[Federal Register Volume 87, Number 157 (Tuesday, August 16, 2022)]
[Notices]
[Page 50345]
[FR Doc No: 2022-17542]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4593-DR; Docket ID FEMA-2022-0001]

Washington; Amendment No. 4 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Washington (FEMA-4593-DR), dated April 8, 2021, and
related determinations.

DATES: This change occurred on July 8, 2022.

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

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) hereby gives notice that pursuant to the authority vested in the
Administrator, under Executive Order 12148, as amended, David R.
Gervino, of FEMA is appointed to act as the Federal Coordinating
Officer for this disaster.
    This action terminates the appointment of Toney L. Raines as
Federal Coordinating Officer for this disaster.
    The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially Declared
Disaster Assistance--Disaster Housing Operations for Individuals and
Households; 97.050, Presidentially Declared Disaster Assistance to
Individuals and Households--Other Needs; 97.036, Disaster Grants--
Public Assistance (Presidentially Declared Disasters); 97.039, Hazard
Mitigation Grant.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2022-17542 Filed 8-15-22; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 88, Number 23 (Friday, February 3, 2023)]
[Notices]
[Pages 7441-7443]
[FR Doc No: 2023-02287]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-R10-OW-2022-0418; FRL 10624-01-OW]

Final Determination To Prohibit the Specification of and Restrict
the Use for Specification of Certain Waters Within Defined Areas as
Disposal Sites; Pebble Deposit Area, Southwest Alaska

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability.

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SUMMARY: Pursuant to Section 404(c) of the Clean Water Act (CWA), the
Environmental Protection Agency (EPA) is issuing a Final Determination
to prohibit the specification of and restrict the use for specification
of certain waters in the South Fork Koktuli River (SFK), North Fork
Koktuli River (NFK), and Upper Talarik Creek (UTC) watersheds as
disposal sites for certain discharges of dredged or fill material
associated with developing the Pebble deposit, a copper-, gold-, and
molybdenum-bearing ore body located in Southwest, Alaska.

FOR FURTHER INFORMATION CONTACT: For information concerning the Final
Determination, contact Palmer Hough, Oceans, Wetlands and Communities
Branch, Office of Water (4504-T), Environmental Protection Agency, 1200
Pennsylvania Avenue NW, Washington, DC 20460; telephone number (202)
566-1374; email address: [email protected]. For more information
about EPA's efforts in Bristol Bay and to review the CWA Section 404(c)
Final Determination, see http://www.epa.gov/bristolbay.

SUPPLEMENTARY INFORMATION:

I. Clean Water Act Section 404(c) Review Process

    The EPA's mission is to protect human health and the environment.
The CWA, the objective of which is to ``restore and maintain the
chemical, physical, and biological integrity of the Nation's waters,''
33 U.S.C 1251(a), is

essential to EPA's mission and establishes the basic structure for
regulating discharges of pollutants into waters of the United States.
To advance this overall objective, Section 301(a) of the CWA, 33 U.S.C.
1311(a), prohibits the discharge of any pollutant by any person into
waters of the United States except as authorized by specific provisions
of the Act, including a permit issued pursuant to Section 402 or 404,
33 U.S.C. 1342; 33 U.S.C. 1344. Section 404(a) of the CWA authorizes
the United States Army Corps of Engineers (USACE) to issue permits for
the discharge of dredged or fill material into waters of the United
States at specified disposal sites. 33 U.S.C. 1344(a). Section 404(b)
provides, subject to Section 404(c) of the CWA, each such disposal site
shall be specified for each such permit by USACE. 33 U.S.C. 1344(a). 33
U.S.C. 1344(b). Section 404(c) of the CWA authorizes the EPA to
prohibit the specification (including the withdrawal of specification)
of any defined area as a disposal site, and to deny or restrict the use
of any defined area for specification (including the withdrawal of
specification) as a disposal site, whenever it determines, after notice
and opportunity for public hearings, that the discharge of such
materials into such area will have an unacceptable adverse effect on
municipal water supplies, shellfish beds and fishery areas (including
spawning and breeding areas), wildlife, or recreational areas. 33
U.S.C. 1344(c). The EPA's regulations at 40 CFR part 231 govern the
Agency's exercise of its CWA Section 404(c) authority.

II. Proposed Mine at the Pebble Deposit

    The Pebble deposit in Southwest Alaska is a large, low-grade
copper-, gold-, and molybdenum-bearing ore body deposit located at the
headwaters of the largely undeveloped Bristol Bay watershed that
underlies portions of the SFK, NFK, and UTC watersheds, which drain to
two of the largest rivers in the Bristol Bay watershed, the Nushagak
and Kvichak Rivers.
    In December 2017, Pebble Limited Partnership (PLP) submitted a CWA
Section 404 permit application to USACE to develop a mine at the Pebble
deposit that triggered the development of an Environmental Impact
Statement (EIS) pursuant to the National Environmental Policy Act
(NEPA). In response to the CWA Section 404 permit review and NEPA
processes, PLP submitted a revised permit application to USACE in June
2020 (i.e., the 2020 Mine Plan). On July 24, 2020, 85 FR 44890, USACE
published a Notice of Availability for the Final EIS (FEIS) in the
Federal Register and on November 20, 2020, USACE issued its Record of
Decision (ROD) denying PLP's CWA Section 404 permit application on the
basis that the 2020 Mine Plan would not comply with the CWA Section
404(b)(1) Guidelines and would be contrary to the public interest. By
letter dated November 25, 2020, USACE notified PLP that the proposed
project failed to comply with the CWA Section 404(b)(1) Guidelines
because ``the proposed project would cause unavoidable adverse impacts
to aquatic resources which would result in Significant Degradation to
aquatic resources.''

III. 2022 Proposed Determination

    In January 2022, consistent with its regulatory procedures for
proposed determinations at 40 CFR 231.3(a), EPA Region 10 notified
USACE, the Alaska Department of Natural Resources (ADNR), PLP, Pebble
East Claims Corporation, Pebble West Claims Corporation, and Chuchuna
Minerals (the Parties) of EPA Region 10's intention to issue a revised
proposed determination because, based on a review of information
available to that date, it continued to believe that the discharge of
dredged or fill material associated with mining the Pebble deposit
could result in unacceptable adverse effects on important fishery
areas. EPA Region 10 provided the Parties with an opportunity to
consult with the Region and to submit information for the record to
demonstrate that no unacceptable adverse effects would result from
discharges associated with mining the Pebble deposit or that actions
could be taken to prevent unacceptable adverse effects on important
fishery areas.
    ADNR, PLP, and Chuchuna Minerals submitted response letters, and
the EPA met individually with PLP and Chuchuna Minerals. None of the
Parties demonstrated to the satisfaction of EPA Region 10 that no
unacceptable adverse effects would occur as a result of the discharge
of dredged or fill material associated with mining the Pebble deposit.
Thus, EPA Region 10 decided that the appropriate next step in this CWA
Section 404(c) process was the publication of a revised proposed
determination (the 2022 Proposed Determination).
    Accordingly, on May 26, 2022, EPA Region 10 published in the
Federal Register a notice of availability and notice of public hearings
for the 2022 Proposed Determination for the Pebble Deposit Area,
Southwest Alaska issued pursuant to Section 404(c) of the Clean Water
Act (CWA) (87 FR 32021). On June 16 and 17, 2022, the EPA Region 10
held three public hearings. On June 30, 2022, the EPA published in the
Federal Register a Notice of extension of public comment period and
public hearing comment period through September 6, 2022 (87 FR 39091).
    On September 6, 2022, EPA Region 10 published in the Federal
Register a notice to extend the time period provided in 40 CFR 231.5(a)
to either withdraw the proposed determination or to prepare a
recommended determination through no later than December 2, 2022, to
help ensure full consideration of the extensive administrative record,
including all public comments (87 FR 54498, September 6, 2022). In
addition to the testimony taken at the hearings, EPA Region 10 received
more than 582,000 written comments during the public comment period.

IV. Recommended Determination

    EPA Region 10 completed its review of the extensive administrative
record, including all public comments, and the Regional Administrator
determined that the discharge of dredged or fill material associated
with developing the Pebble deposit would be likely to result in
unacceptable adverse effects on anadromous fishery areas. Accordingly,
EPA Region 10 prepared, and on December 1, 2022, transmitted to the
EPA's Assistant Administrator for Water a Recommended Determination,
along with the administrative record, for review and final action.
    On December 2, 2022, the Assistant Administrator for Water notified
the Parties that she had received EPA Region 10's Recommended
Determination and, consistent with the EPA's CWA Section 404(c)
regulations at 40 CFR 231.6, provided them the opportunity to notify
the EPA of their intent to take corrective action to prevent
unacceptable adverse effects on anadromous fishery areas from certain
discharges of dredged or fill material associated with developing the
Pebble deposit.
    ADNR, PLP, USACE, and Chuchuna Minerals submitted written responses
to the EPA's notification letters. ADNR also requested a meeting with
the EPA. The EPA met with ADNR and other representatives from the State
of Alaska. None of the Parties identified corrective action to prevent
unacceptable adverse effects satisfactory to the Assistant
Administrator for Water.
    After reviewing EPA Region 10's Recommended Determination; the
extensive administrative record supporting the Regional Administrator's
decision, including all public comments; letters from ADNR, PLP,

Chuchuna Minerals, and USACE; and considering the information provided
during the Agency's meeting with the State of Alaska, the Assistant
Administrator for Water has determined that certain discharges of
dredged or fill material associated with developing the Pebble deposit
into certain waters of the United States will have unacceptable adverse
effects on anadromous fishery areas and affirms the Recommended
Determination.

V. Final Determination

    Based on information in PLP's CWA Section 404 permit application,
the FEIS, and the ROD, discharges of dredged or fill material to
construct and operate the 2020 Mine Plan's proposed mine site would
result in the permanent loss of approximately 8.5 miles (13.7 km) of
anadromous fish streams, 91 miles (147 km) of additional streams that
support anadromous fish streams, and approximately 2,108 acres (8.5
km2) of wetlands and other waters in the SFK and NFK watersheds that
support anadromous fish streams. These discharges would also result in
streamflow alterations that would adversely affect approximately 29
miles (46.7 km) of additional anadromous fish streams downstream of the
mine site due to greater than 20 percent changes in average monthly
streamflow.
    The EPA has determined that the large-scale loss of and damage to
headwater streams, wetlands, and other aquatic resources that support
salmon populations in the SFK and NFK watersheds from the discharge of
dredged or fill material for the construction and routine operation of
the 2020 Mine Plan will have unacceptable adverse effects on anadromous
fishery areas in the SFK and NFK watersheds. The EPA has also
determined that discharges of dredged or fill material for the
construction and routine operation of a mine to develop the Pebble
deposit anywhere in the mine site area that would result in the same or
greater levels of loss or streamflow changes as the 2020 Mine Plan also
will have unacceptable adverse effects on anadromous fishery areas in
the SFK and NFK watersheds, because such discharges would involve the
same aquatic resources characterized as part of the evaluation of the
2020 Mine Plan.
    To prevent these unacceptable adverse effects, the Final
Determination prohibits the specification of certain waters of the
United States in the SFK and NFK watersheds as disposal sites for the
discharge of dredged or fill material for the construction and routine
operation of the 2020 Mine Plan, including future proposals to
construct and operate a mine to develop the Pebble deposit with
discharges of dredged or fill material into waters of the United States
that would result in the same or greater levels of aquatic resource
loss or streamflow changes as the 2020 Mine Plan. The Defined Area for
Prohibition encompasses certain headwaters of the SFK and NFK
watersheds and is delineated by the entirety of the Public Land Survey
System (PLSS) quarter sections where mine site discharges were proposed
in PLP's 2020 Mine Plan.
    Separately, the EPA has also determined that discharges of dredged
or fill material associated with future proposals to construct and
operate a mine to develop the Pebble deposit will have unacceptable
adverse effects on anadromous fishery areas (including spawning and
breeding areas) anywhere in the SFK, NFK, and UTC watersheds if the
adverse effects of such discharges are similar or greater in nature and
magnitude to the adverse effects of the 2020 Mine Plan.
    To prevent these unacceptable adverse effects, the Final
Determination restricts the use for specification of certain waters of
the United States in the SFK, NFK, and UTC watersheds as disposal sites
for the discharge of dredged or fill material associated with future
proposals to construct and operate a mine to develop the Pebble deposit
with discharges of dredged or fill material into waters of the United
States that would result in adverse effects similar or greater in
nature and magnitude to the adverse effects of the 2020 Mine Plan. The
Defined Area for Restriction encompasses certain headwaters of the SFK,
NFK, and UTC watersheds where discharges associated with developing the
Pebble deposit are likely. To the extent that future discharges are
subject to the prohibition, the restriction will not apply.
    The aquatic resources that would be lost or damaged by the
discharges evaluated by the EPA play an important role in supporting
salmon populations in the SFK, NFK, and UTC watersheds. Such resources
are also integral components of a larger ecosystem, which helps support
the health of the Bristol Bay watershed, an area of unparalleled
ecological value, boasting salmon diversity and productivity unrivaled
anywhere in North America. The watershed is made up of intact,
connected habitats--from headwaters to ocean--that support abundant,
genetically diverse wild Pacific salmon populations. The Bristol Bay
watershed's Sockeye Salmon run is the world's largest, producing
approximately half of the world's Sockeye Salmon. The watershed's
Chinook, Coho, Chum, and Pink salmon populations are also significant.
Bristol Bay's salmon populations support world-class, economically
important commercial and sport fisheries, as well as a more than 4,000-
year-old subsistence-based way of life for Alaska Natives.
    Proposals to discharge dredged or fill material into waters of the
United States associated with developing the Pebble deposit that are
not subject to this final determination remain subject to all statutory
and regulatory authorities and requirements under CWA Section 404.
    Considering the immense and unique economic, social, cultural, and
ecological value of the aquatic resources in the region, including the
fishery areas in the SFK, NFK, and UTC watersheds and their
susceptibility to damage, the EPA will carefully evaluate all future
proposals to discharge dredged or fill material in the region.

Radhika Fox,
Assistant Administrator.
[FR Doc. 2023-02287 Filed 2-2-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 93 (Friday, May 13, 2022)]
[Rules and Regulations]
[Page 29228]
[FR Doc No: 2022-10412]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2022-0377]

Safety Zone; Military Ocean Terminal Concord Safety Zone, Suisun
Bay, Military Ocean Terminal Concord, CA

AGENCY: Coast Guard, DHS.

ACTION: Notification of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce the safety zone in the navigable
waters of Suisun Bay, off Concord, CA, in support of explosive on-
loading to Military Ocean Terminal Concord (MOTCO) from May 12, 2022
through May 16, 2022. This safety zone is necessary to protect
personnel, vessels, and the marine environment from potential explosion
within the explosive arc. The safety zone is open to all persons and
vessels for transitory use, but vessel operators desiring to anchor or
otherwise loiter within the safety zone must obtain the permission of
the Captain of the Port San Francisco or a designated representative.
All persons and vessels operating within the safety zone must comply
with all directions given to them by the Captain of the Port San
Francisco or a designated representative.

DATES: The regulations in 33 CFR 165.1198 will be enforced from 12:01
a.m. on May 12, 2022 until 11:59 p.m. on May 16, 2022.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notification of enforcement, call or email Lieutenant Junior Grade
William Harris, Coast Guard Sector San Francisco, Waterways Management
Division,<PHONE_NUMBER>, [email protected].

SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety zone
in 33 CFR 165.1198 for the Military Ocean Terminal Concord, CA (MOTCO)
regulated area from 12:01 a.m. on May 12, 2022 until 11:59 p.m. on May
16, 2022, or as announced via marine local broadcasts. This safety zone
is necessary to protect personnel, vessels, and the marine environment
from potential explosion within the explosive arc. The regulation for
this safety zone, Sec.  165.1198, specifies the location of the safety
zone which encompasses the navigable waters in the area between 500
yards of MOTCO Pier 2 in position 38[deg]03'30'' N, 122[deg]01'14'' W
and 3,000 yards of the pier. During the enforcement periods, as
reflected in Sec.  165.1198(d), if you are the operator of a vessel in
the regulated area you must comply with the instructions of the COTP or
the designated on-scene patrol personnel. Vessel operators desiring to
anchor or otherwise loiter within the safety zone must contact Sector
San Francisco Vessel Traffic Service at<PHONE_NUMBER> or VHF Channel 14
to obtain permission.
    In addition to this notification of enforcement in the Federal
Register, the Coast Guard plans to provide notification of this
enforcement period via marine information broadcasts.

    Dated: May 6, 2022.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2022-10412 Filed 5-11-22; 11:15 am]
BILLING CODE 9110-04-P


[Federal Register: April 18, 2008 (Volume 73, Number 76)]
[Notices]
[Page 21169-21170]
[DOCID:fr18ap08-109]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Public Notice for Waiver of Aeronautical Land-use Assurance
Aurora Municipal Airport, Sugar Grove, IL

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of intent of waiver with respect to land.

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SUMMARY: The Federal Aviation Administration (FAA) is considering a
proposal to change a portion of airport land from aeronautical use to
non-aeronautical use and to authorize the sale of the airport property.
The proposal consists of a 0.1766-acre portion of Parcel 3 and a 0.9776
acre portion of Parcel 5, totaling 1.1542 acres. Presently the land is
vacant and used as open land for control of FAR Part 77 surfaces and
compatible land use and is not needed for aeronautical use, as shown on
the Airport Layout Plan. The Parcels were acquired in 1988 with Federal
participation. It is the intent of the City of Aurora, as owner and
operator of the Aurora Municipal Airport (AMA), to sell the subject
portions of Parcels 3 & 5 (1.1542 Acres) in fee to the Village of Sugar
Grove, for the construction of Municipal Drive. AMA would, in return,
receive land equivalent in acreage and value (a portion of Parcel 4)
from the Village of Sugar Grove. This notice announces that the FAA is
considering the proposal to authorize the disposal of the subject
airport property at the Aurora Municipal Airport, Sugar Grove, IL.
Approval does not constitute a commitment by the FAA to financially
assist in disposal of the subject airport property nor a determination
that all measures covered by the program are eligible for grant-in-aid
funding from the FAA.
    In accordance with section 47107(h) of Title 49, United States
Code, this notice is required to be published in the Federal Register
30 days before modifying the land-use assurance that requires the
property to be used for an aeronautical purpose.

DATES: Comments must be received on or before May 19, 2008.

ADDRESSES: Documents are available for review at the Airport Manager's
office (Bob Rieser, Aurora Municipal Airport, 43 W 636 U.S. 30, Sugar
Grove, IL 60554, Ph.<PHONE_NUMBER>) and the FAA Airports District Office
(Richard Pur, FAA, Chicago Airports District Office, 2300 E. Devon
Ave., Des Plaines, IL 60018, Ph.<PHONE_NUMBER>). Written comments on the
Sponsor's request must be delivered or mailed to: Richard Pur, FAA,
Chicago Airports District Office, 2300 E. Devon Ave., Des Plaines, IL
60018, Ph.<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Richard Pur, Program Manager, 2300
East Devon Avenue, Des Plaines, IL 60018. Telephone Number 847-294-
7527/Fax Number<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Following is a legal description of the
property located in Sugar Grove, Kane County, Illinois, and described
as follows:

Portion of Parcel 3

    That part of the east half of the Southeast Quarter of Section 17,
Township 36 North, Range 7 East of the Third Principal Meridian
described as follows: Commencing at the southeast corner of said
Section 17; thence North 00 degrees 24 minutes 41 seconds West
(assumed), along the east line of the Southeast Quarter of said Section
17, 1351.36 feet; thence South 89 degrees 35 minutes 19 seconds West,
80.00 feet to the west line of the east 80.00 feet of the north 1508.36
feet of the Southeast Quarter of said Section 17, for the Point of
Beginning, thence South 00 degrees 24 minutes 41 seconds East, along
said west line, 314.89 feet to the south line of the north 1508.36 feet
of the Southeast Quarter of said Section 17; thence South 89 degrees 14
minutes 52 seconds West, 75.05 feet along said south line to a point on
a curve; thence northerly along a curve to the left with radius of
700.00 feet, arc length of 327.11 feet, chord bearing North 12 degrees
56 minutes 33 seconds East, and chord length 324.14 feet to the Point
of Beginning, in Sugar Grove Township, Kane County, Illinois.
Containing 0.1766 acres, more or less.

Portion of Parcel 5

    That part of the southerly 550.00 feet (except the east 80.00 feet)
of the Northeast Quarter of Section 17, Township 36 North, Range 7 East
of the Third Principal Meridian described as follows: Commencing at the
southeast corner of the Northeast Quarter of said Section 17; thence
South 89 degrees 14 minutes 54 seconds West (assumed), along the south
line of the Northeast Quarter of said Section 17, 80.00 feet to the
west line of the east 80.00 feet of the Northeast Quarter of said
Section 17, and the Point of Beginning; thence north along a curve to
the left with radius of 700.00 feet, arc length of 489.73 feet, chord
bearing North 20 degrees 27 minutes 15 seconds West, and chord length
of 479.81 feet to a point of tangency; thence North 40 degrees 29

minutes 48 seconds West, 127.82 feet to the north line of the northerly
438.36 feet of the southerly 550 feet of the Northeast Quarter of said
Section 17; thence North 89 degrees 14 minutes 52 seconds East, along
said north line, 242.69 feet to the west line of the east 80.00 feet of
said Northeast Quarter; thence South 00 degrees 50 minutes 04 seconds
East, along said west line, 550 feet to the Point of Beginning, in
Sugar Grove Township, Kane County, Illinois. Containing 0.9776 acres,
more or less.
    The above described two parcels of land together contain 1.1542
acres, more or less.

    Issued in Des Plaines, Illinois on April 9, 2008.
Mia Ratcliff,
Acting Manager, Chicago Airports District Office, FAA, Great Lakes
Region.
[FR Doc. E8-8219 Filed 4-17-08; 8:45 am]

BILLING CODE 4910-13-M


	RCRA REVISION CHECKLIST 229

             Conditional Exclusions for Solvent Contaminated Wipes
                               78 FR 46448-46485
	July 31, 2013
	(RCRA Cluster XXIII, Non-HSWA)

Name of State:	Virginia
State Statutory Authority:	§ 10.1-1402 of the Code of Virginia
Title of Regulations: 	Virginia Hazardous Waste Management Regulations, 9VAC20-60
Effective Date:  Annual Update 2013 effective March 12, 2014 (VA.R. Volume 30, Issue 12, February 10, 2014)
Date Checklist Completed: 	June 15, 2018

                             FEDERAL REQUIREMENTS

                             FEDERAL RCRA CITATION

                           ANALOGOUS STATE CITATION

                               STATE ANALOG IS:

                                  EQUIV-ALENT

                                     LESS
                                    STRIN-
                                     GENT

                                MORE STRIN-GENT

                               BROADER IN SCOPE

             PART 260 HAZARDOUS WASTE MANAGEMENT SYSTEM:  GENERAL

                             SUBPART B DEFINITIONS

DEFINITIONS

No free liquids, as used in 40 CFR 261.4(a)(26) and 40 CFR 261.4(b)(18), means that solvent-contaminated wipes may not contain free liquids as determined by Method 9095B (Paint Filter Liquids Test), included in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods" (EPA Publication SW-846), which is incorporated by reference, and that there is no free liquid in the container holding the wipes. No free liquids may also be determined using another standard or test method as defined by an authorized state.
260.10 "no free liquids"
                                 9VAC20-60-18
               Incorporated by Reference (IBR) in 9VAC20-60-260A
                                       X

Solvent-contaminated wipe means (1) a wipe that, after use or after cleaning up a spill, either (i) Contains one or more of the F001 through F005 solvents listed in 40 CFR 261.31 or the corresponding P- or U- listed solvents found in 40 CFR 261.33; (ii) Exhibits a hazardous characteristic found in 40 CFR part 261 subpart C when that characteristic results from a solvent listed in 40 CFR part 261; and/or (iii) Exhibits only the hazardous waste characteristic of ignitability found in 40 CFR 261.21 due to the presence of one or more solvents that are not listed in 40 CFR part 261. (2) Solvent-contaminated wipes that contain listed hazardous waste other than solvents, or exhibit the characteristic of toxicity, corrosivity, or reactivity due to contaminants other than solvents, are not eligible for the exclusions at 40 CFR 261.4(a)(26) and 40 CFR 261.4(b)(18).
260.10 "Solvent-contaminated wipe"
                                 9VAC20-60-18
                             IBR in 9VAC20-60-260A
                                       X

Wipe means a woven or non-woven shop towel, rag, pad, or swab made of wood pulp, fabric, cotton, polyester blends, or other material.
260.10 "wipe"
                                 9VAC20-60-18
                             IBR in 9VAC20-60-260A
                                       X

            PART 261 IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

                               SUBPART A GENERAL

Add new paragraph by adding "Solvent-contaminated wipes that are sent for cleaning and reuse are not solid wastes from the point of generation, provided that "
261.4(a)(26)
                                 9VAC20-60-18
                            IBR in 9VAC20-60-261 A
                                       X

The solvent-contaminated wipes, when accumulated, stored, and transported, are contained in non-leaking, closed containers that are labeled "Excluded Solvent-Contaminated Wipes." The containers must be able to contain free liquids, should free liquids occur. During accumulation, a container is considered closed when there is complete contact between the fitted lid and the rim, except when it is necessary to add or remove solvent-contaminated wipes. When the container is full, or when the solvent-contaminated wipes are no longer being accumulated, or when the container is being transported, the container must be sealed with all lids properly and securely affixed to the container and all openings tightly bound or closed sufficiently to prevent leaks and emissions;
261.4(a)(26)(i)
                                 9VAC20-60-18
                            IBR in 9VAC20-60-261 A
                                       X

The solvent-contaminated wipes may be accumulated by the generator for up to 180 days from the start date of accumulation for each container prior to being sent for cleaning;
261.4(a)(26)(ii)
                                 9VAC20-60-18
                            IBR in 9VAC20-60-261 A
                                       X

At the point of being sent for cleaning on-site or at the point of being transported off-site for cleaning, the solvent-contaminated wipes must contain no free liquids as defined in section 260.10.
261.4(a)(26)(iii)
                                 9VAC20-60-18
                            IBR in 9VAC20-60-261 A
                                       X

Free liquids removed from the solvent-contaminated wipes or from the container holding the wipes must be managed according to the applicable regulations found in 40 CFR parts 260 through 273;
261.4(a)(26)(iv)
                                 9VAC20-60-18
                            IBR in 9VAC20-60-261 A
                                       X

Generators must maintain at their site the following documentation:
261.4(a)(26)(v)
                                 9VAC20-60-18
                            IBR in 9VAC20-60-261 A
                                       X

Name and address of the laundry or dry cleaner that is receiving the solvent-contaminated wipes;
261.4(a)(26)(v)(A)
                                 9VAC20-60-18
                            IBR in 9VAC20-60-261 A
                                       X

Documentation that the 180-day accumulation time limit in 40 CFR 261.4(a)(26)(ii) is being met;
261.4(a)(26)(v)(B)
                                 9VAC20-60-18
                            IBR in 9VAC20-60-261 A
                                       X

Description of the process the generator is using to ensure the solvent-contaminated wipes contain no free liquids at the point of being laundered or dry cleaned on-site or at the point of being transported off-site for laundering or dry cleaning;
261.4(a)(26)(v)(C)
                                 9VAC20-60-18
                            IBR in 9VAC20-60-261 A
                                       X

The solvent-contaminated wipes are sent to a laundry or dry cleaner whose discharge, if any, is regulated under sections 301 and 402 or section 307 of the Clean Water Act."
261.4(a)(26)(vi)
                                 9VAC20-60-18
                            IBR in 9VAC20-60-261 A
                                       X

Add new paragraph by adding "Solvent-contaminated wipes, except for wipes that are hazardous waste due to the presence of trichloroethylene, that are sent for disposal are not hazardous wastes from the point of generation provided that
261.4(b)(18)
                                 9VAC20-60-18
                            IBR in 9VAC20-60-261 A
                                       X

The solvent-contaminated wipes, when accumulated, stored, and transported, are contained in non-leaking, closed containers that are labeled "Excluded Solvent-Contaminated Wipes." The containers must be able to contain free liquids, should free liquids occur. During accumulation, a container is considered closed when there is complete contact between the fitted lid and the rim, except when it is necessary to add or remove solvent-contaminated wipes. When the container is full, or when the solvent-contaminated wipes are no longer being accumulated, or when the container is being transported, the container must be sealed with all lids properly and securely affixed to the container and all openings tightly bound or closed sufficiently to prevent leaks and emissions;
261.4(b)(18)(i)
                                 9VAC20-60-18
                            IBR in 9VAC20-60-261 A
                                       X

The solvent-contaminated wipes may be accumulated by the generator for up to 180 days from the start date of accumulation for each container prior to being sent for disposal;
261.4(b)(18)(ii)
                                 9VAC20-60-18
                            IBR in 9VAC20-60-261 A
                                       X

At the point of being transported for disposal, the solvent-contaminated wipes must contain no free liquids as defined in section 260.10.
261.4(b)(18)(iii)
                                 9VAC20-60-18
                            IBR in 9VAC20-60-261 A
                                       X

Free liquids removed from the solvent-contaminated wipes or from the container holding the wipes must be managed according to the applicable regulations found in 40 CFR parts 260 through 273;
261.4(b)(18)(iv)
                                 9VAC20-60-18
                            IBR in 9VAC20-60-261 A
                                       X

Generators must maintain at their site the following documentation:
261.4(b)(18)(v)
                                 9VAC20-60-18
                            IBR in 9VAC20-60-261 A
                                       X

Name and address of the landfill or combustor that is receiving the solvent-contaminated wipes;
261.4(b)(18)(v)(A)
                                 9VAC20-60-18
                            IBR in 9VAC20-60-261 A
                                       X

Documentation that the 180 day accumulation time limit in 40 CFR 261.4(b)(18)(ii) is being met;
261.4(b)(18)(v)(B)
                                 9VAC20-60-18
                            IBR in 9VAC20-60-261 A
                                       X

Description of the process the generator is using to ensure solvent-contaminated wipes contain no free liquids at the point of being transported for disposal;
261.4(b)(18)(v)(C)
                                 9VAC20-60-18
                            IBR in 9VAC20-60-261 A
                                       X

The solvent-contaminated wipes are sent for disposal
261.4(b)(18)(vi)
                                 9VAC20-60-18
                            IBR in 9VAC20-60-261 A
                                       X

To a municipal solid waste landfill regulated under 40 CFR part 258, including 40 CFR 258.40, or to a hazardous waste landfill regulated under 40 CFR parts 264 or 265; or
261.4(b)(18)(vi)(A)
                                 9VAC20-60-18
                            IBR in 9VAC20-60-261 A
                                       X

To a municipal waste combustor or other combustion facility regulated under section 129 of the Clean Air Act or to a hazardous waste combustor, boiler, or industrial furnace regulated under 40 CFR parts 264, 265, or 266 subpart H."
261.4(b)(18)(vi)(B)
                                 9VAC20-60-18
                            IBR in 9VAC20-60-261 A
                                       X


[Federal Register Volume 76, Number 77 (Thursday, April 21, 2011)]
[Rules and Regulations]
[Pages 22308-22310]
[FR Doc No: 2011-9277]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0310; Directorate Identifier 2010-NM-133-AD;
Amendment 39-16663; AD 2011-09-01]
RIN 2120-AA64

Airworthiness Directives; Airbus Model A340-541 and -642
Airplanes

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

ACTION: Final rule; request for comments.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) originated by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:
* * * * *
    * * * [S]ome Allowable Damage Limits and Repairs published in
SRM Chapters 57-61-12 PB101 and 57-61-12 PB201 were de-validated
starting from the SRM revision issued on January 2009. The
terminology ``De-validated SRM'' used in this AD text refers to the
SRM chapters mentioned above.
    In order to prevent complete inner aileron split due to possible
failure or disbonding of the repairs on the inner aileron panels
performed as per ``devalidated SRM'', which may result in flutter
coupling of the free aileron part, this AD requires a one time
inspection of the inner aileron panels to identify the presence of
``de-validated SRM'' repairs and, if necessary, to apply the
associated corrective actions [repair].

The flutter coupling of the free aileron part might result in
separation of the aileron from the airplane, degradation of airplane
control, and increased workload for the flight crew. This AD requires
actions that are intended to address the unsafe condition described in
the MCAI.

DATES: This AD becomes effective May 6, 2011.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of May 6, 2011.
    We must receive comments on this AD by June 6, 2011.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New
Jersey

Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone: 425-
227-1138; fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2010-0056, dated March 29, 2010 (referred to
after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:

    Following a Structural Repair Manual (SRM) repair strength re-
valuation, some Allowable Damage Limits (ADL) and Repairs of holes
and delaminations in composite panels have been found to be no more
compliant with certification requirements for A340-500/-600 inner
aileron.
    Therefore, some Allowable Damage Limits and Repairs published in
SRM Chapters 57-61-12 PB101 and 57-61-12 PB201 were de-validated
starting from the SRM revision issued on January 2009. The
terminology ``De-validated SRM'' used in this AD text refers to the
SRM chapters mentioned above. In order to prevent complete inner
aileron split due to possible failure or disbonding of the repairs
on the inner aileron panels performed as per ``devalidated SRM'',
which may result in flutter coupling of the free aileron part, this
AD requires a one time inspection [tap test and detailed visual
inspection or thermography inspection] of the inner aileron panels
to identify the presence of ``de-validated SRM'' repairs and, if
necessary, to apply the associated corrective actions [repair].

The flutter coupling of the free aileron part may result in separation
of the aileron from the airplane, degradation of airplane control, and
increased workload for the flight crew. You may obtain further
information by examining the MCAI in the AD docket.

Relevant Service Information

    Airbus has issued Mandatory Service Bulletin A340-57-5026,
including Appendices 1 and 2, dated February 1, 2010. The actions
described in this service information are intended to correct the
unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are issuing this AD because we
evaluated all pertinent information and determined the unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
    There are no products of this type currently registered in the
United States. However, this rule is necessary to ensure that the
described unsafe condition is addressed if any of these products are
placed on the U.S. Register in the future.

Differences Between the AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a NOTE within the AD.

FAA's Determination of the Effective Date

    Since there are currently no domestic operators of this product,
notice and opportunity for public comment before issuing this AD are
unnecessary.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2011-0310; Directorate
Identifier 2010-NM-133-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this AD because of
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2011-09-01 Airbus: Amendment 39-16663. Docket No. FAA-2011-0310;
Directorate Identifier 2010-NM-133-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective May 6,
2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A340-541, and -642
airplanes; certificated in any category; all serial numbers.

Subject

    (d) Air Transport Association (ATA) of America Code 57: Wings.

Reason

    (e) The mandatory continued airworthiness information (MCAI)
states:
* * * * *
    * * * [S]ome Allowable Damage Limits and Repairs published in
SRM Chapters 57-61-12 PB101 and 57-61-12 PB201 were de-validated
starting from the SRM revision issued on January 2009. The
terminology ``De-validated SRM'' used in this AD text refers to the
SRM chapters mentioned above.
    In order to prevent complete inner aileron split due to possible
failure or disbonding of the repairs on the inner aileron panels
performed as per ``devalidated SRM'', which may result in flutter
coupling of the free aileron part, this AD requires a one time
inspection of the inner aileron panels to identify the presence of
``de-validated SRM'' repairs and, if necessary, to apply the
associated corrective actions [repair].

    The flutter coupling of the free aileron part may result in
separation of the aileron from the airplane, degradation of airplane
control, and increased workload for the flight crew.

Compliance

    (f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Inspection

    (g) Within 800 flight hours after the effective date of this AD,
do a tap test and detailed inspection or a thermography inspection
of the affected inner aileron panels at the left and right wings to
detect any previously accomplished repairs performed in accordance
with any de-validated structural repair manual (SRM) defined in
Airbus Mandatory Service Bulletin A340-57-5026, dated February 1,
2010; do the actions in accordance with the Accomplishment
Instructions of Airbus Mandatory Service Bulletin A340-57-5026,
dated February 1, 2010.

    Note 1: For the purposes of this AD, a detailed inspection is:
``An intensive examination of a specific item, installation, or
assembly to detect damage, failure, or irregularity. Available
lighting is normally supplemented with a direct source of good
lighting at an intensity deemed appropriate. Inspection aids such as
mirror, magnifying lenses, etc., may be necessary. Surface cleaning
and elaborate procedures may be required.''

    (h) A review of airplane maintenance records is acceptable in
lieu of the inspection required by paragraph (g) of this AD if the
repairs performed in accordance with de-validated SRM, defined in
Airbus service bulletin A340-57-5026, dated February 1, 2010 (SRM
revisions dated before January 2009), can be conclusively identified
from that review.

Repair

    (i) If any de-validated SRM repairs are found during any actions
required by this AD, before further flight, repair in accordance
with a method approved by either the Manager, International Branch,
ANM 116, Transport Airplane Directorate, FAA; or the European
Aviation Safety Agency (or its delegated agent).

Parts Installation

    (j) As of the effective date of this AD, no person may install
an inner aileron panel having a de-validated SRM repair as defined
in Airbus Mandatory Service Bulletin A340-57-5026, dated February 1,
2010, unless it is inspected as specified in paragraph (g) of this
AD and all applicable corrective actions are done.

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information
as follows: No differences.

Other FAA AD Provisions

    (k) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it to Attn: Vladimir
Ulyanov, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.
Information may be e-mailed to<EMAIL_ADDRESS>
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
local flight standards district office/certificate holding district
office.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

Related Information

    (l) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA Airworthiness Directive 2010-0056, dated March 29, 2010;
and Airbus Mandatory Service Bulletin A340-57-5026, dated February
1, 2010; for related information.

Material Incorporated by Reference

    (m) You must use Airbus Mandatory Service Bulletin A340-57-5026,
excluding Appendix 1 and including Appendix 2, dated February 1,
2010, to do the actions required by this AD, unless the AD specifies
otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Airbus SAS--Airworthiness Office--EAL, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone: +33 5 61 93 36 96;
fax: +33 5 61 93 45 80; e-mail<EMAIL_ADDRESS>
Internet: http://www.airbus.com.
    (3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.
    (4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on April 8, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-9277 Filed 4-20-11; 8:45 am]
BILLING CODE 4910-13-P


"King, Heidi R."<EMAIL_ADDRESS> 06/25/2008 03:30 PM

To

Kathy Kaufman/RTP/USEPA/US@EPA

cc

Rosalina Rodriguez/RTP/USEPA/US@EPA, Brian Heninger/DC/USEPA/US@EPA, Tricia Crabtree/RTP/USEPA/US@EPA, Charles Fulcher/RTP/USEPA/US@EPA, Neal Fann/RTP/USEPA/US@EPA, Ron Evans/RTP/USEPA/US@EPA, Rosalina Rodriguez/RTP/USEPA/US@EPA, Tom Walton/RTP/USEPA/US@EPA, Tricia Crabtree/RTP/USEPA/US@EPA

Subject

RE: PB RIA for clearance

Kathy, I appreciate your accommodating that edit --

and yes, I will enjoy ;-)

heidi

-----Original Message-----

From<EMAIL_ADDRESS> <EMAIL_ADDRESS> Sent: Wednesday, June 25, 2008 3:22 PM

To: King, Heidi R.

Cc<EMAIL_ADDRESS><EMAIL_ADDRESS> <EMAIL_ADDRESS><EMAIL_ADDRESS> <EMAIL_ADDRESS><EMAIL_ADDRESS> <EMAIL_ADDRESS><EMAIL_ADDRESS> <EMAIL_ADDRESS> Subject: Re: PB RIA for clearance

Heidi -- the last edit requested by OPEI is now incorporated as the

bottom bullet to the table on ES-13, and as an addtional paragraph to

section 6.1.4 on page 6-15.

So here's your courtesy copy of the ultimate version of the Pb proposal

RIA.  I just re-sent it through Eileen Pritchard as well.

Enjoy!

-- Kathy

(See attached file: Pb RIA_Full Text 6-25-08 rev 1.doc)

Kathy Kaufman

EPA/OAQPS Mail Code C539-03

Research Triangle Park, NC 27711

Phone<PHONE_NUMBER>

Fax<PHONE_NUMBER>

             Kathy

             Kaufman/RTP/USEP

             A/US                                                    To

                                      "King, Heidi R."

             06/25/2008 11:28<EMAIL_ADDRESS>

             AM                                                      cc

                                      Brian Heninger/DC/USEPA/US@EPA,

                                      Charles Fulcher/RTP/USEPA/US@EPA,

                                      Darryl

                                      Weatherhead/RTP/USEPA/US@EPA,

                                      Lydia Wegman/RTP/USEPA/US@EPA,

                                      Neal Fann/RTP/USEPA/US@EPA, Ron

                                      Evans/RTP/USEPA/US@EPA, Rosalina

                                      Rodriguez/RTP/USEPA/US@EPA, Tom

                                      Walton/RTP/USEPA/US@EPA, Tricia

                                      Crabtree/RTP/USEPA/US@EPA

                                                                Subject

                                      PB RIA for clearance(Document

                                      link: Kathy Kaufman)

Heidi -- here's the full Pb proposal RIA, for clearance.

I just sent it through Eileen Pritchard in OPEI, but in the interest of

time am also forwarding courtesy copies directly to you.

Thanks.

-- Kathy

[attachment "Pb RIA_Full Text 6-25-08.doc" deleted by Kathy

Kaufman/RTP/USEPA/US]

Kathy Kaufman

EPA/OAQPS Mail Code C539-03

Research Triangle Park, NC 27711

Phone<PHONE_NUMBER>

Fax<PHONE_NUMBER>


[Federal Register: January 26, 2010 (Volume 75, Number 16)]
[Notices]
[Page 4066-4067]
[DOCID:fr26ja10-53]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-R03-CPB-2009-0500; FRL-9106-9]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; Chesapeake Registry; EPA ICR No.
2365.02, OMB Control No. 2003-0001

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In compliance with the Paperwork Reduction Act (PRA)(44 U.S.C.
3501 et seq.), this document announces that an Information Collection
Request (ICR) has been forwarded to the Office of Management and Budget
(OMB) for review and approval. This is a request to renew an existing
approved collection. The ICR, which is abstracted below, describes the
nature of the information collection and its estimated burden and cost.

DATES: Additional comments may be submitted on or before February 25,
2010.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-R03-
CBP-2009-0500, to both EPA and OMB. For EPA use one of the following
three methods:
     http://www.regulations.gov (our preferred method). Follow
the on-line instructions for submitting.
     Mail: EPA Docket Center (EPA/DC), Environmental Protection
Agency, Enforcement and Compliance Docket and Information Center, mail
code 28221T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460.
     E-mail<EMAIL_ADDRESS>    For OMB mail to: Office of Information and Regulatory Affairs,
Office of Management and Budget (OMB), Attention: Desk Officer for EPA,
725 17th Street, NW., Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Marguerite Duffy, USEPA Region III--
Chesapeake Bay Program, Annapolis City Marina, 410 Severn Avenue Suite
109 (3CB10), Annapolis, MD 21403; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>or
Doreen Vetter, telephone number<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On October 23, 2009 (74 FR 54801), EPA sought comments on this
ICR pursuant to 5 CFR 1320.8(d) and received no comments. Any
additional comments on this ICR should be submitted to EPA and OMB
within 30 days of this notice.
    EPA has established a public docket for this ICR under Docket ID
No. EPA-R03-CBP-2009-0500, which is available for online viewing at
http://www.regulations.gov, or in person viewing at EPA Docket Center
(EPA/DC), EPA West, Room 3334, 1301 Constitution Avenue, NW.,
Washington, DC. The EPA Docket Center Public Reading Room is open from
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Reading Room is<PHONE_NUMBER>,
and the telephone number for the Enforcement and Compliance Docket is
(202) 566-1752.
    Use EPA's electronic docket and comment system at http://
www.regulations.gov, to submit or view public comments, access the
index listing of the contents of the docket, and to access those
documents in the docket that are available electronically. Once in the
system, select ``docket search,'' key in the docket ID number
identified above, and hit the ``Submit'' icon. Please note that EPA's
policy is that public comments, whether submitted electronically or in
paper, will be made available for public viewing at http://
www.regulations.gov as EPA receives them and without change, unless the
comment contains copyrighted material, confidential business
information (CBI), or other information whose public disclosure is
restricted by statute. For further information about the electronic
docket, go to http://www.regulations.gov.
    Title: Chesapeake Registry.
    ICR numbers: EPA ICR No. 2365.02, OMB Control No. 2003-0001.
    ICR Status: This ICR is scheduled to expire on February 28, 2010.
Under OMB regulations, the Agency may continue to conduct or sponsor
the collection of information while this submission is pending at OMB.
An Agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information, unless it displays a currently
valid OMB control number. The OMB control numbers for EPA's regulations
in title 40 of the CFR, after appearing in the Federal Register when
approved, are listed in 40 CFR part 9, are displayed either by
publication in the Federal Register or by other appropriate means, such
as on the related collection instrument or form, if applicable. The
display of OMB control numbers in certain EPA regulations is
consolidated in 40 CFR part 9.
    Abstract: In 2008, EPA's Region III Chesapeake Bay Program Office
(CBPO) and its partners developed the Chesapeake Action Plan (CAP) to
strengthen and expand partnerships in the watershed, enhance
coordination of restoration activities, and increase the collective
accountability for protecting the Chesapeake Bay. One component
described in the CAP is a Web-enabled reporting system known as the
Activity Integration Plan now titled Chesapeake Registry. Through this
reporting system, participating organizations provide data about the
activities in which they are currently engaged, or plan to be engaged
in, to protect and restore the Chesapeake Bay and its watershed. The
ability to capture and account for Bay-wide implementation activities
was developed in response to recommendations by the Government
Accountability Office and directives of the Explanatory Statement of
the Fiscal Year (FY) 2008 Consolidated Appropriations Act (Pub. L. 110-
161). CBPO conducted its first activity data call in 2008 that included
10 Federal agencies, 7 States, and 2 local organizations.
    The EPA, on behalf of the partnership, intends to expand the data
call to more than 10 non-federal agencies and organizations to
strengthen the information base on which to support implementation
decisions and more recently, to support Executive Order (EO) 13508,
signed by President Barack Obama on May 12, 2009. Section 203(d) of the
EO directs EPA to identify the ``mechanisms that will assure that
governmental and other activities, including data collection and
distribution, are coordinated and effective, relying on existing
mechanisms where appropriate.''
    Section 204 further directs that ``Federal actions to protect and
restore the Chesapeake Bay are closely coordinated with actions by
State and local agencies in the watershed and that the resources,
authorities, and expertise of Federal, State, and local agencies are
used as efficiently as possible.'' The Chesapeake Registry and
associated data calls provide a mechanism for coordinated data
collections among federal and nonfederal entities protecting and
restoring the Bay and its watershed, and the information

necessary to adaptively manage the program in support of these
mandates.
    The Chesapeake Registry includes detailed information about the
activities and funding conducted and planned by partner and stakeholder
organizations. The organizations provide project information on the
nature of the activity, responsible organization, organizational point
of contact, resource levels, geographic location, and major milestones
on progress towards Chesapeake Bay protection and restoration efforts.
Funds reported in the Chesapeake Registry are linked to an
organization's own resource base so that data associated with a set of
funds is entered only by the originator of the funding. The information
is organized by programmatic goal and desired result, which aligns
activities to the goals of the program and helps to provide an accurate
depiction of restoration activities, progress, and results. The
information collection, as envisioned, will be conducted annually.
Summary level information from the Chesapeake Registry is available at
http://cap.chesapeakebay.net.
    Each reporting organization is assigned a user ID and password.
Security measures have been established to protect data that have been
entered, including maintaining the data on a secure server on a secure
network, and confirming the data with each reporting organization.
Participants in the information collection are able to search the
reporting system database application and view standard reports.
Partners will use the enhanced and expanded data to update performance
management dashboards that summarize and synthesize information so the
program partners and stakeholders can understand, at a glance, the
progress being made in key program areas. The dashboards include
measures of progress, information about resources and strategic
analyses of what needs to be done to improve implementation. In
addition, EPA anticipates that some of the partners and stakeholders
will use the reporting system as a tool for their own management and
planning efforts.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 64.8
hours per response for state and local government agencies and 11.5
hours per response for non-government organizations. Burden means the
total time, effort, or financial resources expended by persons to
generate, maintain, retain, or disclose or provide information to or
for a Federal agency. This includes the time needed to review
instructions; develop, acquire, install, and utilize technology and
systems for the purposes of collecting, validating, and verifying
information, processing and maintaining information, and disclosing and
providing information; adjust the existing ways to comply with any
previously applicable instructions and requirements which have
subsequently changed; train personnel to be able to respond to a
collection of information; search data sources; complete and review the
collection of information; and transmit or otherwise disclose the
information.
    Respondents/Affected Entities: State and local governments and non-
government organizations within the Chesapeake Bay watershed.
    Estimated Number of Respondents: 50 (30 State and local
governments, 20 non-government organizations) initially but will likely
increase over time.
    Frequency of Response: Annual.
    Estimated Total Annual Hour Burden: 1,001.
    Estimated Total Annual Cost: $56,738.
    Changes in the Estimates: EPA anticipates an annual, gradual change
in the total estimated respondent burden compared with that identified
in the ICR currently approved by OMB.

    Dated: January 20, 2010.
John Moses,
Director, Collection Strategies Division.
[FR Doc. 2010-1467 Filed 1-25-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: July 30, 2007 (Volume 72, Number 145)]
[Notices]
[Page 41532-41533]
[DOCID:fr30jy07-84]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request, Copy Available From: Securities and Exchange
Commission, Office of Investor Education and Assistance, Washington, DC
20549-0213.

Extension:
    Form S-6; SEC File No. 270-181; OMB Control No. 3235-0184.

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the collection of
information summarized below. The Commission plans to submit this
existing collection of information to the Office of Management and
Budget (``OMB'') for extension and approval.
    The title for the collection of information is ``Form S-6 (17 CFR
239.16), for Registration under the Securities Act of 1933 of
Securities of Unit Investment Trusts Registered on Form N-8B-2 (17 CFR
274.13).'' Unit investment trusts offering their securities to the
public are required by two separate statutes to file registration
statements with the Commission. They are required to register their
securities under the Securities Act of 1933 (15 U.S.C. 77a et seq.)
(``Securities Act''), and to register as investment companies under the
Investment Company Act of 1940 (15 U.S.C. 80a-1 et seq.) (``Investment
Company Act'').
    Form S-6 is used for registration under the Securities Act of the
securities of any unit investment trust that is registered under the
Investment

Company Act on Form N-8B-2.\1\ A separate registration statement under
the Securities Act must be filed for each series of units issued by the
trust. Form S-6 consists of, among other things, a prospectus, certain
written consents, an undertaking to file supplementary information, and
certain exhibits containing financial and other information required in
the registration statement but not required to appear in the
prospectus.
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    \1\ Form N-8B-2 is the form used by unit investment trusts to
register as investment companies under the Investment Company Act
(except for unit investment trusts that are insurance company
separate accounts issuing variable annuity or variable life
insurance contracts, which instead register on Form N-4 and Form N-
6, respectively). The form requires that certain material
information about the trust, its sponsor, its trustees, and its
operation be disclosed. The registration on Form N-8B-2 is a one-
time filing that applies to the first series of the unit investment
trust as well as any subsequent series that is issued by the
sponsor.
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    Section 10(a)(3) of the Securities Act (15 U.S.C. 77j(a)(3))
provides, in pertinent part, that when a prospectus is used more than
nine months after the effective date of the registration statement, the
information contained therein shall be as of a date not more than
sixteen months prior to such use. As a result, most unit investment
trusts that are registered under the Investment Company Act on Form N-
8B-2 update their registration statements on Form S-6 on an annual
basis so that their sponsors may continue to maintain a secondary
market in the units.
    The purpose of the registration statement on Form S-6 is to provide
disclosure of financial and other information that investors may use to
make informed decisions regarding the merits of the securities offered
for sale. To that end, unit investment trusts that are registered under
the Investment Company Act on Form N-8B-2 must furnish to investors a
prospectus containing pertinent information set forth in the
registration statement. The Commission reviews registration statements
filed on Form S-6 to ensure adequate disclosure is made to investors.
    The Commission estimates that each year unit investment trusts file
approximately 1,353 Forms S-6. It is estimated that preparing Form S-6
requires a unit investment trust to spend approximately 35 hours so
that the total burden of preparing Form S-6 for all affected unit
investment trusts is 47,355 hours. Estimates of average burden hours
are made solely for the purposes of the Paperwork Reduction Act, and
are not derived from a comprehensive or even a representative survey or
study of the costs of Commission rules and forms.
    The collection of information on Form S-6 is mandatory. The
information provided on Form S-6 is not kept confidential. An Agency
may not conduct or sponsor, and a person is not required to respond to,
a collection of information unless it displays a currently valid OMB
control number.
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; (b) the accuracy of the agency's estimate of
the burden of the collection of information; (c) ways to enhance the
quality, utility, and clarity of the information collected; and (d)
ways to minimize the burden of the collection of information on
respondents, including through use of automated collection techniques
or other forms of information technology. Consideration will be given
to comments and suggestions submitted in writing within 60 days of this
publication.
    Please direct your written comments to R. Corey Booth, Director/
Chief Information Officer, Securities and Exchange Commission, C/O
Shirley Martinson, 6432 General Green Way, Alexandria, Virginia 22312;
or send an e-mail to<EMAIL_ADDRESS>
    Dated: July 23, 2007.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-14629 Filed 7-27-07; 8:45 am]

BILLING CODE 8010-01-P