shall pay an annual fee, if assessed by the director, to establish a fund to assure adequate response to leaking underground petroleum storage tanks. The fees assessed pursuant to this section shall not exceed twenty-five dollars per tank per year. The proceeds of such assessment shall be paid into the state treasury into a special fund designated "the leaking underground storage tank response fund," which is hereby continued.
      (b) Each owner of an underground petroleum storage tank subject to a fee assessment under subsection (a) of this section shall pay a fee based on the number of underground petroleum storage tanks he or she owns. The director shall vary the fees annually to a level necessary to produce a fund of at least seven hundred fifty thousand dollars at the beginning of each calendar year taking into account those amounts deposited in the fund pursuant to subsection (c), section twenty of this article. In no event shall the fees assessed in this section be set to produce revenues exceeding two hundred fifty thousand dollars in any year.
      (c) When the unobligated balance of the leaking underground storage tank response fund exceeds one million dollars at the end of a calendar year, fee assessment under this section shall cease until such time as the unobligated balance at the end of any year is less than seven hundred fifty thousand dollars.
      (d) At the end of each fiscal year, any unexpended balance including accrued interest of such collected fees shall not be transferred to the general revenue fund but shall remain in the fund.
      (e) The director is authorized to enter into agreements and contracts and to expend the moneys in the fund for the following purposes:
      (1) Responding to underground petroleum storage tank releases when, based on readily available information, the director determines that immediate action may prevent or mitigate significant risk of harm to human health, safety or the environment from regulated substances in situations for which no federal funds are immediately available for such response, cleanup or containment: Provided, That the director shall apply for and diligently pursue available federal funds for such releases at the earliest possible time.
      (2) Reimbursing any person for reasonable cleanup costs incurred with the authorization of the director in responding to an underground petroleum storage tank release.
      (3) Reimbursing any person for reasonable costs incurred with the authorization of the director responding to perceived, potential or threatened releases from underground petroleum storage tanks where response activities do not indicate that any release has occurred.
      (4) Financing the nonfederal share of the cleanup and site reclamation activities pursuant to Subtitle I of the federal Resource Conservation and Recovery Act, as amended, as well as future operation and maintenance costs for these sites: Provided, That no portion of the moneys in the leaking underground storage tank response fund shall be used for defraying the costs of administering this article.
      (5) Financing the nonfederal share of costs incurred in compensating third parties, including payment of judgments, for bodily injury and property damage, caused by release of petroleum into the environment from an underground storage tank.
§22-17-22. Underground storage tank insurance fund.
      (a) The director may establish an underground storage tank insurance fund for the purpose of satisfying the financial responsibility requirements established pursuant to section ten of this article. In addition to the capitalization fee to be assessed against all owners or operators of underground storage tanks provided by subdivision (6), subsection (b), section six of this article, the director shall promulgate rules establishing an annual financial responsibility assessment to be assessed on and paid by owners or operators of underground storage tanks who are unable to obtain insurance or otherwise meet the financial responsibility requirements established pursuant to section ten of this article. Such assessments shall be paid into the state treasury into a special fund designated "the underground storage tank insurance fund".
      (b) At the end of each fiscal year, any unexpended balance of such assessment shall not be transferred to the general revenue fund but shall remain in the underground storage tank insurance fund.
§22-17-23. Duplicative enforcement prohibited.
      No enforcement proceeding brought pursuant to this article may be duplicated by an enforcement proceeding subsequently commenced under some other article of this code with respect to the same transaction or event unless such subsequent proceeding involves the violation of a permit or permitting requirement of such other article.