[Federal Register Volume 77, Number 30 (Tuesday, February 14, 2012)]
[Notices]
[Pages 8326-8327]
[FR Doc No: 2012-2898]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Notice of Delays in Processing of Special Permits Applications

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Office of Hazardous Materials Safety, DOT.

ACTION: List of Applications Delayed More than 180 Days.

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SUMMARY: In accordance with the requirements of 49 U.S.C. 5117(c),
PHMSA is publishing the following list of special permit applications
that have been in process for 180 days or more. The reason(s) for delay
and the expected completion date for action on each application is
provided in association with each identified application.

FOR FURTHER INFORMATION CONTACT: Ryan Paquet, Director, Office of
Hazardous Materials Special Permits and Approvals, Pipeline and
Hazardous Materials Safety Administration, U.S. Department of
Transportation, East Building, PHH-30, 1200 New Jersey Avenue
Southeast, Washington, DC 20590-0001,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Key to ``Reason for Delay''

    1. Awaiting additional information from applicant.
    2. Extensive public comment under review.
    3. Application is technically complex and is of significant impact
or precedent-setting and requires extensive analysis.
    4. Staff review delayed by other priority issues or volume of
special permit Applications.

Meaning of Application Number Suffixes

    N--New application.
    M--Modification request.

    R--Renewal Request.
    P--Party To Exemption Request.

    Issued in Washington, DC, on February 2, 2012.
Donald Burger,
Chief, General Approvals and Permits.

------------------------------------------------------------------------
                                            Reason for    Estimated date
    Application No.         Applicant          delay       of completion
------------------------------------------------------------------------
                     Modification to Special Permits
------------------------------------------------------------------------
8826-M................  Phoenix Air                    4      03-31-2012
                         Group, Inc.
                         Cartersville,
                         GA.
14909-M...............  Lake Clark Air,                4      03-31-2012
                         Inc. Port
                         Alsworth, AK.
10656-M...............  Conference of                  4      03-31-2012
                         Radiation
                         Control Program
                         Directors, Inc.
                         Frankfort, KY.
11406-M...............  Conference of                  4      03-31-2012
                         Radiation
                         Control Program
                         Directors, Inc.
                         Frankford, KY.
12561-M...............  Rhodia, Inc.                   4      03-31-2012
                         Cranbury, NJ.
------------------------------------------------------------------------
                     New Special Permit Applications
------------------------------------------------------------------------
14872-N...............  Arkema, Inc.                   4      03-31-2012
                         King of
                         Prussia, PA.
14951-N...............  Lincoln                        1      03-31-2012
                         Composites
                         Lincoln, NE.
15080-N...............  Alaska Airlines                1      03-31-2012
                         Seattle, WA.
15233-N...............  ExpressJet                     4      03-31-2012
                         Airlines, Inc.
                         Houston, TX.
15510-N...............  TEMSCO                         4      03-31-2012
                         Helicopters,
                         Inc. Ketchikan,
                         AK.
------------------------------------------------------------------------
                  Party to Special Permits Application
------------------------------------------------------------------------
12134-P...............  Riceland Foods,                4      03-31-2012
                         Inc. Stuttgart,
                         AR.
------------------------------------------------------------------------
                  Renewal Special Permits Applications
------------------------------------------------------------------------
8445-R................  Environmental                  4      03-31-2012
                         Products &
                         Services, Inc.
                         Syracuse, NY.
12443-R...............  Thatcher Company               4      03-31-2012
                         of Nevada
                         Henderson, NV.
14482-R...............  Classic                        4      03-31-2012
                         Helicopters
                         Limited, L.C.
                         Woods Cross, UT.
11759-R...............  E.I. duPont de                 4      03-31-2012
                         Neumours &
                         Company, Inc.
                         Wilmington, DE.
8723-R................  Nelson Brothers                4      03-31-2012
                         Mining
                         Services, LLC
                         Birmingham, AL.
11749-R...............  Occidental                     4      03-31-2012
                         Chemical
                         Corporation
                         Dallas, TX.
7891-R................  Aldrich Chemical               4      03-31-2012
                         Company Inc.
                         Milwaukee, WI.
12283-R...............  Interstate                     4      03-31-2012
                         Battery of
                         Alaska
                         Anchorage, AK.
10709-R...............  Schlumberger                   4      03-31-2012
                         Technologies
                         Corporation
                         Sugar Land, TX.
11227-R...............  Schlumberger                   4      03-31-2012
                         Well Services a
                         Division of
                         Schlumberger
                         Technology
                         Corporation
                         Sugar Land, TX.
9929-R................  Alliant                        4      03-31-2012
                         Techsystems
                         Inc. Propulsion
                         & Controls
                         (Former Grantee
                         ATK Elkton)
                         Elkton, MD.
11903-R...............  Comptank                       4      03-31-2012
                         Corporation
                         Bothwell, ON.
4850-R................  Schlumberger                   4      03-31-2012
                         Technology
                         Corporation
                         Sugar Land, TX.
------------------------------------------------------------------------

[FR Doc. 2012-2898 Filed 2-13-12; 8:45 am]
BILLING CODE 4910-60-M


[Federal Register: May 9, 2008 (Volume 73, Number 91)]
[Notices]
[Page 26381-26382]
[DOCID:fr09my08-49]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13022-000]

Barren River Lake Hydro, LLC; Notice of Application Accepted for
Filing and Soliciting Motions To Intervene, Protests, and Comments

May 2, 2008.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Application: Preliminary Permit.
    b. Project No.: 13022-000.
    c. Date filed: September 14, 2007.
    d. Applicant: Barren River Lake Hydro, LLC.
    e. Name of Project: Barren River Lake Dam Hydroelectric Project.
    f. Location: Barren River in Barren County, Kentucky. It would use
the U.S. Army Corps of Engineers' Barren River Lake Dam.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Mr. Brent L. Smith, COO, Symbiotics, LLC,
P.O. Box 535, Rigby, ID 83442,<PHONE_NUMBER>.
    i. FERC Contact: Robert Bell,<PHONE_NUMBER>.
    j. Deadline for filing comments, protests, and motions to
intervene: 60 days from the issuance date of this notice.
    All documents (original and eight copies) should be filed with:
Secretary, Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426. Comments, protests, and interventions may be
filed electronically via the Internet in lieu of paper; see 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. The Commission strongly encourages
electronic filings. Please include the project number (P-13022-000) on
any comments or motions filed.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person in the official service list for the
project. Further, if an intervenor files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency.
    k. Description of Project: The proposed project using the U.S. Army
Corps of Engineers' Barren River Lake Dam and operated in a run-of-
river mode would consist of: (1) One 168-foot-long, 144-inch-diameter
steel penstock; (2) a new powerhouse and switchyard; (3) two turbine/
generator units with a combined installed capacity of 13 megawatts; (4)
a new 1-mile-long above ground 25-kilovolt transmission line extending
from the switchyard to an interconnection point with the local
utility's distribution system; and (5) appurtenant facilities. The
proposed Barren River Lake Dam Project would have an average annual
generation of 31 gigawatt-hours.
    l. This filing is available for review at the Commission in the
Public Reference Room or may be viewed on the Commission's Web site at
http://www.ferc.gov using the ``eLibrary'' link. Enter the docket
number excluding the last three digits in the docket number field to
access the document. For assistance, call toll-free 1-866-208-3676 or
e-mail<EMAIL_ADDRESS>For TTY, call<PHONE_NUMBER>. A copy
is also available for inspection and reproduction at the address in
item h above.
    m. Competing Preliminary Permit--Anyone desiring to file a
competing application for preliminary permit for a proposed project
must submit the competing application itself, or a notice of intent to
file such an application, to the Commission on or before the specified
comment date for the particular application (see 18 CFR 4.36).
Submission of a timely notice of intent allows an interested person to
file the competing preliminary permit

application no later than 30 days after the specified comment date for
the particular application. A competing preliminary permit application
must conform with 18 CFR 4.30 and 4.36.
    n. Competing Development Application--Any qualified development
applicant desiring to file a competing development application must
submit to the Commission, on or before a specified comment date for the
particular application, either a competing development application or a
notice of intent to file such an application. Submission of a timely
notice of intent to file a development application allows an interested
person to file the competing application no later than 120 days after
the specified comment date for the particular application. A competing
license application must conform with 18 CFR 4.30 and 4.36.
    o. Notice of Intent--A notice of intent must specify the exact
name, business address, and telephone number of the prospective
applicant, and must include an unequivocal statement of intent to
submit, if such an application may be filed, either a preliminary
permit application or a development application (specify which type of
application). A notice of intent must be served on the applicant(s)
named in this public notice.
    p. Proposed Scope of Studies Under Permit--A preliminary permit, if
issued, does not authorize construction. The term of the proposed
preliminary permit would be 36 months. The work proposed under the
preliminary permit would include economic analysis, preparation of
preliminary engineering plans, and a study of environmental impacts.
Based on the results of these studies, the Applicant would decide
whether to proceed with the preparation of a development application to
construct and operate the project.
    q. Comments, Protests, or Motions to Intervene--Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    r. Filing and Service of Responsive Documents--Any filings must
bear in all capital letters the title ``COMMENTS'', ``NOTICE OF INTENT
TO FILE COMPETING APPLICATION'', ``COMPETING APPLICATION'',
``PROTEST'', and ``MOTION TO INTERVENE'', as applicable, and the
Project Number of the particular application to which the filing
refers. Any of the above-named documents must be filed by providing the
original and the number of copies provided by the Commission's
regulations to: The Secretary, Federal Energy Regulatory Commission,
888 First Street, NE., Washington, DC 20426. An additional copy must be
sent to Director, Division of Hydropower Administration and Compliance,
Federal Energy Regulatory Commission, at the above-mentioned address. A
copy of any notice of intent, competing application or motion to
intervene must also be served upon each representative of the Applicant
specified in the particular application.
    s. Agency Comments--Federal, state, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-10302 Filed 5-8-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: June 4, 2010 (Volume 75, Number 107)]
[Proposed Rules]
[Page 31738-31742]
[DOCID:fr04jn10-23]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 7

[EPA-HQ-OA-2004-0002; FRL-9159-1]
RIN 2090-AA37

Nondiscrimination on the Basis of Age in Programs or Activities
Receiving Federal Assistance From the Environmental Protection Agency

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to take action on Nondiscrimination on the
Basis of Age in Programs or Activities Receiving Federal Assistance
from the Environmental Protection Agency. This document sets out EPA
rules for implementing the Age Discrimination Act of 1975, as amended.
The Act prohibits discrimination on the basis of age in programs or
activities receiving Federal assistance.

DATES: Comments must be received on or before August 3, 2010.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OA-
2004-0002, by mail to OEI Docket, U.S. EPA, Mail Code: 28221T, 1200
Pennsylvania Ave., NW, Washington, DC 20460. Comments can also be
submitted electronically or through hand delivery/courier by following
the detailed instructions in the ADDRESSES section of the direct final
rule located in the ``Rules and Regulations'' section of this Federal
Register.

FOR FURTHER INFORMATION CONTACT: Tom Walker, U.S. Environmental
Protection Agency, Office of Civil Rights, (Mail Code 1201A), 1200
Pennsylvania Ave., NW., Washington, DC 20460, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Why is EPA Issuing This Proposed Rule?

    This document proposes to take action on Nondiscrimination on the
Basis of Age in Programs or Activities Receiving Federal Assistance
from the Environmental Protection Agency. We have published a direct
final rule approving regulations for implementing the Age
Discrimination Act of 1975, as amended, which prohibits discrimination
on the basis of age in programs or activities receiving Federal
assistance in the ``Rules and Regulations'' section of this Federal
Register because we view this as a noncontroversial action and
anticipate no adverse comment. We have explained our reasons for this
action in the preamble to the direct final rule.
    If we receive no adverse comment, we will not take further action
on this proposed rule. If we receive adverse comment, we will withdraw
the direct final rule and it will not take effect. We would address all
public comments in any subsequent final rule based on this proposed
rule.
    We do not intend to institute a second comment period on this
action. Any parties interested in commenting must do so at this time.
For further information, please see the information provided in the
ADDRESSES section of this document.

I. General Information

    These regulations implement provisions of the Age Discrimination
Act of 1975, as amended. The Age Discrimination Act of 1975, 42 U.S.C.
6101 et seq., (The Act) prohibits discrimination on the basis of age in
programs or activities receiving Federal assistance. The Act applies to
persons of all ages. The Act also contains specific exceptions that
permit the use of certain age distinctions and factors other than age
that meet the Act's requirements. The Act however, does not cover
employment discrimination on the basis of age. The Age Discrimination
in

Employment Act of 1967, 29 U.S.C. 621 et. seq., (ADEA) applies
specifically to employment practices and programs, both in the public
and private sectors, and applies only to persons 40 and over.
Complaints of employment discrimination based on age against an
individual by recipients of federal financial assistance are subject to
the ADEA and should be filed administratively with the Equal Employment
Opportunity Commission (EEOC) (see 29 CFR part 1626). The EEOC has
recently published in the Federal Register a Notice of Proposed
Rulemaking (NPRM) under the authority of the ADEA (see 75 FR 7212 (Feb.
18, 2010)). EEOC's NPRM defines the term ``reasonable factors other
than age'' (RFOA) under the ADEA, a term that is also used in the Age
Discrimination Act and in the subject regulation. Because of the
different statutory bases for the two regulations, the use of the term
RFOA in EPA's regulation implementing the Age Discrimination Act has no
effect on EEOC's regulation under the ADEA and the use of the term RFOA
in EEOC's regulation has no effect on EPA's regulation. Nonetheless,
EPA would accept comments about any potential impact of EEOC's
definition on EPA's regulation. Parties interested in the ADEA action
should refer to the Federal Register; 75 FR 7212 (Feb. 18, 2010).
    The Act required the former Department of Health, Education, and
Welfare (HEW) to issue general, government-wide regulations setting
standards to be followed by all Federal agencies implementing the Act.
These government-wide regulations, which were issued on June 12, 1979,
(45 CFR part 90; 44 FR 33768) and became effective on July 1, 1979,
required each Federal agency providing assistance to any program or
activity to publish final regulations implementing the Act, and to
submit final agency regulations to HEW (now the Department of Health
and Human Services (HHS)), before publication in the Federal Register.
(See 45 CFR 90.31.) The Act became effective on the effective date of
HEW's final government-wide regulations (i.e., July 1, 1979). The Act
was amended by the Civil Rights Restoration Act of 1987, Public Law
100-259, 102 Stat. 28, to add a definition for the term ``program or
activity.''
    The Age discrimination regulations apply to all applicants for, and
recipients of, EPA assistance in the operation of their programs or
activities, and only establish and enforce statutory rights that
prohibit discrimination on the basis of age. These regulations do not
apply to any program or activity unless that program or activity
applies for and/or receives Federal assistance from the Agency.
    EPA's Age discrimination regulations which implement the Age
Discrimination Act of 1975, will amend the U.S. Code of Federal
Regulations (40 CFR Part 7) by adding Age as a protected classification
to the Agency's nondiscrimination regulations. Currently, the Agency's
nondiscrimination regulations prohibit discrimination on the basis of
race, color, national origin, sex (gender), or disability in any
program or activity receiving EPA assistance. The Age Discrimination
regulations will become the new Part 7 Subpart F--Discrimination
Prohibited on the Basis of Age.
    The regulation states, ``No person in the United States may, on the
basis of age, be excluded from participation in, be denied the benefits
of, or be subjected to discrimination under any program or activity
receiving EPA assistance.'' (40 CFR 7.140) The specific prohibited
actions are patterned after the regulations issued under Title VI of
the Civil Rights Act of 1964 (40 CFR 7.30). As a general rule, separate
or different treatment which denies or limits services from, or
participation in, a program receiving Federal funds will be prohibited
by these regulations.
    The Act does include some exceptions to the general rule against
age discrimination. The regulations provide definitions for two terms
``normal operations'' and ``statutory objective'' (40 CFR 7.25) that
provide the framework for which the exceptions can apply. (40 CFR
7.150) For example, the normal operations and objectives of our public
schools are to educate our nation's children. Public schools, for
instance, have received federal environmental grants, to establish
ecology clubs or educate students on water restoration and beach
ecology. These school programs are just a few examples of recipients
operating under normal conditions and meeting their objectives while
receiving federal assistance targeted at a specific age group, and are
therefore, permissible under the Act.
    Recipients of EPA funds are also permitted to take an action
otherwise prohibited by the Act, if the action is based on ``reasonable
factors other than age.'' (40 CFR 7.155) For example, children may be
more vulnerable to environmental exposures (i.e. lead poisoning) than
adults because their bodily systems are still developing. Providing
grants to recipients to research these specific exposure risks in
children play an important role in protecting children's health. Even
though environmental toxins may also affect adults, it is thought that
children are generally more vulnerable to such environmental exposures.
Thus, recipients that are solely studying the unique environmental
exposure risks to children (targeting a specific age group) are taking
actions based on ``reasonable factors other than age'', and, such
studies are therefore permissible under the Act. As noted above, the
use of the term ``reasonable factors other than age'' in EPA's
regulation has no effect on EEOC's RFOA definition under the ADEA and,
conversely, the use of the term RFOA by the EEOC has no effect on EPA's
regulation.
    In addition, these regulations incorporate the provisions of the
general regulations (45 CFR part 90; 44 FR 33768) permitting a
recipient of a program to provide special benefits for children and the
elderly. (40 CFR 7.165) These special benefits often take the form of
special discounts or reduced fees for the elderly or children in a
federally funded program.

II. Rulemaking History

    EPA first proposed regulations implementing the Age Discrimination
Act as part of its proposed consolidated nondiscrimination regulations
on January 8, 1981 (46 FR 2306-2312). The Age Discrimination Act
provisions were not included in the final rule published on January 12,
1984 (49 FR 1656-66), because they had not been approved by HHS as
required by the Act. During 1993 through 1998, the regulations were
submitted to HHS and went through different revisions in an on-going
effort between EPA and HHS. Because of the time lapse since the
regulations were initially drafted, in 2002 EPA had conducted an
internal re-review of the draft regulations. The draft Age
Discrimination Act regulations were then resubmitted to HHS in 2002,
which granted its approval later that year. In January 2003, new
regulatory development guidelines were issued, which spurred another
delay in the publication of EPA's draft Age regulations. Between 2003
and 2004, EPA's internal re-review resulted in various revisions to the
draft regulations based on the new regulatory development guidelines.
In 2005, EPA resubmitted its final draft Age discrimination regulations
to HHS. The revised regulations were subsequently approved by HHS in
2006. EPA is now publishing these regulations as a direct final rule
along, with a parallel proposed rule. Any comments submitted during the
1981, public comment period pertaining to the Age provisions of the
consolidated

nondiscrimination regulations are no longer available for viewing.
Comments on the current rule are welcome. If we receive comment on the
current rule, we will withdraw the direct final rule and it will not
take effect. We would address all public comments in any subsequent
final rule based on this proposed rule as mentioned above.

III. Statutory and Executive Orders Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order (EO) 12866 (58 FR 51735, October 4, 1993),
this action is a ``significant regulatory action.'' Accordingly, EPA
submitted this action to the Office of Management and Budget (OMB) for
review under EO 12866 and any changes made in response to OMB
recommendations have been documented in the docket for this action.

B. Paperwork Reduction Act of 1995

    This action does not impose any new information collection burden.
EPA Form 4700-4 (Preaward Compliance Review Report for All Applicants
Requesting Federal Financial Assistance), which is used to collect
compliance information under EPA's nondiscrimination regulations,
already requests civil rights compliance information based on age under
the Age Discrimination Act of 1975. The current version, which also
requests civil rights compliance information based on race, color,
national origin, sex, or handicap as well as age, has been in use since
January 1990. The Office of Management and Budget (OMB) has previously
approved the information collection requirements contained in the
existing regulations at 40 CFR part 7 under the provisions of the
Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and has assigned OMB
control number 2030-0020. The OMB control numbers for EPA's regulations
in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act (RFA)

    The RFA generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the Administrative Procedure Act or any
other statute unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small organizations, and small
governmental jurisdictions.
    For purposes of assessing the impacts of today's rule on small
entities, small entity is defined as: (1) A small business as defined
by the U.S. Small Business Administration in 13 CFR 121.201; (2) a
small governmental jurisdiction that is a government of a city, county,
town, school district or special district with a population of less
than 50,000; and (3) a small organization that is any not-for-profit
enterprise which is independently owned and operated and is not
dominant in its field.
    After considering the economic impacts of today's proposed rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities.
    This proposed rule will not impose any requirements on small
entities because it only formalizes existing requirements for entities
receiving assistance from EPA and would not substantively change
existing obligations on recipients. The requirements prohibiting age
discrimination by recipients of Federal assistance that are in the Age
Discrimination Act and the government-wide regulations have been in
effect since 1979. We continue to be interested in the potential
impacts of the proposed rule on small entities and welcome comments on
issues related to such impacts.

D. Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
    Today's rule contains no Federal mandates under the regulatory
provisions of Title II of the UMRA for State, local, or tribal
governments or the private sector for the following reasons: (1) The
UMRA excludes from the definitions of ``Federal intergovernmental
mandate'' and ``Federal private sector mandate'' duties that arise from
conditions of Federal assistance; (2) The UMRA generally excludes from
the definition of ``Federal intergovernmental mandate'' duties that
arise from participation in a voluntary Federal program; (3) The UMRA
excludes from the definition of ``Federal private sector mandate''
duties that arise from participation in a voluntary Federal program;
and (4) The UMRA does not apply to rules that establish or enforce
statutory rights that prohibit discrimination on the basis of race,
color, religion, sex, national origin, age, handicap, or disability.
These regulations were mandated by Congress in the Act. These
regulations only establish and enforce statutory rights that prohibit
discrimination on the basis of age. These regulations do not apply to
any program or activity unless that program or activity applies for and
receives Federal assistance from the Agency. Application for, and
receipt of, Federal assistance from the Agency is entirely voluntary.
No program or activity is required to apply for, or accept, Federal
assistance from the Agency. Thus, today's rule is not subject to the
requirements of sections 202 and 205 of the UMRA.
    EPA has determined that this rule contains no regulatory
requirements that might significantly or uniquely affect small
governments. These regulations apply uniformly to all recipients of
Federal assistance from the Agency, regardless of whether the recipient
is a small government. Moreover, the application for, and acceptance
of, Federal assistance from the Agency that triggers the applicability
of these regulations is entirely voluntary. Furthermore, it has already
been

determined that these regulations will not have a significant economic
impact on small entities.

E. Executive Order 13132: Federalism

    Executive Order 13132 (64 FR 43255), entitled ``Federalism,''
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by State and local officials in the development of
regulatory policies that have federalism implications.'' ``Policies
that have federalism implications'' is defined in the Executive Order
to include regulations that have ``substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government.''
    This proposed rule does not have federalism implications. It will
not have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. This rule does not directly
impose any obligations on the States and there are no significant
compliance costs associated with it. This rule only applies to State
and non-State entities that apply for and receive assistance from EPA.
When the recipient receives the EPA assistance, they accept the
obligation to comply with EPA's Age Discrimination Act implementing
regulations. Compliance obligations are, therefore, voluntary and
contractual. No entity is required to apply for or accept EPA
assistance. Thus, Executive Order 13132 does not apply to this rule.
    In the spirit of Executive Order 13132, and consistent with EPA
policy to promote communications between EPA and State and local
governments, EPA specifically solicits comment on this proposed rule
from State and local officials.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    Executive Order 13175 (65 FR 67249), entitled ``Consultation and
Coordination with Indian Tribal Governments,'' requires EPA to develop
an accountable process to ensure ``meaningful and timely input by
tribal officials in the development of regulatory policies that have
tribal implications.'' This proposed rule does not have tribal
implications, as specified in Executive Order 13175. This rule does not
directly impose any obligations on the Tribes and there are no
significant compliance costs associated with it. This rule only applies
to Tribal and non-Tribal entities that apply for and receive assistance
from EPA. When the recipient receives the EPA assistance, it accepts
the obligation to comply with EPA's Age Discrimination Act implementing
regulations. Compliance obligations are, therefore, voluntary and
contractual. No entity is required to apply for or accept EPA
assistance. Thus, Executive Order 13175 does not apply to this rule.
EPA specifically solicits additional comment on this proposed rule from
tribal officials.

G. Executive Order 13045: Protection of Children From Environmental
Health & Safety Risks

    Executive Order 13045 (62 FR 19885), ``Protection of Children from
Environmental Health Risks and Safety Risks,'' applies to any rule
that: (1) Is determined to be ``economically significant'' as defined
under Executive Order 12866, and (2) concerns an environmental health
or safety risk that EPA has reason to believe may have a
disproportionate effect on children. If the regulatory action meets
both criteria, the Agency must evaluate the environmental health or
safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
    EPA interprets Executive Order 13045 as applying only to those
regulatory actions that are based on health or safety risks, such that
the analysis required under section 5-501 of the Order has the
potential to influence the regulation. This proposed rule is not
subject to Executive Order 13045 because it does not establish an
environmental standard intended to mitigate health or safety risks.

H. Executive Order 13211: Actions that Significantly Affect Energy
Supply, Distribution, or Use

    This rule is not a ``significant energy action'' as defined in
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355
(May 22, 2001)) because it is not likely to have a significant adverse
effect on the supply, distribution, or use of energy. EPA is proposing
to approve rules for implementing the Age Discrimination Act of 1975,
as amended. The Act prohibits discrimination on the basis of age in
programs or activities receiving Federal assistance. Accordingly, we
have concluded that this rule is not likely to have any adverse energy
effects.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 n)
directs EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies. The NTTAA directs EPA to provide
Congress, through OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards. This proposed
rulemaking does not involve technical standards. Therefore, EPA is not
considering the use of any voluntary consensus standards.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
    EPA has determined that this proposed rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. EPA is proposing to approve rules for implementing the Age
Discrimination Act of 1975, as amended. The Act prohibits
discrimination on the basis of age in programs or activities receiving
Federal assistance. This rule does not adversely affect minority or
low-income populations therefore, we have concluded that this rule will
not have disproportionately high and adverse human health or
environmental effects on minority or low-income populations.

List of Subjects in 40 CFR Part 7

    Environmental protection, Administrative practice and procedure,

Age discrimination, Civil rights, Equal employment opportunity,
Individuals with disabilities, Reporting and recordkeeping
requirements, Sex discrimination.

    Dated: May 27, 2010.
Lisa P. Jackson,
Administrator.
[FR Doc. 2010-13469 Filed 6-3-10; 8:45 am]
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