                                                                      6560-50-P
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 60, 62, and 63
[EPA-HQ-OAR-2002-0047; FRL-6838.1-03-OAR]
RIN 2060-AV01
National Emission Standards for Hazardous Air Pollutants: Municipal Solid Waste Landfills Residual Risk and Technology Review; Correction
AGENCY: Environmental Protection Agency (EPA)
ACTION: Final rule.
SUMMARY: In this action, the U.S. Environmental Protection Agency (EPA) is finalizing technical revisions and clarifications for the national emission standards for hazardous air pollutants (NESHAP) for MSW Landfills established in the March 26, 2020, final rule. This final rule also amends the MSW Landfills NSPS at 40 CFR part 60, subpart XXX, to clarify and align the timing of compliance for certain requirements involving installation of a gas collection and control system (GCCS) under related MSW landfill rules. Additionally, the EPA is revising the definition of Administrator in the MSW Landfills Federal Plan that was promulgated on May 21, 2021 to clarify who has the authority to implement and enforce the applicable requirements. The EPA is also making some minor typographical corrections.
DATES: The final rule is effective [INSERT DATE OF PUBLICATION IN THE FEDERAL REGISTER].
ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-HQ-OAR-2002-0047. All documents in the docket are listed on the https://www.regulations.gov/ website. Although listed, some information is not publicly available, e.g., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through https://www.regulations.gov/ or in hard copy at the EPA Docket Center, WJC West Building, Room 3334, 1301 Constitution Avenue, NW, Washington, DC. The EPA has temporarily suspended its Docket Center and Reading Room for public visitors to reduce the risk of transmitting COVID-19. Our Docket Center staff will continue to provide remote customer service via email, phone, and webform. The EPA continues to carefully and continuously monitor information from the Centers for Disease Control (CDC), local area health departments, and our Federal partners so that the EPA can respond rapidly as conditions change regarding COVID-19. For further information on EPA Docket Center services and the current status, please visit the docket online at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: For questions about this final action, contact Andy Sheppard, Sector Policies and Programs Division (E143-03), Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711; telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; and email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
Preamble acronyms and abbreviations. The EPA uses multiple acronyms and terms in this preamble. While this list may not be exhaustive, to ease the reading of this preamble and for reference purposes, the EPA defines the following terms and acronyms here:
CAA 	Clean Air Act
CBI	Confidential Business Information
CFR 	Code of Federal Regulations
COVID-19	coronavirus disease of 2019
EPA 	Environmental Protection Agency
GCCS	gas collection and control system
HAP	hazardous air pollutants
m[3]	cubic meter
Mg	megagram
MSW	municipal solid waste
NMOC	nonmethane organic compounds
NSPS 	new source performance standards
NTTAA 	National Technology Transfer and Advancement Act
OMB 	Office of Management and Budget
PRA 	Paperwork Reduction Act
RFA	Regulatory Flexibility Act
RTR	risk and technology review
SSM	startup, shutdown, and malfunction
RIN	Regulatory Information Number
UMRA	Unfunded Mandate Reform Act

Organization of this document. The information in this preamble is organized as follows:
I. General Information
A. Does this final action apply to me?
B. Where can I get a copy of this document and other related information?
C. What is the statutory authority for this action?
D. Judicial Review
II. Background
A. What is the regulatory development background for this final action?
B. What is the purpose of this action?
III. Summary of Changes Since Proposal and Response to Comments
A. Wellhead Monitoring
B. Compliance Timing
C. Technical and Typographical Corrections
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review
B. Paperwork Reduction Act (PRA)
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act (UMRA)
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination with Indian Tribal Governments
G. Executive Order 13045: Protection of Children from Environmental Health Risks and Safety Risks
H. Executive Order 13211: Actions Concerning Regulations that Significantly Affect Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act (NTTAA) and 1 CFR part 51
J. Executive Order 12898: Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations
K. Congressional Review Act (CRA)

I. General Information
A. Does this action apply to me?
Table 1 of this preamble lists the associated regulated industrial source categories that are the subject of this final rule. Table 1 is not intended to be exhaustive, but rather provides a guide for readers regarding the entities that this action is likely to affect. The standards, once promulgated, will be directly applicable to the affected sources. Federal, state, local, and tribal government entities could be affected by this action because these entities are often the owners or operators of MSW landfills. As defined in the Initial List of Categories of Sources Under Section 112(c)(1) of the Clean Air Act Amendments of 1990 (57 FR 31576, July 16, 1992) and Documentation for Developing the Initial Source Category List, Final Report (see EPA-450/3-91-030; July 1992), the MSW Landfills source category is any facility that is an entire disposal facility in a contiguous geographical space where household waste is placed in or on land. An MSW landfill may also receive commercial waste, sludges, and industrial waste. An MSW landfill may also receive other types of Resource Conservation and Recovery Act (RCRA) Subtitle D wastes (see 40 CFR  257.2) such as commercial solid waste, nonhazardous sludge, conditionally exempt small quantity generator waste, and industrial solid waste. Portions of an MSW landfill may be separated by access roads. An MSW landfill may be publicly or privately owned.
Questions regarding the applicability of this final action to a particular entity should be directed to the person listed in the preceding FOR FURTHER INFORMATION CONTACT section.
         TABLE 1. INDUSTRIAL SOURCE CATEGORIES AFFECTED BY THIS ACTION
                                Source Category
                                 NAICS Code[1]
Industry: Air and water resource and solid waste management
924110
Industry: Refuse systems--solid waste landfills
562212
State, local, and tribal government agencies
562212, 924110
[1] North American Industry Classification System.

B. Where can I get a copy of this document and other related information?
In addition to being available in the docket, an electronic copy of this action is available on the Internet. Following signature by the EPA Administrator, the EPA will post a copy of this final action at https://www.epa.gov/stationary-sources-air-pollution/municipal-solid-waste-landfills-national-emission-standards. Following publication in the Federal Register, the EPA will post the Federal Register version of this final action at this same website.
C. What is the statutory authority for this action?
The statutory authority for revisions to the MSW Landfills NESHAP (40 CFR part 63, subpart AAAA) is provided by sections 112 and 301 of the Clean Air Act (CAA), as amended (42 U.S.C. 7412 and 7401). The statutory authority for revisions to the MSW Landfills New Source Performance Standards (40 CFR part 60, subpart XXX) and the Federal Plan (40 CFR part 62, subpart OOO) is provided by sections 111 and 301 of the CAA (42 U.S.C. 7411 and 7401).
The EPA finds that it has good cause to make these revisions immediately effective upon publication under section 553(d) of the Administrative Procedure Act, 5 U.S.C. 553(d). Section 553(d) provides that final rules shall not become effective until 30 days after publication in the Federal Register "except . . . as otherwise provided by the agency for good cause." The purpose of this provision is to "give affected parties a reasonable time to adjust their behavior before the final rule takes effect." Omnipoint Corp. v. Fed. Commc'n Comm'n, 78 F.3d 620, 630 (D.C. Cir. 1996); see also United States v. Gavrilovic, 551 F.2d 1099, 1104 (8th Cir. 1977) (quoting legislative history). Thus, in determining whether good cause exists to waive the 30-day delay, an agency should, "balance the necessity for immediate implementation against principles of fundamental fairness which require that all affected persons be afforded a reasonable amount of time to prepare for the effective date of its ruling." Gavrilovic, 551 F.2d at 1105. The EPA has determined that there is good cause under section 553(d) for making this final rule effective immediately because this action clarifies the regulatory provisions that already apply to regulatory sources as well as the compliance deadline for controlled landfills that become subject to the 2016 MSW Landfills NSPS through modification is September 27, 2021. Making this rule effective immediately upon publication will minimize confusion and increase compliance certainty.
D. Judicial Review
Under CAA section 307(b)(1), judicial review of this final rule is available only by filing a petition for review in the U.S. Court of Appeals for the District of Columbia Circuit by [INSERT DATE 60 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER]. Moreover, under section 307(b)(2) of the CAA, the requirements established by this final rule may not be challenged separately in any civil or criminal proceedings brought by the EPA to enforce these requirements. Section 307(d)(7)(B) of the CAA further provides that "[o]nly an objection to a rule or procedure which was raised with reasonable specificity during the period for public comment (including any public hearing) may be raised during judicial review." This section also provides a mechanism for the EPA to convene a proceeding for reconsideration, "[i]f the person raising an objection can demonstrate to the EPA that it was impracticable to raise such objection within [the period for public comment] or if the grounds for such objection arose after the period for public comment, (but within the time specified for judicial review) and if such objection is of central relevance to the outcome of the rule." Any person seeking to make such a demonstration should submit a Petition for Reconsideration to the Office of the Administrator, U.S. EPA, Room 3000, WJC South Building, 1200 Pennsylvania Ave., NW, Washington, DC 20460, with a copy to both the person listed in the preceding FOR FURTHER INFORMATION CONTACT section, and the Associate General Counsel for the Air and Radiation Law Office, Office of General Counsel (Mail Code 2344A), U.S. EPA, 1200 Pennsylvania Ave., NW, Washington, DC 20460.
II. Background
A. What is the regulatory development background and legal authority for this action?
The NESHAP regulates HAP emissions from MSW landfills that are either major or area sources, and applies to MSW landfills that have accepted waste since November 8, 1987, or have additional capacity for waste deposition and are major sources, are collocated with major sources, or are area source landfills with a design capacity equal to or greater than 2.5 million megagrams (Mg) and 2.5 million cubic meters (m[3]) and have estimated uncontrolled emissions equal to or greater than 50 megagrams per year (Mg/yr) of non-methane organic compounds (NMOC). The NESHAP also applies to MSW landfills that have accepted waste since November 8, 1987, or have additional capacity for waste deposition and include a bioreactor and are major sources, are collocated with major sources, or are area source landfills with a design capacity equal to or greater than 2.5 million Mg and 2.5 million m[3] that were not permanently closed as of January 16, 2003.
The EPA completed the residual risk and technology review (RTR) for the Municipal Solid Waste (MSW) Landfills source category as regulated under the MSW Landfills NESHAP and promulgated amendments to 40 CFR part 63, subpart AAAA on March 26, 2020. (85 FR 17244). The rule finalized the EPA's determination that risks from this source category are acceptable and that the standards provide an ample margin of safety to protect public health and prevent an adverse environmental effect. There were no revisions to the NESHAP based on our analyses conducted under CAA section 112(f). However, the final rule clarified regulatory provisions related to emissions during periods of startup, shutdown, and malfunction (SSM); revised wellhead operational standards and corrective action to improve effectiveness and provide compliance flexibility; incorporated provisions from the MSW Landfills NSPS; and added requirements for electronic reporting of performance test results. The EPA subsequently corrected inadvertent errors in the cross-referencing and formatting of the final rule and made minor clarifications to the operational and reporting requirements. (85 FR 64398, October 13, 2020).
In August 2016, the EPA finalized changes to the NSPS for MSW landfills resulting from the EPA's under Clean Air Act (CAA) section 111. In order to avoid possible confusion regarding which MSW landfills would actually be subject to these changes, the EPA established a new subpart XXX (40 CFR part 60, subpart XXX) rather than merely updating the existing subpart WWW (40 CFR part 60, subpart WWW). One of the key changes in the new subpart XXX was the lowering of the emissions threshold for installing controls from 50 megagrams per year (Mg/yr) to 34 Mg/yr. (81 FR 59332, August 29, 2016).
At the same time, the EPA reviewed the existing emission guideline (EG) (subpart Cc) and determined it was appropriate to revise it consistent with the promulgation of the new NSPS subpart XXX. Rather than merely updating subpart Cc, the EPA determined that the most appropriate way to proceed was to establish a new subpart Cf. (81 FR 59276, August 29, 2016).
The promulgation of the MSW landfills EG (subpart Cf) triggered states' obligation to submit state plans applying the updated EG to existing sources located in their states. The EPA found a number of states failed to submit state plans for the 2016 MSW Landfills EG. (85 FR 14474, March 12, 2020). In May of 2021, the EPA promulgated a Federal plan to implement the 2016 MSW Landfills EG for existing MSW landfills located in jurisdications where the EPA had not approved a state or tribal plan. (86 FR 27756, May 21, 2021).
B. What is the purpose of this action?
On April 13, 2021, the EPA proposed technical revisions and clarifications for the NESHAP for MSW Landfills and the EPA proposed clarifying amendments to the MSW Landfills NSPS. See 86 FR 19176. In this action, the EPA finalizes technical revisions and clarifications for the NESHAP for MSW Landfills established in the March 26, 2020, final rule. These technical revisions correct inadvertent errors in the NESHAP for MSW Landfills. This action clarifies the following: wellhead monitoring requirements for the purpose of identifying excess air infiltration; delegation of authority to state, local, or tribal agencies for "emission standards;" applicability of the General Provisions to affected MSW landfills; and handling of monitoring data for combustion devices during periods of monitoring system breakdowns, repairs, calibration checks, and adjustments. This action also amends the MSW Landfills NSPS at 40 CFR part 60, subpart XXX, to clarify the timing of compliance for certain requirements of the MSW Landfills NSPS for existing MSW landfills that have been modified but previously triggered the requirement to install a GCCS under related MSW landfill rules. Additionally, the EPA is revising the definition of Administrator in the MSW Landfills Federal Plan that was promulgated on May 21, 2021, to clarify who is the administrator for the Federal plan and the administrator for a state plan. The EPA is also making some minor typographical corrections to NESHAP and the Federal Plan.
III. Summary of Changes Since Proposal and Response to Comments
The EPA received two comment letters on the proposed revisions to the MSW Landfills NESHAP and NSPS (EPA-HQ-OAR-2002-0047-0111, EPA-HQ-OAR-2002-0047-0112). This section summarizes the EPA's response to those comments and indicates where the EPA has made additional changes to the proposed revisions to the MSW Landfills NESHAP and NSPS, in part, in response to those public comments. The changes include clarifications to the wellhead monitoring requirements [including test methods], and clarifications to the compliance times for various landfills, especially those modifying and becoming subject to 40 CFR part 60, subpart XXX. For more information, see the response to comments document, titled, Summary of Public Comments and EPA's Responses for the Proposed Corrections to National Emission Standards for Hazardous Air Pollutants: Municipal Solid Waste Landfills Residual Risk and Technology Review; Correction, which is available in the docket for this action.
A. Wellhead Monitoring
Comment: Commenter (0111) suggested that the EPA add language to 40 CFR 63.1981(k) to clarify whether or not a 24-hour high temperature report is required for wells with landfill gas temperatures greater than 170 degrees Fahrenheit but less than an approved higher operating value (HOV).
Response: The EPA is amending 40 CFR 63.1981(j)(2) to clarify that the corrective action and corresponding timelines are not required if the landfill has an approved HOV. We added the following phrase to the end of 40 CFR 63.1981 (j)(2): "unless a higher operating temperature value has been approved by the Administrator for the well under this subpart or under 40 CFR part 60, subpart WWW; 40 CFR part 60, subpart XXX; or a Federal plan or EPA approved and effective state plan or tribal plan that implements either 40 CFR part 60, subpart Cc or 40 CFR part 60, subpart Cf."
Comment: Commenter (0112) requested that EPA re-evaluate its proposal to require five 1-minute averages to be limited to 7 parts per million (ppm) variance. The commenter (0112) contends that the proposed requirement is unnecessarily prescriptive and says that although this low level of variability may be appropriate for some stationary sources of air emissions, such as controlled manufacturing processes, landfills may experience more variability than this limitation would allow. Commenter (0112) asserted that EPA has neither provided an explanation for why this requirement is necessary, nor shown that it can be achieved by landfills. Moreover, this requirement does not appear to be a necessary clarification or correction but rather an entirely new and unjustified compliance obligation. Therefore, unless and until EPA demonstrates a need for this requirement and that it is achievable by landfills, EPA should not finalize it in this corrections rule.
Response: The EPA believes that a limited variability provision would increase the data quality when collecting samples pursuant to 40 CFR 1961(a)(5)(vi)(D). However, the EPA agrees with the commenter that the CO concentrations can, under certain conditions (e.g., underground fires), exhibit short term CO variability higher than 7 ppm. Therefore, the EPA has removed the 7 ppm variability requirement and may revisit this when more data is available.
Comment: Commenter (0112) requested that the EPA clarify language in 40 CFR 63.1961(a)(5)(vii) directing that enhanced monitoring "must begin 7 days after the first measurement" to provide that monitoring "must begin within 7 days to account for landfill operating hours, including weekends and holidays."
Response: The EPA has revised 40 CFR 63.1961(a)(5)(vii) to clarify that the requirement is to begin enhanced monitoring 7 calendar days after the first measurement of landfill gas temperature greater than 62.8 degrees Celsius (145 degrees Fahrenheit). Decomposition of waste and monitoring a landfill are 24-hour per day/365 day per year operation where conditions change constantly. The EPA determined that it is reasonable and necessary to begin enhanced monitoring within 7 calendar days to keep a check on high temperature conditions in the landfill and minimize the potential for a landfill fire.
B. Compliance Timing
In the proposed rule, the EPA requested comment on whether the proposed modifications to the 2016 MSW Landfills NSPS regulations adequately clarify the expected compliance deadlines for controlled landfills that become subject to the 2016 MSW Landfills NSPS through modification and/or whether other approaches are needed to align the timing provisions of the 2016 MSW Landfills NSPS with the timing provisions of the MSW Landfills NESHAP. (86 FR 19176, 19182, April 13, 2021)
Comment: Commenter (0111) requested that the EPA should specify compliance deadlines for three categories of landfills:
(1) Landfills with an NMOC emission rate less than 34 megagrams per year that become subject to subpart XXX through modification;
(2) uncontrolled landfills with an NMOC emission rate between 34 and 50 megagrams per year that become subject to subpart XXX through modification; and
(3) controlled landfills that become subject to subpart XXX through modification.
Response: The EPA recognizes that from July 17, 2014 (the applicability date of the NSPS) to June 21, 2021 (the effective date of the Federal plan at 40 CFR part 62 subpart OOO), landfills that modify could become subject to 40 CFR part 60, subpart XXX after having previously been subject to 40 CFR part 62, subpart GGG; 40 CFR part 60, subpart WWW; or a state plan implementing 40 CFR part 60, subpart Cf or subpart Cc. By virtue of this final action, the EPA is clarifying that landfills that meet the definition of a "controlled landfill" would not receive an additional 30 months to comply when they transition to subpart XXX.
The EPA notes that after June 21, 2021, all three groups of landfills that modify as identified in this comment will have been previously subject only to either a state plan implementing 40 CFR part 62, subpart Cf, or 40 CFR part 62, subpart OOO to 40 CFR part 60, subpart XXX. The EPA is clarifying in this rule that compliance timing for landfills that become subject to subpart XXX after previously being subject to the Federal plan subpart OOO depends on whether the facility is a legacy controlled landfill, a controlled landfill or an uncontrolled landfill, and the results and timing of the landfill's NMOC emission rate report.
Landfills with an NMOC emission rate less than 34 megagrams per year that later become subject to subpart XXX through modification and have not installed controls should follow the requirements in subpart XXX, including the 30-month window to install and operate a GCCS. The landfill will submit their first NMOC report within 90 days of the date of construction or modification. The landfill could submit a revised NMOC report based on Tier 2 within 180 days of that first report, if desired.
For uncontrolled landfills with an NMOC emission rate equal to or greater than 34 but less than 50 megagrams per year that later become subject to subpart XXX through modification, we are clarifying that the 30-month clock for previously uncontrolled landfills will begin at the first report containing NMOC emissions greater than or equal to 34 Mg/yr NMOC that was submitted under any of the following subparts: 40 CFR part 60, subpart XXX or a state plan implementing subpart Cf; or 40 CFR part 62, subpart OOO. We are starting the 30-month clock at the NMOC report submitted under that subpart for these landfills with an NMOC emission rate equal to or greater than 34 but less than 50 megagrams per year because the landfill was not otherwise subject to any requirement to install and operate GCCS until they became subject to these subparts.
For controlled landfills that become subject to subpart XXX through modification, we do not intend to restart the 30-month clock for landfills reporting NMOC emissions greater than or equal to 50 Mg/yr NMOC under 40 CFR part 60, subpart WWW or Cc; or 40 CFR part 62, subpart GGG, and that submitted a design plan before the effective date of these 2021 subpart XXX amendments. These landfills already started the "control" process under the previous subparts and must stay on that previously triggered 30-month timeframe to install a GCCS in a timely manner.
Comment: Commenter (0112) disagreed with the EPA's proposal not to allow 30 months to install and operate a GCCS as the landfill transitions to a new subpart. However, the commenter (0112) recognized that landfills with emissions 50 Mg/yr NMOC or greater will be required to begin complying with the same requirements to install and operate GCCS pursuant to NESHAP AAAA as of September 28, 2021.
Response: For controlled landfills that become subject to subpart XXX through modification, the EPA does not agree that it would be appropriate to restart the 30-month clock for landfills reporting NMOC emissions greater than or equal to 50 Mg/yr NMOC under 40 CFR part 60, subpart WWW or Cc; or 40 CFR part 62, subpart GGG and that submitted a design plan before the effective date of these 2021 subpart XXX amendments. These landfills already started the "control" process under the previous subparts and it is reasonable to require these landfills to stay on that 30-month timeframe to install a GCCS in a timely manner. The commenter has not provided any information that would justify any further delay in the implementation of GCCS.
Comment: Commenter (0112) disagreed with using any subpart WWW reports between 34 and 50 Mg/yr NMOC as the trigger for the 30-month timeframe for installation of GCCS since this would not allow the landfill sufficient time to prepare a design plan and install the GCCS. The commenter (0112) suggested alternative regulatory text.
Response: The EPA recognizes that previous regulatory requirements are based on an emission rate threshold of 50 Mg/yr NMOC and that newer regulatory requirements are based on an emission rate threshold of 34 Mg/yr NMOC. With these technical revisions, we intend to clarify the application of the 30-month clock for previously uncontrolled landfills reporting NMOC emissions greater than or equal to 34 Mg/yr NMOC and less than 50 Mg/yr NMOC under 40 CFR part 60, subpart XXX or Cf; or 40 CFR part 62, subpart OOO. We are starting the 30-month clock at the NMOC report submitted under those subparts for those landfills that exceeded 34 Mg/yr NMOC because the 34-50 Mg/yr NMOC threshold did not apply until they became subject to these subparts.
However, we do not intend to restart the 30-month clock for landfills reporting NMOC emissions greater than or equal to 50 Mg/yr NMOC under 40 CFR part 60, subpart WWW or Cc; or 40 CFR part 62, subpart GGG and that submitted a design plan before the effective date of these 2021 subpart XXX amendments. These landfills already started the "control" process under the previous subparts and it is reasonable to require these landfills to stay on that 30-month timeframe to install a GCCS in a timely manner.
The EPA is revising 40 CFR 60.762(b)(2)(ii)(A) to read as follows:
      "(A) The first annual report submitted under this subpart or part 62 of this subchapter in which the NMOC emission rate equals or exceeds 34 megagrams per year, unless Tier 2 or Tier 3 sampling demonstrates that the NMOC emission rate is less than 34 megagrams per year, as specified in  §60.767(c)(4); or"

This approach points to 40 CFR part 60, subpart XXX or 40 CFR part 62 (the Federal plan subpart OOO or state plans implementing subpart Cf). When these subpart XXX amendments are finalized, all "existing" landfills will be subject to the state and/or Federal plan implementing subpart Cf because the Federal plan became effective on June 21, 2021. Subpart OOO handles the legacy controllers separately and gives a full 30 months for landfills with NMOC emissions greater than 34 Mg/yr and less than 50 Mg/yr.
C. Technical and Typographical Corrections
In this final action, the EPA is revising the definition of Administrator at 40 CFR 62.16730 in the MSW Landfills Federal Plan that was promulgated on May 21, 2021 (86 FR 27756). The revision makes the definition consistent with other Federal plans such as the Federal Plan Requirements for Sewage Sludge Incineration Units (40 CFR part 62, subpart LLL), which distinguishes between the administrator of the Federal plan and the administrator of a state plan. In developing the MSW Landfills Federal Plan, the EPA inadvertently retained the definition of Administrator from the Emission Guidelines (40 CFR part 60, subpart Cf), which was written in the context of states preparing a state plan. As currently written, the definition could be interpreted to allow non-delegated authority to implement and enforce the Federal plan. In the context of the Federal plan, the revised definition of Administrator clarifies that the EPA Administrator or his/her authorized representative have the authority to implement and enforce the Federal plan. To add clarity in the context of developing State plans, the EPA has further revised the definition of Administrator to clearly identify the director of the state air pollution control agency or his/her authorized representative, which will better allow states to incorporate by reference the Federal plan as their state rule applying to landfills in the state.
The EPA is also correcting typographical errors in the MSW Landfills NESHAP that were published in the Federal Register on March 26, 2020 (85 FR 17244) and the MSW Landfills Federal Plan that was published in the Federal Register on May 21, 2021 (86 FR 27756). In the MSW Landfills NESHAP, the EPA is correcting 40 CFR 63.1981(n) to change September 2, 2021 to September 27, 2021. In the MSW Landfills Federal Plan, the EPA is correcting a cross reference error in 40 CFR 62.16712(b) and (c). Both paragraphs incorrectly refer to 40 CFR 62.16712(c)(3), which does not exist. The correct reference is to 40 CFR 62.16712(d). Finally, the EPA is correcting the omission of the word "is" in 40 CFR 62.16714(a)(4), so that the correct reading is: The landfill is in the closed landfill subcategory and has an NMOC emission rate greater than or equal to 50 megagrams per year.
Section 553 of the Administrative Procedure Act, 5 U.S.C. 553(b)(B), provides that, when an agency for good cause finds that notice and public procedure are impracticable, unnecessary, or contrary to the public interest, the agency may issue a rule without providing notice and an opportunity for public comment. The EPA has determined that there is good cause for making these technical and typographical changes without prior proposal and opportunity for comment because, as explained here above, the technical correction to the definition of Administrator and the typographical changes are noncontroversial in nature and do not substantively change the requirements of the MSW Landfills regulations. Thus, notice and opportunity for public comment are unnecessary for these changes. The EPA finds that this constitutes good cause under 5 U.S.C. 553(b)(B).
IV. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and was, therefore, not submitted to the Office of Management and Budget (OMB) for review.
B. Paperwork Reduction Act (PRA)
This action does not impose any new information collection burden under the PRA. OMB has previously approved the information collection activities contained in the existing regulations and has assigned OMB control number 2060 - 0505 for the NESHAP and OMB control number 2060-0697 for the NSPS. The revisions include technical corrections to the NESHAP and NSPS and do not pose any changes to the information collection burden for either.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic impact on a substantial number of small entities under the RFA. In making this determination, EPA concludes that the impact of concern for this rule is any significant adverse economic impact on small entities and that the agency is certifying that this rule will not have a significant economic impact on a substantial number of small entities if the rule has no net burden on the small entities subject to the rule. This action includes only technical corrections to provisions from the March 26, 2020, final RTR rulemaking and clarifying amendments to 2016 MSW Landfills NSPS and does not implement new requirements. We have therefore concluded that this action will have no net regulatory burden for all directly regulated small entities.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain an unfunded mandate of $100 million or more as described in UMRA, 2 U.S.C. 1531 - 1538, and does not significantly or uniquely affect small governments. Although state, local, or tribal governments own and operate landfills subject to these final amendments, this action includes only technical corrections to provisions from the March 26, 2020, final RTR rulemaking and clarifying amendments to the 2016 MSW Landfills NSPS and there are no impacts resulting from this regulatory action.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government.
F. Executive Order 13175: Consultation and Coordination with Indian Tribal Governments
This action has tribal implications as specified in Executive Order 13175. However, it will neither impose substantial direct compliance costs on federally recognized tribal governments nor preempt tribal law. As explained in the March 26, 2020, final rule, the EPA previously identified one tribe that owns three landfills that are potentially subject to the MSW Landfills NESHAP. However, this action includes only technical corrections to provisions from the March 26, 2020, final RTR rulemaking and clarifying amendments to the subpart XXX NSPS and does not impose any new requirements on tribes.
G. Executive Order 13045: Protection of Children from Environmental Health Risks 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 Concerning Regulations that Significantly Affect Energy Supply, Distribution, or Use
This action is not subject to Executive Order 13211 because it is not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act (NTTAA)
This rulemaking does not involve technical standards.
J. Executive Order 12898: Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations
The EPA believes that this action is not subject to Executive Order 12898 (59 FR 7629; February 16, 1994) because it does not establish an environmental health or safety standard. This regulatory action is a technical correction to a previously promulgated regulatory action and does not have any impact on human health or the environment.
K. Congressional Review Act (CRA)
This action is subject to the CRA and the EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. This action is not a "major rule" as defined by 5 U.S.C. 804(2).

List of Subjects
 40 CFR Part 60
Environmental protection, Administrative practice and procedure, Air pollution control, Hazardous substances, Intergovernmental relations, Reporting and recordkeeping requirements.40 CFR Part 62
Environmental protection, Administrative practice and procedures, Air pollution control, Incorporation by reference, Intergovernmental relations, Reporting and recordkeeping requirements.40 CFR Part 63
Environmental protection, Administrative practice and procedure, Air pollution control, Hazardous substances, Intergovernmental relations, Reporting and recordkeeping requirements.

Dated:

Michael S. Regan,

Administrator.
For the reasons set forth in the preamble, the EPA amends 40 CFR parts 60, 62, and 63 as follows:
PART 60 -- STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES
The authority citation for part 60 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart XXX -- Standards of Performance for Municipal Solid Waste Landfills That Commenced Construction, Reconstruction, or Modification After July 17, 2014
Amend §60.761 by revising the definition of "Controlled landfill" to read as follows:
§60.761 Definitions
*	*	*	*	*
Controlled landfill means any landfill at which collection and control systems are required under this subpart as a result of the nonmethane organic compounds emission rate. The landfill is considered controlled at the time a collection and control system design plan is submitted in compliance with either §60.762(b)(2)(i), 40 CFR part 60, subpart WWW, or a Federal plan or EPA approved and effective state plan or tribal plan that implements either 40 CFR part 60, subparts Cc or Cf, whichever regulation first required submission of a collection and control system design plan for the landfill.
*	*	*	*	*
Amend §60.762 by revising paragraphs (b)(2)(i) and (ii)(A) to read as follows:
§60.762 Standards for air emissions from municipal solid waste landfills
*	*	*	*	*
(b) *	*	*
(2) *	*	*
(i) Calculated NMOC Emission Rate. Calculated NMOC Emission Rate. Submit an initial or revised collection and control system design plan prepared by a professional engineer to the Administrator as specified in §60.767(c) or (d); calculate NMOC emissions using the next higher tier in §60.764; or conduct a surface emission monitoring demonstration using the procedures specified in §60.764(a)(6). The collection and control system must meet the requirements in paragraphs (b)(2)(ii) and (iii) of this section.
(ii) *	*	*
(A) The first annual report submitted under this subpart or part 62 of this subchapter in which the NMOC emission rate equals or exceeds 34 megagrams per year, unless Tier 2 or Tier 3 sampling demonstrates that the NMOC emission rate is less than 34 megagrams per year, as specified in §60.767(c)(4); or
*	*	*	*	*
Amend §60.767 by revising paragraph (d) introductory text to read as follows:
§60.767 Reporting Requirements
*	*	*	*	*
(d) Revised design plan. The owner or operator who has already been required to submit a design plan under paragraph (c) of this section, subpart WWW of this part, or a Federal plan or EPA-approved and effective state plan or tribal plan that implements subparts Cc or Cf of this part, must submit a revised design plan to the Administrator for approval as follows:
*	*	*	*	*
PART 62 -- APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED FACILITIES AND POLLUTANTS
The authority citation for part 62 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart OOO --  Federal Plan Requirements for Municipal Solid Waste Landfills That Commenced Construction On or Before July 17, 2014 and Have Not Been Modified or
Reconstructed Since July 17, 2014
Amend §62.16712 by revising paragraphs (b) and (c) introductory text to read as follows:
*	*	*	*	*
(b) Compliance date. For each designated facility that has a design capacity equal to or greater than 2.5 million megagrams and 2.5 million cubic meters and a NMOC emission rate greater than or equal to 34 megagrams per year (50 megagrams per year for closed landfill subcategory), planning, awarding of contracts, and installation of municipal solid waste landfill air emission collection and control equipment capable of meeting the standards in §62.16714(b) and (c) must be accomplished within 30 months after the date the initial emission rate report (or the annual emission rate report) first shows that the NMOC emission rate equals or exceeds 34 megagrams per year (50 megagrams per year for closed landfill subcategory), except as provided in §62.16712(d).
(c) Compliance schedules. The owner or operator of a designated facility that has a design capacity equal to or greater than 2.5 million megagrams and 2.5 million cubic meters and a NMOC emission rate greater than or equal to 34 megagrams per year (50 megagrams per year for closed landfill subcategory) must achieve the increments of progress specified in paragraphs (a)(1) through (5) of this section according to the schedule specified in paragraph (c)(1), (2), or (d) of this section.
Amend §62.16714 by revising paragraph (a)(4) to read as follows:
       §  Standards for municipal solid waste landfill emissions.
(a) *	*	*
(4) Closed subcategory. The landfill is in the closed landfill subcategory and has an NMOC emission rate greater than or equal to 50 megagrams per year.
*	*	*	*	*
Amend  §62.16730 by revising the definition of "Administrator" to read as follows:
§62.16730 Definitions.
*	*	*	*	*
Administrator means:
(1) For municipal solid waste landfills covered by the federal plan, the Administrator of the EPA or his/her authorized representative (e.g., delegated authority);
(2) For municipal solid waste landfills covered by an approved state plan, the director of the state air pollution control agency or his/her authorized representative.
*	*	*	*	*
PART 63 -- NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES
The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart AAAA -- National Emission Standards for Hazardous Air Pollutants: Municipal Solid Waste Landfills
Amend §63.1960 by revising paragraph (a)(4)(i) to read as follows:
§63.1960 Compliance provisions.
(a) *	*	*
(4) *	*	*
(i) Once an owner or operator subject to the provisions of this subpart seeks to demonstrate compliance with the operational standard for temperature in §63.1958(c)(1), the owner or operator must monitor each well monthly for temperature for the purpose of identifying whether excess air infiltration exists. If a well exceeds the operating parameter for temperature as provided in §63.1958(c)(1), action must be initiated to correct the exceedance within 5 days. Any attempted corrective measure must not cause exceedances of other operational or performance standards.
*	*	*	*	*
Amend §63.1961 by revising paragraphs (a)(5)(vi)(A), adding (C) and (D), and revising (a)(5)(vii) to read as follows:
§63.1961 Monitoring of operations.
*	*	*	*	*
(a) *	*	*
(5) *	*	*
(vi) Monitor and determine carbon monoxide concentrations, as follows:
 Collect the sample from the wellhead sampling port in a passivated canister or multi-layer foil gas sampling bag (such as the Cali-5-Bond Bag) and analyze that sample using EPA Method 10 of appendix A - 4 to part 60 of this chapter, or an equivalent method with a detection limit of at least 100 ppmv of carbon monoxide in high concentrations of methane; or
         *   *   *   *   *
(C) When sampling directly from the wellhead, you must sample for 5 minutes plus twice the response time of the analyzer. These values must be recorded. The five 1-minute averages are then averaged to give you the carbon monoxide reading at the wellhead.
(D) When collecting samples in a passivated canister or multi-layer foil sampling bag, you must sample for the period of time needed to assure that enough sample is collected to provide five (5) consecutive, 1-minute samples during the analysis of the canister or bag contents, but no less than 5 minutes plus twice the response time of the analyzer. The five (5) consecutive, 1-minute averages are then averaged together to give you a carbon monoxide value from the wellhead.
(vii) The enhanced monitoring described in this paragraph (a)(5) must begin 7 calendar days after the first measurement of landfill gas temperature greater than 62.8 degrees Celsius (145 degrees Fahrenheit); and
*	*	*	*	*
Amend §63.1975 by revising the introductory paragraph to read as follows:
§63.1975 How do I calculate the 3-hour block average used to demonstrate compliance?
Before September 28, 2021, averages are calculated in the same way as they are calculated in §60.758(b)(2)(i) of this subchapter for average combustion temperature and §60.758(c) for 3-hour average combustion temperature for enclosed combustors, except that the data collected during the events listed in paragraphs (a) through (d) of this section are not to be included in any average computed under this subpart. Beginning no later than September 27, 2021, averages are calculated according to §63.1983(b)(2)(i) for average combustion temperature and §63.1983(c)(1)(i) for 3-hour average combustion temperature for enclosed combustors, except that the data collected during the event listed in paragraph (a) of this section are not to be included in any average computed under this subpart.
*	*	*	*	*
Amend §63.1981 by revising paragraph (j)(2) and (n) introductory text, to read as follows:
§63.1981 What reports must I submit?
*	*	*	*	*
(j) *	*	*
(2) For corrective action that is required according to §63.1960(a)(3) or (4) and is expected to take longer than 120 days after the initial exceedance to complete, you must submit the root cause analysis, corrective action analysis, and corresponding implementation timeline to the Administrator as soon as practicable but no later than 75 days after the first measurement of positive pressure or temperature monitoring value of 62.8 degrees Celsius (145 degrees Fahrenheit) or above unless a higher operating temperature value has been approved by the Administrator for the well under this subpart or under 40 CFR part 60, subpart WWW; 40 CFR part 60, subpart XXX; or a Federal plan or EPA approved and effective state plan or tribal plan that implements either 40 CFR part 60, subpart Cc or 40 CFR part 60, subpart Cf. The Administrator must approve the plan for corrective action and the corresponding timeline.
*	*	*	*	*
(n) Claims of force majeure. Beginning no later than September 27, 2021, if you are required to electronically submit a report through CEDRI in the EPA's CDX, you may assert a claim of force majeure for failure to comply timely with the reporting requirement. To assert a claim of force majeure, you must meet the following requirements:
*	*	*	*	*
Amend §63.1985 by revising paragraph (c) to read as follows:
§63.1985 Who enforces this subpart?
*	*	*	*	*
(c) The authorities that will not be delegated to state, local, or tribal agencies are as follows. Approval of alternatives to the emission standards in §§63.1955 through 63.1962. Where this subpart references part 60, subpart WWW of this subchapter, the cited provisions will be delegated according to the delegation provisions of part 60, subpart WWW of this subchapter. For this subpart, the EPA also retains the authority to approve methods for determining the NMOC concentration in §63.1959(a)(3) and the method for determining the site-specific methane generation rate constant k in §63.1959(a)(4).
Amend Table 1 to subpart AAAA of part 63 by:
a. Revising entry "§ 63.6(f)(1)";
b. Removing the entries for "§ 63.10(b)(vi)" and "§ 63.10(b)(vii) - (xiv)" and adding in their places "§ 63.10(b)(2)(vi)" and "§ 63.10(b)(2)(vii) - (xiv)", respectively; and
c. Revising the entry for "§ 63.10(d)(3)".
The revisions and additions read as follows:
Table 1 to Subpart AAAA of Part 63
*	*	*	*	*
Table 1 to Subpart AAAA of Part 63 -- Applicability of NESHAP General Provisions to Subpart AAAA
                               Part 63 Citation
                                  Description
             Applicable to subpart AAAA before September 28, 2021
                          Applicable to subpart AAAA
                       NO LATER THAN SEPTEMBER 27, 2021
                                  Explanation
* 	*	*	*	*	*	*
§ 63.6(f)(1)
Exemption of nonopacity emission standards during SSM
No
No

* 	*	*	*	*	*	*
§ 63.10(b)(2)(vi)
Recordkeeping for CMS malfunctions
No[1]
Yes

§ 63.10(b)(2)(vii)-(xiv)
Other Recordkeeping of compliance measurements
No[1]
Yes

* 	*	*	*	*	*	*
§ 63.10(d)(3)
Reporting of visible emission observations
No[1]
No
--
* 	*	*	*	*	*	*
[1] Before September 28, 2021, this subpart requires affected facilities to follow part 60, subpart WWW of this subchapter, which incorporates the General Provisions of part 60 of this subchapter.


[Federal Register Volume 86, Number 132 (Wednesday, July 14, 2021)]
[Notices]
[Pages 37173-37174]
[FR Doc No: 2021-14993]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2021-0002; Internal Agency Docket No. FEMA-B-2150]

Proposed Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, Department of Homeland
Security.

ACTION: Notice.

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SUMMARY: Comments are requested on proposed flood hazard
determinations, which may include additions or modifications of any
Base Flood Elevation (BFE), base flood depth, Special Flood Hazard Area
(SFHA) boundary or zone designation, or regulatory floodway on the
Flood Insurance Rate Maps (FIRMs), and where applicable, in the
supporting Flood Insurance Study (FIS) reports for the communities
listed in the table below. The purpose of this notice is to seek
general information and comment regarding the preliminary FIRM, and
where applicable, the FIS report that the Federal Emergency Management
Agency (FEMA) has provided to the affected communities. The FIRM and
FIS report are the basis of the floodplain management measures that the
community is required either to adopt or to show evidence of having in
effect in order to qualify or remain qualified for participation in the
National Flood Insurance Program (NFIP). In addition, the FIRM and FIS
report, once effective, will be used by insurance agents and others to
calculate appropriate flood insurance premium rates for new buildings
and the contents of those buildings.

DATES: Comments are to be submitted on or before October 12, 2021.

ADDRESSES: The Preliminary FIRM, and where applicable, the FIS report
for each community are available for inspection at both the online
location https://hazards.fema.gov/femaportal/prelimdownload and the
respective Community Map Repository address listed in the tables below.
Additionally, the current effective FIRM and FIS report for each
community are accessible online through the FEMA Map Service Center at
https://msc.fema.gov for comparison.
    You may submit comments, identified by Docket No. FEMA-B-2150, to
Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance
and Mitigation Administration, FEMA, 400 C Street SW, Washington, DC
20472,<PHONE_NUMBER>, or (email<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW, Washington, DC 20472,<PHONE_NUMBER>, or (email)
<EMAIL_ADDRESS>or visit the FEMA Mapping and Insurance
eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: FEMA proposes to make flood hazard
determinations for each community listed below, in accordance with
section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4104, and 44 CFR 67.4(a).
    These proposed flood hazard determinations, together with the
floodplain management criteria required by 44 CFR 60.3, are the minimum
that are required. They should not be construed to mean that the
community must change any existing ordinances that are more stringent
in their floodplain management requirements. The community may at any
time enact stricter requirements of its own or pursuant to policies
established by other Federal, State, or regional entities. These flood
hazard determinations are used to meet the floodplain management
requirements of the NFIP and are used to calculate the appropriate
flood insurance premium rates for new buildings built after the FIRM
and FIS report become effective.
    The communities affected by the flood hazard determinations are
provided in the tables below. Any request for reconsideration of the
revised flood hazard information shown on the Preliminary FIRM and FIS
report that satisfies the data requirements outlined in 44 CFR 67.6(b)
is considered an appeal. Comments unrelated to the flood hazard
determinations also will be considered before the FIRM and FIS report
become effective.
    Use of a Scientific Resolution Panel (SRP) is available to
communities in support of the appeal resolution process. SRPs are
independent panels of experts in hydrology, hydraulics, and other
pertinent sciences established to review conflicting scientific and
technical data and provide recommendations for resolution. Use of the
SRP only may be exercised after FEMA and local communities have been
engaged in a collaborative consultation process for at least 60 days
without a mutually acceptable resolution of an appeal. Additional
information regarding the SRP process can be found online at https://www.floodsrp.org/pdfs/srp_overview.pdf.
    The watersheds and/or communities affected are listed in the tables
below. The Preliminary FIRM, and where applicable, FIS report for each
community are available for inspection at both the online location
https://hazards.fema.gov/femaportal/prelimdownload and the respective
Community Map Repository address listed in the tables. For communities
with multiple ongoing Preliminary studies, the studies can be
identified by the unique project number and Preliminary FIRM date
listed in the tables. Additionally, the current effective FIRM and FIS
report for each community are accessible online through the FEMA Map
Service Center at https://msc.fema.gov for comparison.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

Michael M. Grimm,
Assistant Administrator for Risk Management, Department of Homeland
Security, Federal Emergency Management Agency.

------------------------------------------------------------------------
                                             Community map repository
               Community                             address
------------------------------------------------------------------------
           Roosevelt County, New Mexico and Incorporated Areas
          Project: 20-06-0114S Preliminary Date: March 26, 2021
------------------------------------------------------------------------
City of Portales.......................  Memorial Building, 200 East 7th
                                          Street, Portales, NM 88130.
Town of Elida..........................  Town Hall, 704 Clark Street,
                                          Elida, NM 88116.
Unincorporated Areas of Roosevelt        Roosevelt County Courthouse,
 County.                                  Planning Department, 109 West
                                          1st Street, Portales, NM
                                          88130.
Village of Floyd.......................  Roosevelt County Courthouse,
                                          Planning Department, 109 West
                                          1st Street, Portales, NM
                                          88130.
------------------------------------------------------------------------

[FR Doc. 2021-14993 Filed 7-13-21; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register: September 14, 2010 (Volume 75, Number 177)]
[Rules and Regulations]
[Page 55676-55677]
[DOCID:fr14se10-3]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Parts 510, 520, and 558

[Docket No. FDA-2010-N-0002]

Animal Drugs, Feeds, and Related Products; Withdrawal of Approval
of New Animal Drug Applications; Chloramphenicol; Lincomycin; Pyrantel
Tartrate; and Tylosin Phosphate and Sulfamethazine

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule.

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SUMMARY: The Food and Drug Administration (FDA) is amending the animal
drug regulations by removing those portions that reflect approval of
four new animal drug applications (NADAs). In a notice published
elsewhere in this issue of the Federal Register, FDA is withdrawing
approval of these NADAs.

DATES:  This rule is effective September 24, 2010.

FOR FURTHER INFORMATION CONTACT:  John Bartkowiak, Center for
Veterinary Medicine (HFV-212), Food and Drug Administration, 7519
Standish Pl., Rockville, MD 20855,<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: John J. Ferrante, 11 Fairway Lane, Trumbull,
CT 06611; International Nutrition, Inc., 7706 ``I'' Plaza, Omaha, NE
68127; and Feed Service Co., Inc., 303 Lundin Blvd., P.O. Box 698,
Mankato, MN 56001 have requested that FDA withdraw approval of the four
NADAs listed in the following paragraph because they are no longer
manufactured or marketed:
    In a notice published elsewhere in this issue of the Federal
Register, FDA gave notice that approval of NADA 65-137, 121-337, 132-
923, and 138-342, and all supplements and amendments thereto, is
withdrawn, effective September 24, 2010. As provided in the regulatory
text of this document, the animal drug regulations are amended to
reflect these withdrawals of approval.
    Following these changes of sponsorship, Feed Service Co., Inc., and
John J. Ferrante are no longer the sponsor of an approved application.
Accordingly, 21 CFR 510.600(c) is being amended to remove the entries
for these firms.
    This rule does not meet the definition of ``rule'' in 5 U.S.C.
804(3)(A) because it is a rule of ``particular applicability.''
Therefore, it is not subject to the congressional review requirements
in 5 U.S.C. 801-808.

List of Subjects

21 CFR Part 510

    Administrative practice and procedure, Animal drugs, Labeling,
Reporting and recordkeeping requirements.

21 CFR Part 520

    Animal drugs.

21 CFR Part 558

    Animal drugs, Animal feeds.

0
Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs and
redelegated to the Center for Veterinary Medicine, 21 CFR parts 510,
520, and 558 are amended as follows:

PART 510--NEW ANIMAL DRUGS

0
1. The authority citation for 21 CFR part 510 continues to read as
follows:

    Authority: 21 U.S.C. 321, 331, 351, 352, 353, 360b, 371, 379e.

510.600  [Amended]

0
2. In Sec.  510.600, in the table in paragraph (c)(1), remove the
entries for ``Feed Service Co., Inc.'' and ``John J. Ferrante''; and in
the table in paragraph (c)(2), remove the entries for ``030841'' and
``058034''.

PART 520--ORAL DOSAGE FORM NEW ANIMAL DRUGS

0
3. The authority citation for 21 CFR part 520 continues to read as
follows:

    Authority: 21 U.S.C. 360b.

0
4. In Sec.  520.390b, revise paragraph (b) to read as follows:

Sec.  520.390b  Chloramphenicol capsules.

* * * * *
    (b) Sponsors. See Nos. 000069 and 050057 in Sec.  510.600(c) of
this chapter for use as in paragraph (d) of this section.
* * * * *

PART 558--NEW ANIMAL DRUGS FOR USE IN ANIMAL FEEDS

0
5. The authority citation for 21 CFR part 558 continues to read as
follows:

    Authority: 21 U.S.C. 360b, 371.

0
6. In Sec.  558.325, revise paragraphs (a) and (c)(3)(ii); and in the
table in paragraphs (d)(2)(ii) and (d)(2)(iii), in the ``Sponsor''
column, remove ``043733'' to read as follows:

Sec.  558.325   Lincomycin.

    (a) Approvals. Type A articles and Type B feeds approved for
sponsors in Sec.  510.600(c) of this chapter for specific uses as in
paragraph (d) of this section as follows:
    (1) No. 000009 for 20 and 50 grams per pound.
    (2) No. 051311 for 2.5 and 8 grams per pound.
* * * * *
    (c) * * *
    (3) * * *
    (ii) No. 051311:``CAUTION: Not to be fed to swine that weigh more
than 250 lb.''
* * * * *

Sec.  558.485  [Amended]

0
7. In paragraph (b)(3) of Sec.  558.485, remove ``043733''.

Sec.  558.630  [Amended]

0
8. In paragraph (b)(5) of Sec.  558.630, remove ``030841''.

    Dated: September 1, 2010.
Bernadette Dunham,
Director, Center for Veterinary Medicine.
[FR Doc. 2010-22808 Filed 9-13-10; 8:45 am]
BILLING CODE 4160-01-S


[Federal Register Volume 85, Number 65 (Friday, April 3, 2020)]
[Notices]
[Pages 19050-19051]
[FR Doc No: 2020-07022]

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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-196, OMB Control No. 3235-0202]

Proposed Collection; Comment Request

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

Extension:
    Rule 15c2-11

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.) (``PRA''), the Securities and
Exchange Commission (``Commission'') is soliciting comments on the
existing collection of information provided for in Rule 15c2-11, (17
CFR 240.15c2-11), under the Securities Exchange Act of 1934 (15 U.S.C.
78a et seq.) (``Exchange Act''). The Commission plans to submit this
existing collection of information to the Office of Management and
Budget (``OMB'') for extension and approval.
    Rule 15c2-11 under the Exchange Act regulates the initiation or
resumption of quotations in a quotation medium by a broker-dealer for
over-the-counter (``OTC'') securities. The Rule is intended to prevent
broker-dealers from initiating or resuming quotations for OTC
securities that may facilitate a fraudulent or manipulative scheme.
Subject to certain exceptions, the Rule prohibits broker-dealers from
publishing a quotation for a security, or submitting a quotation for
publication, in a quotation medium unless they have reviewed specified
information concerning the security and the issuer. With respect to the
securities of certain private issuers, a broker-dealer must make such
information reasonably available upon request to any person expressing
an interest in a proposed transaction in the security with such broker
or dealer.
    Based on information provided by the Financial Industry Regulatory
Authority, Inc. (``FINRA''), we understand that in the 2019 calendar
year, approximately 34 broker-dealers completed information reviews
pursuant to the Rule for 384 securities--87 concerning securities of
reporting issuers, and 297 concerning securities of non-reporting
issuers. The collection of information that is submitted to FINRA for
review and approval is currently not available to the public from
FINRA.
    We estimate that it will take a broker-dealer 4 hours to review,
record and retain the information pertaining to a reporting issuer
(approximately 3 hours relating to recordkeeping and one hour relating
to third-party disclosure), and 8 hours to review, record and retain
the information pertaining to a non-reporting issuer (approximately 7
hours relating to recordkeeping and one hour relating to third-party
disclosure). We therefore estimate that the total time burden for
recordkeeping associated with the information review requirement of the
Rule will be 2,340 hours [for (87 reviews for reporting issuers x 3
hours) + (297 reviews for non-reporting issuers x 7 hours)]; and the
total time burden for third-party disclosure associated with the
information review requirement of the Rule will be 384 hours [for (87
reviews for reporting issuers x 1 hour) + (297 reviews for non-
reporting issuers x 1 hour)]. Thus, we estimate the industrywide total
annual burden hours associated with the information review requirement
under the Rule to be 2,724 hours (2,340 hours for recordkeeping + 384
hours for third-party disclosure). The Commission believes that the
internal compliance costs for these 2,724 hours would be borne by
internal staff working at a rate of $62 per hour.\1\
---------------------------------------------------------------------------

    \1\ The $62 per hour figure for a General Clerk is from SIFMA's
Office Salaries in the Securities Industry 2013, modified by
Commission staff to account for an 1800-hourwork-year and inflation,
and multiplied by 2.93 to account for bonuses, firm size, employee
benefits and overhead.
---------------------------------------------------------------------------

    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the Commission, including whether the information
shall have practical utility; (b) the accuracy of the Commission's
estimates of the burden of the proposed collection of information; (c)
ways to enhance the quality, utility, and clarity of the information
collected; and (d) ways to minimize the burden of the collection of
information on respondents, including through the use of automated
collection techniques or other forms of information technology.
Consideration will be given to comments and suggestions submitted in
writing within 60 days of this publication.

    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information under the PRA unless it
displays a currently valid OMB control number.
    Please direct your written comments to: David Bottom, Director/
Chief Information Officer, Securities and Exchange Commission, c/o
Cynthia Roscoe, 100 F Street NE, Washington, DC 20549, or send an email
to<EMAIL_ADDRESS>
    Dated: March 31, 2020.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-07022 Filed 4-2-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 224 (Tuesday, November 20, 2012)]
[Notices]
[Pages 69647-69648]
[FR Doc No: 2012-28105]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4085-DR; Docket ID FEMA-2012-0002]

New York; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of New York (FEMA-4085-DR), dated October 30,
2012, and related determinations.

DATES: Effective Date: October 30, 2012.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated October 30, 2012, the President issued a major disaster
declaration under the authority of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the
``Stafford Act''), as follows:

    I have determined that the damage in certain areas of the State
of New York resulting from Hurricane Sandy beginning on October 27,
2012, and continuing, is of sufficient severity and magnitude to
warrant a major disaster declaration under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq.
(the ``Stafford Act''). Therefore, I declare that such a major
disaster exists in the State of New York.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Individual Assistance and
assistance for debris removal and emergency protective measures
(Categories A and B), including direct Federal assistance, under the
Public Assistance program in the designated areas, Hazard Mitigation
throughout the State, and any other forms of assistance under the
Stafford Act that you deem appropriate subject to completion of
Preliminary Damage Assessments.
    Consistent with the requirement that Federal assistance is
supplemental, any Federal funds provided under the Stafford Act for
Public Assistance, Hazard Mitigation, and Other Needs Assistance
will be limited to 75 percent of the total eligible costs.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The time period prescribed for the implementation of section
310(a), Priority to Certain Applications for Public Facility and Public
Housing Assistance, 42 U.S.C. 5153, shall be for a period not to exceed
six months after the date of this declaration.
    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Michael F. Byrne, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas of the State of New York have been designated
as adversely affected by this major disaster:

    Bronx, Kings, Nassau, New York, Richmond, Suffolk, and Queens
Counties for Individual Assistance.
    Bronx, Kings, Nassau, New York, Richmond, Suffolk, and Queens
Counties for debris removal and emergency protective measures
(Categories A and B), including direct federal assistance, under the
Public Assistance program.
    All counties within the State of New York are eligible to apply
for assistance under the Hazard Mitigation Grant Program.

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households in
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2012-28105 Filed 11-19-12; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 77, Number 184 (Friday, September 21, 2012)]
[Rules and Regulations]
[Pages 58488-58491]
[FR Doc No: 2012-23366]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1952

[Docket ID. OSHA 2012-0029]
RIN 1218-AC78

Hawaii State Plan for Occupational Safety and Health

AGENCY: Occupational Safety and Health Administration, Department of
Labor.

ACTION: Final rule.

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SUMMARY: This document announces the Occupational Safety and Health
Administration's (OSHA) decision to modify the Hawaii State Plan's
``final approval'' determination under Section 18(e) of the
Occupational Safety and Health Act (the Act) and to transition to
``initial approval'' status. OSHA is reinstating concurrent federal
enforcement authority over occupational safety and health issues in the
private sector, which have been solely covered by the Hawaii State Plan
since 1984.

DATES: Effective September 21, 2012.

FOR FURTHER INFORMATION CONTACT:
    For press inquiries: Francis Meilinger, OSHA Office of
Communications, Room N-3647, U.S. Department of Labor, 200 Constitution
Avenue NW., Washington, DC 20210; telephone<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    For general and technical information: Douglas J. Kalinowski,
Director, OSHA Directorate of Cooperative and State Programs, Room N-
3700, U.S. Department of Labor, 200 Constitution Avenue NW.,
Washington, DC 20210; telephone:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    Hawaii administers an OSHA-approved state plan to develop and
enforce occupational safety and health standards for public and private
sector employers, pursuant to the provisions of Section 18 of the Act.
The Hawaii State Plan received initial federal OSHA plan approval on
December 28, 1973 (39 FR 1010) and the Hawaii Occupational Safety and
Health Division (HIOSH) of the Hawaii Department of Labor and
Industrial Relations is designated as the state agency responsible for
administering the state plan. Pursuant to Section 18(e) of the Act,
OSHA granted Hawaii ``final approval'' effective April 30, 1984 (49 FR
19182). Final approval under Section 18(e) requires, among other
things, a finding by the Assistant Secretary that the plan, in actual
operation, provides worker protection ``at least as effective as'' that
provided by federal OSHA. A final approval determination results in the
relinquishment of federal concurrent enforcement authority in the state
with respect to occupational safety and health issues covered by the
plan. 29 U.S.C. 667(e).
    During the past three years, the Hawaii State Plan has faced major
budgetary and staffing restraints that have significantly affected its
program. Impacts on the state plan are clearly reflected throughout
OSHA's recent monitoring reports. Joint efforts were made by federal
OSHA and HIOSH to

address these issues, yet Hawaii continues to face severe programmatic,
staffing and training challenges. Therefore, the Hawaii Director of
Labor and Industrial Relations has requested a temporary modification
of the state plan's approval status from final approval to initial
approval, to permit exercise of supplemental federal enforcement
activity and to allow Hawaii sufficient time and assistance to
strengthen its state plan. Hawaii has pledged to accomplish the
necessary corrective action to regain final approval status in a timely
manner. Hawaii's proactive efforts demonstrate a commitment to ensuring
that workers are afforded adequate protection during this period of
program strengthening and improvement.
    Pursuant to the procedures set forth at 29 CFR 1902.47 et seq.,
OSHA published notice of its reconsideration of Hawaii's 18(e)
determination; proposed resumption of concurrent federal enforcement
authority; and a request for written comments and opportunity to
request an informal hearing on July 19, 2012 (77 FR 42462). That notice
also contains a more detailed description of the Hawaii State Plan and
the identified deficiencies. The 35-day comment period closed on August
23, 2012 and OSHA received four (4) written comments, including two (2)
requests for a hearing.

Decision

    Pursuant to the procedures set forth in 29 CFR 1902.47 et seq., the
Assistant Secretary for Occupational Safety and Health has made a final
decision to modify the Hawaii State Plan's approval status from 18(e)
final approval to initial approval, and to reinstate concurrent federal
enforcement authority over occupational safety and health issues in the
state, pending the necessary corrective action by the state plan in
order to once again meet the criteria for an 18(e) final approval
determination. Concurrent federal enforcement authority will be
exercised in Hawaii effective September 21, 2012.
    The Assistant Secretary's decision is based upon the facts
determined by OSHA in monitoring the Hawaii State Plan and HIOSH's
request for enforcement assistance, and was reached after opportunity
for public comment. Three organizations and one individual filed a
comment with the agency within the public comment period. Comments were
received from the Hawaii Business League, Veterans of Safety Hawaii
Chapter, Island Insurance Company, Ltd., and Dr. Walter Chun. OSHA has
reviewed and considered the comments, and the following discussion
addresses the comments and OSHA's responses.
    The Hawaii Business League stated a strong preference for Hawaii to
maintain a state plan and voiced favorable support for a transition to
initial approval as means to progress towards restoration of Hawaii's
18(e) final approval status. Island Insurance Company, Ltd. and Dr.
Walter Chun raised concerns about how HIOSH allows for greater penalty
reductions than federal OSHA, and about whether fines/penalties will be
part of the criteria for the Hawaii State Plan to regain its 18(e)
final approval status. Pursuant to 29 CFR 1902.42(a), ``[i]n making an
affirmative 18(e) determination, the Assistant Secretary determines
that a State has applied the provisions of its plan, or any
modification thereof, in accordance with the criteria of Section 18(c)
of the Act and that the State has applied the provisions of this part
in a manner which renders the actual operations of the state program
`at least as effective as' operations under the Federal program.'' One
of the criteria in Section 18(c) of the Act is the development and
enforcement of safety and health standards, and penalties are an
essential component of effective safety and health enforcement in the
workplace. Therefore, Hawaii's overall penalty policy would be
evaluated in the course of regaining 18(e) final approval status.
    In response to Dr. Walter Chun's further questions, the addendum
referenced in the Operational Status Agreement (OSA) will not be
available for public comment. The addendum is an internal working
document between the Director of the Hawaii Department of Labor and
Industrial Relations and OSHA's Regional Administrator for Region IX,
outlining the plan of action and milestones for the Hawaii State Plan
to work towards regaining 18(e) final approval status. During the
period of concurrent state and federal authority, both Hawaii and
federal OSHA have authority to conduct inspections and issue citations.
However, the terms of the OSA will delineate areas of coverage to
ensure employers are not burdened with duplicative enforcement efforts.
Federal OSHA compliance officers will be conducting inspections, in
accordance with the terms of the OSA, and issuing citations and
penalties under federal standards. OSHA is not aware that any changes
in the state's rules or regulations are necessary to accommodate
concurrent jurisdiction.
    Dr. Walter Chun and Veterans of Safety Hawaii Chapter both
requested an informal public hearing, to address the public's questions
and comments. The public comments and questions submitted on the docket
have all been addressed in this notice and there are no substantial
issues raised that necessitate a public hearing.

Effect of the Decision

    The Assistant Secretary's decision to modify the Hawaii State
Plan's status from final to initial approval would authorize OSHA to
carry on an enforcement program to supplement that of HIOSH, including
independent federal or joint state and federal inspections resulting in
issuance of appropriate federal citations. However, modifying Hawaii's
final approval status would not affect Hawaii's basic plan approval and
would not affect Hawaii's legal authority to enforce state occupational
safety and health standards in the state's workplaces. This
modification would leave Hawaii's federally-approved state plan
completely in place, and would simply reinstate federal OSHA's
authority to supplement state enforcement during this difficult period.
    Federal OSHA inspections or joint state and federal OSHA
inspections may result in the issuance of appropriate federal citations
and penalties. Federal OSHA compliance officers may issue citations
effective immediately. Contested federal citations and penalties will
be reviewed by the Federal Occupational Safety and Health Review
Commission (OSHRC). Federal OSHA will continue to exercise federal
authority over safety and health issues excluded from coverage under
the state plan; monitoring inspections including accompanied visits;
and other federal authority not affected by the 1984 final approval
decision.

Notice of the Operational Status Agreement

    Federal OSHA will exercise its enforcement authority according to
the terms of the 2012 OSA between OSHA and HIOSH, which specifies the
respective areas of federal and state authority. OSHA will continue to
exercise federal enforcement of federal requirements for safety and
health in private sector maritime activities, 29 CFR part 1915 and
parts 1917-1920, as well as provisions of the general industry and
construction standards appropriate to hazards found in those
employments. Federal jurisdiction also remains in effect over: Federal
government employers and workers, and contractors or subcontractors on
any federal establishment where the land is determined to be exclusive
federal jurisdiction; private sector employers within the secured
borders of

all military installations where access is controlled; and U.S. Postal
Service (USPS), including USPS workers, and contract workers and
contractor-operated facilities engaged in USPS mail operations. OSHA
will also exercise authority over OSHA requirements promulgated under
the Act subsequent to the OSA where necessary to protect employers, as
in the case of emergency temporary standards promulgated under Section
6(c) of the Act, until Hawaii has promulgated comparable standards.
    The OSA further provides that federal enforcement authority under
Section 18 of the Act may be exercised with regard to federal
occupational safety and health requirements over agriculture and
general industries, excluding transportation and warehousing. Potential
violations where the employer is in compliance with federal
regulations, but not with more stringent HIOSH regulations, shall be
referred to HIOSH.
    HIOSH will retain enforcement authority in any case commenced
before September 21, 2012. Additionally, HIOSH will exercise inspection
and enforcement authority over: The construction industry,
transportation and warehousing; state and local government as an
employer; and referrals from federal OSHA to HIOSH.
    The OSA also provides that HIOSH and federal OSHA will retain
concurrent enforcement authority over employment discrimination
complaints, pursuant to Section 11(c) of the Act. Employees may
continue to file occupational safety and health whistleblower
complaints with federal OSHA, the state, or both. However, the OSA
provides that, in accordance with OSHA's long-standing policy, OSHA
will generally continue to refer all employment discrimination
complaints that are federally-filed by private-sector and non-federal
public sector employees to HIOSH for investigation, a determination on
the merits, and the pursuit of a remedy, if appropriate. The OSA
explains that federal OSHA will investigate any allegations of
retaliation covered under the OSHA-administered whistleblower laws
other than Section 11(c).
    If there arises any case or circumstance in which authority is not
clearly defined in the OSA, OSHA and HIOSH will resolve the issue. In
the meantime, (e.g., where quick response is required such as a
fatality, catastrophe or significant event), OSHA shall respond to the
situation.
    Federal OSHA may conduct monitoring visits under Section 18(f) of
the OSH Act. The OSA also provides that OSHA may also accompany HIOSH
on enforcement activities for purposes of technical assistance and
training. And HIOSH may accompany federal OSHA on enforcement
activities for training purposes. The OSA is subject to revision or
termination by mutual agreement of the parties, by either party upon 30
days written notice, or when the results of evaluation or monitoring
reveal that state operations are at least as effective as the federal
program and responsibilities may be returned to the state. Finally, the
OSA includes an Addendum with goals and milestones for returning all
enforcement responsibilities to Hawaii.

Regulatory Flexibility Analysis and Unfunded Mandates

    In accordance with the Regulatory Flexibility Act, 5 U.S.C. 601 et
seq. (as amended), OSHA examined the regulatory requirements of the
final rule to determine whether it would have a significant economic
impact on a substantial number of small entities. Since no employer of
any size will have any new compliance obligations, the Agency certifies
that the final rule will not have a significant economic impact on a
substantial number of small entities. OSHA also reviewed this final
rule in accordance with the Unfunded Mandates Reform Act of 1995 (UMRA;
2 U.S.C. 1501 et seq.) and Executive Order 12875 (56 FR 58093). Because
this rule imposes no new compliance obligations, it requires no
additional expenditures by either private employers or State, local,
and tribal governments.

Federalism

    Executive Order 13132, ``Federalism,'' (64 FR 43255, August 10,
1999) emphasizes consultation between Federal agencies and the States
and establishes specific review procedures the Federal government must
follow as it carries out policies which affect State or local
governments. OSHA has consulted extensively with Hawaii about this
modification of its approval status. Although OSHA has determined that
the requirements and consultation procedures provided in Executive
Order 13132 are not applicable to approval decisions under the Act,
which have no effect outside the particular State, OSHA has reviewed
this final rule, and believes it is consistent with the principles and
criteria set forth in the Executive Order.

Why the Immediate Effective Date

    OSHA finds that good cause exists for making this rule effective
immediately upon publication in the Federal Register. The current
situation in the state indicates the immediate need for supplementary
federal occupational safety and health enforcement activity for the
protection of workers in Hawaii. In addition, today's action does not
impose any new compliance obligations on affected employers since
standards enforced under the Hawaii State Plan are either identical to
federal standards, or more stringent.

List of Subjects in 29 CFR Part 1952

    Intergovernmental relations, Law enforcement, Occupational safety
and health.

Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, U.S. Department of Labor, 200
Constitution Ave. NW., Washington, DC, authorized the preparation of
this notice. OSHA is issuing this notice under the authority specified
by Section 6(d) of the Occupational Safety and Health Act of 1970 (29
U.S.C. 655), Secretary of Labor's Order No. 1-2012 (77 FR 3912), and 29
CFR part 1905.

    Signed in Washington, DC, on September 18, 2012.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
    Accordingly, for the reasons set forth in the preamble, 29 CFR part
1952 is amended as set forth below.

PART 1952--[AMENDED]

0
1. The authority citation for part 1952 is revised to read as follows:

    Authority: Sec. 18, 84 Stat. 1608 (29 U.S.C. 667); 29 CFR part
1902; Secretary of Labor's Order No. 1-2012 (77 FR 3912).

Subpart Y--Hawaii

0
2. Remove and reserve Sec.  1952.313, to read as follows:

Sec.  1952.313  [Reserved]

0
3. Revise Sec.  1952.314 to read as follows:

Sec.  1952.314  Level of Federal enforcement.

    (a) With Hawaii's agreement and as a result of the Assistant
Secretary's reinstatement of Hawaii's initial approval status, Hawaii
and Federal OSHA will begin exercising concurrent jurisdiction under
section 18(e) of the Act on September 21, 2012.
    (b) To provide a workable division of enforcement responsibilities,
Hawaii and Federal OSHA have entered into an operational status
agreement. Notice of this agreement was provided in the Federal
Register on September 21, 2012.

Electronic copies of the agreement are available at: http://www.osha.gov/dcsp/osp/stateprogs/hawaii.html.

[FR Doc. 2012-23366 Filed 9-20-12; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register Volume 81, Number 30 (Tuesday, February 16, 2016)]
[Notices]
[Page 7787]
[FR Doc No: C1-2016-02728]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2012-0546; FRL-9942-21-OAR]

Contractor Access to Information Claimed as Confidential Business
Information Submitted Under Title II of the Clean Air Act and Related
to the Renewable Fuel Standard Program

Correction

    In notice document 2016-02728, appearing on pages 7095-7096 in the
issue of Wednesday, February 10, 2016, make the following correction:
    On page 7096, in the first column, in the DATES: section,
``FEBRUARY 10, 2021'' should read ``February 16, 2016''.

[FR Doc. C1-2016-02728 Filed 2-12-16; 8:45 am]
 BILLING CODE 1505-01-D