[Federal Register Volume 80, Number 83 (Thursday, April 30, 2015)]
[Rules and Regulations]
[Pages 24216-24218]
[FR Doc No: 2015-09905]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52

[EPA-R06-OAR-2015-0054; FRL-9926-91-Region 6]

Approval and Promulgation of Implementation Plans; State of
Arkansas; Revisions to the State Implementation Plan; Fee Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking a direct
final action to approve revisions to the Arkansas State Implementation
Plan (SIP) related to the Fee Regulations section of the Arkansas SIP
that were submitted by the State of Arkansas on November 6, 2012. The
EPA has evaluated the SIP submittal from Arkansas and determined these
revisions are consistent with the requirements of the Clean Air Act
(Act or CAA). The EPA is approving this action under section 110 of the
Act.

DATES: This direct final rule is effective on June 29, 2015 without
further notice, unless the EPA receives relevant adverse comment by
June 1, 2015. If the EPA receives such comment, the EPA will publish a
timely withdrawal in the Federal Register informing the public that
this rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
OAR-2015-0054, by one of the following methods:
    (1) www.regulations.gov: Follow the on-line instructions.
    (2) Email: Ms. Tracie Donaldson at<EMAIL_ADDRESS>    (3) Mail or Delivery: Ms. Tracie Donaldson, Air Permits Section
(6PD-R), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202-2733.

Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-2015-
0054. 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 the
disclosure of which is restricted by statute. Do not submit information
through http://www.regulations.gov or email, if you believe that it is
CBI or otherwise protected from disclosure. The http://www.regulations.gov Web site is an ``anonymous access'' system, which
means that the EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
comment directly to the EPA without going through http://www.regulations.gov, your email 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, the EPA recommends that you include your name and other
contact information in the body of your comment along with any disk or
CD-ROM submitted. If the EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, the EPA may not
be able to consider your comment. Electronic files should avoid the use
of special characters and any form of encryption and should be free of
any defects or viruses. For additional information about the EPA's
public docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm. Docket: The index to the docket for
this action is available electronically at www.regulations.gov and in
hard copy at EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas.
While all documents in the docket are listed in the index, some
information may be publicly available only at the hard copy location
(e.g., copyrighted material), and some may not be publicly available at
either location (e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Ms. Tracie Donaldson,<PHONE_NUMBER>,
<EMAIL_ADDRESS>To inspect the hard copy materials, please
schedule an appointment with Ms. Donaldson or Mr. Bill Deese at (214)
665-7253.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.

Table of Contents

I. Background
    A. CAA and SIPs
    B. SIP Revision Submitted on November 6, 2012
II. The EPA's Evaluation
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background

A. CAA and SIPs

    Section 110 of the CAA requires states to develop and submit to the
EPA a SIP to ensure that state air quality meets National Ambient Air
Quality Standards (NAAQS). The NAAQS currently address six criteria
pollutants: carbon monoxide, nitrogen dioxide, ozone, lead, particulate
matter, and sulfur dioxide. Each federally-approved SIP protects air
quality primarily by addressing air pollution at its point of origin
through air pollution regulations and control strategies. The EPA-
approved SIP provisions and control strategies are federally
enforceable. States revise the SIP as needed and submit revisions to
the EPA for approval.

B. SIP Revision Submitted on November 6, 2012

    On June 22, 2012, the Arkansas Pollution Control and Ecology
Commission (APC&EC) adopted revisions to Regulation 9--Permit Fee
Regulations, Regulation 19--Regulations of the Arkansas Plan of
Implementation for Air Pollution Control, and Regulation 26--
Regulations of the Arkansas Operating Air Permit Program. On October
26, 2012, APC&EC adopted additional revisions to Regulation 19.
Governor Beebe submitted these revised regulations as a revision to the
Arkansas SIP in a letter dated November 6, 2012.
    The November 6th, 2012, letter requested that the EPA repeal the
current SIP-approved permit fee program provisions found in Regulation
9 and replace with the new provisions included in the submittal for
Chapters 1, 2,\1\ 3, 5, and 9, of Regulation 9 which relate to the
State's air program. This action will repeal the current SIP-approved
version of Regulation 9 and replace with the current version of
Regulation 9, Chapters 1, 2,\2\ 3, 5, and 9 as requested by Arkansas.
This includes revisions to Regulation 9, Chapter 5 addressing fee
requirements for carbon dioxide and methane. The revisions to
Regulations 19 and 26 will be addressed in separate rulemaking by the
EPA.
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    \1\ Only the portions of Chapter 2 that relate to the Air
program are included in the Arkansas SIP. The definitions to include
are specified in ADEQ letter to the EPA dated December 11, 2014,
which is available in our rulemaking docket and addressed in more
detail in the TSD.
    \2\ Ibid.
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II. The EPA's Evaluation

    As detailed in the Technical Support Document (TSD) accompanying
this action, the ADEQ \3\ submitted a SIP

revision to the fee regulations requesting a withdrawal of the current
SIP-approved permit fee program and replacement with the submitted
revised fee regulations containing a new fee schedule and associated
provisions specific to the State's air program. The EPA has reviewed
the submitted revisions and determined that the submitted revised fee
program is consistent with the general requirements at CAA section
110(a)(2)(E)(i) to provide necessary assurances that the State will
have adequate funding to carry out the provisions of the Arkansas SIP
as it pertains to major and minor source Title I permitting and CAA
section 110(a)(2)(L) that requires states to charge necessary fees for
the development and implementation of major source Title I permits. The
Arkansas SIP is intended to implement Title I of the CAA, while Title V
requirements are not generally included in SIPs.\4\ The repeal and
replace included in the November 6, 2012, SIP submittal more accurately
represents the current fee structure than the previously approved SIP,
which was approved by EPA on November 12, 1986. Based on EPA's
evaluation of the fee assessment provisions submitted, EPA finds the
submitted repeal and replace of, and subsequent revisions to Arkansas
Regulation 9 establishing fee requirements for permits is consistent
with sections 110(a)(2)(E)(i) and 110(a)(2)(L) of the CAA.
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    \3\ The Arkansas Department of Environmental Quality (ADEQ) is
the state agency that is charged with protecting, enhancing and
restoring the environment for Arkansas. The Arkansas Pollution
Control and Ecology Commission (APC&EC) is the environmental policy-
making body for Arkansas.
    \4\ The Arkansas air permitting program is a one permit system
(meaning that title I and title V are issued together for major
sources) the fee regulations are combined in Regulation 9. The EPA
has not evaluated the revised Regulation 9 Fee Provisions for
sufficiency under 40 CFR 70.9 of the title V state operating permit
program.
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III. Final Action

    For the reasons stated above and in the TSD, the EPA is taking
direct final action to approve revisions to the Arkansas SIP pertaining
to title I fees. Specifically, the EPA is deleting the current SIP-
approved fee program and approving in its place the revised Arkansas
fee program at Regulation 9, Chapters 1, 2,\5\ 3, 5 and 9 effective on
July 9, 2012, and submitted as revisions to the Arkansas SIP on
November 6, 2012.
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    \5\ Only the portions of Chapter 2 that relate to the Air
program are included in the Arkansas SIP. The definitions to include
are specified in ADEQ letter to the EPA dated December 11, 2014,
which is available in our rulemaking docket and addressed in more
detail in the TSD.
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    We are approving the revisions to the Arkansas SIP under section
110 of the Act. We are publishing this rule without prior proposal
because we view this as a noncontroversial amendment and anticipate no
relevant adverse comments. However, in the proposed rules section of
this Federal Register publication, we are publishing a separate
document that will serve as the proposal to approve the SIP revision if
relevant adverse comments are received. This rule will be effective on
June 29, 2015 without further notice unless we receive relevant adverse
comment by June 1, 2015. If we receive relevant adverse comments, we
will publish a timely withdrawal in the Federal Register informing the
public that the rule will not take effect. We will address all public
comments in a subsequent final rule based on the proposed rule. We will
not institute a second comment period on this action. Any parties
interested in commenting must do so now. Please note that if we receive
adverse comment on an amendment, paragraph, or section of this rule and
if that provision may be severed from the remainder of the rule, we may
adopt as final those provisions of the rule that are not the subject of
an adverse comment.

IV. Incorporation by Reference

    In this direct final rule, the EPA is finalizing regulatory text
that includes incorporation by reference. In accordance with
requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by
reference of the Arkansas title I Permit Fees described in the Final
Action section above. The EPA has made, and will continue to make,
these documents generally available electronically through
www.regulations.gov and/or in hard copy at the appropriate EPA office
(see the ADDRESSES section of this preamble for more information).

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the Clean Air Act. Accordingly,
this action merely approves state law as meeting Federal requirements
and does not impose additional requirements beyond those imposed by
state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).

The SIP is not approved to apply on any Indian reservation land or in
any other area where the EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications and will not impose substantial direct
costs on tribal governments or preempt tribal law as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).

    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by June 29, 2015. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposed of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: April 17, 2015.
Ron Curry,
Regional Administrator, Region 6.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart E--Arkansas

0
2. In Sec.  52.170(c), the table titled ``EPA-Approved Regulations in
the Arkansas SIP'' is amended by revising the heading and entries for
``Arkansas Regulation No. 9: Permit Fees,'' to read as follows:

Sec.  52.170  Identification of plan.

* * * * *
    (c) * * *

                                  EPA-Approved Regulations in the Arkansas SIP
----------------------------------------------------------------------------------------------------------------
                                                            State
                                                          submittal/
          State citation              Title/ subject      effective     EPA approval date        Explanation
                                                             date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                        Regulation No. 9: Fee Regulation
----------------------------------------------------------------------------------------------------------------
Chapter 1........................  Title...............     7/9/2012  4/30/2015 [Insert FR
                                                                       citation].
Chapter 2........................  Definitions.........     7/9/2012  4/30/2015 [Insert FR  The following
                                                                       citation].            definitions do not
                                                                                relate to the air
                                                                                program and are not
                                                                                being approved into
                                                                                the SIP:
                                                                                ``Category'',
                                                                                ``Certificate'',
                                                                                ``Confined Animal
                                                                                Operation'',
                                                                                ``Discretionary
                                                                                Major Facility'',
                                                                                ``Evaluation'',
                                                                                ``Laboratory``,
                                                                                ``Major Municipal
                                                                                Facility'', ``Non-
                                                                                Municipal Major
                                                                                Facility'',
                                                                                ``Parameter'',
                                                                                ``Program''.
Chapter 3........................  Permit Fee Payment..     7/9/2012  4/30/2015 [Insert FR
                                                                       citation].
Chapter 5........................  Air Permit Fees.....     7/9/2012  4/30/2015 [Insert FR
                                                                       citation].
Chapter 9........................  Administrative           7/9/2012  4/30/2015 [Insert FR
                                    Procedures.                        citation].
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* * * * *
[FR Doc. 2015-09905 Filed 4-29-15; 8:45 am]
BILLING CODE 6560-50-P


The Dalles Rufus Hood River Cascade Locks Wasco Dufur Mosier Columbia River Eightmile Creek Fivemile Creek Pine Creek Hood River Mosier Creek Larch Creek Fifteenmile Creek Dog River Neal Creek Rams ey Creek East Fork Hood River Mud Hollow Japa nese Hollow Rock Cree k Mill Creek Threemile Creek Rail Hollow Eagle Cree k Tony Creek Trout Creek South Fork Mill Cre ek Spanish Hollow Creek Evans Creek West Fork Hood Riv er Wolf Run Brown Creek China Hollow Lake Branch Davis Creek North Fork Mill Creek Indian Creek Herman Creek Odell Creek Long Hollow Coe Bran ch Ladd Creek Neece Canyon Phe lps Creek Mays Canyon Creek Chenoweth Creek Elliot Branch Stubb Hollow Tilly Jane Creek Cla rk Cree k Gree n Poin t Creek McGee Cree k Easton C anyon Sta ndard Hollow Elk Creek Bear Creek Middle Fork Hood River Doe Creek Cedar Creek Ditch Creek Dry Holl ow Newton Creek Po lallie Creek Shotgun Hollow Wisky Gulch Alder Creek Crow Creek Starveout Creek West Fork Mosie r Creek North F ork Fivemile Creek Locust Grove Canyon Griswell Creek Cold Spring Creek Lindsey Cre ek Douglas Hollow South Fo rk Fivemile Creek Hesslan Canyon Ruckel Creek Middle Fork Fiv emile C reek Divers Cre ek Dry Fork Rowena Creek Clear Br anch Opal Creek Henderson Hollow Laurel Creek Dry Creek Viento Creek Emil Creek Dry Run Company Ho llow Fret Creek Badger Creek Puppy Cre ek Gorto n Creek Jones Creek Frank Fu lton Canyon Wa rren Creek Kellar Creek Camp Creek Hon eysuckle Creek Ladore Creek C at C ree k Whiskey Creek Campbell Creek Mitchell Creek Compass Creek We st Fork Evan s Creek Tumbledown Creek Ash Creek Beaver Cre ek Culvert Creek Perham Creek Grays Creek Rimrock Creek Starvation Creek Collins Creek Birdie Creek Hutson Gulch Tumble Creek Deer Creek Baldwin Creek Spring Creek Rudolph Cree k Gate Creek Pocket Creek South Pine Creek Shakehead Creek Little Creek Boomer Creek Casey Creek Inlet Creek Hellroaring Creek Mullinix Creek Dry Creek India n Creek Spring Creek Rail Hollow Dry Creek Camp Creek Salmonid Use Designations1, Hood Basin, Oregon DRAFT, September 24, 2003 Legend Salmonid Use Designations 1:

Bull Trout Juvenile Rearing and Spawning: 12C/ 54F Salmon and Steelhead Core Juvenile Rearing: 16C/ 61F Salmon and Trout 2 Juvenile Rearing and Migration: 18C/ 64F Oregon Cities and Towns WASHINGTON OREGON 1 Based upon summertime salmonid use. 2 Includes all salmon species, steelhead and rainbow trout. Larger streams shown with heavier lines.

Map produced by Bill Bogue, EPA Region 10, September 24, 2003 Columbia River Columbia River Fifteenmile Creek Eightmile Creek


[Federal Register Volume 82, Number 235 (Friday, December 8, 2017)]
[Notices]
[Pages 57976-57981]
[FR Doc No: 2017-26534]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9971-39-OLEM]

Thirty-Second Update of the Federal Agency Hazardous Waste
Compliance Docket

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: Since 1988, the Environmental Protection Agency (EPA) has
maintained a Federal Agency Hazardous Waste Compliance Docket
(``Docket'') under Section 120(c) of the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA). Section 120(c)
requires EPA to establish a Docket that contains certain information
reported to EPA by Federal facilities that manage hazardous waste or
from which a reportable quantity of hazardous substances has been
released. As explained further below, the Docket is used to identify
Federal facilities that should be evaluated to determine if they pose a
threat to public health or welfare and the environment and to provide a
mechanism to make this information available to the public.
    This notice identifies the Federal facilities not previously listed
on the Docket and also identifies Federal facilities reported to EPA
since the last update on June 6, 2017. In addition to the list of
additions to the Docket, this notice includes a section with revisions
of the previous Docket list and a section of Federal facilities that
are to be deleted from the Docket. Thus, the revisions in this update
include 21 additions, 10 deletions, and 7 corrections to the Docket
since the previous update. At the time of publication of this notice,
the new total number of Federal facilities listed on the Docket is
2,349.

DATES: This list is current as of November 10, 2017.

FOR FURTHER INFORMATION CONTACT: Electronic versions of the Docket and
more information on its implementation can be obtained at http://www.epa.gov/fedfac/previous-federal-agency-hazardous-waste-compliance-docket-updates by clicking on the link for Cleanups at Federal
Facilities or by contacting Benjamin Simes ([email protected]),
Federal Agency Hazardous Waste Compliance Docket Coordinator, Federal
Facilities Restoration and Reuse Office (Mail Code 5106R), U.S.
Environmental Protection Agency, 1200 Pennsylvania Avenue NW.,
Washington, DC 20460. Additional information on the Docket and a
complete list of Docket sites can be obtained at: https://www.epa.gov/fedfac/fedfacts.

SUPPLEMENTARY INFORMATION:

Table of Contents

1.0 Introduction
2.0 Regional Docket Coordinators
3.0 Revisions of the Previous Docket
4.0 Process for Compiling the Updated Docket
5.0 Facilities Not Included
6.0 Facility NPL Status Reporting, Including NFRAP Status
7.0 Information Contained on Docket Listing

1.0 Introduction

    Section 120(c) of CERCLA, 42 United States Code (U.S.C.) Sec.
9620(c), as amended by the Superfund Amendments and Reauthorization Act
of 1986 (SARA), requires EPA to establish the Federal Agency Hazardous
Waste Compliance Docket. The Docket contains information on Federal
facilities that manage hazardous waste and such information is
submitted by Federal agencies to EPA under Sections 3005, 3010, and
3016 of the Resource Conservation and Recovery Act (RCRA), 42 U.S.C.
6925, 6930, and 6937. Additionally, the Docket contains information on
Federal facilities with a reportable quantity of hazardous substances
that has been released and such information is submitted by Federal
agencies to EPA under Section 103 of CERCLA, 42 U.S.C. 9603.
Specifically, RCRA Section 3005 establishes a permitting system for
certain hazardous waste treatment, storage, and disposal (TSD)
facilities; RCRA Section 3010 requires waste generators, transporters
and TSD facilities to notify EPA of their hazardous waste activities;
and RCRA Section 3016 requires Federal agencies to submit biennially to
EPA an inventory of their Federal hazardous waste facilities. CERCLA
Section 103(a) requires the owner or operator of a vessel or onshore or
offshore facility to notify the National Response Center (NRC) of any
spill or other release of a hazardous substance that equals or exceeds
a reportable quantity (RQ), as defined by CERCLA Section 101.
Additionally, CERCLA Section 103(c) requires facilities that have
``stored, treated, or disposed of'' hazardous wastes and where there is
``known, suspected, or likely releases'' of hazardous substances to
report their activities to EPA.
    CERCLA Section 120(d) requires EPA to take steps to assure that a
Preliminary Assessment (PA) be completed for those sites identified in
the Docket and that the evaluation and listing of sites with a PA be
completed within a reasonable time frame. The PA is designed to provide
information for EPA to consider when evaluating the site for potential
response action or inclusion on the National Priorities List (NPL).
    The Docket serves three major purposes: (1) To identify all Federal
facilities that must be evaluated to determine whether they pose a
threat to human health and the environment sufficient to warrant
inclusion on the National Priorities List (NPL); (2) to compile and
maintain the information submitted to EPA on such facilities under the
provisions listed in Section 120(c) of CERCLA; and (3) to provide a
mechanism to make the information available to the public.
    The initial list of Federal facilities to be included on the Docket
was published in the Federal Register on February 12, 1988 (53 FR
4280). Since then, updates to the Docket have been published on
November 16, 1988 (53 FR 46364); December 15, 1989 (54 FR 51472);
August 22, 1990 (55 FR 34492); September 27, 1991 (56 FR 49328);
December 12, 1991 (56 FR 64898); July 17, 1992 (57 FR 31758); February
5, 1993 (58 FR 7298); November 10, 1993 (58 FR 59790); April 11, 1995
(60 FR 18474); June 27, 1997 (62 FR 34779); November 23, 1998 (63 FR
64806); June 12, 2000 (65 FR 36994); December 29, 2000 (65 FR 83222);
October 2, 2001 (66 FR 50185); July 1, 2002 (67 FR 44200); January 2,
2003 (68 FR 107); July 11, 2003 (68 FR 41353); December 15, 2003 (68 FR
69685); July 19, 2004 (69 FR 42989); December 20, 2004 (69 FR 75951);
October 25, 2005 (70 FR 61616); August 17, 2007 (72 FR 46218); November
25, 2008 (73 FR 71644); October 13, 2010 (75 FR 62810); November 6,
2012 (77 FR 66609); March 18, 2013 (78 FR 16668); January 6, 2014 (79
FR 654), December 31, 2014 (79 FR 78850); August 17, 2015 (80 FR
49223), March 3, 2016 (81 FR 11212), October 24, 2016 (81 FR 73096) and
June 6, 2017 (82 FR 26092). This notice constitutes the thirty-second
update of the Docket.
    This notice provides some background information on the Docket.
Additional information on the Docket requirements and implementation
are found in the Docket Reference Manual, Federal Agency Hazardous
Waste Compliance Docket found at http://www.epa.gov/fedfac/docket-reference-manual-federal-agency-hazardous-waste-compliance-docket-interim-final or obtained by calling the Regional Docket Coordinators
listed below. This notice also provides changes to the list of sites
included on the Docket in three areas: (1) Additions, (2) Deletions,
and (3) Corrections. Specifically, additions are newly identified
Federal facilities that have been reported to EPA since the last update
and now are included on the Docket; the deletions section lists Federal
facilities that EPA is deleting from the Docket.\1\ The information

submitted to EPA on each Federal facility is maintained in the Docket
repository located in the EPA Regional office of the Region in which
the Federal facility is located; for a description of the information
required under those provisions, see 53 FR 4280 (February 12, 1988).
Each repository contains the documents submitted to EPA under the
reporting provisions and correspondence relevant to the reporting
provisions for each Federal facility.
---------------------------------------------------------------------------

    \1\ See Section 3.2 for the criteria for being deleted from the
Docket.
---------------------------------------------------------------------------

    In prior updates, information was also provided regarding No
Further Remedial Action Planned (NFRAP) status changes. However,
information on NFRAP and NPL status is no longer being provided
separately in the Docket update as it is now available at: http://www.epa.gov/fedfac/fedfacts or by contacting the EPA HQ Docket
Coordinator at the address provided in the FOR FURTHER INFORMATION
CONTACT section of this notice.

2.0 Regional Docket Coordinators

    Contact the following Docket Coordinators for information on
Regional Docket repositories:

    Martha Bosworth (HBS), U.S. EPA Region 1, 5 Post Office Square,
Suite 100, Mail Code: OSRR07-2, Boston, MA 02109-3912, (617) 918-
1407.
    Cathy Moyik (ERRD), U.S. EPA Region 2, 290 Broadway, New York,
NY 10007-1866,<PHONE_NUMBER>.
    Joseph Vitello (3HS12), U.S. EPA Region 3, 1650 Arch Street,
Philadelphia, PA 19107,<PHONE_NUMBER>.
    Leigh Lattimore (4SF-SRSEB), U.S. EPA Region 4, 61 Forsyth St.
SW., Atlanta, GA 30303,<PHONE_NUMBER>.
    David Brauner (SR-6J), U.S. EPA Region 5, 77 W. Jackson Blvd.,
Chicago, IL 60604,<PHONE_NUMBER>.
    Philip Ofosu (6SF-RA), U.S. EPA Region 6, 1445 Ross Avenue,
Dallas, TX 75202-2733,<PHONE_NUMBER>.
    Todd H. Davis (SUPRERSP), U.S. EPA Region 7, 11201 Renner Blvd.,
Lenexa, KS 66219,<PHONE_NUMBER> .
    Ryan Dunham (EPR-F), U.S. EPA Region 8, 1595 Wynkoop Street,
Denver, CO 80202,<PHONE_NUMBER>.
    Leslie Ramirez (SFD-6-1), U.S. EPA Region 9, 75 Hawthorne
Street, San Francisco, CA 94105,<PHONE_NUMBER>.
    Monica Lindeman (ECL, ABU), U.S. EPA Region 10, 1200 Sixth
Avenue, Suite 900, ECL-112, Seattle, WA 98101,<PHONE_NUMBER>.

3.0 Revisions of the Previous Docket

    This section includes a discussion of the additions, deletions, and
corrections, to the list of Docket facilities since the previous Docket
update.

3.1 Additions

    In this notice, 21 Federal facilities are being added to the
Docket. Seven of the twenty-one Federal facilities are being added
primarily because of new information obtained by EPA (for example,
recent reporting of a facility pursuant to RCRA Sections 3005, 3010, or
3016 or CERCLA Section 103). CERCLA Section 120, as amended by the
Defense Authorization Act of 1997, specifies that EPA take steps to
assure that a Preliminary Assessment (PA) be completed within a
reasonable time frame for those Federal facilities that are included on
the Docket. Among other things, the PA is designed to provide
information for EPA to consider when evaluating the site for potential
response action or listing on the NPL.
    For the remaining additions, Code 16(a) was added to include a list
of 14 NPL Facility additions that were part of a Facility that was
already listed in a previous Docket. The NPL Facility additions have
been separated from the original Facility and are now identified as a
unique Facility on the Docket. For these Sites, the date listed in the
Table 1-Additions, is the date the original Facility was listed in the
Docket. No further Site Assessment documentation is required for these
Facilities.

3.2 Deletions

    In this notice, 10 Federal facilities are being deleted from the
Docket. There are no statutory or regulatory provisions that address
deletion of a facility from the Docket. However, if a facility is
incorrectly included on the Docket, it may be deleted from the Docket.
The criteria EPA uses in deleting sites from the Docket include: A
facility for which there was an incorrect report submitted for
hazardous waste activity under RCRA (e.g., 40 CFR 262.44); a facility
that was not Federally-owned or operated at the time of the listing; a
facility included more than once (i.e., redundant listings); or when
multiple facilities are combined under one listing. (See Docket Codes
(Categories for Deletion of Facilities) for a more refined list of the
criteria EPA uses for deleting sites from the Docket). Facilities being
deleted no longer will be subject to the requirements of CERCLA Section
120(d).

3.3 Corrections

    Changes necessary to correct the previous Docket are identified by
both EPA and Federal agencies. The corrections section may include
changes in addresses or spelling, and corrections of the recorded name
and ownership of a Federal facility. In addition, changes in the names
of Federal facilities may be made to establish consistency in the
Docket or between the Superfund Enterprise Management System (SEMS) and
the Docket. For the Federal facility for which a correction is entered,
the original entry is as it appeared in previous Docket updates. The
corrected update is shown directly below, for easy comparison. This
notice includes 7 corrections.

4.0 Process for Compiling the Updated Docket

    In compiling the newly reported Federal facilities for the update
being published in this notice, EPA extracted the names, addresses, and
identification numbers of facilities from four EPA databases--the
WebEOC, the Biennial Inventory of Federal Agency Hazardous Waste
Activities, the Resource Conservation and Recovery Act Information
System (RCRAInfo), and SEMS--that contain information about Federal
facilities submitted under the four provisions listed in CERCLA Section
120(c).
    EPA assures the quality of the information on the Docket by
conducting extensive evaluation of the current Docket list and contacts
the other Federal Agency (OFA) with the information obtained from the
databases identified above to determine which Federal facilities were,
in fact, newly reported and qualified for inclusion on the update. EPA
is also striving to correct errors for Federal facilities that were
previously reported. For example, state-owned or privately-owned
facilities that are not operated by the Federal government may have
been included. Such problems are sometimes caused by procedures
historically used to report and track Federal facilities data.
Representatives of Federal agencies are asked to contact the EPA HQ
Docket Coordinator at the address provided in the FOR FURTHER
INFORMATION CONTACT section of this notice if revisions of this update
information are necessary.

5.0 Facilities Not Included

    Certain categories of facilities may not be included on the Docket,
such as: (1) Federal facilities formerly owned by a Federal agency that
at the time of consideration was not Federally-owned or operated; (2)
Federal facilities that are small quantity generators (SQGs) that have
not, more than once per calendar year, generated more than 1,000 kg of
hazardous waste in any single month; (3) Federal facilities that are
very small quantity generators (VSQGs) that have never generated more
than 100 kg of hazardous waste in any month; (4) Federal facilities
that are solely hazardous waste transportation facilities, as reported
under RCRA Section 3010; and (5) Federal facilities

that have mixed mine or mill site ownership.
    An EPA policy issued in June 2003 provided guidance for a site-by-
site evaluation as to whether ``mixed ownership'' mine or mill sites,
typically created as a result of activities conducted pursuant to the
General Mining Law of 1872 and never reported under Section 103(a),
should be included on the Docket. For purposes of that policy, mixed
ownership mine or mill sites are those located partially on private
land and partially on public land. This policy is found at http://www.epa.gov/fedfac/policy-listing-mixed-ownership-mine-or-mill-sites-created-result-general-mining-law-1872. The policy of not including
these facilities may change; facilities now omitted may be added at
some point if EPA determines that they should be included.

6.0 Facility NPL Status Reporting, Including NFRAP Status

    EPA tracks the NPL status of Federal facilities listed on the
Docket. An updated list of the NPL status of all Docket facilities, as
well as their NFRAP status, is available at http://www.epa.gov/fedfac/fedfacts or by contacting the EPA HQ Docket Coordinator at the address
provided in the FOR FURTHER INFORMATION CONTACT section of this notice.
In prior updates, information regarding NFRAP status changes was
provided separately.

7.0 Information Contained on Docket Listing

    The information is provided in three tables. The first table is a
list of additional Federal facilities that are being added to the
Docket. The second table is a list of Federal facilities that are being
deleted from the Docket. The third table is for corrections.
    The Federal facilities listed in each table are organized by the
date reported. Under each heading is listed the name and address of the
facility, the Federal agency responsible for the facility, the
statutory provision(s) under which the facility was reported to EPA,
and a code.\2\
---------------------------------------------------------------------------

    \2\ Each Federal facility listed in the update has been assigned
a code that indicates a specific reason for the addition or
deletion. The code precedes this list.
---------------------------------------------------------------------------

    The statutory provisions under which a Federal facility is reported
are listed in a column titled ``Reporting Mechanism.'' Applicable
mechanisms are listed for each Federal facility: For example, Sections
3005, 3010, 3016, 103(c), or Other. ``Other'' has been added as a
reporting mechanism to indicate those Federal facilities that otherwise
have been identified to have releases or threat of releases of
hazardous substances. The National Contingency Plan 40 CFR 300.405
addresses discovery or notification, outlines what constitutes
discovery of a hazardous substance release, and states that a release
may be discovered in several ways, including: (1) A report submitted in
accordance with Section 103(a) of CERCLA, i.e., reportable quantities
codified at 40 CFR part 302; (2) a report submitted to EPA in
accordance with Section 103(c) of CERCLA; (3) investigation by
government authorities conducted in accordance with Section 104(e) of
CERCLA or other statutory authority; (4) notification of a release by a
Federal or state permit holder when required by its permit; (5)
inventory or survey efforts or random or incidental observation
reported by government agencies or the public; (6) submission of a
citizen petition to EPA or the appropriate Federal facility requesting
a preliminary assessment, in accordance with Section 105(d) of CERCLA;
(7) a report submitted in accordance with Section 311(b)(5) of the
Clean Water Act; and (8) other sources. As a policy matter, EPA
generally believes it is appropriate for Federal facilities identified
through the CERCLA discovery and notification process to be included on
the Docket.
    The complete list of Federal facilities that now make up the Docket
and the NPL and NFRAP status are available to interested parties and
can be obtained at http://www.epa.gov/fedfac/fedfacts or by contacting
the EPA HQ Docket Coordinator at the address provided in the FOR
FURTHER INFORMATION CONTACT section of this notice. As of the date of
this notice, the total number of Federal facilities that appear on the
Docket is 2,349.

    Dated: November 20, 2017.
Paul Leonard,
Acting Director, Federal Facilities Restoration and Reuse Office,
Office of Land and Emergency Management.

Categories for Deletion of Facilities

    (1) Small-Quantity Generator and Very Small Quantity Generator.
Show citation box.
    (2) Never Federally Owned and/or Operated.
    (3) Formerly Federally Owned and/or Operated but not at time of
listing.
    (4) No Hazardous Waste Generated.
    (5) (This code is no longer used.)
    (6) Redundant Listing/Site on Facility.
    (7) Combining Sites Into One Facility/Entries Combined.
    (8) Does Not Fit Facility Definition.

Categories for Addition of Facilities

    (15) Small-Quantity Generator with either a RCRA 3016 or CERCLA 103
Reporting Mechanism.
    (16) One Entry Being Split Into Two (or more)/Federal Agency
Responsibility Being Split. (16A) NPL site that is part of a Facility
already listed on the Docket.
    (17) New Information Obtained Showing That Facility Should Be
Included.
    (18) Facility Was a Site on a Facility That Was Disbanded; Now a
Separate Facility.
    (19) Sites Were Combined Into One Facility.
    (19A) New Currently Federally Owned and/or Operated Facility Site.

Categories for Corrections of Information About Facilities

    (20) Reporting Provisions Change.
    (20A) Typo Correction/Name Change/Address Change.
    (21) Changing Responsible Federal Agency. (If applicable, new
responsible Federal agency submits proof of previously performed PA,
which is subject to approval by EPA.)
    (22) Changing Responsible Federal Agency and Facility Name. (If
applicable, new responsible Federal Agency submits proof of previously
performed PA, which is subject to approval by EPA.)
    (24) Reporting Mechanism Determined To Be Not Applicable After
Review of Regional Files.

                                         Federal Agency Hazardous Waste Compliance Docket Update #32--Additions
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Reporting
        Facility name               Address            City         State    Zip code        Agency          mechanism         Code           Date
--------------------------------------------------------------------------------------------------------------------------------------------------------
AMERICAN LAKE GARDENS/MCCHORD  555 BARNES BLVD.  TACOMA..........  WA            98438  AIR FORCE......  CERCLA 103              16(a)  2/12/88.
 AFB.                           MCCHORD AIR
                                FORCE BASE.
US ARMY SOLDIER SUPPORT CTR..  BLDG #28........  FORT BENJAMIN...  IN            46216  ARMY...........  RCRA 3016                  17  UPDATE #32.
JOLIET ARMY AMMUNITION PLANT   6 MI S OF ELWOOD  JOLIET..........  IL            60434  ARMY...........  RCRA 3010               16(a)  2/12/88.
 (LOAD-ASSEMBLY-PACKING AREA).  OFF RTE 53.
FORT LEWIS (LANDFILL NO. 5)..  ATTN: AFZH-FEQ    TACOMA..........  WA            53053  ARMY...........  CERCLA 103              16(a)  2/12/88.
                                11 MI E OF
                                OLYMPIA.
#1 RAVINE UNDER LAKE MONROE..  ................  BLOOMINGTON.....  IN            47401  ARMY CORPS OF    CERCLA 103                 17  UPDATE #32.
                                                                                ENGINEERS.
FEED MATERIALS PRODUCTION      7400 WILEY ROAD.  HAMILTON........  OH            45013  ENERGY.........  RCRA 3005               16(a)  2/12/88.
 CENTER (USDOE).
WELDON SPRING QUARRY/PLANT/    7295 HIGHWAY 94   ST. CHARLES.....  MO            63304  ENERGY.........  RCRA 3010               16(a)  2/12/88.
 PITS (USDOE/ARMY).             SOUTH.
HANFORD 100-AREA (USDOE).....  100 AREA........  BENTON COUNTY...  WA            99352  ENERGY.........  RCRA 3005               16(a)  2/12/88.
HANFORD 1100-AREA (USDOE)....  1100 AREA.......  BENTON COUNTY...  WA            99352  ENERGY.........  RCRA 3005               16(a)  2/12/88.
HANFORD 300-AREA (USDOE).....  300 AREA........  BENTON COUNTY...  WA            99352  ENERGY.........  RCRA 3005               16(a)  2/12/88.
USGS--LUDINGTON BIOLOGICAL     229 S JEBAVY      LUDINGTON.......  MI            49431  INTERIOR.......  CERCLA 103                 17  UPDATE #32.
 STATION.                       DRIVE.
USFWS HART MOUNTAIN NATIONAL   +42.41275 N, -    HART MOUNTAIN...  OR            38782  INTERIOR.......  RCRA 3016                  17  UPDATE #32.
 REFUGE--CORRAL DIP TANK        119.71948 W,
 SITE, OREGON.                  APPROX. .2 MI
                                SE FROM POST
                                MEADOWS ROAD.
ATLANTIC FLEET WEAPONS         ISLAND OF         VIEQUES.........  PR            00765  NAVY...........  CERCLA 103              16(a)  9/7/07.
 TRAINING AREA.                 VIEQUES.
TREASURE ISLAND NAVAL STATION- HUNTERS POINT     SAN FRANCISCO...  CA            94124  NAVY...........  RCRA 3005               16(a)  2/12/88.
 HUNTERS POINT ANNEX.           NAVAL SHIPYARD.
BANGOR ORDNANCE DISPOSAL       CLEAR CREEK       BREMERTON.......  WA            98315  NAVY...........  ................        16(a)  2/12/88.
 (USNAVY).                      ROAD, BLDG 1100.
NAVAL AIR STATION, WHIDBEY     1 MI NE OF E      WHIDBEY ISLAND..  WA            98278  NAVY...........  ................        16(a)  2/12/88.
 ISLAND (SEAPLANE BASE).        PIONEER WAY &
                                TORPEDO INTSC.
CAL WEST METALS (USSBA)......  I-25 & US60 & 85  LEMITAR.........  NM            87823  SMALL BUSINESS   RCRA 3005               16(a)  6/24/88.
                                W FRONTAGE.                                              ADMINISTRATION.
US DOT FAA STATION, KATALLA..  +60.194687 N, -   KATALLA.........  AK            99574  TRANSPORTATION.  RCRA 3010                  17  UPDATE #32.
                                144.5188 W,
                                VALDEZ-CORDOVA
                                CENSUS AREA, 47
                                MILES SE OF
                                CORDOVA.
STANDARD STEEL & METAL         2400 RAILROAD     ANCHORAGE.......  AK            99501  TRANSPORTATION.  ................        16(a)  12/15/89.
 SALVAGE YARD (USDOT).          AVENUE.
24 RESEARCH PARKWAY..........  24 RESEARCH       WALLINGFORD.....  CT            06492  USPS...........  CERCLA 103                 15  UPDATE #32.
                                PARKWAY.
700 SOUTH 1600 EAST PCE PLUME  700 SOUTH 1600    SALT LAKE CITY..  UT            84102  VETERANS         CERCLA 103                 17  UPDATE #32.
                                EAST PCE PLUME.                                          AFFAIRS.
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                             Federal Agency Hazardous Waste Compliance Docket Update #32--Deletions
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
           Facility name                   Address                  City                State         Zip code          Agency          Reporting mechanism       Code              Date
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
POINT PLEASANT ORGANIZATIONAL       RTE 62, N 6 MI (OLD    POINT PLEASANT.......  WV                      25550  ARMY................  RCRA 3016                        2  6/11/95.
 MAINTENANCE SHOP #6.                ORD WKS).
WV ARMY NATIONAL GUARD............  RT 62 N..............  POINT PLEASANT.......  WV                ...........  ARMY................  CERCLA 103                       6  9/27/91.
DOD JOINT SYSTEMS MFG CENTER......  1155 BUCKEYE RD......  LIMA.................  OH                      45804  ARMY................  RCRA 3010                        6  6/6/17.
TRANSPORTATION SECURITY             NW 20TH ST BLDG 3050.  MIAMI................  FL                      33142  HOMELAND SECURITY...  RCRA 3010                        2  1/6/14.
 ADMINISTRATION (MIA).

US CG--HISTORIC ATON 37 LAKE COEUR  T50N R4W SEC 23......  COEUR D'ALENE........  ID                      83814  HOMELAND SECURITY...  RCRA 3010                        1  6/6/17.
 D'ALENE.
BLM-A&W SMELTER...................  .....................  ROSAMUND.............  CA                ...........  INTERIER............  CERCLA 103                       6  2/5/93.
JOHNSTON ATOLL NATIONAL WILDLIFE    16.728611 N,           JOHNSTON ATOLL.......  JOHNSTON ATOLL    ...........  INTERIOR............  RCRA 3010                        6  2/12/88.
 REFUGE.                             169.534167 W.
HOOVER DAM........................  .....................  BOULDER CITY.........  NV                      89005  INTERIOR............  RCRA 3010                        4  9/27/91.
FWS-SHELDON NATIONAL WILDLIFE       HUMBOLT AND WASHOE     .....................  NV                ...........  INTERIOR............  RCRA 3016                        8  7/19/04.
 REFUGE.                             COUNTIES.
QUESTAR PIPELINE COMPANY EAKIN      HIGHWAY 189 N........  KEMMERER.............  WY                      83101  INTERIOR............  RCRA 3010                        2  8/17/15.
 STATION.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

                                        Federal Agency Hazardous Waste Compliance Docket Update #32--Corrections
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Reporting
        Facility name               Address            City         State    Zip code        Agency          mechanism         Code           Date
--------------------------------------------------------------------------------------------------------------------------------------------------------
OTTAWA NATIONAL FOREST SITE..  2100 E CLOVEDAND  WATERSMEET......  MI            49969  AGRICULTURE....  RCRA 3010               20(a)  09/27/91.
                                DR.
ROBBINS POND DDT BURIAL SITE.  2100 E CLOVEDAND  WATERSMEET......  MI            49969  AGRICULTURE....  RCRA 3010         ...........  09/27/91.
                                DR.
FORT LEWIS...................  T19N R2E S21,     FORT LEWIS......  WA            98433  ARMY...........  RCRA 3005               20(a)  02/12/88.
                                22, 26&27, 11
                                MI E OF OLYMPIA.
FORT LEWIS LOGISTICS CENTER..  T19N R2E S21,     FORT LEWIS......  WA            98433  ARMY...........  RCRA 3005         ...........  02/12/88.
                                22, 26&27, 11
                                MI E OF OLYMPIA.
HANFORD SITE.................  HANFORD SITE....  RICHLAND........  WA            99352  ENERGY.........  RCRA 3005               20(a)  02/12/88.
HANFORD 200-AREA (USDOE).....  200 AREA........  BENTON COUNTY...  WA            99352  ENERGY.........  RCRA 3005         ...........  02/12/88.
SAM NUNN ATLANTA FEDERAL       45 BROAD ST.....  ATLANTA.........  GA            30303  GENERAL          RCRA 3010               20(a)  11/23/98.
 CENTER PROJECT.                                                                         SERVICES
                                                                                ADMINISTRATION.
ATLANTA FEDERAL CENTER         45 BROAD ST.....  ATLANTA.........  GA            30303  GENERAL          RCRA 3010         ...........  11/23/98.
 PROJECT.                                                                                SERVICES
                                                                                ADMINISTRATION.
LYONS STATION................  45 MI. SO OF      ENNIS...........  MT            59749  INTERIOR.......  RCRA 3010                  22  02/05/93.
                                ENNIS ON HWY
                                287.
LYONS STATION................  45 MI. SO OF      ENNIS...........  MT            59749  AGRICULTURE....  RCRA 3010         ...........  02/05/93.
                                ENNIS ON HWY
                                287.
WEST FORK RANGER DISTRICT....  15 MILES SOUTH    WEST FORK RS....  MT            59829  INTERIOR.......  RCRA 3010                  22  02/05/93.
                                OF DARBY MT ON.
WEST FORK RANGER DISTRICT....  15 MILES SOUTH    WEST FORK RS....  MT            59829  AGRICULTURE....  RCRA 3010         ...........  02/05/93.
                                OF DARBY MT ON.
USMC SUPPORT FACILITY--BLOUNT  5880 CHANNEL      JACKSONVILLE....  FL       32226-3404  NAVY...........  RCRA 3010               20(a)  12/31/14.
 ISLAND.                        VIEW DR.
COMMANDER NAVY REGION          5880 CHANNEL      JACKSONVILLE....  FL       32226-3404  NAVY...........  RCRA 3010         ...........  12/31/14.
 SOUTHEAST.                     VIEW DR.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 2017-26534 Filed 12-7-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 89 (Wednesday, May 8, 2013)]
[Notices]
[Pages 26823-26826]
[FR Doc No: 2013-10871]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-69494; File No. SR-DTC-2013-03]

Self-Regulatory Organizations; the Depository Trust Company;
Notice of Filing of Proposed Rule Change in Connection With the
Implementation of the Foreign Account Tax Compliance Act (FATCA)

May 2, 2013.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Exchange Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby
given that on April 22, 2013 The Depository Trust Company (``DTC'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I, II and III below, which
Items have been substantially prepared by DTC. The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested persons.
---------------------------------------------------------------------------

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

I. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change

    The proposed rule change modifies DTC's Rules & Procedures
(``Rules''), as described below, in connection with the implementation
of sections 1471 through 1474 of the Internal Revenue Code of 1986, as
amended, which sections were enacted as part of the Foreign Account Tax
Compliance Act, and the Treasury Regulations or other official
interpretations thereunder (collectively ``FATCA'').

II. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

    In its filing with the Commission, DTC included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. DTC has prepared summaries, set forth in sections A, B
and C below, of the most significant aspects of such statements.\3\
---------------------------------------------------------------------------

    \3\ The Commission has modified the text of the summaries
prepared by the clearing agency.
---------------------------------------------------------------------------

(A) Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

Background
    FATCA was enacted on March 18, 2010, as part of the Hiring
Incentives to

Restore Employment Act, and became effective, subject to transition
rules, on January 1, 2013. The U.S. Treasury Department finalized and
issued various implementing regulations (``FATCA Regulations'') on
January 17, 2013. FATCA's intent is to curb tax evasion by U.S.
citizens and residents through their use of offshore bank accounts.
FATCA generally requires foreign financial institutions (``FFIs'') \4\
to become ``participating FFIs'' by entering into agreements with the
Internal Revenue Service (``IRS''). Under these agreements, FFIs are
required to report to the IRS information on U.S. persons and entities
that have (directly or indirectly) accounts with these FFIs. If an FFI
does not enter into such an agreement with the IRS, FATCA will impose a
30% withholding tax on U.S.-source interest, dividends and other
periodic amounts paid to such ``nonparticipating FFI'' (``Income
Withholding''), as well as on the payment of gross proceeds arising
from the sale, maturity or redemption of securities or any instrument
yielding U.S.-source interest and dividends (``Gross Proceeds
Withholding,'' and, together with Income Withholding, ``FATCA
Withholding''). The 30% FATCA Withholding taxes will apply to payments
made to a nonparticipating FFI acting in any capacity, including
payments made to a nonparticipating FFI that is not the beneficial
owner of the amount paid and acting only as a custodian or other
intermediary with respect to such payment. To the extent that U.S.-
source interest, dividend, and other periodic amount or gross proceeds
payments are due to a nonparticipating FFI in any capacity, a U.S.
payor, such as DTC, transmitting such payments to the nonparticipating
FFI will be liable to the IRS for any amounts of FATCA Withholding that
the U.S. payor should, but does not, withhold and remit to the IRS with
respect to those payments.
---------------------------------------------------------------------------

    \4\ Non-U.S. financial institutions are referred to as ``foreign
financial institutions'' or ``FFIs'' in the FATCA Regulations.
---------------------------------------------------------------------------

    As an alternative to FFIs entering into individual agreements with
the IRS, the U.S. Treasury Department provided another means of
complying with FATCA for FFIs which are resident in jurisdictions that
enter into intergovernmental agreements (``IGA'') with the United
States.\5\ Generally, such a foreign jurisdiction (``FATCA Partner'')
would pass laws to eliminate the conflicts of law issues that would
otherwise make it difficult for FFIs in its jurisdiction to collect the
information required under FATCA and transfer this information,
directly or indirectly, to the United States. An FFI resident in a
FATCA Partner jurisdiction would either transmit FATCA reporting to its
local competent tax authority, which in turn would transmit the
information to the IRS, or the FFI would be authorized/required by
FATCA Partner law to enter into an FFI agreement and transmit FATCA
reporting directly to the IRS. Under both IGA models, payments to such
FFIs would not be subject to FATCA Withholding taxes so long as the FFI
complies with the FATCA Partner's laws mandated in the IGA.
---------------------------------------------------------------------------

    \5\ As of the date of this proposed rule change filing, the
United Kingdom, Mexico, Ireland, Switzerland, Spain, Norway,
Denmark, Italy and Germany have signed or initialed an IGA with the
United States. The U.S. Treasury Department has announced that it is
engaged in negotiations with more than 50 countries and
jurisdictions regarding entering into an IGA.
---------------------------------------------------------------------------

    Under the FATCA Regulations, (A) beginning January 1, 2014, DTC
will be required to do Income Withholding on any payments made to any
nonparticipating FFI approved for membership by DTC as of such date or
thereafter, (B) beginning July 1, 2014, DTC will be required to do
Income Withholding on any payments made to any nonparticipating FFI
approved for membership by DTC prior to January 1, 2014 and (C)
beginning January 1, 2017, DTC will be required to do Gross Proceeds
Withholding on all nonparticipating FFIs, regardless when any such
FFI's membership was approved.
    DTC already has established tax services that are currently
available to its Participants in which DTC, in accordance with sections
1441 through 1446 of the Code, withholds on certain payments of income
made to certain of its Participants. Thus, DTC can and intends to
support certain FATCA Income Withholding as part of such established
tax services. However, for the reasons described below, DTC is not in a
position to accept any liability that would result from Gross Proceeds
Withholding and, by making the proposed rule changes set forth herein,
is implementing preventive measures to protect itself against the
obligation for any such Gross Proceeds Withholding and any resulting
liability.
Preparing for Implementation of FATCA
    In preparation for FATCA's implementation, FFIs are being asked to
identify their expected FATCA status as a condition of continuing to do
business. Customary legal agreements in the financial services industry
already contain provisions allocating the risk of any FATCA Withholding
tax that will need to be collected, and requiring that, upon FATCA's
effectiveness, foreign counterparties must certify (and periodically
recertify) their FATCA status using the relevant tax forms that the IRS
has announced it will provide.\3\ Advance disclosure by an FFI client
or counterparty would permit a withholding agent to readily determine
whether it must, under FATCA, withhold on payments it makes to the FFI.
If an FFI fails to provide appropriate compliance documentation to a
withholding agent, such FFI would be presumed to be a nonparticipating
FFI and the withholding agent will be obligated to withhold on certain
payments.
    As it applies to DTC specifically, FATCA will require DTC to deduct
FATCA Withholding on payments to certain of its Participants arising
from certain transactions processed by DTC on behalf of such
Participants.\6\ Because FATCA treats any entity holding financial
assets for the account of others as a ``financial institution,'' and
almost all Participants hold financial assets for the account of
others, new and existing Participants which are treated as non-U.S.
entities for federal income tax purposes, including those members and
limited members that are U.S. branches of non-U.S. entities
(collectively, ``FFI Participants'') \7\ will likely be FFIs under
FATCA. As such, DTC will be liable to the IRS for the amounts
associated with any failures to withhold correctly under FATCA on
payments made to its FFI Participants.
---------------------------------------------------------------------------

    \6\ FFI participants resident in IGA countries, that are
compliant with the terms of applicable IGAs, should not be subject
to FATCA Withholding.
    \7\ Currently, only a small percentage of the Corporation's
Participants are treated as non-U.S. entities for federal income tax
purposes.
---------------------------------------------------------------------------

    In light of this, DTC has evaluated its existing systems and
services to determine whether and how it may comply with its FATCA
obligations. As a result of this evaluation, DTC has determined that
its existing systems are incapable of processing and accounting for
Gross Proceeds Withholding with regard to the securities transactions
processed by it, as no similar withholding obligation of this magnitude
has ever been imposed on it to date and DTC has therefore not built
systems to support such an obligation.
    Additionally, DTC nets credits and debits per Participant for end
of day net funds settlement. There is further netting with DTC's
affiliated central counterparty, National Securities Clearing
Corporation (``NSCC'') and further netting on a settling bank basis;
the effect of this netting is to significantly reduce the number and
magnitude of payments made via the NSS System of the Federal Reserve.
Gross Proceeds Withholding would

foreclose such netting, greatly reducing liquidity available to the
system and Participants, increasing systemic risk. Furthermore, given
DTC's netting, undertaking Gross Proceeds Withholding could require DTC
in certain circumstances to apply its Participants Fund in order to
fund FATCA Withholding taxes with regard to nonparticipating FFI
Participants in non-FATCA Partner jurisdictions whenever the net credit
owed to such FFI Participant is less than the 30% FATCA tax. In the
view of DTC, this would not be the best application of such funds which
are required to support liquidity and satisfy losses attributable to
the settlement activities of DTC, inter alia. For example, if a
nonparticipating FFI is owed a $100M gross payment from the sale or
maturity of U.S. securities, but such nonparticipating FFI is in a net
debit settlement position at the end of that day because of DTC's end
of day net crediting and debiting, and the other netting described
above, there would be no payment to this FFI Participant from which DTC
could withhold. In this example, DTC would likely need to fund the $30M
FATCA Withholding tax until such time as the FFI Participant can
reimburse DTC.\6\ In that case, DTC would need to consider an increase
in the amount of cash required to be deposited into the Participants
Fund, either by FFI Participants or all Participants, which would
reduce liquidity resources of Participants and could have significant
systemic effects. The amount of the FATCA Gross Proceeds Withholding
taxes would be removed from market liquidity, which could lead to
increased risk of Participant failure and increased financial
instability.
    For the reasons explained above and the following additional
reasons, DTC is proposing amendments to its Rules (detailed below) to
implement preventive measures that would generally require all of DTC's
FFI Participants not to cause a Gross Proceeds Withholding obligation
on DTC:
     Undertaking Gross Proceeds Withholding by DTC (even if
possible) would make it economically discouraging for affected FFI
Participants to engage in transactions involving U.S. securities. It
would likely also quickly cause a significant negative impact on
liquidity because such withholding taxes would be imposed on the very
large gross amounts due to such FFI Participants. Furthermore,
Participants would be burdened with extra costs and the negative impact
on liquidity caused by the likely need to substantially increase the
amount of cash required to be deposited into the Participants Fund.
     The cost of implementing a Gross Proceeds Withholding
system for a small number of nonparticipating FFI Participants would be
substantial and disproportionate to the related benefit. Under the
Model I IGA form and its executed versions with various FATCA Partners,
DTC would not be required to withhold with regard to FFI residents in
such FATCA Partner jurisdictions. Accordingly, DTC's withholding
obligations under FATCA would effectively be limited to
nonparticipating FFI Participants in non-FATCA Partner jurisdictions.
Since the cost of developing and maintaining a complex Gross Proceeds
Withholding system would be passed on to DTC's Participants at large,
it may burden Participants that otherwise comply with, or are not
subject to, FATCA Withholding.
     As briefly noted above, if the proposed rule changes were
not to take effect, in order to avoid counterparty credit risk, DTC
would likely require each of the nonparticipating FFI Participants in
non-FATCA Partner jurisdictions to make initial or additional cash
deposits to the Participants Fund as liquidity for the approximate
potential FATCA tax liability of such nonparticipating FFI Participant
or otherwise adjust required deposits to the Participants Fund. The
amount of such deposits, which could amount to billions of dollars,
would be removed from market liquidity.
     From the nonparticipating FFI Participant's perspective,
having 30% of its payments withheld and sent to the IRS would have a
severe negative impact on such nonparticipating FFI Participants'
financial stability. In most cases, the gross receipts are for client
accounts, and the nonparticipating FFI Participant would need to make
such accounts whole. Without receipt of full payment for its
dispositions, the nonparticipating FFI Participant would not have
sufficient assets to fund its client accounts.
     The proposed rule changes set forth herein will not create
an undue burden for Participants because requiring FFIs to certify (and
to periodically recertify) their FATCA status, and imposing the costs
of non-compliance on them, are becoming standard market practice in the
United States, separate and apart from being a Participant of DTC.
Proposed Rule Changes
    In line with its risk management focus, DTC has determined that
compliance with FATCA, such that DTC shall not be responsible for Gross
Proceeds Withholding, should be a general membership requirement (A)
for all applicants that are treated as non-U.S. entities for U.S.
federal income tax purposes, and (B) for all existing FFI
Participants.\8\ In connection therewith, DTC proposes to amend its
Rules as follows:
---------------------------------------------------------------------------

    \8\ DTC may grant a waiver under certain circumstances,
provided, however, that DTC will not grant a waiver if it causes DTC
to be obligated to withhold under FATCA on gross proceeds from the
sale or other disposition of any property.
---------------------------------------------------------------------------

     Amending Rule 1: adding ``FATCA,'' ``FATCA
Certification,'' ``FATCA Compliance Date,'' \9\ ``FATCA Compliant,''
and ``FFI Participant'' to Section 2 as terms cross-referenced from
Rule 2, Section 9;
---------------------------------------------------------------------------

    \9\ Although FATCA Withholding with regard to FFI Participants
approved for membership by the Corporation prior to January 1, 2014
is first required under FATCA beginning July 1, 2014, the proposed
amendments to the Rules would require such existing FFI Participants
to be FATCA compliant approximately 60 days prior to July 1, 2014 in
order for the Corporation to comply with its disciplinary and notice
processes as set forth in its Rules.
---------------------------------------------------------------------------

     Amending Section 1 of Rule 2: adding the requirements
that, (i) with regard to any applicant that shall be an FFI
Participant, such applicant must be FATCA Compliant, and (ii) as a
qualification for activation of its membership that each applicant
approved by DTC complete and deliver to DTC a FATCA Certification; and
     Adding new Section 9 of Rule 2: (i) Requiring all FFI
Participants (both new and existing) to agree not to conduct any
transaction or activity through DTC if such Participant is not FATCA
Compliant, (ii) requiring all FFI Participants to certify and, as
required under the timelines set forth under FATCA, periodically
recertify, to DTC, in accordance with the timelines set out under
FATCA, that they are FATCA Compliant, (iii) specifying that failure to
be FATCA Compliant creates a duty upon an FFI Member (both new and
existing) to inform DTC, (iv) providing that Participants that violate
the provisions of Section 9 are subject to disciplinary sanction or
other applicable actions by DTC in accordance with the Rules,
including, but not limited to, a fine, as well as restrictions of
services to the Participant and/or ceasing to act for the Participant
in accordance with Rule 10, and (v) requiring all FFI Participants to
indemnify DTC for any losses sustained by DTC resulting from such FFI
Participants' failure to be FATCA Compliant. In addition, Rule 2,
Section 9 will include the definitions for ``FATCA,'' ``FATCA
Certification,'' ``FATCA Compliance Date,'' ``FATCA Compliant,'' and
``FFI Participant''.

     In addition, DTC will modify its Policy Statement on the
Admission of Non-U.S. Entities as Direct Depository Participants to
reference the Rules requirements of foreign entities which are treated
as non-U.S. entities for tax purposes.
     Sections 17A(b)(3)(F) \10\ and 17A(b)(3)(D) \11\ of the
Exchange Act require that registered clearing agencies be designed to
promote the prompt and accurate clearance and settlement of securities
transactions, and the safeguarding of funds related thereto, and that
the rules of such clearing agencies provide for the equitable
allocation of reasonable dues, fees, and other charges among their
participants. DTC believes the proposed rule changes are designed to
promote the prompt and accurate clearance and settlement of securities
transactions by eliminating any uncertainty in funds settlement that
would arise if DTC were subject to Gross Proceeds Withholding
obligations under FATCA. The proposed rule changes are also designed to
maintain fairness in the allocation of costs among Participants of DTC
because these proposed rule changes allow DTC to comply with FATCA
Regulations without developing and maintaining a complex Gross Proceeds
Withholding system, the cost of which, as discussed above, would be
passed on to DTC's Participants at large for the benefit of a small
number of nonparticipating FFI Members.
---------------------------------------------------------------------------

    \10\ 12 U.S.C. 78q-1(b)(3)(F).
    \11\ 12 U.S.C. 78q-1(b)(3)(D).
---------------------------------------------------------------------------

(B) Clearing Agency's Statement on Burden on Competition

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

(C) Clearing Agency's Statement on Comments on the Proposed Rule Change
Received from Members, Participants, or Others

    DTC has not solicited, and does not intend to solicit, comments
regarding the proposed rule changes. DTC has not received any
unsolicited written comments from interested parties. To the extent DTC
receives written comments on the proposed rule changes, DTC will
forward such comments to the Commission.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) By order approve or disapprove such proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-DTC-2013-03 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-DTC-2013-03. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of DTC and on DTC's
Web site: http://www.dtcc.com/legal/rule_filings/dtc/2013.php. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-DTC-2013-03 and should be
submitted on or before May 29, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

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

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-10871 Filed 5-7-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 140 (Monday, July 22, 2019)]
[Proposed Rules]
[Pages 35044-35047]
[FR Doc No: 2019-15445]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2019-0109; Airspace Docket No. 19-ASO-2]
RIN 2120-AA66

Proposed Amendment of the Class D and Class E Airspace,
Establishment of Class E Airspace, and Revocation of Class E Airspace;
Louisville, KY

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to amend the Class D airspace and Class E
surface airspace at Bowman Field, Louisville, KY; establish Class E
surface airspace designated as an extension to a Class C surface area
at Louisville Muhammad Ali International Airport, Louisville, KY;
revoke the Class E airspace designated as an extension to a Class D or
Class E surface area at Bowman Field Airport; and amend Class E
airspace extending upward from 700 feet above the surface at Louisville
Muhammad Ali International Airport and Bowman Field Airport. The FAA is
proposing this action as the result of the decommissioning of the
Bowman VHF omnidirectional range (VOR) navigation aid, which provided
navigation information for the instrument procedures at these airports,
as part of the VOR Minimum Operational Network (MON) Program. The name
of the Louisville Muhammad Ali International Airport would also be
updated to coincide with the FAA's aeronautical database.

DATES: Comments must be received on or before September 5, 2019.

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<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2019-

0109; Airspace Docket No. 19-ASO-2, 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 7400.11C, 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: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11C at NARA, call<PHONE_NUMBER>, or go
to http://www.archives.gov/federal-register/cfr/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 the Class D airspace and Class E surface airspace at
Bowman Field, Louisville, KY; establish Class E surface airspace
designated as an extension to a Class C surface area at Louisville
Muhammad Ali International Airport, Louisville, KY; revoke the Class E
airspace designated as an extension to a Class D or Class E surface
area at Bowman Field Airport; and amend Class E airspace extending
upward from 700 feet above the surface at Louisville Muhammad Ali
International Airport and Bowman Field Airport to support instrument
flight rule operations at these airports.

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-2019-0109/
Airspace Docket No. 19-ASO-2.'' The postcard will be date/time stamped
and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this notice may be changed in light of the
comments received. A report summarizing each substantive public contact
with FAA personnel concerned with this rulemaking will be filed in the
docket.

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.faa.gov/air_traffic/publications/airspace_amendments/.
    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 7400.11C, Airspace
Designations and Reporting Points, dated August 13, 2018, and effective
September 15, 2018. FAA Order 7400.11C is publicly available as listed
in the ADDRESSES section of this document. FAA Order 7400.11C 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:
    Amending the Class D airspace to within a 4-mile radius (previously
a 3.9-mile radius) of Bowman Field Airport, Louisville, KY; and
updating the name of the Louisville Muhammad Ali International Airport
(previously Louisville International Airport), Louisville, KY, to
coincide with the FAA's aeronautical database;
    Amending the Class E surface airspace to within a 4-mile radius
(previously a 3.9-mile radius) of Bowman Field Airport to 2,200 feet
MSL; adding an exclusion area above 2,200 MSL; and updating the name of
the Louisville Muhammad Ali International Airport (previously
Louisville International Airport) to coincide with the FAA's
aeronautical database;
    Establishing Class E surface airspace designated as an extension to
a Class C surface area at Louisville Muhammad Ali International Airport
extending within 1 mile each side of the 165[deg] bearing of the
Louisville Muhammad Ali International: RWY 35R-LOC extending from the
5-mile radius of Louisville Muhammad Ali International Airport to 5.5
miles south of the Louisville Muhammad Ali International: RWY 35R-LOC;
and within 1 mile each side of the 165[deg] bearing of the Louisville
Muhammad Ali International: RWY 35L-LOC extending from the 5-mile
radius of Louisville Muhammad Ali International Airport to 5.5 miles
south of the Louisville Muhammad Ali International: RWY 35L-LOC; and
within 1 mile each side of the 165[deg] bearing of the Louisville
Muhammad Ali International Airport extending from the 5-mile radius of
Louisville Muhammad Ali International Airport to 5.5 miles south of the
Louisville Muhammad Ali International Airport;
    Removing the Class E airspace designated as an extension to Class D
and Class E surface area at Bowman Field Airport, as it is no longer
required;

    And amending the Class E airspace extending upward from 700 feet
above the surface to within a 7.5-mile radius (decreased from a 10-mile
radius) of Louisville Muhammad Ali International Airport; and within a
6.5-mile radius (reduced from a 10-mile radius) of Bowman Field
Airport; and would update the name of Louisville Muhammad Ali
International Airport to coincide with the FAA's aeronautical database.
    This action is the result of an airspace review caused by the
decommissioning of the Bowman VOR, which provided navigation
information for the instrument procedures at these airports, as part of
the VOR MON Program.
    Class D and E airspace designations are published in paragraph
5000, 6002, 6003, 6004, and 6005, respectively, of FAA Order 7400.11C,
dated August 13, 2018, and effective September 15, 2018, which is
incorporated by reference in 14 CFR 71.1. The Class D and 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
7400.11C, Airspace Designations and Reporting Points, dated August 13,
2018, and effective September 15, 2018, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

ASO KY D Louisville, KY [Amended]

Bowman Field Airport, KY
    (Lat. 38[deg]13'41'' N, long. 85[deg]39'49'' W)
Louisville Muhammad Ali International Airport, KY
    (Lat. 38[deg]10'27'' N, long. 85[deg]44'11'' W)

    That airspace extending upward from the surface to but not
including 2,200 feet MSL within a 4-mile radius of Bowman Field
Airport, excluding that portion within the Louisville Muhammad Ali
International Airport Class C airspace area, and excluding that
portion south of the 081[deg] bearing from Louisville Muhammad Ali
International Airport, and also excluding that portion north of the
Louisville Muhammad Ali International Airport Class C airspace area
and west of a line drawn from lat. 38[deg]11'28'' N, long.
85[deg]42'01'' W direct thru the point where the 030[deg] bearing
from Louisville Muhammad Ali International Airport intersects the 5-
mile radius from Louisville Muhammad Ali International Airport to
the point of intersection with the 4-mile radius from Bowman Field
Airport. This Class D airspace area is effective during the specific
dates and times established in advance by a Notice to Airmen. The
effective date and time will thereafter be continuously published in
the Chart Supplement.

Paragraph 6002 Class E Airspace Areas Designated as a Surface Area.

* * * * *

ASO KY E2 Louisville, KY [Amended]

Bowman Field Airport, KY
    (Lat. 38[deg]13'41'' N, long. 85[deg]39'49'' W)
Louisville Muhammad Ali International Airport, KY
    (Lat. 38[deg]10'27'' N, long. 85[deg]44'11'' W)

    That airspace extending upward from the surface to but not
including 2,200 feet MSL within a 4-mile radius of Bowman Field
Airport, excluding that portion within the Louisville Muhammad Ali
International Airport Class C airspace area, and excluding that
portion south of the 081[deg] bearing from Louisville Muhammad Ali
International Airport, and also excluding that portion north of the
Louisville Muhammad Ali International Airport Class C airspace area
and west of a line drawn from lat. 38[deg]11'28'' N, long.
85[deg]42'01'' W direct thru the point where the 030[deg] bearing
from Louisville Muhammad Ali International Airport intersects the 5-
mile radius from Louisville Muhammad Ali International Airport to
the point of intersection with the 4-mile radius from Bowman Field
Airport. This Class E airspace area is effective during the specific
dates and times established in advance by a Notice to Airmen. The
effective date and time will thereafter be continuously published in
the Chart Supplement.

Paragraph 6003 Class E Airspace Areas Designated as an Extension to
a Class C Surface Area.

* * * * *

ASO KY E3 Louisville, KY [Established]

Louisville Muhammad Ali International Airport, KY
    (Lat. 38[deg]10'27'' N, long. 85[deg]44'11'' W)
Louisville Muhammad Ali International: RWY 35R-LOC
    (Lat. 38[deg]11'21'' N, long. 85[deg]43'55'' W)
Louisville Muhammad Ali International: RWY 35L-LOC
    (Lat. 38[deg]11'17'' N, long. 85[deg]44'57'' W)

    That airspace extending upward from the surface within 1 mile
each side of the 165[deg] bearing from the Louisville Muhammad Ali
International: RWY 35R-LOC extending from the 5-mile radius of the
Louisville Muhammad Ali International Airport to 5.5 miles south of
the Louisville Muhammad Ali International: RWY 35R-LOC, and within 1
mile each side of the 165[deg] bearing from the Louisville Muhammad
Ali International: RWY 35L-LOC extending from the 5-mile radius of
the Louisville Muhammad Ali International Airport to 5.5 miles south
of the Louisville Muhammad Ali International: RWY 35L-LOC, and
within 1 mile each side of the 165[deg] bearing from the Louisville
Muhammad Ali International Airport extending from the 5-mile radius
of the Louisville Muhammad Ali International Airport to 5.5 miles
south of the Louisville Muhammad Ali International Airport.

Paragraph 6004 Class E Airspace Areas Designated as an Extension to
a Class D or Class E Surface Area.

* * * * *

ASO KY E4 Louisville Bowman Field, KY [Removed]

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

* * * * *

ASO KY E5 Louisville, KY [Amended]

Louisville Muhammad Ali International Airport, KY
    (Lat. 38[deg]10'27''N, long. 85[deg]44'11''W)
Bowman Field Airport, KY
    (Lat. 38[deg]13'41'' N, long. 85[deg]39'49'' W)

    That airspace extending upward from 700 feet above the surface
within a 7.5-mile radius of Louisville Muhammad Ali International
Airport, and within 2.4 miles each side of the ILS localizer east
course, extending from the 10-mile radius to 7 miles east of the
LOM, and within a 6.5-mile radius of Bowman Field Airport.

    Issued in Fort Worth, Texas, on July 15, 2019.
John Witucki,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2019-15445 Filed 7-19-19; 8:45 am]
 BILLING CODE 4910-13-P