[Federal Register Volume 84, Number 131 (Tuesday, July 9, 2019)]
[Notices]
[Pages 32759-32760]
[FR Doc No: 2019-14601]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-3411-EM; Docket ID FEMA-2019-0001]

Oklahoma; Amendment No. 1 to Notice of an Emergency Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of an emergency declaration for
the State of Oklahoma (FEMA-3411-EM), dated May 25, 2019, and related
determinations.

DATES: This amendment was issued June 21, 2019.

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

SUPPLEMENTARY INFORMATION: Notice is hereby given that the incident
period for

this emergency is closed effective June 9, 2019.

    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.

Pete Gaynor,
Acting Administrator, Federal Emergency Management Agency.
[FR Doc. 2019-14601 Filed 7-8-19; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 83, Number 128 (Tuesday, July 3, 2018)]
[Notices]
[Page 31255]
[FR Doc No: 2018-14271]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. 2018-0107]

Petition for Exemption; Summary of Petition Received; HessJet,
LLC

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice.

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

SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of Federal Aviation Regulations. The
purpose of this notice is to improve the public's awareness of, and
participation in, the FAA's exemption process. Neither publication of
this notice nor the inclusion or omission of information in the summary
is intended to affect the legal status of the petition or its final
disposition.

DATES: Comments on this petition must identify the petition docket
number and must be received on or before July 23, 2018.

ADDRESSES: Send comments identified by docket number FAA-2018-0107
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE, Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to http://www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
http://www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Keira Jones<PHONE_NUMBER>, Office of
Rulemaking, Federal Aviation Administration, 800 Independence Avenue
SW, Washington, DC 20591.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on June 22, 2018.
Lirio Liu,
Executive Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2018-0107.
    Petitioner: HessJet, LLC.
    Section(s) of 14 CFR Affected: Sec.  135.225(a).
    Description of Relief Sought: The petitioner seeks an exemption
from Sec.  135.225(a) to allow HessJet to conduct IFR approach
procedures in fixed wing aircraft at airports that do not have an
approved weather reporting source. The petitioner proposes to use the
safety procedures of part 97, Instrument Approach Procedures, to
airports not equipped with weather reporting facilities.

[FR Doc. 2018-14271 Filed 7-2-18; 8:45 am]
 BILLING CODE 4910-13-P


B. Regulatory Flexibility Act (RFA), as Amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 USC 601 et. seq.

The RFA generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the Administrative Procedure Act or any other statute unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Small entities include small businesses, small organizations, and small governmental jurisdictions. For purposes of assessing the impacts of today's rule on small entities, small entity is defined as: (1) A small business that has fewer than 1000 or 100 employees per firm depending upon the SIC code the firm primarily is classified; (2) a small governmental jurisdiction that is a government of a city, county, town, school district or special district with a population of less than 50,000; and (3) a small organization that is any not for profit enterprise which is independently owned and operated and is not dominant in its field.

VerDate Jul< 19> 2002 16: 35 Jul 23, 2002 Jkt 197001 PO 00000 Frm 00057 Fmt 4700 Sfmt 4700 E:\ FR\ FM\ 24JYR1. SGM pfrm12 PsN: 24JYR1 48410 Federal Register / Vol. 67, No. 142 / Wednesday, July 24, 2002 / Rules and Regulations After considering the economic impacts of today's final rule on small entities, we have determined that this action will not have a significant economic impact on a substantial number of small entities. In determining whether a rule has a significant economic impact on a substantial number of small entities, the impact of concern is any significant adverse economic impact on small entities, since the primary purpose of the regulatory flexibility analyses is to identify and address regulatory alternatives `` which minimize any significant economic impact of the proposed rule on small entities'' (5 U. S. C. 603 and 604). Thus, an agency may certify that a rule will not have a significant economic impact on a substantial number of small entities if the rule relieves regulatory burden, or otherwise has a positive economic effect on all of the small entities subject to the rule. There is one small entity incurring incremental costs and offsetting increased revenues resulting from this rulemaking. This firm is Frit Inc, a zinc oxysulfate fertilizer producer. Frit has one facility co located onsite with Nucor Steel's Norfolk, Nebraska facility. Frit has been producing zinc oxysulfate fertilizer from Nucor's baghouse dust (K061, a listed hazardous waste). As result of this rulemaking, Frit will no longer be able to make zinc oxysulfate from Nucor's dust. This is due to both the removal of the exemption of K061 derived fertilizer's from LDR requirements and metal limits on zinc fertilizers made from hazardous secondary materials. EPA understands that Frit is ceasing operations at the Norfolk, Nebraska facility. In the economic analysis of the proposed rulemaking, EPA had modeled Frit switching from zinc oxysulfate to zinc sulfate monohydrate at Nucor's facility as the most cost effective postregulatory alternative. In public comment on the proposed rulemaking, The Fertilizer Institute, a trade association of which Frit is a member, commented that EPA's economic analysis had not accounted for costs of switching and operating from zinc oxysulfate to zinc sulfate monohydrate. Although EPA agrees with some of The Fertilizer Institute's comments and disagrees with others (for more information see the Response to Comments document to today's rulemaking), when EPA reevaluated two possible alternative regulatory responses for Frit to this rulemaking (1. switching from zinc oxysulfate to zinc sulfate monohydrate, and 2. switching from hazardous secondary sources to nonhazardous secondary sources), we determined that switching to nonhazardous sources of zinc bearing secondary materials would be more cost effective for Frit than switching its production to ZSM. This is because although it costs more to purchase nonhazardous zinc bearing secondaries, the fertilizers produced from the nonhazardous sources are sold at a higher price due to lower nonnutritive mineral content (i. e. lead and cadmium). Because Frit is ceasing operations at the Nucor site, EPA has modeled the firm consolidating its operations at another company facility to produce zinc oxysulfate from nonhazardous sources. EPA has estimated that Frit's costs for nonhazardous feedstocks will increase by $2.9 million. Also, Frit should realize increased revenues of $3.4 million that offset these costs and increase profit by $0.49 million. Thus, Frit should not be significantly impacted by this rule even though it will be required to incur additional costs when substituting to nonhazardous sources. Moreover, EPA does not believe that one regulated entity constitutes a substantial number of small entities in the zinc micronutrient industry. There are several other firms producing zinc micronutrient fertilizers, some of them small businesses. As discussed below, this rule will benefit many of these firms. It is also likely that even in the absence of this rulemaking that opportunities to market K061 derived fertilizers would become more limited in response to decreased consumer demand for fertilizers with high nonnutritive mineral content. EPA notes that there is currently a market trend away from zinc fertilizers with high heavy metal content (see www. chemexpo. com/ news/ newsframe. cfm? framebody=/ news/ profile. cfm as obtained April 12, 2002 for zinc sulfate). Therefore, it is likely that even in the absence of this rulemaking, the market for zinc fertilizers with relatively high heavy metal content, such as K061 derived zinc oxysulfate, is declining in favor of cleaner zinc fertilizers. And in the past 3 years, there has been a trend away from using K061 in fertilizer production. Two of the three firms that had used K061 in 1997 in zinc oxysulfate production had ceased using this hazardous feedstock prior to EPA's proposed fertilizer rulemaking. EPA also notes that this rulemaking will assist many small businesses that either generate hazardous zinc bearing secondary feedstocks or use those feedstocks in fertilizer production by opening up markets for these materials including brass dust, tire ash, and zinc oxides from steel waste. Brass foundries, brass mills, and brass ingot makers are examples of the types of small business generators likely to benefit from today's final rule. The Agency has received favorable public comments from trade associations representing small business generators of hazardous zinc bearing secondaries. Other small business producers of zinc sulfate monohydrate such as Big River Zinc, and Madison Industries will benefit from increased supplies of zinc bearing secondaries. For more information, please refer to the background document entitled `` Economic Analysis for Regulatory Modifications to the Definition of Solid Waste For Zinc Containing Hazardous Waste Derived Fertilizers, Notice of Final Rulemaking, '' which was placed in the docket for today's final rule. For the reasons discussed above, I hereby certify that this rule will not have a significant adverse economic impact on a substantial number of small entities.

C. Paperwork Reduction Act The information collection requirements in this final rule have been submitted for approval to the Office of Management and Budget (OMB) under the Paperwork Reduction Act, 44 U. S. C. 3501 et seq. An Information Collection Request (ICR) document has been prepared by EPA (ICR No. 1189. XX). A copy of this ICR may be obtained from Sandy Farmer, OPIA Regulatory Information Division, U. S. Environmental Protection Agency (2137), 1200 Pennsylvania Avenue, NW., Washington DC 20460, or by calling (202) 260– 2740 and a copy may be obtained from Sandy Farmer by mail at OPPE Regulatory Information Division; U. S. Environmental Protection Agency (2137); 401 M St., SW.; Washington, DC 20460, by e mail at farmer. sandy@ epamail. epa. gov, or by calling (202) 260– 2740. A copy may also be downloaded off the Internet at http:/ /www. epa. gov/ icr. EPA has finalized the following conditions for reporting and recordkeeping by generators and manufacturers: The rule requires generators to submit a one time notice to the EPA Regional Administrator (or the state Director in an authorized state) and to maintain all records of all shipments of excluded hazardous secondary materials for a minimum of three years As a condition of the exclusion, manufacturers will be required to submit a one time notice, retain for a minimum of three years VerDate Jul< 19> 2002 16: 35 Jul 23, 2002 Jkt 197001 PO 00000 Frm 00058 Fmt 4700 Sfmt 4700 E:\ FR\ FM\ 24JYR1. SGM pfrm12 PsN: 24JYR1 48411 Federal Register / Vol. 67, No. 142 / Wednesday, July 24, 2002 / Rules and Regulations records of all shipments of excluded hazardous secondary materials that were received by the zinc fertilizer manufacturer during that period, and submit an annual report identifying the types, quantities and origins of all such excluded materials that were received by the manufacturer in the preceding year. The manufacturer will also be required to perform sampling and analysis of the fertilizer product to determine compliance with the contaminant limits for metals no less than every six months, and for dioxins no less than every twelve months. Additional testing will be required when changes to processes or feedstock materials are made that could significantly alter the composition of the fertilizer products. These conditions replace the current hazardous waste regulatory requirements for reporting and recordkeeping, and are designed to improve the accountability system, and government oversight capabilities, over the handling of secondary materials used to make zinc fertilizers. EPA estimates that the total annual respondent burden for the new paperwork requirements in the rule is approximately 61 hours per year and the annual respondent cost for the new paperwork requirements in the rule is approximately $12,653. However, in addition to the new paperwork requirements in the rule, EPA also estimated the burden and cost savings that generators and manufacturers could expect as a result of no longer needing to comply with the existing RCRA hazardous waste information collection requirements for the excluded materials. This cost savings of $21,149 minus the $12,653 cost for the new paperwork requirements will result in an overall cost savings $8,496. The net cost to EPA of administering the rule was estimated at approximately $244 per year. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An Agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR Chapter 15.

D. Unfunded Mandates Reform Act Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public Law 104– 4, establishes requirements for Federal Agencies to assess the effects of their regulatory actions on State, local, and tribal governments and the private sector. Under section 202 of the UMRA, EPA must prepare a written analysis, including a cost benefit analysis, for proposed and final rules with `` Federal mandates'' that may result in expenditures to State, local, and tribal governments, in the aggregate, or to the private sector, of $100 million or more in any one year. Before promulgating an EPA rule for which a written statement is needed, section 205 of the UMRA requires EPA to identify and consider a reasonable number of regulatory alternatives and adopt the least costly, most cost effective, or least burdensome alternative that achieves the objectives of the rule. The provisions of § 205 do not apply when they are inconsistent with applicable law. Before EPA establishes any regulatory requirements that may significantly or uniquely affect small governments, including tribal governments, it must have developed under § 203 of the UMRA a small government agency plan. The plan must provide for notifying potentially affected small governments, enabling officials to have meaningful and timely input in the development of regulatory proposals, and informing, educating, and advising small governments on compliance with the regulatory requirements. This rule does not include a Federal mandate that may result in expenditures of $100 million or more to State, local, or tribal governments in the aggregate, because this rule imposes no enforceable duty on any State, local, or tribal governments. EPA also has determined that this rule contains no regulatory requirements that might significantly or uniquely affect small governments. In addition, as discussed above, the private sector is not expected to incur costs exceeding $100 million. Therefore, today's proposed rule is not subject to the requirements of Sections 202, 203, and 205 of UMRA. E. Federalism— Applicability of Executive Order 13132 Executive Order 13132, entitled `` Federalism'' (64 FR 43255, August 10, 1999), requires EPA to develop an accountable process to ensure `` meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications. '' `` Policies that have federalism implications'' is defined in the Executive Order to include regulations that have `` substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. '' Under Section 6 of Executive Order 13132, EPA may not issue a regulation that has federalism implications, that imposes substantial direct compliance costs, and that is not required by statute, unless the Federal government provides the funds necessary to pay the direct compliance costs incurred by State and local governments, or EPA consults with State and local officials early in the process of developing the proposed regulation. EPA also may not issue a regulation that has federalism implications and that preempts State law, unless the Agency consults with State and local officials early in the process of developing the proposed regulation. Section 4 of the Executive Order contains additional requirements for rules that preempt State or local law, even if those rules do not have federalism implications (i. e., the rules 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). Those requirements include providing all affected State and local officials notice and an opportunity for appropriate participation in the development of the regulation. If the preemption is not based on express or implied statutory authority, EPA also must consult, to the extent practicable, with appropriate State and local officials regarding the conflict between State law and Federally protected interests within the agency's area of regulatory responsibility. This rule does not have federalism implications. It will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in VerDate Jul< 19> 2002 16: 35 Jul 23, 2002 Jkt 197001 PO 00000 Frm 00059 Fmt 4700 Sfmt 4700 E:\ FR\ FM\ 24JYR1. SGM pfrm12 PsN: 24JYR1 48412 Federal Register / Vol. 67, No. 142 / Wednesday, July 24, 2002 / Rules and Regulations Executive Order 13132. This rule directly affects primarily zinc micronutrient producers and generators of hazardous wastes used in zinc fertilizer production. There are no State and local government bodies that incur direct compliance costs by this rulemaking. And State and local government implementation expenditures are expected to be less than $500,000 in any one year (for more information, please refer to the background document entitled `` Federalism Analysis (Executive Order 13132) for Zinc Containing Hazardous Waste Derived Fertilizers, Notice of Proposed Rulemaking: Substantial Direct Effects'', August 2000). Thus, the requirements of section 6 of the Executive Order do not apply to this rule. This rule preempts State and local law that is less stringent for these zincbearing hazardous wastes. Under the Resource Conservation and Recovery Act (RCRA), 42 U. S. C. 6901 to 6992k, the relationship between the States and the national government with respect to hazardous waste management is established for authorized State hazardous waste programs, 42 U. S. C. 6926 (section 3006), and retention of State authority, 42 U. S. C. 6929 (section 3009). Under section 3009 of RCRA, States and their political subdivisions may not impose requirements less stringent for hazardous waste management than the national government.

F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments Executive Order 13175, entitled `` Consultation and Coordination with Indian Tribal Governments'' (65 FR 67249, November 9, 2000), requires EPA to develop an accountable process to ensure `` meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications. '' This final rule does not have tribal implications, as specified in Executive Order 13175. Today's rule does not significantly or uniquely affect the communities of Indian tribal governments, nor would it impose substantial direct compliance costs on them. Thus, Executive Order 13175 does not apply to this rule.

G. Executive Order 13045: Protection of Children From Environmental Risks and Safety Risks The Executive Order 13045, entitled `` Protection of Children from Environmental Health Risks and Safety Risks (62 FR 19885, April 23, 1997) applies to any rule that EPA determines (1) is `` economically significant'' as defined under Executive Order 12866, and (2) the environmental health or safety risk addressed by the rule has a disproportionate effect on children. If the regulatory action meets both criteria, the Agency must evaluate the environmental health or safety effects of the planned rule on children; and explain why the planned regulation is preferable to other potentially effective and reasonably feasible alternatives considered. This final rule is not subject to the Executive Order because it is not economically significant as defined in Executive Order 12866, and because the Agency does not have reason to believe the environmental health or safety risks addressed by this rule present a disproportionate risk to children. EPA's fertilizer risk assessment modeled a number of pathways by which farmers and their children could be exposed to metals and dioxins in fertilizer products applied at recommended rates and frequencies. Exposure was modeled through both direct and indirect pathways. The direct pathways considered were the inhalation pathway, including inhalation of windblown emissions, and from emissions during product application and tilling. Direct ingestion of soils amended with fertilizers was also modeled. The indirect exposure pathways considered were ingestion of plants (vegetables, fruits, and root vegetables) grown on soils amended with fertilizer products containing metals and dioxins, ingestion of beef and dairy products produced on land amended with these products, and ingestion of home caught fish from a stream adjacent to the farmer's agricultural field. EPA's fertilizer risk assessment used a probabilistic methodology to estimate incremental lifetime cancer and noncancer risks to farmers and farm children. The general conclusion of the risk assessment was that fertilizers generally do not pose harm to human health or the environment. Since today's final rule is expected to reduce the overall levels of contaminants in zinc fertilizers made from hazardous secondary materials, the Agency expects that the impacts of this rule on childrens' health will be positive, albeit relatively small.

H. National Technology Transfer and Advancement Act of 1995 Section 12( d) of the National Technology Transfer and Advancement Act of 1995 (`` NTTAA''), Public Law No. 104– 113, section 12( d) (15 U. S. C. 272 note) directs EPA to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e. g., materials specifications, test methods, sampling procedures, and business practices) that are developed or adopted by voluntary consensus standards bodies. The NTTAA directs EPA to provide Congress, through OMB, explanations when the Agency decides not to use available and applicable voluntary consensus standards. This rule establishes a conditional exclusion for zinc fertilizers based on contaminant levels for metals and dioxins. After considering alternatives, EPA has determined that it would be impractical and inappropriate to use voluntary consensus standards in this rulemaking, for the reasons discussed in more detail in in Section III. D of this preamble.

I. Executive Order 12898 EPA is committed to addressing environmental justice concerns and is assuming a leadership role in environmental justice initiatives to enhance environmental quality for all populations in the United States. The Agency's goals are to ensure that no segment of the population, regardless of race, color, national origin, or income bears disproportionately high and adverse human health or environmental impacts as a result of EPA's policies, programs, and activities, and that all people live in safe and healthful environments. In response to Executive Order 12898 and to concerns voiced by many groups outside the Agency, EPA's Office of Solid Waste and Emergency Response formed an Environmental Justice Task Force to analyze the array of environmental justice issues specific to waste programs and to develop an overall strategy to identify and address these issues (OSWER Directive No. 9200.3– 17). Today's rule pertains to hazardous wastes used in zinc micronutrient production, and is intended to reduce risks of excluded hazardous secondary materials, and benefit all populations. As such, this rule is not expected to cause any disproportionately high and adverse impacts to minority or lowincome communities versus nonminority or affluent communities. Excluded hazardous secondary materials will be subject to protective conditions regardless of where they are generated and regardless of where they may be managed. Although the Agency understands that the exclusion may affect where these wastes are managed in the future, the Agency's decision to conditionally exclude these materials is VerDate Jul< 19> 2002 16: 35 Jul 23, 2002 Jkt 197001 PO 00000 Frm 00060 Fmt 4700 Sfmt 4700 E:\ FR\ FM\ 24JYR1. SGM pfrm12 PsN: 24JYR1 48413 Federal Register / Vol. 67, No. 142 / Wednesday, July 24, 2002 / Rules and Regulations independent of any decisions regarding the location of waste generators and the siting of waste management facilities. Today's rule will reduce loadings of toxic non nutritive constituents to the soil, and will ensure proper management of secondary materials at affected facilities. EPA believes that these provisions of the rule will benefit all populations in the United States, including low income and minority communities.

J. Executive Order 13211 (Energy Effects)

This rule is not a `` significant energy action'' as defined in Executive Order 13211, `` Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355 (May 22, 2001)) because it is not likely to have a significant adverse effect on the supply, distribution, or use of energy. This rule applies to a discrete sector of the economy and potentially adversely affects fewer than 20 firms. This rule reduces regulatory burden and creates markets for hazardous zinc bearing secondary materials. It thus does not adversely affect energy supply, distribution or use.

K. Congressional Review Act The Congressional Review Act, 5 U. S. C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule 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). This rule will be effective on July 24, 2002, except for the amendment to 40 CFR 266.20( b), which eliminates the exemption from treatment standards for fertilizers made from recycled electric arc furnace dust. The effective date for that provision in today's final rule is January 24, 2003.

List of Subjects 40 CFR Part 261 Environmental protection, Hazardous waste, Recycling, Reporting and recordkeeping requirements. 40 CFR Part 266 Environmental protection, Energy, Hazardous waste, Recycling, Reporting and recordkeeping requirements.

40 CFR Part 268 Environmental protection, Hazardous waste, Reporting and recordkeeping requirements.

40 CFR Part 271 Environmental proteciton, Hazardous waste, Reporting and recordkeeping requirements.

Dated: July 15, 2002. Christine Todd Whitman, Administrator.

For the reasons set forth in the preamble, title 40, chapter I of the Code of Federal Regulations is amended as follows:

PART 261— IDENTIFICATION AND LISTING OF HAZARDOUS WASTE 1. The authority citation for part 261 continues to read as follows:

Authority: 42 U. S. C. 6905, 6912( a), 6921, 6922, 6924( y), and 6938.

Subpart A— General 2. Section 261.4 is amended by adding paragraphs (a)( 20) and (a)( 21) to read as follows:

§ 261.4 Exclusions.

(a) * * * (20) Hazardous secondary materials used to make zinc fertilizers, provided that the following conditions specified are satisfied: (i) Hazardous secondary materials used to make zinc micronutrient fertilizers must not be accumulated speculatively, as defined in § 261.1 (c)( 8). (ii) Generators and intermediate handlers of zinc bearing hazardous secondary materials that are to be incorporated into zinc fertilizers must: (A) Submit a one time notice to the Regional Administrator or State Director in whose jurisdiction the exclusion is being claimed, which contains the name, address and EPA ID number of the generator or intermediate handler facility, provides a brief description of the secondary material that will be subject to the exclusion, and identifies when the manufacturer intends to begin managing excluded, zinc bearing hazardous secondary materials under the conditions specified in this paragraph (a)( 20). (B) Store the excluded secondary material in tanks, containers, or buildings that are constructed and maintained in a way that prevents releases of the secondary materials into the environment. At a minimum, any building used for this purpose must be an engineered structure made of nonearthen materials that provide structural support, and must have a floor, walls and a roof that prevent wind dispersal and contact with rainwater. Tanks used for this purpose must be structurally sound and, if outdoors, must have roofs or covers that prevent contact with wind and rain. Containers used for this purpose must be kept closed except when it is necessary to add or remove material, and must be in sound condition. Containers that are stored outdoors must be managed within storage areas that: (1) have containment structures or systems sufficiently impervious to contain leaks, spills and accumulated precipitation; and (2) provide for effective drainage and removal of leaks, spills and accumulated precipitation; and (3) prevent run on into the containment system. (C) With each off site shipment of excluded hazardous secondary materials, provide written notice to the receiving facility that the material is subject to the conditions of this paragraph (a)( 20). (D) Maintain at the generator's or intermediate handlers's facility for no less than three years records of all shipments of excluded hazardous secondary materials. For each shipment these records must at a minimum contain the following information: (1) Name of the transporter and date of the shipment; (2) Name and address of the facility that received the excluded material, and documentation confirming receipt of the shipment; and (3) Type and quantity of excluded secondary material in each shipment. (iii) Manufacturers of zinc fertilizers or zinc fertilizer ingredients made from excluded hazardous secondary materials must: (A) Store excluded hazardous secondary materials in accordance with the storage requirements for generators and intermediate handlers, as specified in paragraph (a)( 20)( ii)( B) of this section. (B) Submit a one time notification to the Regional Administrator or State Director that, at a minimum, specifies the name, address and EPA ID number of the manufacturing facility, and identifies when the manufacturer intends to begin managing excluded, zinc bearing hazardous secondary materials under the conditions specified in this paragraph (a)( 20).

VerDate Jul< 19> 2002 16: 35 Jul 23, 2002 Jkt 197001 PO 00000 Frm 00061 Fmt 4700 Sfmt 4700 E:\ FR\ FM\ 24JYR1. SGM pfrm12 PsN: 24JYR1 48414 Federal Register / Vol. 67, No. 142 / Wednesday, July 24, 2002 / Rules and Regulations (C) Maintain for a minimum of three years records of all shipments of excluded hazardous secondary materials received by the manufacturer, which must at a minimum identify for each shipment the name and address of the generating facility, name of transporter and date the materials were received, the quantity received, and a brief description of the industrial process that generated the material. (D) Submit to the Regional Administrator or State Director an annual report that identifies the total quantities of all excluded hazardous secondary materials that were used to manufacture zinc fertilizers or zinc fertilizer ingredients in the previous year, the name and address of each generating facility, and the industrial process( s) from which they were generated. (iv) Nothing in this section preempts, overrides or otherwise negates the provision in § 262.11 of this chapter, which requires any person who generates a solid waste to determine if that waste is a hazardous waste. (v) Interim status and permitted storage units that have been used to store only zinc bearing hazardous wastes prior to the submission of the one time notice described inparagraph (a)( 20)( ii)( A) of this section, and that afterward will be used only to store hazardous secondary materials excluded under this paragraph, are not subject to the closure requirements of 40 CFR Parts 264 and 265. (21) Zinc fertilizers made from hazardous wastes, or hazardous secondary materials that are excluded under paragraph (a)( 20) of this section, provided that: (i) The fertilizers meet the following contaminant limits: (A) For metal contaminants:

Constituent Maximum Allowable Total Concentration in Fertilizer, per Unit (1%) of Zinc (ppm)

Arsenic ...................................... 0.3 Cadmium .................................. 1.4 Chromium ................................. 0.6 Lead .......................................... 2.8 Constituent Maximum Allowable Total Concentration in Fertilizer, per Unit (1%) of Zinc (ppm)

Mercury ..................................... 0.3 (B) For dioxin contaminants the fertilizer must contain no more than eight (8) parts per trillion of dioxin, measured as toxic equivalent (TEQ). (ii) The manufacturer performs sampling and analysis of the fertilizer product to determine compliance with the contaminant limits for metals no less than every six months, and for dioxins no less than every twelve months. Testing must also be performed whenever changes occur to manufacturing processes or ingredients that could significantly affect the amounts of contaminants in the fertilizer product. The manufacturer may use any reliable analytical method to demonstrate that no constituent of concern is present in the product at concentrations above the applicable limits. It is the responsibility of the manufacturer to ensure that the sampling and analysis are unbiased, precise, and representative of the product( s) introduced into commerce. (iii) The manufacturer maintains for no less than three years records of all sampling and analyses performed for purposes of determining compliance with the requirements of paragraph (a)( 21)( ii) of this section. Such records must at a minimum include: (A) The dates and times product samples were taken, and the dates the samples were analyzed; (B) The names and qualifications of the person( s) taking the samples; (C) A description of the methods and equipment used to take the samples; (D) The name and address of the laboratory facility at which analyses of the samples were performed; (E) A description of the analytical methods used, including any cleanup and sample preparation methods; and (F) All laboratory analytical results used to determine compliance with the contaminant limits specified in this paragraph (a)( 21). PART 266—[ AMENDED]

3. The authority citation for Part 266 continues to read as follows:

Authority: 42 U. S. C. 1006, 2002( a), 3001– 3009, 3014, 6905, 6906, 6912, 6921, 6922, 6924– 6927, 6934, and 6937.

Subpart C— Recyclable Materials Used in a Manner Constituting Disposal 4. Section 266.20 is amended by removing the last two sentences of paragraph (b), and adding paragraph (d) to read as follows:

§ 266.20 Applicability.

* * * * * (d) Fertilizers that contain recyclable materials are not subject to regulation provided that: (1) They are zinc fertilizers excluded from the definition of solid waste according to § 261.4( a)( 21) of this chapter; or (2) They meet the applicable treatment standards in subpart D of Part 268 of this chapter for each hazardous waste that they contain.

PART 268— [AMENDED]

5. The authority citation for part 268 continues to read as follows:

Authority: 42 U. S. C. 6905, 6912( a), 6921, and 6924.

Subpart D— Treatment Standards § 268.40 [Amended]

6. Section 268.40 is amended by removing and reserving paragraph (i).

PART 271— REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE PROGRAMS 7. The authority citation for Part 271 continues to read as follows:

Authority: 42 U. S. C. 6905, 6912( a), and 6926. 8. In § 271.1( j), tables 1 and 2 are amended by adding the following entries in chronological order by date of publication to read as follows:

§ 271.1 Purpose and scope.

* * * * * (j) * * *

TABLE 1.— REGULATIONS IMPLEMENTING THE HAZARDOUS AND SOLID WASTE AMENDMENTS OF 1984 Promulgation date Title of regulation Federal Register reference Effective date ******* July 15, 2002 ................................ Elimination of LDR Treatment Standards Exemption for K061 Derived Fertlizers. July 24, 2002, FR cite ................... January 24, 2003.

VerDate Jul< 19> 2002 16: 35 Jul 23, 2002 Jkt 197001 PO 00000 Frm 00062 Fmt 4700 Sfmt 4700 E:\ FR\ FM\ 24JYR1. SGM pfrm12 PsN: 24JYR1 48415 Federal Register / Vol. 67, No. 142 / Wednesday, July 24, 2002 / Rules and Regulations TABLE 1.— REGULATIONS IMPLEMENTING THE HAZARDOUS AND SOLID WASTE AMENDMENTS OF 1984— Continued Promulgation date Title of regulation Federal Register reference Effective date *******

TABLE 2.— SELF IMPLEMENTING PROVISIONS OF THE SOLID WASTE AMENDMENTS OF 1984 Effective date Self implementing provision RCRA citation Federal Register reference ******* January 24, 2003 .......................... Elimination of LDR Treatment Standards Exemption for K061 Derived Fertilizers. 3004( g)( 6) ..................................... July 24, 2002, FR cite.

*******

[FR Doc. 02– 18405 Filed 7– 23– 02; 8: 45 am]

BILLING CODE 6560– 50– P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Parts 15 and 18 [ET Docket No. 98– 80; FCC 02– 157]

Conducted Emission Limits AGENCY: Federal Communications Commission.

ACTION: Final rule; correction.

SUMMARY: On July 10, 2002 (67 FR 45666), the Commission published final rules in the Federal Register, which amended the rules for Conducted Emission Limits. This document contains a correction to the effective date of that rule which was inadvertently published incorrectly.

DATE: Effective August 9, 2002.

FOR FURTHER INFORMATION CONTACT: Anh Wride, Office of Engineering and Technology, (202) 418– 0577, TTY (202) 418– 2989, e mail: awride@ fcc. gov.

SUPPLEMENTARY INFORMATION: The Federal Communications Commission published a document amending parts 15 and 18 in the Federal Register of July 10, 2002, (67 FR 45666). This document corrects the Federal Register as it appeared. In FR Doc. 02– 17264 published on July 10, 2002, (67 FR 45666), the Commission is correcting the `` DATES: Effective August 9, 2002 of the Commission's rules to reflect the correct DATES: Effective September 9, 2002.'' In rule FR Doc. 02– 17264 published on July 10, 2002 (67 FR 45666) make the following correction: On page 45666, in the third column correct Dates: Effective August 9, 2002 to read as DATES: Effective September 9, 2002. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. 02– 18626 Filed 7– 23– 02; 8: 45 am]

BILLING CODE 6712– 01– P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 64 [CC Docket No. 98– 67; DA 02– 1490]

Request for Comment on Petition for Clarification on the Provision of and Cost Recovery for Captioned Telephone as an Improved Voice Carry Over Service for Telecommunications Relay Services AGENCY: Federal Communications Commission. ACTION: Final rule; request for comments on petition for clarification.

SUMMARY: This document seeks public comment on a petition requesting clarification of the Commission's rules on telecommunications relay services (`` TRS'') with respect to the provision and reimbursement of captioned telephone, an enhanced voice carry over service (published at 65 FR 38432, June 21, 2000.) See Petition for Clarification Provision of and Cost Recovery for CapTel, An Enhanced VCO Service, CC Docket No. 98– 67 filed April 12, 2002 on the behalf of Ultratec, Inc. This document also seeks public comment on Ultratec, Inc. 's request for clarification that certain TRS mandatory minimum standards do not apply to this service. DATES: Interested parties may file comments in this proceeding no later than July 26, 2002. Reply comments may be filed no later than August 12, 2002.

ADDRESSES: Federal Communications Commission, 445 12th Street, SW, Washington, DC, 20554. FOR FURTHER INFORMATION CONTACT: Dana Jackson, Disability Rights Office, Consumer and Governmental Affairs Bureau, at (202) 418– 2247 (voice), (202) 418– 7898 (TTY), or e mail at dljackso@ fcc. gov.

SUPPLEMENTARY INFORMATION: When filing comments, please reference CC Docket No. 98– 67. Comments may be filed using the Commission's Electronic Comment Filing System (ECFS) or by filing paper copies. See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998). Comments filed through the ECFS can be sent as an electronic file via the Internet to <http:// www. fcc. gov/ e file/ ecfs. html>. Generally, only one copy of an electronic submission must be filed. If multiple docket or rulemaking numbers appear in the caption of the proceeding, however, commenters must transmit one electronic copy of the comments to each docket or rulemaking number referenced in the caption. In completing the transmittal screen, commenters should include their full name, Postal Service mailing address, and the applicable docket or rulemaking number. Parties may also submit an electronic comment by Internet e mail. To get filing instructions for e mail comments, commenters should send an e mail to ecfs@ fcc. gov, and should include the following words in the body of the message, `` get form <your e mail address>. '' A sample form and directions will be sent in reply. Parties who choose to file by paper must file an original and four copies of each filing. If more than one docket or rulemaking number appears in the caption of the proceeding, commenters must submit two additional copies for each additional docket or rulemaking number. Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first class or overnight U. S. Postal Services mail VerDate Jul< 19> 2002 16: 35 Jul 23, 2002 Jkt 197001 PO 00000 Frm 00063 Fmt 4700 Sfmt 4700 E:\ FR\ FM\ 24JYR1. SGM pfrm12 PsN: 24JYR1


[Federal Register: October 25, 2010 (Volume 75, Number 205)]
[Notices]
[Page 65502]
[DOCID:fr25oc10-84]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1941-DR; Docket ID FEMA-2010-0002]

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

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster for the
State of Minnesota (FEMA-1941-DR), dated October 13, 2010, and related
determinations.

DATES: Effective Date: October 14, 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: Notice is hereby given that the incident
period for this declared disaster is closed effective October 14, 2010.

(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. 2010-26846 Filed 10-22-10; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 85, Number 118 (Thursday, June 18, 2020)]
[Notices]
[Pages 36928-36930]
[FR Doc No: 2020-13113]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-89055; File No. SR-FINRA-2020-017]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Extend the Effective Date of the Temporary
Amendments Set Forth in SR-FINRA-2020-015

June 12, 2020.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on June 10, 2020, Financial Industry Regulatory Authority, Inc.
(``FINRA'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the self-regulatory
organization. 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. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    FINRA is proposing to extend the effective date of the temporary
amendments set forth in SR-FINRA-2020-015 \3\ from June 15, 2020 to
July 31, 2020. In response to the impacts on FINRA's operations caused
by the outbreak of the coronavirus disease (COVID-19), FINRA's May 8
Filing temporarily modified some timing, method of service and other
procedural requirements in FINRA rules through June 15, 2020.\4\
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 88917 (May 20,
2020), 85 FR 31832 (Notice of Filing and Immediate Effectiveness)
(SR-FINRA-2020-015) (filed with the Commission on May 8, 2020 for
immediate effectiveness) (the ``May 8 Filing'').
    \4\ See id.
---------------------------------------------------------------------------

    The text of the proposed rule change is available on FINRA's
website at http://www.finra.org, at the principal office of FINRA and
at the Commission's Public Reference Room.

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

    In its filing with the Commission, FINRA 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. FINRA has prepared summaries, set forth in sections A,
B, and C below, of the most significant aspects of such statements.

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

1. Purpose
    On May 8, 2020, FINRA filed with the Commission a proposed rule
change for immediate effectiveness to temporarily amend some timing,
method of service and other procedural requirements in FINRA rules
during the period in which FINRA's operations are impacted by the
outbreak of COVID-19. Those temporary amendments set forth in FINRA's
May 8 Filing are in effect through June 15, 2020.\5\ The Commission
published its notice of filing and immediate effectiveness for the May
8 Filing on May 20, 2020.\6\
---------------------------------------------------------------------------

    \5\ As noted in FINRA's May 8 Filing, the temporarily amended
FINRA rules will revert back to their original state at the
conclusion of the temporary relief period, now July 31, 2020, and
any extension thereof.
    \6\ See supra note 3.
---------------------------------------------------------------------------

    FINRA proposed the temporary amendments set forth in its May 8
Filing to address the substantial impacts of the COVID-19 outbreak on
FINRA's operations. Among other things, the need for FINRA staff, with
limited exceptions, to work remotely and restrict in-person
activities--consistent with the recommendations of public health
officials--makes it challenging to meet certain procedural requirements
and perform certain functions required under FINRA rules. The proposed
rule change addressed these concerns by easing logistical and other
issues and providing FINRA with needed flexibility for its operations
during the COVID-19 outbreak.
    The COVID-19 conditions necessitating the temporary amendments in
FINRA's May 8 Filing

persist and FINRA continues to face the same logistical and other
challenges. For this reason and the reasons stated in the May 8 Filing,
FINRA now proposes to extend the effective date of the temporary rule
amendments in its May 8 Filing through July 31, 2020.\7\ The extension
of these temporary amendments will continue to help minimize the impact
of the COVID-19 outbreak on FINRA's operations, allowing FINRA to
continue critical adjudicatory and review processes in a reasonable and
fair manner and meet its critical investor protection goals, while also
following best practices with respect to the health and safety of its
staff.
---------------------------------------------------------------------------

    \7\ FINRA is monitoring the impact of COVID-19 on its
operations. If the temporary relief from the rule requirements
identified in FINRA's May 8 Filing is necessary beyond July 31,
2020, FINRA will submit a separate rule filing to extend the
effectiveness of the temporary relief under those rules.
---------------------------------------------------------------------------

    FINRA has filed the proposed rule change for immediate
effectiveness and has requested that the SEC waive the requirement that
the proposed rule change not become operative for 30 days after the
date of the filing, so FINRA can implement the proposed rule change
immediately.
2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(6) of the Act,\8\ which requires, among
other things, that FINRA rules must be designed to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade, and, in general, to protect investors and the
public interest. FINRA believes that the proposed rule change is also
consistent with Section 15A(b)(8) of the Act,\9\ which requires, among
other things, that FINRA rules provide a fair procedure for the
disciplining of members and persons associated with members.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78o-3(b)(6).
    \9\ 15 U.S.C. 78o-3(b)(8).
---------------------------------------------------------------------------

    The proposed rule change to extend the effective date of the
temporary amendments to FINRA rules set forth in the May 8 Filing to
July 31, 2020, will continue to provide FINRA, and in some cases
another party to a proceeding, temporary modifications to its
procedural requirements in order to allow FINRA to maintain fair
processes and protect investors while operating in a remote work
environment and with corresponding restrictions on its activities. It
is in the public interest, and consistent with the Act's purpose, for
FINRA to operate pursuant to this temporary relief. The temporary
amendments allow FINRA to specify filing and service methods, extend
certain time periods, and modify the format of oral argument for FINRA
disciplinary and eligibility proceedings and other review processes in
order to cope with the current pandemic conditions. In addition, as set
forth in the May 8 Filing, extending this temporary relief will further
support FINRA's disciplinary and eligibility proceedings and other
review processes that serve a critical role in providing investor
protection and maintaining fair and orderly markets.

B. Self-Regulatory Organization's Statement on Burden on Competition

    FINRA does not believe that the temporary proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act. FINRA believes
that the proposed rule change, which extends the effectiveness of the
temporary rule amendments in its May 8 Filing to July 31, 2020, would
prevent unnecessary impediments to FINRA's operations and FINRA's
investor protection goals that would otherwise result if the amendments
in its May 8 Filing expire on June 15, 2020. FINRA does not believe
that the proposed rule change will have any material negative effect on
members and will not impose any new costs.

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

    Written comments were neither solicited nor received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \10\ and Rule 19b-
4(f)(6) \11\ thereunder.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
FINRA has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative for 30 days after the date of filing. However,
pursuant to Rule 19b-4(f)(6)(iii), the Commission may designate a
shorter time if such action is consistent with the protection of
investors and the public interest. As FINRA requested in connection
with its May 8 Filing, FINRA has also asked the Commission to waive the
30-day operative delay so that this proposed rule change may become
operative immediately upon filing. As in its May 8 Filing, FINRA has
reiterated that the requested relief in this proposed rule change will
help minimize the impact of the COVID-19 outbreak on FINRA's
operations, allowing FINRA to continue critical adjudicatory and review
processes in a reasonable and fair manner and meet its critical
investor protection goals, while also following best practices with
respect to the health and safety of its employees.\12\ We also note
that this proposal, like FINRA's May 8 Filing, provides only temporary
relief from, as FINRA states, the timing, method of service and other
procedural requirements, described more fully in FINRA's May 8 Filing,
during the period in which FINRA's operations are impacted by COVID-19.
As proposed, these changes would be in place through July 31, 2020.\13\
FINRA also noted in both proposed rule change filings that the amended
rules will revert back to their original, pre-May 8 Filing state at the
conclusion of the temporary relief period and, if applicable, any
extension thereof.\14\ For these reasons, the Commission believes that
waiver of the 30-day operative delay is consistent with the protection
of investors and the public interest. Accordingly, the Commission
hereby waives the 30-day operative delay and designates the proposal
operative upon filing.\15\
---------------------------------------------------------------------------

    \12\ See May 8 Filing, 85 FR at 31833.
    \13\ As noted above, see supra note 5, FINRA states that if it
requires temporary relief from the rule requirements identified in
this proposal beyond July 31, 2020, it may submit a separate rule
filing to extend the effectiveness of the temporary relief under
these rules.
    \14\ See May 8 Filing, 85 FR at 31833.
    \15\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule change's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the

Commission shall institute proceedings to determine whether the
proposed rule should be approved or 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 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-FINRA-2020-017 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-FINRA-2020-017. 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 website (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 website viewing and printing in
the Commission's Public Reference Room, on business days between the
hours of 10:00 a.m. and 3:00 p.m., located at 100 F Street NE,
Washington, DC 20549. Copies of such filing also will be available for
inspection and copying at the principal office of FINRA. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-FINRA-2020-017 and should be submitted
on or before July 9, 2020.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
---------------------------------------------------------------------------

    \16\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-13113 Filed 6-17-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 53 (Thursday, March 19, 2015)]
[Notices]
[Pages 14426-14427]
[FR Doc No: 2015-06313]

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

SECURITIES AND EXCHANGE COMMISSION

Submission for OMB Review; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, Washington, DC 20549-2736.

Extension: Rule 15g-4.
    SEC File No. 270-347, OMB Control No. 3235-0393.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (``PRA'') (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (Commission) has submitted to the Office of Management and
Budget (``OMB'') a request for extension of the existing collection of
information provided for in Rule 15g-4--Disclosure of compensation to
brokers or dealers (17 CRF 240.15g-4) under the Securities Exchange Act
of 1934 (15 U.S.C. 78a et seq.).
    Rule 15g-4 requires brokers and dealers effecting transactions in
penny stocks for or with customers to disclose the amount of
compensation received by the broker-dealer in connection with the
transaction. The purpose of the rule is to increase the level of
disclosure to investors concerning penny stocks

generally and specific penny stock transactions.
    The Commission estimates that approximately 221 broker-dealers will
spend an average of 87 hours annually to comply with this rule. Thus,
the total compliance burden is approximately 19,245 burden-hours per
year.
    Rule 15g-4 contains record retention requirements. Compliance with
the rule is mandatory. The required records are available only to the
examination staff of the Commission and the self regulatory
organizations of which the broker-dealer is a member.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information under the PRA unless it
displays a currently valid OMB control number.
    The public may view background documentation for this information
collection at the following Web site: www.reginfo.gov. Comments should
be directed to: (i) Desk Officer for the Securities and Exchange
Commission, Office of Information and Regulatory Affairs, Office of
Management and Budget, Room 10102, New Executive Office Building,
Washington, DC 20503 or by sending an email to:
<EMAIL_ADDRESS>and (ii) Pamela Dyson, Director/Chief
Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 100 F Street NE., Washington, DC 20549 or by sending an
email to<EMAIL_ADDRESS>Comments must be submitted to OMB within
30 days of this notice.

    Dated: March 13, 2015.
Brent J. Fields,
Secretary.
[FR Doc. 2015-06313 Filed 3-18-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 56 (Monday, March 24, 2014)]
[Notices]
[Page 16066]
[FR Doc No: 2014-06305]

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

SECURITIES AND EXCHANGE COMMISSION

Submission for OMB Review; Comment Request

Upon Written Request Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213.

Extension:
    Form 6-K; OMB Control No. 3235-0116, SEC File No. 270-107.

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') has submitted to the Office of Management
and Budget (``OMB'') the request for extension of the previously
approved collection of information discussed below.
    Form 6-K (17 CFR 249.306) is a disclosure document under the
Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) that must be
filed by a foreign private issuer to report material information
promptly after the occurrence of specified or other important corporate
events that are disclosed in the foreign private issuer's home country.
The purpose of Form 6-K is to ensure that U.S. investors have access to
the same information that foreign investors do when making investment
decisions. Form 6-K is a public document and all information provided
is mandatory. Form 6-K takes approximately 8.7 hours per response and
is filed by approximately 20,812 issuers annually. We estimate 75% of
the 8.7 hours per response (6.525 hours) is prepared by the issuer for
a total annual reporting burden of 135,798 hours (6.525 hours per
response x 20,812 responses). The remaining burden hours are reflected
as a cost to the foreign private issuers.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number.
    The public may view the background documentation for this
information collection at the following Web site, www.reginfo.gov.
Comments should be directed to: (i) Desk Officer for the Securities and
Exchange Commission, Office of Information and Regulatory Affairs,
Office of Management and Budget, Room 10102, New Executive Office
Building, Washington, DC 20503, or by sending an email to<EMAIL_ADDRESS>and (ii) Thomas Bayer, Chief Information Officer,
Securities and Exchange Commission, c/o Remi Pavlik-Simon, 100 F Street
NE., Washington, DC 20549 or send an email to<EMAIL_ADDRESS>
Comments must be submitted to OMB within 30 days of this notice.

    Dated: March 18, 2014.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-06305 Filed 3-21-14; 8:45 am]
BILLING CODE 8011-01-P


This document may be requested under the Freedom of Information Act
(http://www.epa.gov/pesticides/foia/), but access is restricted to
entities not engaged in the production, sale, or distribution of
pesticides outside the United States.


[Federal Register Volume 81, Number 45 (Tuesday, March 8, 2016)]
[Notices]
[Pages 12150-12151]
[FR Doc No: 2016-05119]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77279; File No. SR-NYSEMKT-2016-32]

Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and
Immediate Effectiveness of a Proposed Change Amending the Fees for NYSE
MKT Proprietary Market Data as They Apply to Federal Agency Customers

March 3, 2016.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on February 26, 2016, NYSE MKT LLC (the ``Exchange'' or
``NYSE MKT'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend the fees for NYSE MKT proprietary
market data as they apply to Federal agency customers. The proposed
change is available on the Exchange's Web site at www.nyse.com, at the
principal office of the Exchange, and at the Commission's Public
Reference Room.

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

    In its filing with the Commission, the self-regulatory organization
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 those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

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

1. Purpose
    The Exchange proposes to amend the NYSE MKT Equities Proprietary
Market Data Fee Schedule (``Fee Schedule''), to provide that market
data fees do not apply to any Federal agency for their use of NYSE MKT
real-time proprietary market data products. The term ``Federal agency''
as used in the Fee Schedule would include all Federal agencies subject
to the Federal Acquisition Regulation (FAR),\4\ as well as any Federal
agency not subject to FAR that has promulgated its own procurement
rules.\5\
---------------------------------------------------------------------------

    \4\ FAR is the principal set of rules governing the process by
which the U.S. federal government purchases goods and services.
    \5\ See 48 CFR 2.101. FAR defines ``Federal agency'' as ``any
executive agency or any independent establishment in the legislative
or judicial branch of the Government (except the Senate, the House
of Representatives, the Architect of the Capitol, and any activities
under the Architect's direction).'' ``Executive agency'' is defined
as ``an executive department, a military department, or any
independent establishment within the meaning of 5 U.S.C. 101, 102,
and 104(1), respectively, and any wholly owned Government
corporation within the meaning of 31 U.S.C. 9101.''
---------------------------------------------------------------------------

    The Exchange is proposing to specify that access fees, professional
user fees and non-display fees do not apply to Federal agencies for
those products to which those fees apply.\6\ The proposal is designed
to allow the Exchange to provide Federal agencies with NYSE MKT real-
time proprietary market data products at no cost in support of Federal
agencies' regulatory responsibilities. With the adoption of the
proposed fee waiver, the Exchange is not waiving any of its contractual
rights and all Federal agencies that subscribe to NYSE MKT real-time
proprietary market data products will be required to execute the
appropriate subscriber agreement, which include [sic], among other
things, provisions against the redistribution of data.
---------------------------------------------------------------------------

    \6\ These products are currently NYSE MKT Integrated Feed, NYSE
MKT OpenBook, NYSE MKT BBO, NYSE MKT Trades and NYSE MKT Order
Imbalances.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\7\ in general, and
Sections 6(b)(4) and 6(b)(5) of the Act,\8\ in particular, in that it
provides an equitable allocation of reasonable fees among users and
recipients of the data and is not designed to permit unfair
discrimination among customers, issuers, and brokers.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(4), (5).
---------------------------------------------------------------------------

    The Exchange believes the proposal to eliminate the access fees,
display fees for professional users, and non-display fees associated
with its proprietary market data products for customers that are
Federal agencies is reasonable, equitable and not unfairly
discriminatory because it is designed to facilitate federal government
regulation without giving an undue advantage to one set of commercial
users over another. The Exchange believes that it is reasonable to
assess no fees to Federal agencies that subscribe to the Exchange's
proprietary market data products because Federal agencies do not use
the Exchange's proprietary market data for commercial gain, but only
for regulatory purposes.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. In setting the proposed
fees, the Exchange considered the competitiveness of the market for
proprietary data and all of the implications of that competition. The
Federal agencies that will benefit from the proposed rule change,
however, do not use the Exchange's proprietary market data products for
commercial purposes and do not compete with commercial users of the
data. The Exchange believes that it has considered all relevant factors
and has not considered irrelevant factors in order to establish fair,
reasonable, and not unreasonably discriminatory fees and an equitable
allocation of fees among all users.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \9\ of the Act and subparagraph (f)(2) of Rule 19b-
4 \10\ thereunder, because it establishes a due, fee, or other charge
imposed by the Exchange.
---------------------------------------------------------------------------

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

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of

the purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings under Section 19(b)(2)(B) \11\
of the Act to determine whether the proposed rule change should be
approved or disapproved.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEMKT-2016-32 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.
    All submissions should refer to File Number SR-NYSEMKT-2016-32.
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 the
Exchange. 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-
NYSEMKT-2016-32 and should be submitted on or before March 29, 2016.

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

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

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-05119 Filed 3-7-16; 8:45 am]
 BILLING CODE 8011-01-P


--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     Regulated hazardous  constituent           Wastewaters           Nonwastewaters
                                                                ----------------------------------------------------------------------------------------
                             Waste description and treatment/                                                                      Concentration in  mg/
       Waste code               regulatory subcategory \1\                                                Concentration in  mg/L  kg \5\ unless noted as
                                                                       Common name          CAS \2\ No.     \3\, or technology       ``mg/L TCLP'', or
                                                                                code \4\             technology code
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
S001....................  Coal combustion wastes generated by    Antimony                      7440-36-0  TSS of 100mg/l and      Meet Sec.   268.48.
                           the electric power sector. For        Arsenic................       7440-38-2   meet Sec.   268.48.
                           purposes of this listing, the         Barium.................       7440-39-3
                           electric power sector is defined as   Beryllium..............       7440-41-7
                           electricity-only and combined-heat-   Cadmium................       7440-43-9
                           and-power (CHP) plants whose primary  Chromium...............       7440-47-3
                           business is to sell electricity, or   Lead...................       7439-92-1
                           electricity and heat, to the public;  Mercury................       7439-97-6
                           i.e., NAICS code 221112 plants. For   Nickel.................       7440-02-0
                           the purposes of this listing, coal    Selenium...............       7782-49-2
                           combustion wastes are defined as fly  Silver.................       7440-22-4
                           ash, bottom ash, boiler slag, and     Thallium...............       7440-28-0
                           flue gas desulfurization materials
                           generated by the electric power
                           sector. This listing does not apply
                           to coal combustion residuals that
                           are: (1) Uniquely associated wastes
                           with wastes from the burning of
                           coal; (2) beneficially used; (3)
                           placed in minefilling operations;
                           (4) generated by facilities that are
                           outside the electric power sector;
                           or (5) generated from clean-up
                           activities that are conducted as
                           part of a state or federally
                           required clean-up that commenced
                           prior to the effective date of this
                           rule..

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
 Footnotes to Treatment Standard Table 268.40
\1\ The waste descriptions provided in this table do not replace waste descriptions in 40 CFR 261. Descriptions of Treatment/Regulatory Subcategories
  are provided, as needed, to distinguish between applicability of different standards.
\2\ CAS means Chemical Abstract Services. When the waste code and/or regulated constituents are described as a combination of a chemical with its salts
  and/or esters, the CAS number is given for the parent compound only.
\3\ Concentration standards for wastewaters are expressed in mg/L and are based on analysis of composite samples.

\4\ All treatment standards expressed as a Technology Code or combination of Technology Codes are explained in detail in 40 CFR 268.42 Table 1--
  Technology Codes and Descriptions of Technology-Based Standards.
\5\ Except for Metals (EP or TCLP) and Cyanides (Total and Amenable) the nonwastewater treatment standards expressed as a concentration were
  established, in part, based upon incineration in units operated in accordance with the technical requirements of 40 CFR Part 264 Subpart O or Part 265
  Subpart O, or based upon combustion in fuel substitution units operating in accordance with applicable technical requirements. A facility may comply
  with these treatment standards according to provisions in 40 CFR 268.40(d). All concentration standards for nonwastewaters are based on analysis of
  grab samples.

* * * * *
    23. In Sec.  268.42, Table 1 is amended by adding an entry for
``RSLDS'' to read as follows:

Sec.  268.42  Treatment standards expressed as specified technologies.

* * * * *

 Table 1--Technology Codes and Description of Technology-Based Standards
------------------------------------------------------------------------
                                       Description of technology-based
         Technology  code                         standards
------------------------------------------------------------------------

                                * * * * *
RSLDS.............................  Removal of solids and meet Sec.
                                     268.48 treatment levels.

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

* * * * *

PART 271--REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE
PROGRAMS

    24. The authority citation for part 271 continues to read as
follows:

    Authority:  42 U.S.C. 6905, 6912(a), and 6926.

    25. Section 271.1(j) is amended by adding the following entries to
Table 1 and Table 2 in chronological order by date of publication to
read as follows.

Sec.  271.1  Purpose and scope.

* * * * *
    (j) * * *

               Table 1--Regulations Implementing the Hazardous and Solid Waste Amendments of 1984
----------------------------------------------------------------------------------------------------------------
                                     Title of       Federal Register
       Promulgation date            regulation         reference                    Effective date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
[date of signature of final     Listing of         [Federal Register  [effective date of final rule].
 rule].                          Special Waste      page numbers for
                                 S001.              final rule].
----------------------------------------------------------------------------------------------------------------

                                       Table 2--Self-Implementing Provisions of the Solid Waste Amendments of 1984
--------------------------------------------------------------------------------------------------------------------------------------------------------
            Effective date                Self-implementing provision         RCRA citation                     Federal Register reference
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
[effective date of final rule]........  Prohibition on land disposal    3001(b)(3)(A) and         [date of publication date of final rule Federal
                                         of S001 waste with free         3004(g)(4)(C).            Register page numbers] [FR page numbers].
                                         liquids and prohibition on
                                         the disposal of S001 waste
                                         below the natural water
                                         table. For purposes of this
                                         provision, free liquids means
                                         liquids which readily
                                         separate from the solid
                                         portion of a waste under
                                         ambient temperature and
                                         pressure.
--------------------------------------------------------------------------------------------------------------------------------------------------------

PART 302--DESIGNATION, REPORTABLE QUANTITIES, AND NOTIFICATION

    26. The authority citation for part 302 continues to read as
follows:

    Authority: 42 U.S.C. 9602, 9603, and 9604; 33 U.S.C. 1321 and
1361.

    27. In Sec.  302.4, Table 302.4 is amended by adding the following
new entry in alphanumeric order to the table to read as follows:

Sec.  302.4  Designation of hazardous substances.

* * * * *

                       Table 302.4--List of Hazardous Substances and Reportable Quantities
                         [Note: All comments/notes are located at the end of this table]
----------------------------------------------------------------------------------------------------------------
                                                                                Final
                                                                              Statutory                     RQ
                     Hazardous substance                          CASRN     code[dagger]  RCRA waste No.  pounds
                                                                                (Kg)
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
S001\f\ Coal combustion residuals generated by the electric    ...........             4            S001  1 (0.
 power sector (Electric Utilities and Independent Power                                                   4536)
 Producers)..................................................

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
[dagger] Indicates the statutory source defined by 1, 2, 3, and 4, as described in the note preceding Table
  302.4.
* * * * *
\f\ See 40 CFR 302.6(b)(1) for application of the mixture rule to this hazardous waste.
* * * * *

    28. Section 302.6 is amended by amending paragraph (b)(1)(iii),
including the Table, to read as follows:

Sec.  302.6  Notification requirements.

* * * * *
    (b) * * *
    (1) * * *
    (iii) For waste streams K169, K170, K171, K172, K174, K175, and
S001, knowledge of the quantity of all of the hazardous constituent(s)
may be assumed, based on the following maximum observed constituent
concentrations identified by EPA:

------------------------------------------------------------------------
               Waste                      Constituent          Max ppm
------------------------------------------------------------------------
K169...............................  Benzene..............         220.0
K170...............................  Benzene..............           1.2
                                     Benzo (a) pyrene.....         230.0
                                     Dibenz (a,h)                   49.0
                                      anthracene.
                                     Benzo (a) anthracene.         390.0
                                     Benzo (b)                     110.0
                                      fluoranthene.
                                     Benzo (k)                     110.0
                                      fluoranthene.
                                     3-Methylcholanthrene.          27.0
                                     7,12-Dimethylbenz (a)       1,200.0
                                      anthracene.
K171...............................  Benzene..............         500.0
                                     Arsenic..............       1,600.0
K172...............................  Benzene..............         100.0
                                     Arsenic..............         730.0
K174...............................  2,3,7,8TCDD..........      0.000039
                                     1,2,3,7,8-PeCDD......     0.0000108
                                     1,2,3,4,7,8-HxCDD....     0.0000241
                                     1,2,3,6,7,8-HxCDD....      0.000083
                                     1,2,3,7,8,9-HxCDD....      0.000062
                                     1,2,3,4,6,7,8-HpCDD..       0.00123
                                     OCDD.................        0.0129
                                     2,3,7,8-TCDF.........      0.000145
                                     1,2,3,7,8-PeCDF......     0.0000777
                                     2,3,4,7,8-PeCDF......      0.000127
                                     1,2,3,4,7,8-HxCDF....      0.001425
                                     1,2,3,6,7,8-HxCDF....      0.000281
                                     1,2,3,7,8,9-HxCDF....       0.00014
                                     2,3,4,6,7,8-HxCDF....      0.000648
                                     1,2,3,4,6,7,8-HpCDF..        0.0207
                                     1,2,3,4,7,8,9-HpCDF..        0.0135
                                     OCDF.................         0.212
K175...............................  Mercury..............         9,200
S001...............................  Antimony.............         3,100
                                     Arsenic..............           773
                                     Barium...............         7,230
                                     Beryllium............            31
                                     Cadmium..............           760
                                     Chromium.............         5,970
                                     Lead.................         1,453
                                     Mercury..............           384
                                     Nickel...............         6,301
                                     Selenium.............           673
                                     Silver...............           338
                                     Thallium.............           100
------------------------------------------------------------------------

* * * * *
[FR Doc. 2010-12286 Filed 6-18-10; 8:45 am]
BILLING CODE 6560-50-P