[Federal Register Volume 84, Number 81 (Friday, April 26, 2019)]
[Notices]
[Pages 17866-17867]
[FR Doc No: 2019-08406]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2019-0139]

Certificate of Alternative Compliance for the Tug RANDY McCRANEY

AGENCY: Coast Guard, DHS.

ACTION: Notification of issuance of a certificate of alternative
compliance.

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SUMMARY: The Coast Guard announces that the Fifth District, Chief of
Prevention Division has issued a certificate of alternative compliance
from the International Regulations for Preventing Collisions at Sea,
1972 (72 COLREGS), for the towing vessel RANDY McCRANEY, Official
Number (O.N.) 1292293, Master Boat Builders Hull Number 459. We are
issuing this notice because its publication is required by statute. Due
to its construction, purpose and service, the towing vessel RANDY
McCRANEY cannot fully comply with the light, shape, or sound signal
provisions of the 72 COLREGS without interfering with the vessel's
design and construction. This notification of issuance of a certificate
of alternative compliance promotes the Coast Guard's marine safety
mission.

DATES: The Certificate of Alternative Compliance was issued on March
15, 2019.

FOR FURTHER INFORMATION CONTACT: For information or questions about
this notice call or email LCDR Ronaydee M. Marquez, District Five,
Asst. Chief, Inspections and Investigations, U.S. Coast Guard;
telephone:<PHONE_NUMBER>, email: [email protected].

SUPPLEMENTARY INFORMATION: The United States is signatory to the
International Maritime Organization's International Regulations for
Preventing Collisions at Sea, 1972 (72 COLREGS), as amended. The
special construction or purpose of some vessels makes them unable to
comply with the light, shape, or sound signal provisions of the 72
COLREGS. Under statutory law, however, specified 72 COLREGS provisions
are not applicable to a vessel of special construction or purpose if
the Coast Guard determines that the vessel cannot comply fully with
those requirements without interfering with the special function of the
vessel.\1\
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    \1\ 33 U.S.C. 1605.
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    The owner, builder, operator, or agent of a special construction or
purpose vessel may apply to the Coast Guard District Office in which
the vessel is being built or operated for a determination that
compliance with alternative requirements is justified,\2\ and the Chief
of the Prevention Division would then issue the applicant a certificate
of alternative compliance (COAC) if he or she determines that the
vessel cannot comply fully with 72 COLREGS light, shape, and sound
signal

provisions without interference with the vessel's special function.\3\
If the Coast Guard issues a COAC, it must publish notice of this action
in the Federal Register.\4\
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    \2\ 33 CFR 81.5.
    \3\ 33 CFR 81.9.
    \4\ 33 U.S.C. 1605(c) and 33 CFR 81.18.
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    The Fifth District, Chief of Prevention Division, U.S. Coast Guard,
certifies that the RANDY McCRANEY, O.N. 1292293 is a vessel of special
construction or purpose, and that, with respect to the position of the
sidelights, it is not possible to comply fully with the requirements of
the provisions enumerated in the 72 COLREGS, without interfering with
the normal operation, or design of the vessel. The vessel is a dual-
mode Articulated Tug (ATB), which intends to operate as an ATB as well
as multiple other modes such as towing alongside, harbor ship/barge
assist tug and towing on a towline. Placing the sidelights at or near
the side of the vessel would interfere with the vessel's purpose and
operations, and would place the sidelights as risk of damage during the
course of normal operations. The sidelights will be installed on the
elevated pilothouse, 6'7'' inboard from the sides of the vessel. The
Fifth District, Chief of Prevention Division further finds and
certifies that the sidelights are in the closet possible compliance
with the applicable provisions of the 72 COLREGS.\5\
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    \5\ 33 U.S.C. 1605(a); 33 CFR 81.9.
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    This notice is issued under authority of 33 U.S.C. 1605(c) and 33
CFR 81.18.

    Dated: April 18, 2019.
J.R. Barnes,
CAPT, U.S. Coast Guard, Chief, Prevention Division, Fifth Coast Guard
District.
[FR Doc. 2019-08406 Filed 4-25-19; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: July 1, 2009 (Volume 74, Number 125)]
[Rules and Regulations]
[Page 31351-31354]
[DOCID:fr01jy09-4]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 100 and 165

[Docket No. USCG-2009-0422]
RIN 1625-AA08, 1625-AA00

Safety Zones: Summer 2009 Fireworks, Coastal Massachusetts

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is suspending several special local
regulations and establishing temporary safety zones in various
communities along the central and northern coastline of Massachusetts.
These safety zones will last for the limited duration of the fireworks.
The zones are necessary to protect spectators, participants, and
vessels from the hazards associated with fireworks displays.

DATES: This rule is effective from June 27, 2009 through September 5,
2009.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2009-0422 and are available online
by going to http://www.regulations.gov, selecting the Advanced Docket
Search option on the right side of the screen, inserting USCG-2009-0422
in the Docket ID box, pressing Enter, and then clicking on the item in
the Docket ID column. They are also available for inspection or copying
at the following location: The Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail Ensign Marie Haywood, U.S. Coast Guard,
Sector Boston, Waterways Management Division; telephone<PHONE_NUMBER>,
e-mail<EMAIL_ADDRESS>If you have questions on viewing the
docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the Coast Guard was not notified of
these events with adequate time to publish a NPRM, for fireworks
displays that scheduled to occur on various dates between June 27, 2009
and September 05, 2009. Any delay encountered in the regulation's
effective date would be contrary to the public interest, since the
safety zones are needed to prevent traffic from transiting a portion of
the coastal waters of Massachusetts during the fireworks displays thus
ensuring that the maritime public is protected from any potential harm
associated with such an event.
    For the same reason above, under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making this rule effective less
than 30 days after publication in the Federal Register.

Background and Purpose

    Various Massachusetts coastal cities are having fireworks displays
on or near navigable waterways this summer.
    In order to maintain continuity between the regulations for
fireworks events established in 33 CFR 100.114 and the rain dates
requested for the same events this year, this temporary rule suspends
several special local regulations entries in 33 CFR PART 100.114
FIREWORKS DISPLAY TABLE. It also establishes temporary safety zones
surrounding the events as described in the List of Subjects. The
proposed zones will protect the maritime public from the dangers
inherent in waterborne fireworks displays. The Captain of the Port does
not anticipate any negative impact on vessel traffic due to
implementation of these temporary safety zones. Public notifications
will be made prior to the effective period of each proposed zone via
Broadcast and Local Notice to Mariners.

Discussion of Rule

    The Coast Guard is establishing temporary safety zones in various
coastal waterways throughout central and northern Massachusetts. The
safety zones will be in effect for the times listed in the List of
Subjects. Marine traffic will only be restricted from a portion of the
waterway as stated in the List of Subjects to protect the safety of the
maritime public. Due to the limited time frame of the fireworks
display, the Captain of the Port anticipates minimal negative impact on
vessel traffic due to this event. Public notifications will be made
prior to the effective period via local and broadcast notice to
mariners.

Regulatory Analyses

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

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory

Planning and Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of that Order. The Office of
Management and Budget has not reviewed it under that Order.
    This is not a significant regulatory action because the Coast Guard
does not anticipate any negative impact on vessel traffic due to
implementation of these temporary safety zones and marine traffic will
only be restricted from a portion of the waterway. Public notifications
will be made prior to the effective period of each proposed zone via
Broadcast and Local Notice to Mariners.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
    This proposed rule would affect the following entities, some of
which may be small entities: The owners or operators of vessels
intending to transit or anchor in the effected portion of the coastal
waterways of Massachusetts at the times and places listed in the ``List
of Subjects'' section. These safety zones would not have a significant
economic impact on a substantial number of small entities for the
following reasons: This proposed rule would be in effect for up to
three hours, vessel traffic can safely pass around the safety zone
during the effected period, and advance notification via broadcast
notice to mariners and Local Notice to Mariners will be made before and
during the effective period.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

Collection of Information

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

Federalism

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

Unfunded Mandates Reform Act

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

Taking of Private Property

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

Civil Justice Reform

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

Protection of Children

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

Indian Tribal Governments

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

Energy Effects

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

Technical Standards

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

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a

category of actions which do not individually or cumulatively have a
significant effect on the human environment. This rule is categorically
excluded, under figure 2-1, paragraph (34)(g.), of the Instruction.
This rule involves the establishment of safety zone of limited
duration. An environmental analysis checklist and a categorical
exclusion determination are available in the docket where indicated
under ADDRESSES.

List of Subjects

33 CFR Part 100

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

33 CFR Part 165

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

0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR parts 100 and 165 as follows:

PART 100--MARINE EVENTS AND REGATTAS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  33 U.S.C. 1233; Department of Homeland Security
Delegation No. 0170.1.

0
2. Suspend the following entries in Sec.  100.114(a) FIREWORKS DISPLAY
TABLE from June 27, 2009 through September 5, 2009:
0
(a) 7.7
0
(b) 7.8
0
(c) 7.10
0
(d) 7.18

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
4. Add Sec.  165.T01-0422 to read:

Sec.  165T.01-0422  Summer 2009 Fireworks, Coastal Massachusetts.

    (a) Location. The following waterborne fireworks events include
safety zones as described herein:
    (1) Hingham 4th of July Fireworks
    Sponsor: Hingham Lions Club.
    Enforcement Date: 8 to 10 p.m. on July 3, 2009; if postponed, July
5, 2009 at the same times.
    Regulated area: Hingham Bay, Hingham, MA. The area within a 200
yard radius of the beach on Button Island at the approximate position
42[deg]15'04'' N, 070[deg]53'02'' W.
    (2) Weymouth 4th of July Fireworks.
    Sponsor: Town of Weymouth 4th of July Committee
    Enforcement Date: 9 p.m. to 10:45 p.m. on July 3, 2009; if
postponed, July 5, 2009 at the same times.
    Regulated area: Weymouth Fore River, Weymouth, MA. All waters
surface to bottom extending out in a 500 yard radius of the approximate
location 42[deg]15'30'' N, 070[deg]56'06'' W.
    (3) Boston Pops Fireworks
    Sponsor: Boston 4 Celebrations.
    Enforcement Date: 8:30 p.m. through 11:30 p.m. on July 4, 2009; if
postponed, July 5, 2009 at the same times.
    Regulated area: Charles River, Boston, MA. All waters from surface
to bottom, within a 400 yard radius of the fireworks barges located in
the vicinity of 42[deg]21'26'' N, 71[deg]05'02'' W.
    (4) Marblehead 4th of July Fireworks
    Sponsor: Town of Marblehead.
    Enforcement Date: 8:30 p.m. until 10 p.m. on July 4, 2009; if
postponed, July 5, 2009 at the same times.
    Regulated area: Marblehead Harbor, Marblehead, MA. All waters from
surface to bottom, within a 200 yard radius of the fireworks launch
site located in Marblehead Harbor at approximate position
42[deg]30'34'' N, 070[deg]50'9'' W.
    (5) Salem 4th of July Fireworks
    Sponsor: City of Salem.
    Date: 9 p.m. until 10:15 p.m. on July 4, 2009; if postponed, July
5, 2009 at the same times.
    Regulated area: Salem Harbor, Salem, MA. All waters of Salem
Harbor, from surface to bottom, within a 100 yard radius of the
fireworks launch site located on Derby Wharf approximate position
42[deg]31'8.7'' N, 70[deg]53'8'' W.
    (6) New England Sand Sculpting Festival Fireworks
    Sponsor: Town of Revere.
    Enforcement Date: 9 p.m. to 11 p.m. on July 18, 2009; if postponed,
July 19, 2009 at the same times.
    Regulated area: All waters of Broad Sound, from surface to bottom,
within a 300 yard radius of the fireworks launch site located at Revere
Beach at approximate position 42[deg]24'30'' N, 070[deg]59'26'' W.
    (7) City of Lynn 4th of July Fireworks
    Sponsor: City of Lynn.
    Enforcement Date: 6 p.m. through 11 p.m. on July 3, 2009; if
postponed, July 5, 2009 at the same times.
    Regulated area: All waters of Nahant Bay, from surface to bottom,
within a 200 yard radius of the fireworks barge located at approximate
location 42[deg]27'37'' N, 070[deg]55'35'' W.
    (8) Nahant 4th of July Fireworks
    Sponsor: Town of Nahant.
    Enforcement Date: 9 p.m. until 11 p.m. on July 4, 2009; if
postponed, July 5, 2009 at the same times.
    Regulated area: The area of Nahant Harbor within a 200 yard radius
of the fireworks launch site on Bailey's Hill Park located at
approximate position 42[deg]25'6'' N, 070[deg]55'48'' W.
    (9) Celebrate Revere Fireworks
    Sponsor: Town of Revere.
    Enforcement Date: 9 p.m. to 11 p.m. on August 15, 2009; if
postponed, August 16, 2009 at the same times.
    Regulated area: Broad Sound, Revere, MA. All waters from surface to
bottom, within a 300 yard radius of the fireworks launch site located
at Revere Beach at approximate position 42[deg]24'30'' N,
070[deg]59'26'' W.
    (10) Beverly Homecoming Fireworks
    Sponsor: Beverly Harbormaster.
    Enforcement Date: 9 p.m. through 11 p.m. on August 9, 2009.
    Regulated area: Beverly Harbor, Beverly, MA. All waters from
surface to bottom, within a 200 yard radius of the fireworks barge
located at approximate position 42[deg]32'37'' N, 070[deg]52'09'' W.
    (11) Beverly 4th of July Fireworks
    Sponsor: Beverly Harbormaster.
    Enforcement Date: 9 p.m. until 11 p.m. on July 4, 2009; if
postponed, July 5, 2009 at the same times.
    Regulated area: Beverly Harbor, Beverly, MA. All waters from
surface to bottom, within a 200 yard radius of the fireworks barge
located at approximate position 42[deg]32'37'' N, 070[deg]52'09'' W.
    (12) Surfside Fireworks
    Effective Date: From June 27, 2009 through September 5, 2009.
    Enforcement Date: Every Saturday evening from 9:30 p.m. through
10:30 p.m.
    Regulated area: All waters of the Atlantic Ocean near Salisbury
Beach, MA from surface to bottom, within a 200 yard radius of the
fireworks barge located at 42[deg]50'36'' N, 070[deg]48'24'' W.
    (b) Regulations. ``Official Patrol Vessels'' consist of any Coast
Guard, other Federal, state or local law enforcement, and any public or
sponsor-provided vessels assigned or approved by Commander, Sector
Boston, to patrol each event.
    (1) In accordance with the general regulations in Sec.  165.23 of
this part, entering into, transiting through, or anchoring within these
zones is prohibited, unless authorized by the Patrol Commander.
    (2) Each person in a safety zone who receives notice of a lawful
order or direction issued by an official patrol vessel shall obey the
order or direction.
    (3) The Patrol Commander (PATCOM) is empowered to forbid and
control the

movement of all vessels in the regulated area. The Patrol Commander
shall be designated by the Commander, Sector Boston; will be a U.S.
Coast Guard commissioned officer, warrant officer or petty officer to
act as the Sector Commander's official representative; and will be
located aboard the lead official patrol vessel.
    (4) Vessel operators desiring to enter or operate within the safety
zone must contact the Captain of the Port (COTP) or the COTP's
designated representative to obtain permission by calling the Sector
Boston Command Center at<PHONE_NUMBER>. Vessel operators given
permission to enter or operate in the safety zone must comply with all
directions given to them by the COTP or the COTP's designated
representative.
    (5) The Patrol Commander may, upon request, allow the transit of
commercial vessels through regulated areas when it is safe to do so.
    (c) All coordinates reference 1983 North American Datum (NAD83).

    Dated: June 18, 2009.
John N. Healey,
Captain, U.S. Coast Guard, Captain of the Port Boston.
[FR Doc. E9-15602 Filed 6-30-09; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register: August 11, 2009 (Volume 74, Number 153)]
[Notices]
[Page 40278-40279]
[DOCID:fr11au09-141]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60432; File No. SR-FINRA-2009-053]

 Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing and Immediate Effectiveness of
Proposed Rule Change To Amend Incorporated NYSE Rules 12 and 282 To
Conform to Amendments Made by NYSE

August 4, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'' \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on July 30, 2009, Financial Industry Regulatory Authority, Inc.
(``FINRA'') filed with the Securities and Exchange Commission (``SEC''
or ``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by FINRA. FINRA has designated
the proposed rule change as constituting a ``non-controversial'' rule
change under paragraph (f)(6) of Rule 19b-4 under the Act,\3\ which
renders the proposal effective upon filing with the Commission. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    FINRA is proposing to amend Incorporated NYSE Rules 12 (``Business
Day'') and 282 (Buy-in Procedures) \4\ to conform to rule changes by
the New York Stock Exchange LLC (``NYSE'') to its versions of Rules 12
and 282.\5\
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    \4\ The current FINRA rulebook consists of (1) FINRA Rules; (2)
NASD Rules; and (3) rules incorporated from NYSE (``Incorporated
NYSE Rules'') (together, the NASD Rules and Incorporated NYSE Rules
are referred to as the ``Transitional Rulebook''). While the NASD
Rules generally apply to all FINRA members, the Incorporated NYSE
Rules apply only to those members of FINRA that are also members of
the NYSE (``Dual Members''). The FINRA Rules apply to all FINRA
members, unless such rules have a more limited application by their
terms. For more information about the rulebook consolidation
process, see FINRA Information Notice, March 12, 2008 (Rulebook
Consolidation Process).
    \5\ See Securities Exchange Act Release No. 60216 (July 1,
2009), 74 FR 33283 (July 10, 2009) (Notice of Filing and Immediate
Effectiveness of SR-NYSE-2009-59).
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    The text of the proposed rule change is available on FINRA's Web
site at http://www.finra.org, at the principal office of FINRA and at
the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

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

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    FINRA is proposing changes to Incorporated NYSE Rules 12 \6\ and
282 \7\ to conform these rules to amendments made by NYSE to allow
customers to transmit orders for execution on the NYSE with the
settlement instructions of ``cash'', ``next day'' and ``seller's
option'' (collectively referred to herein as ``non-regular way
settlement'') directly to a Floor broker for manual execution.
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    \6\ Incorporated NYSE Rule 12 defines the term ``business day.''
    \7\ Incorporated NYSE Rule 282 sets forth buy-in procedures.
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    According to the NYSE filing,\8\ after adopting amendments in March
2009 requiring that all orders submitted to the NYSE be submitted for
regular way settlement (i.e., settlement on the third business day
following trade date),\9\ the NYSE recognized that there was a
continuing need for the availability of orders with non-regular way
settlement instructions. NYSE customers have expressed that certain
trading strategies and/or expiration of certain trading instruments
(e.g., rights and warrants) require the ability to submit orders to the
NYSE that contain instructions for execution with non-regular way
settlement. To accommodate the needs of its customers, the NYSE adopted
NYSE Rule 14 (Non-Regular Way Settlement Instructions for Orders) to
allow customers to directly transmit an order containing instructions
for cash, next day and seller's option settlement to a Floor broker for
representation in the trading crowd. In addition, the NYSE added Rule
14 references to several NYSE rules that relate in some way to these
settlement instructions.
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    \8\ See supra note 5.
    \9\ See Securities Exchange Act Release No. 59446 (February 25,
2009), 74 FR 9323 (March 3, 2009) (Notice of Filing and Immediate
Effectiveness of SR-NYSE-2009-17).
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    Under the NYSE filing, references to proposed NYSE Rule 14 (Non-
Regular Way Settlement Instructions for Orders) and non-regular way
settlement instructions were added to NYSE Rule 12 (``Business Day''),
and specific provisions related to orders submitted with cash
settlement instructions were added to NYSE Rule 282 (Buy-in
Procedures).
    FINRA is making conforming changes to Incorporated NYSE Rules 12
and 282 to ensure consistency with NYSE's versions of Rules 12 and
282.\10\
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    \10\ Pursuant to Rule 17d-2 under the Exchange Act, NASD, NYSE,
and NYSE Regulation, Inc., entered into an agreement (``Agreement'')
to reduce regulatory duplication for firms that are Dual Members by
allocating certain regulatory responsibilities for selected NYSE
rules from NYSE Regulation to FINRA. The Agreement includes a list
of all those rules (``Common Rules'') for which FINRA has assumed
examination, enforcement and surveillance responsibilities under the
Agreement relating to compliance by Dual Members to the extent that
such responsibilities involve member firm regulation. See Securities
Exchange Act Release No. 56148 (July 26, 2007), 72 FR 42146 (August
1, 2007) (Notice of Filing and Order Approving and Declaring
Effective a Plan for the Allocation of Regulatory Responsibilities).
The Common Rules are the same NYSE rules that FINRA has incorporated
into its rulebook. See Securities Exchange Act Release No. 56147
(July 26, 2007), 72 FR 42166 (August 1, 2007) (Notice of Filing and
Order Granting Accelerated Approval of Proposed Rule Change to
Incorporate Certain NYSE Rules Relating to Member Firm Conduct; File
No. SR-NASD-2007-054).

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

    FINRA has filed the proposed rule change for immediate
effectiveness and has requested that the SEC waive the requirement that
the proposed rule change not become operative for 30 days after the
date of the filing, such that FINRA can implement the proposed rule
change immediately.
2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(6) of the Act,\11\ which requires, among
other things, that FINRA rules must be designed to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade, and, in general, to protect investors and the
public interest. FINRA believes that the proposed rule change is
necessary and appropriate to restore the ability of NYSE market
participants to enter orders with other than ``regular way'' settlement
instructions and maintain consistency with the NYSE's amendments to its
Rules 12 and 282.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78o-3(b)(6).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    FINRA does not believe that the proposed rule change will result in
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    Written comments were neither solicited nor received.

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

    Because the proposed rule change does not: (i) Significantly affect
the protection of investors or the public interest, (ii) impose any
significant burden on competition, and (iii) become operative for 30
days after the date of the filing, or such shorter time as the
Commission may designate, if consistent with the protection of
investors and the public interest, it has become effective pursuant to
Section 19(b)(3)(A) \12\ of the Act and Rule 19b-4(f)(6)
thereunder.\13\
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative until 30 days after the date of filing.\14\
However, Rule 19b-4(f)(6)(iii) \15\ permits the Commission to designate
a shorter time if such action is consistent with the protection of
investors and the public interest. FINRA has requested that the
Commission waive the 30-day operative delay so that the proposed rule
change may become operative immediately. Specifically, FINRA states
that waiving the 30-day operative delay will allow FINRA's Incorporated
NYSE Rules to maintain their status as Common Rules under the
Agreement. Accordingly, the Commission believes that allowing the
proposed rule change to become operative immediately is consistent with
the protection of investors and the public interest, because it will
enable FINRA to maintain consistency between its rules and NYSE's rules
for purposes of the Agreement.\16\
---------------------------------------------------------------------------

    \14\ Id.
    \15\ 17 CFR 240.19b-4(f)(6)(iii). In addition, Rule 19b-
4(f)(6)(iii) requires a self-regulatory organization to give the
Commission written notice of its intent to file the proposed rule
change at least five business days prior to the date of filing of
the proposed rule change, or such shorter time as designated by the
Commission. FINRA has satisfied this requirement.
    \16\ For purposes only of waiving the 30-day operative delay of
the proposal, the Commission has considered the proposed rule's
impact on efficiency, competition and capital formation. 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-FINRA-2009-053 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-FINRA-2009-053. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of FINRA. All comments
received will be posted without change; the Commission does not edit
personal identifying information from submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-FINRA-2009-053 and should be
submitted on or before September 1, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
---------------------------------------------------------------------------

    \17\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-19142 Filed 8-10-09; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 87, Number 133 (Wednesday, July 13, 2022)]
[Notices]
[Pages 41712-41713]
[FR Doc No: 2022-14902]

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ENVIRONMENTAL PROTECTION AGENCY

[Petition IV-2021-7; FRL-9979-01-R4]

Clean Air Act Operating Permit Program; Petition for Objection to
State Operating Permit for U.S. Steel Seamless Tubular Operations--
Fairfield Works Pipe Mill (Jefferson County, Alabama)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final order on petition to object to title V
operating permit.

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SUMMARY: The EPA Administrator signed an Order, dated June 16, 2022,
denying the petition submitted by Greater-Birmingham Alliance to Stop
Pollution (Petitioner) objecting to a proposed modification to a Clean
Air Act (CAA) title V operating permit issued to U.S. Steel Seamless
Tubular Operations for its Fairfield Works Pipe Mill (Permittee)
located in Jefferson County, Alabama. The Order responds to a June 7,
2021, petition requesting that EPA object to the final operating permit
no. 4-07-0371-09. This permitting action was a significant modification
issued by the Jefferson County Department of Health (JCDH). The Order
constitutes a final action on the petition addressed therein.

ADDRESSES: Copies of the Order, the petition, and all pertinent
information relating thereto are on file at the following location: EPA
Region 4; Air and Radiation Division; 61 Forsyth Street, SW; Atlanta,
Georgia 30303-8960. The Order is also available electronically at the
following address: https://www.epa.gov/system/files/documents/2022-06/US%20Steel%20Order_6-16-22.pdf.

FOR FURTHER INFORMATION CONTACT: Art Hofmeister, Air Permits Section,
EPA Region 4, at<PHONE_NUMBER> or [email protected].

SUPPLEMENTARY INFORMATION: The CAA affords EPA a 45-day period to
review and, as appropriate, the authority to object to operating
permits proposed by state permitting authorities under title V of the
CAA, 42 U.S.C. 7661-7661f. Section 505(b)(2) of the CAA and 40 CFR
70.8(d) authorize any person to petition the EPA Administrator to
object to a title V operating permit within 60 days after the
expiration of the EPA's 45-day review period if EPA has not objected on
its own initiative. Petitions must be based only on objections to the
permit that were raised with reasonable specificity during the public
comment period provided by the permitting authority, unless the
petitioner demonstrates that it was impracticable to raise these issues
during the comment period or the grounds for the issues arose after
this period. Pursuant to sections 307(b) and 505(b)(2) of the CAA, a
petition for judicial review of those parts of the Order that deny
issues in the petition may be filed in the United States Court of
Appeals for the appropriate circuit within 60 days from the date this
notice is published in the Federal Register.
    Petitioner submitted a petition requesting that EPA object to the
CAA title V operating permit no. 4-07-0371-09 issued by JCDH to the
Fairfield Works Pipe Mill. Petitioner claims: the public did not have a
meaningful opportunity to comment on the applicability of major and
minor new source review (NSR); the Permittee violated the state
implementation plan by failing to commence construction of the electric
arc furnace (EAF) within 24

months of JCDH's approval and, thus, required a new construction
permit; JCDH failed to issue an NSR permit for the EAF both initially
and after the failure to timely commence construction; and the permit
failed to assure compliance with a valid NSR permit that should have
been issued by JCDH.
    On June 16, 2022, the Administrator issued an Order denying the
petition. The Order explains EPA's bases for denying the petition.

    Dated: July 5, 2022.
Daniel Blackman,
Regional Administrator, Region 4.
[FR Doc. 2022-14902 Filed 7-12-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 128 (Thursday, July 2, 2020)]
[Notices]
[Pages 39896-39897]
[FR Doc No: 2020-14276]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 553-235]

Seattle City Light; Notice of Intent To File License Application,
Filing of Pre-Application Document (Pad), Commencement of Pre-Filing
Process, and Scoping; Waiving Parts of The Pre-Filing Process; Request
for Comments on the Pad and Scoping Document, and Identification of
Issues and Associated Study Requests

    a. Type of Filing: Notice of Intent to File License Application for
a New License and Commencing Pre-filing Process.
    b. Project No.: 553-235.
    c. Dated Filed: April 27, 2020.
    d. Submitted By: Seattle City Light.
    e. Name of Project: Skagit River Hydroelectric Project.
    f. Location: On the Skagit River, in Whatcom, Snohomish, and Skagit
Counties, Washington. The project occupies 19,281.93 acres of United
States lands under the jurisdiction of the National Park Service and
the U.S. Forest Service.
    g. Filed Pursuant to: 18 CFR part 5 of the Commission's
Regulations.
    h. Potential Applicant Contact: Andrew Bearlin, Seattle City Light,
Skagit License Manger, PO Box 34023, Seattle, Washington 98104-4023;
phone:<PHONE_NUMBER> or email at<EMAIL_ADDRESS>    i. FERC Contact: Matt Cutlip at<PHONE_NUMBER> or email at
<EMAIL_ADDRESS>    j. Cooperating agencies: Federal, state, local, and tribal agencies
with jurisdiction and/or special expertise with respect to
environmental issues that wish to cooperate in the preparation of the
environmental document should follow the instructions for filing such
requests described in item o below. Cooperating agencies should note
the Commission's policy that agencies that cooperate in the preparation
of the environmental document cannot also intervene. See 94 FERC 61,076
(2001).
    k. With this notice, we are initiating informal consultation with:
(a) The U.S. Fish and Wildlife Service and NOAA Fisheries under section
7 of the Endangered Species Act and the joint agency regulations
thereunder at 50 CFR, Part 402 and (b) the State Historic Preservation
Officer, as required by section 106, National Historic Preservation
Act, and the implementing regulations of the Advisory Council on
Historic Preservation at 36 CFR 800.2.
    l. With this notice, we are designating Seattle City Light as the
Commission's non-federal representative for carrying out informal
consultation, pursuant to section 7 of the Endangered Species Act and
section 106 of the National Historic Preservation Act.
    m. Seattle City Light filed with the Commission a Pre-Application
Document (PAD; including a proposed process plan and schedule),
pursuant to 18 CFR 5.6 of the Commission's regulations.
    n. In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents via the internet through
the Commission's Home Page (http://www.ferc.gov) using the eLibrary
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. At this time, the
Commission has suspended access to the Commission's Public Reference
Room, due to the proclamation declaring a National Emergency concerning
the Novel Coronavirus Disease (COVID-19), issued by the President on
March 13, 2020. For assistance, contact FERC at
<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TYY,
(202) 502-8659.
    Register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filing and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    o. With this notice, we are soliciting comments on the PAD and
Commission's staff Scoping Document 1 (SD1), as well as study requests.
All comments on the PAD and SD1, and study requests should be sent to
the address above in paragraph h. In addition, all comments on the PAD
and SD1, study requests, requests for cooperating agency status, and
all communications to and from Commission staff related to the merits
of the potential application must be filed with the Commission.
    The Commission strongly encourages electronic filing. Please file
all documents using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief
comments up to 6,000 characters, without prior registration, using the
eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You
must include your name and contact information at the end of your
comments. For assistance, please contact FERC Online Support at
[email protected]
    All filings with the Commission must bear the appropriate heading:
Comments on Pre-Application Document, Study Requests, Comments on
Scoping Document 1, Request for Cooperating Agency Status, or
Communications to and from Commission Staff. Any individual or entity
interested in submitting study requests, commenting on the PAD or SD1,
and any agency requesting cooperating status must do so by October 24,
2020.
    p. Although our current intent is to prepare an environmental
assessment (EA), there is the possibility that an Environmental Impact
Statement (EIS) will be required. Nevertheless, this Scoping Document
will satisfy the NEPA scoping requirements, irrespective of whether an
EA or EIS is issued by the Commission.
    Scoping Meetings and Environmental Site Review: Due to the
proclamation declaring a National Emergency concerning the Novel
Coronavirus Disease (COVID-19), issued by the President on March 13,
2020, we are waiving section 5.8(b)(viii) of the Commission's
regulations and do not intend to conduct a public scoping meeting or
site visit in this case. Instead, we are soliciting written comments,
recommendations, and information, on the SD1. Any individual or entity
interested in submitting scoping comments must do so by the date
specified in item o. SD1, which outlines the subject areas to be
addressed in the environmental document, was mailed to the individuals
and entities on the Commission's official mailing list. Copies of SD1
may be viewed on the web at http://www.ferc.gov, using the eLibrary
link. Follow the directions for accessing information in paragraph n.
Based on all written comments, a Scoping Document 2 (SD2) may be
issued. SD2 may include a revised process plan and schedule, as well as
a list of issues, identified through the scoping process.
    We may conduct the site visit, if needed, later in the process,
such as in conjunction with the study plan meeting required by section
5.11(e) of the Commission's regulations which is required to occur by
January 7, 2021. Further revisions to the schedule may be made as
appropriate.

    Dated: June 26, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-14276 Filed 7-1-20; 8:45 am]
BILLING CODE 6717-01-P


Table 2: Annual Respondent Burden and Cost Of Reporting And Recordkeeping Requirements Of The Standards For Batch Vapor And In Line Cleaning Machines Activity ( A)

Person hours per Occurrence ( B) Number of Occurrences per respondent per year ( C) Person hours per respondent per yeara C= A* B ( D) Respondents per yearb ( E)

Total Hours Per Year E= C* D ( F) Total Cost Per year 1. Applications Not Applicable 2. Surveys and Studies Not Applicable 3. Reporting Requirements A. Read Instructions 2.00 1.00 2.00 393 d 786.00 $ 31,259.22 B. Gather Existing Information included in 3. C C. Write Report Initial Notification Report 1.00 1.00 1.00 393 d 393.00 $ 15,629.61 Initial Compliance Report 4.00 1.00 4.00 393 d 1,572.00 $ 62,518.44  Performance Test Results 30.00 1.00 30 e 39 f 1,170.00 $ 46,530.90 Annual Compliance Report 1.50 1.00 1.50 1,180.00 1,770.00 $ 70,329.90 Exceedance Report ( with Exceedance) 1.00 3 g 3.00 118 h 354.00 $ 14,078.58 Exceedance Report ( no Exceedance) 0.50 1 g 0.50 1062 h 531.00 $ 21,117.87 4. Recordkeeping Requirements A. Read Instructions Included in 3. A B. Plan Activities 1.00 1.00 1.00 393 d 393.00 $ 15,629.61 C. Implement Activities Performance Test 50.00 1.00 50.00 39 f 1,950.00 $ 77,551.50 Control Device Monitoring 1.64 j 12.00 19.68 590 k 11,611.00 $ 461,769.47 Solvent Consumption Log 1.50 12.00 18.00 590 i 10,620.00 $ 422,357.40 D. Record Data Control Device Monitoring Records 1.2 m 12.00 14.40 590 k 8,496.00 $ 337,885.92 Solvent Emission Calculation 0.75 12.00 9.00 590 i 5,310.00 $ 211.178.70 E. Time to Train Personnel Not applicable SUBTOTAL ( labor cost only) 44,956.00 $ 1,787,900.10 Table 2: Annual Respondent Burden and Cost Of Reporting And Recordkeeping Requirements Of The Standards For Batch Vapor And In Line Cleaning Machines Activity ( A)

Person hours per Occurrence ( B) Number of Occurrences per respondent per year ( C) Person hours per respondent per yeara C= A* B ( D) Respondents per yearb ( E)

Total Hours Per Year E= C* D ( F) Total Cost Per year 5. Capital/ Start up Cost ( Annualized) 1 $ 3,078,620.00 6. O & M Cost2 $ 1,012,440.00 TOTAL ANNUAL BURDEN $ 5,704,538.02 a All tasks are assumed to be performed by a technical person $ 18.94 + 110% overhead = $ 39.77.

b Total number of facilities estimated as: 3,069 cleaning machines/ 2.6 cleaning machines per facility = 1180 facilities. One time costs were averaged over three years.

1180 facilities / 3 years = 393 facilities/ year.

c Costs were calculated by multiplying the total number of hours by the hourly wages noted in footnotes a and e for column ( C).

d One time costs were estimated based on 1180 facilities averaged over 3 years: 1180/ 3 years = 393 facilities/ year.

e Idling emission or dwell test and report are estimated to require 70 technical hours and 10 managerial hours total ( or 87.5%@$ 39.77/ hr + 12.5%@$ 56.63/ hr =

$ 41.86/ hr average hourly rate). The hours were divided between the test itself ( 50 hours) and the test report ( 30 hours).

f Assumed that 50% of the facilities will choose the equipment standard; 20% of those will conduct one time idling test; and one time cost is averaged over 3 years:

50% x 1180 facilities x 20% / 3 years = 39 facilities.

g Burden of one quarterly and one semiannual exceedance report was included in the burden estimate for the annual report.

h Assumed that 10% of the facilities are in exceedance one time per year: 10% x 1180 facilities = 118 facilities.

i Activities planning is assumed to be performed by a manager ($ 56.63/ hr).

j Actual monitoring is conducted weekly, monthly or quarterly for specified control devices. This estimate includes weekly, monthly, and quarterly times based on the typical control devices expected to be installed.

k Assumed that 50% of the facilities will choose the equipment standard and will be required to conduct control device monitoring: 50% x 1180 facilities = 590 facilities.

l Assumed that 50% of the facilities will choose to do solvent consumption monitoring: 50% x 1180 facilities = 590 facilities.

m Assumed to require 20 minutes per cleaning machine, 2.6 machines per facility, and 20 minutes for overall recordkeeping: [( 0.33 hrs/ cleaner)( 2.6 cleaners/ facility)] + 0.33 hrs/ facility = 1.2 hrs/ facility.

n This includes calculations of monthly emissions and a 3 month rolling average emissions from solvent data o Assumed to be included in facilities' regular training ( no special training required)

p Assumes 100% of facilities purchase equipment to comply with Standard ($ 2,609 annualized cost/ year x 1180 facilities= $ 3,078,620/ year).


[Federal Register Volume 82, Number 52 (Monday, March 20, 2017)]
[Rules and Regulations]
[Pages 14327-14332]
[FR Doc No: 2017-05464]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R04-RCRA-2016-0497; FRL-9959-14-Region 4]

Alabama: Final Authorization of State Hazardous Waste Management
Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: Alabama has applied to the United States Environmental
Protection Agency (EPA) for final authorization of changes to its
hazardous waste program under the Resource Conservation and Recovery
Act (RCRA). EPA has determined that these changes satisfy all
requirements needed to qualify for final authorization, and is
authorizing the State's changes through this direct final rule. In the
``Proposed Rules'' section of today's Federal Register, EPA is also
publishing a separate document that serves as the proposal to authorize
these changes. EPA believes this action is not controversial and does
not expect comments that oppose it. Unless EPA receives written
comments that oppose this authorization during the comment period, the
decision to authorize Alabama's changes to its hazardous waste program
will take effect. If EPA receives comments that oppose this action, EPA
will publish a document in the Federal Register withdrawing today's
direct final rule before it takes effect, and the separate document
published in today's ``Proposed Rules'' section of this Federal
Register will serve as the proposal to authorize the changes.

DATES: This final authorization will become effective on May 19, 2017
unless EPA receives adverse written comment by April 19, 2017. If EPA
receives such comment, EPA will publish a timely withdrawal of this
direct final rule in the Federal Register and inform the public that
this authorization will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
RCRA-2016-0497, by one of the following methods:
     Federal eRulemaking Portal: www.regulations.gov. Follow
the on-line instructions for submitting comments.
     Email<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER> (prior to faxing, please notify the
EPA contact listed below).
     Mail: Send written comments to Audrey Baker, RCRA Programs
and Materials Management Section, Materials and Waste Management
Branch, Resource Conservation and Restoration Division, U.S.
Environmental Protection Agency, Atlanta Federal Center, 61 Forsyth
Street SW., Atlanta, Georgia 30303-8960.
     Hand Delivery or Courier: Deliver your comments to Audrey
Baker, RCRA Programs and Materials Management Section, Materials and
Waste Management Branch, Resource Conservation and Restoration
Division, U.S. Environmental Protection Agency, Atlanta Federal Center,
61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Such deliveries are
only accepted during the Regional Office's normal hours of operation,
and special

arrangements should be made for deliveries of boxed information.
    Instructions: EPA must receive your comments by April 19, 2017.
Direct your comments to Docket ID No. EPA-R04-RCRA-2016-0497. EPA's
policy is that all comments received will be included in the public
docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI), or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made publicly available
on the Internet. If you submit an electronic comment, EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD-ROM you submit. If EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. (For additional
information about EPA's public docket, visit the EPA Docket Center
homepage at www.epa.gov/epahome/dockets.htm).
    Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
at www.regulations.gov, or in hard copy.
    You may view and copy Alabama's applications and associated
publicly available materials from 8:00 a.m. to 4:00 p.m. at the
following locations: EPA Region 4, Resource Conservation and
Restoration Division, Atlanta Federal Center, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960; telephone number:<PHONE_NUMBER>; and the
Alabama Department of Environmental Management, 1400 Coliseum
Boulevard, Montgomery, Alabama 36110-2059; telephone number: (334) 271-
7700. Interested persons wanting to examine these documents should make
an appointment with the office at least a week in advance.

FOR FURTHER INFORMATION CONTACT: Audrey Baker, RCRA Programs and
Materials Management Section, Materials and Waste Management Branch,
Resource Conservation and Restoration Division, U.S. Environmental
Protection Agency, Atlanta Federal Center, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

A. Why are revisions to state programs necessary?

    States which have received final authorization from EPA under RCRA
section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste
program that is equivalent to, consistent with, and no less stringent
than the Federal program. As the Federal program changes, States must
change their programs and ask EPA to authorize the changes. Changes to
State programs may be necessary when Federal or State statutory or
regulatory authority is modified or when certain other changes occur.
Most commonly, States must change their programs because of changes to
EPA's regulations in 40 Code of Federal Regulations (CFR) parts 124,
260 through 268, 270, 273, and 279.
    New Federal requirements and prohibitions imposed by Federal
regulations that EPA promulgates pursuant to the Hazardous and Solid
Waste Amendments of 1984 (HSWA) take effect in authorized States at the
same time that they take effect in unauthorized States. Thus, EPA will
implement those requirements and prohibitions in Alabama, including the
issuance of new permits implementing those requirements, until the
State is granted authorization to do so.

B. What decisions has EPA made in this rule?

    On July 20, 2015 and August 15, 2016, Alabama submitted final
complete program revision applications seeking authorization of changes
to its hazardous waste program that correspond to certain Federal rules
promulgated between July 1, 2006 through June 30, 2008, and July 1,
2011 through June 30, 2014 (also known as RCRA Clusters XVII through
XVIII, and XXII through XXIII). EPA concludes that Alabama's
applications to revise its authorized program meet all of the statutory
and regulatory requirements established by RCRA, as set forth in RCRA
section 3006(b), 42 U.S.C. 6926(b), and 40 CFR part 271. Therefore, EPA
grants Alabama final authorization to operate its hazardous waste
program with the changes described in the authorization applications,
and as outlined below in Section G of this document.
    Alabama has responsibility for permitting treatment, storage, and
disposal facilities within its borders (except in Indian Country) and
for carrying out the aspects of the RCRA program described in its
revised program applications, subject to the limitations of HSWA, as
discussed above.

C. What is the effect of this authorization decision?

    The effect of this decision is that the changes described in
Alabama's authorization applications will become part of the authorized
State hazardous waste program, and will therefore be federally
enforceable. Alabama will continue to have primary enforcement
authority and responsibility for its State hazardous waste program. EPA
retains its authorities under RCRA sections 3007, 3008, 3013, and 7003,
including its authority to:
     Conduct inspections, and require monitoring, tests,
analyses, or reports;
     Enforce RCRA requirements, including authorized State
program requirements, and suspend or revoke permits; and
     Take enforcement actions regardless of whether the State
has taken its own actions.
    This action does not impose additional requirements on the
regulated community because the regulations for which Alabama is being
authorized by today's action are already effective and enforceable
requirements under State law, and are not changed by today's action.

D. Why wasn't there a proposed rule before today's rule?

    Along with this direct final rule, EPA is publishing a separate
document in the ``Proposed Rules'' section of today's Federal Register
that serves as the proposal to authorize these State program changes.
EPA did not publish a proposed rule before today because EPA views this
as a routine program change and does not expect comments that oppose
this approval. EPA is providing an opportunity for public comment now,
as described in Section E of this document.

E. What happens if EPA receives comments that oppose this action?

    If EPA receives comments that oppose this authorization, EPA will
withdraw today's direct final rule by publishing a document in the
Federal Register before the rule becomes effective. EPA will base any
further decision on the authorization of the State program changes on
the proposed rule mentioned in the previous section, after considering
all comments received during the comment period, and will address all
such comments in a later final rule. You may not have another
opportunity to comment on these State program changes. If you want to
comment on this authorization, you must do so at this time.
    If EPA receives comments that oppose only the authorization of a
particular change to the State hazardous waste program, EPA will
withdraw that part of today's direct final rule, but the authorization
of the program changes that the comments do not oppose will become
effective on the date specified above. The Federal Register withdrawal
document will specify which part of the authorization will become
effective, and which part is being withdrawn.

F. What has Alabama previously been authorized for?

    Alabama initially received final authorization on December 8, 1987,
effective December 22, 1987 (52 FR 46466), to implement a hazardous
waste management program. EPA granted authorization for changes to
Alabama's program on the following dates: November 29, 1991, effective
January 28, 1992 (56 FR 60926); May 13, 1992, effective July 12, 1992
(57 FR 20422); October 21, 1992, effective December 21, 1992 (57 FR
47996); March 17, 1993, effective May 17, 1993 (58 FR 20422); September
24, 1993, effective November 23, 1993 (58 FR 49932); February 1, 1994,
effective April 4, 1994 (59 FR 4594); November 14, 1994, effective
January 13, 1995 (59 FR 56407); August 14, 1995, effective October 13,
1995 (60 FR 41818); February 14, 1996, effective April 15, 1996 (61 FR
5718); April 25, 1996, effective June 24, 1996 (61 FR 5718); November
21, 1997, effective February 10, 1998 (62 FR 62262); December 20, 2000,
effective February 20, 2001 (65 FR 79769); March 15, 2005, effective
May 16, 2005 (70 FR 12593); June 2, 2005, effective August 1, 2005 (70
FR 32247); September 13, 2006, effective November 13, 2006 (71 FR
53989); and April 2, 2008, effective June 2, 2008 (73 FR 17924).

G. What changes is EPA authorizing with this action?

    On July 20, 2015 and August 15, 2016, Alabama submitted final
complete program revision applications seeking authorization of its
changes in accordance with 40 CFR 271.21. EPA now makes an immediate
final decision, subject to receipt of written comments that oppose this
action, that Alabama's hazardous waste program revisions are equivalent
to, consistent with, and no less stringent than the Federal program,
and therefore satisfy all of the requirements necessary to qualify for
final authorization. Therefore, EPA grants Alabama final authorization
for the following program changes:

----------------------------------------------------------------------------------------------------------------
     Description of Federal
          requirement               Federal Register date and page           Analogous state authority \1\
----------------------------------------------------------------------------------------------------------------
Checklist 214, Corrections to    71 FR 40254 7/14/06................  335-14-1-.02(117)(b); -02(167); -.02(178);
 Errors in the Code of Federal                                         -.02(180); -.02(196); -.02(205); -
 Regulations.                                                          .02(266); -.02(273);
                                                                      335-14-1-.03(2)(a)1.; -.03(2)(d)1.(ii); -
                                                                       .03(20)(a); -.03(21);
                                                                      335-14-2-.01(2)(c)1.(i); -.01(3)(a)2.(i);
                                                                       .01(4)(a)20.(v); -.01(4)(b)6.(i)(II); -
                                                                       .01(4)(b)6.(ii); -.01(4)(b)6.(ii)(IV)-
                                                                       (V); -.01(4)(b)9.; -.01(4)(e)2.(vi); -
                                                                       .01(4)(e)3.(i); -.01(6)(a)2.(ii)-(iv); -
                                                                       .01(6)(c)2.;
                                                                      335-14-2-.03(2)(a)3.; -.03(2)(a)3.(i)-
                                                                       (ii); -.03(2)(a)3.(ii)(I)-(IV); -
                                                                       .03(2)(a)4.; -.03(2)(a)4.(i); -
                                                                       .03(2)(a)4.(i)(I)-(IV); -
                                                                       .03(2)(a)4.(i)(IV) Notes 1-4; -.03(5)(b);
                                                                      335-14-2-.04(2)(a)/Table; -.04(3)(a)/Table
                                                                       ``K107'' and ``K069'' entries; -
                                                                       .04(4)(e); -.04(4)(e)/Comment; -.04(4)(e)/
                                                                       Table; -.04(4)(f); -.04(4)(f)/Table;
                                                                      335-14-2 Appendices VII-VIII;
                                                                      335-14-3-.03(5)(a)1.(iv);
                                                                      335-14-3-.05(4)(b); -.05(7)(b); -
                                                                       .05(9)(a)1.;
                                                                      335-14-3-.07(1);
                                                                      335-14-3-.09(3)(a)1.(ii); -.09(4)(b)1.(i);
                                                                       -.09(4)(b)2.(i); -.09(5)(e); -.09(8)(a);
                                                                       .09(8)(a)5.;
                                                                      335-14-5-.01(1)(g)2.; -.01(4);
                                                                      335-14-5-.02(4)(b)7.(iii)(II); -.02(8)(b);
                                                                       -.02(9)(b)2.(iii);
                                                                      335-14-5-.06(8)(a)1.; -.06(8)(a)1.(i); -
                                                                       .06(8)(i)5.; -.06(9)(a)2.; -
                                                                       .06(9)(g)4.(i); -.06(10)(h)2.; -
                                                                       .06(12)(d);
                                                                      335-14-5-.07(2)(c); -.07(3)(b)8.; -.07(6)-
                                                                       (7); -.07(9)(c); -.07(10)(b)1.(ii);
                                                                      335-14-5-.08(1)(c); -.08(3)(b)2.; -
                                                                       .08(4)(b)7.; -.08(4)(b)8.; -.08(4)(e)5.;
                                                                       .08(6)(a)3.(i); -.08(6)(d)6.; -
                                                                       .08(6)(f)11.; -.08(8)(h)1.; -.08(12)(b);
                                                                       .08(12)(f); -.08(12)(g) Letter From Chief
                                                                       Financial Officer; -.08(12)(h)2.
                                                                       Guarantee For Liability Coverage; -
                                                                       .08(12)(h)2. Recitals, Item 13(a)
                                                                       Certification of Valid Claim; -
                                                                       .08(12)(h)2. Recitals, Item 14; -
                                                                       .08(12)(i) Hazardous Waste Facility
                                                                       Liability Endorsement, Item 2(e); -
                                                                       .08(12)(j) Hazardous Waste Facility
                                                                       Certificate of Liability Insurance, Item
                                                                       2(d); -.08(12)(k) Irrevocable Standby
                                                                       Letter of Credit; -.08(12)(k) Certificate
                                                                       of Valid Claim; -.08(12)(l); -.08(12)(l)
                                                                       Certification of Valid Claim; -.08(12)(m)
                                                                       Trust Agreement, Section 8(c); -
                                                                       .08(12)(n)1. Standby Trust Agreement,
                                                                       Sections 3(c)(1), 3(e)(3), 12, and 16;
                                                                      335-14-5-.09(6)(b)1.;
                                                                      335-14-5-.10(4)(c)4. Note; -.10(4)(d)4.; -
                                                                       .10(4)(e)2.(ii)-(iii); -.10(4)(e)2.(v)(I)-
                                                                       (II); -.10(4)(e)3.(i)-(ii); -
                                                                       .10(4)(g)1.(iii)-(iv); -
                                                                       .10(4)(g)2.(i)(I);

                                                                      335-14-5-.11(2)(c)1.(i)(II); -
                                                                       .11(2)(c)2.(ii); -.11(2)(e)1.; -
                                                                       .11(2)(e)2.(i)(II)-(III); -.11(4)(b)1.; -
                                                                       .11(7)(a)2.;
                                                                      335-14-5-.12(2)(a)2.(i)((I); -.12(3)(a)-
                                                                       (b); -.12(10)(b);
                                                                      335-14-5-.13(11)(c)7.; -.13(11)(d); -
                                                                       .13(14)(a);
                                                                      335-14-5-.14(2)(b)2.; -.14(3)(a); -
                                                                       .14(3)(b); -.14(5)(b)1.; -.14(15)(f)2.; -
                                                                       .14(18)(a);
                                                                      335-14-5-.15(5)(b);
                                                                      335-14-5-.19(3)(e)4.(iii); -
                                                                       .19(3)(e)4.(iv)(VI); -
                                                                       .19(3)(e)6.(iii)(V); -.19(4)(e); -
                                                                       .19(5)(a); -.19(6)(e)6.;
                                                                      335-14-5-.23(4)(a)1.; -.23(4)(a)4.(i); -
                                                                       .23(4)(a)5.; -.23(4)(b); -.23(4)(m)2.; -
                                                                       .23(4)(m)3.;
                                                                      335-14-5-.24(1); -.24(2)(a); -
                                                                       .24(2)(b)11.; -.24(2)(c)4.;
                                                                      335-14-5-.27(1); -.27(4)-(6);
                                                                      335-14-5-.28(1); -.28(9); -.28(15);
                                                                      335-14-5-.29(1); -.29(11);
                                                                      335-14-5-.30(2)(b)3.(iii); -.30(2)(c)3.; -
                                                                       .30(2)(c)3.(i); -.30(2)(d); -.30(3)(a);
                                                                      335-14-5-Appendix I/Table 1 and Table
                                                                       2(d);
                                                                      335-14-6-.01(1)(c)4.; -.01(1)(c)6.;
                                                                      335-14-6-.02(3)(a)1.; -.02(5)(b)1.; -
                                                                       .02(7)(b); -.02(10)(c)2.;
                                                                      335-14-6-.04(7)(b);
                                                                      335-14-6-.06(1)(d);
                                                                      335-14-6-.07(1)(b)4.; -.07(2)(c); -
                                                                       .07(3)(b)5.; -.07(3)(d)4.(iii)-(iv); -
                                                                       .07(4)(b); -.07(4)(e)4.; -.07(8)(b); -
                                                                       .07(10)(b)1.(ii);
                                                                      335-14-6-.08(1)(b); -.08(1)(b)2.; -
                                                                       .08(3)(a); -.08(6)(e)11.; -
                                                                       .08(8)(a)1.(i); -.08(8)(b)1.(i)-(ii);
                                                                      335-14-6-.09(5);
                                                                      335-14-6-.10(4)(e)2.(v)(I)-(II); -
                                                                       .10(4)(i)2.; -.10(5)(b)1.; -.10(5)(b)2.;
                                                                      335-14-6-.10(8)(b); -.10(12)(c);
                                                                      335-14-6-.11(2)(d)2.(i)(I)-(II); -
                                                                       .11(5)(b)1.; -.11(9)(a)2.(iii)(IV); -
                                                                       .11(9)(b)2.; -.11(10)(b)2.; -
                                                                       .11(10)(b)3.;
                                                                      335-14-6-.12(6)(b); -.12(10)(b)1.;
                                                                      335-14-6-.13(11)(a)4.; -.13(12)(a)1.;
                                                                      335-14-6-.14(2)(a); -.14(2)(d); -
                                                                       .14(3)(b); -.14(4)(b)1.; -.14(13)(a)1.; -
                                                                       .14(15)(f)1.(ii); -.14(15)(g)2.; -
                                                                       .14(17); -.14(17)(c)-(d);
                                                                      335-14-6-.17(6)(a)1.(i);
                                                                      335-14-6-.23(2)(c); -.23(4)(a)4.(i); -
                                                                       .23(4)(b); -.23(6)(b);
                                                                      335-14-6-.27(4); -.27(6);
                                                                      335-14-6-.28(14);
                                                                      335-14-6-.29(1); -.29(6); -.29(8); -
                                                                       .29(11);
                                                                      335-14-6-.30(1)(d); -.30(2)(b)3.(i)(II); -
                                                                       .30(2)(b)3.(iii); -.30(2)(c)3.; -
                                                                       .30(2)(d);
                                                                      335-14-6-Appendix I/Tables 1 and 2;
                                                                      335-14-6-Appendix V/Table;
                                                                      335-14-6-Appendix VI;
                                                                      335-14-7-.06(1)(a);
                                                                      335-14-7-.07(1)(a)/Table;
                                                                      335-14-7-.08(1); -.08(3)-(4); -.08(7); -
                                                                       .08(10);
                                                                      335-14-7-.14 heading;
                                                                      335-14-7-Appendices III-VII, IX, and XIII;
                                                                      335-14-8-.01(1)(a)2.; -.01(1)(b); -
                                                                       .01(1)(c)1.; -.01(1)(c)3.(i);
                                                                      335-14-8-.02(1)(j)1.; -.02(2)(d)1.; -
                                                                       .02(2)(d)2.; -.02(4)(k)7.; -.02(5)(a); -
                                                                       .02(5)(b)11.(ii); -.02(5)(b)19.(iii); -
                                                                       .02(5)(b)21.; -.02(8)(f); -.02(9)(b); -
                                                                       .02(9)(g); -.02(11)(i)2.; -.02(17)(c)15.;
                                                                      335-14-8-.03(4)(b);
                                                                      335-14-8-.04(2)(c); -.04(3)(b)2.(ii)(I)-
                                                                       (II);
                                                                      335-14-8-.07(1)(a); -.07(3)(b)2.;
                                                                      335-14-9-.01(2); -.01(4); -.01(6)-(7);
                                                                      335-14-9-.02(5);
                                                                      335-14-9-.04(1); -.04(3); -.04(5)-(6); -
                                                                       .04(8)-(9);
                                                                      335-14-9-.05(1);
                                                                      335-14-9-Appendix VIII;
                                                                      335-14-11-.02(4)(b); -.02(5)(a);
                                                                      335-14-11-.03(5)(a);
                                                                      335-14-17-.02(1)(b)2.; -.02(2); -.02(2)/
                                                                       Table 1;
                                                                      335-14-17-.05(5)(c)3.(i); -.05(5)(c)5.; -
                                                                       .05(6)(a); -.05(6)(c)2.; -.05(7)(a);
                                                                      335-14-17-.06(3)(a)-(b); -.06(3)(b)1.(ii);
                                                                       -.06(3)(b)6.(ii)-(iii); -.06(6)(a); -
                                                                       .06(6)(a)2.(i)(II); -.06(7)(a)2.; -
                                                                       .06(8)(a)2.(iii); -.06(10);
                                                                      335-14-17-.07(4)(b)3.; -.07(5)(e); and
                                                                      335-14-17-.08(1)(b)1.

Checklist 215, Cathode Ray       71 FR 42928, 7/28/06...............  335-14-1-.02(28)-(31);
 Tubes Rule.                                                          335-14-2-.01(4)(a)22.(i)-(iv);
                                                                      335-14-2-.04(9); and
                                                                      335-14-2-.05(1)-(3).
Checklist 218, F019 Exemption    73 FR 31756, 6/4/08................  335-14-1-.02(1)(a)(158);
 for Wastewater Treatment                                             335-14-2-.04(2)(b)4.; -.04(2)(b)4.(i); and
 Sludges from Auto                                                     -.04(2)(a)/Table.
 Manufacturing Zinc Phosphating
 Processes.
Checklist 228, Hazardous Waste   77 FR 22229........................  335-14-2-.04(3)(a) entry for K107; and
 Technical Corrections and       4/13/12............................  335-14-7-.03(1)(b).
 Clarifications Rule.
Checklist 229, Conditional       78 FR 46448........................  335-14-1-.02(1)(a)177.; -.02(1)(a)248.; -
 Exclusions for Solvent          7/31/13............................   .02(1)(a)312.;
 Contaminated Wipes.                                                  335-14-2-.01(4)(a)26.; -.01(4)(a)26.(i)-
                                                                       (v); -.01(4)(a)26.(v)(I)-(IV); -
                                                                       .01(4)(a)26.(vi); -.01(4)(b)(18); -
                                                                       .01(4)(b)(18)(i)-(v); -
                                                                       .01(4)(b)(18)(v)(I)-(IV); -
                                                                       .01(4)(b)(18)(vi); and -
                                                                       .01(4)(b)(18)(vi)(I)-(II).
----------------------------------------------------------------------------------------------------------------
\1\ The Alabama provisions are from the Alabama Hazardous Waste Management Rules 335-14-1, effective May 27,
  2008 (Checklists 214 and 215); March 31, 2009 (Checklist 218); March 26, 2013 (Checklist 228); and March 31,
  2015 (Checklist 229).

H. Where are the revised State rules different from the Federal rules?

    We consider the following State requirements to be more stringent
than the Federal requirements: Rules 335-14-2-.01(4)(a)26.(v)(IV) and
335-14-2-.01(4)(b)(18)(v)(IV) (from RCRA Cluster XXIII, Checklist 229)
because, in addition to the three types of records required by the
federal regulation, the State requires generators to maintain in their
onsite records, documentation that verifies that ``no free liquids''
were present in the container prior to shipment. The Federal
requirements found at 40 CFR 261.4(a)(26)(v) and 261.4(b)(18)(v) do not
include this record keeping requirement. These requirements are part of
Alabama's authorized program and are federally enforceable.
    EPA cannot delegate the Federal requirements at 40 CFR
261.39(a)(5), 261.40, and 261.41 contained in the Cathode Ray Tubes
Rule set forth in 71 FR 42928 (July 28, 2006). Although Alabama has
adopted these requirements at Rules 335-14-2-.05(1)(a)5., 335-14-
2-.05(2), and 335-14-2-.05(3), EPA will continue to implement those
requirements.

I. Who handles permits after the authorization takes effect?

    Alabama will issue permits for all the provisions for which it is
authorized and will administer the permits it issues. EPA will continue
to administer any RCRA hazardous waste permits or portions of permits
which EPA issued prior to the effective date of this authorization
until they expire or are terminated. EPA will not issue any more
permits or new portions of permits for the provisions listed in the
Table above after the effective date of this authorization. EPA will
continue to implement and issue permits for HSWA requirements for which
Alabama is not authorized.

J. How does today's action affect Indian Country (18 U.S.C. 1151) in
Alabama?

    Alabama is not authorized to carry out its hazardous waste program
in Indian Country within the State, which includes the Poarch Band of
Creek Indians. EPA will continue to implement and administer the RCRA
program in these lands.

K. What is codification and is EPA codifying Alabama's hazardous waste
program as authorized in this rule?

    Codification is the process of placing the State's statutes and
regulations that comprise the State's authorized hazardous waste
program into the Code of Federal Regulations. EPA does this by
referencing the authorized State rules in 40 CFR part 272. EPA is not
codifying the authorization of Alabama's changes at this time. However,
EPA reserves the amendment of 40 CFR part 272, subpart B, for the
authorization of Alabama's program changes at a later date.

L. Administrative Requirements

    The Office of Management and Budget (OMB) has exempted this action
from the requirements of Executive Order 12866 (58 FR 51735, October 4,
1993), and therefore this action is not subject to review by OMB. This
action authorizes State requirements for the purpose of RCRA 3006 and
imposes no additional requirements beyond those imposed by State law.
Accordingly, I certify that this action will not have a significant
economic impact on a substantial number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this action
authorizes pre-existing requirements under State law and does not
impose any additional enforceable duty beyond that required by State
law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4). For the same reason, this
action also does not significantly or uniquely affect the communities
of Tribal governments, as specified by Executive Order 13175 (65 FR
67249, November 9, 2000). This action 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, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it
merely authorizes State requirements as part of the State RCRA
hazardous waste program without altering the relationship or the
distribution of power and responsibilities established by RCRA. This
action also is not subject to Executive Order 13045 (62 FR 19885, April
23, 1997), because it is not economically significant and it does not
make decisions based on environmental health or safety risks. This rule
is not subject to Executive Order 13211, ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001) because it is not a significant
regulatory action under Executive Order 12866.
    Under RCRA section 3006(b), EPA grants a State's application for
authorization as long as the State meets the criteria required by RCRA.
It would thus be inconsistent with applicable law for EPA, when it
reviews a State authorization application, to require the use of any
particular voluntary consensus standard in place of another standard
that otherwise satisfies the requirements of RCRA. Thus, the

requirements of section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996),
in issuing this rule, EPA has taken the necessary steps to eliminate
drafting errors and ambiguity, minimize potential litigation, and
provide a clear legal standard for affected conduct. EPA has complied
with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining
the takings implications of the rule in accordance with the ``Attorney
General's Supplemental Guidelines for the Evaluation of Risk and
Avoidance of Unanticipated Takings'' issued under the executive order.
This rule does not impose an information collection burden under the
provisions of the Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et
seq.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this document and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication in the Federal Register. A major rule cannot take effect
until 60 days after it is published in the Federal Register. This
action is not a ``major rule'' as defined by 5 U.S.C. 804(2). This
action will be effective May 19, 2017, unless objections to this
authorization are received.

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Indian lands, Intergovernmental relations, Penalties,
Reporting and recordkeeping requirements.
    Authority: This action is issued under the authority of sections
2002(a), 3006, and 7004(b) of the Solid Waste Disposal Act, as amended,
42 U.S.C. 6912(a), 6926, and 6974(b).

    Dated: March 9, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.
[FR Doc. 2017-05464 Filed 3-17-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 116 (Wednesday, June 17, 2015)]
[Notices]
[Page 34636]
[FR Doc No: 2015-14938]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9929-29-OW]

Notice of a Public Meeting: The National Drinking Water Advisory
Council (NDWAC) Lead and Copper Rule Working Group Meeting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of a public meeting.

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

SUMMARY: The U.S. Environmental Protection Agency (EPA) is announcing a
public meeting of the National Drinking Water Advisory Council (NDWAC)
Lead and Copper Rule Working Group (LCRWG). The meeting is scheduled
for June 24 and 25, 2015, in Arlington, VA. During this meeting, the
LCRWG and EPA will focus discussions on the Lead and Copper Rule
revisions and the final report of the working group's recommendations
to the NDWAC.

DATES: The meeting on June 24, 2015, will be held from 9:00 a.m. to
5:00 p.m., eastern time, and on June 25, 2015, from 9:00 a.m. to 3:00
p.m., eastern time.

ADDRESS:  The meeting will be held at the Cadmus Group Inc., 1555
Wilson Blvd., Suite 300, Arlington, VA, and will be open to the public.
All attendees must sign in with the security desk and show photo
identification to enter the building.

FOR FURTHER INFORMATION CONTACT: For more information about this
meeting or to request written materials contact Lameka Smith, Standards
and Risk Management Division, Office of Ground Water and Drinking
Water; by phone at<PHONE_NUMBER> or by email at
<EMAIL_ADDRESS>For additional information about the Lead and
Copper Rule, please visit: http://water.epa.gov/lawsregs/rulesregs/sdwa/lcr/index.cfm.

SUPPLEMENTARY INFORMATION:
    Details about Participating in the Meeting: Members of the public
who would like to register for this meeting should contact Lameka Smith
by June 23, 2015, by email at<EMAIL_ADDRESS>or by phone at
202-564-1629. The LCRWG will allocate 15 minutes for the public's input
at the meeting on June 24th and 15 minutes on June 25th. Each oral
statement will be limited to five minutes at the meeting. It is
preferred that only one person present a statement on behalf of a group
or organization. To ensure adequate time for public involvement,
individuals or organizations interested in presenting an oral statement
should notify Lameka Smith no later than June 22, 2015. Any person who
wishes to file a written statement can do so before or after the LCRWG
meeting. Written statements intended for the meeting must be received
by June 22, 2015, to be distributed to all members of the working group
before the meeting. Any statements received on or after the date
specified will become part of the permanent file for the meeting and
will be forwarded to the LCRWG members for their information.
    Special Accommodations: For information on access or to request
special accommodations for individuals with disabilities please contact
Lameka Smith at<PHONE_NUMBER>, or by email at<EMAIL_ADDRESS>
at least 10 days prior to the meeting to give the EPA as much time as
possible to process your request.

    Dated: June 11, 2015.
Eric Bissonette,
Acting Director, Office of Ground Water and Drinking Water.
[FR Doc. 2015-14938 Filed 6-16-15; 8:45 am]
 BILLING CODE 6560-50-P