requirements in 40 CFR 745.85(a). Two comments were received on this
proposed clarification, both commenters expressed support for the
change.
    10. Grandfathering. Under the final 2008 RRP rule, individuals who
successfully completed an accredited abatement worker or supervisor
course, and individuals who successfully completed the HUD, EPA, or the
joint EPA/HUD model renovation training courses may take an accredited
refresher renovation training course in lieu of the initial renovation
training to become a certified renovator. In addition, individuals who
have successfully completed an accredited lead-based paint inspector or
risk assessor course, but are not currently certified in the
discipline, may take an accredited refresher dust sampling technician
course in lieu of the initial training to become a certified dust
sampling technician. As discussed in the 2010 proposal, EPA
inadvertently failed to include in the 2008 RRP rule a time limit for
taking the refresher in lieu of the initial course. Many of the
commenters who addressed the issue of grandfathering in the 2008 RRP
rulemaking contended that there should be restrictions based on how
much time elapsed since the training was taken. In addition, under the
lead-based paint activities regulations at 40 CFR 745.226, EPA allowed
a similar grandfathering provision but only for a limited time.
Accordingly, EPA proposed to set a limit on when an individual can take
advantage of the grandfathering provision under the RRP rule. The
preamble to the 2010 proposal stated that the limit would be July 31,
2011, such that renovators and dust sampling technicians who take the
appropriate prerequisite course before that date would be permitted to
take an accredited refresher training course in lieu of the initial
training. EPA received three comments on this provision. One commenter
helpfully pointed out that, while the preamble said that the limit
would be July 31, 2011, the proposed regulatory text said that it would
be April 22, 2011. The three commenters supported the limit of July 31,
2011, one noting that EPA should not continue to encourage renovators
to take lead-safe work practices courses that do not meet the
requirements for certified renovator training. EPA generally agrees
with these commenters and is promulgating a provision that allows
renovators and dust sampling technicians who take the appropriate
prerequisite course before the effective date of this rule to take an

accredited refresher training course in lieu of the initial training.
    EPA also proposed a clarification regarding the grandfathering
provision as it applies to the dust sampling technician discipline.
Individuals who successfully complete an accredited lead-based paint
inspector or risk assessor course, but are not currently certified in
the discipline, may take an accredited refresher dust sampling
technician course in lieu of the initial training before the effective
date of this rule to become a certified dust sampling technician.
Inspectors and risk assessors who are certified by EPA or an authorized
state program are qualified to perform dust sampling as part of lead
hazard screens, risk assessments, or abatements as well as for other
purposes, such as post-renovation dust sampling. Therefore, it would be
unnecessary for a certified inspector or risk assessor to seek
certification as a dust sampling technician. The 2008 RRP rule explains
who is eligible to take the refresher dust sampling technician course
in lieu of the initial training. However, the regulations as
promulgated did not explicitly say that a certified inspector or risk
assessor may perform dust sampling. In order to clarify the intent of
the regulation, EPA proposed to amend 40 CFR 745.90(a)(3) to
specifically state that a certified inspector or risk assessor may act
as a dust sampling technician. EPA is promulgating this provision as
proposed. One comment was received on this topic expressing general
support for the amendment.

III. References

    As indicated under ADDRESSES, a docket has been established for
this rulemaking under docket ID number EPA-HQ-OPPT-2005-0049. The
following is a listing of the documents that are specifically
referenced in this final rule. The docket includes these documents and
other information considered by EPA, including documents that are
referenced within the documents that are included in the docket, even
if the referenced document is not physically located in the docket. For
assistance in locating these other documents, please consult the
technical contact listed under FOR FURTHER INFORMATION CONTACT.

1. U.S. Environmental Protection Agency (EPA). Lead; Clearance and
Clearance Testing Requirements for the Renovation, Repair, and
Painting Program; Proposed Rule. Federal Register (75 FR 25038, May
6, 2010) (FRL-8823-5).
2. EPA. Lead; Renovation, Repair, and Painting Program; Final Rule.
Federal Register (73 FR 21692, April 22, 2008) (FRL-8355-7).
3. EPA. Lead; Requirements for Lead-based Paint Activities; Final
Rule. Federal Register (61 FR 45778), August 29, 1996) (FRL-5389-9).
4. EPA. Lead; Identification of Dangerous Levels of Lead; Final
Rule. Federal Register (66 FR 1206, January 5, 2001) (FRL-6763-5).
5. EPA. Electrostatic Cloth and Wet Cloth Field Study in Residential
Housing (September 2005).
6. EPA. Characterization of Dust Lead Levels After Renovation,
Repair, and Painting Activities. (November 13, 2007).
7. EPA. Lead Exposure Associated With Renovation and Remodeling
Activities: Phase I, Environmental Field Sampling Study (EPA 747-R-
96-007, May 1997).
8. EPA. Reviewed Studies Pertaining to HEPA Shroud Effectiveness.
(2009).
9. EPA. Office of Pollution Prevention and Toxics (OPPT). ``Economic
Analysis for the TSCA Lead Renovation, Repair, and Painting Program
Final Rule for Target Housing and Child-Occupied Facilities'' (March
2008).
10. U.S. Department of Housing and Urban Development (HUD).
Evaluation of the HUD Lead-Based Paint Hazard Control Grant Program:
Final Report. May 1, 2004.
11. HUD. Guidelines for the Evaluation and Control of Lead-Based
Paint Hazards in Housing (June 1995).
12. U.S. Department of Labor, Occupational Safety and Health
Administration (OSHA). Technical Manual TED 01-00-015 [TED 1-0.15A].
Revised June 24, 2008.
13. ASTM International. Standard Test Method for Air Cleaning
Performance of a High-Efficiency Particulate Air-Filter System
(F1471-09).
14. EPA. OPPT. ``Discussion of Potential Costs and Benefits
Associated with the Clearance and Clearance Testing Requirements for
the Renovation, Repair, and Painting Program Final Rule'' (July
2011).
15. EPA. OPPT. ``Economic Analysis for the TSCA Lead Renovation,
Repair, and Painting Program Opt-out and Recordkeeping Final Rule
for Target Housing and Child-Occupied Facilities'' (April 2010).
16. EPA. Final Clearance Rule ICR Addendum for the rulemaking
entitled Lead; Clearance and Clearance Testing Requirements for the
Renovation, Repair, and Painting Program; Final Rule. (July 2011).
17. EPA. Report of the Small Business Advocacy Review Panel on the
Lead-based Paint Certification and Training; Renovation and
Remodeling Requirements. (March 3, 2000).
18. EPA. Lead; Renovation, Repair, and Painting Program; Proposed
Rule. Federal Register (71 FR 1588, January 10, 2006) (FRL-7755-5).

IV. Statutory and Executive Order Reviews

A. Regulatory Planning and Review

    Under Executive Order 12866, entitled Regulatory Planning and
Review (58 FR 51735, October 4, 1993), this action is a ``significant
regulatory action.'' Accordingly, EPA submitted this action to the
Office of Management and Budget (OMB) for review under Executive Orders
12866 and 13563, entitled Improving Regulation and Regulatory Review
(76 FR 3821, January 21, 2011), and any changes made in response to OMB
recommendations have been documented in the docket for this action.
    In addition, EPA prepared a document discussing the potential costs
and benefits associated with this final rule. This document, entitled
``Discussion of Potential Costs and Benefits Associated with the
Clearance and Clearance Testing Requirements for the Renovation,
Repair, and Painting Program Final Rule'' (Ref. 14), is available in
the docket for this action and is briefly summarized here.
    For the most part, the amendments to the RRP rule contained in this
final rule impose only minimal incremental costs. For example, the
requirement for training course providers to submit copies of personnel
qualifications along with their applications will result in providers
making copies of and submitting with their application 2-4 additional
pieces of paper that they are already required to have in their
possession before submitting the application. The requirement to submit
copies of State training course materials, if used, could add
significantly to the size of the training provider's application.
However, EPA believes that it will be a rare occurrence for training
providers to use State-approved training course materials, when EPA
model training course materials are readily available. Likewise, the
provision allowing certified renovators to collect paint chip samples
in lieu of using test kits adds no additional costs, because certified
renovators are not required to take this step in addition to existing
activities--it is an added option from which they may choose.
Similarly, the minimum enforcement provisions and other requirements
for State and Tribal programs imposes no costs because States and
Tribes are not required to have authorized programs, nor are they
required to revise their programs to incorporate EPA revisions. While
EPA is requiring specific recordkeeping for training providers who wish
to provide e-learning courses, e-learning courses are not required from
any training

provider. In addition, EPA believes that the recordkeeping requirements
for e-learning courses are comparable to, and no more burdensome than,
the ordinary recordkeeping already required for courses provided in
traditional formats.
    Many of the amendments are merely clarifications of existing
regulatory language and implementation of policy and impose no
additional costs. Examples of these amendments include the
clarifications on the role of the principal instructor in an accredited
training program, the requirement that the trainee photograph on a
course completion certificate be an accurate representation of the
trainee and no smaller than one square inch, and the clarification that
certified renovators are only required to provide on-the-job training
in the RRP work practices to other renovation workers.
    With respect to the vertical containment requirements of this final
rule, EPA has already accounted for the costs of those requirements. In
EPA's economic analysis for the 2008 RRP rule, EPA addressed those
situations where the renovation firm must take extra precautions to
effectively contain dust and debris, including work areas in close
proximity to other buildings, work areas that abut a property line, and
windy conditions. The 2008 economic analysis specifically notes that it
is sometimes necessary to erect a system of vertical containment to
prevent paint dust and debris from contaminating the ground or any
object beyond the work area. To account for these situations, EPA
estimated that approximately 2% of exterior jobs would use exterior
containment, and the incremental cost of vertical containment varies
from $330 per wall to $1,640 per wall, depending on the size of the
job. Thus, EPA has already accounted for the additional costs incurred
for using vertical containment systems on renovations performed within
10 feet of the property line.
    This final rule extends the recordkeeping requirement for providers
of certified renovator and certified dust sampling technician training
from 3 years and 6 months to 5 years in general and slightly more than
5 years for training providers who offered accredited courses in these
disciplines before April 22, 2010. The recordkeeping extension does not
affect recordkeeping requirements associated with obtaining and
maintaining accreditation. This extension only affects those records
pertaining to training courses, specifically notifications. Pro-rating
the recordkeeping cost estimates from EPA's economic analysis for the
Opt-Out and Recordkeeping Final Rule, also published in the Federal
Register on May 6, 2010 (Ref. 15), shows that the recordkeeping burden
for courses provided during the first year the rule was effective
increases from $43.68 to $61.88 per training provider. For courses
provided in subsequent years, the recordkeeping burden per training
provider increases from $4.80 to $6.80. These estimates are for the
entire 5 years that the records would have to be kept. For the 2008 RRP
rule, EPA estimated that there would be approximately 1.4 million
children under the age of 6 and 5.4 million adults who would be
affected by having their exposure to lead dust minimized due to the
rule. The analysis for the 2010 final Opt-Out rule estimated that an
additional 5.2 million older children and adults would be affected by
reduced lead exposure due to the rule.

B. Paperwork Burdens

    The information collection requirements contained in this rule have
been submitted for approval to the Office of Management and Budget
(OMB) under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq.
EPA has prepared an Information Collection Request (ICR) document to
amend an existing ICR that is approved under OMB Control No. 2070-0155
(EPA ICR No. 1715). The ICR amendment, entitled ``ICR Addendum for
Final Rule entitled ``Lead; Clearance and Clearance Testing
Requirements for the Renovation, Repair, and Painting Program; Final
Rule (RIN 2070-AJ57)'' and identified under EPA ICR No. 2381.02, has
been placed in the docket for this rule (Ref. 16).
    This regulatory action contains only two amendments to the approved
existing information collection: Amendments to the requirement for the
training provider to submit documentation of training manager and
principal instructor qualifications; and a requirement for providers of
renovator and dust sampling technician training to maintain training
records for these courses for 5 years, rather than 3 years and 6
months. These requirements add only negligible paperwork burden hours
to the existing burden estimate.
    EPA previously estimated for the final 2008 RRP rule (Ref. 9) and
the final Opt-out rule (Ref. 15) that 170 training providers would be
accredited to provide renovator training. These training providers will
now have to submit an additional 2-4 photocopies along with their
applications for accreditation. EPA estimates that each photocopy costs
$0.09 to generate, for a maximum of $0.36 additional cost for training
providers with one training manager and one principal instructor. Each
of these 170 training providers is also required to provide training
course notifications under the existing RRP rule. These notifications
will now have to be kept for 5 years instead of 3 years and 6 months.
EPA has also estimated that each of these training providers would
offer on average a total of 86 renovator or dust sampling technician
courses in the first year, and 20 per year thereafter. This would
require a total of 182 single-page notifications in the first year, and
42 each year thereafter.
    Under PRA, burden is defined at 5 CFR 1320.3(b) and means the total
time, effort, or financial resources expended by persons to generate,
maintain, retain, disclose or provide information to or for a Federal
agency. An agency may not conduct or sponsor, and a person is not
required to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations codified in 40 CFR chapter I, after appearing in the
preamble of the final rule, are listed in 40 CFR part 9, are displayed
either by publication in the Federal Register or by other appropriate
means, such as on the related collection instrument or form, as
applicable.

C. Small Entity Impacts

    Pursuant to section 605(b) of the Regulatory Flexibility Act (RFA),
5 U.S.C. 601 et seq., the Agency hereby certifies that this final rule
will not have a significant adverse 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 this final rule on small entities, small
entity is defined in accordance with RFA section 601 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.
    3. A small organization that is any not-for-profit enterprise which
is independently owned and operated and is not dominant in its field.
    The small entities directly regulated by this final rule are
providers of lead-based paint related training, renovation firms,
individuals who perform renovations, and any small governmental
jurisdictions or not-for-profit enterprises that provide lead-based
paint training or renovation services. As discussed previously, EPA

has decided not to promulgate the clearance and clearance testing
requirements, and is instead promulgating minor amendments to the
requirements for lead-based paint training providers and renovation
firms that will have only negligible adverse impacts on any small
entities.
    In addition, RFA states that agencies ``may consider a series of
closely related rules as one rule for the purposes of [an IRFA]'' in
order to avoid ``duplicative action.'' 5 U.S.C. 605(c). This rulemaking
is closely related to the 2008 RRP rule. Indeed, the proposed rule
addressed one of the major issues in the 2008 rulemaking and some of
the provisions finalized in the 2008 RRP rule. Accordingly, EPA was not
required to complete a regulatory flexibility analysis for this
rulemaking. Nonetheless, EPA exercised its discretion to complete an
Initial Regulatory Flexibility Analysis (IRFA) for the 2010 proposal
(see 75 FR 25038). The IRFA considered the potential adverse economic
impacts of the 2010 proposed rule on affected small entities, primarily
those related to the proposed clearance and clearance testing
requirements. The proposed provisions analyzed for purposes of the IRFA
are not part of this final rule.
    Moreover, as discussed in the 2010 proposed rule in more detail,
the Small Business Advocacy Review (SBAR) Panel that was conducted in
connection with the 2006 RRP proposal is equally applicable to this
closely related amendment to the 2008 RRP rule. The SBAR Panel
discussed all major aspects of the 2006 proposal to regulate renovation
and remodeling activities, including issues related to ensuring that
proper cleanup occurs after renovation activities. As a part of the
panel process, EPA ``collect[ed] advice and recommendations'' from
several Small Entity Representatives (SERs) on the 2006 proposal to
regulate renovation and remodeling activities. 5 U.S.C. 609(b). The
SBAR Panel report, entitled Report of the Small Business Advocacy
Review Panel on The Lead-base Painting; Certification and Training;
Renovation and Remodeling Requirements (March 3, 2000), expressly
addressed containment and dust clearance testing requirements (Ref.
18). Thus, the primary issues considered in this rulemaking are wholly
within the scope of the issues EPA considered as part of the 2008 RRP
rule and were within the scope of the issues considered by the SBAR
Panel. Reconvening the RRP Panel for the 2010 proposed rule would be
procedurally duplicative and unnecessary.

D. Unfunded Mandates

    This rule does not contain a Federal mandate that may result in
expenditures of $100 million or more for State, local, and tribal
governments, in the aggregate, or the private sector in any one year.
This rule includes only minor amendments to the requirements for
providers of lead-based paint training and for renovation firms. Thus,
this rule is not subject to the requirements of sections 202 or 205 of
the Unfunded Mandates Reform Act of 1995 (UMRA) (2 U.S.C. 1531-1538).
    This rule is also not subject to the requirements of section 203 of
UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments. Small governments
are only regulated by this action to the extent that they engage in
providing lead-based paint training or renovation services.

E. Federalism

    Pursuant to Executive Order 13132, entitled Federalism (64 FR
43255, August 10, 1999), EPA has determined that this final rule does
not have ``federalism implications,'' because 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 final rule. Nevertheless, in the spirit of the
objectives of this Executive Order, and consistent with EPA policy to
promote communications between the Agency and State and local
governments, EPA consulted with representatives of State and local
governments during the rulemaking process for the 2008 RRP rule. These
consultations are as described in the preamble to the 2006 RRP proposed
rule (Ref. 18).

F. Indian Tribal Government Implications

    As required by Executive Order 13175, entitled Consultation and
Coordination with Indian Tribal Governments (59 FR 22951, November 9,
2000), EPA has determined that this final rule does not have tribal
implications because it will not have substantial direct effects on
Tribal governments, on the relationship between the Federal Government
and the Indian Tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian Tribes, as
specified in the Executive Order. Thus, Executive Order 13175 does not
apply to this final rule. Although Executive Order 13175 does not apply
to this final rule, EPA consulted with Tribal officials and others by
discussing potential renovation regulatory options at several national
lead program meetings hosted by EPA and other interested Federal
agencies.

G. Protection of Children

    Executive Order 13045, entitled Protection of Children from
Environmental Health Risks and Safety Risks (62 FR 19885, April 23,
1997) does not apply to this final rule because it is not an
``economically significant regulatory action'' as defined by Executive
Order 12866. While the environmental health or safety risk addressed by
the 2008 RRP rule does have a disproportionate effect on children, this
final rule makes only minor changes in the administrative requirements
for accredited training providers and includes minor amendments to the
requirements for renovation firms.
    EPA has evaluated the environmental health or safety effects of
renovation, repair, and painting projects on children. Various aspects
of this evaluation are discussed in the preamble to the 2006 proposed
RRP rule (Ref. 18). The primary purpose of the final 2008 RRP rule is
to minimize exposure to lead-based paint hazards created during
renovation, repair, and painting activities in housing where children
under age 6 reside and in housing or other buildings frequented by
children under age 6. In the absence of the final 2008 RRP rule,
adequate work practices are not likely to be employed during
renovation, repair, and painting activities. EPA's analysis indicates
that there will be approximately 1.4 million children under age 6
affected by the RRP rule. These children are projected to receive
considerable benefits due to the RRP rule. In addition, older children
will also benefit from the protections afforded by the RRP rule.

H. Effect on Energy Supply, Distribution, or Use

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

I. Technical Standards

    This regulatory action does not involve any technical standards
that would require Agency consideration of voluntary consensus
standards pursuant to section 12(d) of the National Technology Transfer
and Advancement Act of 1995 (NTTAA), 15 U.S.C. 272 note. Section 12(d)
of NTTAA 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, business practices) that are developed or adopted
by voluntary consensus standards bodies. NTTAA requires EPA to provide
Congress, through OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards.

J. Environmental Justice

    Executive Order 12898, entitled Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations (59 FR 7629, February 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.
    While EPA has not assessed the potential impact of this final rule
on minority and low-income populations, EPA did assess the potential
impact of the final 2008 RRP rule as a whole. As a result of the final
2008 RRP rule assessment, contained in the economic analysis for the
final 2008 RRP rule, EPA has determined that the RRP rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it increases the
level of environmental protection for all affected populations without
having any disproportionately high and adverse human health or
environmental effects on any population, including any minority or low-
income population (Ref. 9).

V. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report to each House of the Congress and
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.
This rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 745

    Environmental protection, Child-occupied facility, Housing
renovation, Lead, Lead-based paint, Renovation, Reporting and
recordkeeping requirements.

    Dated: July 15, 2011.
Lisa P. Jackson,
Administrator.

    Therefore, 40 CFR chapter I is amended as follows:

PART 745--[AMENDED]

0
1. The authority citation for part 745 continues to read as follows:

    Authority:  15 U.S.C. 2605, 2607, 2681-2692 and 42 U.S.C. 4852d.

0
2. In Sec.  745.82, add a new paragraph (a)(3) to read as follows.

Sec.  745.82  Applicability.

    (a) * * *
    (3) Renovations in target housing or child-occupied facilities in
which a certified renovator has collected a paint chip sample from each
painted component affected by the renovation and a laboratory
recognized by EPA pursuant to section 405(b) of TSCA as being capable
of performing analyses for lead compounds in paint chip samples has
determined that the samples are free of paint or other surface coatings
that contain lead equal to or in excess of 1.0 mg/cm\2\ or 0.5% by
weight. If the components make up an integrated whole, such as the
individual stair treads and risers of a single staircase, the renovator
is required to test only one of the individual components, unless the
individual components appear to have been repainted or refinished
separately.
* * * * *

0
3. In Sec.  745.83, revise the definition of ``HEPA vacuum'' and add
the definition ``Painted surface'' and the definition ``Vertical
containment'' in alphabetical order to read as follows:

Sec.  745.83  Definitions.

* * * * *
    HEPA vacuum means a vacuum cleaner which has been designed with a
high-efficiency particulate air (HEPA) filter as the last filtration
stage. A HEPA filter is a filter that is capable of capturing
particulates of 0.3 microns with 99.97% efficiency. The vacuum cleaner
must be designed so that all the air drawn into the machine is expelled
through the HEPA filter with none of the air leaking past it. HEPA
vacuums must be operated and maintained in accordance with the
manufacturer's instructions.
* * * * *
    Painted surface means a component surface covered in whole or in
part with paint or other surface coatings.
* * * * *
    Vertical containment means a vertical barrier consisting of plastic
sheeting or other impermeable material over scaffolding or a rigid
frame, or an equivalent system of containing the work area. Vertical
containment is required for some exterior renovations but it may be
used on any renovation.
* * * * *

0
4. Section 745.85 is amended as follows:
0
a. Revise paragraphs (a)(2)(i)(D) and (a)(2)(ii)(C) and (D);
0
b. Revise paragraph (a)(3);
    The revisions read as follows:

Sec.  745.85  Work practice standards.

    (a) * * *
    (2) * * *
    (i) * * *
    (D) Cover the floor surface, including installed carpet, with
taped-down plastic sheeting or other impermeable material in the work
area 6 feet beyond the perimeter of surfaces undergoing renovation or a
sufficient distance to contain the dust, whichever is greater. Floor
containment measures may stop at the edge of the vertical barrier when
using a vertical containment system consisting of impermeable barriers
that extend from the floor to the ceiling and are tightly sealed at
joints with the floor, ceiling and walls.
* * * * *
    (ii) * * *
    (C) Cover the ground with plastic sheeting or other disposable
impermeable material extending 10 feet beyond the perimeter of surfaces
undergoing renovation or a sufficient distance to collect falling paint
debris, whichever is greater, unless the property line prevents 10 feet
of such ground covering. Ground containment measures may stop at the
edge of the vertical barrier when using a vertical containment system.
    (D) If the renovation will affect surfaces within 10 feet of the
property

line, the renovation firm must erect vertical containment or equivalent
extra precautions in containing the work area to ensure that dust and
debris from the renovation does not contaminate adjacent buildings or
migrate to adjacent properties. Vertical containment or equivalent
extra precautions in containing the work area may also be necessary in
other situations in order to prevent contamination of other buildings,
other areas of the property, or adjacent buildings or properties.
    (3) Prohibited and restricted practices. The work practices listed
below are prohibited or restricted during a renovation as follows:
    (i) Open-flame burning or torching of painted surfaces is
prohibited.
    (ii) The use of machines designed to remove paint or other surface
coatings through high speed operation such as sanding, grinding, power
planing, needle gun, abrasive blasting, or sandblasting, is prohibited
on painted surfaces unless such machines have shrouds or containment
systems and are equipped with a HEPA vacuum attachment to collect dust
and debris at the point of generation. Machines must be operated so
that no visible dust or release of air occurs outside the shroud or
containment system.
    (iii) Operating a heat gun on painted surfaces is permitted only at
temperatures below 1,100 degrees Fahrenheit.
* * * * *

0
5. Section 745.86 is amended as follows:
    a. Add paragraph (b)(1)(iii).
    b. Redesignate paragraphs (b)(6)(iv) through (vii) as paragraphs
(b)(6)(v) through (viii), respectively.
    c. Add new paragraph (b)(6)(iv).
    The additions and revisions read as follows:

Sec.  745.86  Recordkeeping and reporting requirements.

* * * * *
    (b) * * *
    (1) * * *
    (iii) Records prepared by a certified renovator after collecting
paint chip samples, including a description of the components that were
tested including their locations, the name and address of the NLLAP-
recognized entity performing the analysis, and the results for each
sample.
* * * * *
    (6) * * *
    (iv) If paint chip samples were collected, that the samples were
collected at the specified locations, that the specified NLLAP-
recognized laboratory analyzed the samples, and that the results were
as specified.
* * * * *
0
6. Section 745.90 is amended as follows:
0
a. Revise paragraphs (a)(2) and (a)(3).
0
b. Revise paragraphs (b)(2), (b)(4), and (b)(8).

Sec.  745.90  Renovator certification and dust sampling technician
certification.

    (a) * * *
    (2) Individuals who have successfully completed an accredited
abatement worker or supervisor course, or individuals who successfully
completed an EPA, HUD, or EPA/HUD model renovation training course
before October 4, 2011 may take an accredited refresher renovator
training course in lieu of the initial renovator training course to
become a certified renovator.
    (3) Individuals who have successfully completed an accredited lead-
based paint inspector or risk assessor course October 4, 2011 may take
an accredited refresher dust sampling technician course in lieu of the
initial training to become a certified dust sampling technician.
Individuals who are currently certified as lead-based paint inspectors
or risk assessors may act as certified dust sampling technicians
without further training.
* * * * *
    (b) * * *
    (2) Must provide training to workers on the work practices required
by Sec.  745.85(a) that they will be using in performing their assigned
tasks.
* * * * *
    (4) Must regularly direct work being performed by other individuals
to ensure that the work practices required by Sec.  745.85(a) are being
followed, including maintaining the integrity of the containment
barriers and ensuring that dust or debris does not spread beyond the
work area.
* * * * *
    (8) Must prepare the records required by Sec.  745.86(b)(1)(ii) and
(6).
* * * * *

0
7. In Sec.  745.92, add paragraph (b)(3) to read as follows:

Sec.  745.92  Fees for the accreditation of renovation and dust
sampling technician training and the certification of renovation firms.

* * * * *
    (b) * * *
    (3) Accreditation or certification amendments. No fee will be
charged for accreditation or certification amendments.
* * * * *

0
8. Revise Sec.  745.225 to read as follows:

Sec.  745.225  Accreditation of training programs: target housing and
child occupied facilities.

    (a) Scope. (1) A training program may seek accreditation to offer
courses in any of the following disciplines: Inspector, risk assessor,
supervisor, project designer, abatement worker, renovator, and dust
sampling technician. A training program may also seek accreditation to
offer refresher courses for each of the above listed disciplines.
    (2) Training programs may first apply to EPA for accreditation of
their lead-based paint activities courses or refresher courses pursuant
to this section on or after August 31, 1998. Training programs may
first apply to EPA for accreditation of their renovator or dust
sampling technician courses or refresher courses pursuant to this
section on or after April 22, 2009.
    (3) A training program must not provide, offer, or claim to provide
EPA- accredited lead-based paint activities courses without applying
for and receiving accreditation from EPA as required under paragraph
(b) of this section on or after March 1, 1999. A training program must
not provide, offer, or claim to provide EPA-accredited renovator or
dust sampling technician courses without applying for and receiving
accreditation from EPA as required under paragraph (b) of this section
on or after June 23, 2008.
    (b) Application process. The following are procedures a training
program must follow to receive EPA accreditation to offer lead-based
paint activities courses, renovator courses, or dust sampling
technician courses:
    (1) A training program seeking accreditation shall submit a written
application to EPA containing the following information:
    (i) The training program's name, address, and telephone number.
    (ii) A list of courses for which it is applying for accreditation.
For the purposes of this section, courses taught in different languages
and electronic learning courses are considered different courses, and
each must independently meet the accreditation requirements.
    (iii) The name and documentation of the qualifications of the
training program manager.
    (iv) The name(s) and documentation of qualifications of any
principal instructor(s).
    (v) A statement signed by the training program manager certifying
that the training program meets the requirements established in
paragraph (c) of this section. If a training program uses EPA-
recommended model training

materials, or training materials approved by a State or Indian Tribe
that has been authorized by EPA under subpart Q of this part, the
training program manager shall include a statement certifying that, as
well.
    (vi) If a training program does not use EPA-recommended model
training materials, its application for accreditation shall also
include:
    (A) A copy of the student and instructor manuals, or other
materials to be used for each course.
    (B) A copy of the course agenda for each course.
    (C) When applying for accreditation of a course in a language other
than English, a signed statement from a qualified, independent
translator that they had compared the course to the English language
version and found the translation to be accurate.
    (vii) All training programs shall include in their application for
accreditation the following:
    (A) A description of the facilities and equipment to be used for
lecture and hands-on training.
    (B) A copy of the course test blueprint for each course.
    (C) A description of the activities and procedures that will be
used for conducting the assessment of hands-on skills for each course.
    (D) A copy of the quality control plan as described in paragraph
(c)(9) of this section.
    (2) If a training program meets the requirements in paragraph (c)
of this section, then EPA shall approve the application for
accreditation no more than 180 days after receiving a complete
application from the training program. In the case of approval, a
certificate of accreditation shall be sent to the applicant. In the
case of disapproval, a letter describing the reasons for disapproval
shall be sent to the applicant. Prior to disapproval, EPA may, at its
discretion, work with the applicant to address inadequacies in the
application for accreditation. EPA may also request additional
materials retained by the training program under paragraph (i) of this
section. If a training program's application is disapproved, the
program may reapply for accreditation at any time.
    (3) A training program may apply for accreditation to offer courses
or refresher courses in as many disciplines as it chooses. A training
program may seek accreditation for additional courses at any time as
long as the program can demonstrate that it meets the requirements of
this section.
    (4) A training program applying for accreditation must submit the
appropriate fees in accordance with Sec.  745.238.
    (c) Requirements for the accreditation of training programs. For a
training program to obtain accreditation from EPA to offer lead-based
paint activities courses, renovator courses, or dust sampling
technician courses, the program must meet the following requirements:
    (1) The training program shall employ a training manager who has:
    (i) At least 2 years of experience, education, or training in
teaching workers or adults; or
    (ii) A bachelor's or graduate degree in building construction
technology, engineering, industrial hygiene, safety, public health,
education, business administration or program management or a related
field; or
    (iii) Two years of experience in managing a training program
specializing in environmental hazards; and
    (iv) Demonstrated experience, education, or training in the
construction industry including: Lead or asbestos abatement, painting,
carpentry, renovation, remodeling, occupational safety and health, or
industrial hygiene.
    (2) The training manager shall designate a qualified principal
instructor for each course who has:
    (i) Demonstrated experience, education, or training in teaching
workers or adults; and
    (ii) Successfully completed at least 16 hours of any EPA-accredited
or EPA-authorized State or Tribal-accredited lead-specific training for
instructors of lead-based paint activities courses or 8 hours of any
EPA-accredited or EPA-authorized State or Tribal-accredited lead-
specific training for instructors of renovator or dust sampling
technician courses; and
    (iii) Demonstrated experience, education, or training in lead or
asbestos abatement, painting, carpentry, renovation, remodeling,
occupational safety and health, or industrial hygiene.
    (3) The principal instructor shall be responsible for the
organization of the course, course delivery, and oversight of the
teaching of all course material. The training manager may designate
guest instructors as needed for a portion of the course to provide
instruction specific to the lecture, hands-on activities, or work
practice components of a course. However, the principal instructor is
primarily responsible for teaching the course materials and must be
present to provide instruction (or oversight of portions of the course
taught by guest instructors) for the course for which he has been
designated the principal instructor.
    (4) The following documents shall be recognized by EPA as evidence
that training managers and principal instructors have the education,
work experience, training requirements or demonstrated experience,
specifically listed in paragraphs (c)(1) and (c)(2) of this section.
This documentation must be submitted with the accreditation application
and retained by the training program as required by the recordkeeping
requirements contained in paragraph (i) of this section. Those
documents include the following:
    (i) Official academic transcripts or diploma as evidence of meeting
the education requirements.
    (ii) Resumes, letters of reference, or documentation of work
experience, as evidence of meeting the work experience requirements.
    (iii) Certificates from train-the-trainer courses and lead-specific
training courses, as evidence of meeting the training requirements.
    (5) The training program shall ensure the availability of, and
provide adequate facilities for, the delivery of the lecture, course
test, hands-on training, and assessment activities. This includes
providing training equipment that reflects current work practices and
maintaining or updating the equipment and facilities as needed.
    (6) To become accredited in the following disciplines, the training
program shall provide training courses that meet the following training
requirements:
    (i) The inspector course shall last a minimum of 24 training hours,
with a minimum of 8 hours devoted to hands-on training activities. The
minimum curriculum requirements for the inspector course are contained
in paragraph (d)(1) of this section.
    (ii) The risk assessor course shall last a minimum of 16 training
hours, with a minimum of 4 hours devoted to hands-on training
activities. The minimum curriculum requirements for the risk assessor
course are contained in paragraph (d)(2) of this section.
    (iii) The supervisor course shall last a minimum of 32 training
hours, with a minimum of 8 hours devoted to hands-on activities. The
minimum curriculum requirements for the supervisor course are contained
in paragraph (d)(3) of this section.
    (iv) The project designer course shall last a minimum of 8 training
hours. The minimum curriculum requirements for the project designer
course are contained in paragraph (d)(4) of this section.
    (v) The abatement worker course shall last a minimum of 16 training
hours, with a minimum of 8 hours devoted to

hands-on training activities. The minimum curriculum requirements for
the abatement worker course are contained in paragraph (d)(5) of this
section.
    (vi) The renovator course must last a minimum of 8 training hours,
with a minimum of 2 hours devoted to hands-on training activities. The
minimum curriculum requirements for the renovator course are contained
in paragraph (d)(6) of this section.
    (vii) The dust sampling technician course must last a minimum of 8
training hours, with a minimum of 2 hours devoted to hands-on training
activities. The minimum curriculum requirements for the dust sampling
technician course are contained in paragraph (d)(7) of this section.
    (viii) Electronic learning and other alternative course delivery
methods are permitted for the classroom portion of renovator, dust
sampling technician, or lead-based paint activities courses but not the
hands-on portion of these courses, or for final course tests or
proficiency tests described in paragraph (c)(7) of this section.
Electronic learning courses must comply with the following
requirements:
    (A) A unique identifier must be assigned to each student for them
to use to launch and re-launch the course.
    (B) The training provider must track each student's course log-ins,
launches, progress, and completion, and maintain these records in
accordance with paragraph (i) of this section.
    (C) The course must include periodic knowledge checks equivalent to
the number and content of the knowledge checks contained in EPA's model
course, but at least 16 over the entire course. The knowledge checks
must be successfully completed before the student can go on to the next
module.
    (D) There must be a test of at least 20 questions at the end of the
electronic learning portion of the course, of which 80% must be
answered correctly by the student for successful completion of the
electronic learning portion of the course. The test must be designed so
that students to do not receive feedback on their test answers until
after they have completed and submitted the test.
    (E) Each student must be able to save or print a copy of an
electronic learning course completion certificate. The electronic
certificate must not be susceptible to easy editing.
    (7) For each course offered, the training program shall conduct
either a course test at the completion of the course, and if
applicable, a hands-on skills assessment, or in the alternative, a
proficiency test for that discipline. Each student must successfully
complete the hands-on skills assessment and receive a passing score on
the course test to pass any course, or successfully complete a
proficiency test.
    (i) The training manager is responsible for maintaining the
validity and integrity of the hands-on skills assessment or proficiency
test to ensure that it accurately evaluates the trainees' performance
of the work practices and procedures associated with the course topics
contained in paragraph (d) of this section.
    (ii) The training manager is responsible for maintaining the
validity and integrity of the course test to ensure that it accurately
evaluates the trainees' knowledge and retention of the course topics.
    (iii) The course test shall be developed in accordance with the
test blueprint submitted with the training accreditation application.
    (8) The training program shall issue unique course completion
certificates to each individual who passes the training course. The
course completion certificate shall include:
    (i) The name, a unique identification number, and address of the
individual.
    (ii) The name of the particular course that the individual
completed.
    (iii) Dates of course completion/test passage.
    (iv) For initial inspector, risk assessor, project designer,
supervisor, or abatement worker course completion certificates, the
expiration date of interim certification, which is 6 months from the
date of course completion.
    (v) The name, address, and telephone number of the training
program.
    (vi) The language in which the course was taught.
    (vii) For renovator and dust sampling technician course completion
certificates, a photograph of the individual. The photograph must be an
accurate and recognizable image of the individual. As reproduced on the
certificate, the photograph must not be smaller than 1 square inch.
    (9) The training manager shall develop and implement a quality
control plan. The plan shall be used to maintain and improve the
quality of the training program over time. This plan shall contain at
least the following elements:
    (i) Procedures for periodic revision of training materials and the
course test to reflect innovations in the field.
    (ii) Procedures for the training manager's annual review of
principal instructor competency.
    (10) Courses offered by the training program must teach the work
practice standards contained in Sec.  745.85 or Sec.  745.227, as
applicable, in such a manner that trainees are provided with the
knowledge needed to perform the renovations or lead-based paint
activities they will be responsible for conducting.
    (11) The training manager shall be responsible for ensuring that
the training program complies at all times with all of the requirements
in this section.
    (12) The training manager shall allow EPA to audit the training
program to verify the contents of the application for accreditation as
described in paragraph (b) of this section.
    (13) The training manager must provide notification of renovator,
dust sampling technician, or lead-based paint activities courses
offered.
    (i) The training manager must provide EPA with notification of all
renovator, dust sampling technician, or lead-based paint activities
courses offered. The original notification must be received by EPA at
least 7 business days prior to the start date of any renovator, dust
sampling technician, or lead-based paint activities course.
    (ii) The training manager must provide EPA updated notification
when renovator, dust sampling technician, or lead-based paint
activities courses will begin on a date other than the start date
specified in the original notification, as follows:
    (A) For renovator, dust sampling technician, or lead-based paint
activities courses beginning prior to the start date provided to EPA,
an updated notification must be received by EPA at least 7 business
days before the new start date.
    (B) For renovator, dust sampling technician, or lead-based paint
activities courses beginning after the start date provided to EPA, an
updated notification must be received by EPA at least 2 business days
before the start date provided to EPA.
    (iii) The training manager must update EPA of any change in
location of renovator, dust sampling technician, or lead-based paint
activities courses at least 7 business days prior to the start date
provided to EPA.
    (iv) The training manager must update EPA regarding any course
cancellations, or any other change to the original notification.
Updated notifications must be received by EPA at least 2 business days
prior to the start date provided to EPA.
    (v) Each notification, including updates, must include the
following:
    (A) Notification type (original, update, cancellation).
    (B) Training program name, EPA accreditation number, address, and
telephone number.

    (C) Course discipline, type (initial/refresher), and the language
in which instruction will be given.
    (D) Date(s) and time(s) of training.
    (E) Training location(s) telephone number, and address.
    (F) Principal instructor's name.
    (G) Training manager's name and signature.
    (vi) Notification must be accomplished using any of the following
methods: Written notification, or electronically using the Agency's
Central Data Exchange (CDX). Written notification of lead-based paint
activities course schedules can be accomplished by using either the
sample form titled ``Lead-Based Paint Training Notification'' or a
similar form containing the information required in paragraph
(c)(13)(v) of this section. All written notifications must be delivered
to EPA by U.S. Postal Service, fax, commercial delivery service, or
hand delivery (persons submitting notification by U.S. Postal Service
are reminded that they should allow 3 additional business days for
delivery in order to ensure that EPA receives the notification by the
required date). Instructions and sample forms can be obtained from the
NLIC at 1-800-424-LEAD(5323), or on the Internet at  http://www.epa.gov/lead. Hearing- or speech-impaired persons may reach the
above telephone number through TTY by calling the toll-free Federal
Relay Service at 1-800-877-8339.
    (vii) Renovator, dust sampling technician, or lead-based paint
activities courses must not begin on a date, or at a location other
than that specified in the original notification unless an updated
notification identifying a new start date or location is submitted, in
which case the course must begin on the new start date and/or location
specified in the updated notification.
    (viii) No training program shall provide renovator, dust sampling
technician, or lead-based paint activities courses without first
notifying EPA of such activities in accordance with the requirements of
this paragraph.
    (14) The training manager must provide notification following
completion of renovator, dust sampling technician, or lead-based paint
activities courses.
    (i) The training manager must provide EPA notification after the
completion of any lead-based paint activities course. This notice must
be received by EPA no later than 10 business days following course
completion.
    (ii) The notification must include the following:
    (A) Training program name, EPA accreditation number, address, and
telephone number.
    (B) Course discipline and type (initial/refresher).
    (C) Date(s) of training.
    (D) The following information for each student who took the course:
    (1) Name.
    (2) Address.
    (3) Date of birth.
    (4) Course completion certificate number.
    (5) Course test score.
    (6) For renovator or dust sampling technician courses, a digital
photograph of the student.
    (E) Training manager's name and signature.
    (iii) Notification must be accomplished using any of the following
methods: Written notification, or electronically using the Agency's
Central Data Exchange (CDX). Written notification following renovator,
dust sampling technician, or lead-based paint activities training
courses can be accomplished by using either the sample form titled
``Lead-Based Paint Training Course Follow-up'' or a similar form
containing the information required in paragraph (c)(14)(ii) of this
section. All written notifications must be delivered to EPA by U.S.
Postal Service, fax, commercial delivery service, or hand delivery
(persons submitting notification by U.S. Postal Service are reminded
that they should allow 3 additional business days for delivery in order
to ensure that EPA receives the notification by the required date).
Instructions and sample forms can be obtained from the NLIC at 1-800-
424-LEAD (5323), or on the Internet at http://www.epa.gov/lead.
    (d) Minimum training curriculum requirements. To become accredited
to offer lead-based paint courses in the specific disciplines listed in
this paragraph, training programs must ensure that their courses of
study include, at a minimum, the following course topics.
    (1) Inspector. Instruction in the topics described in paragraphs
(d)(1)(iv), (v), (vi), and (vii) of this section must be included in
the hands-on portion of the course.
    (i) Role and responsibilities of an inspector.
    (ii) Background information on lead and its adverse health effects.
    (iii) Background information on Federal, State, and local
regulations and guidance that pertains to lead-based paint and lead-
based paint activities.
    (iv) Lead-based paint inspection methods, including selection of
rooms and components for sampling or testing.
    (v) Paint, dust, and soil sampling methodologies.
    (vi) Clearance standards and testing, including random sampling.
    (vii) Preparation of the final inspection report.
    (viii) Recordkeeping.
    (2) Risk assessor. Instruction in the topics described in
paragraphs (d)(2)(iv), (vi), and (vii) of this section must be included
in the hands-on portion of the course.
    (i) Role and responsibilities of a risk assessor.
    (ii) Collection of background information to perform a risk
assessment.
    (iii) Sources of environmental lead contamination such as paint,
surface dust and soil, water, air, packaging, and food.
    (iv) Visual inspection for the purposes of identifying potential
sources of lead-based paint hazards.
    (v) Lead hazard screen protocol.
    (vi) Sampling for other sources of lead exposure.
    (vii) Interpretation of lead-based paint and other lead sampling
results, including all applicable Federal or State guidance or
regulations pertaining to lead-based paint hazards.
    (viii) Development of hazard control options, the role of interim
controls, and operations and maintenance activities to reduce lead-
based paint hazards.
    (ix) Preparation of a final risk assessment report.
    (3) Supervisor. Instruction in the topics described in paragraphs
(d)(3)(v), (vii), (viii), (ix), and (x) of this section must be
included in the hands-on portion of the course.
    (i) Role and responsibilities of a supervisor.
    (ii) Background information on lead and its adverse health effects.
    (iii) Background information on Federal, State, and local
regulations and guidance that pertain to lead-based paint abatement.
    (iv) Liability and insurance issues relating to lead-based paint
abatement.
    (v) Risk assessment and inspection report interpretation.
    (vi) Development and implementation of an occupant protection plan
and abatement report.
    (vii) Lead-based paint hazard recognition and control.
    (viii) Lead-based paint abatement and lead-based paint hazard
reduction methods, including restricted practices.
    (ix) Interior dust abatement/cleanup or lead-based paint hazard
control and reduction methods.
    (x) Soil and exterior dust abatement or lead-based paint hazard
control and reduction methods.

    (xi) Clearance standards and testing.
    (xii) Cleanup and waste disposal.
    (xiii) Recordkeeping.
    (4) Project designer. (i) Role and responsibilities of a project
designer.
    (ii) Development and implementation of an occupant protection plan
for large-scale abatement projects.
    (iii) Lead-based paint abatement and lead-based paint hazard
reduction methods, including restricted practices for large-scale
abatement projects.
    (iv) Interior dust abatement/cleanup or lead hazard control and
reduction methods for large-scale abatement projects.
    (v) Clearance standards and testing for large scale abatement
projects.
    (vi) Integration of lead-based paint abatement methods with
modernization and rehabilitation projects for large scale abatement
projects.
    (5) Abatement worker. Instruction in the topics described in
paragraphs (d)(5)(iv), (v), (vi), and (vii) of this section must be
included in the hands-on portion of the course.
    (i) Role and responsibilities of an abatement worker.
    (ii) Background information on lead and its adverse health effects.
    (iii) Background information on Federal, State and local
regulations and guidance that pertain to lead-based paint abatement.
    (iv) Lead-based paint hazard recognition and control.
    (v) Lead-based paint abatement and lead-based paint hazard
reduction methods, including restricted practices.
    (vi) Interior dust abatement methods/cleanup or lead-based paint
hazard reduction.
    (vii) Soil and exterior dust abatement methods or lead-based paint
hazard reduction.
    (6) Renovator. Instruction in the topics described in paragraphs
(d)(6)(iv), (vi), (vii), and (viii) of this section must be included in
the hands-on portion of the course.
    (i) Role and responsibility of a renovator.
    (ii) Background information on lead and its adverse health effects.
    (iii) Background information on EPA, HUD, OSHA, and other Federal,
State, and local regulations and guidance that pertains to lead-based
paint and renovation activities.
    (iv) Procedures for using acceptable test kits to determine whether
paint is lead-based paint.
    (v) Procedures for collecting a paint chip sample and sending it to
a laboratory recognized by EPA under section 405(b) of TSCA.
    (vi) Renovation methods to minimize the creation of dust and lead-
based paint hazards.
    (vii) Interior and exterior containment and cleanup methods.
    (viii) Methods to ensure that the renovation has been properly
completed, including cleaning verification and clearance testing.
    (ix) Waste handling and disposal.
    (x) Providing on-the-job training to other workers.
    (xi) Record preparation.
    (7) Dust sampling technician. Instruction in the topics described
in paragraphs (d)(6)(iv) and (vi) of this section must be included in
the hands-on portion of the course.
    (i) Role and responsibility of a dust sampling technician.
    (ii) Background information on lead and its adverse health effects.
    (iii) Background information on Federal, State, and local
regulations and guidance that pertains to lead-based paint and
renovation activities.
    (iv) Dust sampling methodologies.
    (v) Clearance standards and testing.
    (vi) Report preparation.
    (e) Requirements for the accreditation of refresher training
programs. A training program may seek accreditation to offer refresher
training courses in any of the following disciplines: Inspector, risk
assessor, supervisor, project designer, abatement worker, renovator,
and dust sampling technician. To obtain EPA accreditation to offer
refresher training, a training program must meet the following minimum
requirements:
    (1) Each refresher course shall review the curriculum topics of the
full-length courses listed under paragraph (d) of this section, as
appropriate. In addition, to become accredited to offer refresher
training courses, training programs shall ensure that their courses of
study include, at a minimum, the following:
    (i) An overview of current safety practices relating to lead-based
paint in general, as well as specific information pertaining to the
appropriate discipline.
    (ii) Current laws and regulations relating to lead-based paint in
general, as well as specific information pertaining to the appropriate
discipline.
    (iii) Current technologies relating to lead-based paint in general,
as well as specific information pertaining to the appropriate
discipline.
    (2) Refresher courses for inspector, risk assessor, supervisor, and
abatement worker must last a minimum of 8 training hours. Refresher
courses for project designer, renovator, and dust sampling technician
must last a minimum of 4 training hours. Refresher courses for all
disciplines except project designer must include a hands-on component.
    (3) Except for project designer courses, for all other courses
offered, the training program shall conduct a hands-on assessment, and
at the completion of the course, a course test.
    (4) A training program may apply for accreditation of a refresher
course concurrently with its application for accreditation of the
corresponding training course as described in paragraph (b) of this
section. If so, EPA shall use the approval procedure described in
paragraph (b) of this section. In addition, the minimum requirements
contained in paragraphs (c)(1) through (c)(5) and (c)(7) through
(c)(14), and (e)(1),through (e)(3) of this section shall also apply.
    (5) A training program seeking accreditation to offer refresher
training courses only shall submit a written application to EPA
containing the following information:
    (i) The refresher training program's name, address, and telephone
number.
    (ii) A list of courses for which it is applying for accreditation.
    (iii) The name and documentation of the qualifications of the
training program manager.
    (iv) The name(s) and documentation of the qualifications of the
principal instructor(s).
    (v) A statement signed by the training program manager certifying
that the refresher training program meets the minimum requirements
established in paragraph (c) of this section, except for the
requirements in paragraph (c)(6) of this section. If a training program
uses EPA-developed model training materials, or training materials
approved by a State or Indian Tribe that has been authorized by EPA
under Sec.  745.324 to develop its refresher training course materials,
the training manager shall include a statement certifying that, as
well.
    (vi) If the refresher training course materials are not based on
EPA-developed model training materials, the training program's
application for accreditation shall include:
    (A) A copy of the student and instructor manuals to be used for
each course.
    (B) A copy of the course agenda for each course.
    (vii) All refresher training programs shall include in their
application for accreditation the following:
    (A) A description of the facilities and equipment to be used for
lecture and hands-on training.
    (B) A copy of the course test blueprint for each course.
    (C) A description of the activities and procedures that will be
used for conducting the assessment of hands-on skills for each course
(if applicable).

    (D) A copy of the quality control plan as described in paragraph
(c)(9) of this section.
    (viii) The requirements in paragraphs (c)(1) through (c)(5), and
(c)(7) through (c)(14) of this section apply to refresher training
providers.
    (ix) If a refresher training program meets the requirements listed
in this paragraph, then EPA shall approve the application for
accreditation no more than 180 days after receiving a complete
application from the refresher training program. In the case of
approval, a certificate of accreditation shall be sent to the
applicant. In the case of disapproval, a letter describing the reasons
for disapproval shall be sent to the applicant. Prior to disapproval,
EPA may, at its discretion, work with the applicant to address
inadequacies in the application for accreditation. EPA may also request
additional materials retained by the refresher training program under
paragraph (i) of this section. If a refresher training program's
application is disapproved, the program may reapply for accreditation
at any time.
    (f) Re-accreditation of training programs. (1) Unless re-
accredited, a training program's accreditation, including refresher
training accreditation, shall expire 4 years after the date of
issuance. If a training program meets the requirements of this section,
the training program shall be reaccredited.
    (2) A training program seeking re-accreditation shall submit an
application to EPA no later than 180 days before its accreditation
expires. If a training program does not submit its application for re-
accreditation by that date, EPA cannot guarantee that the program will
be re-accredited before the end of the accreditation period.
    (3) The training program's application for re-accreditation shall
contain:
    (i) The training program's name, address, and telephone number.
    (ii) A list of courses for which it is applying for re-
accreditation.
    (iii) The name and qualifications of the training program manager.
    (iv) The name(s) and qualifications of the principal instructor(s).
    (v) A description of any changes to the training facility,
equipment or course materials since its last application was approved
that adversely affects the students' ability to learn.
    (vi) A statement signed by the program manager stating:
    (A) That the training program complies at all times with all
requirements in paragraphs (c) and (e) of this section, as applicable;
and
    (B) The recordkeeping and reporting requirements of paragraph (i)
of this section shall be followed.
    (vii) A payment of appropriate fees in accordance with Sec.
745.238.
    (4) Upon request, the training program shall allow EPA to audit the
training program to verify the contents of the application for re-
accreditation as described in paragraph (f)(3) of this section.
    (g) Suspension, revocation, and modification of accredited training
programs. (1) EPA may, after notice and an opportunity for hearing,
suspend, revoke, or modify training program accreditation, including
refresher training accreditation, if a training program, training
manager, or other person with supervisory authority over the training
program has:
    (i) Misrepresented the contents of a training course to EPA and/or
the student population.
    (ii) Failed to submit required information or notifications in a
timely manner.
    (iii) Failed to maintain required records.
    (iv) Falsified accreditation records, instructor qualifications, or
other accreditation-related information or documentation.
    (v) Failed to comply with the training standards and requirements
in this section.
    (vi) Failed to comply with Federal, State, or local lead-based
paint statutes or regulations.
    (vii) Made false or misleading statements to EPA in its application
for accreditation or re-accreditation which EPA relied upon in
approving the application.
    (2) In addition to an administrative or judicial finding of
violation, execution of a consent agreement in settlement of an
enforcement action constitutes, for purposes of this section, evidence
of a failure to comply with relevant statutes or regulations.
    (h) Procedures for suspension, revocation or modification of
training program accreditation. (1) Prior to taking action to suspend,
revoke, or modify the accreditation of a training program, EPA shall
notify the affected entity in writing of the following:
    (i) The legal and factual basis for the suspension, revocation, or
modification.
    (ii) The anticipated commencement date and duration of the
suspension, revocation, or modification.
    (iii) Actions, if any, which the affected entity may take to avoid
suspension, revocation, or modification, or to receive accreditation in
the future.
    (iv) The opportunity and method for requesting a hearing prior to
final EPA action to suspend, revoke or modify accreditation.
    (v) Any additional information, as appropriate, which EPA may
provide.
    (2) If a hearing is requested by the accredited training program,
EPA shall:
    (i) Provide the affected entity an opportunity to offer written
statements in response to EPA's assertions of the legal and factual
basis for its proposed action, and any other explanations, comments,
and arguments it deems relevant to the proposed action.
    (ii) Provide the affected entity such other procedural
opportunities as EPA may deem appropriate to ensure a fair and
impartial hearing.
    (iii) Appoint an official of EPA as Presiding Officer to conduct
the hearing. No person shall serve as Presiding Officer if he or she
has had any prior connection with the specific matter.
    (3) The Presiding Officer appointed pursuant to paragraph (h)(2) of
this section shall:
    (i) Conduct a fair, orderly, and impartial hearing within 90 days
of the request for a hearing.
    (ii) Consider all relevant evidence, explanation, comment, and
argument submitted.
    (iii) Notify the affected entity in writing within 90 days of
completion of the hearing of his or her decision and order. Such an
order is a final agency action which may be subject to judicial review.
    (4) If EPA determines that the public health, interest, or welfare
warrants immediate action to suspend the accreditation of any training
program prior to the opportunity for a hearing, it shall:
    (i) Notify the affected entity of its intent to immediately suspend
training program accreditation for the reasons listed in paragraph
(g)(1) of this section. If a suspension, revocation, or modification
notice has not previously been issued pursuant to paragraph (g)(1) of
this section, it shall be issued at the same time the emergency
suspension notice is issued.
    (ii) Notify the affected entity in writing of the grounds for the
immediate suspension and why it is necessary to suspend the entity's
accreditation before an opportunity for a suspension, revocation or
modification hearing.
    (iii) Notify the affected entity of the anticipated commencement
date and duration of the immediate suspension.
    (iv) Notify the affected entity of its right to request a hearing
on the immediate suspension within 15 days of the suspension taking
place and the procedures for the conduct of such a hearing.

    (5) Any notice, decision, or order issued by EPA under this
section, any transcripts or other verbatim record of oral testimony,
and any documents filed by an accredited training program in a hearing
under this section shall be available to the public, except as
otherwise provided by section 14 of TSCA or by 40 CFR part 2. Any such
hearing at which oral testimony is presented shall be open to the
public, except that the Presiding Officer may exclude the public to the
extent necessary to allow presentation of information which may be
entitled to confidential treatment under section 14 of TSCA or 40 CFR
part 2.
    (6) The public shall be notified of the suspension, revocation,
modification or reinstatement of a training program's accreditation
through appropriate mechanisms.
    (7) EPA shall maintain a list of parties whose accreditation has
been suspended, revoked, modified or reinstated.
    (i) Training program recordkeeping requirements. (1) Accredited
training programs shall maintain, and make available to EPA, upon
request, the following records:
    (i) All documents specified in paragraph (c)(4) of this section
that demonstrate the qualifications listed in paragraphs (c)(1) and
(c)(2) of this section of the training manager and principal
instructors.
    (ii) Current curriculum/course materials and documents reflecting
any changes made to these materials.
    (iii) The course test blueprint.
    (iv) Information regarding how the hands-on assessment is conducted
including, but not limited to:
    (A) Who conducts the assessment.
    (B) How the skills are graded.
    (C) What facilities are used.
    (D) The pass/fail rate.
    (v) The quality control plan as described in paragraph (c)(9) of
this section.
    (vi) Results of the students' hands-on skills assessments and
course tests, and a record of each student's course completion
certificate.
    (vii) Any other material not listed in paragraphs (i)(1)(i) through
(i)(1)(vi) of this section that was submitted to EPA as part of the
program's application for accreditation.
    (viii) For renovator refresher and dust sampling technician
refresher courses, a copy of each trainee's prior course completion
certificate showing that each trainee was eligible to take the
refresher course.
    (ix) For course modules delivered in an electronic format, a record
of each student's log-ins, launches, progress, and completion, and a
copy of the electronic learning completion certificate for each
student.
    (2) The training program must retain records pertaining to
renovator, dust sampling technician and lead-based paint activities
courses at the address specified on the training program accreditation
application (or as modified in accordance with paragraph (i)(3) of this
section) for the following minimum periods:
    (i) Records pertaining to lead-based paint activities courses must
be retained for a minimum of 3 years and 6 months.
    (ii) Records pertaining to renovator or dust sampling technician
courses offered before April 22, 2010 must be retained until July 1,
2015.
    (iii) Records pertaining to renovator or dust sampling technician
courses offered on or after April 22, 2010 must be retained for a
minimum of 5 years.
    (3) The training program shall notify EPA in writing within 30 days
of changing the address specified on its training program accreditation
application or transferring the records from that address.
    (j) Amendment of accreditation. (1) A training program must amend
its accreditation within 90 days of the date a change occurs to
information included in the program's most recent application. If the
training program fails to amend its accreditation within 90 days of the
date the change occurs, the program may not provide renovator, dust
sampling technician, or lead-based paint activities training until its
accreditation is amended.
    (2) To amend an accreditation, a training program must submit a
completed ``Accreditation Application for Training Providers,'' signed
by an authorized agent of the training provider, noting on the form
that it is submitted as an amendment and indicating the information
that has changed.
    (3) Training managers, principal instructors, permanent training
locations. If the amendment includes a new training program manager,
any new or additional principal instructor(s), or any new permanent
training location(s), the training provider is not permitted to provide
training under the new training manager or offer courses taught by any
new principal instructor(s) or at the new training location(s) until
EPA either approves the amendment or 30 days have elapsed, whichever
occurs earlier. Except:
    (i) If the amendment includes a new training program manager or new
or additional principal instructor that was identified in a training
provider accreditation application that EPA has already approved under
this section, the training provider may begin to provide training under
the new training manager or offer courses taught by the new principal
instructor on an interim basis as soon as the provider submits the
amendment to EPA. The training provider may continue to provide
training under the new training manager or offer courses taught by the
new principal instructor if EPA approves the amendment or if EPA does
not disapprove the amendment within 30 days.
    (ii) If the amendment includes a new permanent training location,
the training provider may begin to provide training at the new
permanent training location on an interim basis as soon as the provider
submits the amendment to EPA. The training provider may continue to
provide training at the new permanent training location if EPA approves
the amendment or if EPA does not disapprove the amendment within 30
days.

0
9. In Sec.  745.238, add paragraph (c)(5) to read as follows:

Sec.  745.238  Fees for accreditation and certification of lead-based
paint activities.

* * * * *
    (c) * * *
    (5) Accreditation amendment fees. No fee will be charged for
accreditation amendments.
* * * * *

0
10. In Sec.  745.326, revise paragraphs (a)(2)(i), (a)(2)(ii), (d),
(e)(1), and (e)(3) to read as follows:

Sec.  745.326  Renovation: State and Tribal program requirements.

    (a) * * *
    (2) * * *
    (i) Procedures and requirements for the accreditation of renovation
and dust sampling technician training programs. A State and Tribal
program is not required to include procedures and requirements for the
dust sampling technician training discipline if the State or Tribal
program requires dust sampling to be performed by a certified lead-
based paint inspector or risk assessor.
    (ii) Procedures and requirements for accredited initial and
refresher training for renovators and dust sampling technicians and on-
the-job training for other individuals who perform renovations.
* * * * *
    (d) Certification of individuals and/or renovation firms. To be
considered at least as protective as the Federal program, the State or
Tribal program must:

    (1) Establish procedures and requirements that ensure that
individuals who perform or direct renovations are properly trained.
These procedures and requirements must include:
    (i) A requirement that renovations be performed and directed by at
least one individual who has been trained by an accredited training
program.
    (ii) Procedures and requirements for accredited refresher training
for these individuals.
    (iii) Procedures and requirements for individuals who have received
accredited training to provide on-the-job training for those
individuals who perform renovations but do not receive accredited
training. A State and Tribal program is not required to include
procedures and requirements for on-the-job training for renovation
workers if the State or Tribal program requires accredited initial and
refresher training for all persons who perform renovations.
    (2) Establish procedures and requirements for the formal
certification and re-certification of renovation firms.
    (3) Establish procedures for the suspension, revocation, or
modification of certifications.
    (e) * * *
    (1) Renovations must be conducted only by certified renovation
firms, using trained individuals.
* * * * *
    (3) Certified individuals and/or renovation firms must retain
appropriate records.
* * * * *

0
11. In Sec.  745.327, revise paragraphs (b)(1), (b)(2), (b)(3), and
(c)(2) to read as follows:

Sec.  745.327  State or Indian Tribal lead-based paint compliance and
enforcement programs.

* * * * *
    (b) * * *
    (1) Lead-based paint activities or renovation requirements. State
or Tribal lead-based paint compliance and enforcement programs will be
considered adequate if the State or Indian Tribe demonstrates, in its
application at Sec.  745.324(b)(2), that it has established a lead-
based paint program that contains all of the elements specified in
Sec.  745.325 or Sec.  745.326, or both, as applicable.
    (2) Authority to enter. State or Tribal officials must be able to
enter, through consent, warrant, or other authority, premises or
facilities where lead-based paint violations may occur for purposes of
conducting inspections.
    (i) State or Tribal officials must be able to enter premises or
facilities where those engaged in training for lead-based paint
activities or renovations conduct business.
    (ii) For the purposes of enforcing a renovation program, State or
Tribal officials must be able to enter a firm's place of business or
work site.
    (iii) State or Tribal officials must have authority to take samples
and review records as part of the lead-based paint inspection process.
    (3) Flexible remedies. A State or Tribal lead-based paint
compliance and enforcement program must provide for a diverse and
flexible array of enforcement statutory and regulatory authorities and
remedies. At a minimum, these authorities and remedies, which must also
be reflected in an enforcement response policy, must include the
following:
    (i) The authority to issue warning letters, Notices of
Noncompliance, Notices of Violation, or the equivalent;
    (ii) The authority to assess administrative or civil fines,
including a maximum penalty authority for any violation in an amount no
less than $5,000 per violation per day;
    (iii) The authority to assess the maximum penalties or fines for
each instance of violation and, if the violation is continuous, the
authority to assess penalties or fines up to the maximum amount for
each day of violation, with all penalties assessed or collected being
appropriate for the violation after consideration of factors as the
State or Tribe determine to be relevant, including the size or
viability of the business, enforcement history, risks to human health
or the environment posed by the violation, and other similar factors;
    (iv) The authority to commence an administrative proceeding or to
sue in courts of competent jurisdiction to recover penalties;
    (v) The authority to suspend, revoke, or modify the accreditation
of any training provider or the certification of any individual or
firm;
    (vi) The authority to commence an administrative proceeding or to
sue in courts of competent jurisdiction to enjoin any threatened or
continuing violation of any program requirement, without the necessity
of a prior suspension or revocation of a trainer's accreditation or a
firm's or individual's certification;
    (vii) The authority to apply criminal sanctions, including
recovering fines; and
    (viii) The authority to enforce its authorized program using a
burden of proof standard, including the degree of knowledge or intent
of the respondent that is no greater than it is for EPA under TSCA.
* * * * *
    (c) * * *
    (2) Compliance assistance. A State or Tribal lead-based paint
compliance and enforcement program must provide compliance assistance
to the public and the regulated community to facilitate awareness and
understanding of and compliance with State or Tribal requirements
governing the conduct of lead-based paint activities or renovations.
The type and nature of this assistance can be defined by the State or
Indian Tribe to achieve this goal.
* * * * *
[FR Doc. 2011-19417 Filed 8-4-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 213 (Friday, November 4, 2022)]
[Proposed Rules]
[Pages 66634-66636]
[FR Doc No: 2022-23533]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-1316; Airspace Docket No. 22-AGL-32]
RIN 2120-AA66

Proposed Amendment of Class E Airspace; Multiple North Dakota
Towns

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend the Class E airspace at
Carrington, ND; Cooperstown, ND; Harvey, ND; Rolla, ND; and Walhalla,
ND. The FAA is proposing this action due to airspace reviews conducted
as part of the decommissioning of the Devils Lake very high frequency
(VHF) omnidirectional range (VOR) as part of the VOR Minimal
Operational Network (MON) Program. The name of Rolla Municipal Airport/
Leonard Krech Field, Rolla, ND, would also be updated to coincide with
the FAA's aeronautical database.

DATES: Comments must be received on or before December 19, 2022.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590; telephone
(202) 366-9826, or<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2022-1316/Airspace Docket No. 22-AGL-32 at the beginning of your
comments. You may also submit comments through the internet at
www.regulations.gov. You may review the public docket containing the
proposal, any comments received, and any final disposition in person in
the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through
Friday, except federal holidays.
    FAA Order JO 7400.11G, Airspace Designations and Reporting Points,
and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

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

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would amend the Class E airspace extending upward from 700 feet
above the surface at Carrington Municipal Airport, Carrington, ND;
Cooperstown Municipal Airport, Cooperstown, ND; Harvey Municipal
Airport, Harvey, ND; Rolla Municipal Airport/Leonard Krech Field,
Rolla, ND; and Walhalla Municipal Airport, Walhalla, ND, to support
instrument flight rule operations at these airports.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2022-1316/
Airspace Docket No. 22-AGL-32.'' The postcard will be date/time stamped
and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this notice may be changed in light of the
comments received. A report summarizing each substantive public contact
with FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

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

Hillwood Parkway, Fort Worth, TX 76177.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order JO 7400.11G, Airspace
Designations and Reporting Points, dated August 19, 2022, and effective
September 15, 2022. FAA Order JO 7400.11G is publicly available as
listed in the ADDRESSES section of this document. FAA Order JO 7400.11G
lists Class A, B, C, D, and E airspace areas, air traffic service
routes, and reporting points.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 71 by:
    Amending the Class E airspace extending upward from 700 feet above
the surface at Carrington Municipal Airport, Carrington, ND, by
removing the Devils Lake VOR/DME and the airspace extending upward from
1,200 feet above the surface from the airspace legal description as it
is redundant with the airspace extending upward from 1,200 feet above
the surface over the State of North Dakota;
    Amending the Class E airspace extending upward from 700 feet above
the surface to within a 6.3-mile (decreased from a 6.4-mile) radius of
Cooperstown Municipal Airport, Cooperstown, ND; and removing the Devils
Lake VOR/DME, Hector International Airport, Grand Forks AFB, Jamestown
VOR/DME, Barnes City Municipal Airport, and the airspace extending
upward from 1,200 feet above the surface from the airspace legal
description as it is redundant with the airspace extending upward from
1,200 feet above the surface over the State of North Dakota;
    Amending the Class E airspace extending upward from 700 feet above
the surface at Harvey Municipal Airport, Harvey, ND, by removing Minot
AFB, Bismarck VOR/DME, Devils Lake VOR/DME, and the airspace extending
upward from 1,200 feet above the surface from the airspace legal
description as it is redundant with the airspace extending upward from
1,200 feet above the surface over the State of North Dakota;
    Amending the Class E airspace extending upward from 700 feet above
the surface to within a 6.4-mile (decreased from a 7.3-mile) radius of
Rolla Municipal Airport/Leonard Krech Field, Rolla, ND; removing the
exclusion north of lat. 49[deg]00'00'' N as it is no longer required;
removing the Devils Lake VOR/DME and the airspace extending upward from
1,200 feet above the surface from the airspace legal description as it
is redundant with the airspace extending upward from 1,200 feet above
the surface over the State of North Dakota; and updating the name of
the airport (previously Rolla Municipal Airport) to coincide with the
FAA's aeronautical database;
    And amending the Class E airspace extending upward from 700 feet
above the surface at Walhalla Municipal Airport, Walhalla, ND, by
removing the Devils Lake VOR/DME and the airspace extending upward from
1,200 feet above the surface from the airspace legal description as it
is redundant with the airspace extending upward from 1,200 feet above
the surface over the State of North Dakota.
    This action is due to airspace reviews conducted as part of the
decommissioning of the Devils Lake VOR, which provided navigation
information for the instrument procedures at these airports, as part of
the VOR MON Program.
    Class E airspace designations are published in paragraph 6005 of
FAA Order JO 7400.11G, dated August 19, 2022, and effective September
15, 2022, which is incorporated by reference in 14 CFR 71.1. The Class
E airspace designations listed in this document will be published
subsequently in FAA Order JO 7400.11.
    FAA Order JO 7400.11, Airspace Designations and Reporting Points,
is published yearly and effective on September 15.

Regulatory Notices and Analyses

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

Environmental Review

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

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

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

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

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

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

71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11G, Airspace Designations and Reporting Points, dated August 19,
2022, and effective September 15, 2022, is amended as follows:

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

* * * * *

AGL ND E5 Carrington, ND [Amended]

Carrington Municipal Airport, ND
    (Lat. 47[deg]27'04'' N, long. 99[deg]09'05'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.4-mile radius of Carrington Municipal Airport.
* * * * *

AGL ND E5 Cooperstown, ND [Amended]

Cooperstown Municipal Airport, ND
    (Lat. 47[deg]25'22'' N, long. 98[deg]06'21'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.3-mile radius of Cooperstown Municipal Airport.
* * * * *

AGL ND E5 Harvey, ND [Amended]

Harvey Municipal Airport, ND
    (Lat. 47[deg]47'28'' N, long 99[deg]55'54'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.3-mile radius of Harvey Municipal Airport.
* * * * *

AGL ND E5 Rolla, ND [Amended]

Rolla Municipal Airport/Leonard Krech Field, ND
    (Lat. 48[deg]53'04'' N, long. 99[deg]37'15'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.4-mile

radius of Rolla Municipal Airport/Leonard Krech Field.
* * * * *

AGL ND E5 Walhalla, ND [Amended]

Walhalla Municipal Airport, ND
    (Lat. 48[deg]56'26'' N, long. 97[deg]54'10'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.3-mile radius of the Walhalla Municipal Airport,
excluding that airspace north of lat. 49[deg]00'00'' N.

    Issued in Fort Worth, Texas, on October 25, 2022.
Martin A. Skinner,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2022-23533 Filed 11-3-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 50 (Wednesday, March 14, 2018)]
[Notices]
[Page 11195]
[FR Doc No: 2018-05109]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Membership of Performance Review Board for Senior
Executives

    The Federal Energy Regulatory Commission hereby provides notice of
the membership of its Performance Review Board (PRB) for the
Commission's Senior Executive Service (SES) members. The function of
this board is to make recommendations relating to the performance of
senior executives in the Commission. This action is undertaken in
accordance with Title 5, U.S.C., Section 4314(c)(4).
    The Commission's PRB will remove the following members:

Steven Wellner
David Morenoff
Michael Bardee

    The Commission's PRB will add the following members:

Anthony Pugliese
James Danly
Joseph McClelland
Nils Nichols

    Dated: March 7, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-05109 Filed 3-13-18; 8:45 am]
 BILLING CODE 6717-01-P