[Federal Register Volume 88, Number 170 (Tuesday, September 5, 2023)]
[Notices]
[Page 60676]
[FR Doc No: 2023-19062]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-10500-01-OMS]

Privacy Act of 1974; System of Records

AGENCY: Office of the Chief Financial Officer (OCFO), Environmental
Protection Agency (EPA).

ACTION: Rescindment of a system of records notice.

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SUMMARY: The U.S. Environmental Protection Agency's (EPA), Office of
the Chief Financial Officer, Office of Technology Solutions is giving
notice that it proposes to rescind a system of records pursuant to the
provisions of the Privacy Act of 1974. The Superfund Cost Recovery
Package Imaging and On-Line System (SCORPIOS) system of records (EPA-
39) is being rescinded because the e-Recovery system of records (EPA-
90) replaces it. EPA is now using the e-Recovery system to organize and
produce reports to recover costs associated with its response to
releases or threatened releases of hazardous substances, or discharges
or threatened discharges of oil.

DATES: EPA stopped maintaining this system of records on May 08, 2023.
The e-Recovery system replaced SCORPIOS. The public comment period for
the e-Recovery SORN closed on July 12, 2021.

ADDRESSES: Persons wishing to comment on this system or records notice
must do so by October 5, 2023. Submit your comments, identified by
Docket ID No. EPA-HQ-OMS-2022-0938, by one of the following methods:
    Federal eRulemaking Portal: https://www.regulations.gov. Follow the
online instructions for submitting comments.
    Email: [email protected]. Include the Docket ID number in the
subject line of the message.
    Fax:<PHONE_NUMBER>.
    Mail: OMS Docket, Environmental Protection Agency, Mail Code:
2822T, 1200 Pennsylvania Ave. NW, Washington, DC 20460.
    Hand Delivery: OMS Docket, EPA/DC, WJC West Building, Room 3334,
1301 Constitution Ave. NW, Washington, DC 20460. Such deliveries are
only accepted during the Docket's normal hours of operation, and
special arrangements should be made for deliveries of boxed
information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OMS-
2022-0938. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at https://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be Controlled Unclassified Information (CUI) or other information
for which disclosure is restricted by statute. Do not submit
information that you consider to be CUI or otherwise protected through
https://www.regulations.gov. The https://www.regulations.gov website is
an ``anonymous access'' system for the EPA, which means the EPA will
not know your identity or contact information. If you submit an
electronic comment, the EPA recommends that you include your name and
other contact information in the body of your comment. 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. If you send an email comment directly to the EPA without going
through https://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.
Electronic files should avoid the use of special characters, any form
of encryption, and be free of any defects or viruses. For additional
information about the EPA public docket, visit the EPA Docket Center
homepage at https://www.epa.gov/dockets.
    Docket: All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CUI or other information
for which disclosure is restricted by statute. Certain other material,
such as copyrighted material, will be publicly available only in hard
copy. Publicly available docket materials are available either
electronically in https://www.regulations.gov or in hard copy at the
OMS Docket, EPA/DC, WJC West Building, Room 3334, 1301 Constitution
Ave. NW, Washington, DC 20460. The Public Reading Room is normally open
from 8:30 a.m. to 4:30 p.m., Monday through Friday excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the OMS Docket is (202) 566-
1752. Further information about EPA Docket Center services and current
operating status is available at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Andrew Lam, Ronald Reagan Building,
1300 Pennsylvania Ave. NW, Washington, DC 20460, Office of Chief
Financial Officer,<PHONE_NUMBER>, [email protected].

SUPPLEMENTARY INFORMATION: EPA has the authority to recover costs
associated with its response to releases or threatened releases of
hazardous substances, or discharges or threatened discharges of oil. To
support the recovery of certain removal costs associated with
threatened or actual discharges of oil, EPA submits a Cost Recovery
Package (CRP) to the U.S. Coast Guard (USCG). Previously, EPA used
SCORPIOS to prepare the CRP; however, because SCORPIOS uses old
technology that has become difficult and expensive for the Agency to
maintain, the SCORPIOS system (EPA-39) is replaced with the more modern
e-Recovery system (EPA-90). The information previously stored in
SCORPIOS is now stored in the e-Recovery system. Information about the
e-Recovery system and its system of records notice was published in the
Federal Register (86 FR 31,307) on June 11, 2021

SYSTEM NAME AND NUMBER:
    SCORPIOS, EPA-39.

HISTORY:
    66 FR 49947 (October 1, 2001).

Vaughn Noga,
Senior Agency Official for Privacy.
[FR Doc. 2023-19062 Filed 9-1-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: October 16, 2009 (Volume 74, Number 199)]
[Rules and Regulations]
[Page 53164-53165]
[DOCID:fr16oc09-11]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 522

[Docket No. FDA-2009-N-0665]

Implantation or Injectable Dosage Form New Animal Drugs;
Tulathromycin

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule; technical amendment.

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SUMMARY: The Food and Drug Administration (FDA) is amending the animal
drug regulations to reflect

approval of a supplemental new animal drug application (NADA) filed by
Pfizer, Inc. The supplemental NADA provides for veterinary prescription
use of tulathromycin injectable solution for the control of swine
respiratory disease (SRD) in groups of pigs where SRD has been
diagnosed.

DATES: This rule is effective October 16, 2009.

FOR FURTHER INFORMATION CONTACT: Cindy L. Burnsteel, Center for
Veterinary Medicine (HFV-130), Food and Drug Administration, 7500
Standish Pl., Rockville, MD 20855,<PHONE_NUMBER>, e-mail:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Pfizer, Inc., 235 East 42d St., New York, NY
10017, filed a supplement to NADA 141-244 for DRAXXIN (tulathromycin)
Injectable Solution. The supplemental NADA provides for the use of
tulathromycin injectable solution for control of SRD associated with
Actinobacillus pleuropneumoniae, Pasteurella multocida, and Mycoplasma
hyopneumoniae in groups of pigs where SRD has been diagnosed. The
application is approved as of September 8, 2009, and the regulations
are amended in Sec.  522.2630 (21 CFR 522.2630) to reflect the
approval.
    In addition, FDA has noticed that the approved indications for use
of this product in cattle (73 FR 58872, October 8, 2008) were
inaccurately codified. At this time, Sec.  522.2630 is being amended to
correctly describe these indications for use. This action is being
taken to improve the accuracy of the regulations.
    In accordance with the freedom of information provisions of 21 CFR
part 20 and 21 CFR 514.11(e)(2)(ii), a summary of safety and
effectiveness data and information submitted to support approval of
this application may be seen in the Division of Dockets Management
(HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061,
Rockville, MD 20852, between 9 a.m. and 4 p.m., Monday through Friday.
    Under section 512(c)(2)(F)(iii) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360b(c)(2)(F)(iii)), this supplemental approval
qualifies for 3 years of marketing exclusivity beginning on the date of
approval.
    The agency has determined under 21 CFR 25.33(d)(5) that this action
is of a type that does not individually or cumulatively have a
significant effect on the human environment. Therefore, neither an
environmental assessment nor an environmental impact statement is
required.
    This rule does not meet the definition of ``rule'' in 5 U.S.C.
804(3)(A) because it is a rule of ``particular applicability.''
Therefore, it is not subject to the congressional review requirements
in 5 U.S.C. 801-808.

List of Subjects in 21 CFR Part 522

    Animal drugs.

0
Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs and
redelegated to the Center for Veterinary Medicine, 21 CFR part 522 is
amended as follows:

PART 522--IMPLANTATION OR INJECTABLE DOSAGE FORM NEW ANIMAL DRUGS

0
1. The authority citation for 21 CFR part 522 continues to read as
follows:

    Authority: 21 U.S.C. 360b.

0
2. In Sec.  522.2630, revise paragraphs (d)(1)(ii) and (d)(2)(ii) to
read as follows:

Sec.  522.2630  Tulathromycin.

* * * * *
    (d) * * *
    (1) * * *
    (ii) Indications for use. For the treatment of bovine respiratory
disease (BRD) associated with Mannheimia haemolytica, Pasteurella
multocida, Histophilus somni, and Mycoplasma bovis. For the control of
respiratory disease in cattle at high risk of developing BRD associated
with M. haemolytica, P. multocida, H. somni, and M. bovis. For the
treatment of infectious bovine keratoconjunctivitis associated with
Moraxella bovis. For the treatment of bovine foot rot (interdigital
necrobacillosis) associated with Fusobacterium necrophorum and
Porphyromonas levii.
* * * * *
    (2) * * *
    (ii) Indications for use. For the treatment of swine respiratory
disease (SRD) associated with Actinobacillus pleuropneumoniae, P.
multocida, Bordetella bronchiseptica, Haemophilus parasuis, and
Mycoplasma hyopneumoniae; and for the control of SRD associated with A.
pleuropneumoniae, P. multocida, and M. hyopneumoniae in groups of pigs
where SRD has been diagnosed.
* * * * *

    Dated: September 30, 2009.
Steven D. Vaughn,
Director, Office of New Animal Drug Evaluation, Center for Veterinary
Medicine.
[FR Doc. E9-24882 Filed 10-15-09; 8:45 am]

BILLING CODE 4160-01-S


[Federal Register Volume 83, Number 206 (Wednesday, October 24, 2018)]
[Proposed Rules]
[Pages 53595-53603]
[FR Doc No: 2018-22998]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 271 and 272

[EPA-R06-RCRA-2016-0549; FRL-9984-37--Region 6]

Texas: Proposed Authorization of State-Initiated Changes and
Incorporation by Reference of State Hazardous Waste Management Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: During a review of Texas' regulations, the Environmental
Protection Agency (EPA) identified State-initiated changes to its
hazardous waste program under the Resource Conservation and Recovery
Act (RCRA). The EPA has determined that these changes are minor and
satisfy all requirements needed to qualify for Final authorization and
is proposing to authorize the State-initiated changes. This rule also
proposes to codify in the regulations the prior approval of Texas'
hazardous waste management program and incorporate by reference
authorized provisions of the State's statutes and regulations.

DATES: Comments on this proposed rule must be received by November 23,
2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
RCRA-2016-0549, by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the on-line instructions for submitting comments.
    2. Email: [email protected].
    3. Fax:<PHONE_NUMBER> (prior to faxing, please notify Alima
Patterson at<PHONE_NUMBER>).
    4. Mail: Alima Patterson, EPA Region 6, Regional Authorization/
Codification Coordinator, RCRA Permit Section (6MM-RP), Multimedia
Division, EPA Region 6, 1445 Ross Avenue, Suite 1200, Dallas, Texas
75202-2733.
    5. Hand Delivery or Courier: Deliver your comments to Alima
Patterson, EPA Region 6, Regional Authorization/Codification
Coordinator, RCRA Permit Section (6MM-RP), Multimedia Division, EPA
Region 6, 1445, Suite 1200, Ross Avenue, Dallas, Texas 75202-2733.
    Instructions: Do not submit information that you consider to be
Confidential Business Information (CBI) or otherwise protected through
http://www.regulations.gov, or email. Direct your comments to Docket ID
No. EPA-R06-RCRA-2016-0549. The Federal http://www.regulations.gov
website is an ``anonymous access'' system, which means 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 and
with any disk or CD-ROM you submit. 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, any form of encryption, and
be free of any defects or viruses.

    You can view and copy the documents that form the basis for this
authorization and codification and associated publicly available
materials from 8:30 a.m. to 4 p.m. Monday through Friday at the
following location: EPA, Region 6, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202-2733, Phone number:<PHONE_NUMBER>. Interested
persons wanting to examine these documents should make an appointment
with the office at least two weeks in advance.

FOR FURTHER INFORMATION CONTACT: Alima Patterson, EPA Region 6 Regional
Authorization/Codification Coordinator, RCRA Permit Section (6MM-RP),
Multimedia Division, EPA Region 6, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202-2733, Phone number:<PHONE_NUMBER>, and Email
address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    The Solid Waste Disposal Act, as amended, commonly referred to as
the Resource Conservation and Recovery Act (RCRA), allows the EPA to
authorize States to operate their hazardous waste management programs
in lieu of the Federal program. The EPA uses the regulations entitled
``Approved State Hazardous Waste Management Programs'' to provide
notice of the authorization status of State programs and to incorporate
by reference those provisions of the State statutes and regulations
that will be subject to the EPA's inspection and enforcement.
    The EPA is proposing to authorize the State-initiated changes and
incorporate by reference the State's hazardous waste program.

II. Authorization of State-Initiated Changes

A. Why are revisions to State programs necessary?

    States which have received Final authorization from the EPA under
RCRA section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous
waste program that is equivalent to, consistent with, and no less
stringent than the Federal hazardous waste program. As the Federal
program changes, the States must change their programs and ask the EPA
to authorize the changes. Changes to State hazardous waste programs may
be necessary when Federal or State statutory or regulatory authority is
modified or when certain other changes occur. Most commonly, States
must change their programs because of changes to the EPA's regulations
in 40 Code of Federal Regulations (CFR) Parts 124, 260 through 268,
270, 273 and 279. States can also initiate their own changes to their
hazardous waste program and these changes must then be authorized.

B. What decisions have we made in this rule?

    We have reviewed Texas' State-initiated changes and have made a
tentative decision that Texas' revisions to its authorized program meet
all the statutory and regulatory requirements established by RCRA. We
found that the State-initiated changes make Texas' rules clearer or
conform more closely to the Federal equivalents and are so minor in
nature that a formal application is unnecessary. Therefore, we propose
to grant Texas final authorization to operate its hazardous waste
program with the changes described in the table at Section F below.
Texas continues to have responsibility for permitting Treatment,
Storage, and Disposal Facilities (TSDFs) within its borders (except in
Indian Country) and for carrying out all authorized aspects of the RCRA
program, subject to the limitations of the Hazardous and Solid Waste
Amendments of 1984 (HSWA). New Federal requirements and prohibitions
imposed by Federal regulations that EPA promulgates under the authority
of HSWA take effect in authorized States before they are authorized for
the requirements. Thus, the EPA will implement those requirements and
prohibitions in Texas, including issuing permits, until the State is
granted authorization to do so.

C. What is the effect of this proposed authorization decision?

    If Texas is authorized for these changes, a facility in Texas
subject to RCRA will now have to comply with the authorized State
requirements instead of the equivalent Federal requirements to comply
with RCRA. Texas continues to have enforcement responsibilities under
its State hazardous waste program for violations of such program, but
the EPA retains its authority under RCRA sections 3007, 3008, 3013, and
7003, which include, among others, authority to:
     Conduct inspections, and require monitoring, tests,
analyses, or reports;
     Enforce RCRA requirements and suspend or revoke permits;
and
     Take enforcement actions, regardless of whether the State
has taken its own actions.
    The action to approve these State-initiated changes would not
impose additional requirements on the regulated community because the
statutes and regulations for which the EPA proposes to authorize Texas
are already effective and are not changed by the act of authorization.

D. What happens if EPA receives comments on this action?

    If the EPA receives comments on the proposed authorization of the
State-initiated changes, we will address those comments in our final
action. You may not have another opportunity to comment. If you want to
comment on this proposed authorization, you must do so at this time.
    In addition to the proposed authorization of the State-initiated
changes described above in this document, EPA proposes to codify Texas'
base hazardous waste management program and its revisions to that
program. The EPA has already provided notices and opportunity for
comments on the Agency's decisions to authorize certain provisions of
the Texas RCRA program, and the EPA is not now reopening those
decisions, nor requesting comments, on the Texas authorization as
published in the Federal Register documents specified in Section II.E.
of this preamble.

E. For what has Texas previously been authorized?

    The State of Texas initially received final authorization on
December 12, 1984, effective December 26, 1984 (49 FR 48300), to
implement its Base Hazardous Waste Management Program. This
authorization was clarified in a notice published March 26, 1985 (50 FR
11858). We granted authorization for changes to their program on
January 31, 1986 (51 FR 3952), effective October 4, 1985; December 18,
1986 (51 FR 45320), effective February 17, 1987; March 1, 1990 (55 FR
7318), effective March 15, 1990; May 24, 1990 (55 FR 21383), effective
July 23, 1990; August 22, 1991 (56 FR 41626), effective October 21,
1991; October 5, 1992 (57 FR 45719), effective December 4, 1992; April
11, 1994 (59 FR 16987), effective June 27, 1994; April 12, 1994 (59 FR
17273), effective June 27, 1994; September 12, 1997 (62 FR 47947),
effective November 26, 1997; September 19, 1997 (62 FR 49163),
effective December 3, 1997; August 18, 1999 (64 FR 44836), effective
October 18, 1999; September 14, 1999 (64 FR 49673), effective November
15, 1999; July 13, 2000 (65 FR 43246), effective September 11, 2000;
June 14, 2005 (70 FR 34371), effective June 14, 2005; October 29, 2008
(73 FR 64252), effective December 29, 2008; May 13, 2009 (74 FR 22469),
effective July 13, 2009; March 7, 2011 (76 FR 12283), effective May 6,
2011; March 6, 2012 (77 FR 13200), effective May 7, 2012;

November 30, 2012 (77 FR 71344), effective January 29, 2013; September
3, 2014 (79 FR 52220), effective November 3, 2014; October 21, 2015 (80
FR 63691), effective December 21, 2015; and December 28, 2015 (80 FR
80672), effective February 26, 2016.

F. What changes are we proposing to authorize with this action?

    The State has made amendments to Title 30, Texas Administrative
Code, sections 335.155(1) and 335.261(b)(15), analogous to 40 CFR
264.77(a) and 273.8(a)(2), respectively. These amendments clarify the
State's regulations and make the State's regulations more internally
consistent. The State's laws and regulations, as amended by these
provisions, provide authority which remains equivalent to, and no less
stringent than the Federal laws and regulations. These State-initiated
changes satisfy the requirements of 40 CFR 271.21(a). We are now
proposing to grant Texas final authorization to carry out the listed
provisions of the State's program in lieu of the Federal program. These
provisions are analogous to the indicated RCRA regulations found at 40
CFR as of January 3, 2014. The Texas provisions are from the Texas
Administrative Code (TAC), Title 30, amended to be effective December
31, 2014.

G. Who handles permits after the final authorization takes effect?

    This proposed authorization does not affect the status of State
permits and those permits issued by the EPA because no new substantive
requirements are a part of these revisions.

H. How does this action affect Indian Country (18 U.S.C. 1151) in
Texas?

    Texas is not authorized to carry out its Hazardous Waste Program in
Indian Country within the State. This authority remains with EPA.
Therefore, this action has no effect in Indian Country.

III. Incorporation-by-Reference

A. What is codification?

    Codification is the process of placing a State's statutes and
regulations that comprise the State's authorized hazardous waste
management program into the Code of Federal Regulations (CFR). Section
3006(b) of RCRA, as amended, allows the Environmental Protection Agency
(EPA) to authorize State hazardous waste management programs to operate
in lieu of the Federal hazardous waste management regulatory program.
The EPA codifies its authorization of State programs in 40 CFR part 272
and incorporates by reference State statutes and regulations that the
EPA will enforce under sections 3007 and 3008 of RCRA and any other
applicable statutory provisions.
    The incorporation by reference of State authorized programs in the
CFR should substantially enhance the public's ability to discern the
status of the authorized State program and State requirements that can
be Federally enforced. This effort provides clear notice to the public
of the scope of the authorized program in each State.

B. What is the history of the codification of Texas' hazardous waste
management program?

    The EPA incorporated by reference Texas' then authorized hazardous
waste program effective December 3, 1997 (62 FR 49163), November 15,
1999 (64 FR 49673), December 29, 2008 (73 FR 64252), May 6, 2011 (76 FR
12283), January 9, 2013 (77 FR 71344), and February 26, 2016 (80 FR
80672). In this document, EPA is proposing to revise Subpart SS of 40
CFR part 272 to include the recent authorization revision actions
effective December 21, 2015 (80 FR 63691).

C. What codification decisions have we proposed in this rule?

    In this rule, the EPA is proposing to finalize regulatory text that
includes incorporation by reference. In accordance with requirements of
1 CFR 51.5, the EPA is proposing to finalize the incorporation by
reference of the Texas rules described in the amendments to 40 CFR part
272 set forth below. The EPA has made, and will continue to make, these
documents available electronically through http://www.regulations.gov
and in hard copy at the appropriate EPA office (see the ADDRESSES
section of this preamble for more information).
    This action also proposes to codify Texas' base hazardous waste
management program and its revisions to that program. This document
proposes to incorporate by reference Texas' hazardous waste statutes
and regulations and clarify which of these provisions are included in
the authorized and Federally enforceable program. By codifying Texas'
authorized program and by amending the Code of Federal Regulations, the
public will be more easily able to discern the status of Federally
approved requirements of the Texas hazardous waste management program.
    The EPA is proposing to incorporate by reference the Texas
authorized hazardous waste program by amending Subpart SS of 40 CFR
part 272. Section 272.2201 incorporates by reference Texas' authorized
hazardous waste statutes and regulations. Section 272.2201 also
references the statutory provisions (including procedural and
enforcement provisions) which provide the legal basis for the State's
implementation of the hazardous waste management program; the
Memorandum of Agreement, including any annual re-certification; the
Attorney General's Statements; and the Program Description; which are
approved as part of the hazardous waste management program under
Subtitle C of RCRA.

D. What is the effect of Texas' proposed codification on enforcement?

    The EPA retains its authority under statutory provisions, including
but not limited to, RCRA sections 3007, 3008, 3013, and 7003, and other
applicable statutory and regulatory provisions to undertake inspections
and enforcement actions and to issue orders in authorized States. With
respect to these actions, the EPA will rely on Federal sanctions,
Federal inspection authorities, and Federal procedures rather than any
authorized State analogues to these provisions. Therefore, the EPA is
not proposing to incorporate by reference such particular, approved
Texas procedural and enforcement authorities. Section 272.2201(c)(2) of
40 CFR lists the statutory and regulatory provisions which provide the
legal basis for the State's implementation of the hazardous waste
management program, as well as, those procedural and enforcement
authorities that are part of the States approved program, but these are
not incorporated by reference.

E. What State provisions are not proposed as part of the codification?

    The public needs to be aware that some provisions of Texas'
hazardous waste management program are not part of the Federally
authorized State program. These non-authorized provisions include:
    (1) Provisions that are not part of the RCRA Subtitle C program
because they are ``broader in scope'' than RCRA Subtitle C (see 40 CFR
271.1(i));
    (2) Federal rules for which Texas is not authorized, but which have
been incorporated into the State regulations because of the way the
State adopted Federal regulations by reference;
    (3) Unauthorized amendments to authorized State provisions;
    (4) New unauthorized State requirements; and
    (5) Federal rules for which Texas is authorized, but which were
vacated by the U.S. Court of Appeals for the District

of Columbia Circuit (DC Cir. No. 98-1379 and 98-1379; June 27, 2014).
    State provisions that are ``broader in scope'' than the Federal
program are not part of the RCRA authorized program and the EPA will
not enforce them. Therefore, they are not incorporated by reference in
40 CFR part 272. For reference and clarity, EPA proposes to list in 40
CFR 272.2201(c)(3) the Texas regulatory provisions which are ``broader
in scope'' than the Federal program and which are not part of the
authorized program proposed to be incorporated by reference. ``Broader
in scope'' provisions cannot be enforced by the EPA; the State,
however, may enforce such provisions under State law.
    Additionally, Texas' hazardous waste regulations include amendments
which have not been authorized by the EPA. Since the EPA cannot enforce
a State's requirements which have not been reviewed and authorized in
accordance with RCRA section 3006 and 40 CFR part 271, it is important
to be precise in delineating the scope of a State's authorized
hazardous waste program. Regulatory provisions that have not been
authorized by the EPA include amendments to previously authorized State
regulations, as well as, certain Federal rules and new State
requirements.
    Texas has adopted but is not authorized for the following Federal
rules published in the Federal Register on April 12, 1996 (61 FR
16290); December 5, 1997 (62 FR 64504); June 8, 2000 (65 FR 36365); and
January 8, 2010 (75 FR 1236. Therefore, these Federal amendments
included in Texas' adoption by reference at 30 Texas Administrative
Code (TAC) sections 335.112(a)(1) and (a)(4), 335.152(a)(1) and (a)(4),
and 335.431(c)(1) and (c)(3), are not part of the State's authorized
program and are not part of the proposed incorporation by reference
addressed by this Federal Register document.
    Texas has adopted and was authorized for the following Federal
rules which have since been vacated by the U.S. Court of Appeals for
the District of Columbia Circuit (D.C. Cir. No. 98-1379 and 08-1144,
respectively, June 27, 2014): (1) The Comparable Fuels Exclusion at 40
CFR 261.4(a)(16) and 261.38 published in the Federal Register on June
19, 1998 (63 FR 33782), as amended on June 15, 2010 (75 FR 33712); and
(2) the Gasification Exclusion Rule published on January 2, 2008 (73 FR
57).
    In those instances where Texas has made unauthorized amendments to
previously authorized sections of State code, the EPA is identifying in
40 CFR 272.2201(c)(4)(i) any regulations which, while adopted by the
State and proposed to be incorporated by reference, include language
not authorized by the EPA. Those unauthorized portions of the State
regulations are not Federally enforceable. Thus, notwithstanding the
language in Texas hazardous waste regulations incorporated by reference
at 40 CFR 272.2201(c)(1), the EPA will only enforce those portions of
the State regulations that are authorized by the EPA. For the
convenience of the regulated community, the actual State regulatory
text authorized by the EPA for the citations listed at 272.2201(c)(4)
(i.e., without the unauthorized amendments) is compiled as a separate
document, Addendum to the EPA Approved Texas Regulatory Requirements
Applicable to the Hazardous Waste Management Program, December 2015.
This document is available from EPA Region 6, 1445 Ross Avenue, Suite
1200, Dallas, Texas 75202-2733, Phone number:<PHONE_NUMBER>.
    State regulations that are not proposed to be incorporated by
reference in this rule at 40 CFR 272.2201(c)(1), or that are not listed
in 40 CFR 272.2201(c)(2) (``legal basis for the State's implementation
of the hazardous waste management program''), 40 CFR 272.2201(c)(3)
(``broader in scope'') or 40 CFR 272.2201(c)(4) (``unauthorized State
amendments''), are considered new unauthorized State requirements.
These requirements are not Federally enforceable.
    With respect to any requirement pursuant to the Hazardous and Solid
Waste Amendments of 1984 (HSWA) for which the State has not yet been
authorized, the EPA will continue to enforce the Federal HSWA standards
until the State is authorized for these provisions.

F. What will be the effect of Federal HSWA requirements on the proposed
codification?

    The EPA is not amending 40 CFR part 272 to include HSWA
requirements and prohibitions that are implemented by EPA. Section
3006(g) of RCRA provides that any HSWA requirement or prohibition
(including implementing regulations) takes effect in authorized and not
authorized States at the same time. A HSWA requirement or prohibition
supersedes any less stringent or inconsistent State provision which may
have been previously authorized by the EPA (50 FR 28702, July 15,
1985). The EPA has the authority to implement HSWA requirements in all
States, including authorized States, until the States become authorized
for such requirement or prohibition. Authorized States are required to
revise their programs to adopt the HSWA requirements and prohibitions,
and then to seek authorization for those revisions pursuant to 40 CFR
part 271.
    Instead of amending the 40 CFR part 272 every time a new HSWA
provision takes effect under the authority of RCRA section 3006(g), the
EPA will wait until the State receives authorization for its analog to
the new HSWA provision before amending the State's 40 CFR part 272
incorporation by reference. Until then, persons wanting to know whether
a HSWA requirement or prohibition is in effect should refer to 40 CFR
271.1(j), as amended, which lists each such provision.
    Some existing State requirements may be similar to the HSWA
requirement implemented by the EPA. However, until the EPA authorizes
those State requirements, the EPA can only enforce the HSWA
requirements and not the State analogs. The EPA will not codify those
State requirements until the State receives authorization for those
requirements.

IV. Statutory and Executive Order Reviews

    The Office of Management and Budget (OMB) has exempted this action
from the requirements of Executive Orders 12866 (58 FR 51735, October
4, 1993) and 13563 (76 FR 3821, January 21, 2011). This action proposes
to authorize State requirements for the purpose of RCRA section 3006
and incorporate by reference Texas' authorized hazardous waste
management regulations, and imposes no additional requirements beyond
those imposed by State law. Therefore, this action is not subject to
review by OMB. This action is not an Executive Order 13771 (82 FR 9339,
February 3, 2017) regulatory action because actions such as today's
proposed authorization and codification of Texas' revised hazardous
waste program under RCRA are exempted under Executive Order 12866.
Accordingly, I certify that this action will not have a significant
economic impact on a substantial number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this action
proposes to authorize and incorporate by reference pre-existing
requirements under State law and does not impose any additional
enforceable duty beyond that required by State law, it does not contain
any unfunded mandate or significantly or uniquely

affect small governments, as described in the Unfunded Mandates Reform
Act of 1995 (2 U.S.C. 1531-1538). For the same reason, this action also
does not significantly or uniquely affect the communities of tribal
governments, as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000).
    This action will not have substantial direct effects on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government, as specified in Executive Order 13132 (64 FR
43255, August 10, 1999), because it merely incorporates by reference
existing State hazardous waste management program requirements without
altering the relationship or the distribution of power and
responsibilities established by RCRA.
    This action also is not subject to Executive Order 13045 (62 FR
19885, April 23, 1997), because it is not economically significant and
it does not make decisions based on environmental health or safety
risks. This action is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply
Distribution or Use'' (66 FR 28344, May 22, 2001), because it is not a
significant regulatory action under Executive Order 12866.
    Under RCRA section 3006(b), EPA grants a State's application for
authorization as long as the State meets the criteria required by RCRA.
It would thus be inconsistent with applicable law for EPA, when it
reviews a State authorization application, to require the use of any
particular voluntary consensus standard in place of another standard
that otherwise satisfies the requirements of RCRA. The requirements
proposed to be codified are the result of Texas' voluntary
participation in the EPA's State program authorization process under
RCRA Subtitle C. Thus, the requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) do not apply. As required by section 3 of Executive Order 12988
(61 FR 4729, February 7, 1996), in issuing this proposed rule, the EPA
has taken the necessary steps to eliminate drafting errors and
ambiguity, minimize potential litigation, and provide a clear legal
standard for affected conduct. The EPA has complied with Executive
Order 12630 (53 FR 8859, March 15, 1988), by examining the takings
implications of the rule in accordance with the ``Attorney General's
Supplemental Guidelines for the Evaluation of Risk and Avoidance of
Unanticipated Takings'' issued under the executive order. This proposed
rule does not impose an information collection burden under the
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.). ``Burden'' is defined at 5 CFR 1320.3(b).
    Executive Order 12898 (59 FR 7629, Feb. 16, 1994) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, the disproportionately
high and adverse human health or environmental effects of their
programs, policies, and activities on minority populations and low-
income populations in the United States. Because this rule proposes to
authorize and codify pre-existing State rules which are at least
equivalent to, and no less stringent than existing federal
requirements, and imposes no additional requirements beyond those
imposed by State law, and there are no anticipated significant adverse
human health or environmental effects, the rule is not subject to
Executive Order 12898.

List of Subjects

40 CFR Part 271

    Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Indian lands, Intergovernmental relations, Penalties,
Reporting and recordkeeping requirements.

40 CFR Part 272

    Environmental protection, Hazardous materials transportation,
Hazardous waste, Incorporation by reference, Intergovernmental
relations, Water pollution control, Water supply.

    Authority: This notice is issued under the authority of Sections
2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act as amended
42 U.S.C. 6912(a), 6926, 6974(b).

    Dated: October 10, 2018.
Anne Idsal,
Regional Administrator, Region 6.

    For the reasons set forth in the preamble, under the authority at
42 U.S.C. 6912(a), 6926, and 6974(b), the EPA is proposing to grant
final authorization under 40 CFR part 271 to the State of Texas for
revisions, as identified in Section II.F above, to its hazardous waste
program under the Resource Conservation and Recovery Act and is
proposing to amend 40 CFR part 272, as follows:

PART 272--APPROVED STATE HAZARDOUS WASTE MANAGEMENT PROGRAMS

0
1. The authority citation for Part 272 continues to read as follows:

    Authority:  Secs. 2002(a), 3006, and 7004(b) of the Solid Waste
Disposal Act, as amended by the Resource Conservation and Recovery
Act, as amended, 42 U.S.C. 6912(a), 6926, and 6974(b).

0
2. Revise Sec.  272.2201 to read as follows:

Sec.  272.2201  Texas State-administered program: Final authorization.

    (a) History of the State of Texas authorization. Pursuant to
section 3006(b) of RCRA, 42 U.S.C. 6926(b), the EPA granted Texas final
authorization for the following elements as submitted to EPA in Texas'
Base program application for final authorization which was approved by
EPA effective on December 26, 1984. Subsequent program revision
applications were approved effective on October 4, 1985, February 17,
1987, March 15, 1990, July 23, 1990, October 21, 1991, December 4,
1992, June 27, 1994, November 26, 1997, December 3, 1997, October 18,
1999, November 15, 1999, September 11, 2000, June 14, 2005, December
29, 2008, July 13, 2009, May 6, 2011, May 7, 2012, January 9, 2013,
November 3, 2014, December 21, 2015, February 26, 2016, and [effective
date of final rule].
    (b) Enforcement authority. The State of Texas has primary
responsibility for enforcing its hazardous waste management program.
However, EPA retains the authority to exercise its inspection and
enforcement authorities in accordance with sections 3007, 3008, 3013,
7003 of RCRA, 42 U.S.C. 6927, 6928, 6934, 6973, and any other
applicable statutory and regulatory provisions, regardless of whether
the State has taken its own actions, as well as, in accordance with
other statutory and regulatory provisions.
    (c) State statutes and regulations.
    (1) Incorporation by reference. The Texas statutes and regulations
cited in paragraph (c)(1)(i) of this section are incorporated by
reference as part of the hazardous waste management program under
Subtitle C of RCRA, 42 U.S.C. 6921 et seq. This incorporation by
reference is approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain
copies of the Texas statutes and regulations that are incorporated by
reference in this paragraph from Thomson Reuters, 610 Opperman Drive,
Eagan, MN 55123; Phone: 1-888-728-7677; website: http://legalsolutions.thomsonreuters.com. You may inspect a

copy at EPA Region 6, 1445, Suite 1200, Ross Avenue, Dallas, Texas
75202-2733, Phone number:<PHONE_NUMBER>, or at the National Archives
and Records Administration (NARA). For information on the availability
of this material at NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
    (i) The Binder entitled ``EPA-Approved Texas Statutory and
Regulatory Requirements Applicable to the Hazardous Waste Management
Program'', dated December 2015.
    (ii) [Reserved]
    (2) Legal basis. The following provisions provide the legal basis
for the State's implementation of the hazardous waste management
program, but they are not being incorporated by reference and do not
replace Federal authorities:
    (i) Texas Health and Safety Code (THSC) Annotated, (Vernon, 2010,
as amended by the 2015 Cumulative Annual Pocket Part, effective
September 1, 2015); Chapter 361, The Texas Solid Waste Disposal Act
(TSWDA), sections 361.002, 361.016, 361.017, 361.018, 361.0215(b)(2)
and (b)(3), 361.023, 361.024, 361.029, 361.032, 361.033, 361.035,
361.036, 361.037(a), 361.061, 361.063, 361.0635, 361.064, 361.0641,
361.066(b) and (c), 361.0666, 361.067, 361.068, 361.069, 361.078,
361.079, 361.0791, 361.080, 361.081, 361.082 (except 361.082(a) and
(f)), 361.083, 361.0833, 361.084, 361.085, 361.0861(c), 361.0871(b),
361.088, 361.0885, 361.089 (2015 Cumulative Annual Pocket Part),
361.090, 361.095(b)-(f), 361.096, 361.097, 361.098, 361.099(a),
361.100, 361.101, 361.102 through 361.109, 361.113, 361.114, 361.116,
361.271 (2015 Cumulative Annual Pocket Part), 361.272 through 361.275,
361.278, 361.301, 361.321(a) and (b), 361.321(c) (except the phrase
``Except as provided by Section 361.322(a)''), 361.321(d), 361.321(e)
(except the phrase ``Except as provided by Section 361.322(e)''),
361.451, 361.501 through 361.506, and 361.509(a) introductory
paragraph, (a)(11), (b), (c) introductory paragraph, and (c)(2);
Chapter 371, Texas Used Oil Collection, Management, and Recycling Act,
sections 371.0025(b) and (c), 371.024(a), (c) and (d), 371.026(a) and
(b), and 371.028.
    (ii) Texas Water Code (TWC), as amended effective September 1,
2015: Chapter 5, sections 5.102 through 5.105, 5.112, 5.177, 5.351,
5.501 through 5.505, 5.509 through 5.512, 5.515, and 5.551 through
5.557; Chapter 7, sections 7.031, 7.032, 7.051(a), 7.052(a), 7.052(c)
and (d), 7.053 through 7.062, 7.064 through 7.069, 7.075, 7.101, 7.102,
7.104, 7.105, 7.107, 7.110, 7.162, 7.163, 7.176, 7.187(a), 7.189,
7.190, 7.252(1), 7.351, 7.353; Chapter 26, sections 26.001(13), 26.011,
26.020 through 26.022, 26.039, and 26.341 through 26.367; and Chapter
27, sections 27.003, 27.017(a), 27.018(a)-(d), and 27.019.
    (iii) Texas Government Code, as amended effective September 1,
2015, section 311.027.
    (iv) Texas Rules of Civil Procedure, as amended effective September
1, 2015, Rule 60.
    (v) Texas Administrative Code (TAC), Title 30, Environmental
Quality, 2015, as amended effective through December 31, 2014:
    Chapter 10; Chapter 39, sections 39.5(g) and (h), 39.11, 39.13
(except (10)), 39.103 (except (f) and (h)), 39.105, 39.107, 39.109,
39.403(b)(1), 39.405(f)(1), 39.411 (except (b)(4)(B), (b)(10), (b)(11),
and (b)(13)), 39.413 (except (10)), 39.420 (except (c) and (d)), 39.503
(except the reference to 39.405(h) in (d) introductory paragraph, and
(g)), and 39.801 through 39.810;
    Chapter 50, sections 50.13, 50.19, 50.39, 50.113 (except (d)),
50.117(f), 50.119, 50.133, and 50.139;
    Chapter 55, sections 55.25(a) and (b), 55.27 (except (b)),
55.152(a)(3), 55.152(b), 55.154, 55.156 (except (d)-(g)), 55.201
(except as applicable to contested case hearings), and 55.211 (except
as applicable to contested case hearings);
    Chapter 70, section 70.10;
    Chapter 281, sections 281.1 (except the clause ``except as provided
by . . . Prioritization Process)''), 281.2 introductory paragraph and
(4), 281.3(a) and (b), 281.5 (except the clause ``Except as provided by
. . . Discharge Permits)'' and the phrases ``subsurface area drip
dispersal systems'' and ``radioactive material'' in the introductory
paragraph), 281.17(d) (except the references to radioactive material
licenses), 281.17(e) and (f), 281.18(a) (except for the sentence ``For
applications for radioactive . . . within thirty days.''), 281.19(a)
(except the last sentence), 281.19(b) (except the phrase ``Except as
provided in subsection (c) of this section,''), 281.20, 281.21(a)
(except ``and 32'' and the phrase ``and the Texas Radiation Control
Act.''), 281.21(b), 281.21(c) (except the phrase ``radioactive
materials,'' in 281.21(c)(2)), 281.21(d), 281.22(a) (except the phrase
``For applications for radioactive . . . to deny the license.''),
281.22(b) (except the phrase ``or an injection well,'' in the first
sentence and the phrase ``For underground injection wells . . . the
same facility or activity.''), 281.23(a), and 281.24;
    Chapter 305, sections, 305.29, 305.30, 305.64(d) and (f),
305.66(c), 305.66(e) (except for the last sentence), 305.66(f)-(l),
305.123 (except the phrases ``and 32'' and ``and 401''), 305.125(1) and
(3), 305.125(20), 305.127(1)(B)(i), 305.127(4)(A) and (C), 305.127 (6),
305.401 (except the text ``Sec.  55.21 of this title (relating to
Requests for Contested Case Hearings, Public Comment)'' at (b), and
305.401(c)); and
    Chapter 335, sections 335.2(b), 335.43(b), 335.206, 335.391 through
335.393.
    (3) Related legal provisions. The following statutory and
regulatory provisions are broader in scope than the Federal program,
are not part of the authorized program, and are not incorporated by
reference:
    (i) Texas Health and Safety Code (THSC) Annotated, (Vernon, 2010):
Chapter 361, The Texas Solid Waste Disposal Act (TSWDA), sections
361.131 through 361.140; Chapter 371, Texas Used Oil Collection,
Management, and Recycling Act, sections 371.021, 371.022, 371.024(e),
371.0245, 371.0246, 371.025, and 371.026(c).
    (ii) Texas Administrative Code (TAC), Title 30, Environmental
Quality, 2015, as amended, effective through December 31, 2014: Chapter
305, sections 305.53, 305.64(b)(4), and 305.69(b)(1)(A) (as it relates
to the Application Fee); Chapter 335, sections 335.321 through 335.332,
Appendices I and II, and 335.401 through 335.412.
    (4) Unauthorized State amendments and provisions. (i) The following
authorized provisions of the Texas regulations include amendments
published in the Texas Register that are not approved by EPA. Such
unauthorized amendments are not part of the State's authorized program
and are, therefore, not Federally enforceable. Thus, notwithstanding
the language in the Texas hazardous waste regulations incorporated by
reference at paragraph (c)(1)(i) of this section, EPA will enforce the
State provisions that are actually authorized by EPA. The effective
dates of the State's authorized provisions are listed in the Table
below. The actual State regulatory text authorized by EPA (i.e.,
without the unauthorized amendments) is available as a separate
document, Addendum to the EPA-Approved Texas Regulatory and Statutory
Requirements Applicable to the Hazardous Waste Management Program,
December, 2015. Copies of the document can be obtained from EPA Region
6, 1445 Ross Avenue, Suite 1200, Dallas, TX 75202-2733.

----------------------------------------------------------------------------------------------------------------
                                                Effective date            Unauthorized state amendments
      State provision (December 31, 2014)        of authorized -------------------------------------------------
                                                   provision        Texas Register reference      Effective date
----------------------------------------------------------------------------------------------------------------
335.6(a)......................................         7/29/92  18 TexReg 2799..................         5/12/93
                                                                22 TexReg 12060.................        12/15/97
                                                                23 TexReg 10878.................        10/19/98
335.6(c) introductory paragraph...............         7/29/92  17 TexReg 8010..................        11/27/92
                                                                20 TexReg 2709..................         4/24/95
                                                                20 TexReg 3722..................         5/30/95
                                                                21 TexReg 1425..................          3/1/96
                                                                21 TexReg 2400..................          3/6/96
                                                                22 TexReg 12060.................        12/15/97
                                                                23 TexReg 10878.................        10/19/98
                                                                26 TexReg 9135..................        11/15/01
335.6(g)......................................         7/29/92  18 TexReg 3814..................         6/28/93
                                                                22 TexReg 12060.................        12/15/97
                                                                23 TexReg 10878.................        10/19/98
335.24(b) introductory paragraph..............          3/1/96  21 TexReg 10983.................        11/20/96
                                                                23 TexReg 10878.................        10/19/98
                                                                38 TexReg 970...................         2/21/13
335.24(c) introductory paragraph..............          3/1/96  21 TexReg 10983.................        11/20/96
                                                                23 TexReg 10878.................        10/19/98
                                                                38 TexReg 970...................         2/21/13
335.45(b).....................................          9/1/86  17 TexReg 5017..................         7/29/92
335.204(a)(1).................................         5/28/86  16 TexReg 6065..................         11/7/91
335.204(b)(1).................................         5/28/86  16 TexReg 6065..................         11/7/91
335.204(b)(6).................................         5/28/86  16 TexReg 6065..................         11/7/91
335.204(c)(1).................................         5/28/86  16 TexReg 6065..................         11/7/91
335.204(d)(1).................................         5/28/86  16 TexReg 6065..................         11/7/91
335.204(e)(6).................................         5/28/86  16 TexReg 6065..................         11/7/91
----------------------------------------------------------------------------------------------------------------

    (ii) Texas has partially or fully adopted, but is not authorized to
implement, the Federal rules that are listed in the following table.
The EPA will continue to implement the Federal HSWA requirements for
which Texas is not authorized until the State receives specific
authorization for those requirements. The EPA will not enforce the non-
HSWA Federal rules, although they may be enforceable under State law.
For those Federal rules that contain both HSWA and non-HSWA
requirements, the EPA will enforce only the HSWA portions of the rules.

----------------------------------------------------------------------------------------------------------------
                 Federal requirement                    Federal Register  reference        Publication date
----------------------------------------------------------------------------------------------------------------
Clarification of Standards for Hazardous Waste LDR     62 FR 64504.................  December 5, 1997.
 Treatment Variances (HSWA) (Checklist 162).
Organobromine Production Wastes; Petroleum Refining    64 FR 36365.................  June 8, 2000.
 Wastes; Identification and Listing of Hazardous
 Waste; Land Disposal Restrictions (HSWA) (Checklist
 187).
Zinc Fertilizers Made from Recycled Hazardous          67 FR 48393.................  July 24, 2002.
 Secondary Materials (HSWA and Non-HSWA) (Checklist
 200).
----------------------------------------------------------------------------------------------------------------

    (iii) The Federal rules listed in the table below are not delegable
to States. Texas has adopted these provisions and left the authority to
the EPA for implementation and enforcement.

----------------------------------------------------------------------------------------------------------------
                 Federal requirement                    Federal Register  reference        Publication date
----------------------------------------------------------------------------------------------------------------
Imports and Exports of Hazardous Waste:                61 FR 16290.................  April 12, 1996.
 Implementation of OECD Council Decision (HSWA)
 (Checklist 152).
OECD Requirements; Export Shipments of Spent Lead-     75 FR 1236..................  January 8, 2010.
 Acid Batteries (Non-HSWA) (Checklist 222).
----------------------------------------------------------------------------------------------------------------

    (iv) Texas has chosen not to adopt, and is not authorized to
implement, the following optional Federal rules:

----------------------------------------------------------------------------------------------------------------
                 Federal requirement                    Federal Register  reference        Publication date
----------------------------------------------------------------------------------------------------------------
NESHAPS Second Technical Correction, Vacatur (Non-     66 FR 24270.................  May 14, 2001.
 HSWA) (Checklist Rule 188.1).
Storage, Treatment, Transportation and Disposal of     66 FR 27218.................  May 16, 2001.
 Mixed Waste (Non-HSWA) (Checklist 191).

Inorganic Chemical Manufacturing Waste Identification  67 FR 17119.................  April 9, 2002.
 and Listing (HSWA/Non-HSWA) (Checklist Rule 195.1).
Land Disposal Restrictions: National Treatment         67 FR 62618.................  October 7, 2002.
 Variance to Designate New Treatment Subcategories
 for Radioactively Contaminated Cadmium, Mercury-
 Containing Batteries and Silver-Containing Batteries
 (HSWA) (Checklist 201).
NESHAP: Surface Coating of Automobiles and Light-Duty  69 FR 22601.................  April 26, 2004.
 Trucks (Non-HSWA) (Checklist 205).
Revisions to the Definition of Solid Waste (Non-HSWA)  73 FR 64668.................  October 30, 2008.
 (Checklist 219).
Expansion of RCRA Comparable Fuel Exclusion (Non-      73 FR 77954.................  December 19, 2008.
 HSWA) (Checklist 221).
Withdrawal of the Emission Comparable Fuel Exclusion   73 FR 33712.................  June 15, 2010.
 (Non-HSWA) (Checklist 224).
Removal of Saccharin and Its Salts from the Lists of   75 FR 78918.................  December 17, 2010.
 Hazardous Constituents (Non-HSWA) (Checklist Rule
 225).
----------------------------------------------------------------------------------------------------------------

    (5) Vacated Federal rules. Texas adopted and was authorized for the
following Federal rules which have since been vacated by the U.S. Court
of Appeals for the District of Columbia Circuit (D.C. Cir. No. 98-1379
and 08-1144, respectively; June 27, 2014):

----------------------------------------------------------------------------------------------------------------
                 Federal requirement                    Federal Register  reference        Publication date
----------------------------------------------------------------------------------------------------------------
Hazardous Waste Combustors; Revised Standards (HSWA)   63 FR 33782.................  June 19, 1998.
 (Checklist 168--40 CFR 261.4(a)(16) and 261.38 only).
Exclusion of Oil-Bearing Secondary Materials           73 FR 57....................  January 2, 2008.
 Processed in a Gasification System to Produce
 Synthesis Gas (Checklist 216--Definition of
 ``Gasification'' at 40 CFR 260.10 and amendment to
 40 CFR 261.4(a)(12)(i)).
Withdrawal of the Emission Comparable Fuel Exclusion   7 FR 33712..................  June 15, 2010.
 under RCRA (Checklist 224--amendments to 40 CFR
 261.4(a)(16) and 261.38).
----------------------------------------------------------------------------------------------------------------

    (6) Memorandum of Agreement. The Memorandum of Agreement between
EPA Region 6 and the State of Texas was signed by the Executive
Director of the Texas Commission on Environmental Quality (TCEQ) on
December 20, 2011, and by the EPA Regional Administrator on February
17, 2012. The 2012 Memorandum of Agreement was re-certified by the
Executive Director of the TCEQ on March 26, 2015, and the EPA Regional
Administrator on September 30, 2015, and is referenced as part of the
authorized hazardous waste management program under Subtitle C of RCRA,
42 U.S.C. 6921 et seq.
    (7) Statement of legal authority. ``Attorney General's Statement
for Final Authorization'', signed by the Attorney General of Texas on
May 22, 1984, and revisions, supplements, and addenda to that Statement
dated November 21, 1986, July 21, 1988, December 4, 1989, April 11,
1990, July 31, 1991, February 25, 1992, November 30, 1992, March 8,
1993, January 7, 1994, August 9, 1996, October 16, 1996, as amended
February 7, 1997, March 11, 1997, January 5, 1999, November 2, 1999,
March 1, 2002, July 16, 2008, December 6, 2011, February 22, 2013, and
June 10, 2016, are referenced as part of the authorized hazardous waste
management program under Subtitle C of RCRA, 42 U.S.C. 6921 et seq.
    (8) Program Description. The Program Description and any other
materials submitted as part of the original application or as
supplements thereto are referenced as part of the authorized hazardous
waste management program under Subtitle C of RCRA, 42 U.S.C. 6921 et
seq.
0
3. Appendix A to part 272 is amended by revising the listing for
``Texas'' to read as follows:

Appendix A to Part 272--State Requirements

* * * * *

Texas

    The statutory provisions include:
    Texas Health and Safety Code (THSC) Annotated, (Vernon, 2010):
Chapter 361, The Texas Solid Waste Disposal Act, sections 361.003
(except (3), (19), (27), (35), and (39)), 361.019(a), 361.0235,
361.066(a), 361.082(a) and (f), 361.086, 361.087, 361.0871(a),
361.094, 361.095(a), 361.099(b), and 361.110; Chapter 371, The Texas
Used Oil Collection, Management, and Recycling Act, sections
371.003, 371.024(b), 371.026(d), and 371.041.
    Copies of the Texas statutes that are incorporated by reference
are available from Thomson Reuters, 610 Opperman Drive, Eagan, MN
55123; Phone: 1-888-728-7677; website: http://legalsolutions.thomsonreuters.com.
    The regulatory provisions include:
    Texas Administrative Code (TAC), Title 30, Environmental
Quality, 2015, as amended, effective through December 31, 2014, and
where indicated, amendments effective January 8, 2015, as published
in the Texas Register on January 2, 2015 (40 TexReg 77); based on
the proposed rule published August 22, 2014 (39 TexReg 6376). Please
note that for some provisions, the authorized versions are found in
the TAC, Title 30, Environmental Quality, as amended effective
January 1, 1994, January 1, 1997, December 31, 1999, December 31,
2001, or December 31, 2012. Texas made subsequent changes to these
provisions, but these changes have not been authorized by EPA. Where
the provisions are taken from regulations other than those effective
December 31, 2014, notations are made below.
    Chapter 3, Section 3.2(25) ``Person''; Chapter 20, Section
20.15; Chapter 35, Section 35.402(e); Chapter 37, Sections 37.1
through 37.81, 37.100 through 37.161, 37.200 through 37.281, 37.301
through 37.381, 37.400 through 37.411, 37.501 through 37.551, 37.601
through 37.671, and 37.6001 through 37.6041; Chapter 281, Section
281.3(c);
    Chapter 305, Subchapter A--General Provisions, Sections 305.1(a)
(except the reference to Chapter 401, relative to Radioactive
Materials); 305.2 introductory paragraph (except the references to
THSC sections 401.003 and 401.004, relative to Radioactive Materials
and the reference to TWC 32.002); 305.2(1), (6), (11), (12), (14),
(15), (19), (20), (24), (26), (27), (28), (31), and (40)-(42);
305.3;
    Chapter 305, Subchapter C--Application for Permit or Post-
Closure Order, Sections 305.41 (except the reference to Chapter 401,
relative to Radioactive Materials and the reference to TWC Chapter
32); 305.42(a), (b), (d), and (f); 305.43(b); 305.44 (except (d));
305.45 (except (a)(7)(I) and (J)); 305.47; 305.50(a) introductory
paragraph-(a)(3) (except the last two sentences in

305.50(a)(2)); 305.50(a)(4) (December 31, 2012); 305.50(a)(5)-
(a)(8); 305.50(a)(13)-(a)(16); 305.50(b); 305.51;
    Chapter 305, Subchapter D--Amendments, Renewals, Transfers,
Corrections, Revocation, and Suspension of Permits, Sections 305.61;
305.62(a) (except the phrase in the first sentence ``Sec.  305.70 of
this title . . . Solid Waste Class I Modifications'' and the fifth
sentence ``If the permittee requests a modification of a municipal
solid waste permit . . . Sec.  305.70 of this title.''); 305.62(b);
305.62(c) introductory paragraph (except the phrase ``other than . .
. subsection (i) of this section''); 305.62(c)(1); 305.62(c)(2)
introductory paragraph; 305.62(c)(2)(A) (except the phrase ``except
for Texas Pollutant Discharge Elimination System (TPDES)
permits,''); 305.62(c)(2)(B) (except the phrase ``except for TPDES
permits,''); 305.62(d) (except (d)(6)); 305.62(e)-(h); 305.63(a)
(except the last sentence of (a)(3), and (a)(7)); 305.64(a);
305.64(b) (except (b)(4) and (b)(5)); 305.64(c) and (e); 305.64(g);
305.65; 305.66(a) (except (a)(7)-(a)(9)); 305.66(d); 305.67(a) and
(b); 305.69(a); 305.69(b) (except the phrases ``Additional Contents
of Application for an Injection Well Permit'' and ``Waste Containing
Radioactive Materials; and Application Fee'' at (b)(1)(A));
305.69(c); 305.69(d) (except (d)(7)); 305.69(e)-(h); 305.69(i)(3)
and (i)(4); 305.69(j); 305.69(k) (except (k) A.8-A.10);
    Chapter 305, Subchapter F--Permit Characteristics and
Conditions, Sections 305.121 (except the phrases ``radioactive
material disposal'' and ``subsurface area drip dispersal systems'');
305.122 (except (e)); 305.124; 305.125 introductory paragraph;
305.125(2) and (4); 305.125(5) (except the second sentence);
305.125(6)-(8); 305.125(9) (except (9)(C)); 305.125(10) (except the
phrases ``and 32'' and ``and 401.603''); 305.125(11) (except the
phrase ``as otherwise required by Chapter 336 of this title''
relative to Radioactive Substances in (11)(B)); 305.125(12)-(19),
and (21); 305.127 introductory paragraph; 305.127(1)(B)(iii);
305.127(1)(E) and (F); 305.127(2); 305.127(3)(A) (except the last
two sentences); 305.127(3)(B) and (C); 305.127(4)(B); 305.127(5)(C);
305.128;
    Chapter 305, Subchapter G--Additional Conditions for Hazardous
and Industrial Solid Waste Storage, Processing, or Disposal Permits,
Sections 305.141 through 305.145; 305.150;
    Chapter 305, Subchapter I--Hazardous Waste Incinerator Permits,
Sections 305.171 through 305.176;
    Chapter 305, Subchapter J--Permits for Land Treatment
Demonstrations Using Field Tests or Laboratory Analyses, Sections
305.181 through 305.184;
    Chapter 305, Subchapter K--Research, Development, and
Demonstration Permits, Sections 305.191 through 305.194;
    Chapter 305, Subchapter L--Groundwater Compliance Plan, Section
305.401(c);
    Chapter 305, Subchapter Q--Permits for Boilers and Industrial
Furnaces Burning Hazardous Waste, Sections 305.571 through 305.573;
    Chapter 305, Subchapter R--Resource Conservation and Recovery
Act Standard Permits for Storage And Treatment Units, Sections
305.650 through 305.661;
    Chapter 324, Subchapter A--Used Oil Recycling, Sections 324.1;
324.2 (except 324.2(2)); 324.3 (except 324.3(5)); 324.4; 324.6;
324.7; 324.11 through 324.16; 324.21; 324.22(d)(3);
    Chapter 335, Subchapter A--Industrial Solid Waste and Municipal
Hazardous Waste in General, Sections 335.1 introductory paragraph-
(4), (6)-(12), (16)-(19), (23), (24), (26)-(30), (33), (35)-(38),
(40)-(47), (48) (except for the phrase ``or is used for neutralizing
the pH of non-hazardous industrial solid waste''), (49)-(51), (53)-
(58), (60)-(64), (66), (67), (70)-(79), (81)-(115) (except the
phrase ``solid waste or'' at (89), (91), (92), (94), (95), and
(100)), (117)-(119) (except the phrase ``solid waste or'' at (117)),
(123)-(128) (except the phrase ``solid waste or'' at (124)), (130),
(132)-(136), (138)-(140)(A)(iii), (140)(A)(iv) introductory
paragraph (except the last sentence), (140)(B)-(G) (except the
phrase ``Except for materials described in subparagraph (H) of this
paragraph.'' at (D) and (G) introductory paragraphs),), (140)(I) and
(J), (141), (142), (144)-(154) (except the phrase ``solid waste or''
at (147), (150) and (152)), (155)-(159) (except the phrase ``or
industrial solid'' at (155), (158), and (159)), (161)-(170) (except
the phrase ``solid waste or'' at (164)), (171) (except the phrase
``or industrial solid'' at (171)(B)), (172)-(174), and (175) (except
the phrase ``solid waste or'') (40 TexReg 77, effective January 8,
2015); 335.2 (except (b), (d), (h), (k) and (n)); 335.4; 335.5
(except (d)); 335.6(a); 335.6(b) (January 1, 1997); 335.6(c);
335.6(d) (except the last sentence) (January 1, 1994); 335.6(e)
(January 1, 1994); 335.6(f) and (g); 335.6(h) (except the third
sentence); 335.6(i) and (j); 335.7; 335.8(a)(1) and (2); 335.9(a)
(except (a)(2) and (3)); 335.9(a)(2) and (3) (January 1, 1997);
335.9(b) (January 1, 1994); 335.10(a) and (b); 335.11(a); 335.12(a);
335.13(a) (January 1, 1997); 335.13(c) and (d) (January 1, 1994);
335.13(e) and (f) (January 1, 1997); 335.13(g) (January 1, 1994);
335.13(k); 335.14; 335.15 introductory paragraph (January 1, 1994);
335.15(1); 335.15(3) (except two references to ``Class 1 Waste'' at
introductory paragraph); 335.17(a); 335.18(a); 335.19 (except
335.19(d)); 335.20 through 335.23(1); 335.23(2) (January 1, 1994);
335.24(a)-(f); 335.24(m) and (n); 335.29 through 335.31;
    Chapter 335, Subchapter B--Hazardous Waste Management General
Provisions, Sections 335.41(a)-(c); 335.41(d) introductory paragraph
and (d)(2)-(4); 335.41(d)(1) (December 31, 2001); 335.41(e)-(j);
335.43(a); 335.44; 335.45; 335.47 (except (b) and second sentence in
(c)(3)); 335.47(b) (December 31, 1999);
    Chapter 335, Subchapter C-Standards Applicable to Generators of
Hazardous Waste, Sections 335.61 (except (f)); 335.62; 335.63;
335.65 through 335.68; 335.69 (except ``and (n)'' in (a)
introductory paragraph, (i), and (n)); 335.70; 335.71; 335.73
through 335.75; 335.76 (except (h)); 335.77; 335.78(a); 335.78(b)
(January 1, 1997); 335.78(c); 335.78(d) (except (d)(2)); 335.78(e)
introductory paragraph (January 1, 1997); 335.78(e)(1) and (2);
335.78(f) (except 335.78(f)(2)); 335.78(f)(2) (January 1, 1997);
335.78(g) (except (g)(2)); 335.78(g)(2) (January 1, 1997);
335.78(h)-(j); 335.79;
    Chapter 335, Subchapter D--Standards Applicable to Transporters
of Hazardous Waste, Sections 335.91 (except (e)); 335.92; 335.93
(except (e)); 335.93(e) (December 31, 1999); 335.94;
    Chapter 335, Subchapter E--Interim Standards for Owners and
Operators of Hazardous Waste Treatment, Storage, or Disposal
Facilities, Sections 335.111; 335.112 (except (a)(17)); 335.113;
335.115 through 335.128;
    Chapter 335, Subchapter F--Permitting Standards for Owners and
Operators of Hazardous Waste Treatment, Storage, or Disposal
Facilities, Sections 335.151 through 335.153; 335.155 (except
335.155(1)); 335.155(1) (40 TexReg 77, effective January 8, 2015
(August 22, 2014 proposed rule (39 TexReg 6376))); 335.156 through
335.179;
    Chapter 335, Subchapter G--Location Standards for Hazardous
Waste Storage, Processing, or Disposal, Sections 335.201(a) (except
(a)(3)); 335.201(c); 335.202 introductory paragraph; 335.202(2),
(4), (9)-(11), (13), and (15)-(18); 335.203; 335.204(a) introductory
paragraph-(a)(5); 335.204(b)(1)-(6); 335.204(c)(1)-(5);
335.204(d)(1)-(5); 335.204(e) introductory paragraph; 335.204(e)(1)
introductory paragraph (except the phrase ``Except as . . . (B) of
this paragraph,'' and the word ``event'' at the end of the
paragraph); 335.204(e)(2)-(7); 335.204(f); 335.205(a) introductory
paragraph-(a)(2) and (e);
    Chapter 335, Subchapter H--Standards for the Management of
Specific Wastes and Specific Types of Facilities, Sections
335.211(a) (40 TexReg 77, effective January 8, 2015); 335.211(b) and
(c); 335.212 through 335.214; 335.221 through 335.225;
335.241(except (b)(4)); 335.251; 335.261 (except (b) introductory
paragraph, (b)(6), (b)(15) and (e)); 335.261(b) introductory
paragraph, (b)(6), and (b)(15) (40 TexReg 77, effective January 8,
2015 (August 22, 2014 proposed rule (39 TexReg 6376))); 335.271;
335.272;
    Chapter 335, Subchapter O--Land Disposal Restrictions, Section
335.431 (except (c)(1); 335.431(c)(1) (39 TexReg 6376, effective
August 22, 2014 (August 22, 2014 proposed rule (39 TexReg 6376)));
    Chapter 335, Subchapter R--Waste Classification, Sections
335.504 (except 335.504(1)); 335.504(1) (40 TexReg 77, effective
January 8, 2015 (August 22, 2014 proposed rule (39 TexReg 6376)));
    Chapter 335, Subchapter U--Standards For Owners and Operators Of
Hazardous Waste Facilities Operating Under A Standard Permit,
Sections 601 and 602.
    Copies of the Texas regulations that are incorporated by
reference are available from Thomson Reuters, 610 Opperman Drive,
Eagan, MN 55123; Phone: 1-888-728-7677; website: http://legalsolutions.thomsonreuters.com.
* * * * *
[FR Doc. 2018-22998 Filed 10-23-18; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 4 (Thursday, January 6, 2011)]
[Notices]
[Pages 791-792]
[FR Doc No: 2010-33361]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1951-DR; Docket ID FEMA-2010-0002]

Vermont; Amendment No. 1 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Vermont (FEMA-1951-DR), dated December 22, 2010, and
related determinations.

DATES: Effective Date: December 23, 2010.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) hereby gives notice that pursuant to the authority vested in the
Administrator, under Executive Order 12148, as amended, Craig A.
Gilbert, of FEMA is appointed to act as the Federal Coordinating
Officer for this disaster.
    This action terminates the appointment of Albert Lewis as Federal
Coordinating Officer for this disaster.

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals

and Households--Other Needs; 97.036, Disaster Grants--Public
Assistance (Presidentially Declared Disasters); 97.039, Hazard
Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2010-33361 Filed 1-5-11; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 78, Number 155 (Monday, August 12, 2013)]
[Proposed Rules]
[Pages 48840-48841]
[FR Doc No: 2013-19445]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2013-0585; Airspace Docket No. 13-ACE-7]

Proposed Amendment of Class E Airspace; Hampton, IA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend Class E airspace at Hampton, IA.
Decommissioning of the Hampton non-directional beacon (NDB) at Hampton
Municipal Airport has made reconfiguration necessary for standard
instrument approach procedures and for the safety and management of
Instrument Flight Rules (IFR) operations at the airport.

DATES: 0901 UTC. Comments must be received on or before September 26,
2013.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590-0001. You
must identify the docket number FAA-2013-0585/Airspace Docket No. 13-
ACE-7, 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. The Docket
Office (telephone 1-800-647-5527), is on the ground floor of the
building at the above address.

FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center,
Operations Support Group, Federal Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone: 817-321-
7716.

SUPPLEMENTARY INFORMATION:

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 of proposed
rulemaking must submit with those comments a self-addressed, stamped
postcard on which the following statement is made: ``Comments to Docket
No. FAA-2013-0585/Airspace Docket No. 13-ACE-7.'' The postcard will be
date/time stamped and returned to the commenter.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://www.faa.gov/airports_airtraffic/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 ``ADDRESSES'' section for 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 office of the Central Service Center, 2601
Meacham Blvd., Fort Worth, TX 76137.
    Persons interested in being placed on a mailing list for future
NPRMs should contact the FAA's Office of Rulemaking

202-267-9677, to request a copy of Advisory Circular No. 11-2A, Notice
of Proposed Rulemaking Distribution System, which describes the
application procedure.

The Proposal

    This action proposes to amend Title 14, Code of Federal Regulations
(14 CFR), Part 71 by modifying Class E airspace extending upward from
700 feet above the surface for standard instrument approach procedures
at Hampton Municipal Airport, Hampton, IA. A segment would extend from
the 6.4-mile radius of the airport to 7.7 miles south of the airport.
Airspace reconfiguration is necessary due to the decommissioning of the
Hampton NDB and the cancellation of the NDB approach. Controlled
airspace is necessary for the safety and management of IFR operations
at the airport.
    Class E airspace areas are published in Paragraph 6005 of FAA Order
7400.9W, dated August 8, 2012 and effective September 15, 2012, which
is incorporated by reference in 14 CFR 71.1. The Class E airspace
designation listed in this document would be published subsequently in
the Order.
    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
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, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, 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 proposed regulation is within the scope of that
authority as it would amend controlled airspace at Hampton Municipal
Airport, Hampton, IA.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1E, ``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

    In consideration of the foregoing, 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 part 71 continues to read as follows:

     Authority:  49 U.S.C. 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 7400.9W,
Airspace Designations and Reporting Points, dated August 8, 2012, and
effective September 15, 2012, is amended as follows:

Paragraph 6005 Class E Airspace areas extending upward from 700
feet or more above the surface of the earth.

* * * * *

ACE IA E5 Hampton, IA [Amended]

Hampton Municipal Airport, IA
    (Lat. 42[deg]43'25'' N., long. 93[deg]13'35'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.4-mile radius of Hampton Municipal Airport, and within 2
miles each side of the 177[deg] bearing from the airport extending
from the 6.4-mile radius to 7.7 miles south of the airport.

    Issued in Fort Worth, TX, on July 26, 2013.
David P. Medina,
Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2013-19445 Filed 8-9-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 251 (Friday, December 30, 2011)]
[Rules and Regulations]
[Pages 82179-82180]
[FR Doc No: 2011-33198]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 390

Drivers of CMVs: Restricting the Use of Cellular Phones

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Final rule; correction.

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SUMMARY: FMCSA is correcting a Final Rule that appeared in the Federal
Register on December 2, 2011 (76 FR 75470), which restricted the use of

hand-held mobile telephones by drivers of commercial motor vehicles.
That rule was jointly issued by FMCSA and Pipeline and Hazardous
Materials Safety Administration (PHMSA), but this correction only
affects an FMCSA regulation.

DATES: Effective January 3, 2012.

FOR FURTHER INFORMATION CONTACT: Mr. Brian Routhier, Transportation
Specialist, Federal Motor Carrier Safety Administration, Vehicle and
Roadside Operation Division, at<PHONE_NUMBER> or<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: For FMCSA and PHMSA's Final Rule published
on December 2, 2011 (76 FR 75470), the following correction is made:

Sec.  390.3  [Corrected]

0
On page 75487, in Sec.  390.3, paragraph (f)(1), correct ``(g)(2)'' to
``(f)(2)''.

    Issued on: December 21, 2011.
Larry Minor,
Associate Administrator for Policy, Federal Motor Carrier Safety
Administration.
[FR Doc. 2011-33198 Filed 12-29-11; 8:45 a.m.]
BILLING CODE 4910-EX-P