[Federal Register Volume 87, Number 243 (Tuesday, December 20, 2022)]
[Rules and Regulations]
[Pages 77720-77722]
[FR Doc No: 2022-27490]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2022-0740; FRL-10172-01-R10]

Air Plan Approval; OR; Updates to Materials Incorporated by
Reference

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; administrative change.

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SUMMARY: The Environmental Protection Agency (EPA) is updating the
regulatory materials incorporated by reference into the Oregon State
Implementation Plan (SIP). The regulations addressed in this action
were previously submitted by the Oregon Department of Environmental
Quality (ODEQ) and approved by the EPA in prior rulemakings. In this
action, the EPA is also notifying the public of corrections to
typographical errors, and minor formatting changes to the incorporation
by reference tables. This update affects the SIP materials that are
available for public inspection at the National Archives and Records
Administration and the EPA Regional Office.

DATES: This action is effective December 20, 2022.

ADDRESSES: SIP materials which are incorporated by reference into the
Code of Federal Regulations (CFR) at 40 CFR part 52 are available for
inspection at the following locations: online at www.regulations.gov in
the docket for this action, by appointment at the EPA Region 10, 1200
Sixth Avenue, Suite 155, Seattle, WA 98101, and by appointment at the
National Archives and Records Administration (NARA). For information on
the availability of this material at the EPA Regional Office, please
contact the person in the FOR FURTHER INFORMATION CONTACT section of
this document. For information on the availability of this material at
NARA, NARA, email [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Christi Duboiski, EPA Region 10, 1200
Sixth Avenue, Suite 155, Seattle, WA 98101,<PHONE_NUMBER>, or
duboi[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    The SIP is a living document revised by the State as necessary to
address its unique air pollution problems in a manner consistent with
requirements of section 110 of the Clean Air Act (CAA), 42 U.S.C. 7410.
Therefore, from time to time, the EPA must take action on SIP revisions
containing new and/or revised regulations, approving and incorporating
them by reference into the SIP. On May 22, 1997, the EPA revised the
procedures for incorporating by reference federally approved SIP
provisions, as a result of consultations between the EPA and the Office
of the Federal Register (OFR) (62 FR 27968). The description of the
revised SIP document, IBR procedures and ``Identification of plan''
format is discussed in further detail in the May 22, 1997, Federal
Register document. On December 10, 2013, the EPA published a Federal
Register document beginning the new IBR procedure for Oregon (78 FR
74012). The EPA subsequently published an update to the IBR materials
for Oregon on April 10, 2019 (84 FR 14272). Since then, the EPA has
approved and incorporated by reference several provisions of the Oregon
Revised Statutes (ORS), Oregon Administrative Rules (OAR), Lane
Regional Clean Air Protection Agency (LRAPA) rules, and City and County
Ordinances into the Oregon SIP. The following Federal Register
documents contain the provisions that EPA approved and incorporated by
reference: 84 FR 26347, June 6, 2019; 84 FR 58324, October 31, 2019; 84
FR 58327, October 31, 2019; 85 FR 35198, June 9, 2020; 86 FR 27976, May
25, 2021; 86 FR 43954, August 11, 2021; 87 FR 29046, May 12, 2022; 87
FR 41256, July 12, 2022; 87 FR 51262, August 22, 2022; and 87 FR 51265,
August 22, 2022.

II. EPA Action

    In this action, the EPA is announcing the update to the Oregon
materials approved and incorporated by reference into the Oregon SIP at
40 CFR 52.1970(c) as of August 31, 2022. The EPA is also correcting
minor typographical errors, including correcting the federal citation
for the June 9, 2020 approval of OAR<PHONE_NUMBER> Definitions
(definitions for emission standards for specific industries) from ``85
FR 33198'' to ``85 FR 35198''; correcting typographical errors to entry
OAR<PHONE_NUMBER> to reflect corrected information and finally
correcting Table 4, footnote 1 to replace the word ``Titles'' with the
word ``Title''. Lastly, in subsection 52.1970 (e), the EPA is revising
the heading for Table 5 to better reflect the content of the table.
    The EPA has determined that this action falls under the ``good
cause'' exemption in section 553(b)(3)(B) of the Administrative
Procedures Act (APA), which, upon finding ``good cause,'' authorizes
agencies to dispense with public participation, and section 553(d)(3),
which allows an agency to make an action effective immediately (thereby
avoiding the 30-day delayed effective date otherwise provided for in
the APA). Today's rule simply codifies provisions, which are already in
effect as a matter of law in Federal and approved State programs. Under
section 553 of the APA, an agency may find good cause where procedures
are ``impractical, unnecessary, or contrary to the public interest.''
Public comment is ``unnecessary'' and ``contrary to the public
interest'' since the codification only reflects existing law. Immediate
notice in the CFR benefits the public by removing outdated citations
and incorrect table entries.

III. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes

incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is updating its compilation of State and local rules
included in the Oregon SIP by finalizing the incorporation by reference
of previously EPA-approved regulations promulgated by Oregon and
federally approved prior to August 31, 2022. These include new and
revised provisions as contained in the Federal Register documents
listed in section I of this preamble. Lastly, the EPA is also
correcting typographical errors in 52.1970(c) as described in section
II of this preamble. The EPA has made, and will continue to make, these
materials generally available through www.regulations.gov and at the
EPA Region 10 Office (please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of this preamble for more
information).

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act (CAA), the Administrator is required to
approve a SIP submission that complies with the provisions of the CAA
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. Accordingly,
this action merely approves State law as meeting Federal requirements
and does not impose additional requirements beyond those imposed by
State law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it
impose substantial direct costs on tribal governments or preempt tribal
law.
    In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the
Alaska regulations described in sections I and II of this preamble. The
EPA has made, and will continue to make, these documents generally
available electronically through www.regulations.gov and/or in hard
copy at the appropriate EPA office (see the ADDRESSES section of this
preamble for more information).
    This action is subject to the Congressional Review Act, and the EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
    The EPA has also determined that the provisions of section
307(b)(1) of the CAA pertaining to petitions for judicial review are
not applicable to this action. Prior EPA rulemaking actions for each
individual component of the Oregon SIP compilations had previously
afforded interested parties the opportunity to file a petition for
judicial review in the United States Court of Appeals for the
appropriate circuit within 60 days of such rulemaking action. Thus, the
EPA sees no need in this action to reopen the 60-day period for filing
such petitions for judicial review for this ``Identification of plan''
update action for Oregon.

List of Subjects in 40 CFR Part 52

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

    Dated: December 13, 2022.
Casey Sixkiller,
Regional Administrator, Region 10.

    Part 52 of chapter I, title 40 of the Code of Federal Regulations,
is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart MM--Oregon

0
2. In Sec.  52.1970:
0
a. Revise paragraph (b);
0
b. In paragraph (c):
0
i. Amend Table 2, by revising the entry for ``236-0010 Definitions'';
0
ii. Amend Table 2, by revising the entry for ``256-0330 Department of
Defense Personnel Participating in the Privately Owned Vehicle Import
Control Program'';
0
iii. Amend Table 4, by revising Footnote ``1''; and
0
c. In paragraph (e), revise the heading for Table 5.
    The revisions read as follows:

Sec.  52.1970  Identification of plan.

* * * * *
    (b) Incorporation by reference. (1) Material listed as incorporated
by reference in paragraphs (c) and (d) of this section with an EPA
approval date prior to August 31, 2022, was approved for incorporation
by reference by the Director of the Federal Register in accordance with
5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as it
exists on the date of the approval and notice of any change in the
material will be published in the Federal Register. Entries in
paragraphs (c) and (d) of this section, with the EPA approval dates on
or after August 31, 2022, will be incorporated by reference in the next
update to the SIP compilation.
    (2) EPA Region 10 certifies that the rules and regulations provided
by the EPA in the SIP compilation at the addresses in paragraph (b)(3)
of this section are an exact duplicate of the officially promulgated
State rules/regulations which have been approved

as part of the State Implementation Plan as of August 31, 2022.
    (3) Copies of the materials incorporated by reference may be
inspected at the EPA Region 10 Office at 1200 Sixth Ave., Suite 155,
Seattle, WA 98101; or at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, email [email protected], or go to:
www.archives.gov/federal-register/cfr/ibr-locations.html.
    (c) * * *

                           Table 2--EPA Approved Oregon Administrative Rules (OAR) \1\
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                                                               State
      State  citation               Title/subject            effective       EPA approval date     Explanations
                                                               date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
236-0010..................  Definitions.................       7/19/2019  6/9/2020, 85 FR 35198.  ..............

                                                  * * * * * * *
256-0330..................  Department of Defense             10/14/1999  11/22/2004; 69 FR       ..............
                             Personnel Participating in                    67819.
                             the Privately Owned Vehicle
                             Import Control Program.

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

* * * * *

 Table 4--EPA Approved Lane Regional Air Protection Agency (LRAPA) Rules
                       for Lane County, Oregon \1\
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                              * * * * * * *
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\1\ The EPA approves the requirements in Table 4 of this paragraph (c)
  only to the extent they apply to (1) pollutants for which NAAQS have
  been established (criteria pollutants) and precursors to those
  criteria pollutants as determined by the EPA for the applicable
  geographic area; and (2) any additional pollutants that are required
  to be regulated under Part C of Title I of the CAA, but only for the
  purposes of meeting or avoiding the requirements of Part C of Title I
  of the CAA.

* * * * *
    (e) * * *

   Table 5--State of Oregon Air Quality Control Program--Nonregulatory
                Provisions and Quasi-Regulatory Measures

* * * * *
[FR Doc. 2022-27490 Filed 12-19-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 210 (Friday, October 30, 2015)]
[Notices]
[Page 66895]
[FR Doc No: 2015-27672]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC16-18-000.
    Applicants: Cedar Bluff Wind, LLC, Golden Hills Wind, LLC, Golden
Hills Interconnection, LLC.
    Description: Application for Approval under Section 203 of the
Federal Power Act and Request for Expedited Action of Cedar Bluff Wind,
LLC, et al.
    Filed Date: 10/23/15.
    Accession Number: 20151023-5400.
    Comments Due: 5 p.m. ET 11/13/15.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER15-2647-000.
    Applicants: Tres Amigas, LLC.
    Description: Supplement to September 11, 2015 Tres Amigas, LLC
submits tariff filing.
    Filed Date: 10/23/15.
    Accession Number: 20151023-5396.
    Comments Due: 5 p.m. ET 10/30/15

    Docket Numbers: ER15-2676-000.
    Applicants: Cedar Bluff Wind, LLC.
    Description: Revision to September 18, 2015 Cedar Bluff Wind, LLC
tariff filing.
    Filed Date: 10/20/15.
    Accession Number: 20151020-5264.
    Comments Due: 5 p.m. ET 11/10/15.

    Take notice that the Commission received the following qualifying
facility filings:

    Docket Numbers: QF16-132-000.
    Applicants: Hollingsworth & Vose Company.
    Description: Form 556 of Hollingsworth & Vose Company.
    Filed Date: 10/23/15.
    Accession Number: 20151023-5135.
    Comments Due: None Applicable.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: October 26, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-27672 Filed 10-29-15; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 89 (Thursday, May 7, 2020)]
[Proposed Rules]
[Pages 27189-27191]
[FR Doc No: 2020-09465]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2020-0356; Airspace Docket No. 20-ASO-14]
RIN 2120-AA66

Proposed Amendment of the Class E Airspace; Hazard, KY

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend the Class E airspace extending
upward from 700 feet above the surface at Wendell H. Ford Airport,
Hazard, KY. The FAA is proposing this action as the result of an
airspace review due to the decommissioning of the Hazard VHF
omnidirectional range (VOR) navigation aid, which provided navigation
information for the instrument procedures at this airport, as part of
the VOR Minimum Operational Network (MON) Program. The geographic
coordinates of the airport would also be updated to coincide with the
FAA's aeronautical database.

DATES: Comments must be received on or before June 22, 2020.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590; telephone
(202) 366-9826, or<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2020-0356/Airspace Docket No. 20-ASO-14, at the beginning of your
comments. You may also submit comments through the internet at https://www.regulations.gov. You may review the public docket containing the
proposal, any comments received, and any final disposition in person in
the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through
Friday, except federal holidays.
    FAA Order 7400.11D, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11D at NARA, email<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

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

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would amend the Class E airspace extending upward from 700 feet
above the surface at Wendell H. Ford Airport, Hazard, KY, to support
instrument flight rule operations at this airport.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2020-0356/
Airspace Docket No. 20-ASO-14.'' The postcard will be date/time stamped
and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this notice may be changed in light of the
comments received. A report summarizing each substantive public contact
with FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

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

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11D, Airspace
Designations and Reporting Points, dated August 8, 2019, and effective
September 15, 2019. FAA Order 7400.11D is publicly available as listed
in the ADDRESSES section of this document. FAA Order 7400.11D lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) part 71 by amending the Class E airspace extending
upward from 700 feet above the surface to within a 6.7-mile radius
(increased from a 6.6-mile radius) of Wendell H. Ford Airport, Hazard,
KY; adding an extension 2 miles each side of the 139[deg] bearing from
the airport extending from the 6.7-mile radius of the airport to 11.1
miles south of the airport; and updating the geographic coordinates of
the airport to coincide with the FAA's aeronautical database.
    This action is the result of an airspace review caused by the
decommissioning of the Hazard VOR, which provided navigation
information for the instrument procedures at this airport, as part of
the VOR MON Program.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.11D, dated August 8, 2019, and effective September 15,
2019, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designations listed in this document will be published
subsequently in the Order.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established

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

Environmental Review

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

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

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

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

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

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

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11D,
Airspace Designations and Reporting Points, dated August 8, 2019, and
effective September 15, 2019, is amended as follows:

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

* * * * *

ASO KY E5 Hazard, KY [Amended]

Wendell H. Ford Airport, KY
    (Lat. 37[deg]23'15'' N, long. 83[deg]15'42'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.7-mile radius of Wendell H. Ford Airport, and within 2
miles each side of the 139[deg] bearing from the airport extending
from the 6.7-mile radius of the airport to 11.1 miles south of the
airport.

    Issued in Fort Worth, Texas, on April 27, 2020.
Steven Phillips,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2020-09465 Filed 5-6-20; 8:45 am]
 BILLING CODE 4910-13-P


United States Environmental Protection Agency Office of Water 4303T EPA 821 X 03 XXX December 2003 FACT SHEET Guidelines Establishing Test Procedures for the Analysis of Pollutants Under the Clean Water Act; National Primary Drinking Water Regulations; and National Secondary Drinking Water Regulations; Analysis, Sampling, and Monitoring Procedures; Proposed Rule EPA is proposing changes to sampling and analysis procedures under Clean Water Act and Safe Drinking Water Act compliance monitoring programs. The proposal approves several new analytical methods for compliance monitoring and withdraws older EPA methods, CFC 113 based oil and grease methods and methods with technical deficiencies. In addition, EPA is proposing new sample collection procedures, general analytical requirements for multi analyte methods, and method flexibility requirements for its Clean Water Act programs. The Agency also is soliciting comment on the Agency's microbiological alternate test procedure guidance document.

Background EPA approves sampling procedures and analytical methods used by industrial and municipal facilities to determine chemical, microbiological, and radiological components of wastewater and whole effluent toxicity ( WET) under the Clean Water Act ( CWA). EPA also approves methods for determining drinking water contaminants to monitor compliance with Safe Drinking Water Act ( SDWA) regulations. In addition, EPA develops guidance for the alternate test procedure ( ATP) program that can be used by method vendors to assess the comparability of their methods to EPA approved and recommended methods. Today's action proposes, for efforts under the CWA, the approval and withdrawal of certain methods, revision of some sampling procedures, and addition of new method flexibility guidelines. For efforts under the SDWA, we are proposing adding and withdrawing methods for SDWA monitoring. We are also soliciting comment on EPA's Microbiological ATP protocol guidance.

Clean Water Act Regulations Today's action proposes a number of analytical methods for CWA monitoring, including: ° ATPs for the determination of anions, cyanide, phenolics, and WET ( Microtox). Microtox will introduce a new phylogenetic group ( bacteria) to the WET monitoring program. ° Methods previously proposed on October 18, 1995 ( 60 FR 53987). These methods are being re proposed to comply with the National Technology Transfer Advancement Act of 1996 and to request information from the public on the use of these methods under interim approvals issued since 1995. ° EPA Method 245.7 for the determination of mercury. ° New methods developed by voluntary consensus standard bodies that stakeholders have requested. ° Updates currently approved EPA WET methods, 70 ASTM Methods, and 85 Standard Methods On line.

Other proposed additions include modifying some methods ( e. g., approving new standards for turbidity methods), clarifying analytical requirements for multi analyte methods, and establishing guidelines for increased method flexibility for CWA monitoring.

Today's action also proposes to withdraw most methods published in the 1983 methods manual Methods for the Chemical Analysis of Water and Wastes ( MCAWW), liquid liquid extraction methods for dichlorobenzenes, and CFC 113 based oil and grease methods. Where MCAWW methods are withdrawn, alternative test procedures published by EPA or other organizations ( e. g., ASTM, Standard Methods) will be provided. Non liquid liquid extraction methods are currently approved for determination of dichlorobenzene. Finally, nhexane based methods are currently approved alternatives for to CFC method for determination of oil and grease.

With regard to sampling requirements, today's action proposes new and revised sample collection and storage procedures. We are making these changes to correct inconsistencies between sampling requirements at 40 CFR 122, 136, and 403; to make requirements reflect current scientific understanding ( e. g., extending holding times or changing to superior sample preservatives based on available data); and to clarify existing requirements.

We are also making general editorial changes to increase the utility of the CFR. For example, we are moving the table of approved methods in the pesticide chemicals industrial subcategory ( 40 CFR 455) to 40 CFR 136 in order to consolidate lists of approved methods.

Safe Drinking Water Act Regulations Today's action proposes a number of analytical methods for SDWA monitoring, including:

° Three ATP's for the determination of available cyanide, anions, and free chlorine. ° EPA Method 327.0 for determination of chlorine dioxide. ° Updated revisions of 24 ASTM Methods and 52 Standard Methods On line.

Due to reported problems with method interferences, EPA also proposes to withdraw Syngenta Method AG 625 for the determination of atrazine by immunoassay.

Microbiological ATP Protocol EPA is soliciting comments on the EPA Microbiological Alternate Test Procedure ( ATP) Protocol for Drinking Water, Ambient Water, and Wastewater Monitoring Methods   Guidance ( July 2003, EPA 821 B 03 004). The Protocol is draft guidance for the evaluating microbiological ATPs. It was referenced in the July 21, 2003, rule promulgating methods for analyzing microbiological contaminants in ambient waters ( July 21, 2003, 68 FR 43272). EPA does not plan to codify the protocol, but is interested in receiving comments to consider in future revisions.

Additional Information and Copies For further information about the wastewater portion of this proposal, please contact Marion Kelly at the U. S. Environmental Protection Agency, Office of Water, Engineering and Analysis Division ( 4303T), 1200 Pennsylvania Avenue, Washington, D. C. 20460; ( e mail: Kelly. Marion@ epa. gov).

For information about the drinking water portion of this proposal contact Herbert J. Brass at the U. S. Environmental Protection Agency, Office of Water, Office of Ground Water and Drinking Water, Cincinnati, Ohio 45268 ; ( e mail: Brass. Herb@ epa. gov).

For information about the Microbiological ATP Protocol, please contact Robin Oshiro at the U. S. Environmental Protection Agency, Office of Water, Engineering and Analysis Division ( 4303T), 1200 Pennsylvania Avenue, Washington, D. C. 20460; ( e mail: Oshiro. Robin@ epa. gov).

The complete text of the Federal Register notice may be viewed or downloaded on the Internet at http:// www. epa. gov/ waterscience/ methods.


[Federal Register Volume 77, Number 129 (Thursday, July 5, 2012)]
[Rules and Regulations]
[Pages 39642-39647]
[FR Doc No: 2012-16348]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2012-0003; Internal Agency Docket No. FEMA-8235]

Suspension of Community Eligibility

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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

SUMMARY: This rule identifies communities where the sale of flood
insurance has been authorized under the National Flood Insurance
Program (NFIP) that are scheduled for suspension on the effective dates
listed within this rule because of noncompliance with the floodplain
management requirements of the program. If the Federal Emergency
Management Agency (FEMA) receives documentation that the community has
adopted the required floodplain management measures prior to the
effective suspension date given in this rule, the suspension will not
occur and a notice of this will be provided by publication in the
Federal Register on a subsequent date.

DATES: Effective Dates: The effective date of each community's
scheduled suspension is the third date (``Susp.'') listed in the third
column of the following tables.

FOR FURTHER INFORMATION CONTACT: If you want to determine whether a
particular community was suspended on the suspension date or for
further information, contact David Stearrett, Federal Insurance and
Mitigation Administration, Federal Emergency Management Agency, 500 C
Street SW., Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase
Federal flood insurance that is not otherwise generally available from
private insurers. In return, communities agree to adopt and administer
local floodplain management measures aimed at protecting lives and new
construction from future flooding. Section 1315 of the National Flood
Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits the sale
of NFIP flood

insurance unless an appropriate public body adopts adequate floodplain
management measures with effective enforcement measures. The
communities listed in this document no longer meet that statutory
requirement for compliance with program regulations, 44 CFR part 59.
Accordingly, the communities will be suspended on the effective date in
the third column. As of that date, flood insurance will no longer be
available in the community. We recognize that some of these communities
may adopt and submit the required documentation of legally enforceable
floodplain management measures after this rule is published but prior
to the actual suspension date. These communities will not be suspended
and will continue to be eligible for the sale of NFIP flood insurance.
A notice withdrawing the suspension of such communities will be
published in the Federal Register.
    In addition, FEMA publishes a Flood Insurance Rate Map (FIRM) that
identifies the Special Flood Hazard Areas (SFHAs) in these communities.
The date of the FIRM, if one has been published, is indicated in the
fourth column of the table. No direct Federal financial assistance
(except assistance pursuant to the Robert T. Stafford Disaster Relief
and Emergency Assistance Act not in connection with a flood) may be
provided for construction or acquisition of buildings in identified
SFHAs for communities not participating in the NFIP and identified for
more than a year on FEMA's initial FIRM for the community as having
flood-prone areas (section 202(a) of the Flood Disaster Protection Act
of 1973, 42 U.S.C. 4106(a), as amended). This prohibition against
certain types of Federal assistance becomes effective for the
communities listed on the date shown in the last column. The
Administrator finds that notice and public comment procedures under 5
U.S.C. 553(b), are impracticable and unnecessary because communities
listed in this final rule have been adequately notified.
    Each community receives 6-month, 90-day, and 30-day notification
letters addressed to the Chief Executive Officer stating that the
community will be suspended unless the required floodplain management
measures are met prior to the effective suspension date. Since these
notifications were made, this final rule may take effect within less
than 30 days.
    National Environmental Policy Act. This rule is categorically
excluded from the requirements of 44 CFR part 10, Environmental
Considerations. No environmental impact assessment has been prepared.
    Regulatory Flexibility Act. The Administrator has determined that
this rule is exempt from the requirements of the Regulatory Flexibility
Act because the National Flood Insurance Act of 1968, as amended,
Section 1315, 42 U.S.C. 4022, prohibits flood insurance coverage unless
an appropriate public body adopts adequate floodplain management
measures with effective enforcement measures. The communities listed no
longer comply with the statutory requirements, and after the effective
date, flood insurance will no longer be available in the communities
unless remedial action takes place.
    Regulatory Classification. This final rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
    Executive Order 13132, Federalism. This rule involves no policies
that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This rule meets the
applicable standards of Executive Order 12988.
    Paperwork Reduction Act. This rule does not involve any collection
of information for purposes of the Paperwork Reduction Act, 44 U.S.C.
3501 et seq.

List of Subjects in 44 CFR Part 64

    Flood insurance, Floodplains.

    Accordingly, 44 CFR part 64 is amended as follows:

PART 64--[AMENDED]

0
1. The authority citation for part 64 continues to read as follows:

    Authority:  42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp.; p. 376.

Sec.  64.6  [Amended]

0
2. The tables published under the authority of Sec.  64.6 are amended
as follows:

----------------------------------------------------------------------------------------------------------------
                                                Effective date
                                                authorization/
                                  Community     cancellation of    Current effective map   Date certain federal
      State and location             No.         sale of flood             date            assistance no longer
                                                 insurance in                               available in SFHAs
                                                   community
----------------------------------------------------------------------------------------------------------------
           Region I

        Massachusetts:
    Amesbury, City of, Essex          250075  August 7, 1975,     July 3, 2012..........  July 3, 2012.
     County.                                   Emerg; June 18,
                                               1980, Reg; July
                                               3, 2012, Susp.
    Andover, Town of, Essex           250076  February 18, 1972,  ......do\*\...........  Do.
     County.                                   Emerg; August 1,
                                               1978, Reg; July
                                               3, 2012, Susp.
    Beverly, City of, Essex           250077  August 16, 1974,    ......do..............  Do.
     County.                                   Emerg; March 18,
                                               1986, Reg; July
                                               3, 2012, Susp.
    Boxford, Town of, Essex           250078  September 15,       ......do..............  Do.
     County.                                   1975, Emerg; June
                                               3, 1991, Reg;
                                               July 3, 2012,
                                               Susp.
    Danvers, Town of, Essex           250079  July 22, 1975,      ......do..............  Do.
     County.                                   Emerg; July 2,
                                               1980, Reg; July
                                               3, 2012, Susp.
    Essex, Town of, Essex             250080  November 14, 1973,  ......do..............  Do.
     County.                                   Emerg; July 17,
                                               1986, Reg; July
                                               3, 2012, Susp.
    Georgetown, Town of, Essex        250081  July 31, 1975,      ......do..............  Do.
     County.                                   Emerg; June 4,
                                               1980, Reg; July
                                               3, 2012, Susp.
    Gloucester, City of, Essex        250082  December 1, 1972,   ......do..............  Do.
     County.                                   Emerg; January
                                               17, 1986, Reg;
                                               July 3, 2012,
                                               Susp.
    Groveland, Town of, Essex         250083  June 19, 1975,      ......do..............  Do.
     County.                                   Emerg; October 1,
                                               1980, Reg; July
                                               3, 2012, Susp.
    Hamilton, Town of, Essex          250084  N/A, Emerg; July    ......do..............  Do.
     County.                                   26, 1993, Reg;
                                               July 3, 2012,
                                               Susp.
    Haverhill, City of, Essex         250085  April 30, 1974,     ......do..............  Do.
     County.                                   Emerg; February
                                               16, 1993, Reg;
                                               July 3, 2012,
                                               Susp.
    Ipswich, Town of, Essex           250086  July 30, 1975,      ......do..............  Do.
     County.                                   Emerg; August 5,
                                               1985, Reg; July
                                               3, 2012, Susp.
    Lawrence, City of, Essex          250087  July 2, 1974,       ......do..............  Do.
     County.                                   Emerg; August 2,
                                               1982, Reg; July
                                               3, 2012, Susp.

    Lynn, City of, Essex              250088  August 9, 1974,     ......do..............  Do.
     County.                                   Emerg; February
                                               1, 1985, Reg;
                                               July 3, 2012,
                                               Susp.
    Lynnfield, Town of, Essex         250089  September 6, 1974,  ......do..............  Do.
     County.                                   Emerg; February
                                               1, 1980, Reg;
                                               July 3, 2012,
                                               Susp.
    Manchester by the Sea,            250090  January 15, 1974,   ......do..............  Do.
     Town of, Essex County.                    Emerg; September
                                               4, 1986, Reg;
                                               July 3, 2012,
                                               Susp.
    Marblehead, Town of, Essex        250091  January 16, 1974,   ......do..............  Do.
     County.                                   Emerg; July 3,
                                               1985, Reg; July
                                               3, 2012, Susp.
    Merrimac, Town of, Essex          250092  February 7, 1975,   ......do..............  Do.
     County.                                   Emerg; July 5,
                                               1982, Reg; July
                                               3, 2012, Susp.
    Methuen, City of, Essex           250093  June 26, 1974,      ......do..............  Do.
     County.                                   Emerg; July 2,
                                               1980, Reg; July
                                               3, 2012, Susp.
    Middleton, Town of, Essex         250094  February 19, 1976,  ......do..............  Do.
     County.                                   Emerg; November
                                               5, 1980, Reg;
                                               July 3, 2012,
                                               Susp.
    Nahant, Town of, Essex            250095  September 22,       ......do..............  Do.
     County.                                   1972, Emerg; July
                                               19, 1976, Reg;
                                               July 3, 2012,
                                               Susp.
    Newbury, Town of, Essex           250096  October 6, 1972,    ......do..............  Do.
     County.                                   Emerg; March 15,
                                               1977, Reg; July
                                               3, 2012, Susp.
    Newburyport, City of,             250097  October 6, 1972,    ......do..............  Do.
     Essex County.                             Emerg; February
                                               15, 1978, Reg;
                                               July 3, 2012,
                                               Susp.
    North Andover, Town of,           250098  July 2, 1975,       ......do..............  Do.
     Essex County.                             Emerg; June 15,
                                               1983, Reg; July
                                               3, 2012, Susp.
    Peabody, City of, Essex           250099  July 29, 1975,      ......do..............  Do.
     County.                                   Emerg; May 15,
                                               1980, Reg; July
                                               3, 2012, Susp.
    Rockport, Town of, Essex          250100  July 28, 1975,      ......do..............  Do.
     County.                                   Emerg; June 19,
                                               1985, Reg; July
                                               3, 2012, Susp.
    Rowley, Town of, Essex            250101  N/A, Emerg;         ......do..............  Do.
     County.                                   December 3, 2009,
                                               Reg; July 3,
                                               2012, Susp.
    Salem, City of, Essex             250102  June 23, 1972,      ......do..............  Do.
     County.                                   Emerg; March 15,
                                               1977, Reg; July
                                               3, 2012, Susp.
    Salisbury, Town of, Essex         250103  November 17, 1972,  ......do..............  Do.
     County.                                   Emerg; May 2,
                                               1977, Reg; July
                                               3, 2012, Susp.
    Saugus, Town of, Essex            250104  August 25, 1975,    ......do..............  Do.
     County.                                   Emerg; January
                                               19, 1983, Reg;
                                               July 3, 2012,
                                               Susp.
    Swampscott, Town of, Essex        250105  September 29,       ......do..............  Do.
     County.                                   1972, Emerg;
                                               September 3,
                                               1976, Reg; July
                                               3, 2012, Susp.
    Topsfield, Town of, Essex         250106  September 26,       ......do..............  Do.
     County.                                   1975, Emerg; June
                                               4, 1980, Reg;
                                               July 3, 2012,
                                               Susp.
    Wenham, Town of, Essex            250107  July 23, 1975,      ......do..............  Do.
     County.                                   Emerg; June 19,
                                               1989, Reg; July
                                               3, 2012, Susp.
    West Newbury, Town of,            250108  August 16, 1974,    ......do..............  Do.
     Essex County.                             Emerg; June 15,
                                               1979, Reg; July
                                               3, 2012, Susp.
          Region III

    Pennsylvania: Albany,             421046  November 19, 1975,  ......do..............  Do.
     Township of, Berks County.                Emerg; September
                                               30, 1988, Reg;
                                               July 3, 2012,
                                               Susp.
    Alsace, Township of, Berks        421376  May 27, 1975,       ......do..............  Do.
     County.                                   Emerg; April 1,
                                               1981, Reg; July
                                               3, 2012, Susp.
    Amity, Township of, Berks         420124  April 12, 1973,     ......do..............  Do.
     County.                                   Emerg; July 18,
                                               1977, Reg; July
                                               3, 2012, Susp.
    Bally, Borough of, Berks          420125  N/A, Emerg; August  ......do..............  Do.
     County.                                   1, 2001, Reg;
                                               July 3, 2012,
                                               Susp.
    Bechtelsville, Borough of,        420126  April 7, 1975,      ......do..............  Do.
     Berks County.                             Emerg; May 15,
                                               1984, Reg; July
                                               3, 2012, Susp.
    Bern, Township of, Berks          421050  March 25, 1974,     ......do..............  Do.
     County.                                   Emerg; November
                                               19, 1980, Reg;
                                               July 3, 2012,
                                               Susp.
    Bernville, Borough of,            421051  January 6, 1976,    ......do..............  Do.
     Berks County.                             Emerg; January
                                               26, 1983, Reg;
                                               July 3, 2012,
                                               Susp.
    Bethel, Township of, Berks        421052  June 19, 1978,      ......do..............  Do.
     County.                                   Emerg; July 15,
                                               1988, Reg; July
                                               3, 2012, Susp.
    Birdsboro, Borough of,            420127  December 29, 1972,  ......do..............  Do.
     Berks County.                             Emerg; December
                                               18, 1979, Reg;
                                               July 3, 2012,
                                               Susp.
    Boyertown, Borough of,            420128  July 18, 1975,      ......do..............  Do.
     Berks County.                             Emerg; June 25,
                                               1976, Reg; July
                                               3, 2012, Susp.
    Brecknock, Township of,           421053  November 24, 1975,  ......do..............  Do.
     Berks County.                             Emerg; June 15,
                                               1981, Reg; July
                                               3, 2012, Susp.
    Caernarvon, Township of,          421055  November 26, 1974,  ......do..............  Do.
     Berks County.                             Emerg; January
                                               16, 1981, Reg;
                                               July 3, 2012,
                                               Susp.
    Centerport, Borough of,           420129  August 31, 1978,    ......do..............  Do.
     Berks County.                             Emerg; July 16,
                                               1982, Reg; July
                                               3, 2012, Susp.
    Centre, Township of, Berks        421056  October 4, 1977,    ......do..............  Do.
     County.                                   Emerg; December
                                               16, 1980, Reg;
                                               July 3, 2012,
                                               Susp.
    Colebrookdale, Township           421057  May 2, 1975,        ......do..............  Do.
     of, Berks County.                         Emerg; May 1,
                                               1984, Reg; July
                                               3, 2012, Susp.
    Cumru, Township of, Berks         420130  November 24, 1972,  ......do..............  Do.
     County.                                   Emerg; January 3,
                                               1979, Reg; July
                                               3, 2012, Susp.
    District, Township of,            421378  November 21, 1975,  ......do..............  Do.
     Berks County.                             Emerg; August 19,
                                               1985, Reg; July
                                               3, 2012, Susp.
    Exeter, Township of, Berks        421063  September 27,       ......do..............  Do.
     County.                                   1974, Emerg;
                                               March 15, 1982,
                                               Reg; July 3,
                                               2012, Susp.
    Greenwich, Township of,           421067  August 21, 1975,    ......do..............  Do.
     Berks County.                             Emerg; February
                                               17, 1989, Reg;
                                               July 3, 2012,
                                               Susp.

    Hamburg, Borough of, Berks        420134  May 1, 1973,        ......do..............  Do.
     County.                                   Emerg; February
                                               15, 1980, Reg;
                                               July 3, 2012,
                                               Susp.
    Heidelberg, Township of,          421069  March 7, 1977,      ......do..............  Do.
     Berks County.                             Emerg; May 3,
                                               1990, Reg; July
                                               3, 2012, Susp.
    Hereford, Township of,            421379  November 20, 1975,  ......do..............  Do.
     Berks County.                             Emerg; May 3,
                                               1990, Reg; July
                                               3, 2012, Susp.
    Jefferson, Township of,           421071  June 24, 1976,      ......do..............  Do.
     Berks County.                             Emerg; September
                                               1, 1987, Reg;
                                               July 3, 2012,
                                               Susp.
    Kenhorst, Borough of,             420135  December 29, 1972,  ......do..............  Do.
     Berks County.                             Emerg; February
                                               15, 1978, Reg;
                                               July 3, 2012,
                                               Susp.
    Kutztown, Borough of,             420136  June 30, 1972,      ......do..............  Do.
     Berks County.                             Emerg; May 2,
                                               1977, Reg; July
                                               3, 2012, Susp.
    Leesport, Borough of,             420138  December 26, 1973,  ......do..............  Do.
     Berks County.                             Emerg; May 16,
                                               1977, Reg; July
                                               3, 2012, Susp.
    Lenhartsville, Borough of,        420139  August 25, 1975,    ......do..............  Do.
     Berks County.                             Emerg; February
                                               17, 1989, Reg;
                                               July 3, 2012,
                                               Susp.
    Longswamp, Township of,           421380  November 24, 1975,  ......do..............  Do.
     Berks County.                             Emerg; July 3,
                                               1990, Reg; July
                                               3, 2012, Susp.
    Lower Heidelberg, Township        421077  July 18, 1975,      ......do..............  Do.
     of, Berks County.                         Emerg; August 16,
                                               1982, Reg; July
                                               3, 2012, Susp.
    Maidencreek, Township of,         421078  June 9, 1975,       ......do..............  Do.
     Berks County.                             Emerg; March 16,
                                               1981, Reg; July
                                               3, 2012, Susp.
    Marion, Township of, Berks        421079  October 28, 1975,   ......do..............  Do.
     County.                                   Emerg; January 2,
                                               1981, Reg; July
                                               3, 2012, Susp.
    Maxatawny, Township of,           421381  December 3, 1975,   ......do..............  Do.
     Berks County.                             Emerg; November
                                               5, 1980, Reg;
                                               July 3, 2012,
                                               Susp.
    Mohnton, Borough of, Berks        420142  January 23, 1974,   ......do..............  Do.
     County.                                   Emerg; July 2,
                                               1980, Reg; July
                                               3, 2012, Susp.
    Muhlenberg, Township of,          420144  March 9, 1973,      ......do..............  Do.
     Berks County.                             Emerg; September
                                               1, 1977, Reg;
                                               July 3, 2012,
                                               Susp.
    New Morgan, Borough of,           422755  N/A, Emerg; April   ......do..............  Do.
     Berks County.                             20, 1998, Reg;
                                               July 3, 2012,
                                               Susp.
    North Heidelberg, Township        421086  December 23, 1976,  ......do..............  Do.
     of, Berks County.                         Emerg; March 18,
                                               1983, Reg; July
                                               3, 2012, Susp.
    Oley, Township of, Berks          420965  January 15, 1974,   ......do..............  Do.
     County.                                   Emerg; September
                                               14, 1990, Reg;
                                               July 3, 2012,
                                               Susp.
    Ontelaunee, Township of,          420966  September 5, 1973,  ......do..............  Do.
     Berks County.                             Emerg; June 1,
                                               1977, Reg; July
                                               3, 2012, Susp.
    Penn, Township of, Berks          421091  July 2, 1975,       ......do..............  Do.
     County.                                   Emerg; July 15,
                                               1988, Reg; July
                                               3, 2012, Susp.
    Perry, Township of, Berks         421093  September 12,       ......do..............  Do.
     County.                                   1975, Emerg;
                                               August 16, 1982,
                                               Reg; July 3,
                                               2012, Susp.
    Pike, Township of, Berks          421382  December 10, 1974,  ......do..............  Do.
     County.                                   Emerg; July 18,
                                               1983, Reg; July
                                               3, 2012, Susp.
    Reading, City of, Berks           420145  October 29, 1971,   ......do..............  Do.
     County.                                   Emerg; September
                                               29, 1978, Reg;
                                               July 3, 2012,
                                               Susp.
    Richmond, Township of,            421096  August 28, 1975,    ......do..............  Do.
     Berks County.                             Emerg; September
                                               17, 1982, Reg;
                                               July 3, 2012,
                                               Susp.
    Robeson, Township of,             420146  December 29, 1972,  ......do..............  Do.
     Berks County.                             Emerg; September
                                               3, 1980, Reg;
                                               July 3, 2012,
                                               Susp.
    Robesonia, Borough of,            420147  January 21, 1975,   ......do..............  Do.
     Berks County.                             Emerg; June 18,
                                               1990, Reg; July
                                               3, 2012, Susp.
    Rockland, Township of,            421098  July 29, 1975,      ......do..............  Do.
     Berks County.                             Emerg; September
                                               2, 1988, Reg;
                                               July 3, 2012,
                                               Susp.
    Roscombmanor, Township of,        421099  August 6, 1975,     ......do..............  Do.
     Berks County.                             Emerg; February
                                               2, 1989, Reg;
                                               July 3, 2012,
                                               Susp.
    Saint Lawrence, Borough           420151  June 13, 1975,      ......do..............  Do.
     of, Berks County.                         Emerg; December
                                               16, 1980, Reg;
                                               July 3, 2012,
                                               Susp.
    Shillington, Borough of,          420148  November 5, 1971,   ......do..............  Do.
     Berks County.                             Emerg; August 1,
                                               1977, Reg; July
                                               3, 2012, Susp.
    Shoemakersville, Borough          420149  March 26, 1974,     ......do..............  Do.
     of, Berks County.                         Emerg; June 15,
                                               1979, Reg; July
                                               3, 2012, Susp.
    Sinking Spring, Borough           420150  May 30, 1974,       ......do..............  Do.
     of, Berks County.                         Emerg; August 16,
                                               1982, Reg; July
                                               3, 2012, Susp.
    South Heidelberg, Township        421107  April 4, 1974,      ......do..............  Do.
     of, Berks County.                         Emerg; May 17,
                                               1990, Reg; July
                                               3, 2012, Susp.
    Spring, Township of, Berks        421108  June 27, 1974,      ......do..............  Do.
     County.                                   Emerg; April 18,
                                               1983, Reg; July
                                               3, 2012, Susp.
    Strausstown, Borough of,          420152  July 31, 1979,      ......do..............  Do.
     Berks County.                             Emerg; February
                                               11, 1983, Reg;
                                               July 3, 2012,
                                               Susp.
    Tilden, Township of, Berks        421112  April 7, 1975,      ......do..............  Do.
     County.                                   Emerg; July 16,
                                               1980, Reg; July
                                               3, 2012, Susp.
    Topton, Borough of, Berks         420154  July 25, 1975,      ......do..............  Do.
     County.                                   Emerg; July 16,
                                               1990, Reg; July
                                               3, 2012, Susp.
    Union, Township of, Berks         420155  July 9, 1973,       ......do..............  Do.
     County.                                   Emerg; August 15,
                                               1977, Reg; July
                                               3, 2012, Susp.
    Upper Bern, Township of,          421118  May 8, 1979,        ......do..............  Do.
     Berks County.                             Emerg; November
                                               5, 1982, Reg;
                                               July 3, 2012,
                                               Susp.
    Washington, Township of,          421383  September 12,       ......do..............  Do.
     Berks County.                             1977, Emerg; June
                                               1, 1984, Reg;
                                               July 3, 2012,
                                               Susp.
    Wernersville, Borough of,         421374  July 10, 1975,      ......do..............  Do.
     Berks County.                             Emerg; August 2,
                                               1982, Reg; July
                                               3, 2012, Susp.

    West Reading, Borough of,         420156  September 3, 1971,  ......do..............  Do.
     Berks County.                             Emerg; March 16,
                                               1976, Reg; July
                                               3, 2012, Susp.
    Windsor, Township of,             421125  April 17, 1975,     ......do..............  Do.
     Berks County.                             Emerg; December
                                               16, 1980, Reg;
                                               July 3, 2012,
                                               Susp.
    Womelsdorf, Borough of,           420157  March 7, 1977,      ......do..............  Do.
     Berks County.                             Emerg; October
                                               15, 1985, Reg;
                                               July 3, 2012,
                                               Susp.
           Region IV
Georgia:
    Hamilton, City of, Harris         130594  July 15, 2010,      ......do..............  Do.
     County.                                   Emerg; N/A, Reg;
                                               July 3, 2012,
                                               Susp.
    Harris County,                    130338  December 3, 1986,   ......do..............  Do.
     Unincorporated Areas.                     Emerg; December
                                               5, 1990, Reg;
                                               July 3, 2012,
                                               Susp.
    Hogansville, City of,             130176  June 18, 1975,      ......do..............  Do.
     Troup County.                             Emerg; August 4,
                                               1987, Reg; July
                                               3, 2012, Susp.
    LaGrange, City of, Troup          130177  February 5, 1974,   ......do..............  Do.
     County.                                   Emerg; December
                                               1, 1978, Reg;
                                               July 3, 2012,
                                               Susp.
    Manchester, City of,              130225  December 29, 1975,  ......do..............  Do.
     Meriwether and Talbot                     Emerg; August 5,
     Counties.                                 1986, Reg; July
                                               3, 2012, Susp.
    Meriwether County,                130473  June 25, 1986,      ......do..............  Do.
     Unincorporated Areas.                     Emerg; July 16,
                                               1990, Reg; July
                                               3, 2012, Susp.
    Talbot County,                    130396  May 30, 1979,       ......do..............  Do.
     Unincorporated Areas.                     Emerg; September
                                               4, 1986, Reg;
                                               July 3, 2012,
                                               Susp.
    Troup County,                     130405  September 19,       ......do..............  Do.
     Unincorporated Areas.                     1975, Emerg;
                                               December 5, 1990,
                                               Reg; July 3,
                                               2012, Susp.
    Waverly Hall, Town of,            130240  August 26, 1975,    ......do..............  Do.
     Harris County.                            Emerg; August 1,
                                               1986, Reg; July
                                               3, 2012, Susp.
    West Point, City of,              130178  March 3, 1975,      ......do..............  Do.
     Harris and Troup Counties.                Emerg; January 6,
                                               1983, Reg; July
                                               3, 2012, Susp.
    Woodland, City of, Talbot         130397  October 28, 1975,   ......do..............  Do.
     County.                                   Emerg; June 25,
                                               1976, Reg; July
                                               3, 2012, Susp.
    Tennessee: Benton County,         470218  October 4, 1989,    ......do..............  Do.
     Unincorporated Areas.                     Emerg; July 2,
                                               1991, Reg; July
                                               3, 2012, Susp.
    Big Sandy, Town of, Benton        470295  N/A, Emerg;         ......do..............  Do.
     County.                                   November 26,
                                               2008, Reg; July
                                               3, 2012, Susp.
    Camden, City of, Benton           470010  April 2, 1975,      ......do..............  Do.
     County.                                   Emerg; July 17,
                                               1986, Reg; July
                                               3, 2012, Susp.
           Region VI

Texas:
    Cottonwood, City of,              480292  June 18, 2010,      ......do..............  Do.
     Kaufman County.                           Emerg; N/A, Reg;
                                               July 3, 2012,
                                               Susp.
    Crandall, City of, Kaufman        480409  March 12, 1992,     ......do..............  Do.
     County.                                   Emerg; November
                                               1, 1992, Reg;
                                               July 3, 2012,
                                               Susp.
    Dallas, City of, Collin,          480171  June 30, 1970,      ......do..............  Do.
     Dallas, Denton, Kaufman                   Emerg; March 16,
     and Rockwall Counties.                    1983, Reg; July
                                               3, 2012, Susp.
    Forney, City of, Kaufman          480410  April 8, 1975,      ......do..............  Do.
     County.                                   Emerg; August 8,
                                               1978, Reg; July
                                               3, 2012, Susp.
    Heath, City of, Kaufman           480545  November 11, 1977,  ......do..............  Do.
     and Rockwall County.                      Emerg; February
                                               1, 1980, Reg;
                                               July 3, 2012,
                                               Susp.
    Kaufman, City of, Kaufman         480407  May 16, 1975,       ......do..............  Do.
     County.                                   Emerg; August 8,
                                               1978, Reg; July
                                               3, 2012, Susp.
    Kaufman County,                   480411  September 26,       ......do..............  Do.
     Unincorporated Areas.                     1989, Emerg;
                                               September 4,
                                               1991, Reg; July
                                               3, 2012, Susp.
    Kemp, City of, Kaufman            480412  September 16,       ......do..............  Do.
     County.                                   1980, Emerg;
                                               September 16,
                                               1980, Reg; July
                                               3, 2012, Susp.
    Mabank, City of, Henderson        480414  February 22, 1977,  ......do..............  Do.
     and Kaufman Counties.                     Emerg; August 8,
                                               1978, Reg; July
                                               3, 2012, Susp.
    McLendon-Chisholm, City           480546  February 21, 1997,  ......do..............  Do.
     of, Kaufman and Rockwall                  Emerg; September
     Counties.                                 26, 2008, Reg;
                                               July 3, 2012,
                                               Susp.
    Mesquite, City of, Dallas         485490  July 24, 1970,      ......do..............  Do.
     and Kaufman Counties.                     Emerg; July 30,
                                               1971, Reg; July
                                               3, 2012, Susp.
    Oak Ridge, Town of,               481534  October 5, 2010,    ......do..............  Do.
     Kaufman County.                           Emerg; N/A, Reg;
                                               July 3, 2012,
                                               Susp.
    Scurry, City of, Kaufman          480241  October 12, 2010,   ......do..............  Do.
     County.                                   Emerg; N/A, Reg;
                                               July 3, 2012,
                                               Susp.
    Seagoville, City of,              480187  June 25, 1975,      ......do..............  Do.
     Dallas and Kaufman                        Emerg; June 15,
     Counties.                                 1981, Reg; July
                                               3, 2012, Susp.
    Seven Points, City of,            480332  N/A, Emerg; August  ......do..............  Do.
     Henderson and Kaufman                     23, 2001, Reg;
     Counties.                                 July 3, 2012,
                                               Susp.
    Talty, Town of, Kaufman           480468  N/A, Emerg;         ......do..............  Do.
     County.                                   January 6, 2010,
                                               Reg; July 3,
                                               2012, Susp.
    Terrell, City of, Kaufman         480416  June 18, 1976,      ......do..............  Do.
     County.                                   Emerg; September
                                               30, 1980, Reg;
                                               July 3, 2012,
                                               Susp.
          Region VIII

Colorado: Fremont County,             080067  June 25, 1975,      ......do..............  Do.
 Unincorporated Areas.                         Emerg; September
                                               29, 1989, Reg;
                                               July 3, 2012,
                                               Susp.
----------------------------------------------------------------------------------------------------------------
*do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.

    Dated: June 20, 2012.
David L. Miller,
Associate Administrator, Federal Insurance and Mitigation
Administration, Department of Homeland Security, Federal Emergency
Management Agency.
[FR Doc. 2012-16348 Filed 7-3-12; 8:45 am]
BILLING CODE 9110-12-P


Name:           BARRY
Title:
Organization:   M C ENTERPRISES INTERNATIONAL INC
Date:           20020909
Address1:
Address2:
City:           DENVER
State:          CO
Zip Code:       80221-6609
Docket Number:  S030
Exhibit Number: 3-6
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Notice of intent to establish Negotiated Rulemaking Committee; request for nominees and comments.

The Occupational Safety and Health Administration is announcing its intent to establish a Cranes and Derricks Negotiated Rulemaking Advisory Committee (C-DAC) under the Negotiated Rulemaking Act (NRA) and the Federal Advisory Committee Act (FACA).  The Committee will negotiate issues associated with the development of a proposed revision of the existing construction safety standards for the cranes and derricks portion (1926.550) of 29 CFR 1926 Subpart N - Cranes, Derricks, Hoists, Elevators, and Conveyors.  The Committee will include representatives of parties who would be significantly affected by the final rule.  OSHA solicits comments on the initiative and requests interested parties to nominate representatives for membership on C-DAC.

Please note that you may not attach materials such as studies or journal articles to your electronic comments.  If you wish to include such materials, you must submit three copies to the OSHA Docket Office, Docket No. S-030, US Department of Labor, Room N-2625, 200 Constitution Avenue, NW, Washington, DC 20210.

If you wish to submit a nomination or comment online, you may enter it into the box below.  If you are submitting a nomination, please read the Federal Register notice for a list of what is needed to complete the application.  Online comments or nominations must be received by September 16, 2002.

Sept 9, 2002OSHA Docket OfficeDocket S-030U.S. Dept.  of Labor200 Constitution Ave. Room N-2625Washington, DC 20210RE: Nomination of Steve Miller for Subpart N NegReg (C-DAC)Dear Sirs:I understand that Mr. Steve Miller is a candidate for a position on the subject negotiated rule making committee. I hereby nominate and endorse Mr. Miller for this position.  We will be involved in the NEGREG process through our Association and directly with Steve Miller.Steve has a lifelong history with safety,  and cranes in particular, having run and worked around cranes since he was of working age. Steve is a qualified operator, crane and rigging safety specialist, crane inspector, and he manages Miller Safety Consulting, Inc.  and Crane and Rigging Consultants, Inc. both of which serve the construction and industrial communities with crane and rigging training, accident investigations, crane inspections, etc. He is a qualified trainer for the New Mexico crane licensing requirements, and is soon to be certified as a trainer for NCCO. He will be a valuable asset to the committee and will represent our companys interests and point of view, and our industrys interests well. I am a safety specialist and an Executive Director of the Steel Erectors Safety Association of Colorado (SESAC).  We are involved in the OSHA Partnership for Steel Erectors in this region.  My consulting company works with cranes and hoisting every day as a jobsite consultant to heavy construction, and also training and operator testing organization.  In addition we represent nearly 600 contractors, vendors,leasing companies, etc. on safety matters, virtually all of whom are affected by cranes and crane useage,  including the following cross sections of the affected community that use our services: ___X___ Those that repair and maintain cranes___X____ Those that lease cranes to other contractors or users___X____ Those that are owners of cranes ___X____ Those that use leased cranes___X____ General contractorsWe thank you and the Secretary for this opportunity to have a Negotiated Rulemaking Committee and we encourage the Agency and the Secretary to choose Steve Miller for membership. Very truly yours, Barry A.ColeExecutive Vice President