[Federal Register: May 7, 2010 (Volume 75, Number 88)]
[Notices]
[Page 25247-25249]
[DOCID:fr07my10-78]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-New England Region I--EPA-R01-OW-2010-0316; FRL-9147-1]

Massachusetts Marine Sanitation Device Standard--Receipt of
Petition

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice--Receipt of Petition.

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

SUMMARY: Notice is hereby given that a petition has been received from
the Commonwealth of Massachusetts requesting a determination by the
Regional Administrator, U.S. Environmental Protection Agency, that
adequate facilities for the safe and sanitary removal and treatment of
sewage from all vessels are reasonably available for the waters of
Pleasant Bay/Chatham Harbor, MA.

DATES: Comments must be submitted by June 7, 2010.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OW-2010-0316, by one of the following methods: http://
www.regulations.gov, Follow the on-line instructions for submitting
comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
    Mail and hand delivery: U.S. Environmental Protection Agency--New
England Region, Five Post Office Square, Suite 100, OEP06-1, Boston, MA
02109-3912. Deliveries are only accepted during the Regional Office's
normal hours of operation (8 a.m.-5 p.m., Monday through Friday,
excluding legal holidays), and special arrangements should be made for
deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R01-OW-
2010-0316. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://
www.regulations.gov, or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov your e-mail

address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the http://
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copy-righted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the U.S. Environmental
Protection Agency--New England Region, Five Post Office Square, Suite
100, OEP06-01, Boston, MA 02109-3912. Such deliveries are only accepted
during the Regional Office's normal hours of operation, and special
arrangements should be made for deliveries of boxed information. The
Regional Office is open from 8 a.m.-5 p.m., Monday through Friday,
excluding legal holidays. The telephone number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Ann Rodney, U.S. Environmental
Protection Agency--New England Region, Five Post Office Square, Suite
100, OEP06-01, Boston, MA 02109-3912. Telephone:<PHONE_NUMBER>, Fax
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Notice is hereby given that a petition has
been received from the Commonwealth of Massachusetts requesting a
determination by the Regional Administrator, U.S. Environmental
Protection Agency, pursuant to Section 312(f)(3) of Public Law 92-500
as amended by Public Law 95-217 and Public Law 100-4, that adequate
facilities for the safe and sanitary removal and treatment of sewage
from all vessels are reasonably available for Pleasant Bay/Chatham
Harbor, MA.
    The proposed boundary of the Pleasant Bay/Chatham Harbor NDA
includes all of the 17 sub-embayments within the area with the
following water boundaries:

--------------------------------------------------------------------------------------------------------------------------------------------------------
       Waterbody/general area                From latitude                From longitude                To latitude                  To longitude
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bounded on the west by mainland      41[deg]42[min]19.43[sec] N    69[deg]55[min]44.76[sec] W   41[deg]42[min]13.31[sec] N   69[deg]55[min]45.11[sec] W
 Chatham, Harwich, Brewster and
 Orleans; bounded on the east by
 Nauset Beach (North Beach) and
 North Beach Island. A line drawn
 cross the mouth of the North inlet
 across from Minister's Point:
From West of a line across the       41[deg]40[min]41.51[sec] N    69[deg]56[min]3.47[sec] W    41[deg]39[min]56.52[sec] N   69[deg]56[min]30.48[sec] W
 mouth of the South Inlet:
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The boundaries were chosen based on easy line-of-sight locations
and generally represent all navigational waters. The area includes the
municipal waters of Chatham, Harwich, Brewster and Orleans.
    Boating is one of the most popular recreational uses of Pleasant
Bay/Chatham Harbor. There are three private marinas, four boating clubs
and approximately 30 public landings/access points in the proposed
area. Massachusetts has certified that there are three pumpout
facilities within the proposed area available to the boating public. A
list of the facilities, locations, contact information, hours of
operation, and water depth is provided at the end of this petition.
    Massachusetts has provided documentation indicating that the total
vessel population is estimated to be 2,160 in the proposed area. It is
estimated that 124 of the total vessel population may have a Marine
Sanitation Device (MSD) of some type. Over 90 percent of the boats in
the proposed area are 25 feet and under.
    The proposed area is roughly 9,000 acres and is a state designated
Area of Critical Environment Concern (ACEC). The islands of Pochet,
Sampson, Hog, and Little Sipson are held in trust and subject to
conservation restrictions and Strong Island is owned by the town of
Chatham and the Chatham Conservation Foundation. Tern Island is owned
by the Massachusetts Audubon Society. The Nauset Barrier Beach is
within the boundaries of the Cape Cod National Seashore. There are 36
finfish species and an abundance of quahogs, softshell clams, razor
clams and scallops. This area is a popular destination for boaters due
to its natural environmental diversity and would benefit from a No
Discharge Area.

                              Pumpout Facilities Within Proposed No Discharge Area
----------------------------------------------------------------------------------------------------------------
                                           PLEASANT BAY/CHATHAM HARBOR
-----------------------------------------------------------------------------------------------------------------
              Name                    Location        Contact info.          Hours         Mean low water depth
----------------------------------------------------------------------------------------------------------------
Harbormaster...................  Round Cove<PHONE_NUMBER> VHF   On demand........  N/A
                                  Harwich.           60.
Harbormaster...................  Ryder's Cove<PHONE_NUMBER> or    M-F 8 am-5 pm,     3 ft
                                  Chatham.<PHONE_NUMBER> VHF   Sat. 9 am-1 pm.
                                                     66.
Nauset Marine East.............  37 Barley Neck<PHONE_NUMBER> VHF   On demand........  3 ft
                                  Road, East         9.
                                  Orleans.
----------------------------------------------------------------------------------------------------------------

    Dated: April 27, 2010.
H. Curtis Spalding,
Regional Administrator, New England Region.
[FR Doc. 2010-10841 Filed 5-6-10; 8:45 am]
BILLING CODE 6560-50-P


                          2013 Hazardous Waste Report
Amendment to Information Collection Request: Justification for proposed changes
                                March 27, 2012

The U.S. Environmental Protection Agency's (EPA's) Office of Resource Conservation and Recovery (ORCR) must obtain approval from the Office of Management and Budget (OMB) in order to collect information regarding hazardous waste generation and management through the use of the Hazardous Waste Report Instructions and Forms (EPA Form 8700-13 A/B).  In order to obtain OMB approval, ORCR must submit an Information Collection Request (ICR) to OMB.  An ICR provides an overview of the information collection requirements (e.g., reporting or recordkeeping requirements), and includes an estimate of the time and cost burden placed on respondents (e.g., private sector, State and local governments) and EPA.  The currently approved Hazardous Waste Report ICR covers reporting year 2011.  ORCR is amending the existing ICR in order to reflect the time and cost burden associated with reporting year 2013.

For reporting year 2013, ORCR is making some changes to the Hazardous Waste Report Instructions and Forms in order to ease reporting and improve clarity for filers.  These changes include:

* Revised Language for Some Source Code Descriptions.  ORCR has made editorial changes to the description of some source codes in order to improve clarity for filers.

* Consolidated Management Method Codes.  ORCR has consolidated some management method codes in order to ease reporting.

* Revised Waste Minimization Codes.  ORCR has revised the waste minimization codes in order to assist filers with reporting their waste minimization activities.

The above changes on the management method codes and waste minimization codes were proposed in the Draft 2011 Hazardous Waste Report Instructions and Forms made available for public comment in March 2011 (76 FR 17414; March 29, 2011).  However, in consultation with States and EPA Regions, ORCR decided to delay these proposed changes until the 2013 Hazardous Waste Report in order to provide adequate time for further study and implementation.  The decision to delay implementation of these changes was stated in the ICR supporting statement for the 2011 Hazardous Waste Report, which was submitted for OMB approval last year.

Furthermore, starting with reporting year 2013, ORCR wants to make the Hazardous Waste Report Instructions and Forms readily available to States, EPA Regions (if a State is not authorized to implement the biennial reporting requirement), and filers at the beginning of each reporting year in order to facilitate implementation of any changes to the Hazardous Waste Report forms.  For example, EPA and States can inform report filers of the final changes with adequate time for implementation, e.g., States will have adequate time to plan and provide training to report filers.  In addition, States and report filers will have adequate time to revise their in-house or commercial data system in order to include new or revised Hazardous Waste Report data items.

The following sections provide additional information on the changes to the Hazardous Waste Report Instructions and Forms for reporting year 2013.

Revised Language for Some Source Code Descriptions

ORCR has made editorial changes to the description of some source codes in order to improve clarity for filers.  For example, ORCR is changing Source Code G25 from "hazardous waste management" to "treatment, disposal, or recycling of hazardous waste" in order to better communicate the meaning of this code.  See the proposed changes identified in the "Source Codes" table included in the "Other Reference Information and Code Lists" section of the Draft 2013 Hazardous Waste Report Instructions and Forms included as part of the docket for the Federal Register Notice.

Consolidated Management Method Codes

In March 2011, ORCR published a Federal Register Notice notifying the public that the Draft 2011 Hazardous Waste Report Instructions and Forms was available for comment (76 FR 17414; March 29, 2011).  ORCR also included in the docket a memorandum that provided supporting information on the proposed changes included in the Draft 2011 Hazardous Waste Report.  One of these proposed changes was the consolidation of management method codes.  However, in consultation with States and EPA Regions, ORCR decided to defer consolidation of the management method codes until the 2013 Hazardous Waste Report in order to provide adequate time for implementation of these changes.

In the Draft 2013 Hazardous Waste Report, ORCR has consolidated many of the management method codes associated with "destruction or treatment prior to disposal at another site" in order to ease reporting.  For example, previous codes H071 (chemical reduction), H073 (cyanide destruction), H075 (chemical oxidation), H076 (wet air oxidation) and H077 (other chemical precipitation) have all been consolidated under the new management method code H070 (chemical treatment).  In order to assist filers with the transition, the management method codes for reporting year 2013 have been mapped to the management method codes used for previous reporting years.  See the proposed changes identified in the "Management Method Codes" table included in the "Other Reference Information and Code Lists" section of the Draft 2013 Hazardous Waste Report Instructions and Forms included as part of the docket for the Federal Register Notice.

Revised Waste Minimization Codes

ORCR has revised the waste minimization codes in order to assist filers with reporting their waste minimization efforts.  The new waste minimization codes identify when waste minimization efforts occurred (whether initiated prior to the reporting year or during the reporting year) and whether waste minimization efforts were undertaken.  In addition, the new waste minimization codes include examples of types of waste minimization activities.  ORCR anticipates that we will be able to collect basic waste minimization information through the use of the revised waste minimization codes, which meet the regulatory requirements at 40 CFR 261.41(a) and 262.27.  The proposed waste minimization codes also meet basic targeting analysis needs, and can be used as a starting point for further studies and project planning on waste minimization and pollution prevention to be performed by EPA's or States' individual programs.

The remainder of this section provides information on the need for and the use of the waste minimization data, as well as on the development of the revised list of waste minimization codes included in the Draft 2013 Hazardous Waste Report.  It also addresses the public comments received in response to the Federal Register Notice published in March 2011.

Background

In the Resource Conservation and Recovery Act (RCRA), as amended, Congress established the following national policy, making waste minimization the nation's preferred hazardous waste management practice:  "...the generation of hazardous waste is to be reduced or eliminated as expeditiously as possible.  Waste that is nevertheless generated should be treated, stored, or disposed of so as to minimize the present and future threat to human health and the environment."  (RCRA Section 1003(b))

In response to Congress' national policy on waste minimization, EPA has promulgated regulations that require generators of hazardous waste to comply with waste minimization requirements.  For example, generators are required to have a program in place to reduce the volume and toxicity of waste generated to the degree they have determined to be economically practicable (40 CFR 262.27).  In addition, under 40 CFR 262.41(a), which contains the requirements for the Hazardous Waste Report, generators must provide to the regulatory authority a description of the efforts undertaken during the year to reduce the volume and toxicity of waste generated.

To ensure that generators are complying with RCRA and its implementing regulations pertaining to waste minimization, EPA needs to collect information on waste minimization efforts.  There are two ways in which EPA may obtain information on waste minimization efforts:  (1) limited surveys of selected demographics and (2) the Hazardous Waste Report.  Given that the Hazardous Waste Report process is already in place and, under RCRA, EPA has the authority and obligation to collect information on waste minimization activities, the Hazardous Waste Report is the most cost-effective mechanism to obtain the information needed in order to monitor and evaluate the extent to which hazardous waste is being reduced or eliminated.  Information on waste minimization is not available from any source other than hazardous waste generators.  EPA's ORCR is the only office within the Agency requiring the reporting and recordkeeping of this information.  No other Federal agency or department collects information on waste minimization efforts.

EPA may use information on waste minimization at the national level, among other things, to:

* Support and evaluate program initiatives.  Information on waste minimization may assist EPA in determining whether the Agency's program initiatives are promoting or preventing waste minimization.

* Target outreach efforts for waste minimization.  Analysis of information on waste minimization may allow EPA to identify new or existing facilities with the same characteristics as those facilities already conducting waste minimization activities.  A similar type of analysis also may be conducted at the industry and/or waste stream level.

* Provide information to the public and other EPA stakeholders.  Information on waste minimization may allow EPA to evaluate trend analyses and share with the public and other EPA stakeholders changes in waste minimization activity over time.

* Meet regulatory mandates and plan/develop regulations.  Regulatory development always involves conducting an economic impact analysis.  As part of this analysis, EPA needs to establish a reliable baseline and estimate changes in facility behavior as a result of different regulatory options.  Waste minimization is often a component that is included, or should be included, in this analysis.

* Support initiatives of other EPA offices.  Information on waste minimization may be used to support initiatives of other EPA offices, including EPA Regional Offices, EPA's Office of Enforcement and Compliance Assistance (OECA), and EPA's Office of Pollution Prevention and Toxics (OPPT).

Information on waste minimization also may be used by other stakeholders, including States, industry, and public interest groups.

Waste Minimization Code List Included in 2009 Hazardous Waste Report

As of reporting year 2009, the Hazardous Waste Report Instructions and Forms require that generators provide information regarding waste minimization efforts undertaken at their facilities.  In order to report this information, filers would select a single code from a list of five (5) waste minimization codes.

Proposed Waste Minimization Code List Included in Draft 2011 Hazardous Waste Report in March 2011

In consultation with States regarding the 2009 waste minimization codes, ORCR developed a revised list of waste minimization codes.  This list consisted of 18 codes, and was included in the Draft 2011 Hazardous Waste Report made available to the public in March 2011 (76 FR 17414, March 29, 2011).  ORCR sought public comment on the proposed changes to the list of waste minimization codes.

ORCR received three public comments (submitted by Illinois, Ohio, and Texas) on the list of waste minimization codes proposed in March 2011 (i.e., the list of codes in the Draft 2011 Hazardous Waste Report).  These three commenters questioned why we need to collect these data, how we are going to use them, and why we need a longer list of waste minimization codes.  These commenters also argued that EPA did not conduct a thorough analysis of the 2009 waste minimization data and had comments regarding our definition of source reduction.

In consultation with States and EPA Regions, ORCR decided to defer changes to the waste minimization code list until the 2013 Hazardous Waste Report in order to have adequate time to consider comments and conduct detailed analyses of the 2009 waste minimization data.

Analysis of Waste Minimization Data reported in the 2009 Hazardous Waste Report

ORCR more thoroughly reviewed its need for the waste minimization data and conducted an analysis of the waste minimization data collected as part of the 2009 Hazardous Waste Report.  Below are some general observations, based on the data presented in the table below:

* Waste Minimization Was Not Attempted or Was Unsuccessful

oo       Of the 13,898 unique facilities in the waste minimization data available for review and analysis, 12,524 facilities (or 90%) reported at least one waste stream for which waste minimization was not attempted or was unsuccessful (i.e., at least one waste stream with Waste Minimization Code N or X).  The majority of these facilities (i.e., 12,141 facilities or 87% of the total number of unique facilities) indicated that no waste minimization efforts were implemented for the waste (i.e., Waste Minimization Code X).

oo       Of the 152,653 waste streams in the waste minimization data available for review and analysis, waste minimization was not attempted or was unsuccessful for 128,421 waste streams (or 84%).  For the majority of these waste streams (i.e., 123,393 waste streams or 81%) no waste minimization efforts were implemented (i.e., were represented by Waste Minimization Code X).

* Waste Minimization Was Attempted and Was Successful

oo       Of the 13,898 unique facilities in the waste minimization data available for review and analysis, 4,531 facilities (or 33%) reported at least one waste stream for which waste minimization was attempted and was successful (i.e., at least one waste stream with Waste Minimization Code Y, R, or S).  The majority of these facilities (i.e., 3,227 facilities or 23% of the total number of unique facilities) indicated that waste minimization was implemented and was successful in reducing quantity and/or toxicity (i.e., Waste Minimization Code Y).

oo       Of the 152,653 waste streams in the waste minimization data available for review and analysis, waste minimization was attempted and was successful for 24,232 waste streams (or 16%).  For the majority of these waste streams (i.e., 18,134 waste streams or 12%) waste minimization was implemented and was successful in reducing quantity and/or toxicity (i.e., were represented by Waste Minimization Code Y).

                    Waste Minimization Code and Description
                                  Facilities
                                 Waste Streams
                                   Generated
                   Waste Quantity
(Provided as a Reference)

                                    Number
                                    Percent
                                   of Total
                                    Number
                                    Percent
                                   of Total
                                     Tons
                                    Percent
                                   of Total
Waste Minimization was not attempted or was unsuccessful
                                       N
Waste minimization efforts were unsuccessful in reducing quantity and/or toxicity
(Please detail reasons in the Comments section)
                                     1,044
                                      8%
                                     5,028
                                      3%
                                   1,620,222
                                      5%
                                       X
No waste minimization efforts were implemented for this waste
                                    12,141
                                      87%
                                    123,393
                                      81%
                                  21,978,891
                                      65%
                                                                       Subtotal
                                  12,524 [a]
                                      90%
                                    128,421
                                      84%
                                  23,599,114
                                      70%
Waste Minimization was attempted and was successful
                                       Y
Waste minimization was implemented and was successful in reducing quantity and/or toxicity
(Please detail reasons in the Comments section)
                                     3,227
                                      23%
                                    18,134
                                      12%
                                   7,758,951
                                      23%
                                       R
Recycling on-site was implemented and was successful
                                      571
                                      4%
                                     1,418
                                      1%
                                   1,966,671
                                      6%
                                       S
Began to ship waste off-site for recycling
                                     1,254
                                      9%
                                     4,680
                                      3%
                                    310,711
                                      1%
                                                                       Subtotal
                                   4,531 [a]
                                      33%
                                    24,232
                                      16%
                                  10,036,333
                                      30%
                                                                          Total
                                  13,898 [a]
                                     100%
                                    152,653
                                     100%
                                  33,635,447
                                     100%
[a]  This is the number of unique facilities.  A facility may report more than one waste minimization code.  Therefore, the number of facilities is not additive.

The analysis of the 2009 waste minimization data included reviewing thousands of comments submitted by facilities.  For example:

   *    Of the 18,134 waste streams represented by Waste Minimization Code Y, 11,420 waste streams (or 63%) have comments on waste minimization activities.

   *    Of the 11,420 waste streams with comments on waste minimization activities, a sample of about 5,200 (or 46%) were reviewed and matched to the waste minimization codes proposed in March 2011 (i.e., codes in the Draft 2011 Hazardous Waste Report).  This sample of 5,200 waste streams covers 47 States.

ORCR reviewed many of the comments on waste minimization activities and examined how well the comments matched with the waste minimization codes proposed in March 2011 (i.e., codes in the Draft 2011 Hazardous Waste Report).  The results were mixed; some waste minimization efforts fit cleanly in the codes and others did not.  Some comments needed more than one of the codes to describe the facility's waste minimization efforts.  Finally, some of the efforts identified by the facilities were not waste minimization efforts at all.

From the analysis of the 2009 waste minimization data, the instructions for reporting waste minimization data lacked description and provided no examples.  Most facilities provided comments to describe their waste minimization efforts, which resulted in a large quantity of qualitative information that was resource-intensive to review and not easy to analyze.  Additionally, there was confusion about whether to report new waste minimization activities undertaken during that reporting year, or report waste minimization activities undertaken during previous years.

Based on the analysis of the 2009 waste minimization data, we developed the revised waste minimization codes list by modifying the original list of codes included in the 2011 Hazardous Waste Report Instructions and Forms (same list included in the 2009 Hazardous Waste Report Instructions and Forms).  The revised waste minimization codes list also streamlines and reorganizes the list of waste minimization codes proposed in March 2011.

Proposed Waste Minimization Code List Included in the ICR Amendment for Draft 2013 Hazardous Waste Report

Based on our analysis of the 2009 waste minimization data and review of comments received on the list of waste minimization codes proposed in March 2011 (i.e., the codes in the Draft 2011 Hazardous Waste Report), ORCR has revised the set of waste minimization codes as follows:

* The revised set of codes streamlines the waste minimization code list first proposed in March 2011.  The revised list of waste minimization codes consists of six (6) codes.  This new set of codes consolidates categories, which makes it easier for facilities to report their efforts, especially for those facilities with waste minimization efforts that would have fit into more than one category in the proposed March 2011 list.  The streamlined codes are organized into three (3) categories and each category has two (2) waste minimization codes; the first category - initiated prior to the reporting year; the second category - initiated during the reporting year, the third category - effort impracticable or no effort.

* The new set of codes builds in examples and descriptions of the waste minimization efforts, which should reduce the frequency in which facilities report waste minimization efforts that are not really waste minimization efforts.

* The new set of codes is less labor intensive to review and helps to differentiate new waste minimization efforts initiated during the reporting year from efforts that were initiated in previous years.

* The requirement to submit comments is optional.  As a result, there will be a reduction in burden for reporting facilities.  In addition, there will be a reduction in burden for EPA and States when performing data quality assurance/quality control activities.

See the proposed changes identified in the Waste Minimization Codes table included in the "Other Reference Information and Code Lists" section of the Draft 2013 Hazardous Waste Report Instructions and Forms included as part of the docket for the Federal Register Notice.

Note, however, that, because the revised list of waste minimization codes consists of a smaller number of codes than the list proposed in March 2011, it does reduce the specificity of the information regarding individual waste minimization efforts.  However, the revised code list should provide enough information for EPA and other stakeholders to target waste minimization efforts at the national level.  It also should allow us to decipher patterns in the data to identify where possible case studies could yield opportunities in waste minimization.


[Federal Register Volume 83, Number 52 (Friday, March 16, 2018)]
[Rules and Regulations]
[Pages 11637-11639]
[FR Doc No: 2018-05238]

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

SECURITIES AND EXCHANGE COMMISSION

17 CFR Parts 232 and 274

[Release Nos. 33-10467; 34-82830; 39-2520; IC-33041]

Adoption of Updated EDGAR Filer Manual

AGENCY: Securities and Exchange Commission.

ACTION: Final rule.

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

SUMMARY: The Securities and Exchange Commission (the ``Commission'') is
adopting revisions to the Electronic Data Gathering, Analysis, and
Retrieval System (``EDGAR'') Filer Manual and related rules. The EDGAR
system is scheduled to be upgraded on March 12, 2018.

DATES: Effective March 16, 2018. The incorporation by reference of the
EDGAR Filer Manual is approved by the Director of the Federal Register
as of March 16, 2018.

FOR FURTHER INFORMATION CONTACT: In the Division of Investment
Management, for questions concerning Form N-PORT and Form N-CEN,
contact Heather Fernandez at<PHONE_NUMBER> and for questions
concerning submission form type 486BXT, contact Shawn Davis at (202)
551-6413. In the Division of Trading and Markets, for questions
concerning Form 13H, contact Richard Holley at<PHONE_NUMBER>. In the
Division of Economic and Risk Analysis, for questions concerning the
updated XBRL taxonomies, contact Brian Hankin at<PHONE_NUMBER>. In the
Office of Strategic Initiatives, for questions concerning Form ID,
contact Christian Windsor at<PHONE_NUMBER> or Mellissa Duru at (202)
551-3757. In the Division of Corporation Finance, for questions
concerning the draft registration statements on form type DRS and DRS/
A, the draft offering statements on form type DOS and DOS/A, and
submission form type SF-1MEF, contact Heather Mackintosh at (202) 551-
8111. In the Office of Municipal Securities, for questions concerning
Form MA-I and Form MA-I/A, contact Ahmed Abonamah at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: We are adopting an updated EDGAR Filer
Manual, Volume I and Volume II, and making corresponding rule and form
amendments. The Filer Manual describes the technical formatting
requirements for the preparation and submission of electronic filings
through the EDGAR system.\1\ It also describes the requirements for
filing using EDGARLink Online and the Online Forms/XML website.
---------------------------------------------------------------------------

    \1\ We originally adopted the Filer Manual on April 1, 1993,
with an effective date of April 26, 1993. Release No. 33-6986 (April
1, 1993) [58 FR 18638]. We implemented the most recent update to the
Filer Manual on December 8, 2017. See Release No. 33-10444 (December
8, 2017) [83 FR 2369].
---------------------------------------------------------------------------

    The revisions to the Filer Manual reflect changes within Volume I,
entitled EDGAR Filer Manual, Volume I: ``General Information,''
(Version 30) (March 2018), and Volume II, entitled EDGAR Filer Manual,
Volume II: ``EDGAR Filing,'' Version 45 (March 2018). The updated
manual will be incorporated by reference into the Code of Federal
Regulations.
    The Filer Manual contains all the technical specifications for
filers to submit filings using the EDGAR system. Filers must comply
with the applicable provisions of the Filer Manual in order to assure
the timely acceptance and processing of filings made in electronic
format.\2\ Filers may consult the Filer Manual in conjunction with our
rules governing mandated electronic filing when preparing documents for
electronic submission.\3\
---------------------------------------------------------------------------

    \2\ See Rule 301 of Regulation S-T (17 CFR 232.301).
    \3\ See Release No. 33-10385 (July 6, 2017) [82 FR 35062]
(implementing revisions to reflect EDGAR Release 17.2. For
additional history of EDGAR Filer Manual revisions, please see the
citations therein).
---------------------------------------------------------------------------

    The EDGAR System and Filer Manual will be updated in Release 18.1
and will reflect the following changes.
    The Form ID entry screen will be revised to allow filers that are
applying for access codes to indicate whether they intend to submit a
draft registration statement or draft offering statement. Clarifying
instructions will be added to Chapter 3 (Becoming an EDGAR Filer) of
the EDGAR Filer Manual, Volume I and a technical conforming amendment
will be made to Form ID.
    EDGAR will be revised to add the submission form type SF-1MEF,
which will allow registrants to register additional securities pursuant
to Rule 462(b) of the Securities Act of 1933 (the ``Securities Act'')
to a prior related effective registration statement filed on Form SF-1.
Corresponding changes have been made to Chapter 3 (Index to Forms),
Chapter 4 (Filing Fee Information) and Appendix C (EDGAR Submission
Types) of the EDGAR Filer Manual, Volume II.
    EDGAR will also be revised to add submission form type 486BXT for
post-effective amendments to Form N-2 filed pursuant to Securities Act
Rule 486(b)(1)(iii) to designate a new effective date for a post-
effective amendment previously filed pursuant to Securities Act Rule
486(a). Corresponding changes have been made to Chapter 3 (Index to
Forms) and Appendices A (Messages Reported by EDGAR) and C (EDGAR
Submission Types) of the EDGAR Filer Manual, Volume II.
    EDGAR will be updated to allow multiple accession numbers and
series IDs in the header of NPORT-EX and NPORT-EX/A submissions. This
will allow the filer to make a single submission for multiple series.
Clarifying changes have been made to Appendix A, (Messages Reported by
EDGAR) and Chapter 7 (Preparing and Transmitting EDGARLink Online
Submissions) of the EDGAR Filer Manual, Volume II.

    In Release No. 33-10332 (March 31, 2017) [82 FR 17545] the
Commission adopted revisions to certain Commission forms to add
checkboxes to the cover pages to the forms to enable registrants to
indicate their status as an Emerging Growth Company, as defined in
Section 6(e) of the Securities Act, and to indicate whether they were
opting out of the extended transition period for complying with any new
or revised financial accounting standards. Updates are being made in
EDGAR Release 18.1 to allow filers submitting draft registration
statements on submission form type DRS and DRS/A to provide similar
indications when submitting those submission form types. Corresponding
changes will be made to Chapter 7 (Preparing and Transmitting EDGARLink
Online Submissions) of the EDGAR Filer Manual, Volume II.
    EDGAR Release 18.1 will revise EDGAR to allow investment company
filers to skip Part C of submission Forms N-CEN and N-CEN/A if all of
their series are terminated. Clarifying changes have been made to
Chapter 8 (Preparing and Transmitting Online Submissions) of the EDGAR
Filer Manual, Volume II.
    EDGAR Release 18.1 will revise EDGAR to allow filers to sort the
dates provided in Items 3 and 4 of submission form types MA-I and MA-I/
A in reverse chronological order. Clarifying changes have been made to
Chapter 8 (Preparing and Transmitting Online Submissions) of the EDGAR
Filer Manual, Volume II.
    Instructions in the EDGAR Filer Manual will be revised to clarify
that filers of Form 13H who are natural persons and who do not have a
Tax Identification Number or TIN, should enter ``00-0000000'' in lieu
of the TIN. Natural person filers should immediately discontinue the
practice of providing their Social Security number in that field.
Corresponding changes will be made to Chapter 8 (Preparing and
Transmitting Online Submissions) of the EDGAR Filer Manual, Volume II.
    In EDGAR Release 18.1, the EDGAR system will be upgraded to support
the 2018 XBRL Taxonomies and updated SEC taxonomies COUNTRY, CURRENCY,
EXCH and NAICS. Please see https://www.sec.gov/info/edgar/edgartaxonomies.shtml for a complete listing of supported standard
taxonomies. Conforming changes have been made to Chapter 5
(Constructing and Transmitting Online Submissions) and Chapter 6
(Interactive Data) of the EDGAR Filer Manual, Volume II.
    EDGAR Release 18.1 will revise the EDGAR system to suspend ABS-EE
and ABS-EE/A submissions (along with Combined 10-D/ABS-EE submissions
and their amendments) if the Reporting Period Begin Date is after the
Reporting Period End Date. Clarifying changes have been added to
Appendix A (Messages Reported By EDGAR) of the EDGAR Filer Manual,
Volume II.
    Along with the adoption of the Filer Manual, we are amending Rule
301 of Regulation S-T to provide for the incorporation by reference
into the Code of Federal Regulations of today's revisions. This
incorporation by reference was approved by the Director of the Federal
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
    The updated EDGAR Filer Manual will be available for website
viewing and printing; the address for the Filer Manual is https://www.sec.gov/info/edgar/edmanuals.htm. You may also obtain paper copies
of the EDGAR Filer Manual from the following address: Public Reference
Room, U.S. Securities and Exchange Commission, 100 F Street NE,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m.
    Since the Filer Manual and the corresponding rule and form
amendments relate solely to agency procedures or practice, publication
for notice and comment is not required under the Administrative
Procedure Act (``APA'').\4\ It follows that the requirements of the
Regulatory Flexibility Act \5\ do not apply.
---------------------------------------------------------------------------

    \4\ 5 U.S.C. 553(b)(A).
    \5\ 5 U.S.C. 601-612.
---------------------------------------------------------------------------

    The effective date for the updated Filer Manual and the related
rule and form amendments is March 16, 2018. In accordance with the
APA,\6\ we find that there is good cause to establish an effective date
less than 30 days after publication of these rules. The Commission
believes that establishing an effective date less than 30 days after
publication of these rules is necessary to coordinate the effectiveness
of the updated Filer Manual and related rule and form amendments with
these system upgrades and to provide updated instructions for filers of
Form 13H in a timely manner.
---------------------------------------------------------------------------

    \6\ 5 U.S.C. 553(d)(3).
---------------------------------------------------------------------------

Statutory Basis

    We are adopting the amendments to Regulation S-T under the
authority in Sections 6, 7, 8, 10, and 19(a) of the Securities Act of
1933,\7\ Sections 3, 12, 13, 14, 15, 15B, 23, and 35A of the Securities
Exchange Act of 1934,\8\ Section 319 of the Trust Indenture Act of
1939,\9\ and Sections 8, 30, 31, and 38 of the Investment Company Act
of 1940.\10\
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 77f, 77g, 77h, 77j, and 77s(a).
    \8\ 15 U.S.C. 78c, 78l, 78m, 78n, 78o, 78o_4, 78w, and 78ll.
    \9\ 15 U.S.C. 77sss.
    \10\ 15 U.S.C. 80a-8, 80a-29, 80a-30, and 80a-37.
---------------------------------------------------------------------------

    We are adopting the technical conforming amendment to Form ID under
the authority in Section 19(a) of the Securities Act,\11\ Sections
3(b), 13(a), 23(a), and 35A of the Exchange Act,\12\ Section 319 of the
Trust Indenture Act of 1939 \13\ and Sections 30 and 38 of the
Investment Company Act of 1940.\14\
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 77s(a).
    \12\ 15 U.S.C. 78c(b), 78m(a), 78w(a), and 78ll.
    \13\ 15 U.S.C. 77sss.
    \14\ 15 U.S.C. 80a-29, and 80a-37.
---------------------------------------------------------------------------

List of Subjects

17 CFR Part 232

    Incorporation by reference, Reporting and recordkeeping
requirements, Securities.

17 CFR Part 274

    Investment companies, Reporting and recordkeeping requirements,
Securities.

Text of the Amendments

    In accordance with the foregoing, title 17, chapter II of the Code
of Federal Regulations is amended as follows:

PART 232--REGULATION S-T--GENERAL RULES AND REGULATIONS FOR
ELECTRONIC FILINGS

0
1. The authority citation for part 232 continues to read in part as
follows:

    Authority: 15 U.S.C. 77c, 77f, 77g, 77h, 77j, 77s(a), 77z-3,
77sss(a), 78c(b), 78l, 78m, 78n, 78o(d), 78w(a), 78ll, 80a-6(c),
80a-8, 80a-29, 80a-30, 80a-37, and 7201 et seq.; and 18 U.S.C. 1350,
unless otherwise noted.
* * * * *

0
2. Section 232.301 is revised to read as follows:

Sec.  232.301  EDGAR Filer Manual.

    Filers must prepare electronic filings in the manner prescribed by
the EDGAR Filer Manual, promulgated by the Commission, which sets forth
the technical formatting requirements for electronic submissions. The
requirements for becoming an EDGAR Filer and updating company data are
set forth in the updated EDGAR Filer Manual, Volume I: ``General
Information,'' Version 30 (March 2018). The requirements for filing on
EDGAR are set forth in the updated EDGAR Filer Manual, Volume II:
``EDGAR Filing,'' Version 45 (March 2018). Additional provisions
applicable to Form N-SAR filers are set forth in the EDGAR Filer
Manual, Volume III: ``N-SAR Supplement,'' Version 6 (January 2017). All
of these provisions have been incorporated by reference into the Code

of Federal Regulations, which action was approved by the Director of
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. You must comply with these requirements in order for documents to
be timely received and accepted. The EDGAR Filer Manual is available
for website viewing and printing; the address for the Filer Manual is
https://www.sec.gov/info/edgar/edmanuals.htm. You can obtain paper
copies of the EDGAR Filer Manual from the following address: Public
Reference Room, U.S. Securities and Exchange Commission, 100 F Street
NE, Washington, DC 20549, on official business days between the hours
of 10:00 a.m. and 3:00 p.m. You can also inspect the document at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call<PHONE_NUMBER>, or go to:
https://www.archives.gov/federal-register/cfr/ibr-locations.html.

PART 274--FORMS PRESCRIBED UNDER THE INVESTMENT COMPANY ACT OF 1940

0
3. The authority citation for part 274 continues to read in part as
follows:

    Authority: 15 U.S.C. 77f, 77g, 77h, 77j, 77s, 78c(b), 78l, 78m,
78n, 78o(d), 80a-8, 80a-24, 80a-26, 80a-29, and Pub. L. 111-203,
sec. 939A, 124 Stat. 1376 (2010), unless otherwise noted.
* * * * *

0
4. Form ID (referenced in Sec. Sec.  239.63, 249.446, 269.7 and 274.402
of this chapter) is amended to add in ``PART I--APPLICATION FOR ACCESS
CODES TO FILE ON EDGAR'' the following text and checkbox ``Access codes
will be used to submit draft registration or draft offering statement.
[square]''

    Note: The text of Form ID does not, and the amendment will not,
appear in the Code of Federal Regulations.

    By the Commission.

    Dated: March 8, 2018.
Brent J. Fields,
Secretary.
[FR Doc. 2018-05238 Filed 3-15-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 114 (Monday, June 15, 2015)]
[Notices]
[Pages 34156-34157]
[FR Doc No: 2015-14657]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-RCRA-2015-0343, FRL-9929-00-OSWER]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Hazardous Remediation Waste Management Requirements
(HWIR Contaminated Media)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency (EPA) is planning to
submit an information collection request (ICR), Hazardous Remediation
Waste Management Requirements (HWIR Contaminated Media) (EPA ICR No.
1775.07, OMB Control No. 2050-161) to the Office of Management and
Budget (OMB) for review and approval in accordance with the Paperwork
Reduction Act (PRA) (44 U.S.C. 3501 et seq.). Before doing so, the EPA
is soliciting public comments on specific aspects of the proposed
information collection as described below. This is a proposed extension
of the ICR, which is currently approved through September 30, 2015. An
Agency may not conduct or sponsor and a person is not required to
respond to a collection of information unless it displays a currently
valid OMB control number.

DATES: Comments must be submitted on or before August 14, 2015.

ADDRESSES: Submit your comments, referencing by Docket ID No. EPA-HQ-
RCRA-2015-0343, online using http://www.regulations.gov (our preferred
method), by email to<EMAIL_ADDRESS>or by mail to: EPA Docket
Center, Environmental Protection Agency, Mail Code 28221T, 1200
Pennsylvania Ave. NW., Washington, DC 20460.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Peggy Vyas, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone
number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
the information the EPA will be collecting are available in the public
docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Pursuant to section 3506(c)(2)(A) of the PRA, the EPA is soliciting
comments and information to enable it to: (i) Evaluate whether the
proposed collection of information is necessary for the proper
performance of the functions of the Agency, including whether the
information will have practical utility; (ii) evaluate the accuracy of
the Agency's estimate of the burden of the proposed collection of
information, including the validity of the methodology and assumptions
used; (iii) enhance the quality, utility, and clarity of the
information to be collected; and (iv) minimize the burden of the
collection of information on those who are to respond, including
through the use of appropriate automated electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses. The
EPA will consider the comments received and amend the ICR as
appropriate. The final ICR package will then be submitted to OMB for
review and approval. At that time, the EPA will issue another Federal
Register notice to announce the submission of the ICR to OMB and the
opportunity to submit additional comments to OMB.
    Abstract: The Resource Conservation and Recovery Act (RCRA)
requires EPA to establish a national regulatory program to ensure that
hazardous wastes are managed in a manner protective of human health and
the environment. Under this program, EPA regulates newly generated
hazardous wastes, as well as hazardous remediation wastes (i.e.,
hazardous wastes managed during cleanup). Hazardous remediation waste
management sites must comply with all parts of 40 CFR part 264 except
subparts B, C, and D. In place of these requirements, they need to
comply with performance standards based on the general requirement
goals in these sections, which are codified at 40 CFR 264.1(j).
    Under Sec.  264.1(j), owners/operators of remediation waste
management sites must develop and maintain procedures to prevent
accidents. These procedures must address proper design, construction,
maintenance, and operation of hazardous remediation waste management
units at the site. In addition, owners/operators must develop and
maintain a contingency and emergency plan to control accidents that
occur. The plan must explain specifically how to treat, store, and
dispose of the hazardous remediation waste in question, and must be
implemented immediately whenever fire, explosion, or release of
hazardous waste or hazardous waste constituents that could threaten
human health or the environment. In addition, the Remedial Action Plan
streamlines the permitting process for remediation waste management
sites to allow cleanups to take place more quickly.
    Form Numbers: None.
    Respondents/affected entities: Entities potentially affected by
this action are business or other for-profit.
    Respondent's obligation to respond: Mandatory (RCRA Sec.  3004(u)).
    Estimated number of respondents: 215.
    Frequency of response: One-time.

    Total estimated burden: 6,953. Burden is defined at 5 CFR
1320.03(b).
    Total estimated cost: $397,460, which includes $371,542 in
annualized labor costs and $25,918 in annualized capital or O&M costs.
    Changes in Estimates: The burden hours are likely to stay
substantially the same.

    Dated: June 4, 2015.
 Barnes Johnson,
Director, Office of Resource Conservation and Recovery.
[FR Doc. 2015-14657 Filed 6-12-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 142 (Tuesday, July 24, 2018)]
[Notices]
[Pages 35052-35053]
[FR Doc No: 2018-15795]

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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2007-28700]

Petition for Waiver of Compliance

    Under part 211 of Title 49 Code of Federal Regulations (CFR), this
provides the public notice that by a letter dated May 31, 2018, Kansas
City Southern Railway Company (KCSR) petitioned the Federal Railroad
Administration (FRA) for a modification of its waiver of compliance
from certain provisions of the Federal railroad safety regulations
contained at 49 CFR part 232. FRA assigned the petition Docket Number
FRA-2007-28700.
    By letter dated December 11, 2017, KCSR received an extension of
its conditional relief (originally granted by FRA on January 18, 2008)
from 49 CFR 232.205, Class I brake test-initial terminal inspection,
and 49 CFR part 215, Freight car safety standards, for freight cars
received in interchange at the U.S./Mexico border crossing in Laredo,
Texas, to permit required inspections to be conducted in Laredo Yard,
approximately 9 miles north of the interchange point. In its present
petition, KCSR requests clarification to perform the Class III air
brake test required by condition #5 of FRA's letter of December 11,
2017, at its Nuevo Laredo or Sanchez Yards, both of which are within 19
miles of its Laredo Yard. KCSR states that they and U.S. Customs and
Border Protection (CBP) have been working collaboratively with Mexican
authorities to solve border security and operational challenges of the
International Bridge complex. KCSR states their experience operating
trains through the complex has demonstrated that when northbound trains
stop on the International Bridge to meet the waiver requirement of
performing a Class III air brake test, they experience a significant
amount of safety risk. KCSR further states having to stop on the
International Bridge to perform the

Class III air brake test actually increases the risk of equipment
damage due to vandalism/theft and increases the risk to the community
due to blocked crossings and heavy pedestrian traffic south of the
border in Nuevo Laredo. The Department of Homeland Security and CBP
have said that trains coming to a complete stop at the International
Border presents the greatest opportunity for theft, contraband and/or
trespassers to gain access to trains entering the United States. KCSR
states its requested clarification to perform the elements of the Class
III air brake test in Nuevo Laredo or Sanchez Yards would mitigate
these public safety concerns.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey
Avenue SE, W12-140, Washington, DC 20590. The Docket Operations
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except
Federal Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested parties
desire an opportunity for oral comment and a public hearing, they
should notify FRA, in writing, before the end of the comment period and
specify the basis for their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Website: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue SE, Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by August 23, 2018 will be considered by
FRA before final action is taken. Comments received after that date
will be considered if practicable.
    Anyone can search the electronic form of any written communications
and comments received into any of our dockets by the name of the
individual submitting the comment (or signing the document, if
submitted on behalf of an association, business, labor union, etc.). In
accordance with 5 U.S.C. 553(c), DOT solicits comments from the public
to better inform its processes. DOT posts these comments, without edit,
including any personal information the commenter provides, to
www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacyNotice for the
privacy notice of regulations.gov.

    Issued in Washington, DC.
Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2018-15795 Filed 7-23-18; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 81, Number 185 (Friday, September 23, 2016)]
[Proposed Rules]
[Pages 65583-65586]
[FR Doc No: 2016-22889]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2016-8833; Airspace Docket No. 16-ACE-8]

Proposed Amendment of Class E Airspace for the Following Iowa
Towns; Algona, IA; Ankeny, IA; Atlantic, IA; Belle Plane, IA; Creston,
IA; Estherville, IA; Grinnell, IA; Guthrie Center, IA; and Oelwein, IA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to modify Class E surface area at Ankeny
Regional Airport, Ankeny, IA; and Class

E airspace extending upward from 700 feet above the surface at Algona
Municipal Airport, Algona, IA; Ankeny Regional Airport; Atlantic
Municipal Airport, Atlantic, IA; Belle Plaine Municipal Airport, Belle
Plaine, IA; Creston Municipal Airport, Creston, IA; Estherville
Municipal Airport, Estherville, IA; Grinnell Regional Airport,
Grinnell, IA; Guthrie County Regional Airport, Guthrie Center, IA; and
Oelwein Municipal Airport, Oelwein, IA. Decommissioning of non-
directional radio beacons (NDB), cancellation of NDB approaches, and
implementation of area navigation (RNAV) procedures have made this
action necessary for the safety and management of Instrument Flight
Rules (IFR) operations at the above airports. Additionally, the
geographic coordinates for Algona Municipal Airport, Atlantic Municipal
Airport, and Grinnell Regional Airport would be adjusted to coincide
with the FAA's aeronautical database. The name of Belle Plaine, IA,
would also be adjusted to correct a misspelling in the legal
description.

DATES: Comments must be received on or before November 7, 2016.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590; telephone
(202) 366-9826, or 1-800-647-5527. You must identify FAA Docket No.
FAA-2016-8833; Airspace Docket No. 16-ACE-8, at the beginning of your
comments. You may also submit comments through the Internet at http://www.regulations.gov. You may review the public docket containing the
proposal, any comments received, and any final disposition in person in
the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through
Friday, except Federal holidays.
    FAA Order 7400.11A, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591; telephone:<PHONE_NUMBER>.
The Order is also available for inspection at the National Archives and
Records Administration (NARA). For information on the availability of
FAA Order 7400.11A at NARA, call<PHONE_NUMBER>, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part, A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would amend Class E surface area at Ankeny Regional Airport,
Ankeny, IA; and Class E airspace extending upward from 700 feet above
the surface at Algona Municipal Airport, Algona, IA; Ankeny Regional
Airport; Atlantic Municipal Airport, Atlantic, IA; Belle Plaine
Municipal Airport, Belle Plaine, IA; Creston Municipal Airport,
Creston, IA; Estherville Municipal Airport, Estherville, IA; Grinnell
Regional Airport, Grinnell, IA; Guthrie County Regional Airport,
Guthrie Center, IA; and Oelwein Municipal Airport, Oelwein, IA.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2016-8833/
Airspace Docket No. 16-ACE-8.'' The postcard will be date/time stamped
and returned to the commenter.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://www.regulations.gov.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Federal Aviation Administration, Air Traffic
Organization, Central Service Center, Operations Support Group, 10101
Hillwood Parkway, Fort Worth, TX 76177.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11A, Airspace
Designations and Reporting Points, dated August 3, 2016, and effective
September 15, 2016. FAA Order 7400.11A is publicly available as listed
in the ADDRESSES section of this document. FAA Order 7400.11A lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) Part 71 by modifying:

    Class E surface area airspace within a 4.2-mile radius (increased
from the 4-mile radius) of Ankeny Regional Airport, Ankeny, IA;
    Class E airspace extending upward from 700 feet above the surface:
    By removing the 10-mile extension northwest of Algona Municipal
Airport, Algona, IA, and updating the geographic coordinates of the
airport to coincide with the FAA's aeronautical database;
    Within a 6.7-mile radius (reduced from the previous 7.1-mile
radius) of Ankeny Regional Airport, Ankeny, IA, and removing the
extensions 9.3 miles northeast and 11.1 miles north of the airport;
    Within a 7.2-mile radius (increased from the 6.8-mile radius) of
Atlantic Municipal Airport, Atlantic, IA, with an

extension to the northeast from the 7.2-mile radius to 9.2 miles, and
updating the geographic coordinates of the airport to coincide with the
FAA's aeronautical database;
    Within a 6.5-mile radius (reduced from the previous 7.5-mile
radius) of Belle Plaine Municipal Airport, Belle Plaine, IA, and
correcting city designation from Belle Plane to Belle Plaine;
    By removing the 11-mile extension south of Creston Municipal
Airport, Creston, IA;
    By removing the 7.4-mile extensions south and northwest of
Estherville Municipal Airport, Estherville, IA;
    Within a 6.5-mile radius (reduced from the previous 7.6-mile
radius) of Grinnell Regional Airport, Grinnell, IA, and updating the
geographical coordinates of the airport to coincide with the FAA's
aeronautical database;
    By adding an extension to the north from the 6.4-mile radius to 9.8
miles of Guthrie County Regional Airport, Guthrie Center, IA;
    And within a 6.4-mile radius (reduced from the previous 7.3-mile
radius) of Oelwein Municipal Airport, Oelwein, IA.
    Airspace reconfiguration is necessary due to the decommissioning of
NDBs, cancellation of NDB approaches, and implementation of RNAV
procedures at the above airports. Controlled airspace is necessary for
the safety and management of the standard instrument approach
procedures for IFR operations at the airports.
    Class E airspace designations are published in paragraph 6002 and
6005 of FAA Order 7400.11A, dated August 3, 2016, and effective
September 15, 2016, which is incorporated by reference in 14 CFR 71.1.
The Class E airspace designations listed in this document will be
published subsequently in the Order.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, would not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11A,
Airspace Designations and Reporting Points, dated August 3, 2016, and
effective September 15, 2016, is amended as follows:

Paragraph 6002 Class E Airspace Designated as Surface Areas.

* * * * *

ACE IA E2 Ankeny, IA [Amended]

Ankeny Regional Airport, IA
    (Lat. 41[deg]41'29'' N., long. 93[deg]33'59'' W.)

    Within a 4.2-mile radius of Ankeny Regional Airport, excluding
that portion within the Des Moines Class C airspace area.
* * * * *

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

ACE IA E5 Algona, IA [Amended]

Algona Municipal Airport, IA
    (Lat. 43[deg]04'41'' N., long. 94[deg]16'19'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.4-mile radius of Algona Municipal Airport.
* * * * *

ACE IA E5 Ankeny, IA [Amended]

Ankeny Regional Airport, IA
    (Lat. 41[deg]41'29'' N., long. 93[deg]33'59'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.7-mile radius of Ankeny Regional Airport, excluding that
portion within the Des Moines Class C airspace area.

ACE IA E5 Atlantic, IA [Amended]

Atlantic Municipal Airport, IA
    (Lat. 41[deg]24'14'' N., long. 95[deg]02'56'' W.)

    That airspace extending upward from 700 feet above the surface
within a 7.2-mile radius of Atlantic Municipal Airport and within
1.8 miles each side of the 022[deg] bearing from the airport
extending from the 7.2-mile radius to 9.2 miles northeast of the
airport.
* * * * *

ACE IA E5 Belle Plaine, IA [Amended]

Belle Plaine Municipal Airport, IA
    (Lat. 41[deg]52'44'' N., long. 92[deg]17'04'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of Belle Plaine Municipal Airport,
excluding that portion which overlies the Cedar Rapids, IA, Class E
airspace area.
* * * * *

ACE IA E5 Creston, IA [Amended]

Creston Municipal Airport, IA
    (Lat. 41[deg]01'17'' N., long. 94[deg]21'48'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of Creston Municipal Airport.
* * * * *

ACE IA E5 Estherville, IA [Amended]

Estherville Municipal Airport, LA
    (Lat. 43[deg]24'27'' N., long. 94[deg]44'47'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of Estherville Municipal Airport.
* * * * *

ACE IA E5 Grinnell, IA [Amended]

Grinnell Regional Airport, IA
    (Lat. 41[deg]42'36'' N., long. 92[deg]44'10'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of Grinnell Regional Airport.

ACE IA E5 Guthrie Center, IA [Amended]

Guthrie County Regional Airport, IA
    (Lat. 41[deg]41'13'' N., long. 93[deg]26'06'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.4-mile radius of the Guthrie County Regional Airport, and
within 2 miles each side of the 360[deg] bearing from the airport
extending from the 6.4-mile radius to 9.8 miles north of the
airport.
* * * * *

ACE IA E5 Oelwein, IA [Amended]

Oelwein Municipal Airport, IA
    (Lat. 42[deg]40'51'' N., long. 91[deg]58'28'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.4-mile radius of Oelwein Municipal Airport.

    Issued in Fort Worth, Texas, on September 14, 2016.
Walter Tweedy,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2016-22889 Filed 9-22-16; 8:45 am]
 BILLING CODE 4910-13-P