[Federal Register Volume 78, Number 39 (Wednesday, February 27, 2013)]
[Rules and Regulations]
[Pages 13243-13252]
[FR Doc No: 2013-03724]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 126, 127, 154, and 155

46 CFR Parts 32, 34, 39, 54, 56, 76, 95, 108, 153, 160, 162, and
193

[Docket No. USCG-2012-0866]
RIN 1625-AB98

Updates to Standards Incorporated by Reference; Reapproved ASTM
Standards; Technical Amendment

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: Many of the Coast Guard's regulations incorporate by reference
consensus standards that are developed by organizations other than the
Coast Guard. This final rule updates references to standards developed
by ASTM International, that have been reapproved, without change, since
their incorporation into Coast Guard regulation. This rule does not
address standards that have changed substantively, and it will not have
any substantive impact on the regulated public.

DATES: This rule is effective March 29, 2013. The incorporation by
reference of certain publications listed in the rule is approved by the
Director of the Federal Register on March 29, 2013.

ADDRESSES: Documents mentioned in this preamble as being available in
the docket are part of docket USCG-2012-0866 and are 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. You may also find
this docket on the Internet by going to http://www.regulations.gov,
inserting USCG-2012-0866 in the ``Keyword'' box, and then clicking
``Search.''
    Viewing incorporation by reference material. You may inspect the
material incorporated by reference at the U.S. Coast Guard
Headquarters, Room 1304, 2100 2nd Street SW., Washington, DC 20593
between 9 a.m. and 2 p.m., Monday through Friday, except Federal
holidays. The telephone number is<PHONE_NUMBER>. Copies of the material
are available as indicated in the ``Incorporation by Reference''
section of this preamble.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Roger K. Butturini, PE, U.S. Coast Guard Office of
Standards Evaluation and Development; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing the
docket, call Ms. Renee V. Wright, Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Abbreviations
II. Regulatory History
III. Basis and Purpose
IV. Background
    A. History of Incorporation by Reference
    B. Reapproved Standards
V. Discussion of Changes
    A. Incorporation of Reapproved Standards
    B. Reformatting Involving Standards Other Than Reapproved ASTM
Standards
    C. Removal of 33 CFR 155.140(c)(3)
VI. Incorporation by Reference
VII. Regulatory Analyses
    A. Regulatory Planning and Review
    B. Small Entities
    C. Assistance for Small Entities
    D. Collection of Information
    E. Federalism
    F. Unfunded Mandates Reform Act
    G. Taking of Private Property
    H. Civil Justice Reform
    I. Protection of Children
    J. Indian Tribal Governments
    K. Energy Effects
    L. Technical Standards
    M. Environment

I. Abbreviations

ASTM ASTM International
CFR Code of Federal Regulations
NTTAA National Technology Transfer and Advancement Act
U.S.C. United States Code

II. Regulatory History

    The Coast Guard is issuing this final rule without prior notice and
opportunity to comment, pursuant to section 4(a) of the Administrative
Procedure Act (5 U.S.C. 553(b)). This provision authorizes an agency to
issue a rule without prior notice and opportunity to comment when the
agency, for good cause, finds that those procedures are
``impracticable, unnecessary, or contrary to the public interest.'' As
discussed in more detail in this final rule, the industry standards
adopted in this rule are merely reapproved editions of the previously
incorporated standards. Reapproving a

standard is a maintenance activity that confirms to the reader that the
standard in question is not outdated or superseded as of the year of
reapproval. This rule does not change any substantive regulatory
requirements or pose any anticipated costs to the public, and will have
no substantive effect on the public. Because the revisions implemented
by this rule are all non-substantive changes without effect on the
public, the Coast Guard finds that notice and public comment on the
changes is unnecessary, and that good cause therefore exists under 5
U.S.C. 553(b)(B) for forgoing notice and comment procedures.

III. Basis and Purpose

    The purpose of this rule is to update references to incorporated
industry standards that have been reapproved, without change, by the
standards organization that developed them. In this rule, we focus on
standards developed by ASTM International (ASTM). We also are
standardizing usage of ASTM's name, which was formerly the American
Society for Testing and Materials, updating the listed contact
information for publishers, and reformatting certain sections for ease
of use.
    In updating our references, we ensure that the publications we have
incorporated by reference are reasonably available to the public as
required by 1 CFR part 51. The Coast Guard's authority to revise its
regulations is outlined in 33 CFR 1.05-1, as well as in the authority
citations for each part of the Code of Federal Regulations (CFR)
amended by this rule. Incorporation by reference is governed by 5
U.S.C. 552(a), 15 U.S.C. 272 note, and 1 CFR part 51.

IV. Background

A. History of Incorporation by Reference

    Voluntary consensus standards are technical standards that are
developed or adopted by voluntary consensus standards bodies. They may
include specifications for materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices. The Coast Guard has actively participated in the
development of industry standards for the safety of marine equipment at
the International Maritime Organization, the International Organization
for Standardization, ASTM, the American Society of Mechanical
Engineers, and other standards development bodies. The National
Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note)
directs agencies to use voluntary consensus standards in their
regulatory activities unless the agency provides Congress, through the
Office of Management and Budget, with an explanation of why using these
standards would be inconsistent with applicable law or would otherwise
be impractical.
    When appropriate, the Coast Guard incorporates industry standards,
and particularly voluntary consensus standards, into its regulations.
This process, known as incorporation by reference, gives the content of
incorporated standards the same force as regulations published in the
CFR. Incorporation by reference occurs as part of a rulemaking and is
governed by specific rules, which are available at 1 CFR part 51. Under
these rules the Coast Guard may only incorporate a specific edition of
a standard, and that standard must be reasonably available to the class
of persons affected by it. Because standards organizations revise and
replace standards over time, the specific edition incorporated by the
Coast Guard eventually may become outdated, unavailable, or both. This
can lead to conflicts between domestic and international requirements,
or between regulatory requirements and modern best practices.
Therefore, the Coast Guard reviews its incorporations by reference and
updates them if necessary.

B. Reapproved Standards

    Standards organizations sometimes ``reapprove'' standards without
modifying them. Reapproving a standard is a maintenance activity that
confirms to the reader that the standard in question is not outdated or
superseded as of the year of reapproval. For example, the standard
known as ASTM A 575-96, ``Standard Specification for Steel Bars,
Carbon, Merchant Quality, M-Grades,'' was originally published in 1996;
when it was reapproved in 2002, it became known as ASTM A 575-96
(Reapproved 2002). It was reapproved again in 2007 as ASTM A 575-96
(Reapproved 2007). The substantive content remains the same as in the
1996 edition.
    Because the Coast Guard must incorporate a specific edition,
however, reapproval can cause the Coast Guard's incorporation to become
outdated or confusing even if the substance of the incorporated
standard is unchanged. For example, the Coast Guard incorporated ASTM A
575-96. Although the content of the standard has not changed since the
Coast Guard incorporated it, the current version is ASTM A 575-96
(Reapproved 2007) and the incorporated ASTM A 575-96 has been
superseded. In some cases, superseded standards are no longer readily
available.
    This rule updates regulatory references to certain incorporated
ASTM standards that have been reapproved without change. We chose to
focus on ASTM standards in this rule because we had recently verified
that several such standards had been reapproved without change. The
Coast Guard is aware that standards developed by other organizations
may also have been reapproved and may also require updating, and that
some of the Coast Guard's other incorporations may require updating for
other reasons. The Coast Guard intends to address those incorporations
in future publications in the Federal Register. To that end, we
published a request for comments on November 30, 2012, (77 FR 71369) to
solicit public input as to which incorporations by reference require
updating.

V. Discussion of Changes

A. Incorporation of Reapproved Standards

    The following table lists the title of each standard affected by
this rule, the version previously incorporated, the more recent version
to be incorporated, and the locations in the CFR where these references
occur.

                           Table 1--List of ASTM Standards Affected by the Final Rule
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                                         Standard                                     Where incorporated
        Title of standard               previously        Standard  to be   ------------------------------------
                                       incorporated         incorporated        CFR title      CFR  section(s)
----------------------------------------------------------------------------------------------------------------
Standard Specification for Welded  F722-82 (1993).....  F722-82 (Reapproved              33  154.106
 Joints for Shipboard Piping                             2008).
 Systems.

Standard Specification for         F1121-87 (1993)....  F1121-87                         33  126.5, 127.003
 International Shore Connections                         (Reapproved 2010).              46  34.01-15, 76.01-2,
 for Marine Fire Applications.                                                                95.01-2, 108.101,
                                                                                193.01-3
Standard Specification for Pipe,   A134-96............  A134-96 (Reapproved              46  56.01-2
 Steel, Electric-Fusion (Arc)--                          2012).
 Welded (Sizes NPS 16 and Over).
Standard Specification for         A179/A179M-90a       A179/A179M-90a                   46  56.01-2
 Seamless Cold-Drawn Low-Carbon     (1996).              (Reapproved 2012).
 Steel Heat-Exchanger and
 Condenser Tubes.
Standard Specification for         A203/A203M-97......  A203/A203M-97                    46  54.01-1
 Pressure Vessel Plates, Alloy                           (Reapproved
 Steel, Nickel.                                          2007)[egr]1.
Standard Specification for         A214/A214M-96......  A214/A214M-96                    46  56.01-2
 Electric-Resistance-Welded                              (Reapproved 2012).
 Carbon Steel Heat-Exchanger and
 Condenser Tubes.
Standard Specification for         A536-84 (1993).....  A536-84 (Reapproved              46  56.01-2
 Ductile Iron Castings.                                  2009).
Standard Specification for Steel   A575-96............  A575-96 (Reapproved              46  56.01-2
 Bars, Carbon, Merchant Quality,                         2007).
 M-Grades.
Standard Specification for Steel   A576-90b (1995)....  A576-90b                         46  56.01-2
 Bars, Carbon, Hot-Wrought,                              (Reapproved 2012).
 Special Quality.
Standard Test Method for           D1434-82 (1988)....  D1434-82                         46  160.077-5, 160.176-
 Determining Gas Permeability                            (Reapproved                          4
 Characteristics of Plastic Film                         2009)[egr]1.
 and Sheeting.
Standard Specification for         F682-82a...........  F682-82a                         46  56.01-2
 Wrought Carbon Steel Sleeve-Type                        (Reapproved 2008).
 Pipe Couplings.
Standard Specification for         F1006-86 (1992)....  F1006-86                         46  56.01-2
 Entrainment Separators for Use                          (Reapproved 2008).
 in Marine Piping Applications.
Standard Specification for         F1007-86 (1996)....  F1007-86                         46  56.01-2
 Pipeline Expansion Joints of the                        (Reapproved 2007).
 Packed Slip Type for Marine
 Application.
Standard Specification for Line-   F1020-86 (1996)....  F1020-86                         46  56.01-2
 Blind Valves for Marine                                 (Reapproved 2011).
 Applications.
Standard Specification for         F1120-87 (1993)....  F1120-87                         46  56.01-2
 Circular Metallic Bellows Type                          (Reapproved 2010).
 Expansion Joints for Piping
 Applications.
Standard Specification for Non-    F1123-87 (1993)....  F1123-87                         46  56.01-2
 Metallic Expansion Joints.                              (Reapproved 2010).
Standard Specification for Steam   F1139-88 (1993)....  F1139-88                         46  56.01-2
 Traps and Drains.                                       (Reapproved 2010).
Standard Specification for Fuel    F1172-88 (1993)....  F1172-88                         46  56.01-2
 Oil Meters of the Volumetric                            (Reapproved 2010).
 Positive Displacement Type.
Standard Specification for Cast    F1199-88 (1993)....  F1199-88                         46  56.01-2
 (All Temperatures and Pressures)                        (Reapproved 2010).
 and Welded Pipe Line Strainers
 (150 psig and 150 [deg]F
 Maximum).
Standard Specification for         F1200-88 (1993)....  F1200-88                         46  56.01-2
 Fabricated (Welded) Pipe Line                           (Reapproved 2010).
 Strainers (Above 150 psig and
 150 [deg]F).
Standard Specification for Fluid   F1201-88 (1993)....  F1201-88                         46  56.01-2
 Conditioner Fittings in Piping                          (Reapproved 2010).
 Applications Above 0 [deg]F.
Standard Specification for Spill   F1271-90 (1995)....  F1271-90                         46  39.10-5, 153.4
 Valves for Use in Marine Tank                           (Reapproved 2012).
 Liquid Overpressure Protections
 Applications.
Standard Specification for Tank    F1273-91 (1997)....  F1273-91                         46  32.01-1
 Vent Flame Arresters.                                   (Reapproved 2007).
Standard Specification for Fire    F1546/F1546 M-96...  F1546/F1546M-96                  46  162.027-1
 Hose Nozzles.                                           (Reapproved 2012).
----------------------------------------------------------------------------------------------------------------

    All of the incorporated standards in Table 1 have been reapproved
without change. For that reason, incorporating the most recent versions
does not change the substantive regulatory requirements and will have
no substantive impact on the regulated public.
    The Coast Guard is also standardizing usage of the name ``ASTM
International,'' formerly known as the American Society for Testing and
Materials, as well as reformatting the reapproved document titles to
match the capitalization and punctuation used in the most current
publications. These changes are administrative in nature, and will not
affect the regulated public in a substantive manner.

B. Reformatting Involving Standards Other Than Reapproved ASTM
Standards

    Some of the reapproved ASTM standards appear in older sections of
the CFR that did not include paragraph designations. The lack of
paragraph designations makes reading and cross-referencing these
sections more difficult. This rule reformats those sections using the
Office of the Federal Register's preferred paragraph designation
format. The reformatted sections are 46 CFR 32.01-1, 76.01-2, 153.4,
160.077-5, 160.176-4, and 162.027-1. This rule also updates publisher
contact information in these sections when appropriate.
    Although these reformatted sections contain incorporated standards
other than reapproved ASTM standards, this rule does not update those
references, incorporate newer versions, or make any other substantive
change to those references. With the exception of the reapproved ASTM
standards discussed above, the content of the reformatted sections
remains the same as it was prior to this rule. Suggestions for updates
to these sections may be submitted to the Coast Guard using the contact
information in ADDRESSES.

C. Removal of 33 CFR 155.140(c)(3)

    In developing this rule, the Coast Guard became aware that 33 CFR
155.140(c)(3) indicated standard ASTM F 722-82 was incorporated by
reference in Appendices A and B of 33 CFR part 155. Appendices A and B
do not contain any reference to ASTM F 722-82, however, and subsequent
research determined this reference to be a typographical error. This
rule removes the reference to ASTM F 722-82 from Sec.  155.140. As
there is no regulatory requirement in Part 155 associated with the
standard, the removal can have no substantive impact on the public.

VI. Incorporation by Reference

    The Director of the Federal Register has approved the material in
33 CFR 126.5, 127.003, and 154.106; and 46 CFR 32.01-1, 34.01-15,
39.10-5, 54.01-1, 56.01-2, 76.01-2, 95.01-2, 108.101, 153.4, 160.077-5,
160.176-4, 162.027-1, and 193.01-3 for incorporation by reference under
5 U.S.C. 552 and 1 CFR part 51. Copies of the material are available
from the sources listed in these sections.

VII. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 (``Regulatory Planning and Review'') and
13563 (``Improving Regulation and Regulatory Review'') direct agencies
to assess the costs and benefits of available regulatory alternatives
and, if regulation is necessary, to select regulatory approaches that
maximize net benefits (including potential economic, environmental,
public health and safety effects, distributive impacts, and equity).
Executive Order 13563 emphasizes the importance of quantifying both
costs and benefits, of reducing costs, of harmonizing rules, and of
promoting flexibility. This final rule has not been designated a
``significant regulatory action'' under section 3(f) of Executive Order
12866, Regulatory Planning and Review, and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that Order. The Office of Management and Budget has not reviewed it
under that Order.
    This final rule makes non-substantive changes throughout Titles 33
and 46 of the CFR. As discussed in more detail in Section V (Discussion
of Changes) of this preamble, the industry standards adopted in this
rule are merely reapproved editions of the previously incorporated
standards. Reapproving a standard is a maintenance activity that
confirms to the reader that the standard in question is not outdated or
superseded as of the year of reapproval. Therefore, this rule does not
change any substantive regulatory requirements and will have no
substantive effect on the public. As a result, we expect no additional
cost to the industry. No additional labor or resources would be
required by the regulated public.
    We expect this final rule to be beneficial to the public and to the
maritime industry because it will make the Coast Guard's references to
these standards consistent with the current standards available for use
by industry and will ensure that the publications we have incorporated
by reference are reasonably available to the public.

B. Small Entities

    This rule is not preceded by a notice of proposed rulemaking and,
therefore, is exempt from the requirements of the Regulatory
Flexibility Act (5 U.S.C. 601-612). The Regulatory Flexibility Act does
not apply when the agency for good cause finds that notice and public
procedure thereon are impracticable, unnecessary, or contrary to the
public interest.

C. Assistance for Small Entities

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

D. Collection of Information

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

E. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if the rule has 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. We have analyzed this rule under that Order and
have determined that it does not have implications for federalism.

F. Unfunded Mandates Reform Act

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

G. Taking of Private Property

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

H. Civil Justice Reform

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

I. Protection of Children

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

J. Indian Tribal Governments

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

K. Energy Effects

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

L. Technical Standards

    The NTTAA (15 U.S.C. 272 note) directs agencies to use voluntary
consensus standards in their regulatory activities unless the agency
provides Congress, through the Office of Management and Budget, with an
explanation of why using these standards would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., specifications of materials,
performance, design, or operation; test methods; sampling procedures;
and related management systems practices) that are developed or adopted
by voluntary consensus standards bodies.
    This rule uses the following voluntary consensus standards:

           Table 2--List of ASTM Voluntary Consensus Standards
------------------------------------------------------------------------
      ID No. of standard                   Title of standard
------------------------------------------------------------------------
A134-96 (Reapproved 2012)....  Standard Specification for Pipe, Steel,
                                Electric-Fusion (Arc)-Welded (Sizes NPS
                                16 and Over).
A179/A179M-90a (Reapproved     Standard Specification for Seamless Cold-
 2012).                         Drawn Low-Carbon Steel Heat-Exchanger
                                and Condenser Tubes.
A 203/A 203M-97 (Reapproved    Standard Specification for Pressure
 2007)[egr]1.                   Vessel Plates, Alloy Steel, Nickel.
A214/A214M-96 (Reapproved      Standard Specification for Electric-
 2012).                         Resistance-Welded Carbon Steel Heat-
                                Exchanger and Condenser Tubes.
A 536-84 (Reapproved 2009)...  Standard Specification for Ductile Iron
                                Castings.
A 575-96 (Reapproved 2007)...  Standard Specification for Steel Bars,
                                Carbon, Merchant Quality, M-Grades.
A576-90b (Reapproved 2012)...  Standard Specification for Steel Bars,
                                Carbon, Hot-Wrought, Special Quality.
D1434-82 (Reapproved           Standard Test Method for Determining Gas
 2009)[egr]1.                   Permeability Characteristics of Plastic
                                Film and Sheeting.
F682-82a (Reapproved 2008)...  Standard Specification for Wrought Carbon
                                Steel Sleeve-Type Pipe Couplings.
F722-82 (Reapproved 2008)....  Standard Specification for Welded Joints
                                for Shipboard Piping Systems.
F1006-86 (Reapproved 2008)...  Standard Specification for Entrainment
                                Separators for Use in Marine Piping
                                Applications.
F1007-86 (Reapproved 2007)...  Standard Specification for Pipeline
                                Expansion Joints of the Packed Slip Type
                                for Marine Application.
F1020-86 (Reapproved 2011)...  Standard Specification for Line-Blind
                                Valves for Marine Applications.
F1120-87 (Reapproved 2010)...  Standard Specification for Circular
                                Metallic Bellows Type Expansion Joints
                                for Piping Applications.
F1121-87 (Reapproved 2010)...  Standard Specification for International
                                Shore Connections for Marine Fire
                                Applications.
F1123-87 (Reapproved 2010)...  Standard Specification for Non-Metallic
                                Expansion Joints.
F1139-88 (Reapproved 2010)...  Standard Specification for Steam Traps
                                and Drains.
F1172-88 (Reapproved 2010)...  Standard Specification for Fuel Oil
                                Meters of the Volumetric Positive
                                Displacement Type.
F1199-88 (Reapproved 2010)...  Standard Specification for Cast (All
                                Temperatures and Pressures) and Welded
                                Pipe Line Strainers (150 psig and
                                150[deg] F Maximum).
F1200-88 (Reapproved 2010)...  Standard Specification for Fabricated
                                (Welded) Pipe Line Strainers (Above 150
                                psig and 150[deg] F).
F1201-88 (Reapproved 2010)...  Standard Specification for Fluid
                                Conditioner Fittings in Piping
                                Applications Above 0[deg] F.
F1271-90 (Reapproved 2012)...  Standard Specification for Spill Valves
                                for Use in Marine Tank Liquid
                                Overpressure Protections Applications.
F1273-91 (Reapproved 2007)...  Standard Specification for Tank Vent
                                Flame Arresters.
F1546/F1546M-96 (Reapproved    Standard Specification for Fire Hose
 2012).                         Nozzles.
------------------------------------------------------------------------

M. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have concluded
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule is categorically excluded under section 2.B.2,
figure 2-1, paragraph (34)(a) of the Instruction. This rule falls under
the category of editorial or procedural regulations since it involves
the adoption of voluntary consensus standards already in effect. An
environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.

List of Subjects

33 CFR Part 126

    Explosives, Harbors, Hazardous substances, Incorporation by
reference, Reporting and recordkeeping requirements.

33 CFR Part 127

    Fire prevention, Harbors, Hazardous substances, Incorporation by
reference, Natural gas, Reporting and recordkeeping requirements,
Security measures.

33 CFR Part 154

    Alaska, Fire prevention, Hazardous substances, Incorporation by
reference, Oil pollution, Reporting and recordkeeping requirements.

33 CFR Part 155

    Alaska, Hazardous substances, Incorporation by reference, Oil
pollution, Reporting and recordkeeping requirements.

46 CFR Part 32

    Cargo vessels, Fire prevention, Incorporation by reference, Marine
safety, Navigation (water), Occupational safety and health, Reporting
and recordkeeping requirements, Seamen.

46 CFR Part 34

    Cargo vessels, Fire prevention, Incorporation by reference, Marine
safety.

46 CFR Part 39

    Cargo vessels, Fire prevention, Hazardous materials transportation,
Incorporation by reference, Marine safety, Occupational safety and
health, Reporting and recordkeeping requirements.

46 CFR Parts 54 and 56

    Incorporation by reference, Reporting and recordkeeping
requirements, Vessels.

46 CFR Part 76

    Fire prevention, Incorporation by reference, Marine safety,
Passenger vessels.

46 CFR Part 95

    Cargo vessels, Fire prevention, Incorporation by reference, Marine
safety.

46 CFR Part 108

    Fire prevention, Incorporation by reference, Marine safety,
Occupational safety and health, Oil and gas exploration, Vessels.

46 CFR Part 153

    Administrative practice and procedure, Cargo vessels, Hazardous
materials transportation, Incorporation by reference, Marine safety,
Reporting and recordkeeping requirements, Water pollution control.

46 CFR Part 160

    Incorporation by reference, Marine safety, Reporting and
recordkeeping requirements.

46 CFR Part 162

    Fire prevention, Incorporation by reference, Marine safety, Oil
pollution, Reporting and recordkeeping requirements.

46 CFR Part 193

    Fire prevention, Incorporation by reference, Marine safety,
Oceanographic research vessels.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR parts 126, 127, 154, and 155, and 46 CFR parts 32, 34, 39, 54,
56, 76, 95, 108, 153, 160, 162, and 193 as follows:

Title 33

PART 126--HANDLING OF DANGEROUS CARGO AT WATERFRONT FACILITIES

0
1. The authority citation for part 126 continues to read as follows:

    Authority: 33 U.S.C. 1231; 49 CFR 1.46.

0
2. In Sec.  126.5, in the table in paragraph (b), revise the first two
entries to read as follows:

Sec.  126.5  Incorporation by reference: Where can I get a copy of the
publications mentioned in this part?

* * * * *
    (b) * * *

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

------------------------------------------------------------------------
ASTM International, 100 Barr Harbor Drive, P.O. Box C700,
 West Conshohocken, PA 19428-2959,<PHONE_NUMBER>, http://www.astm.org.
ASTM F1121-87 (Reapproved 2010), Standard Specification for       126.15
 International Shore Connections for Marine Fire
 Applications, (approved March 1, 2010).....................

                              * * * * * * *
------------------------------------------------------------------------

PART 127--WATERFRONT FACILITIES HANDLING LIQUEFIED NATURAL GAS AND
LIQUEFIED HAZARDOUS GAS

0
3. The authority citation for part 127 continues to read as follows:

    Authority:  33 U.S.C. 1231; 46 U.S.C. Chapter 701; Department of
Homeland Security Delegation No. 0170.1.

0
4. In Sec.  127.003, in the table in paragraph (b), revise the entries
for the ``American Society for Testing and Materials (ASTM)'' to read
as follows:

Sec.  127.003  Incorporation by reference.

* * * * *
    (b) * * *

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

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

                              * * * * * * *
------------------------------------------------------------------------
                           ASTM International
------------------------------------------------------------------------
100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA
 19428-2959,<PHONE_NUMBER>, http://www.astm.org.
ASTM F1121-87 (Reapproved 2010), Standard Specification for     127.611;
 International Shore Connections for Marine Fire                127.1511
 Applications, (approved March 1, 2010).....................

                              * * * * * * *
------------------------------------------------------------------------

PART 154--FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK

0
5. The authority citation for part 154 continues to read as follows:

    Authority: 33 U.S.C. 1231, 1321(j)(1)(C), (j)(5), (j)(6), and
(m)(2); sec. 2, E.O. 12777, 56 FR 54757; Department of Homeland
Security Delegation No. 0170.1. Subpart F is also issued under 33
U.S.C. 2735.

0
6. In Sec.  154.106, revise paragraph (d) introductory text and
paragraph (d)(3) to read as follows:

Sec.  154.106  Incorporation by reference: Where can I get a copy of
the publications incorporated by reference in this part?

* * * * *
    (d) ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West
Conshohocken, PA 19428-2959,<PHONE_NUMBER>, http://www.astm.org:
* * * * *
    (3) ASTM F722-82 (Reapproved 2008), Standard Specification for
Welded Joints for Shipboard Piping Systems, (approved November 1,
2008), incorporation by reference approved for Appendix A and Appendix
B.
* * * * *

PART 155--OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION
REGULATIONS FOR VESSELS

0
7. The authority citation for part 155 continues to read as follows:

    Authority: 33 U.S.C. 1231, 1321(j); 46 U.S.C. 3703; E.O. 12777,
56 FR 54757, 3 CFR, 1991 Comp., p. 351; Department of Homeland
Security Delegation No. 0170.1. Sections 155.100 through 155.130,
150.350 through 155.400, 155.430, 155.440, 155.470, 155.1030(j) and
(k), and 155.1065(g) are also issued under 33 U.S.C. 1903(b).
Section 155.490 also issued under section 4110(b) of Pub. L. 101-
380. Sections 155.1110 through 155.1150 also issued under 33 U.S.C.
2735.

0
8. In Sec.  155.140, revise paragraph (c) introductory text and remove
and reserve paragraph (c)(3) to read as follows:

Sec.  155.140  Incorporation by reference.

* * * * *
    (c) ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West
Conshohocken, PA 19428-2959,<PHONE_NUMBER>, http://www.astm.org:
* * * * *
    (3) [Reserved].
* * * * *

Title 46

PART 32--SPECIAL EQUIPMENT, MACHINERY, AND HULL REQUIREMENTS

0
9. The authority citation for part 32 continues to read as follows:

    Authority: 46 U.S.C. 2103, 3306, 3703, 3719; E.O. 12234, 45 FR
58801, 3 CFR, 1980 Comp., p. 277; Department of Homeland Security
Delegation No. 0170.1; Subpart 32.59 also issued under the authority
of Sec. 4109, Pub. L. 101-380, 104 Stat. 515.

0
10. Amend Sec.  32.01-1 by revising paragraph (b) and adding paragraph
(c) to read as follows:

Sec.  32.01-1  Incorporation by reference.

* * * * *
    (b) American Bureau of Shipping (ABS), ABS Plaza, 16855 Northchase
Drive, Houston, TX 77060,<PHONE_NUMBER>, http://www.eagle.org.
    (1) Rules for Building and Classing Steel Vessels, 1989,
incorporation by reference approved for Sec. Sec.  32.15-15; 32.60-10;
32.65-40.
    (2) [Reserved]
    (c) ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West
Conshohocken, PA 19428-2959,<PHONE_NUMBER>, http://www.astm.org.
    (1) ASTM D4986-98, Standard Test Method for Horizontal Burning
Characteristics of Cellular Polymeric Materials, incorporation by
reference approved for Sec.  32.57-10.
    (2) ASTM F1273-91 (Reapproved 2007), Standard Specification for
Tank Vent Flame Arresters (approved December 1, 2007), incorporation by
reference approved for Sec.  32.20-10.

PART 34--FIREFIGHTING EQUIPMENT

0
11. The authority citation for part 34 continues to read as follows:

    Authority: 46 U.S.C. 3306, 3703; E.O. 12234, 45 FR 58801, 3 CFR,
1980 Comp., p. 277; Department of Homeland Security Delegation No.
0170.1.

0
12. In Sec.  34.01-15, revise paragraph (b) introductory text and
paragraph (b)(1) to read as follows:

Sec.  34.01-15  Incorporation by reference.

* * * * *
    (b) ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West
Conshohocken, PA 19428-2959,<PHONE_NUMBER>, http://www.astm.org.
    (1) ASTM F1121-87 (Reapproved 2010), Standard Specification for
International Shore Connections for Marine Fire Applications, (approved
March 1, 2010), incorporation by reference approved for Sec.  34.10-15
(``ASTM F 1121'').
* * * * *

PART 39--VAPOR CONTROL SYSTEMS

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

    Authority: 33 U.S.C. 1231; 46 U.S.C. 3306, 3703, 3715(b); 45 FR
58801, 3 CFR, 1980 Comp., p. 277; Department of Homeland Security
Delegation No. 0170.1.

0
14. In Sec.  39.10-5, revise the fifth and sixth entries in the table,
in paragraph (b) to read as follows:

Sec.  39.10-5  Incorporation by reference--TB/ALL.

* * * * *
    (b) * * *

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

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

                              * * * * * * *
ASTM International, 100 Barr Harbor Drive, P.O. Box C700,
 West Conshohocken, PA 19428-2959,<PHONE_NUMBER>, http://www.astm.org.
ASTM F1271-90 (Reapproved 2012), Standard Specification for      39.20-9
 Spill Valves for Use in Marine Tank Liquid Overpressure
 Protections Applications, (approved May 1, 2012)...........

                              * * * * * * *
------------------------------------------------------------------------

PART 54--PRESSURE VESSELS

0
15. The authority citation for part 54 continues to read as follows:

    Authority:  33 U.S.C. 1509; 43 U.S.C. 1333; 46 U.S.C. 3306,
3703; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; Department
of Homeland Security Delegation No. 0170.1.

0
16. In Sec.  54.01-1, revise paragraph (c) introductory text and
paragraph (c)(2) to read as follows:

Sec.  54.01-1  Incorporation by reference.

* * * * *
    (c) ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West
Conshohocken, PA 19428-2959,<PHONE_NUMBER>, http://www.astm.org:
* * * * *
    (2) ASTM A 203/A 203M-97 (Reapproved 2007)[egr]1,
Standard

Specification for Pressure Vessel Plates, Alloy Steel, Nickel (``ASTM A
203''), (approved November 1, 2007), incorporation by reference
approved for Sec.  54.05-20;
* * * * *

PART 56--PIPING SYSTEMS AND APPURTENANCES

0
17. The authority citation for part 56 continues to read as follows:

    Authority: 33 U.S.C. 1321(j), 1509; 43 U.S.C. 1333; 46 U.S.C.
3306, 3703; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; E.O.
12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; Department of
Homeland Security Delegation No. 0170.1.

0
18. Amend Sec.  56.01-2 as follows:
0
a. Redesignate paragraphs (e)(9) through (e)(82) as paragraphs (e)(10)
through (e)(83), respectively;
0
b. Redesignate the second paragraph (e)(8) as paragraph (e)(9); and
0
c. Revise paragraph (e) introductory text, paragraph (e)(6), and newly
redesignated paragraphs (e)(10), (e)(17), (e)(40) through (e)(42),
(e)(69) through (e)(76), and (e)(78) through (e)(80) to read as
follows:

Sec.  56.01-2  Incorporation by reference.

* * * * *
    (e) ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West
Conshohocken, PA 19428-2959,<PHONE_NUMBER>, http://www.astm.org:
* * * * *
    (6) ASTM A134-96 (Reapproved 2012), Standard Specification for
Pipe, Steel, Electric-Fusion (Arc)-Welded (Sizes NPS 16 and Over)
(``ASTM A 134''), (approved March 1, 2012), incorporation by reference
approved for Sec.  56.60-1;
* * * * *
    (10) ASTM A179/A179M-90a (Reapproved 2012), Standard Specification
for Seamless Cold-Drawn Low-Carbon Steel Heat-Exchanger and Condenser
Tubes (``ASTM A 179''), (approved March 1, 2012), incorporation by
reference approved for Sec.  56.60-1;
* * * * *
    (17) ASTM A214/A214M-96 (Reapproved 2012), Standard Specification
for Electric-Resistance-Welded Carbon Steel Heat-Exchanger and
Condenser Tubes (``ASTM A 214''), (approved March 1, 2012),
incorporation by reference approved for Sec.  56.60-1;
* * * * *
    (40) ASTM A 536-84 (Reapproved 2009), Standard Specification for
Ductile Iron Castings (``ASTM A 536''), (approved May 1, 2009),
incorporation by reference approved for Sec.  56.60-1;
    (41) ASTM A 575-96 (Reapproved 2007), Standard Specification for
Steel Bars, Carbon, Merchant Quality, M-Grades (``ASTM A 575''),
(approved September 1, 2005), incorporation by reference approved for
Sec.  56.60-2;
    (42) ASTM A576-90b (Reapproved 2012), Standard Specification for
Steel Bars, Carbon, Hot-Wrought, Special Quality (``ASTM A576''),
(approved March 1, 2012), incorporation by reference approved for Sec.
56.60-2;
* * * * *
    (69) ASTM F682-82a (Reapproved 2008), Standard Specification for
Wrought Carbon Steel Sleeve-Type Pipe Couplings (``ASTM F 682''),
(approved November 1, 2008), incorporation by reference approved for
Sec.  56.60-1;
    (70) ASTM F1006-86 (Reapproved 2008), Standard Specification for
Entrainment Separators for Use in Marine Piping Applications (``ASTM F
1006''), (approved November 1, 2008), incorporation by reference
approved for Sec.  56.60-1;
    (71) ASTM F1007-86 (Reapproved 2007), Standard Specification for
Pipeline Expansion Joints of the Packed Slip Type for Marine
Application (``ASTM F 1007''), (approved December 1, 2007),
incorporation by reference approved for Sec.  56.60-1;
    (72) ASTM F1020-86 (Reapproved 2011), Standard Specification for
Line-Blind Valves for Marine Applications (``ASTM F 1020''), (approved
April 1, 2011), incorporation by reference approved for Sec.  56.60-1;
    (73) ASTM F1120-87 (Reapproved 2010), Standard Specification for
Circular Metallic Bellows Type Expansion Joints for Piping Applications
(``ASTM F 1120''), (approved May 1, 2010), incorporation by reference
approved for Sec.  56.60-1;
    (74) ASTM F1123-87 (Reapproved 2010), Standard Specification for
Non-Metallic Expansion Joints (``ASTM F 1123''), (approved March 1,
2010), incorporation by reference approved for Sec.  56.60-1;
    (75) ASTM F1139-88 (Reapproved 2010), Standard Specification for
Steam Traps and Drains (``ASTM F 1139''), (approved March 1, 2010),
incorporation by reference approved for Sec.  56.60-1;
    (76) ASTM F1172-88 (Reapproved 2010), Standard Specification for
Fuel Oil Meters of the Volumetric Positive Displacement Type (``ASTM F
1172''), (approved March 1, 2010), incorporation by reference approved
for Sec.  56.60-1;
* * * * *
    (78) ASTM F1199-88 (Reapproved 2010), Standard Specification for
Cast (All Temperatures and Pressures) and Welded Pipe Line Strainers
(150 psig and 150[emsp14][deg]F Maximum) (``ASTM F 1199''), (approved
March 1, 2010), incorporation by reference approved for Sec.  56.60-1;
    (79) ASTM F1200-88 (Reapproved 2010), Standard Specification for
Fabricated (Welded) Pipe Line Strainers (Above 150 psig and
150[emsp14][deg]F) (``ASTM F 1200''), (approved March 1, 2010),
incorporation by reference approved for Sec.  56.60-1;
    (80) ASTM F1201-88 (Reapproved 2010), Standard Specification for
Fluid Conditioner Fittings in Piping Applications above 0[emsp14][deg]F
(``ASTM F 1201''), (approved May 1, 2010), incorporation by reference
approved for Sec.  56.60-1;
* * * * *

PART 76--FIRE PROTECTION EQUIPMENT

0
19. The authority citation for part 76 continues to read as follows:

    Authority: 46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980
Comp., p. 277; Department of Homeland Security Delegation No.
0170.1.

0
20. In Sec.  76.01-2, revise paragraphs (b), (c), and (d) to read as
follows:

Sec.  76.01-2  Incorporation by reference.

* * * * *
    (b) ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West
Conshohocken, PA 19428-2959,<PHONE_NUMBER>, http://www.astm.org.
    (1) ASTM F1121-87 (Reapproved 2010), Standard Specification for
International Shore Connections for Marine Fire Applications (``ASTM F
1121''), (approved March 1, 2010), incorporation by reference approved
for Sec.  76.10-10.
    (2) [Reserved]
    (c) National Fire Protection Association (NFPA), 1 Batterymarch
Park, Quincy, MA 02169-7471,<PHONE_NUMBER>, http://nfpa.org.
    (1) NFPA 13-1996, Standard for the Installation of Sprinkler
Systems (``NFPA 13''), incorporation by reference approved for
Sec. Sec.  76.25-1; 76.25-90.
    (2) [Reserved]
    (d) Underwriters Laboratories Inc. (UL), 12 Laboratory Drive,
Research Triangle Park, NC 27709-3995,<PHONE_NUMBER>, http://www.ul.com.
    (1) UL 19 Standard for Safety, Lined Fire Hose and Hose Assemblies
(``UL 19'') (2001), incorporation by reference approved for Sec.
76.10-10.
    (2) [Reserved]

PART 95--FIRE PROTECTION EQUIPMENT

0
21. The authority citation for part 95 continues to read as follows:

    Authority: 46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980
Comp., p. 277;

Department of Homeland Security Delegation No. 0170.1.
0
22. In Sec.  95.01-2, revise paragraph (b) introductory text and
paragraph (b)(1) to read as follows:

Sec.  95.01-2  Incorporation by reference.

* * * * *
    (b) ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West
Conshohocken, PA 19428-2959,<PHONE_NUMBER>, http://www.astm.org.
    (1) ASTM F1121-87 (Reapproved 2010), Standard Specification for
International Shore Connections for Marine Fire Applications, (approved
March 1, 2010), incorporation by reference approved for Sec.  95.10-10.
* * * * *

PART 108--DESIGN AND EQUIPMENT

0
23. The authority citation for part 108 continues to read as follows:

    Authority: 43 U.S.C. 1333; 46 U.S.C. 3102, 3306; Department of
Homeland Security Delegation No. 0170.1.

    24. In Sec.  108.101, in the table in paragraph (b), revise the
first, second, and fifth entry to read as follows:

Sec.  108.101  Incorporation by reference.

* * * * *
    (b) * * *

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

------------------------------------------------------------------------
                           ASTM International
------------------------------------------------------------------------
100 Barr Harbor Drive, P.O. Box C700, West Conshohocken,
 PA 19428-2959,<PHONE_NUMBER>, http://www.astm.org.

                              * * * * * * *
ASTM F1121-87 (Reapproved 2010), Standard Specification          108.427
 for International Shore Connections for Marine Fire
 Applications, (approved March 1, 2010).................

                              * * * * * * *
------------------------------------------------------------------------

PART 153--SHIPS CARRYING BULK LIQUID, LIQUEFIED GAS, OR COMPRESSED
GAS HAZARDOUS MATERIALS

0
25. The authority citation for part 153 continues to read as follows:

    Authority: 46 U.S.C. 3703; Department of Homeland Security
Delegation No. 0170.1. Section 153.40 issued under 49 U.S.C. 5103.
Sections 153.470 through 153.491, 153.1100 through 153.1132, and
153.1600 through 153.1608 also issued under 33 U.S.C. 1903 (b).

0
26. Amend Sec.  153.4 by revising paragraph (b) and adding paragraph
(c) as follows:
    (b) American National Standards Institute (ANSI), 25 West 43rd
Street, 4th Floor, New York, NY 10036, http://www.ansi.org.
    (1) ANSI B16.5, Pipe Flanges and Flanged Fittings, 1988,
incorporation by reference approved for Sec.  153.940.
    (2) ANSI B16.24, Bronze Pipe Flanges and Flanged Fittings, 1979,
incorporation by reference approved for Sec.  153.940.
    (3) ANSI B16.31, Non-Ferrous Flanges, 1971, incorporation by
reference approved for Sec.  153.940.
    (c) American Society for Testing and Materials (ASTM), 100 Barr
Harbor Drive, West Conshohocken, PA 19428-2959,<PHONE_NUMBER>, http://www.astm.org.
    (1) ASTM F 1122-87 (1992), Standard Specification for Quick
Disconnect Couplings, incorporation by reference approved for Sec.
153.940.
    (2) ASTM F1271-90 (Reapproved 2012), Standard Specification for
Spill Valves for Use in Marine Tank Liquid Overpressure Protections
Applications (approved May 1, 2012), incorporation by reference
approved for Sec.  153.365.

PART 160--LIFESAVING EQUIPMENT

0
27. The authority citation for part 160 continues to read as follows:

    Authority: 46 U.S.C. 2103, 3306, 3703 and 4302; E.O. 12234, 45
FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.

0
28. Revise Sec.  160.077-5 to read as follows:

Sec.  160.077-5  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register in accordance
with 5 U.S.C. 552(a). To enforce any edition other than that specified
in paragraph (b) of this section, the Coast Guard must publish a notice
of change in the Federal Register and make the material available to
the public. All approved material is on file at the U.S. Coast Guard,
Office of Design and Engineering Standards (CG-ENG), 2100 2nd Street
SW., Stop 7126, Washington, DC 20593-7126 or 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. All material is available from the sources listed
below.
    (b) ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West
Conshohocken, PA 19428-2959,<PHONE_NUMBER>, http://www.astm.org.
    (1) ASTM B 117-97, Standard Practice for Operating Salt Spray (Fog)
Apparatus, into Sec.  160.077-11.
    (2) ASTM D 751-95, Standard Test Methods for Coated Fabrics,
incorporation by reference approved for Sec.  160.077-19.
    (3) ASTM D1434-82 (Reapproved 2009) [egr]1, Standard
Test Method for Determining Gas Permeability Characteristics of Plastic
Film and Sheeting (approved May 1, 2009), incorporation by reference
approved for Sec.  160.077-19.
    (c) DLA Document Services, 700 Robbins Avenue, Building 4/D,
Philadelphia, PA 19111-5094,<PHONE_NUMBER>, http://assistdocs.com.
    (1) In Federal Test Method Standard No. 191 the following test
methods:
    (i) Method 5100, Strength and Elongation, Breaking of Woven Cloth;
Grab Method.
    (ii) Method 5132, Strength of Cloth, Tearing; Falling-Pendulum
Method.
    (iii) Method 5134, Strength of Cloth, Tearing; Tongue Method.
    (iv) Method 5804.1, Weathering Resistance of Cloth; Accelerated
Weathering Method.
    (v) Method 5762, Mildew Resistance of Textile Materials; Soil
Burial Method.
    (2) Federal Standard No. 751, Stitches, Seams, and Stitching.
    (3) MIL-L-24611(SH), Life Preserver Support Package for Life
Preserver, MK 4.
    (d) National Institute of Standards and Technology (NIST) (formerly
National Bureau of Standards), 100 Bureau Drive, Stop 1070,
Gaithersburg, MD 20899-1070,<PHONE_NUMBER>, http://www.nist.gov.
    (1) ``The Universal Color Language'' and ``The Color Names
Dictionary'' in Color: Universal Language and Dictionary of Names,
National Institute of Standards Special Publication 440.
    (2) [Reserved.]
    (e) Underwriters Laboratories Inc. (UL), 12 Laboratory Drive,
Research Triangle Park, NC 27709-3995,<PHONE_NUMBER>, http://www.ul.com.

    (1) UL 1191, Components for Personal Flotation Devices.
    (2) UL 1517, Standard for Hybrid Personal Flotation Devices
(November 12, 1984), incorporation by reference approved for 46 CFR
160.077-5(e)(2); 160.077-11(a)(5)(ii) and(g)(1); 160.077-15(b)(12);
160.077-17(b)(9); 160.077-19(a)(5) and (b)(1) through (18); 160.077-
21(c)(1) through (5); 160.077-23(h)(4) through (7); 160.077-27(e)(1)
and (4); and 160.077-29(c)(5), (7), and (9), and (d)(1) and (5).

0
29. Revise Sec.  160.176-4 to read as follows:

Sec.  160.176-4  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register in accordance
with 5 U.S.C. 552(a). To enforce any edition other than that specified
in paragraph (b) of this section, the Coast Guard must publish a notice
of change in the Federal Register and make the material available to
the public. All approved material is on file at the U.S. Coast Guard,
Office of Design and Engineering Standards (CG-ENG), 2100 2nd Street
SW., Stop 7126, Washington, DC 20593-7126 or 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. All material is available from the sources listed
below.
    (b) ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West
Conshohocken, PA 19428-2959,<PHONE_NUMBER>, http://www.astm.org.
    (1) ASTM B 117-97, Standard Practice for Operating Salt Spray (Fog)
Apparatus, incorporation by reference approved for Sec. Sec.  160.176-
8; 160.176-13.
    (2) ASTM D 751-95, Standard Test Methods for Coated Fabrics,
incorporation by reference approved for Sec.  160.176-13.
    (3) ASTM D 975-98, Standard Specification for Diesel Fuel Oils,
incorporation by reference approved for Sec.  160.176-13.
    (4) ASTM D1434-82 (Reapproved 2009)[egr]1, Standard Test
Method for Determining Gas Permeability Characteristics of Plastic Film
and Sheeting--(approved May 1, 2009), incorporation by reference
approved for Sec.  160.176-13.
    (c) Federal Aviation Administration, Aircraft Certification
Service, 800 Independence Avenue SW., Washington, DC 20591, 202-385-
6346, http://www.faa.gov/aircraft/air_cert/design approvals/tso.
    (1) TSO-C13d, Federal Aviation Administration Standard for Life
Preservers, January 3, 1983, incorporation by reference approved for
Sec.  160.176-8.
    (2) [Reserved]
    (d) DLA Document Services, 700 Robbins Avenue, Building 4/D,
Philadelphia, PA 19111-5094,<PHONE_NUMBER>, http://www.asistdocs.com.
    (1) In Federal Test Method Standard No. 191A (dated July 20, 1978)
the following methods:
    (i) Method 5100, Strength and Elongation, Breaking of Woven Cloth;
Grab Method, incorporation by reference approved for Sec.  160.176-13.
    (ii) Method 5132, Strength of Cloth, Tearing; Falling-Pendulum
Method, incorporation by reference approved for Sec.  160.176-13.
    (iii) Method 5134, Strength of Cloth, Tearing; Tongue Method,
incorporation by reference approved for Sec.  160.176-13.
    (iv) Method 5804.1, Weathering Resistance of Cloth; Accelerated
Weathering Method, incorporation by reference approved for Sec.
160.176-8.
    (v) Method 5762, Mildew Resistance of Textile Materials; Soil
Burial Method, incorporation by reference approved for Sec.  160.176-8.
    (2) Federal Standard No. 751a, Stitches, Seams, and Stitching,
January 25, 1965, incorporation by reference
    (3) MIL-L-24611--Life Preserver Support Package For Life Preserver,
MK 4, dated May 18, 1982, incorporation by reference approved for Sec.
160.176-8.
    (e) National Institute of Standards and Technology (NIST) (formerly
National Bureau of Standards), c/o Superintendent of Documents, U.S.
Government Printing Office, Washington, DC 20402,<PHONE_NUMBER>, http://www.gpo.gov.
    (1) Special Pub. 440, Color: Universal Language and Dictionary of
Names; ``The Universal Color Language'' and ``The Color Names
Dictionary'', 1976, incorporation by reference approved for Sec.
160.176-9.
    (2) [Reserved]
    (f) Underwriters Laboratories Inc. (UL), 12 Laboratory Drive,
Research Triangle Park, NC 27709-3995,<PHONE_NUMBER>, http://www.ul.com.
    (1) UL 1191, ``Components for Personal Flotation Devices'',
November 11, 1984, incorporation by reference approved for Sec. Sec.
160.176-8; 160.176-13.
    (2) [Reserved]

PART 162--ENGINEERING EQUIPMENT

0
30. The authority citation for part 162 continues to read as follows:

    Authority: 33 U.S.C. 1321(j), 1903; 46 U.S.C. 3306, 3703, 4104,
4302; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; E.O.
12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; Department of
Homeland Security Delegation No. 0170.1.

0
31. In Sec.  162.027-1, revise paragraph (b) to read as follows:

Sec.  162.027-1  Incorporation by reference.

* * * * *
    (b) ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West
Conshohocken, PA 19428-2959,<PHONE_NUMBER>, http://www.astm.org.
    (1) ASTM F1546/F1546 M-96 (Reapproved 2012), Standard Specification
for Fire Hose Nozzles (ASTM F 1546) (approved May 1, 2012),
incorporation by reference approved for Sec. Sec.  162.027-2; 162.027-
3.
    (2) [Reserved]

PART 193--FIRE PROTECTION EQUIPMENT

0
32. The authority citation for part 193 continues to read as follows:

    Authority: 46 U.S.C. 2213, 3102, 3306; E.O. 12234, 45 FR 58801,
3 CFR, 1980 Comp., p. 277; Department of Homeland Security
Delegation No. 0170.1.

0
33. In Sec.  193.01-3, revise paragraph (b) introductory text and
paragraph (b)(1) to read as follows:

Sec.  193.01-3  Incorporation by reference.

* * * * *
    (b) ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West
Conshohocken, PA 19428-2959,<PHONE_NUMBER>, http://www.astm.org.
    (1) ASTM F1121-87 (Reapproved 2010), Standard Specification for
International Shore Connections for Marine Fire Applications, (approved
March 1, 2010), incorporation by reference approved for Sec.  193.10-
10.
* * * * *

    Dated: February 11, 2013.
Kathryn A. Sinniger,
Chief, Office of Regulations and Administrative Law U.S. Coast Guard.
[FR Doc. 2013-03724 Filed 2-26-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 84, Number 186 (Wednesday, September 25, 2019)]
[Rules and Regulations]
[Pages 50305-50307]
[FR Doc No: 2019-20313]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2018-0811; FRL-9999-03-Region 6]

Air Plan Approval; Texas; Control of Air Pollution From Motor
Vehicles

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is approving revisions to the
Texas State Implementation Plan (SIP) submitted by the Texas Commission
on Environmental Quality (TCEQ or State). The revisions remove rules
from the Texas SIP that address the Low Income Repair Assistance
Program (LIRAP) for certain participating counties.

DATES: This final rule is effective on October 25, 2019.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R06-OAR-2018-0811. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through https://www.regulations.gov or
in hard copy at the EPA Region 6 Office, 1201 Elm Street, Suite 500,
Dallas, Texas 75270.

FOR FURTHER INFORMATION CONTACT: Carrie Paige, EPA Region 6 Office,
Infrastructure and Ozone Section, 1201 Elm Street, Suite 500, Dallas,
TX 75270,<PHONE_NUMBER><EMAIL_ADDRESS>To inspect the hard copy
materials, please schedule an appointment with Ms. Paige or Mr. Bill
Deese at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.

I. Background

    The background for this action is discussed in detail in our June
6, 2019 direct final rule and proposal (see 84 FR 26349 and 84 FR
26379, respectively). In the direct final rule, we approved the State's
submittal to remove from the Texas SIP rules that address motor vehicle
anti-tampering requirements and the LIRAP for participating Early
Action Compact (EAC) counties.
    The direct final rule and proposal stated that if any relevant
adverse comments were received by the end of the public comment period
on July 8, 2019, the direct final rule would be withdrawn, and we would
respond to the comments in a subsequent final action. Relevant adverse
comments pertaining to the removal of LIRAP for participating EAC
counties from the SIP were received during the comment period and the
direct final rule was partially withdrawn on August 13, 2019 (84 FR
39976). The partial withdrawal only withdrew the portions of the direct
final rule that addressed the removal of LIRAP for participating EAC
counties from the SIP since we did not receive relevant adverse
comments on the removal of the motor vehicle anti-tampering
requirements from the SIP. Our June 6, 2019 proposal provides the basis
for this final rule.
    We received one comment in support of our direct final rule and one
relevant adverse comment. The comments are posted in the docket for
this action. Our responses to the comments are provided below.

II. Response to Comments

    Comment: The TCEQ expresses support of the EPA's approval of the
SIP revision and corresponding removal of the associated State rules
from the Texas SIP.
    Response: We acknowledge the TCEQ's support of our direct final
rule.
    Comment: We received one relevant adverse comment from an anonymous
source (``Commenter''). Commenter expresses concern that removal of the
LIRAP program from the SIP would result in the State ending the program
entirely. Commenter states that EPA should analyze the removal of this
program based on the ability of motorists to come into compliance with
the Inspection and Maintenance (I/M) program. Commenter states that if
low income assistance programs are cut, motorists who are unable to
afford repairs will defer or forgo repairs, resulting in lower
compliance rates and thus, affecting emission reductions relied upon
for the I/M program. Commenter states that Texas has several ozone
nonattainment areas and therefore, EPA should run various Motor Vehicle
Emission Simulator (MOVES) model scenarios to analyze whether removal
of a low-income assistance program will affect compliance rates with
the I/M program.
    Response: EPA appreciates the Commenter's concerns. As mentioned in

our direct final rule at 84 FR 26349, the Texas SIP rules at 30 TAC
114, Section 114.86 apply only to the LIRAP for EAC \1\ Counties (EAC
LIRAP) who chose to voluntarily participate in the program.\2\ The EAC
counties were not required by the CAA nor federal regulations to
implement an I/M program, but as participants in the EAC, Travis and
Williamson Counties chose to implement an I/M program distinct from the
State's SIP-approved I/M program in Chapter 114, Subchapter B
applicable to nonattainment areas (see 70 FR 45542, August 8, 2005).
The I/M program rules remain in the SIP. The LIRAP program assists low
income vehicle owners in paying for repairs if their vehicle fails the
I/M test. A person, however, must meet the I/M requirements for repair
regardless of whether they receive funding assistance. Furthermore,
motor vehicle operators cannot operate, or allow the operation of, a
motor vehicle registered in an EAC county that does not comply with the
requirements listed in Section 114.82(a).\3\ Under these requirements,
vehicles are required to undergo an annual vehicle safety inspection in
order to be registered, and must comply with the applicable vehicle
emissions I/M requirements in order to pass the inspection. The above
requirements apply regardless of whether the vehicle operator is
eligible for financial assistance under the EAC LIRAP. As such, the
removal of the EAC LIRAP will not result in an increase in emissions.
Since the LIRAP is not a CAA requirement, and its removal will not
interfere with the area's ability to maintain the NAAQS, we find that
the SIP revision meets the applicable 110(l) requirements. The Austin,
Texas area, which includes Travis and Williamson Counties, is
designated as attainment for all four of the ozone NAAQS and the 2016-
2018 ozone design value for the Austin area continues to meet the 2015
ozone NAAQS.\4\
---------------------------------------------------------------------------

    \1\ The EAC program was developed to allow communities an
opportunity to reduce concentrations of ground level ozone sooner
than required by the CAA. The program was designed for areas that
approached or monitored exceedances of the 1997 8-hour ozone
standard and were in attainment for the 1979 1-hour ozone standard.
Areas that adopted EACs were required, among other criteria, to
attain the 1997 8-hour ozone standard by December 31, 2007. For more
on the EAC, see https://archive.epa.gov/airquality/eac/web/html/basic.html.
    \2\ The counties are free to opt out of the program at any time.
See SIP submittal at pg. 3-1.
    \3\ This provision was approved by EPA and effective September
7, 2005 (see 70 FR 45542, August 8, 2005).
    \4\ See 56 FR 56694, page 56837, November 6, 1991; 69 FR 23858
(pages 23868 and 23938), April 30, 2004; 77 FR 30088, page 30151,
May 21, 2012; and 82 FR 54232, page 54279, November 16, 2017. The
area's compliance with the 8-hour ozone standard is posted at:
https://www.tceq.texas.gov/cgi-bin/compliance/monops/8hr_attainment.pl.
---------------------------------------------------------------------------

    As mentioned in our direct final rule, the Federal I/M rules that
apply to ozone nonattainment areas do not require states to implement a
LIRAP-type program. The LIRAP rules found at 30 TAC 114 Subchapter C,
Division 2 adopted by TCEQ create a voluntary program in the I/M areas
in Texas ozone nonattainment areas, and are not, nor have they ever
been, part of the Texas SIP. To the extent that the comment refers to
the nonattainment LIRAP rules, we note that the nonattainment LIRAP
rules are outside of the scope of this rulemaking. Eligible counties
may choose to voluntarily participate in the Texas LIRAP.
    EPA disagrees that we should analyze whether removal of a low-
income assistance program for two counties in the EAC program will
affect compliance rates with the I/M program because motor vehicle
operators must comply with I/M program requirements for repairs whether
they receive financial assistance from LIRAP or not.

III. Final Action

    Pursuant to the CAA, the EPA is approving a revision to the Texas
SIP submitted by the TCEQ on November 20, 2018. The revision removes
the LIRAP for Participating EAC Counties at 30 TAC 114, Section 114.86,
from the Texas SIP.

IV. Incorporation by Reference

    In this document, EPA is amending regulatory text that includes
incorporation by reference. As described in the amendments to 40 CFR
part 52 set forth below, EPA is removing provisions from Table (c)
``EPA Approved Regulations in the Texas SIP'' in the Texas State
Implementation Plan (SIP), which is incorporated by reference in
accordance with the requirements of 1 CFR part 51.

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
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);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     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, described in the Unfunded Mandates
Reform Act of 1995 (Public Law 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 a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to 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 the CAA; and
     Does not provide 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).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the

Congress and to the Comptroller General of the United States. EPA will
submit a report containing this action 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 of the
rule 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).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by November 25, 2019. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Ozone, Volatile organic compounds.

    Dated: September 16, 2019.
David Gray,
Acting Regional Administrator, Region 6.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart SS--Texas

Sec.  52.2270   [Amended]

0
2. In Sec.  52.2270, the table in paragraph (c) is amended by removing
the entry for ``Section 114.86'' under ``Chapter 114 (Reg 4)--Control
of Air Pollution from Motor Vehicles.''

[FR Doc. 2019-20313 Filed 9-24-19; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 158 (Wednesday, August 15, 2012)]
[Notices]
[Pages 49048-49049]
[FR Doc No: 2012-19980]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67629; File No. SR-DTC-2012-05]

Self-Regulatory Organizations; The Depository Trust Company;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Enable The Depository Trust Company To Collect and Pass Through Certain
Fees Owed by Participants to Transfer Agents in Connection With the
Deposit and Withdrawal at Custodian System

August 9, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ notice is hereby given that on June 30, 2012, The
Depository Trust Company (``DTC'') filed with the Securities and
Exchange Commission (``Commission'') the proposed rule change as
described in Items I and II below, which Items have been prepared
primarily by DTC. DTC filed the proposal pursuant to Section
19(b)(3)(A)(ii) of the Act,\2\ and Rule 19b-4(f)(2) \3\ thereunder so
that the proposal was effective upon filing with the Commission. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \3\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The purpose of this proposed rule change is to enable DTC to
collect and pass through certain fees owed by participants to transfer
agents in connection with the Deposit and Withdrawal at Custodian
(``DWAC'') system.

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

    In its filing with the Commission, DTC included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. DTC has prepared summaries, set forth in sections (A),
(B) and (C) below, of the most significant aspects of such
statements.\4\
---------------------------------------------------------------------------

    \4\ The Commission has modified the text of the summaries
prepared by DTC.
---------------------------------------------------------------------------

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

    DWAC can be utilized to electronically transfer securities between
Participants and transfer agents, acting as custodians.\5\ DWAC is
designed for utilization by any Participant with respect to certain
issues of securities in DTC's Fast Automated Securities Transfer
program (``FAST''). For securities that are part of the FAST program,
the transfer agents hold the securities registered in the name of DTC's
nominee, Cede & Co., in the form of balance certificates. As additional
securities are deposited or withdrawn from DTC, the transfer agents
adjust the denomination of the certificate as appropriate, and
electronically confirm these changes with DTC. Transfer agents charge
Participants a fee for the processing of a DWAC request. Participants
must submit a check in the amount of the DWAC fee upon presentation of
the transfer instructions, or the transfer agent invoices the
Participant.
---------------------------------------------------------------------------

    \5\ For more information about the DWAC service, see Securities
Exchange Act Release No. 29952 (November 18, 1991) 56 FR 59307
(November 25, 1991) (SR-DTC-91-16) (order granting approval of the
DWAC service).
---------------------------------------------------------------------------

    In order to facilitate a more efficient DWAC fee collection
process, DTC is proposing to collect and pass through DWAC fees owed by
Participants to transfer agents.\6\ DTC will only collect DWAC fees
from an entity that is a Participant of DTC at the close of business on
the 7th business day of each month that DTC is collecting the fee. The
introduction of this process has been discussed with and endorsed by
the Securities Transfer Association. Furthermore, DTC has discussed
this proposal with several of its Participants and all agree that it
should be implemented as soon as possible. In order to cover costs
incurred in collecting fees associated with DWAC transactions, DTC will
retain a monthly collection charge equal to 1.5% of the DWAC fee
collected on behalf of each transfer agent.\7\ This collection charge
will appear in the DTC Fee Schedule as follows:
---------------------------------------------------------------------------

    \6\ Transfer agents that use DTC's DWAC services are not
required to use this collection service.
    \7\ DTC is charging this 1.5% collection fee to the transfer
agent to cover its cost of administering the program.

----------------------------------------------------------------------------------------------------------------
                   Service                       Current fee      Proposed fee                 Per
----------------------------------------------------------------------------------------------------------------
Collection of transfer agent DWAC fees.......             N/A             1.5%   Per monthly amount collected
                                                                                for each transfer agent.
----------------------------------------------------------------------------------------------------------------

DTC expects to begin collecting DWAC fees in the first quarter of 2013.
DTC will announce the implementation date by Important Notice.

    DTC believes that the proposed rule change is consistent with the
requirements of Section 17A of the Act,\8\ and the rules and
regulations thereunder applicable to it because the proposed fee change
is designed to provide for the equitable allocation of reasonable fees
and charges among the users of DTC's services.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78q-1.
---------------------------------------------------------------------------

(B) Self-Regulatory Organization's Statement on Burden on Competition

    DTC does not believe that the proposed rule change will have any
impact, or impose any burden, on competition.

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

    Written comments relating to the proposed rule change have not yet
been solicited or received. DTC will notify the Commission of any
written comments received by DTC.

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

    The foregoing rule change has become effective upon filing pursuant
to Section 19(b)(3)(A)(ii) \9\ of the Act and Rule 19b-4(f)(2) \10\
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such

action is necessary or appropriate in the public interest, for the
protection of investors, or otherwise in furtherance of the purposes of
the Act.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \10\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml) or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-DTC-2012-05 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-DTC-2012-05. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Section, 100 F Street
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m. Copies of such filings will also be available for
inspection and copying at the principal office of DTC and on DTC's Web
site (http://www.dtcc.com/downloads/legal/rule_filings/2012/dtc/DTC_Rule_Filing_2012_05.pdf).
    All comments received will be posted without change; the Commission
does not edit personal identifying information from submissions. You
should submit only information that you wish to make available
publicly. All submissions should refer to File Number SR-DTC-2012-05
and should be submitted on or before September 5, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-19980 Filed 8-14-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 139 (Friday, July 19, 2013)]
[Notices]
[Pages 43250-43251]
[FR Doc No: 2013-17314]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Filings and Information Services, Washington, DC
20549.

Extension:
    Rule 17a-3(a)(16). SEC File No. 270-452, OMB Control No. 3235-
0508.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. Sec. 3501 et seq.) (``PRA''), the Securities and
Exchange Commission (``Commission'') is

soliciting comments on the collection of information provided for in
Rule 17a-3(a)(16) (17 CFR 240.17a-3(a)(16)) under the Securities
Exchange Act of 1934 (15 U.S.C. 78q et seq.). The Commission plans to
submit this existing collection of information to the Office of
Management and Budget (``OMB'') for extension and approval.
    Rule 17a-3(a)(16) identifies the records required to be made by
broker-dealers that operate internal broker-dealer systems. Those
records are to be used in monitoring compliance with the Commission's
financial responsibility program and antifraud and antimanipulative
rules, as well as other rules and regulations of the Commission and the
self-regulatory organizations. It is estimated that approximately 105
active broker-dealer respondents registered with the Commission incur
an average aggregate burden of 2,835 hours per year (105 respondents
multiplied by 27 burden hours per respondent equals 2,835 total burden
hours) to comply with this rule.\1\
---------------------------------------------------------------------------

    \1\ The average cost per hour is $269. Therefore the total
internal cost of compliance for the respondents is $762,615.
---------------------------------------------------------------------------

    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 shall
have practical utility; (b) the accuracy of the agency's estimate of
the burden of the proposed collection of information; (c) ways to
enhance the quality, utility, and clarity of the information to be
collected; and (d) ways to minimize the burden of the collection of
information on respondents, including through the use of automated
collection techniques or other forms of information technology.
Consideration will be given to comments and suggestions submitted in
writing within 60 days of this publication.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information under the PRA unless it
displays a currently valid OMB control number.
    Please direct your written comments to: Thomas Bayer, Director/
Chief Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 100 F Street NE., Washington, DC 20549, or send an email
to<EMAIL_ADDRESS>
    Dated: July 15, 2013.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-17314 Filed 7-18-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 136 (Monday, July 16, 2018)]
[Notices]
[Pages 32854-32855]
[FR Doc No: 2018-15135]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

[9977-46-OEI]

Cross-Media Electronic Reporting: Authorized Program Revision
Approval, Commonwealth of Massachusetts

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces EPA's approval of the Commonwealth of
Massachusetts' request to revise/modify certain of its EPA-authorized
programs to allow electronic reporting.

DATES: EPA approves the authorized program revision for the
Commonwealth of Massachusetts' National Primary Drinking Water
Regulations Implementation as of August 15, 2018, if no timely request
for a public hearing is received and accepted by the Agency. EPA
approves the other authorized program revisions/modifications as of
July 16, 2018.

FOR FURTHER INFORMATION CONTACT: Devon Martin, U.S. Environmental
Protection Agency, Office of Environmental Information, Mail Stop
2823T, 1200 Pennsylvania Avenue NW, Washington, DC 20460, (202) 566-
2603, [email protected].

SUPPLEMENTARY INFORMATION: On October 13, 2005, the final Cross-Media
Electronic Reporting Rule (CROMERR) was published in the Federal
Register (70 FR 59848) and codified as part 3 of title 40 of the CFR.
CROMERR establishes electronic reporting as an acceptable regulatory
alternative to paper reporting and establishes requirements to assure
that electronic documents are as legally dependable as their paper
counterparts. Subpart D of CROMERR requires that state, tribal or local
government agencies that receive, or wish to begin receiving,
electronic reports under their EPA-authorized programs must apply to
EPA for a revision or modification of those programs and obtain EPA
approval. Subpart D provides standards for such approvals based on
consideration of the electronic document receiving systems that the
state, tribe, or local government will use to implement the electronic
reporting. Additionally, Sec.  3.1000(b) through (e) of 40 CFR part 3,
subpart D provides special procedures for program revisions and
modifications to allow electronic reporting, to be used at the option
of the state, tribe or local government in place of procedures
available under existing program-specific authorization regulations. An
application submitted under the subpart D procedures must show that the
state, tribe or local government has sufficient legal authority to
implement the electronic reporting components of the programs covered
by the application and will use electronic document receiving systems
that meet the applicable subpart D requirements.
    On September 8, 2017, the Massachusetts Department of Environmental
Protection (MassDEP) submitted an application titled ``EEA ePLACE
Platform'' for revisions/modifications to its EPA-approved programs
under title 40 CFR to allow new electronic reporting. EPA reviewed
MassDEP's request to revise/modify its EPA-authorized programs and,
based on this review, EPA determined that the application met the
standards for approval of authorized program revisions/modifications
set out in 40 CFR part 3, subpart D. In accordance with 40 CFR
3.1000(d), this notice of EPA's decision to approve Massachusetts's
request to revise/modify its following EPA-authorized programs to allow
electronic reporting under 40 CFR parts 50-52, 61-63, 65, 70, 141, 144,
146, 240-259, 260-270, 272-279, and 280, is being published in the
Federal Register:

    Part 52--Approval and Promulgation of Implementation Plans;
    Part 61--National Emission Standards for Hazardous Air
Pollutants, Subpart M, Asbestos;
    Part 62--Approval and Promulgation of State Plans for Designated
Facilities and Pollutants;
    Part 63--National Emission Standards for Hazardous Air
Pollutants for Source Categories;
    Part 70--State Operating Permit Programs;
    Part 142--National Primary Drinking Water Regulations
Implementation;
    Part 145--State Underground Injection Control Programs;
    Part 239--Requirements for State Permit Program Determination of
Adequacy;
    Part 271--Requirements for Authorization of State Hazardous:
Waste Program; and
    Part 281--Technical Standards and Corrective Action Requirements
for Owners and Operators of Underground Storage Tanks.

    Specifically, EPA has approved the state's authorized program
revisions for electronic submissions that include a handwritten
signature on a separate paper submission report instead of an
electronic signature.
    MassDEP was notified of EPA's determination to approve its
application with respect to the authorized programs listed above.
    Also, in this notice, EPA is informing interested persons that they
may request a public hearing on EPA's action to approve the
Commonwealth of Massachusetts' request to revise its National Primary
Drinking Water Regulations implementation program under 40 CFR part
142, in accordance with 40 CFR 3.1000(f), to allow for electronic
reporting. Requests for a hearing must be submitted to EPA within 30
days of publication of today's Federal Register notice. Such requests
should include the following information: (1) The name, address and
telephone number of the individual,

organization or other entity requesting a hearing; (2) A brief
statement of the requesting person's interest in EPA's determination, a
brief explanation as to why EPA should hold a hearing, and any other
information that the requesting person wants EPA to consider when
determining whether to grant the request; (3) The signature of the
individual making the request, or, if the request is made on behalf of
an organization or other entity, the signature of a responsible
official of the organization or other entity.
    In the event a hearing is requested and granted, EPA will provide
notice of the hearing in the Federal Register not less than 15 days
prior to the scheduled hearing date. Frivolous or insubstantial
requests for hearing may be denied by EPA. Following such a public
hearing, EPA will review the record of the hearing and issue an order
either affirming today's determination or rescinding such
determination. If no timely request for a hearing is received and
granted, EPA's approval of the Commonwealth of Massachusetts' request
to revise its part 142--National Primary Drinking Water Regulations
Implementation program to allow electronic reporting will become
effective 30 days after today's notice is published, pursuant to
CROMERR section 3.1000(f)(4).

Matthew Leopard,
Director, Office of Information Management.
[FR Doc. 2018-15135 Filed 7-13-18; 8:45 am]
BILLING CODE 6560-50-P