[Federal Register Volume 87, Number 16 (Tuesday, January 25, 2022)]
[Rules and Regulations]
[Pages 3679-3684]
[FR Doc No: 2022-01296]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 282

[EPA-R04-UST-2020-0696; FRL-9057-02-R4]

Commonwealth of Kentucky: Codification and Incorporation by
Reference of Approved State Underground Storage Tank Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Resource Conservation and Recovery Act of 1976 (RCRA), as
amended, authorizes the Environmental Protection Agency (EPA) to grant
approval to States to operate their underground storage tank (UST)
programs in lieu of the Federal program. The Commonwealth of Kentucky
(Commonwealth or State) applied to the EPA for final approval of its
UST Program on October 7, 2019, and on September 16, 2020, the EPA
published a final determination and approval of the Commonwealth's UST
Program. This action codifies the EPA's prior approval of the
Commonwealth's UST Program, and incorporates by reference approved
provisions of the State's statutes and regulations.

DATES: This rule is effective March 28, 2022, unless the EPA receives
adverse comment by February 24, 2022. If the EPA receives adverse
comment, it will publish a timely withdrawal in the Federal Register
informing the public that the rule will not take effect. The
incorporation by reference of certain publications listed in the
regulations is approved by the Director of the Federal Register as of
March 28, 2022.

ADDRESSES: Comments may be submitted by one of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov
(our preferred method). Follow the online instructions for submitting
comments.
     Email: [email protected]. Include the Docket ID No. EPA-
R04-UST-2020-0696 in the subject line of the message.
    Instructions: Submit your comments, identified by Docket ID No.
EPA-R04-UST-2020-0696, via the Federal eRulemaking Portal at https://www.regulations.gov. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
https://www.regulations.gov. The EPA may publish any comment received
to its public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit: https://www.epa.gov/dockets/commenting-epa-dockets.
    Out of an abundance of caution for members of the public and our
staff, the public's access to the EPA Region 4 Offices is by
appointment only to reduce the risk of transmitting COVID-19. We
encourage the public to submit comments via https://www.regulations.gov
or via email. The EPA encourages electronic comment submittals, but if
you are unable to submit electronically or need other assistance,
please contact Ben Singh, the contact listed in the FOR FURTHER
INFORMATION CONTACT provision below. The index to the docket for this
action is available electronically at https://www.regulations.gov. The
documents that form the basis of this codification and associated
publicly available docket materials are available for review on the
https://www.regulations.gov website. The EPA encourages electronic
reviewing of these documents, but if you are unable to review these
documents electronically, please contact Ben Singh to schedule an
appointment to view the documents at the Region 4 Offices. Interested
persons wanting to examine these documents should make an appointment
at least two weeks in advance. The EPA Region 4 requires all visitors
to adhere to the COVID-19 protocol. Please contact Ben Singh for the
COVID-19 protocol requirements prior to your appointment.
    Please also contact Ben Singh if you need assistance in a language
other than English or if you are a person with disabilities who needs a
reasonable accommodation at no cost to you. For further information on
the EPA Docket Center services and the current status, please visit us
online at https://www.epa.gov/dockets.
    The EPA continues to carefully and continuously monitor information
from the Centers for Disease Control and Prevention, local area health
departments, and our Federal partners so that we can respond rapidly as
conditions change regarding COVID-19.

FOR FURTHER INFORMATION CONTACT: Ben Singh, RCRA Programs and Cleanup
Branch, Land, Chemicals and Redevelopment Division, U.S. Environmental
Protection Agency, Region 4, Atlanta Federal Center, 61 Forsyth Street
SW, Atlanta, Georgia 30303-8960; Phone number:<PHONE_NUMBER>; email
address: [email protected]. Please contact Ben Singh by phone or email
for further information.

SUPPLEMENTARY INFORMATION:

I. Codification

    Codification is the process of placing citations and references to
a State's statutes and regulations that comprise a State's approved UST
program into the Code of Federal Regulations (CFR). The EPA codifies
its approval of State programs in 40 CFR part 282 and incorporates by
reference State statutes and regulations that the EPA can enforce,
after the approval is final, under sections 9005 and 9006 of RCRA, and
any other applicable statutory provisions. The incorporation by
reference of the EPA-approved State programs in the CFR should
substantially enhance the public's ability to discern the status of the
approved State UST programs and State requirements that can be
federally enforced. This effort provides clear notice to the public of
the scope of the approved program in each State.

A. For what has the Commonwealth previously been approved?

    On September 16, 2020, the EPA published a notice in the Federal
Register announcing its decision to grant final approval to the
Commonwealth to operate its UST Program as described in an October 7,
2019 State Application (85 FR 57754). The State UST Program regulations
were amended effective April 5, 2019, and included revisions which
correspond to the EPA final rule published on July 15, 2015 (80 FR
41566), which revised the 1988 UST regulations and the 1988 State
program approval (SPA) regulations (2015 Federal Revisions). As a
result of the EPA's approval, these provisions became subject to the
EPA's corrective action, inspection, and enforcement authorities under
RCRA sections 9003(h), 9005, and 9006, 42 U.S.C. 6991b(h), 6991d, and
6991e, and other applicable statutory and regulatory provisions.

B. What codification decision has the EPA made in this rule?

    In this rule, the EPA is finalizing regulatory text that
incorporates by reference the federally approved Kentucky UST Program.
In accordance with the requirements of 1 CFR 51.5, the EPA is
incorporating by reference the Commonwealth's statutes and regulations
as described in the amendments to 40 CFR part 282 set forth below.
These documents are available through https://www.regulations.gov. This
codification reflects the State UST Program in effect at the time the
EPA granted its approval of the Kentucky UST Program, and only the EPA-
approved provisions of the

Kentucky UST Program will be incorporated by reference.
    To codify the EPA's approval of Kentucky's UST Program, the EPA has
added section 282.67 to Title 40 of the CFR. More specifically, in 40
CFR 282.67(d)(1)(i), the EPA is incorporating by reference the EPA-
approved Kentucky UST Program. Section 282.67(d)(1)(ii) identifies the
State's statutes and regulations that are part of the approved State
UST Program, although not incorporated by reference for enforcement
purposes, unless they impose obligations on regulated entities. Section
282.67(d)(1)(iii) identifies the State's statutory and regulatory
provisions that are broader in scope or external to the State's
approved UST Program and therefore not incorporated by reference.
Section 282.67(d)(2) through (d)(5) reference the Attorney General's
Statement, Demonstration of Adequate Enforcement Procedures, Program
Description, and Memorandum of Agreement, which are part of the State
Application and part of the UST Program under subtitle I of RCRA.

C. What is the effect of the EPA's codification of the federally
approved Kentucky UST Program on enforcement?

    The EPA retains the authority under sections 9003(h), 9005, and
9006 of subtitle I of RCRA, 42 U.S.C. 6991b(h), 6991d, and 6991e, and
other applicable statutory and regulatory provisions, to undertake
corrective action, inspections, and enforcement actions, and to issue
orders in approved States. If the EPA determines it will take such
actions in Kentucky, the EPA will rely on Federal sanctions, Federal
inspection authorities, and other Federal procedures rather than the
State analogs. Therefore, the EPA is not incorporating by reference the
Commonwealth's procedural and enforcement authorities, although they
are listed in 40 CFR 282.67(d)(1)(ii) and were previously considered by
the EPA in determining the adequacy of Kentucky's enforcement
authority. The Commonwealth's authority to inspect and enforce the
State's UST Program continues to operate independently under State law.

D. What State provisions are not part of the codification?

    Some provisions of the State's UST Program are not part of the
federally approved State UST Program. Where an approved State program
has provisions that are broader in scope than the Federal program,
those provisions are not a part of the federally approved program. As a
result, State provisions which are broader in scope than the Federal
program are not incorporated by reference for purposes of enforcement
in part 282. See 40 CFR 281.12(a)(3)(ii). In addition, provisions that
are external to the State UST Program approval requirements, but
included in the State Application, are also being excluded from
incorporation by reference in part 282. For reference and clarity, 40
CFR 282.67(d)(1)(iii) lists the Kentucky statutory and regulatory
provisions which are broader in scope than the Federal program or
external to State UST program approval requirements. These provisions
are, therefore, not part of the approved UST Program that the EPA is
codifying. Although these provisions cannot be enforced by the EPA, the
State will continue to implement and enforce such provisions under
State law.

E. Why is the EPA using a direct final rule?

    The EPA is publishing this direct final rule without a prior
proposed rule because we view this action as noncontroversial and
anticipate no adverse comment. Notice and opportunity for comment were
provided earlier on the EPA's decision to approve the Kentucky program,
and the EPA is not now reopening that decision nor requesting comment
on it.

F. What happens if the EPA receives comments that oppose this
codification?

    Along with this direct final rule, the EPA is simultaneously
publishing a separate document in the ``Proposed Rules'' section of
this Federal Register that serves as the proposal to codify the State's
UST Program, and provides an opportunity for public comment. If the EPA
receives comments that oppose this codification, the EPA will withdraw
this direct final rule by publishing a document in the Federal Register
before it becomes effective. The EPA will make any further decision on
codification of the State UST Program after considering all comments
received during the comment period. The EPA will then address all
public comments in a later final rule.

II. Statutory and Executive Order Review

    This action merely codifies Kentucky's UST Program that the EPA has
previously approved pursuant to RCRA Section 9004 and does not impose
additional requirements other than those imposed by State law. For
these reasons, this action:
     Is not a significant regulatory action and has been
exempted from review by the Office of Management and Budget under
Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR
3821, January 21, 2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not subject to Executive Order 13211 (66 FR 28355, May
22, 2001) because it is not a ``significant regulatory action'' under
Executive Order 12866 (58 FR 51735, October 4, 1993);
     Is not subject to the requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with RCRA;
     Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994);
and
     Does not apply on any Indian reservation land or in any
other area where the EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. The rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor
will it impose substantial direct costs on tribal governments or
preempt tribal law.
    As required by section 3 of Executive Order 12988 (61 FR 4729,
February 7, 1996), in issuing this rule, the EPA has taken the
necessary steps to eliminate drafting errors and ambiguity, minimize
potential litigation, and provide a clear legal standard for affected
conduct.
    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. The 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 final action will be effective March 28, 2022.

List of Subjects in 40 CFR Part 282

    Administrative practice and procedure, Environmental protection,
Hazardous substances, Incorporation by reference, Petroleum, Reporting
and recordkeeping requirements, State program approval, and Underground
storage tanks.

    Authority: This action is issued under the authority of sections
2002(a), 7004(b), 9004, 9005 and 9006 of the Solid Waste Disposal
Act, as amended, 42 U.S.C. 6912(a), 6974(b), 6991c, 6991d, and
6991e.

    Dated: January 18, 2022.
Daniel Blackman,
Regional Administrator, Region 4.

    For the reasons set forth in the preamble, the EPA is amending 40
CFR part 282 as follows:

PART 282--APPROVED UNDERGROUND STORAGE TANK PROGRAMS

0
1. The authority citation for part 282 continues to read as follows:

    Authority:  42 U.S.C. 6912, 6991c, 6991d, and 6991e.

Subpart B--Approved State Programs

0
2. Add Sec.  282.67 to read as follows:

Sec.  282.67  Kentucky State-Administered Program.

    (a) History of the approval of Kentucky's UST Program. The
Commonwealth of Kentucky (Commonwealth or Kentucky) is approved to
administer and enforce an underground storage tank (UST) program in
lieu of the federal program under subtitle I of the Resource
Conservation and Recovery Act of 1976 (RCRA), as amended, 42 U.S.C.
6991 et seq. The State's UST Program, as administered by the Kentucky
Department for Environmental Protection (KDEP), was approved by the EPA
pursuant to 42 U.S.C. 6991c and part 281 of this chapter. The EPA
published the notice of final determination approving the Kentucky UST
Program on September 16, 2020, and that approval became effective
immediately.
    (b) Enforcement authority. Kentucky has primary responsibility for
enforcing its UST Program. However, the EPA retains the authority to
exercise its corrective action, inspection, and enforcement authorities
under sections 9003(h), 9005, and 9006 of subtitle I of RCRA, 42 U.S.C.
6991b(h), 6991d, and 6991e, as well as under other statutory and
regulatory provisions.
    (c) Retention of program approval. To retain program approval,
Kentucky must revise its approved UST Program to adopt new changes to
the federal subtitle I program which make it more stringent, in
accordance with section 9004 of RCRA, 42 U.S.C. 6991c, and 40 CFR part
281, subpart E. If Kentucky obtains approval for revised requirements
pursuant to section 9004 of RCRA, 42 U.S.C. 6991c, the newly approved
statutory and regulatory provisions will be added to this subpart and
notice of any change will be published in the Federal Register.
    (d) Final approval. Kentucky has final approval for the following
elements submitted to the EPA and approved effective September 16,
2020.
    (1) State statutes and regulations--(i) Incorporation by reference.
The Kentucky materials cited in this paragraph and listed in appendix A
to this part, are incorporated by reference as part of the UST Program
under subtitle I of RCRA, 42 U.S.C. 6991 et seq. The Director of the
Federal Register approves this incorporation by reference in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51. You may access copies of the
Kentucky statutes and regulations that are incorporated by reference
from the Kentucky Department for Environmental Protection, Underground
Storage Tank Branch, 300 Sower Boulevard, 2nd Floor, Frankfort,
Kentucky 40601. You may also access copies of the statues and
regulations that are incorporated by reference from the Kentucky
Legislative Research Commission at the following website: https://legislature.ky.gov/Pages/index.aspx. You may inspect all approved
material at the EPA Region 4, 61 Forsyth Street SW, Atlanta, Georgia
30303; Phone number:<PHONE_NUMBER>; or the National Archives and
Records Administration (NARA), email: [email protected]; website:
https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    (A) Kentucky Statutory Requirements Applicable to the Underground
Storage Tank Program, dated September 10, 2021.
    (B) Kentucky Regulatory Requirements Applicable to the Underground
Storage Tank Program, dated September 10, 2021.
    (ii) Legal basis. The EPA considered the following statutes and
regulations which provide the legal basis for the State's
implementation of the UST Program, but these provisions do not replace
Federal authorities. Further, these provisions are not incorporated by
reference, unless the provisions place requirements on regulated
entities.
    (A) Kentucky Revised Statutes (KRS), Chapter 61, subchapters 870 to
884 (2018)--insofar as these provisions relate to authorities enabling
public participation and the sharing of information.
    (B) Kentucky Revised Statutes (KRS), Chapter 224 (2017):
    (1) KRS 224.1-400(9) and (11), insofar as these provisions provide
authority for release reporting and notification to KDEP.
    (2) KRS 224.10-100(5), (10), and (28), insofar as these provisions
relate to the general powers and duties of KDEP to prevent pollution,
conduct inspections and compliance monitoring, and promulgate UST
regulations.
    (3) KRS 224.10-410, insofar as it relates to the authority of KDEP
to issue an order for corrective measures without a hearing.
    (4) KRS 224.10-420(2), insofar as it relates to the administrative
processes governing enforcement proceedings and public participation in
the enforcement process.
    (5) KRS 224.10-440, insofar as it relates to regulations governing
the procedural requirements for administrative hearings.
    (6) KRS 224.60-105(2)-(4), insofar as these provisions relate to
the general authority of KDEP to regulate USTs and the preemption of
local laws, ordinances, and regulations.
    (7) KRS 224.60-120(6), insofar as it relates to the authority of
KDEP to promulgate administrative regulations for implementing
financial responsibility requirements.
    (8) KRS 224.60-135(1), (2), and (4), insofar as these provisions
relate to the authority of KDEP to require or initiate corrective
action for releases into the environment.
    (9) KRS 224.60-137(3), insofar as it relates to the duty of KDEP to
develop standards for corrective action.
    (10) KRS 224.60-138, insofar as it relates to the duties of KDEP to
determine whether corrective action for a release from or closure of a
petroleum UST has been completed.
    (11) KRS 224.60-155, insofar as it relates to the authority of KDEP
to assess a civil penalty for failure to

comply with the administrative regulations.
    (12) KRS 224.99-010(9), insofar as it applies to KRS 224.1-400, and
relates to the authority to assess a civil penalty and the concurrent
jurisdiction and venue of the Franklin Circuit Court.
    (13) KRS 224.99-020, insofar as it relates to the authority to
commence an enforcement action to require compliance, or recovery of
penalties or costs.
    (C) Kentucky Rules of Civil Procedure, Rule 24, insofar as it
provides for public participation in the State enforcement process,
including intervention.
    (D) 401 Kentucky Administrative Regulations (KAR) 42:020 (2019)--
Section 18, insofar as it relates to the authority of KDEP to implement
delivery prohibition.
    (E) 400 Kentucky Administrative Regulations (KAR) Chapter 1 (2018):
    (1) 400 KAR 1:090, insofar as it establishes procedures for
administrative hearings to enforce compliance, and provides for public
participation.
    (2) 400 KAR 1:100, insofar as it contains the general
administrative hearing practice provisions governing matters brought to
enforce compliance with the UST Program.
    (iii) Other provisions not incorporated by reference. The following
statutory and regulatory provisions are broader in scope than the
federal program or external to the State UST program approval
requirements. Therefore, these provisions are not part of the approved
program, and are not incorporated by reference herein:
    (A) Kentucky Revised Statutes (KRS) Chapter 224:
    (1) KRS 224.60-110 is external insofar as it contains the Kentucky
General Assembly's legislative intent with respect to the regulation of
petroleum underground storage tanks.
    (2) KRS 224.60-130 is broader in scope insofar as it relates to the
administration of the petroleum storage tank environmental assurance
fund.
    (3) KRS 224.60-135(3) is external insofar as it relates to the
obligation of KDEP to notify the UST owner or operator prior to
initiating or contracting for corrective action.
    (4) KRS 224.60-135(5) is broader in scope insofar as it relates to
the authority of the State Fire Marshal to promulgate regulations
requiring persons who install, repair, close or remove USTs to
demonstrate financial assurance.
    (5) KRS 224.60-137(1), (2), and (4) are external insofar as they
relate to contracting with the University of Kentucky for the purpose
of updating standards for corrective action and for the Cabinet to
develop an inventory of facilities eligible for reimbursement.
    (6) KRS 224.60-140 is broader in scope insofar as it relates to the
creation and administration of a petroleum storage tank environmental
assurance fund.
    (7) KRS 224.60-142 is broader in scope insofar as it relates to UST
registration requirements applicable to participation in the petroleum
storage tank environmental assurance fund.
    (8) KRS 224.60-145 is broader in scope insofar as it relates to the
establishment of an environmental assurance fee and deposit fee, and
insofar as it relates to administration of accounts in the petroleum
storage tank environmental assurance fund.
    (9) KRS 224.60-150 is broader in scope insofar as it relates to the
authority to levy and collect a fee from owners or operators of USTs
for the purpose of funding the administration of the UST Program.
    (10) KRS 224.60-160 is external insofar as it relates to the
severability of any provision of the statute.
    (B) 401 Kentucky Administrative Regulations (KAR) Chapter 42:
    (1) 401 KAR 42:020
    (i) Section 2(1)(b) is external insofar as it relates to the
attendance of a KDEP representative during installation.
    (ii) Sections 2(2)-(6) are broader in scope insofar as they relate
to UST registration requirements.
    (iii) Section 2(7)(c) is broader in scope insofar as it relates to
the submittal of an amended UST Registration Form for UST sale.
    (iv) Sections 2(8)-(9) are broader in scope insofar as they relate
to registration requirements and the collection of annual fees.
    (v) Section 3(1) is broader in scope insofar as it relates to the
submittal of an amended UST Registration Form for temporary closure.
    (vi) Section 7 is broader in scope insofar as it places
requirements on shear valves, components that are not UST system
components.
    (vii) Sections 11(4) and (9) are broader in scope insofar as they
place certification and qualification requirements directly on
corrosion prevention, protection, and repair contractors.
    (viii) Section 13(2) is broader in scope insofar as it requires
repair contractors to be certified by the State Fire Marshal.
    (ix) Sections 15(6) and (7) are broader in scope insofar as they
place qualification requirements directly on system equipment testers
to validate equipment test results.
    (x) Section 22 is external insofar as it relates to the authority
of KDEP to extend compliance deadlines.
    (2) 401 KAR 42:060
    (i) Section 2 is external insofar as it relates to the authority of
the Environmental Response Team during environmental emergencies.
    (ii) Section 7 is external insofar as it relates to classification
of UST facilities following closure or a release.
    (iii) Section 8 is external insofar as it relates to the authority
of KDEP to issue a no further action letter.
    (iv) Section 9 is external insofar as it relates to the authority
of KDEP to extend compliance deadlines.
    (3) 401 KAR 42:250 is broader in scope insofar as it establishes
eligibility requirements and procedures for the petroleum storage tank
environmental assurance fund.
    (4) 401 KAR 42:330 is broader in scope insofar as it establishes
the eligibility requirements and rates for reimbursement from the Small
Owners Tank Removal Account.
    (2) Statement of legal authority. The Attorney General's statement,
signed by the General Counsel for the Kentucky Energy and Environment
Cabinet on September 23, 2019, though not incorporated by reference, is
referenced as part of the approved underground storage tank program
under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (3) Demonstration of procedures for adequate enforcement. The
``Demonstration of Adequate Enforcement Procedures'' submitted as part
of the original application on October 7, 2019, though not incorporated
by reference, is referenced as part of the approved underground storage
tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (4) Program description. The program description and any other
material submitted as part of the original application on October 7,
2019, though not incorporated by reference, are referenced as part of
the approved underground storage tank program under subtitle I of RCRA,
42 U.S.C. 6991 et seq.
    (5) Memorandum of Agreement. The Memorandum of Agreement between
EPA Region 4 and the Energy and Environment Cabinet, Kentucky
Department for Environmental Protection, signed by the EPA Regional
Administrator on August 18, 2020, though not incorporated by reference,
is referenced as part of the approved underground storage tank program
under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

0
3. Amend appendix A to part 282 by adding an entry for ``Kentucky'' to
read as follows:

Appendix A to Part 282--State Requirements Incorporated by Reference in
Part 282 of the Code of Federal Regulations

* * * * *

Kentucky

    (a) The statutory provisions include:
    (1) Kentucky Revised Statutes (KRS) Chapter 224.
    224.60-100 Underground storage tanks and regulated substances
defined.
    224.60-105(1) Registration of underground storage tanks--
Programs to regulate tanks.
    224.60-115 Definitions for KRS 224.60-120 to 224.60-150.
    224.60-120 Financial responsibility of petroleum storage tank
owner or operator--Administrative regulations, except (6).
    224.60-135(1) Corrective action for a release into the
environment from a petroleum storage tank, except the second
sentence in (1).
    (2) [Reserved]
    (b) The regulatory provisions include:
    (1) 401 Kentucky Administrative Regulations (KAR) Chapter 42.
    401 KAR 42:005. Definitions for 401 KAR Chapter 42.
    401 KAR 42:020. UST system requirements, notification,
registration, and annual fees.
    Section 1. Applicability and Exclusions.
    Section 2. Notification, Registration, and Annual Fees, except
(1)(b), (2)-(6), and certain provisions in (7)(c), (8) and (9).
    Section 3. Temporary Closure, except (1).
    Section 4. Performance Standards for New UST Systems.
    Section 5. Upgrading of Existing UST Systems.
    Section 6. Double Walled Tanks and Piping Requirements.
    Section 8. Spill Containment Devices (Spill Buckets and Catch
Basins).
    Section 9. Overfill Prevention Requirements.
    Section 10. Under-dispenser Containment (UDC) and Sump
Requirements.
    Section 11. Corrosion Protection Operation and Maintenance,
except certain language in (4) and (9).
    Section 12. Compatibility.
    Section 13. Repairs, except (2).
    Section 14. Noncorrodible Piping.
    Section 15. Release Detection, except (6) and (7).
    Section 16. Operator Training Requirements.
    Section 17. Walkthrough Inspections.
    Section 19. Recordkeeping.
    Section 20. Financial Responsibility.
    Section 21. Lender Liability.
    Section 23. Incorporation by Reference.
    401 KAR 42:060. UST system release and corrective action
requirements.
    Section 1. Reporting for Releases, Spills, and Overfills.
    Section 3. Off-Site Impacts.
    Section 4. Release Investigation and Confirmation.
    Section 5. Release Response and Corrective Action.
    Section 6. Permanent Closure or Change in Service.
    Section 10. Incorporation by Reference.
    (2) [Reserved]
* * * * *

[FR Doc. 2022-01296 Filed 1-24-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 219 (Monday, November 14, 2011)]
[Rules and Regulations]
[Page 70349]
[FR Doc No: 2011-29242]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2011-0226]

Drawbridge Operation Regulation; Atlantic Intracoastal Waterway,
Albemarle and Chesapeake Canal, Chesapeake, VA

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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SUMMARY: The Commander, Fifth Coast Guard District, has issued a
temporary deviation from the regulations governing the operation of the
S168 Bridge across the Atlantic Intracoastal Waterway, Albemarle and
Chesapeake Canal, mile 12.0, at Chesapeake (Great Bridge), VA. This
deviation is necessary to accommodate the annual Christmas parade
event.

DATES: This deviation is effective from 4 p.m. on December 3, 2011
through 9 p.m. on December 4, 2011.

ADDRESSES: Documents mentioned in this preamble as being available in
the docket USCG-2011-0226 and are available online by going to http://www.regulations.gov, inserting USCG-2011-0226 in the ``Keyword'' box,
and then clicking ``Search''. This material is also available for
inspection or copying at 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 rule,
call or email Mr. Waverly W. Gregory, Jr., Bridge Administrator, Fifth
Coast Guard District; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on reviewing the
docket, call Renee V. Wright, Program Manager, Docket Operations, (202)
366-9826.

SUPPLEMENTARY INFORMATION: The City of Chesapeake, who owns and
operates the S168 Bridge across the Atlantic Intracoastal Waterway,
Albemarle and Chesapeake Canal mile 12.0, at Chesapeake (Great Bridge),
VA, has requested a temporary deviation from the current operating
regulations set out in 33 CFR 117.997(g), to accommodate the annual
Christmas parade event. Normally, the bridge opens on signal; except
that, from 6 a.m. to 7 p.m., the draw need be opened only on the hour
or, if the vessel cannot reach the draw exactly on the hour, the
drawtender may delay the hourly opening up to ten minutes past the
hour.
    In the closed position to vessels, this lift-type drawbridge
provides a vertical clearance of 8.5 feet, above mean high water.
    The Chesapeake annual Christmas parade event is scheduled for
December 3, 2011. Under this temporary deviation, the drawbridge will
remain in the closed position to vessels requiring an opening from 4
p.m. to 6 p.m. and from 8 p.m. to 10 p.m. on December 3, 2011. And,
operations on December 4, 2011 will take place as set out in 33 CFR
117.997(g). However, should weather preclude this event from taking
place on December 3, 2011, the event will be re-scheduled to take place
on December 4, 2011. In that case, the drawbridge will operate as
normal on December 3, 2011 and the drawbridge will remain in the closed
position to vessels requiring an opening from 3 p.m. to 5 p.m. and from
7 p.m. to 9 p.m. on December 4, 2011. At all other times during the
effective period of this temporary deviation, the drawbridge will
operate as outlined at 33 CFR 117.997(g).
    Vessels may transit under the drawbridge while it is in the closed
position. The Atlantic Intracoastal Waterway caters to a variety of
vessels from tug and barge traffic to recreational vessels traveling
from Florida to Maine. The Coast Guard will inform unexpected users of
the waterway through our local and broadcast Notices to Mariners of the
limited operating schedule for the drawbridge so that vessels can
arrange their transits to minimize any impacts caused by the temporary
deviation. The Atlantic Ocean is the alternate route for vessels and
the bridge will be able to open in the event of an emergency.
    In accordance with 33 CFR 117.35(e), the draw must return to its
original operating schedule immediately at the end of the designated
time period.
    This deviation from the operating regulations is authorized under
33 CFR 117.35.

    Dated: October 19, 2011.
Waverly W. Gregory, Jr.
Bridge Program Manager, By direction of the Commander, Fifth Coast
Guard District.
[FR Doc. 2011-29242 Filed 11-10-11; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 81, Number 35 (Tuesday, February 23, 2016)]
[Notices]
[Pages 8950-8951]
[FR Doc No: 2016-03620]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Commission Staff Attendance

    The Federal Energy Regulatory Commission (Commission) hereby gives
notice that members of the Commission's staff may attend the following
meeting related to the transmission planning activities of the New York
Independent System Operator, Inc.

The New York Independent System Operator, Inc. Installed Capacity
Working Group and Electric System Planning Working Group Meeting

February 19, 2016, 9:00 a.m.-4:00 p.m. (EST)

    The above-referenced meeting will be via web conference and
teleconference.
    The above-referenced meeting is open to stakeholders.
    Further information may be found at: http://www.nyiso.com/public/committees/calendar/index.jsp.

    The discussions at the meeting described above may address matters
at issue in the following proceedings:
    New York Independent System Operator, Inc., Docket No. ER13-102.
    New York Independent System Operator, Inc., Docket No. ER15-2059.
    New York Independent System Operator, Inc., Docket No. ER16-120.
    New York Independent System Operator, Inc., Docket No. ER13-1942.
    New York Transco, LLC, Docket No. ER15-572.
    For more information, contact James Eason, Office of Energy Market
Regulation, Federal Energy Regulatory Commission at<PHONE_NUMBER> or
<EMAIL_ADDRESS>
    Dated: February 16, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-03620 Filed 2-22-16; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: March 1, 2010 (Volume 75, Number 39)]
[Notices]
[Page 9225-9226]
[DOCID:fr01mr10-89]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-N-0084]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Pretesting of Tobacco Communications

AGENCY:  Food and Drug Administration, HHS.

ACTION:  Notice.

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

SUMMARY:  The Food and Drug Administration (FDA) is announcing an
opportunity for public comment on the proposed collection of certain
information by the agency. Under the Paperwork Reduction Act of 1995
(the PRA), Federal agencies are required to publish notice in the
Federal Register concerning each proposed collection of information,
and to allow 60 days for public comment in response to the notice. This
notice solicits comments on pretesting of tobacco communications.

DATES:  Submit written or electronic comments on the collection of
information by April 30, 2010.

ADDRESSES:  Submit electronic comments on the collection of information
to http://www.regulations.gov. Submit written comments on the
collection of information to the Division of Dockets Management (HFA-
305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061,
Rockville, MD 20852. All comments should be identified with the docket
number found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: Jonna Capezzuto, Office of Information
Management, Food and Drug Administration, 1350 Piccard Dr., PI50-400B,
Rockville, MD 20850,<PHONE_NUMBER>, e-mail:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal
agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information before
submitting the collection to OMB for approval. To comply with this
requirement, FDA is publishing notice of the proposed collection of
information set forth in this document.
    With respect to the following collection of information, FDA
invites comments on these topics: (1) Whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.

Pretesting of Tobacco Communications

    In order to conduct educational and public information programs
relating to tobacco use, as authorized by section 903(d)(2)(D) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 393(d)(2)(D)) and to
develop stronger health warnings on tobacco packaging as authorized by
the Family Smoking Prevention and Tobacco Control Act (Tobacco Control
Act), it is beneficial for FDA to conduct research and studies relating
to the control and prevention of disease as authorized by section 301
of the Public Health Service Act (42 U.S.C 241(a)). In conducting such
research, FDA will employ formative pretests to assess the likely
effectiveness of tobacco communications with specific target audiences.
The information collected will serve two major purposes. First, as
formative research it will provide the critical knowledge needed about
target audiences. FDA must first understand critical influences on
people's decisionmaking process when choosing to use, not use, or quit
using tobacco products. In addition to understanding the decisionmaking
processes of adults, it is also critical to understand the
decisionmaking processes among adolescents (ages 13 to 17), where
communications will aim to discourage tobacco use before it starts.
Knowledge of these decisionmaking processes will be applied by FDA to
help design effective communication strategies, messages, and warning
labels. Second, as initial testing, it will allow FDA to assess the
potential effectiveness of messages and materials in reaching and
successfully communicating with their intended audiences. Pretesting
messages with a sample of the target audience will allow FDA to refine
messages while they are still in the developmental stage. By utilizing
appropriate qualitative and quantitative methodologies, FDA will be
able to: (1) Better understand characteristics of the target audience-
its attitudes, beliefs, and behaviors-and use

these in the development of effective risk communications; (2) more
efficiently and effectively design messages and select formats that
have the greatest potential to influence the target audience's
attitudes and behavior in a favorable way; (3) determine the best
promotion and distribution channels to reach the target audience with
appropriate messages; and (4) expend limited program resource dollars
wisely and effectively. Frequency of Response: On occasion. Affected
Public: Individuals or households; Type of Respondents: Members of the
public, healthcare professionals; organizational representatives.
    FDA estimates the burden of this collection of information as
follows:

                                 Table 1.--Estimated Annual Reporting Burden\1\
----------------------------------------------------------------------------------------------------------------
    Type of           No. of         Annual Frequency       Total Annual        Hours per
  Respondents      Respondents         per Response          Responses           Response         Total Hours
----------------------------------------------------------------------------------------------------------------
Adolescents 13-            16,448                     1             16,448             0.1739              2,860
 17, and
 Adults 18+
----------------------------------------------------------------------------------------------------------------
Total                                                                                2,860
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    Dated: February 23, 2010.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2010-4098 Filed 2-26-10; 8:45 am]
BILLING CODE 4160-01-S


Bibliography Supporting Information General Information II 1. Florida Fruit and Vegetable Association, 2002, Narrative, Application for the Methyl Bromide Critical Use Exemption   Florida Tomato, ( CUE 02 0046),

FFVA, P. O. Box 140155, Orlando, Florida.

II 2. Florida Fruit and Vegetable Association, 2002, Narrative, Application for the Methyl Bromide Critical Use Exemption   Florida Strawberries, ( CUE 02 0053), FFVA, P. O. Box 140155, Orlando, Florida.

II 3. Florida Fruit and Vegetable Association, 2002, Narrative, Application for the Methyl Bromide Critical Use Exemption   Florida Solanaceous Crops ( other than Tomato), ( CUE 02 0054), FFVA, P. O. Box 140155, Orlando,

Florida.

Economics/ Crop Production II 4. Glades Crop Care, Inc., 2002, Crop Time Line For Florida Fresh Market Tomato, http:// pestdata. ncsu. edu/ croptimelines/ pdf/ Fltomato. pdf.

II 5. Florida Agricultural Statistics Service, 2003, Vegetable Acreage, Production, and Value, 2001 2002, http:// www. nass. usda. gov/ fl/ veg/ Vegapv03. txt.

II 6. Florida Agricultural Statistics Service, 2002, Vegetable Acreage, Production, and Value, 2000 2001, http:// www. nass. usda. gov/ fl/ veg/ Vegapv02. txt.

II 7. Crop Budgets, Methyl Bromide and Alternatives, IFAS and FFVA, 2003, Tomato  Instructions/ Definitions  North Florida   Methyl Bromide  North Florida   Alternatives  Ruskin Palmetto Fall   Single Crop   Methyl Bromide  Ruskin Palmetto Fall   Single Crop   Alternatives  Ruskin Palmetto Fall   Double Crop   Methyl Bromide  Ruskin Palmetto Fall   Double Crop   Alternatives  Ruskin Palmetto   Spring Crop   Methyl Bromide  Ruskin Palmetto   Spring Crop   Alternatives  Palm Beach   Methyl Bromide  Palm Beach   Alternatives  Palm Beach   Double Crop   Methyl Bromide  Palm Beach   Double Crop   Alternatives  Southwest Florida   Methyl Bromide  Southwest Florida   Alternatives  Southwest Florida   Double Crop   Methyl Bromide  Southwest Florida   Double Crop   Alternatives  Dade County   Methyl Bromide  Dade County   Alternatives II 8. Crop Budgets, Methyl Bromide and Alternatives, IFAS and FFVA, 2003, Strawberry  Instructions/ Definitions  Strawberry   Methyl Bromide  Strawberry   Alternatives  Strawberry   Double Crop   Methyl Bromide  Strawberry   Double Crop   Alternatives II 9. Crop Budgets, Methyl Bromide and Alternatives, IFAS and FFVA, 2003, Eggplant and Pepper  Instructions/ Definitions  Eggplant   Methyl Bromide  Eggplant   Alternatives  Pepper   Methyl Bromide  Pepper   Alternatives  Pepper   Double Crop   Methyl Bromide  Pepper   Double Crop   Alternatives II 10. Florida Tomato Committee, September 2002, Annual Report 2001 2002, P. O. Box 140635, Orlando, Florida, 32814, http:// www. floridatomatoes. org.

Regulatory Status of Alternatives II 11. Dow Agrosciences, July 2003, PPE Requirements, Buffer Zone Restrictions Eased for Telone Soil Fumigants, Dow Agrosciences LLC, Indianapolis, Indiana, 46268.

II 12. Specimen Label, Telone C 35, July 2003, Dow Agrosciences LLC, Indianapolis, Indiana, 46268.

II 13. Specimen Label, Telone II, July 2003, Dow Agrisciences LLC, Indianapolis, Indiana, 46268.

II 14. Florida Department of Agricultural and Consumer Services ( FDACS), July 2002, Letter to EPA, OPP, Telone Label Restrictions Karst Terminology, Dennis Howard, FDACS, Bureau Chief, Bureau of Pesticides, FDACS, The Capitol,

Tallahassee, Florida.

II 15. Pesticide Review Council, May 1984, Summary of Soil, Hydrogeological and Other Environmental Conditions in the State of Florida Related to the Use of Pesticides, Bureau of Product Data Evaluation, FDACS, The Capitol, Tallahassee, Florida.

II 16. Galloway, D. L., D. R. Jones, and S. E. Ingebritzen, 2000, Land Subsidence in the United States, USGS Fact Sheet   165 00, U. S. Geological Survey, U. S.

Department of the Interior, http:// water. usgs. gov/ ogw.

II 17. Brown, C. E., R. K. Krulikas, and D. L. Brendle, 1996, Hydrogeologic Assessment of Shallow Clastic and Carbonate Rock Aquifers in Hendry and Collier Counties, Southwest Florida, USGS Open File Report 96 556, Prepared in Cooperation with the South Florida Water Management District, U. S.

Geological Survey, Department of the Interior.

II 18. Tihansky, A. B., 1999, Sinkholes, West Central Florida, A Link Between Surface Water and Ground Water, in D. Galloway, et al., eds., Land Subsidence in the United States, USGS Circular 1182: 121 140, US Geological Survey, U. S. Department of the Interior.

II 19. Specimen Label, SANDEA Herbicide, Gowan Company, Yuma, Arizona.

II 20. Supplemental Label, 2002, Matrix Herbicide   For Use on Field Grown Tomatoes,

Dupont Agricultural Products, E. T. du Pont de Nemours and Company, Wilmington, Delaware.

II 21. Supplemental Label, 2003, Dual Magnum Herbicide   For Weed Control in Tomatoes ( Transplanted and Seeded), Syngenta Crop Protection, Inc., Greensboro, North Carolina.


[Federal Register Volume 78, Number 207 (Friday, October 25, 2013)]
[Notices]
[Pages 64052-64057]
[FR Doc No: 2013-25142]

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

DEPARTMENT OF THE TREASURY

Office of the Comptroller of the Currency

[Docket ID OCC-2013-0014]

BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM

[Docket No. OP-1465]

FEDERAL DEPOSIT INSURANCE CORPORATION

NATIONAL CREDIT UNION ADMINISTRATION

BUREAU OF CONSUMER FINANCIAL PROTECTION

[Docket No. CFPB-2013-0029]

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-70731; File No. S7-08-13]

Proposed Interagency Policy Statement Establishing Joint
Standards for Assessing the Diversity Policies and Practices of
Entities Regulated by the Agencies and Request for Comment

AGENCY: Office of the Comptroller of the Currency (``OCC''); Board of
Governors of the Federal Reserve System (``Board''); Federal Deposit
Insurance Corporation (``FDIC''); National Credit Union Administration
(``NCUA''); Bureau of Consumer Financial Protection (``CFPB''); and
Securities and Exchange Commission (``SEC'').

ACTION: Notice of proposed interagency policy statement with request
for public comment.

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

SUMMARY: The OCC, Board, FDIC, NCUA, CFPB, and SEC (each an ``Agency''
and collectively, the ``Agencies'') are proposing joint standards for
assessing the diversity policies and practices of the entities they
regulate. Section 342 of the Dodd-Frank Wall Street Reform and Consumer
Protection Act of 2010 (``Dodd-Frank Act'') \1\ directed the
establishment of an Office of Minority and Women Inclusion (``OMWI
Office'') in each Agency. Each OMWI Office is headed by a Director and
is responsible for all Agency matters relating to diversity in
management, employment, and business activities. Section 342(b)(2)(C)
directs each Agency's OMWI Director to develop standards for assessing
the diversity policies and practices of entities regulated by that
Agency. This proposed interagency policy statement (``Statement'')
identifies these proposed standards and requests comment on all aspects
of this Statement.
---------------------------------------------------------------------------

    \1\ Public Law 111-203, 124 Stat. 1376, 1541 (July 11, 2010),
codified as 12 U.S.C. 5452.

---------------------------------------------------------------------------
DATES: Comments must be received on or before December 24, 2013.

ADDRESSES: Interested parties are encouraged to submit written comments
to any of the Agencies listed below. To avoid duplication, the Agencies
request that commenters not submit the same comment to more than one
Agency. The Agencies will share comments with each other, as
appropriate.
    OCC: Because paper mail in the Washington, DC area and at the OCC
is subject to delay, commenters are encouraged to submit comments by
email, if possible. Please use the title ``Proposed Interagency Policy
Statement Establishing Joint Standards For Assessing the Diversity
Policies and Practices of Entities Regulated by the Agencies and
Request for Comment'' to facilitate the organization and distribution
of the comments. You may submit comments by any of the following
methods:
     Email<EMAIL_ADDRESS>     Mail: Legislative and Regulatory Activities Division,
Office of the Comptroller of the Currency, Mail Stop 9W-11, 400 7th
Street SW., Washington, DC 20219.
     Fax:<PHONE_NUMBER>.
     Hand Delivery/Courier: 400 7th Street SW., Washington, DC
20219.
    Instructions: You must include ``OCC'' as the agency name and
``Docket ID OCC-2013-0014'' in your comment. In general, the OCC will
enter all comments received into the docket and publish them on the
Regulations.gov Web site without change, including any business or
personal information that you provide such as name and address
information, email addresses, or phone numbers. Comments received,
including attachments and other supporting materials, are part of the
public record and subject to public disclosure. Do not enclose any
information in your comment or supporting materials that you consider
confidential or inappropriate for public disclosure.
    You may review comments that pertain to this notice by:
    Viewing Comments Personally: You may personally inspect and
photocopy

comments at the OCC, 400 7th Street SW., Washington, DC. For security
reasons, the OCC requires that visitors make an appointment to inspect
comments. You may do so by calling<PHONE_NUMBER>. Upon arrival,
visitors will be required to present valid government-issued photo
identification and to submit to security screening in order to inspect
and photocopy comments.
    Board: You may submit written comments, identified by Docket No.
OP-1465, by any of the following methods:
     Agency Web site: http://www.federalreserve.gov. Follow the
instructions for submitting comments at http://www.federalreserve.gov/apps/foia/proposedregs.aspx.
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
     Email<EMAIL_ADDRESS>Include the
docket number in the subject line of the message.
     Fax:<PHONE_NUMBER> or<PHONE_NUMBER>.
     Mail: Address to Robert deV. Frierson, Secretary, Board of
Governors of the Federal Reserve System, 20th Street and Constitution
Avenue NW., Washington, DC 20551.
    Please send comments by one method only.
    All public comments will be made available on the Board's Web site
at http://www.federalreserve.gov/apps/foia/proposedregs.aspx as
submitted, unless modified for technical reasons. Accordingly, comments
will not be edited to remove any identifying or contact information.
Public comments may also be viewed electronically or in paper in Room
MP-500 of the Board's Martin Building (20th and C Streets NW.) between
9:00 a.m. and 5:00 p.m. on weekdays.
    FDIC: You may submit comments by any of the following methods:
     FDIC Web site: http://www.fdic.gov/regulations/laws/federal/purpose.html. Follow instructions for submitting comments on
the agency Web site.
     FDIC Email<EMAIL_ADDRESS>Include ``Comments'' on the
subject line of the message.
     FDIC Mail: Robert E. Feldman, Executive Secretary,
Attention: Comments, Federal Deposit Insurance Corporation, 550 17th
Street NW., Washington, DC 20429.
     Hand Delivery to FDIC: Comments may be hand-delivered to
the guard station at the rear of the building at 550 17th Street
(located on F Street), Washington, DC, on business days between 7:00
a.m. and 5:00 p.m.
    Please note: All comments received will be posted generally without
change to http://www.fdic.gov/regulations/laws/federal/propose.html,
including any personal information provided.
    Please include your name, affiliation, address, email address and
telephone number(s) in your comment. Where appropriate, comments should
include a short Executive Summary (no more than five single-spaced
pages). All statements received, including attachments and other
supporting materials, are part of the public record and subject to
public disclosure. You should submit only information that you wish to
make available publicly.
    NCUA: You may submit comments by any one of the following methods
(please send comments by one method only):
     Federal rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
     NCUA Web site: http://www.ncua.gov/Legal/Regs/Pages/PropRegs.aspx. Follow the instructions for submitting comments.
     Email: Address to<EMAIL_ADDRESS>Include ``[Your
name]--Comments on Proposed Interagency Policy Statement Establishing
Joint Standards For Assessing the Diversity Policies and Practices of
Regulated Entities'' in the email subject line.
     Fax:<PHONE_NUMBER>. Use the subject line described above
for email.
     Mail: Address to Gerard Poliquin, Secretary of the Board,
National Credit Union Administration, 1775 Duke Street, Alexandria,
Virginia 22314-3428.
     Hand Delivery/Courier: Same as mail address.
    Public Inspection: You can view all public comments on NCUA's Web
site at http://www.ncua.gov/Legal/Regs/Pages/PropRegs.aspx as
submitted, except for those we cannot post for technical reasons. NCUA
will not edit or remove any identifying or contact information from the
public comments submitted. You may inspect paper copies of comments in
NCUA's law library at 1775 Duke Street, Alexandria, Virginia 22314, by
appointment weekdays between 9:00 a.m. and 3:00 p.m. To make an
appointment, call<PHONE_NUMBER> or send an email to<EMAIL_ADDRESS>    CFPB: You may submit comments, identified by Docket No. CFPB-2013-
0029, by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
     Mail/Hand Delivery/Courier: Monica Jackson, Office of the
Executive Secretary, Bureau of Consumer Financial Protection, 1700 G
Street NW., Washington, DC 20552.
    Instructions: All submissions must include the Agency name and
docket number. In general, all comments received will be posted without
change to http://www.regulations.gov. In addition, comments will be
available for public inspection and copying at 1700 G Street NW.,
Washington, DC 20552, on official business days between the hours of
10:00 a.m. and 5:00 p.m. Eastern Time. You can make an appointment to
inspect the documents by telephoning<PHONE_NUMBER>.
    All comments, including attachments and other supporting materials,
will become part of the public record and subject to public disclosure.
Sensitive personal information, such as account numbers or social
security numbers, should not be included. Comments will not be edited
to remove any identifying or contact information.
    SEC: Comments may be submitted by any of the following methods:
    Electronic Comments:
     Use the Commission's Internet comment form (http://www.sec.gov);
     Send an email to<EMAIL_ADDRESS>Please include
File Number S7-08-13 on the subject line; or
     Use the Federal eRulemaking Portal (http://www.regulations.gov). Follow instructions for submitting comments.
    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 S7-08-13. This
file number should be included on the subject line if email is used. To
help us 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). Comments also are
available for Web site viewing and printing in the Commission's Public
Reference Room, 100 F Street NE., Washington, DC 20549 on official
business days between the hours of 10:00 a.m. and 3:00 p.m. All
comments received will be posted without change; we do not edit
personal identifying information from submissions. You should submit
only information that you wish to make available publicly.

FOR FURTHER INFORMATION CONTACT:
    OCC: Joyce Cofield, Executive Director, Office of Minority and
Women Inclusion, at<PHONE_NUMBER> or Karen McSweeney, Senior Attorney,
Law Department, at<PHONE_NUMBER>, Office of the Comptroller of the
Currency, 400 7th Street SW., Washington, DC 20219.

    BOARD: Sheila Clark, Director, Office of Diversity and Inclusion,
at<PHONE_NUMBER>; or Katherine Wheatley, Associate General Counsel,
Legal Division, at<PHONE_NUMBER>.
    FDIC: Melodee Brooks, Senior Deputy Director, Office of Minority
and Women Inclusion,<PHONE_NUMBER>; Henry R.F. Griffin, Assistant
General Counsel,<PHONE_NUMBER>; or Michelle M. Borzillo, Senior
Counsel,<PHONE_NUMBER>; or Robert Lee, Counsel,<PHONE_NUMBER>, Legal
Division, Federal Deposit Insurance Corporation, 550 17th Street NW.,
Washington, DC 20429-0002.
    NCUA: Tawana James, Director, Office of Minority and Women
Inclusion, at<PHONE_NUMBER>, or Cynthia Vaughn, Diversity Outreach
Program Analyst, Office of Minority and Women Inclusion, at (703) 518-
1653, or Steven W. Widerman, Senior Staff Attorney, Office of General
Counsel, at<PHONE_NUMBER>.
    CFPB: Stuart Ishimaru, Director, Office of Minority and Women
Inclusion, at<PHONE_NUMBER>, or To-Quyen Truong, Deputy General
Counsel, Legal Division at<PHONE_NUMBER>, Bureau of Consumer Financial
Protection, 1700 G Street NW., Washington, DC 20552.
    SEC: Pamela A. Gibbs, Director, Office of Minority and Women
Inclusion,<PHONE_NUMBER>, or Tracey L. McNeil, Counsel, Office of
Minority and Women Inclusion,<PHONE_NUMBER>, Securities and Exchange
Commission, 100 F Street NE., Washington, DC 20549.

SUPPLEMENTARY INFORMATION:

I. Background

    Each Office of Minority and Women Inclusion (OMWI) is headed by a
Director who is responsible for Agency matters relating to diversity in
management, employment, and business activities. Section 342(b)(2)(C)
requires each Agency's OMWI Director to develop standards for
``assessing the diversity policies and practices of entities regulated
by the agency.'' Such standards take into account section 342(b)(4),
which states that nothing in section 342(b)(2)(C) ``may be construed to
mandate any requirement on or otherwise affect the lending policies and
practices of any regulated entity, or to require any specific action
based on the findings of the assessment.''
    The Agencies believe that a goal of section 342 is to promote
transparency and awareness of diversity policies and practices within
the entities regulated by the Agencies. The establishment of standards
will provide guidance to the regulated entities and the public for
assessing the diversity policies and practices of regulated entities.
In addition, by facilitating greater awareness and transparency of the
diversity policies and practices of regulated entities, the standards
will provide the public a greater ability to assess diversity policies
and practices of regulated entities. The Agencies recognize that
greater diversity and inclusion promotes stronger, more effective, and
more innovative businesses, as well as opportunities to serve a wider
range of customers.
    The Agencies believe that the term ``assessment'' encompasses many
different types of assessments including self-assessment and provides
an opportunity for the Agencies and the public to understand the
diversity policies and practices of regulated entities. The assessment
envisioned by the Agencies is not one of a traditional examination or
other supervisory assessment. Thus, the Agencies will not use the
examination or supervision process in connection with these proposed
standards.
    The Agencies are cognizant that regulated entities (a) with 100 or
more employees; or (b) who are federal contractors with 50 or more
employees and are prime contractors or first-tier subcontractors, with
contracts of $50,000 or more are required to file an Employer
Information Report EEO-1 (``EEO-1 Report'') with the Equal Employment
Opportunity Commission. These reports contain data on the employment
diversity at these regulated entities, and should assist the regulated
entities in assessing their diversity policies and practices. We
encourage regulated entities that are not required to file EEO-1
Reports to monitor and assess their diversity policies and practices
and to use the proposed standards as a guide.
    The OMWI Directors have worked together to develop a set of
proposed standards for assessing the diversity policies and practices
of entities regulated by the Agencies. In developing these standards,
the Agencies took into account individual entities' circumstances (for
example, asset size of the entity, number of employees, governance
structure, income, number of members and/or customers, contract volume,
geographic location, and community characteristics). We seek comments
specifically on how we might better take into account individual
entities' circumstances, especially for small regulated entities.

II. The Development of Proposed Joint Standards

    During 2012, to encourage input and to learn more about diversity
policies and practices, the OMWI Directors and staff held a series of
roundtable discussions and teleconferences across the country with
representatives of depository institutions, holding companies, credit
unions, and industry trade groups. These outreach efforts served as an
opportunity for regulated entities to provide input on assessment
standards and for the Agencies to learn about the challenges and
successes of current diversity programs and policies.
    The OMWI Directors also held roundtable discussions with members of
groups representing financial services professionals, communities, and
consumer advocates. These meetings provided the Agencies with a greater
understanding of the issues facing minorities and women with respect to
employment and business contracting opportunities within the financial
services industry.
    Based on feedback received from the outreach sessions, the Agencies
together have drafted proposed standards for assessing the diversity
policies and practices of the entities regulated by the Agencies. These
proposed standards address a regulated entity's employment practices
and its business practices with regard to the procurement of goods and
services.
    The Agencies recognize that these standards may need to change and
improve over time. Accordingly, the Agencies are open to ideas and
input from the public to strengthen and develop this policy statement.
Legal responsibility for insured depository institutions, credit
unions, and depository institution holding companies shall be with the
primary prudential regulator with respect to section 342 of the Dodd-
Frank Act and these standards.
    The proposed Statement follows.

Interagency Policy Statement Establishing Joint Standards for Assessing
the Diversity Policies and Practices of Entities Regulated by the
Agencies and Request for Comment

I. Introduction

    Section 342 of the Dodd Frank Wall Street Reform and Consumer
Protection Act of 2010 requires the Directors of the Offices of
Minority and Women Inclusion (OMWI) to develop standards by which the
diversity policies and practices of the entities regulated by the
Office of the Comptroller of the Currency, Board of Governors of the
Federal Reserve System, Federal Deposit Insurance Corporation, National
Credit Union Administration, Bureau of Consumer Financial Protection,
and Securities and Exchange Commission

(``the Agencies'') may be assessed. To promote consistency in this
area, the OMWI Directors worked together to develop joint proposed
standards.

II. The Joint Standards

    An assessment of diversity policies and practices of the entities
regulated by the Agencies may include the factors listed below. These
standards may be tailored to take into consideration an individual
entity's size and other characteristics (for example, total assets,
number of employees, governance structure, revenues, number of members
and/or customers, contract volume, geographic location, and community
characteristics).

(1) Organizational Commitment to Diversity and Inclusion

    The leadership of a successful organization demonstrates its
commitment to diversity and inclusion. Leadership comes from the
governing body such as a board of directors, senior officials, and
those managing the organization on a day-to-day basis. These standards
inform how an entity promotes diversity and inclusion both in
employment and contracting, and how an entity fosters a corporate
culture that embraces diversity and inclusion.
Standards
    In a manner reflective of the individual entity's size and other
characteristics,
     The regulated entity includes diversity and inclusion
considerations in both employment and contracting as an important part
of its strategic plan including hiring, recruiting, retention and
promotion.
     The entity has a diversity and inclusion policy that is
approved and supported by senior leadership, including senior
management and the board of directors.
     The entity provides regular progress reports to the board
and/or senior management.
     The entity conducts equal employment opportunity and
diversity and inclusion education and training on a regular and
periodic basis.
     The entity has a senior level official who oversees and
directs the entity's diversity efforts. For some institutions, these
responsibilities are assigned to an executive-level Chief Diversity
Officer (or equivalent position) with dedicated resources to support
diversity strategies and initiatives. For other entities, such as
smaller entities, these responsibilities are assigned to a senior
officer with sufficient authority.
     The entity takes proactive steps to promote a diverse pool
of candidates, including women and minorities, in its hiring,
recruiting, retention, and promotion, as well as in its selection of
board members, senior management, and other senior leadership
positions.

(2) Workforce Profile and Employment Practices

    Many entities promote the fair inclusion of minorities and women in
their workforce by publicizing employment opportunities, creating
relationships with minority and women professional organizations and
educational institutions, creating a culture that values the
contribution of all employees, and encouraging focus on these
objectives when evaluating performance of managers. Entities with
diversity and inclusion programs regularly evaluate their programs and
identify areas that can be improved.
    Entities use various analytical tools to evaluate a wide range of
business objectives, including metrics to track and measure the
inclusiveness of their workforce (e.g., race, ethnicity, and gender).
Regulated entities that are subject to the Equal Employment Opportunity
Commission (EEOC) and the Office of Federal Contract Compliance
Programs (OFCCP) reporting requirements \2\ currently provide data and
supporting documentation that serve as analytical tools to evaluate
diversity and inclusion programs. For entities not subject to the EEOC
and OFCCP reporting requirements, these tools may serve as valuable
models for data analysis to evaluate and assess diversity efforts.
---------------------------------------------------------------------------

    \2\ The Employer Information Report EEO-1 (EEO-1 Report) is
required to be filed annually with the EEOC by (a) private employers
with 100 or more employees or (b) federal contractors who have 50 or
more employees, and are prime contractors or first-tier
subcontractors, with contracts of $50,000 or more.
---------------------------------------------------------------------------

Standards
    In a manner reflective of the individual entity's size and other
characteristics,
     Entities that file an annual EEO-1 Report as required by
Title VII of the Civil Rights Act of 1964, or otherwise track their
workforce data, use the data to evaluate and assess workforce diversity
and inclusion efforts.
     Entities that prepare annual Affirmative Action Plans as
required by Executive Order 11246 under the jurisdiction of the OFCCP
use those plans to evaluate and assess workforce diversity and
inclusion efforts.
     The entity utilizes metrics to evaluate and assess
workforce diversity and inclusion efforts, such as recruitment,
applicant tracking, hiring, promotions, separations (voluntary and
involuntary), career development support, coaching, executive seminars
and retention across all levels and occupations of the organization
including executive and managerial ranks.
     The entity holds management accountable for diversity and
inclusion efforts.
     The entity has policies and practices that create diverse
applicant pools for both internal and external opportunities that may
include:
    [cir] Outreach to minority and women organizations;
    [cir] Outreach to educational institutions serving significant
minority and women student populations; and
    [cir] Participation in conferences, workshops, and other events to
attract minorities and women and inform them of employment and
promotion opportunities.

(3) Procurement and Business Practices--Supplier Diversity

    We recognize that there is limited public information available on
supplier diversity at regulated entities and it may be more challenging
to compare supplier diversity policies and practices among regulated
entities. Some smaller institutions may also face greater challenges in
gathering such information.
    Companies increasingly understand the competitive advantage of
using a broader choice of available businesses with benefits such as
price, quality, attention to detail, and future relationship building.
A number of entities have achieved success at broadening the range of
available business options by increasing outreach to minority-owned and
women-owned businesses.
    As in the employment context, entities often use metrics to know
the baseline of how much they spend on procuring goods and services and
contracting for other business services, how much they spend with
minority-owned and women-owned businesses, the availability of relevant
minority-owned and women-owned businesses, and the growth in usage over
time. Similarly, entities can use outreach methods to inform minority-
owned and women-owned businesses (and affinity groups representing
these constituencies) of the availability of these opportunities and
the mechanism used by the entity for procurement.
    In addition, entities' prime contractors often use subcontractors
to fulfill the obligations of various contracts. The use of minority-
owned and women-owned businesses as

subcontractors provides valuable opportunities for both the minority-
owned and women-owned businesses as well as for the prime contractor.
The prime contractor can use this opportunity to work with minority-
owned and women-owned businesses, and can expand the prime contractor's
own capability under the contract. Entities can encourage the use of
minority-owned and women-owned subcontractors by incorporating this
objective in their business contracts.
Standards
    In a manner reflective of the individual entity's size and other
characteristics,
     The entity has a supplier diversity policy that provides
for a fair opportunity for minority-owned and women-owned businesses to
compete in procurements of business goods and services. This includes
contracts of all types, including contracts for the issuance or
guarantee of any debt, equity, or security, the sale of assets, the
management of assets of the entity, and the making of equity
investments by the entity.
     The entity has methods to evaluate and assess its supplier
diversity, which may include metrics and analytics related to:
    [cir] Annual contract spending by the entity;
    [cir] Percentage spent with minority-owned and women-owned business
contractors by race, ethnicity, and gender;
    [cir] Percentage of contracts with minority-owned and women-owned
business sub-contracts; and
    [cir] Demographics of the workforce for contractors and
subcontractors.
     The entity has practices to promote a diverse supplier
pool which may include:
    [cir] Outreach to minority-owned and women-owned contractors and
representative organizations;
    [cir] Participation in conferences, workshops and other events to
attract minority-owned and women-owned firms and inform them of
contracting opportunities; and
    [cir] An ongoing process to publicize its procurement
opportunities.

(4) Practices To Promote Transparency of Organizational Diversity and
Inclusion

    To promote the objectives of section 342, an entity's diversity and
inclusion program should be transparent. Transparency and publicity can
be an important aspect of assessing diversity policies and practices.
Greater awareness and transparency can give members of the public
information that allows them to assess those policies and practices.
Entities can publicize information on their diversity and inclusion
efforts through normal business methods, which can include, among other
things, displaying information on their Web sites, in their promotional
materials and in their annual reports to shareholders, if applicable.
Making public an entity's commitment to diversity and inclusion, its
plans for achieving diversity and inclusion, and its metrics used to
measure success in both workplace and supplier diversity, informs a
broad constituency--its investors, employees, potential employees and
suppliers, customers, and the general community. Publication of this
information can open new markets to new communities and can illustrate
the progress that has been made toward an important business goal.
Standards
    In a manner reflective of the individual entity's size and other
characteristics, the regulated entity provides transparency in its
activities regarding diversity and inclusion by making the following
information available to the public annually through its public Web
site or other appropriate communication methods:
     Its diversity and inclusion strategic plan;
     its commitment to diversity and inclusion; and
     its progress toward achieving diversity and inclusion in
its workforce and procurement activities, which may include its:
    [cir] current workforce and supplier demographic profiles;
    [cir] current employment and procurement opportunities;
    [cir] forecasts of potential employment and procurement
opportunities; and
    [cir] the availability and use of mentorship and developmental
programs for employees and contractors.

III. Proposed Approach to Assessment

    In developing the standards proposed in this Statement, the
Agencies believe that the term ``assessment'' contemplates both self-
assessment and an opportunity for the Agencies and the public to
understand the diversity policies and practices of regulated entities.
The assessment envisioned by the Agencies is not one of a traditional
examination or other supervisory assessment. Thus, the Agencies will
not use the examination or supervision process in connection with these
proposed standards.
    A model assessment would include:
     A self-assessment utilizing the proposed standards to
conduct a quantitative and qualitative evaluation of the diversity and
inclusion policies and practices, as stated in Section II (The Joint
Standards).
     Voluntary disclosure to the appropriate Agency of the
self-assessment and other information the entity deems relevant. The
Agencies will monitor the information submitted over time for use as a
resource in carrying out their diversity and inclusion
responsibilities.
     The entity displays information on its public Web site and
in its annual reports, and in other materials, regarding its efforts to
comply with these proposed standards as an opportunity for more public
awareness and understanding of its diversity policies and practices.
The Agencies may periodically review information on regulated entities'
public Web sites to monitor diversity and inclusion practices.
    Entities that are required to file an EEO-1 Report are encouraged
to use the proposed standards to develop and monitor diversity policies
and practices. Entities that do not file EEO-1 Reports may also
consider using the standards in a manner reflective of the individual
entity's size and other characteristics.
    The OMWI Directors will also continue to reach out to regulated
entities and other interested parties to discuss diversity and
inclusion practices and methods of assessment.

IV. Request for Comment

    The Agencies request comments on all aspects of this draft policy
statement, including but not limited to those set forth below. The
Agencies will revise the Statement as appropriate after a review of
public comments.
    (1) Are the proposed joint standards effective and appropriate to
promote diversity and inclusion? Why or why not? If not, what standards
would be appropriate and why? How would such standards support or
hinder the objectives of section 342?
    (2) Are the proposed joint standards sufficiently flexible but
still effective to allow meaningful assessments of entities with a wide
range of particular characteristics or circumstances (for example,
asset size; number of employees; contract volume; income stream; and
number of members and/or customers)? Are there other ways to approach
the standards for smaller entities, such as those with small
contracting dollar volumes or those not required to file EEO-1 reports?
What other approaches or characteristics would be appropriate for any
such

alternative, modified or scaled approach? How would such modification
or scaling support or hinder the objectives of section 342?
    (3) What other factors, if any, would be useful in assessing the
diversity policies and practices of the regulated entities, and why
should such factors be considered? How would such factors support or
hinder the objectives of section 342?
    (4) Is the proposed model approach to assessment effective and
appropriate to promote diversity and inclusion? Why or why not? If not,
what approach would be appropriate and why? How would such approach
support or hinder the objectives of Section 342?
    (5) Would there be potential advantages or disadvantages of the
proposed model approach to assessment? If so, what would they be?

V. Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act (PRA) of 1995 (44
U.S.C. 3501 et. seq)., the Agencies have reviewed the proposed policy
statement and determined that it contains no collections of information
requiring approval by the Office of Management and Budget (OMB). As the
Agencies consider the public comments received and finalize the policy
statement, they will reevaluate this PRA determination.

    Dated: October 2, 2013.
Thomas J. Curry,
Comptroller of the Currency.
    By order of the Board of Governors of the Federal Reserve
System, October 10, 2013.
Robert deV. Frierson,
Secretary of the Board.
    Dated at Washington, DC, this 4th of October 2013.

    Federal Deposit Insurance Corporation.
Robert E. Feldman,
Executive Secretary.
    By the National Credit Union Administration Board on September
18, 2013.
Gerard Poliquin,
Secretary of the Board.
    Dated: October 1, 2013.
Richard Cordray,
Director, Bureau of Consumer Financial Protection.
    By the Securities and Exchange Commission.

    Dated: October 22, 2013.
Elizabeth M. Murphy
Secretary.
[FR Doc. 2013-25142 Filed 10-24-13; 8:45 am]
BILLING CODE 4810-33-P; 6210-01-P; 6741-01-P; 7590-01-P; 4810-AM-P;
8011-01-P