transportation has begun, under which the manifest cannot be fully
completed electronically. For example, the e-Manifest system may go
down or become unavailable to users after the waste has been delivered
to the initial transporter. Similarly, a transportation vehicle may
break down while the waste shipment is in transportation, and it may be
necessary to substitute another transporter or another vehicle that
does not participate in e-Manifest. For these and like situations,
therefore, it is necessary for the final rule to establish procedures
for the manual completion of manifests that are initiated
electronically, but, for whatever reason, cannot be completed
electronically.
    For these unfinished electronic manifests, it is the responsibility
of the waste handler in possession of the waste at the time the
electronic manifest becomes unavailable to obtain a pre-printed
manifest from a registered printer, or, reproduce sufficient copies of
the printed manifest carried on the transport vehicle to comply with
the DOT's HMR. If the electronic manifest becomes unavailable before
the waste is delivered by the generator to the initial transporter,
then the simple back-up solution for the generator is to obtain and
complete the manifest using a pre-printed manifest obtained from a
registered manifest printer. The back-up paper manifest is then
completed and used by the generator and other handlers in the same
manner as any other paper manifest. This requirement is set out at
Sec.  262.24(e) of the generator requirements.
    If, however, the electronic manifest becomes unavailable after the
generator has delivered the waste to the initial transporter, then the
transporter then in possession of the waste must follow different
procedures. These special procedures for ``replacement manifests'' are
codified at Sec.  263.20(a)(6) of the transporter regulations.
    In such cases, the transporter in possession of the waste must
reproduce sufficient copies of the paper copy that is carried on the
transport vehicle (which copy becomes the ``replacement'' manifest) and
complete all further tracking requirements with the replacement
manifest. This transporter should produce enough copies so that the
transporter in possession of the waste and all subsequent handlers
named on the manifest will be able to keep a paper copy for their
records. He or she must also produce two additional copies that will be
delivered with the waste to the designated facility. One such copy will
be sent to the generator by the designated facility, in accordance with
normal manifesting procedures for paper manifests. The final copy must
ultimately be forwarded to the e-Manifest system by the designated
facility for data processing. The transporter must also make notations
in Item 14 (the Special Handling or Additional Information Item)
indicating that the copies are a replacement manifest for an electronic
manifest that could not be completed and the tracking number of the
electronic manifest that the replacement manifest replaces.
    EPA recognizes that the transporter responsible for producing these
copies may not be able to reproduce the paper copies at the very moment
that he or she is aware that the electronic manifest is no longer
available for the shipment, but the copies must be produced before the
waste handler obtains the signature from the next transporter or the
designated facility to which the waste shipment is being delivered.
    From the point at which the electronic manifest is no longer
available for tracking the waste shipment, the paper replacement
manifest will be completed and managed just as it would be completed
and managed with the standard paper manifest form. However, as the
printed copies will lack carbon paper and thus will not enable printed
impressions to be passed through to all remaining copies, the
transporters and owner/operators entering signatures or other
information on the printed copies will need to sign and enter their
other information individually on all printed manifest copies in their
possession. As

the custody of the waste is transferred to subsequent waste handlers,
the subsequent handler will sign all the printed copies to acknowledge
receipt from the delivering handler, and the delivering handler will
keep one such signed copy for its records.
    At 40 CFR 264.72(g) and 265.72(g), we have promulgated the special
procedures applicable to designated facilities that receive replacement
manifests that accompany hazardous waste deliveries. In such cases, the
designated facility must likewise sign the remaining printed copies at
the time the waste shipment is ultimately delivered to the designated
facility. Upon signing the remaining copies to acknowledge the receipt
of the waste (or to note discrepancies), the designated facility must
provide one copy to the delivering transporter, must keep one copy for
its records, and must, within 30 days of receipt of the waste, send one
copy to the generator and submit an additional copy to the e-Manifest
system for data processing.
    EPA believes that these procedures for replacement manifests will
be sufficient for completing the tracking of waste shipments for those
irregular and infrequent circumstances where the manifest is initiated
electronically but cannot be completed electronically.

M. Manifest Corrections

    It is likely that errors will be made on manifests and continuation
sheets as there will be up to 5.6 million manifests a year with up to
278 data fields per shipment (manifest plus continuation sheet). The
types of errors that occur most frequently (based on experience with
the paper manifest) include nonexistent EPA ID numbers because of
transposed numbers, incorrect dates (past or future), missing required
data fields, such as quantity, units of measure, or waste codes (state
or RCRA), reported units of measure that are not appropriate for the
waste stream, and errors in the proper shipping name.
    We expect that the number of errors requiring correction will be
much less when the e-Manifest format is used, as the online system will
provide pre-shipment verification for accuracy and completeness of all
required fields. We also intend to include in the system features such
as drop down menus to aid in the selection of data items, the ability
to save and revise previously completed manifests, and the ability to
pre-populate manifests based on saved templates and user profiles.
While the number of errors should be reduced with these electronic
aids, we will still need to design an e-Manifest system with the
capability for generators, transporters, or designated facilities to
make those corrections that were not prevented by the pre-shipment
verification process or the other electronic aids. This process may
require correcting each manifest separately or could allow block
corrections of a set of manifests with the same error in waste code,
EPA ID number, or other like field. EPA and members of the manifest
user community will discuss the performance and design requirements for
addressing errors and corrections as we plan for the procurement action
that will lead to the development and operation of the e-Manifest
system.
    The larger e-Manifest data system will also include data obtained
from paper manifest forms and submitted to the e-Manifest system in
either image or paper form. These paper format manifests will not have
any pre-creation edits and may have more errors that need correction.
States that currently collect paper manifests and enter the data from
these forms into electronic databases have experienced high levels of
manifest errors. California, for example, estimates that up to 60% of
manifests have some errors. The most serious errors compromise the use
of the data for such purposes as waste stream analysis, revenue
collection, and enforcement. If manifest data are to be useful for
these purposes as well as for other purposes, such as streamlining the
biennial reporting process, then the accuracy of manifest data must be
improved. For this to occur, it will be necessary to establish a
process for manifest corrections.
    Persons providing data on a manifest have an obligation to provide
and submit accurate information. When data errors are discovered
before, during or after a hazardous waste shipment, the errors should
be corrected. EPA, states and the e-Manifest stakeholder groups will
coordinate to develop processes regarding corrections and notifications
when previously submitted manifest data are changed. The states will
continue to have a critical role in identifying errors and correcting
them.

IV. EPA's E-Manifest System Implementation Planning

A. Introduction

    Under the e-Manifest Act, EPA is required to establish the national
e-Manifest system through a performance-based contract within 3 years
of enactment of the e-Manifest Act, that is, by October 2015. This is a
very ambitious undertaking \27\ that will involve a great deal of
outreach with our stakeholders (which has already begun) as we plan for
system implementation. For example, during the 2nd through 4th quarters
of Fiscal Year 2013, EPA began its procurement activities related to e-
Manifest by conducting market research with IT vendors to determine
vendor capabilities and the availability of existing systems and
components that could be useful to the development of e-Manifest. We
also conducted system requirements meetings during February-March 2013
in Washington, DC, Chicago, and Denver, in order to elicit from
stakeholders their preferred system functionalities and requirements.
This information was quite useful in the development of Requirements
Analysis and Alternatives Analysis documents, which EPA will use to
guide its evaluation of system design alternatives and to develop more
current benefit and cost estimates for the various system design
options.
---------------------------------------------------------------------------

    \27\ The provision of e-Manifest services by October 2015 will
be a challenge for EPA not only on account of the ambitiousness of
the project and statutory schedule, but also because of the
uncertainty whether sufficient funding will be available to seed the
system development in only 3 years.
---------------------------------------------------------------------------

    While the details of the e-Manifest system design and development
will be fleshed out during the system planning and acquisition phases,
we intend that the e-Manifest system will support the following high-
level functions:
    1. Electronic Manifest Creation:
     Support for all manifest data elements,
     Support for several user interfaces, including mobile
device interface,
     Support for templates or other manifest creation short-
cuts, and
     Support for edit checks, pull down lists, and other aids
to improve data quality.
    2. Manifest Format and Communications Standards:
     Data exchange standard (e.g., XML schema or equivalent) to
enable data exchanges with industry and state data management systems,
and manipulations of data,
     Presentation standard to enable e-Manifest display that is
faithful to appearance of the paper form,
     Standardized communications protocols for transmissions
between handler devices and system, and
     Data exchange between e-Manifest and the railroad
industry's electronic waybill system, to facilitate shipments of
hazardous waste by rail.
    3. Document and work flow management:
     Work flow must support for ``chain of custody'' tracking
of each hazardous waste shipment,

     Completion of manifest data elements and signatures in
proper sequence without errors,
     Preservation of copies of record for key shipment
statuses,
     Management of work flow by mobile applications while
manifests reside on mobile devices, and
     Synchronization of mobile devices with Central System
after off-line operations.
    4. Electronic signatures and compliance with EPA's CROMERR Rule:
     ``Valid and enforceable electronic signatures'' per this
Rule and CROMERR, and
     Identity proofing as required.
    5. Manifest data reporting:
     Standard reports and customized queries.
    6. Manifest data access for states:
     Distribution of electronic manifests to states through the
National Environmental Information Exchange Network.
    7. Development of national manifest data repository:
     Repository to manage data from both electronic and paper
manifests.
    8. Standard processing of final copy of paper manifests from TSDFs:
     Imaging of final copies,
     Data import or data entry into national data system, and
     Quality checks and error reports for data import files.
    9. Electronic payment and collection of user fees.

B. What system architecture will be used for hosting e-Manifest?

    EPA will determine the preferred system architecture as we complete
our Requirements and Alternatives Analyses, and determine the most
practical and cost-effective means for fielding the e-Manifest
services. One option that EPA will explore is the hosting of the e-
Manifest system on EPA's Central Data Exchange or CDX, which is EPA's
designated gateway through which environmental information
electronically enters the Agency. CDX is also the point of presence, or
node, through which data are exchanged with the states, tribes, and
other trusted partners. The CDX receives data, authenticates users
securely, transforms the data from submitting organizations, archives
the data, and provides that data to EPA's national systems and to
States though their Exchange Network nodes. The CDX supports data
exchanges with target systems using web services, and it supports a
variety of reporting formats. Before a decision can be made on the e-
Manifest hosting architecture, we will also evaluate non-CDX
alternatives that provide similar services. The provision of e-Manifest
services will require significant availability \28\ as well as 24/7/365
service reliability. The development and implementation of the e-
Manifest system pose novel challenges and opportunities for EPA and the
user community, so we will want to select a hosting environment that
can support all e-Manifest services and provide all necessary technical
support most effectively and reliably.
---------------------------------------------------------------------------

    \28\ EPA and stakeholders will discuss the service availability
metric as a performance requirement as we begin system design
planning. The cost of the system will be influenced by the service
availability metric, and of course, under any such performance
metric, there will need to be maintenance windows provided.
---------------------------------------------------------------------------

C. How will EPA notify users that EPA is ready to implement electronic
manifesting?

    As stated previously, the performance requirements and detailed
technical standards governing the design and operation of the e-
Manifest system will be developed during the procurement action and
system design rather than as a part of this final rule. We plan to
award a contract to a vendor or vendors to develop and operate a
national e-Manifest system that will be accessed through the Agency's
CDX or an alternative hosting portal. After the vendor develops the e-
Manifest system, it first must be evaluated and accredited for
compliance with applicable internal and federal IT policies and
standards on information security and privacy, and tested for
consistent operation with system performance requirements before
beginning its production operation. Therefore, once the evaluation
process is complete, EPA will announce in a separate Federal Register
document that the e-Manifest system is available to supply and process
electronic manifests. This document will also publish the delayed
compliance and implementation date on which e-Manifest services will
commence in all states, the fee schedule for electronic manifest and
paper manifest submissions, and the arrangements for submitting those
paper manifests that remain in use after the announced compliance and
implementation date of e-Manifest.

V. State Implementation and Effective Date

A. Background

    The issue of State Implementation of the electronic manifest
involves two distinct considerations: (1) what are the impacts of RCRA
state program authorization requirements on the authorized states'
ability to implement and enforce the electronic manifest requirements
announced in this final regulation; and (2) what are the impacts of
CROMERR requirements insofar as requiring CROMERR-related authorization
or approval of states' document receiving systems for electronic
reporting. For the latter approval process, for example, CROMERR
provides that where states choose to allow electronic reporting, they
must modify their electronic reporting programs to demonstrate
compliance with CROMERR's performance standards for electronic
reporting programs at 40 CFR 3.2000.
    With respect to the CROMERR authorization of states' electronic
reporting programs, there are no such approval requirements resulting
from this federal regulation. This regulation implements the e-Manifest
Act's mandate calling for the establishment by EPA of a national e-
Manifest system for submitting and transmitting electronic manifests.
With the implementation of this regulation and the national e-Manifest
system, there will be no role for states insofar as establishing their
distinct or alternative electronic manifest reporting systems. States
will collect manifests and data from the national e-Manifest system,
but the entire submission and reporting process that will give rise to
electronic manifest copies of record will occur on the national system.
As there will be no CROMERR related approval requirements for states
resulting from this regulation, the remainder of this section addresses
the RCRA state program authorization requirements resulting from this
regulation.
    In the May 2001 proposed rule, EPA identified as a significant
issue the question of whether RCRA authorized states should be required
to adopt the electronic manifest as a component of their authorized
programs. See 66 FR 28240 at 28299. As EPA explained in the May 2001
proposal, the more precise question was whether program consistency
standards under RCRA section 3006 and our regulation on manifest
program consistency codified at 40 CFR 271.4(a) and (e) required states
to adopt the electronic manifest. Under RCRA section 3006, an
authorized state program must be consistent with the Federal Subtitle C
program and with other authorized state programs. Moreover, as for a
state's manifest requirements, EPA's regulations at Sec.  271.4(a) and
(e) addressing program consistency explain that a state's manifest
system is inconsistent if it does not meet EPA's requirements or if it
unreasonably

impedes the free movement of hazardous waste. With respect to the
electronic manifest, the Agency was concerned in May 2001 that if some
states chose not to adopt the electronic manifest, there could result a
patchwork of states that would accept or not accept electronic
manifests as valid substitutes for the paper forms. The patchwork
effect itself might unduly burden the free movement of waste among the
states or might even frustrate the development and successful
implementation of the electronic manifest by an IT vendor. Id.
    Despite these concerns, EPA tentatively decided in the May 2001
proposed rule not to mandate the adoption by states of the electronic
manifest requirements in authorized state programs. We explained in the
proposal that we believed that there were strong practical and business
influences that would promote the adoption of the electronic manifest
by the states, without a mandate from EPA. Id. However, EPA requested
specific comments on how electronic manifesting should be implemented
among the various authorized states. The Agency further intimated that
it could decide in the final rule to mandate adoption of the electronic
manifest by the authorized states, if the Agency were persuaded that
implementation of the electronic manifest as an elective program
component for states would produce the patchwork effect or other
consistency problems that would unduly burden the free movement of
waste in commerce. Id.
    In addition, the May 2001 proposed rule also noted that the
electronic manifest would not be considered a ``shipping paper'' within
the meaning of DOT's HRM. See 49 CFR 172.205. This interpretation
results in a different outcome for electronic manifests than for the
paper manifest form. With respect to the paper manifest form, the RCRA
manifest form is accepted by DOT as a hazardous materials shipping
paper. As a further result of this interpretation, DOT hazardous
materials law preempts states from requiring the use of different
manifest forms or requiring additional information to be carried with
waste shipments. 49 U.S.C. 5125(b)(1)(C). Further, when EPA and DOT
announced changes to the paper manifest form, such as we announced on
March 4, 2005, we explained that consistency in the use of hazardous
materials shipping papers requires that the revised manifest form must
be implemented in all states on the same effective date. Therefore, the
discussion of consistency in implementation of the electronic manifest
in this final rule requires EPA to decide: (1) whether authorized
states must adopt the electronic manifest to maintain consistent
authorized programs; and (2) whether the electronic manifest must be
implemented in all states on the same effective date and, if so, what
authority EPA is relying upon to support this position.\29\
---------------------------------------------------------------------------

    \29\ EPA's solicitation of comment on this issue was before the
enactment of the e-Manifest Act, which now clearly mandates that the
e-Manifest regulations will take effect in all states on the
effective date specified by EPA's regulation. While this issue was
determined by the statute, we nevertheless believe it is appropriate
to discuss the comments we received on this question and responses
to those comments.
---------------------------------------------------------------------------

B. Comment Analysis

    Among the regulated industry, this issue generated perhaps the
strongest and most consistent response. Industry commenters expressed
the view in no uncertain terms that the electronic manifest would not
succeed unless all states are required to adopt the electronic manifest
requirements as a component of their RCRA authorized state programs.
Several industry and federal facility commenters stated bluntly that
the regulated industry would not make either the capital or manpower
investments needed to support the electronic manifest unless they had
reasonable assurances that electronic manifests would be recognized as
valid in all states. In addition, industry comments supported the view
that without a policy requiring the uniform adoption of the electronic
manifest by the states, there would be serious burdens imposed on the
free movement of waste from a patchwork of states both accepting and
not accepting the validity of electronic manifests. Because of this
possible outcome, one waste management facility suggested in its
comments that EPA use its ``consistency'' rule under 40 CFR 271.4 to
establish in its final rule that authorized state program consistency
requirements must extend to requiring all authorized states to adopt
the electronic manifest in order to maintain their program
authorization.
    Among state agency commenters, there were several strong comments
suggesting that the electronic manifest should not be a mandatory
component of authorized state RCRA programs, at least at the outset of
the electronic manifest program. These comments emphasized that the
states are in varying stages of development in terms of deploying
electronic business in government at the state level. The state
commenters also focused on the start-up costs, training, the demands on
state personnel, and the resources that would be required among the
states to maintain the capability to interact with the e-Manifest
system. In addition, several state agency commenters suggested that EPA
explain in more detail the implications of states not adopting the
electronic manifest requirements. For example, these commenters opined
that the Agency needed to describe the implications and procedures when
waste shipments were hauled from a state that recognized the validity
of electronic manifests to a state that has not adopted the electronic
manifest regulation. In addition, several state commenters requested
that EPA clarify whether the regulated community could begin to use the
electronic manifest before each state has adopted its electronic
manifest regulations.

C. Final Rule Decision

    Because of the critical nature of this issue to the likelihood of
success of an e-Manifest system, the issue of consistent electronic
manifest implementation among the states was addressed by specific
language included in the e-Manifest Act. Under section 2(g)(2) of the
e-Manifest Act, any regulations promulgated by EPA to authorize and
implement the electronic manifest shall take effect in each state as of
the implementation date that EPA specifies by regulation. That uniform
date is not specified in this regulation, but will be announced by EPA
in a separate regulatory document that the Agency will publish prior to
the implementation of the system. Moreover, section 2(g)(3) of the e-
Manifest Act provides that EPA shall carry out the federal electronic
manifest regulations promulgated under the e-Manifest Act in each state
unless the state program is fully authorized to carry out such
regulations in lieu of EPA.
    Therefore, in accordance with the provisions of the e-Manifest Act,
there will be no patchwork effect among the states insofar as their
electing to either adopt or not adopt state regulations adopting the
electronic manifest regulations and recognizing the validity of
electronic manifests. Under the terms of the legislation, the
electronic manifest regulations will be effective in all states and the
system will be implemented federally by EPA in all states on the same
implementation and compliance date until the state programs are fully
authorized for their program revisions adopting the electronic manifest
regulations under state law. These provisions have the effect of
establishing a federal/state

relationship for electronic manifest implementation that is very
similar to the type of relationship that was required by Congress for
the Hazardous and Solid Waste Amendments Act (HSWA) of 1984, which
addressed, among other things, the requirements for corrective action
for hazardous waste releases, and restrictions on the land disposal of
hazardous wastes.
    As EPA promulgated federal regulations addressing the HSWA mandates
for corrective action programs and the land disposal restrictions
(LDRs) during the late 1980's and the early 1990's, these new
requirements were implemented initially in all states by EPA. As the
states became authorized for the HSWA program revisions, implementation
and enforcement responsibility for these program elements shifted to
the RCRA authorized state programs. Thus, we expect a similar federal/
state implementation pattern to develop with respect to the electronic
manifest, with EPA initially implementing and enforcing the electronic
manifest federally in all states, and with the states assuming these
responsibilities as they obtain authorization for their electronic
manifest program revisions. The electronic manifest requirements
imposed under the e-Manifest Act are required to be consistently
implemented in the states under section 2(g)(2) of the e-Manifest Act,
and EPA will implement the federal requirements under section 2(g)(3)
of the e-Manifest Act until the States obtain final authorization for
the e-Manifest regulations that are consistent with the federal
requirements, as required by 40 CFR 271.4(c). Therefore, for state
authorization purposes, the requirements imposed under the e-Manifest
Act supersede any requirements under state law that are less stringent
than EPA's e-Manifest requirements, and they also supersede any
requirements that are non-uniform or inconsistent with EPA's e-Manifest
requirements.
    This policy of consistency with respect to the implementation of
the e-Manifest regulations applies with equal force to the electronic
signatures implemented in accordance with this regulation. EPA is aware
that numerous states have adopted electronic signature laws applicable
to documents signed electronically in the respective states. These
state laws take various forms, with some requiring specific signature
technologies, others imposing performance standards, and others modeled
on the e-Sign Act of 2000.
    EPA has concluded that the electronic signatures that are used in
connection with electronic manifests executed through the national e-
Manifest system require the same consistency in implementation as the
other standards and procedures affecting the creation and use of
electronic manifests. A national system would be unworkable if
different electronic signature methods had to be applied depending on
the requirements imposed by the states that might be generator states
or destination states for different hazardous waste shipments. EPA has
evaluated electronic signatures in this regulation for their compliance
with EPA's electronic signature policy for the CROMERR regulation,
which has as its goal to ensure that electronically signed manifests
have the same legal dependability and validity as the paper manifests
that have been recognized as valid for many years under federal and
state law. Therefore, the electronic signatures adopted for the e-
Manifest shall be implemented consistently in all states on the
implementation and compliance date of the e-Manifest regulation.
    Moreover, the section 2(g) provisions of the e-Manifest Act render
moot the need to clarify how the manifest would work when waste is
hauled between a state that has adopted the electronic manifest and a
state that has not. While states that have not adopted the electronic
manifest regulations will not be able to enforce electronic manifest
regulatory violations under their state laws, the electronic manifest
will be valid and effective in all states regardless of any one state's
adoption and authorization status. As the manifest will be effective in
all states on the same date established by EPA, the regulated community
can begin to use the electronic manifest with confidence after the
start-up date announced by EPA. The implementation and compliance date
for the e-Manifest will be determined and announced in a subsequent
Federal Register document, after EPA has determined that the system,
the states, and user community are ready to transmit and receive
electronic manifests.
    EPA has included new language in 40 CFR 271.3, 271.4, and 271.10 to
codify the provisions of the e-Manifest Act that address the
consistency implications and state authorization requirements for the
electronic manifest. Section 271.3(b) has been amended by adding a new
paragraph (b)(4), which implements section 2(g) of the e-Manifest Act,
by stating that any requirement applicable to the content or use of
electronic manifests, and imposed under the authority of the Hazardous
Waste Electronic Manifest Act: (1) Shall take effect in each state
having a fully authorized state program on the same date as such
requirement takes effect in other states; (2) shall supersede any less
stringent or inconsistent provision of a state program; and (3) shall
be carried out by EPA in an authorized state except where the state has
received final authorization for state program revisions implementing
the electronic manifest requirements under state law.
    Section 271.4(c) has been amended to state explicitly that the
consistency that is required of authorized state hazardous waste
manifest programs extends explicitly to the electronic manifest.
States' authorized programs must allow the use of the electronic
manifest as an option for tracking hazardous waste shipments, and their
regulations must recognize the validity of electronic manifests as
defined in 40 CFR 260.10 of this regulation.
    With respect to 40 CFR 271.10, which addresses state program
requirements for generators, several amendments were made to
accommodate the electronic manifest and ensure consistency in the use
and implementation of the electronic manifest. First, Sec.
271.10(f)(1) has been amended to clarify that the states' manifest
programs must require the use of the paper or electronic manifest
formats as required by Sec.  262.20(a) of this regulation. The revised
language of this paragraph further clarifies that no other manifest
form, electronic format, shipping document, electronic signature
requirement, or information other than that required by federal law may
be required by the state to travel with the shipment, or to be
transmitted electronically, or used with an electronic manifest, as a
means to track the transportation and delivery of hazardous waste
shipments. Second, the text of paragraph (f)(3) of this section has
been amended to provide that state programs must require that all
hazardous waste generators ensure that all wastes offered for
transportation are accompanied by a manifest form or are tracked by an
electronic manifest, except as provided in existing sub-paragraphs
(f)(3)(i) and (f)(3)(ii). Finally, paragraph (h) of Sec.  271.10 was
amended to clarify that just as the states must consistently follow the
federal manifest format for the paper forms (Forms 8700-22 and 8700-
22A) and the instructions for these forms, the states must also follow
the electronic manifest format and instructions to be supplied by EPA's
e-Manifest System.
    EPA is not amending at this time the provisions of Sec.
271.10(h)(2), which currently provide that either the generator state
or the consignment state

to which waste is manifested, or both, may require that paper copies of
the manifest form be submitted directly to the state. As discussed in
section III.K. of this preamble, EPA has determined that at such time
as the e-Manifest system becomes operational, the requirement for
designated facilities to supply paper manifest copies directly to
states will be replaced with a requirement for designated facilities to
submit their paper manifest copies to the e-Manifest System for data
processing, although we would note that states could still require the
collection of generator copies as a component of state programs under
state law. Since the date on which this requirement will become
effective has not yet been determined, and is contingent upon the
readiness of the e-Manifest system and upon EPA's determining how best
to schedule the collection of the facility copies by the System, the
current provisions of paragraph (h)(2) will remain unchanged and
effective until EPA announces the schedule for the receipt of facility
copies and then amends these provisions accordingly.
    In addition, 40 CFR 271.11 is amended to provide new language to
address the consistency requirements for state program requirements
applicable to transporters. Specifically, we are amending Sec.
271.11(c)(1) to clarify that the states' transporter regulations must
require transporters to carry the paper manifest forms or one printed
copy of the electronic manifest during transport, except as provided in
this section for shipments by rail or water. The one printed copy of
the electronic manifest must be carried on the transport vehicle as a
means to inform emergency responders of the shipment contents and
hazards in the event of an incident with the vehicle during transport.
This requirement will remain in place for as long as DOT requires a
paper shipping document to be carried on transport vehicles for access
by emergency responders under 49 CFR 177.817(e).
    EPA is not promulgating at this time any substantive changes to 40
CFR 271.12, dealing with state program requirements for hazardous waste
management facilities. We are eliminating, however, a parenthetical
statement addressing electronic manifests in current Sec.  271.12(h),
which suggests that electronic manifesting would be subject to distinct
requirements in paragraph (i) of Sec.  271.12, rather than the Agency's
electronic reporting requirements of 40 CFR part 3. This language was
added at a time when it was presumed that the electronic manifest would
be a distinct electronic report that operated outside of EPA's
electronic reporting regulations at 40 CFR part 3. Since this
regulation announces that the e-Manifest will be a national system
whose users will be subject to the Part 3 requirements for electronic
reporting to EPA, the parenthetical statement is no longer accurate and
is confusing. Therefore, it has been removed from this section.
    In addition, we are not currently amending Sec.  271.12(i), which
addresses the distribution of signed manifest copies by designated
facilities. As we discussed in section III.K. of this preamble, when
the e-manifest system is ready to be implemented, EPA will announce a
schedule by which facilities will submit a final paper manifest copy to
the e-Manifest system for processing, rather than submit them to
authorized states. At such time as EPA determines its schedule for
making the e-Manifest System available for use and for receiving
facilities' paper copies, we will amend paragraph (h) of Sec.  271.12
to clarify that state programs must provide for the submission of these
facility copies to the e-Manifest System.

VI. The Projected Economic Impacts of the Electronic Manifest

    In attributing any monetary cost and benefits of the final rule,
the Agency had to determine if today's action, which codifies the
statutory requirements authorizing the use of electronic hazardous
waste manifest as a means to track off-site shipments of hazardous
waste, imposes any direct impacts to the government, including state
governments or the regulated community. As such, the Agency determined
that today's rule simply establishes the legal and policy framework for
the national e-Manifest system and does not independently impose or
realize any direct monetary costs or benefits. The e-Manifest option
will only become available when EPA develops and implements this new
electronic system and establishes a program of fees to be imposed upon
users of the e-manifest system. A subsequent rulemaking will establish
the schedule of user fees for the system and announce the date on which
the e-Manifest will be implemented and available to users. A Regulatory
Impact Analysis will accompany that rule, and will analyze the effects
of that rule in conjunction with this e-Manifest rule which establishes
the framework.
    Nevertheless, we would note that in drafting a 2009 Alternatives
Analysis conducted by EPA as part of the capital planning process for
e-Manifest, we determined that the majority of the benefits would
result from a reduction in the administrative costs of using and
processing the paper manifest, including the paper work burden of
completing, carrying, mailing and filing the paper manifest copies, and
the other manual processes involved with scanning manifests or keying
data to and from the paper forms and the data systems that support
industry users and state agencies.
    Using information from the ICR (OMB Control No. 2050-0039, EPA ICR
No. 801.16), EPA determined that the administrative costs are reduced
by 25% as a result of the e-Manifest system. In the 2009 Alternatives
Analysis, we developed cost and savings estimates for a design
alternative that involved mobile devices accessing our web based
national system. For this design alternative, we estimated there to be
two distinct categories of annual manifest administrative costs: (1)
About $109 million in Federal manifest administrative costs, and (2)
about $ 150 million in State manifest administrative costs. We also
included cost estimates of about $23 million per year for the
administrative costs of complying with the RCRA biennial reporting
requirements, as e-Manifest will be developed to integrate with
biennial reporting after initial system implementation. These annual
administrative costs total to about $297 million. When these costs are
factored by the 25% reduction rate estimated for this e-Manifest design
option, the cost savings for e-Manifest amount to $74.2 million per
year.\30\ We estimate that there will be annual administrative burden
hour savings of between 300,000 and 700,000 hours, at the time the e-
Manifest is implemented. While we anticipate significant net savings to
the users once e-Manifest is implemented, we do not have an estimate of
the net savings at this time, because we have not yet conducted the
procurement process for the system and thus cannot determine the system
costs. Therefore, our 2009 analysis supports our testimony to Congress
in June 2012 that e-Manifest cost savings will approximate $75 million
annually. The Agency will present more current and detailed cost and
benefit estimates when we develop the Regulatory Impact Analysis for
the Fee Rule.
---------------------------------------------------------------------------

    \30\ This is likely a conservative estimate, as it does not
include the additional cost savings likely to result from the
greater efficiencies with which existing data systems operated by
industry users and states will be able to exchange data with the e-
Manifest system, relative to manually keying data from paper forms.
---------------------------------------------------------------------------

    We would note that part of the reason for establishing an
electronic tracking system for hazardous waste shipments

is that such tracking can be conducted in a more cost-effective manner,
and thus, we would expect reduced costs and paperwork processing
burdens to the regulated community, as well as to the regulators in the
long run, recognizing that there may be some upfront costs that these
entities may bear. We also expect that there will be more timely access
to manifest data and shipment information, and improved quality to the
data that is shared among users, regulators, and their data management
systems.

VII. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and 13563:
Improving Regulation and Regulatory Review

    This final rule, ``Hazardous Waste Management System; Modification
of the Hazardous Waste Manifest System; Electronic Manifests,''
primarily codifies new statutory provisions that authorize the use of
electronic manifests for tracking hazardous wastes. Under Executive
Order 12866 (58 FR 51735, October 4, 1993), this action is considered a
``significant regulatory action,'' because it may raise novel legal or
policy issues. Accordingly, the EPA submitted this action to OMB for
review under Executive Order 12866 and 13563 (76 FR 3821, January 21,
2011). Any changes made in response to OMB recommendations have been
documented in the docket for this action.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden.
The regulatory changes to the manifest system announced in this Final
Rule do not change the information collected by the hazardous waste
manifest, nor the scope of the wastes that are now subject to
manifesting. The adoption of the electronic manifest changes the manner
in which manifest information will be collected and transmitted.
However, the Office of Management and Budget (OMB) has previously
approved the information collection requirements contained in the
existing regulations for manifest completion, transmittal, and
recordkeeping for hazardous waste generators at 40 CFR part 262,
Subpart B, for hazardous waste transporters at part 263, Subpart B, and
for TSDFs at parts 264 and 265, Subpart E under the provisions of the
Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and has assigned OMB
control number 2050-0039. The OMB control numbers for EPA's regulations
in 40 CFR are listed in 40 CFR part 9.
    This rule merely provides the legal and policy framework for the
electronic tracking of off-site shipments of hazardous waste. The use
of e-Manifests cannot occur until EPA establishes the e-Manifest
system, which the e-Manifest act requires EPA to establish within three
years from the statute's date of enactment. The Act was signed into law
in October 2012, which means that the system for electronic manifesting
of hazardous waste shipments authorized by this rule should be
available by October 2015. EPA is taking action now to meet the
statutory deadline, but unknown variables (e.g., funding contingencies
for e-Manifest system development) could delay the actual deployment of
the system. Therefore, until EPA announces in a subsequent Federal
Register document that the e-Manifest system is available for use,
hazardous waste generators, transporters, and treatment, storage, and
disposal facilities (TSDFs) must continue to comply with the current
paper-based manifest system and use the existing paper manifests forms
(i.e., EPA Forms 8700-22 and 8700-22A) for the off-site transportation
of hazardous waste shipments.

C. Regulatory Flexibility Analysis

    The Regulatory Flexibility Act (RFA), as amended by the Small
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C.
601 et seq., generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the Administrative Procedure Act or any
other statute, unless the agency certifies that the rule will not have
a significant economic impact on a substantial number of small
entities. Small entities include small businesses, small organizations,
and small governmental jurisdictions.
    For purposes of assessing the impacts of today's rule on small
entities, small entity is defined as: (1) A small business as defined
by the Small Business Administration's (SBA) regulations at 13 CFR
121.201; (2) a small governmental jurisdiction that is a government of
a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field.
    After considering the economic impacts of this final rule on small
entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. This rule
does not change existing requirements for manifesting hazardous waste
shipments. It merely authorizes the use of electronic manifests at such
time as the system to receive them is built and operational. Small
generators of hazardous waste will either participate in the electronic
manifest through the involvement of the transporters or facilities that
service their wastes, or, they will continue to use paper manifests.
Likewise, small transporters or small treatment, storage, or disposal
facilities may elect to continue to use paper manifests, although there
could be competitive pressure on those small transporters or facilities
that continue to supply paper manifest to their customers.

D. Unfunded Mandates Reform Act

    This action contains no Federal mandates under the provisions of
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C.
1531-1538 for State, local, or tribal governments or the private
sector. Today's rule, however, does require RCRA authorized state
programs to recognize the electronic documents that can be completed
and submitted electronically under today's final rule as the authorized
substitute for the current paper forms (i.e., EPA Form 8700-22
(Manifest) and EPA Form 8700-22A (Continuation Sheet)). Thus,
authorized states that currently use information systems to track
manifest data will need to modify their information systems in order to
receive specific electronic manifest data from the national e-Manifest
system.

E. Executive Order 13132: Federalism

    This final rule does not have federalism implications. It will not
have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. Thus, Executive Order 13132 does
not apply to this rule.

F. Executive Order 13175: Consultation With Tribal Governments

    This final rule does not have tribal implications, as specified in
Executive Order 13175. It does not impose any new requirements on
tribal officials nor does it impose substantial direct compliance costs
on them. This rule does not create a mandate for tribal governments,
nor does it impose any enforceable duties on these entities. Thus,
Executive Order 13175 does not apply to this rule.

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

    EPA interprets EO 13045 (62 FR 19885, April 23, 1997) as applying
only to those regulatory actions that concern health or safety risks,
such that the analysis required under section 5-501 of the EO has the
potential to influence the regulation. This action is not subject to EO
13045 because it does not present environmental health and safety risks
or impacts to children, and because it does not affect the level of
protection provided to human health or the environment. Today's rule
still requires that hazardous waste be subject to the manifest
requirement, although it could be in electronic format or paper format.

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

    This rule is not a ``significant energy action'' as defined in
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001) because it is not likely to have a significant
adverse effect on the supply, distribution, or use of energy.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, 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
final rule does not involve technical standards. Therefore, EPA is not
considering the use of any voluntary consensus standards.

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

    Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
    EPA has determined that this final rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment, and because it still requires that hazardous waste be
subject to the manifest requirement, although it could be in electronic
format or paper format.

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 August 6, 2014.

List of Subjects

40 CFR Part 260

    Environmental protection, Exports, Hazardous materials
transportation, Hazardous waste, Imports, Labeling, Packaging and
containers, Reporting and recordkeeping requirements.

40 CFR Part 262

    Environmental protection, Electronic reporting requirements,
Exports, Hazardous materials transportation, Hazardous waste, Imports,
Labeling, Packaging and containers, Reporting and recordkeeping
requirements.

40 CFR Part 263

    Environmental protection, Electronic reporting requirements,
Hazardous materials transportation, Hazardous waste.

40 CFR Part 264

    Environmental protection, Electronic reporting requirements,
Hazardous waste, Packaging and containers, Reporting and recordkeeping
requirements, Security measures.

40 CFR Part 265

    Environmental protection, Electronic reporting requirements,
Hazardous waste, Packaging and containers, Reporting and recordkeeping
requirements.

40 CFR Part 271

    Environmental protection, Administrative practice and procedure,
Confidential business information, Electronic reporting requirements,
Hazardous materials transportation, Hazardous waste, Reporting and
recordkeeping requirements.

    Dated: January 13, 2014.
Gina McCarthy,
Administrator.
    For the reasons stated in the preamble, title 40, Chapter I of the
Code of Federal Regulations is amended as follows:

PART 260--HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL

0
1. The authority citation for part 260 continues to read as follows:

    Authority: 42 U.S.C. 6905, 6912(a), 6921--27, 6930, 6934, 6935,
6937, 6938, 6939, and 6974.

Subpart A--General

0
2. Section 260.2 is revised to read as follows:

Sec.  260.2  Availability of information; confidentiality of
information.

    (a) Any information provided to EPA under parts 260 through 266 and
268 of this chapter will be made available to the public to the extent
and in the manner authorized by the Freedom of Information Act, 5
U.S.C. section 552, section 3007(b) of RCRA and EPA regulations
implementing the Freedom of Information Act and section 3007(b), and
part 2 of this chapter, as applicable.
    (b) Except as provided under paragraph (c) of this section, any
person who submits information to EPA in accordance with parts 260
through 266 and 268 of this chapter may assert a claim of business
confidentiality covering part or all of that information by following
the procedures set forth in Sec.  2.203(b) of this chapter. Information
covered by such a claim will be disclosed by EPA only to the extent,
and by means of the procedures, set forth in part 2, Subpart B, of this
chapter except that information required by Sec.  262.53(a) and Sec.
262.83 that is submitted in a notification of intent to export a
hazardous waste will be provided to the

U.S. Department of State and the appropriate authorities in the transit
and receiving or importing countries regardless of any claims of
confidentiality. However, if no such claim accompanies the information
when it is received by EPA, it may be made available to the public
without further notice to the person submitting it.
    (c)(1) After August 6, 2014, no claim of business confidentiality
may be asserted by any person with respect to information entered on a
Hazardous Waste Manifest (EPA Form 8700-22), a Hazardous Waste Manifest
Continuation Sheet (EPA Form 8700-22A), or an electronic manifest
format that may be prepared and used in accordance with Sec.
262.20(a)(3) of this chapter.
    (2) EPA will make any electronic manifest that is prepared and used
in accordance with Sec.  262.20(a)(3), or any paper manifest that is
submitted to the system under Sec. Sec.  264.71(a)(6) or 265.71(a)(6)
of this chapter available to the public under this section when the
electronic or paper manifest is a complete and final document.
Electronic manifests and paper manifests submitted to the system are
considered by EPA to be complete and final documents and publicly
available information after 90 days have passed since the delivery to
the designated facility of the hazardous waste shipment identified in
the manifest.

Subpart B--Definitions

0
3. Section 260.10 is amended by revising the definition of ``manifest''
and adding in alphabetical order the definitions of ``electronic
manifest,'' ``electronic manifest system,'' and ``user of the
electronic manifest'' to read as follows:

Sec.  260.10  Definitions.

* * * * *
    Electronic manifest (or e-Manifest) means the electronic format of
the hazardous waste manifest that is obtained from EPA's national e-
Manifest system and transmitted electronically to the system, and that
is the legal equivalent of EPA Forms 8700-22 (Manifest) and 8700-22A
(Continuation Sheet).
    Electronic Manifest System (or e-Manifest System) means EPA's
national information technology system through which the electronic
manifest may be obtained, completed, transmitted, and distributed to
users of the electronic manifest and to regulatory agencies.
* * * * *
    Manifest means the shipping document EPA Form 8700-22 (including,
if necessary, EPA Form 8700-22A), or the electronic manifest,
originated and signed in accordance with the applicable requirements of
parts 262 through 265 of this chapter.
* * * * *
    User of the electronic manifest system means a hazardous waste
generator, a hazardous waste transporter, an owner or operator of a
hazardous waste treatment, storage, recycling, or disposal facility, or
any other person that:
    (1) Is required to use a manifest to comply with:
    (i) Any federal or state requirement to track the shipment,
transportation, and receipt of hazardous waste or other waste material
that is shipped from the site of generation to an off-site designated
facility for treatment, storage, recycling, or disposal; or
    (ii) Any federal or state requirement to track the shipment,
transportation, and receipt of rejected wastes or regulated container
residues that are shipped from a designated facility to an alternative
facility, or returned to the generator; and
    (2) Elects to use the system to obtain, complete and transmit an
electronic manifest format supplied by the EPA electronic manifest
system, or
    (3) Elects to use the paper manifest form and submits to the system
for data processing purposes a paper copy of the manifest (or data from
such a paper copy), in accordance with Sec.  264.71(a)(2)(v) or Sec.
265.71(a)(2)(v) of this chapter. These paper copies are submitted for
data exchange purposes only and are not the official copies of record
for legal purposes.
* * * * *

PART 262--STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE

0
4. The authority citation for part 262 continues to read as follows:

    Authority:  42 U.S.C. 6906, 6912, 6922--6925, 6937, and 6938.

0
5. In Sec.  262.20, add paragraph (a)(3) to read as follows:

Sec.  262.20  General requirements.

* * * * *
    (a) * * *
    (3) Electronic manifest. In lieu of using the manifest form
specified in paragraph (a)(1) of this section, a person required to
prepare a manifest under paragraph (a)(1) of this section may prepare
and use an electronic manifest, provided that the person:
    (i) Complies with the requirements in Sec.  262.24 for use of
electronic manifests, and
    (ii) Complies with the requirements of 40 CFR 3.10 for the
reporting of electronic documents to EPA.
* * * * *

0
6. Add Sec. Sec.  262.24 and 262.25 to subpart B to read as follows:

Sec.  262.24  Use of the electronic manifest.

    (a) Legal equivalence to paper manifests. Electronic manifests that
are obtained, completed, and transmitted in accordance with Sec.
262.20(a)(3), and used in accordance with this section in lieu of EPA
Forms 8700-22 and 8700-22A are the legal equivalent of paper manifest
forms bearing handwritten signatures, and satisfy for all purposes any
requirement in these regulations to obtain, complete, sign, provide,
use, or retain a manifest.
    (1) Any requirement in these regulations to sign a manifest or
manifest certification by hand, or to obtain a handwritten signature,
is satisfied by signing with or obtaining a valid and enforceable
electronic signature within the meaning of 262.25.
    (2) Any requirement in these regulations to give, provide, send,
forward, or return to another person a copy of the manifest is
satisfied when an electronic manifest is transmitted to the other
person by submission to the system.
    (3) Any requirement in these regulations for a generator to keep or
retain a copy of each manifest is satisfied by retention of a signed
electronic manifest in the generator's account on the national e-
Manifest system, provided that such copies are readily available for
viewing and production if requested by any EPA or authorized state
inspector.
    (4) No generator may be held liable for the inability to produce an
electronic manifest for inspection under this section if the generator
can demonstrate that the inability to produce the electronic manifest
is due exclusively to a technical difficulty with the electronic
manifest system for which the generator bears no responsibility.
    (b) A generator may participate in the electronic manifest system
either by accessing the electronic manifest system from its own
electronic equipment, or by accessing the electronic manifest system
from portable equipment brought to the generator's site by the
transporter who accepts the hazardous waste shipment from the generator
for off-site transportation.
    (c) Restriction on use of electronic manifests. A generator may
prepare an electronic manifest for the tracking of hazardous waste
shipments involving any RCRA hazardous waste only if it is

known at the time the manifest is originated that all waste handlers
named on the manifest participate in the electronic manifest system.
    (d) Requirement for one printed copy. To the extent the Hazardous
Materials regulation on shipping papers for carriage by public highway
requires shippers of hazardous materials to supply a paper document for
compliance with 49 CFR 177.817, a generator originating an electronic
manifest must also provide the initial transporter with one printed
copy of the electronic manifest.
    (e) Special procedures when electronic manifest is unavailable. If
a generator has prepared an electronic manifest for a hazardous waste
shipment, but the electronic manifest system becomes unavailable for
any reason prior to the time that the initial transporter has signed
electronically to acknowledge the receipt of the hazardous waste from
the generator, then the generator must obtain and complete a paper
manifest and if necessary, a continuation sheet (EPA Forms 8700-22 and
8700-22A) in accordance with the manifest instructions in the appendix
to this part, and use these paper forms from this point forward in
accordance with the requirements of Sec.  262.23.
    (f) Special procedures for electronic signature methods undergoing
tests. If a generator has prepared an electronic manifest for a
hazardous waste shipment, and signs this manifest electronically using
an electronic signature method which is undergoing pilot or
demonstration tests aimed at demonstrating the practicality or legal
dependability of the signature method, then the generator shall also
sign with an ink signature the generator/offeror certification on the
printed copy of the manifest provided under paragraph (d) of this
section.
    (g) Imposition of user fee. A generator who is a user of the
electronic manifest may be assessed a user fee by EPA for the
origination of each electronic manifest. EPA shall maintain and update
from time-to-time the current schedule of electronic manifest user
fees, which shall be determined based on current and projected system
costs and level of use of the electronic manifest system. The current
schedule of electronic manifest user fees shall be published as an
appendix to this part.

Sec.  262.25  Electronic manifest signatures.

    Electronic signature methods for the e-Manifest system shall:
    (a) Be a legally valid and enforceable signature under applicable
EPA and other Federal requirements pertaining to electronic signatures;
and
    (b) Be a method that is designed and implemented in a manner that
EPA considers to be as cost-effective and practical as possible for the
users of the manifest.

PART 263--STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE

0
7. The authority citation for part 263 continues to read as follows:

    Authority:  42 U.S.C. 6906, 6912, 6922-6925, 6937, and 6938.

0
8. Section 263.20 is amended by revising paragraph (a) to read as
follows:

Sec.  263.20  The manifest system.

    (a)(1) Manifest requirement. A transporter may not accept hazardous
waste from a generator unless the transporter is also provided with a
manifest form (EPA Form 8700-22, and if necessary, EPA Form 8700-22A)
signed in accordance with the requirement of Sec.  262.23, or is
provided with an electronic manifest that is obtained, completed, and
transmitted in accordance with Sec.  262.20(a)(3) of this chapter, and
signed with a valid and enforceable electronic signature as described
in 40 CFR 262.25.
    (2) Exports. In the case of exports other than those subject to
Subpart H of 40 CFR part 262, a transporter may not accept such waste
from a primary exporter or other person if he knows the shipment does
not conform to the EPA Acknowledgment of Consent; and unless, in
addition to a manifest signed by the generator in accordance with this
section, the transporter shall also be provided with an EPA
Acknowledgment of Consent which, except for shipments by rail, is
attached to the manifest (or shipping paper for exports by water (bulk
shipment)). For exports of hazardous waste subject to the requirements
of subpart H of 40 CFR part 262, a transporter may not accept hazardous
waste without a tracking document that includes all information
required by 40 CFR 262.84.
    (3) Compliance date for form revisions. The revised Manifest form
and procedures in 40 CFR 260.10, 261.7, 263.20, and 263.21, had an
effective date of September 5, 2006. The Manifest form and procedures
in 40 CFR 260.10, 261.7, 263.20, and 263.21, contained in the 40 CFR,
parts 260 to 265, edition revised as of July 1, 2004, were applicable
until September 5, 2006.
    (4) Use of electronic manifest--legal equivalence to paper forms
for participating transporters. Electronic manifests that are obtained,
completed, and transmitted in accordance with Sec.  262.20(a)(3) of
this chapter, and used in accordance with this section in lieu of EPA
Forms 8700-22 and 8700-22A, are the legal equivalent of paper manifest
forms bearing handwritten signatures, and satisfy for all purposes any
requirement in these regulations to obtain, complete, sign, carry,
provide, give, use, or retain a manifest.
    (i) Any requirement in these regulations to sign a manifest or
manifest certification by hand, or to obtain a handwritten signature,
is satisfied by signing with or obtaining a valid and enforceable
electronic signature within the meaning of 40 CFR 262.25.
    (ii) Any requirement in these regulations to give, provide, send,
forward, or return to another person a copy of the manifest is
satisfied when a copy of an electronic manifest is transmitted to the
other person by submission to the system.
    (iii) Any requirement in these regulations for a manifest to
accompany a hazardous waste shipment is satisfied when a copy of an
electronic manifest is accessible during transportation and forwarded
to the person or persons who are scheduled to receive delivery of the
waste shipment, except that to the extent that the Hazardous Materials
regulation on shipping papers for carriage by public highway requires
transporters of hazardous materials to carry a paper document to comply
with 49 CFR 177.817, a hazardous waste transporter must carry one
printed copy of the electronic manifest on the transport vehicle.
    (iv) Any requirement in these regulations for a transporter to keep
or retain a copy of a manifest is satisfied by the retention of an
electronic manifest in the transporter's account on the e-Manifest
system, provided that such copies are readily available for viewing and
production if requested by any EPA or authorized state inspector.
    (v) No transporter may be held liable for the inability to produce
an electronic manifest for inspection under this section if that
transporter can demonstrate that the inability to produce the
electronic manifest is exclusively due to a technical difficulty with
the EPA system for which the transporter bears no responsibility.
    (5) A transporter may participate in the electronic manifest system
either by accessing the electronic manifest system from the
transporter's own electronic equipment, or by accessing the electronic
manifest system from the equipment provided by a participating
generator, by another transporter, or by a designated facility.

    (6) Special procedures when electronic manifest is not available.
If after a manifest has been originated electronically and signed
electronically by the initial transporter, and the electronic manifest
system should become unavailable for any reason, then:
    (i) The transporter in possession of the hazardous waste when the
electronic manifest becomes unavailable shall reproduce sufficient
copies of the printed manifest that is carried on the transport vehicle
pursuant to paragraph (a)(4)(iii)(A) of this section, or obtain and
complete another paper manifest for this purpose. The transporter shall
reproduce sufficient copies to provide the transporter and all
subsequent waste handlers with a copy for their files, plus two
additional copies that will be delivered to the designated facility
with the hazardous waste.
    (ii) On each printed copy, the transporter shall include a notation
in the Special Handling and Additional Description space (Item 14) that
the paper manifest is a replacement manifest for a manifest originated
in the electronic manifest system, shall include (if not pre-printed on
the replacement manifest) the manifest tracking number of the
electronic manifest that is replaced by the paper manifest, and shall
also include a brief explanation why the electronic manifest was not
available for completing the tracking of the shipment electronically.
    (iii) A transporter signing a replacement manifest to acknowledge
receipt of the hazardous waste must ensure that each paper copy is
individually signed and that a legible handwritten signature appears on
each copy.
    (iv) From the point at which the electronic manifest is no longer
available for tracking the waste shipment, the paper replacement
manifest copies shall be carried, signed, retained as records, and
given to a subsequent transporter or to the designated facility,
following the instructions, procedures, and requirements that apply to
the use of all other paper manifests.
    (7) Special procedures for electronic signature methods undergoing
tests. If a transporter using an electronic manifest signs this
manifest electronically using an electronic signature method which is
undergoing pilot or demonstration tests aimed at demonstrating the
practicality or legal dependability of the signature method, then the
transporter shall sign the electronic manifest electronically and also
sign with an ink signature the transporter acknowledgement of receipt
of materials on the printed copy of the manifest that is carried on the
vehicle in accordance with paragraph (a)(4)(iii)(A) of this section.
This printed copy bearing the generator's and transporter's ink
signatures shall also be presented by the transporter to the designated
facility to sign in ink to indicate the receipt of the waste materials
or to indicate discrepancies. After the owner/operator of the
designated facility has signed this printed manifest copy with its ink
signature, the printed manifest copy shall be delivered to the
designated facility with the waste materials.
    (8) Imposition of user fee for electronic manifest use. A
transporter who is a user of the electronic manifest may be assessed a
user fee by EPA for the origination or processing of each electronic
manifest. EPA shall maintain and update from time-to-time the current
schedule of electronic manifest user fees, which shall be determined
based on current and projected system costs and level of use of the
electronic manifest system. The current schedule of electronic manifest
user fees shall be published as an appendix to part 262 of this
Chapter.
* * * * *

0
9. Add Sec.  263.25 to subpart B to read as follows:

Sec.  263.25  Electronic manifest signatures.

    (a) Electronic manifest signatures shall meet the criteria
described in Sec.  262.25 of this chapter.
    (b) [Reserved]

PART 264--STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE
TREATMENT, STORAGE, AND DISPOSAL FACILITIES

0
10. The authority citation for part 264 continues to read as follows:

    Authority: 42 U.S.C. 6905, 6912(a), 6924, and 6925.

Subpart E--Manifest System, Recordkeeping, and Reporting

0
11. Section 264.71 is amended by revising paragraph (a)(2), and by
adding paragraphs (f), (g), (h), (i), (j), and (k) to read as follows:

264.71  Use of manifest system.

    (a) * * *
    (2) If the facility receives a hazardous waste shipment accompanied
by a manifest, the owner, operator, or his agent must:
    (i) Sign and date, by hand, each copy of the manifest;
    (ii) Note any discrepancies (as defined in Sec.  264.72(a)) on each
copy of the manifest;
    (iii) Immediately give the transporter at least one copy of the
manifest;
    (iv) Within 30 days of delivery, send a copy (Page 3) of the
manifest to the generator,
    (v) Within 30 days of delivery, send the top copy (Page 1) of the
Manifest to the e-Manifest system for purposes of data entry and
processing. In lieu of mailing this paper copy to EPA, the owner or
operator may transmit to the EPA system an image file of Page 1 of the
manifest, or both a data string file and the image file corresponding
to Page 1 of the manifest. Any data or image files transmitted to EPA
under this paragraph must be submitted in data file and image file
formats that are acceptable to EPA and that are supported by EPA's
electronic reporting requirements and by the electronic manifest
system.
    (vi) Retain at the facility a copy of each manifest for at least
three years from the date of delivery.
* * * * *
    (f) Legal equivalence to paper manifests. Electronic manifests that
are obtained, completed, and transmitted in accordance with Sec.
262.20(a)(3) of this chapter, and used in accordance with this section
in lieu of the paper manifest form are the legal equivalent of paper
manifest forms bearing handwritten signatures, and satisfy for all
purposes any requirement in these regulations to obtain, complete,
sign, provide, use, or retain a manifest.
    (1) Any requirement in these regulations for the owner or operator
of a facility to sign a manifest or manifest certification by hand, or
to obtain a handwritten signature, is satisfied by signing with or
obtaining a valid and enforceable electronic signature within the
meaning of 40 CFR 262.25.
    (2) Any requirement in these regulations to give, provide, send,
forward, or to return to another person a copy of the manifest is
satisfied when a copy of an electronic manifest is transmitted to the
other person.
    (3) Any requirement in these regulations for a manifest to
accompany a hazardous waste shipment is satisfied when a copy of an
electronic manifest is accessible during transportation and forwarded
to the person or persons who are scheduled to receive delivery of the
waste shipment.
    (4) Any requirement in these regulations for an owner or operator
to keep or retain a copy of each manifest is satisfied by the retention
of the facility's electronic manifest copies in its account on the e-
Manifest system, provided that such copies are readily available for
viewing and production if

requested by any EPA or authorized state inspector.
    (5) No owner or operator may be held liable for the inability to
produce an electronic manifest for inspection under this section if the
owner or operator can demonstrate that the inability to produce the
electronic manifest is due exclusively to a technical difficulty with
the electronic manifest system for which the owner or operator bears no
responsibility.
    (g) An owner or operator may participate in the electronic manifest
system either by accessing the electronic manifest system from the
owner's or operator's electronic equipment, or by accessing the
electronic manifest system from portable equipment brought to the
owner's or operator's site by the transporter who delivers the waste
shipment to the facility.
    (h) Special procedures applicable to replacement manifests. If a
facility receives hazardous waste that is accompanied by a paper
replacement manifest for a manifest that was originated electronically,
the following procedures apply to the delivery of the hazardous waste
by the final transporter:
    (1) Upon delivery of the hazardous waste to the designated
facility, the owner or operator must sign and date each copy of the
paper replacement manifest by hand in Item 20 (Designated Facility
Certification of Receipt) and note any discrepancies in Item 18
(Discrepancy Indication Space) of the paper replacement manifest,
    (2) The owner or operator of the facility must give back to the
final transporter one copy of the paper replacement manifest,
    (3) Within 30 days of delivery of the waste to the designated
facility, the owner or operator of the facility must send one signed
and dated copy of the paper replacement manifest to the generator, and
send an additional signed and dated copy of the paper replacement
manifest to the electronic manifest system, and
    (4) The owner or operator of the facility must retain at the
facility one copy of the paper replacement manifest for at least three
years from the date of delivery.
    (i) Special procedures applicable to electronic signature methods
undergoing tests. If an owner or operator using an electronic manifest
signs this manifest electronically using an electronic signature method
which is undergoing pilot or demonstration tests aimed at demonstrating
the practicality or legal dependability of the signature method, then
the owner or operator shall also sign with an ink signature the
facility's certification of receipt or discrepancies on the printed
copy of the manifest provided by the transporter. Upon executing its
ink signature on this printed copy, the owner or operator shall retain
this original copy among its records for at least 3 years from the date
of delivery of the waste.
    (j) Imposition of user fee for electronic manifest use. An owner or
operator who is a user of the electronic manifest format may be
assessed a user fee by EPA for the origination or processing of each
electronic manifest. An owner or operator may also be assessed a user
fee by EPA for the collection and processing of paper manifest copies
that owners or operators must submit to the electronic manifest system
operator under Sec.  264.71(a)(2)(v). EPA shall maintain and update
from time-to-time the current schedule of electronic manifest system
user fees, which shall be determined based on current and projected
system costs and level of use of the electronic manifest system. The
current schedule of electronic manifest user fees shall be published as
an appendix to part 262 of this chapter.
    (k) Electronic manifest signatures. Electronic manifest signatures
shall meet the criteria described in Sec.  262.25 of this chapter.

PART 265--INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF
HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES

0
12. The authority citation for part 265 continues to read as follows:

    Authority: 42 U.S.C. 6905, 6906, 6912, 6922, 6923, 6924, 6925,
6935, 6936, and 6937.

Subpart E--Manifest System, Recordkeeping, and Reporting

0
13. Section 265.71 is amended by revising paragraph (a)(2), and by
adding paragraphs (f), (g), (h), (i), (j), and (k) to read as follows:

Sec.  265.71  Use of manifest system.

* * * * *
    (a) * * *
    (2) If the facility receives a hazardous waste shipment accompanied
by a manifest, the owner, operator, or his agent must:
    (i) Sign and date, by hand, each copy of the manifest;
    (ii) Note any discrepancies (as defined in Sec.  264.72(a) of this
chapter) on each copy of the manifest;
    (iii) Immediately give the transporter at least one copy of the
manifest;
    (iv)Within 30 days of delivery, send a copy (Page 3) of the
manifest to the generator,
    (v) Within 30 days of delivery, send the top copy (Page 1) of the
Manifest to the electronic manifest system for purposes of data entry
and processing. In lieu of mailing this paper copy to the electronic
manifest system operator, the owner or operator may transmit to the
system operator an image file of Page 1 of the manifest, or both a data
string file and the image file corresponding to Page 1 of the manifest.
Any data or image files transmitted to EPA under this paragraph must be
submitted in data file and image file formats that are acceptable to
EPA and that are supported by EPA's electronic reporting requirements
and by the electronic manifest system.
    (vi) Retain at the facility a copy of each manifest for at least
three years from the date of delivery.
* * * * *
    (f) Legal equivalence to paper manifests. Electronic manifests that
are obtained, completed, and transmitted in accordance with Sec.
262.20(a)(3) of this chapter, and used in accordance with this section
in lieu of the paper manifest form are the legal equivalent of paper
manifest forms bearing handwritten signatures, and satisfy for all
purposes any requirement in these regulations to obtain, complete,
sign, provide, use, or retain a manifest.
    (1) Any requirement in these regulations for the owner or operator
of a facility to sign a manifest or manifest certification by hand, or
to obtain a handwritten signature, is satisfied by signing with or
obtaining a valid and enforceable electronic signature within the
meaning of 40 CFR 262.25.
    (2) Any requirement in these regulations to give, provide, send,
forward, or to return to another person a copy of the manifest is
satisfied when a copy of an electronic manifest is transmitted to the
other person.
    (3) Any requirement in these regulations for a manifest to
accompany a hazardous waste shipment is satisfied when a copy of an
electronic manifest is accessible during transportation and forwarded
to the person or persons who are scheduled to receive delivery of the
hazardous waste shipment.
    (4) Any requirement in these regulations for an owner or operator
to keep or retain a copy of each manifest is satisfied by the retention
of the facility's electronic manifest copies in its account on the e-
Manifest system, provided that such copies are readily available for
viewing and production if requested by any EPA or authorized state
inspector.

    (5) No owner or operator may be held liable for the inability to
produce an electronic manifest for inspection under this section if the
owner or operator can demonstrate that the inability to produce the
electronic manifest is due exclusively to a technical difficulty with
the EPA system for which the owner or operator bears no responsibility.
    (g) An owner or operator may participate in the electronic manifest
system either by accessing the electronic manifest system from the
owner's or operator's electronic equipment, or by accessing the
electronic manifest system from portable equipment brought to the
owner's or operator's site by the transporter who delivers the waste
shipment to the facility.
    (h) Special procedures applicable to replacement manifests. If a
facility receives hazardous waste that is accompanied by a paper
replacement manifest for a manifest that was originated electronically,
the following procedures apply to the delivery of the hazardous waste
by the final transporter:
    (1) Upon delivery of the hazardous waste to the designated
facility, the owner or operator must sign and date each copy of the
paper replacement manifest by hand in Item 20 (Designated Facility
Certification of Receipt) and note any discrepancies in Item 18
(Discrepancy Indication Space) of the replacement manifest,
    (2) The owner or operator of the facility must give back to the
final transporter one copy of the paper replacement manifest,
    (3) Within 30 days of delivery of the hazardous waste to the
designated facility, the owner or operator of the facility must send
one signed and dated copy of the paper replacement manifest to the
generator, and send an additional signed and dated copy of the paper
replacement manifest to the EPA e-Manifest system, and
    (4) The owner or operator of the facility must retain at the
facility one copy of the paper replacement manifest for at least three
years from the date of delivery.
    (i) Special procedures applicable to electronic signature methods
undergoing tests. If an owner or operator using an electronic manifest
signs this manifest electronically using an electronic signature method
which is undergoing pilot or demonstration tests aimed at demonstrating
the practicality or legal dependability of the signature method, then
the owner or operator shall also sign with an ink signature the
facility's certification of receipt or discrepancies on the printed
copy of the manifest provided by the transporter. Upon executing its
ink signature on this printed copy, the owner or operator shall retain
this original copy among its records for at least 3 years from the date
of delivery of the waste.
    (j) Imposition of user fee for electronic manifest use. An owner or
operator who is a user of the electronic manifest format may be
assessed a user fee by EPA for the origination or processing of each
electronic manifest. An owner or operator may also be assessed a user
fee by EPA for the collection and processing of paper manifest copies
that owners or operators must submit to the electronic manifest system
operator under Sec.  265.71(a)(2)(v). EPA shall maintain and update
from time-to-time the current schedule of electronic manifest system
user fees, which shall be determined based on current and projected
system costs and level of use of the electronic manifest system. The
current schedule of electronic manifest user fees shall be published as
an appendix to part 262 of this chapter.
    (k) Electronic manifest signatures. (1) Electronic manifest
signatures shall meet the criteria described in Sec.  262.25 of this
chapter.

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

0
14. The authority citation for part 271 continues to read as follows:

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

Subpart A--Requirements for Final Authorization

0
15. Section 271.3 is amended by revising paragraph (b) introductory
text, and adding paragraph (b)(4) to read as follows:

Sec.  271.3  Availability of final authorization.

* * * * *
    (b) States approved under this subpart are authorized to administer
and enforce their hazardous waste program in lieu of the Federal
program, except as provided below:
* * * * *
    (4) Any requirement applicable to the content or use of electronic
manifests, including electronic signature requirements, and imposed
under the authority of the Hazardous Waste Electronic Manifest
Establishment Act:
    (i) Shall take effect in each State having a finally authorized
State program on the same date as such requirement takes effect in
other States;
    (ii) Shall supersede any less stringent or inconsistent provision
of a State program, and
    (iii) Shall be carried out by the Administrator in an authorized
state except where, pursuant to section 3006(b) of RCRA, the State has
received final authorization to carry out the requirement in lieu of
the Administrator.
* * * * *

0
16. Section 271.4 is amended by revising paragraph (c) to read as
follows:

Sec.  271.4  Consistency.

* * * * *
    (c) If the state manifest system does not meet the requirements of
this part, the state program shall be deemed inconsistent. The state
manifest system must further allow the use and recognize the validity
of electronic manifests as described in Sec.  260.10 of this chapter.

0
17. Section 271.10 is amended by revising paragraphs (f)(1), (f)(3),
and the introductory text to paragraph (h) to read as follows:

Sec.  271.10  Requirements for generators of hazardous waste.

* * * * *
    (f) * * *
    (1) Use a manifest system that ensures that interstate and
intrastate shipments of hazardous waste are designated for delivery
and, in the case of intrastate shipments, are delivered to facilities
that are authorized to operate under an approved state program or the
federal program. The manifest system must require the use of the paper
or electronic manifest formats as required by Sec.  262.20(a) of this
chapter. No other manifest form, electronic manifest format, shipping
paper, or information other than that required by federal requirements,
may be required by the state to travel with the shipment, or to be
transmitted electronically, as a means to track the transportation and
delivery of hazardous waste shipments. No other electronic signature
other than that required by the federal electronic manifest
requirements may be required by a state to be executed in connection
with the signing of an electronic manifest.
* * * * *
    (3) Ensure that all wastes offered for transportation are
accompanied by a manifest form, or are tracked with an electronic
manifest, except:
    (i) Shipments subject to 40 CFR 262.20(e) or (f);
    (ii) Shipments by rail or water, as specified in 40 CFR 262.23(c)
and (d).
* * * * *
    (h) The state must follow the federal manifest format for the paper
manifest forms (EPA Forms 8700-22 and 8700-

22A) and the instructions in the appendix to part 262, and must follow
the federal electronic manifest format and instructions as obtained
from the Electronic Manifest System described in Sec.  260.10 of this
chapter.
* * * * *

0
18. Section 271.11 is amended by revising paragraph (c)(1) to read as
follows:

Sec.  271.11  Requirements for transporters of hazardous wastes.

* * * * *
    (c)(1) The state must require the transporter to carry the manifest
forms (EPA Forms 8700-22 and 8700-22A) during transport, or, where the
electronic manifest is used and the U. S. Department of
Transportation's Hazardous Materials Regulations, 49 CFR parts 171-180,
require a paper shipping document on the transport vehicle, to carry
one printed copy of the electronic manifest during transport, except in
the case of shipments by rail or water, for which transporters may
carry a shipping paper as specified in 40 CFR 263.20(e) and (f).
* * * * *

[FR Doc. 2014-01352 Filed 2-6-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 186 (Monday, September 26, 2016)]
[Notices]
[Pages 66006-66007]
[FR Doc No: 2016-23024]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Docket No. ER16-2602-000

4C Aquisition, LLC; Supplemental Notice That Initial Market-Based
Rate Filing Includes Request for Blanket Section 204 Authorization

    This is a supplemental notice in the above-referenced proceeding of
4C Aquisition, LLC's application for market-based rate authority, with
an accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is October 11, 2016.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling

link to log on and submit the intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the Web site that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: September 19, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-23024 Filed 9-23-16; 8:45 am]
 BILLING CODE 6717-01-P