[Federal Register: June 4, 2010 (Volume 75, Number 107)]
[Rules and Regulations]
[Page 31702-31709]
[DOCID:fr04jn10-12]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 7

[EPA-HQ-OA-2004-0002; FRL-9158-9]
RIN 2090-AA37

Nondiscrimination on the Basis of Age in Programs or Activities
Receiving Federal Assistance from the Environmental Protection Agency

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action on Nondiscrimination on the
Basis of Age in Programs or Activities Receiving Federal Assistance
from the Environmental Protection Agency. This document sets out EPA
rules for implementing the Age Discrimination Act of 1975, as amended.
The Act prohibits discrimination on the basis of age in programs or
activities receiving Federal assistance.

DATES: This rule is effective on October 4, 2010 without further
notice, unless EPA receives adverse comment by August 3, 2010. If EPA
receives adverse comment, we will publish a timely withdrawal in the
Federal Register informing the public that the rule will not take
effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OA-
2004-0002, by one of the following methods:
     http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>

     Fax:<PHONE_NUMBER>.
     Mail: OEI Docket, U.S. EPA, Mail Code: 28221T, 1200
Pennsylvania Ave., NW., Washington, DC 20460.
     Hand delivery: OEI Docket, EPA Docket Center, Room 3334,
EPA West Building, 1301 Constitution Ave., NW., Washington, DC 20460.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangement should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OA-2004-
0002. EPA's policy is that all comments received will be included in
the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://
www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket, visit the EPA Docket Center homepage at http://www.epa.gov/
epahome/dockets.htm.
    Docket: All documents in the docket are listed in the http://
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the OEI Docket in the
EPA Docket Center (EPA/DC), EPA West, Room B102, 1301 Constitution
Ave., NW., Washington, DC. The EPA/DC Public Reading Room is open from
8 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays.
The telephone number for the Reading Room is<PHONE_NUMBER>, and the
telephone number for the OEI Docket is<PHONE_NUMBER>.
    Submitting CBI: Do not submit this information to EPA through
http://www.regulations.gov or e-mail. Clearly mark the part or all of
the information that you claim to be CBI. For CBI information in a disk
or CD ROM that you mail to EPA, mark the outside of the disk or CD-ROM
as CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedure set forth in 40 CFR Part 2.

Tips for Preparing Your Comments

     Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
     Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part of section number.
     Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
     Describe any assumptions and provide any technical
information and/or data that you used.
     If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
     Provide specific examples to illustrate your concerns, and
suggest alternatives.
     Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
     Make sure to submit your comments by the comment period
deadline identified.

FOR FURTHER INFORMATION CONTACT: Tom Walker, U.S. Environmental
Protection Agency, Office of Civil Rights, (Mail Code 1201A), 1200
Pennsylvania Ave., NW., Washington, DC 20460, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Why Is EPA Using a Direct Final Rule?

    EPA is publishing this rule without a prior proposed rule because
we view this as a noncontroversial action and anticipate no adverse
comment because (1) entities that have applied for and received
assistance from EPA comply with the Age Discrimination Act of 1975.
This rule implements the Age Discrimination Act of 1975, and would not
substantively change existing obligations for recipients. (2) The
current action has been reviewed and approved by the U.S. Department of
Health and Human Services (HHS), the lead Federal agency that sets the
government-wide standards to be followed by all Federal agencies
implementing the Age Discrimination Act. However, in the ``Proposed
Rules'' section of today's Federal Register, we are publishing a
separate document that will serve as the proposed rule to the Age
Discrimination regulations if adverse comments are received on this
direct final rule. We will not institute a second comment period on
this action. Any parties interested in the commenting must do so at
this time. For further information about commenting on this rule, see
the ADDRESSES section of this document.
    If EPA receives adverse comment, we will publish a timely
withdrawal in the Federal Register informing the public that this
direct final rule will not take effect. We would address all public
comments in any subsequent final rule based on the proposed rule.

I. General Information

    These regulations implement provisions of the Age Discrimination
Act of 1975, as amended. The Age Discrimination Act of 1975, 42 U.S.C.
6101 et. seq., (The Act) prohibits discrimination on the basis of age
in programs or activities receiving Federal assistance. The Act applies
to persons of all ages. The Act also contains specific exceptions that
permit the use of certain age distinctions and factors other than age
that meet the Act's requirements. The Act however, does not cover
employment discrimination on the basis of age. The Age Discrimination
in Employment Act of 1967, 29 U.S.C. 621 et. seq., (ADEA) applies
specifically to employment practices and programs, both in the public
and private sectors, and applies only to persons 40 and over.
Complaints of employment discrimination based on age against an
individual by recipients of Federal financial assistance are subject to
the ADEA and should be filed administratively with the Equal Employment
Opportunity Commission

(EEOC) (see 29 CFR part 1626). The EEOC has recently published in the
Federal Register a Notice of Proposed Rulemaking (NPRM) under the
authority of the ADEA (see 75 FR 7212 (Feb. 18, 2010)). EEOC's NPRM
defines the term ``reasonable factors other than age'' (RFOA) under the
ADEA, a term that is also used in the Age Discrimination Act and in the
subject regulation. Because of the different statutory bases for the
two regulations, the use of the term RFOA in EPA's regulation
implementing the Age Discrimination Act has no effect on EEOC's
regulation under the ADEA and the use of the term RFOA in EEOC's
regulation has no effect on EPA's regulation. Nonetheless, EPA would
accept comments about any potential impact of EEOC's definition on
EPA's regulation. Parties interested in the ADEA action should refer to
the Federal Register; 75 FR 7212 (Feb. 18, 2010).
    The Act required the former Department of Health, Education, and
Welfare (HEW) to issue general, government-wide regulations setting
standards to be followed by all Federal agencies implementing the Act.
These government-wide regulations, which were issued on June 12, 1979,
(45 CFR part 90; 44 FR 33768) and became effective on July 1, 1979,
required each Federal agency providing assistance to any program or
activity to publish final regulations implementing the Act, and to
submit final agency regulations to HEW (now the Department of Health
and Human Services (HHS)), before publication in the Federal Register.
(See 45 CFR 90.31.) The Act became effective on the effective date of
HEW's final government-wide regulations (i.e., July 1, 1979). The Act
was amended by the Civil Rights Restoration Act of 1987, Public Law
100-259, 102 Stat. 28, to add a definition for the term ``program or
activity.''
    The Age discrimination regulations apply to all applicants for, and
recipients of, EPA assistance in the operation of their programs or
activities, and only establish and enforce statutory rights that
prohibit discrimination on the basis of age. These regulations do not
apply to any program or activity unless that program or activity
applies for and/or receives Federal assistance from the Agency.
    EPA's Age discrimination regulations which implement the Age
Discrimination Act of 1975, will amend the U.S. Code of Federal
Regulations (40 CFR Part 7) by adding Age as a protected classification
to the Agency's nondiscrimination regulations. Currently, the Agency's
nondiscrimination regulations prohibit discrimination on the basis of
race, color, national origin, sex (gender), or disability in any
program or activity receiving EPA assistance. The Age Discrimination
regulations will become the new Part 7 Subpart F--Discrimination
Prohibited on the Basis of Age.
    The regulation states, ``No person in the United States may, on the
basis of age, be excluded from participation in, be denied the benefits
of, or be subjected to discrimination under any program or activity
receiving EPA assistance.'' (40 CFR 7.140) The specific prohibited
actions are patterned after the regulations issued under Title VI of
the Civil Rights Act of 1964 (40 CFR 7.30). As a general rule, separate
or different treatment which denies or limits services from, or
participation in, a program receiving Federal funds will be prohibited
by these regulations.
    The Act does include some exceptions to the general rule against
age discrimination. The regulations provide definitions for two terms
``normal operations'' and ``statutory objective'' (40 CFR 7.25) that
provide the framework for which the exceptions can apply. (40 CFR
7.150) For example, the normal operations and objectives of our public
schools are to educate our nation's children. Public schools, for
instance, have received Federal environmental grants, to establish
ecology clubs or educate students on water restoration and beach
ecology. These school programs are just a few examples of recipients
operating under normal conditions and meeting their objectives while
receiving Federal assistance targeted at a specific age group, and are
therefore, permissible under the Act.
    Recipients of EPA funds are also permitted to take an action
otherwise prohibited by the Act, if the action is based on ``reasonable
factors other than age.'' (40 CFR 7.155) For example, children may be
more vulnerable to environmental exposures (i.e. lead poisoning) than
adults because their bodily systems are still developing. Providing
grants to recipients to research these specific exposure risks in
children play an important role in protecting children's health. Even
though environmental toxins may also affect adults, it is thought that
children are generally more vulnerable to such environmental exposures.
Thus, recipients that are solely studying the unique environmental
exposure risks to children (targeting a specific age group) are taking
actions based on ``reasonable factors other than age'', and, such
studies are therefore permissible under the Act. As noted above, the
use of the term ``reasonable factors other than age'' in EPA's
regulation has no effect on EEOC's RFOA definition under the ADEA and,
conversely, the use of the term RFOA by the EEOC has no effect on EPA's
regulation.
    In addition, these regulations incorporate the provisions of the
general regulations (45 CFR part 90; 44 FR 33768) permitting a
recipient of a program to provide special benefits for children and the
elderly. (40 CFR 7.165) These special benefits often take the form of
special discounts or reduced fees for the elderly or children in a
Federally funded program.

II. Rulemaking History

    EPA first proposed regulations implementing the Age Discrimination
Act as part of its proposed consolidated nondiscrimination regulations
on January 8, 1981 (46 FR 2306-2312). The Age Discrimination Act
provisions were not included in the final rule published on January 12,
1984 (49 FR 1656-66), because they had not been approved by HHS as
required by the Act. During 1993 through 1998, the regulations were
submitted to HHS and went through different revisions in an on-going
effort between EPA and HHS. Because of the time lapse since the
regulations were initially drafted, in 2002 EPA had conducted an
internal re-review of the draft regulations. The draft Age
Discrimination Act regulations were then resubmitted to HHS in 2002,
which granted its approval later that year. In January 2003, new
regulatory development guidelines were issued, which spurred another
delay in the publication of EPA's draft Age regulations. Between 2003
and 2004, EPA's internal re-review resulted in various revisions to the
draft regulations based on the new regulatory development guidelines.
In 2005, EPA resubmitted its final draft Age discrimination regulations
to HHS. The revised regulations were subsequently approved by HHS in
2006. EPA is now publishing these regulations as a direct final rule
along, with a parallel proposed rule. Any comments submitted during the
1981, public comment period pertaining to the Age provisions of the
consolidated nondiscrimination regulations are no longer available for
viewing. Comments on the current rule are welcome. If EPA receives
public comment on the current direct final rule, we will publish a
timely withdrawal in the Federal Register informing the public that
this direct final rule will not take effect. We would address all
public comments in any subsequent final rule based on the current
parallel proposed rule as mentioned above.

III. Statutory and Executive Orders Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order (EO) 12866 (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 EO 12866 and any changes made in response to OMB
recommendations have been documented in the docket for this action.

B. Paperwork Reduction Act of 1995

    This action does not impose any new information collection burden.
EPA Form 4700-4 (Preaward Compliance Review Report for All Applicants
Requesting Federal Assistance), which is used to collect compliance
information under EPA's nondiscrimination regulations, already requests
civil rights compliance information based on age under the Age
Discrimination Act of 1975. The current version, which also requests
civil rights compliance information based on race, color, national
origin, sex, or handicap as well as age, has been in use since January
1990. The Office of Management and Budget (OMB) has previously approved
the information collection requirements contained in the existing
regulations at 40 CFR Part 7 under the provisions of the Paperwork
Reduction Act, 44 U.S.C. 3501 et seq. and has assigned OMB control
number 2030-0020. The OMB control numbers for EPA's regulations in 40
CFR are listed in 40 CFR Part 9.

C. Regulatory Flexibility Act (RFA)

    The RFA generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the Administrative Procedure Act or any
other statute unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small organizations, and small
governmental jurisdictions.
    For purposes of assessing the impacts of today's rule on small
entities, small entity is defined as: (1) A small business as defined
by the U.S. Small Business Administration in 13 CFR 121.201; (2) a
small governmental jurisdiction that is a government of a city, county,
town, school district or special district with a population of less
than 50,000; and (3) a small organization that is any not-for-profit
enterprise which is independently owned and operated and is not
dominant in its field.
    After considering the economic impacts of today's direct final rule
on small entities, I certify that this action will not have a
significant economic impact on a substantial number of small entities.
This direct final rule will not impose any requirements on small
entities because it only formalizes existing requirements for entities
receiving assistance from EPA and would not substantively change
existing obligations on recipients. The requirements prohibiting age
discrimination by recipients of Federal assistance that are in the Age
Discrimination Act and the government-wide regulations have been in
effect since 1979.

D. Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and Tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and Tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including Tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
    Today's rule contains no Federal mandates under the regulatory
provisions of Title II of the UMRA for State, local, or Tribal
governments or the private sector for the following reasons: (1) The
UMRA excludes from the definitions of ``Federal intergovernmental
mandate'' and ``Federal private sector mandate'' duties that arise from
conditions of Federal assistance; (2) The UMRA generally excludes from
the definition of ``Federal intergovernmental mandate'' duties that
arise from participation in a voluntary Federal program; (3) The UMRA
excludes from the definition of ``Federal private sector mandate''
duties that arise from participation in a voluntary Federal program;
and (4) The UMRA does not apply to rules that establish or enforce
statutory rights that prohibit discrimination on the basis of race,
color, religion, sex, national origin, age, handicap, or disability.
These regulations were mandated by Congress in the Act. These
regulations only establish and enforce statutory rights that prohibit
discrimination on the basis of age. These regulations do not apply to
any program or activity unless that program or activity applies for and
receives Federal assistance from the Agency. Application for, and
receipt of, Federal assistance from the Agency is entirely voluntary.
No program or activity is required to apply for, or accept, Federal
assistance from the Agency. Thus, today's rule is not subject to the
requirements of sections 202 and 205 of the UMRA.
    EPA has determined that this rule contains no regulatory
requirements that might significantly or uniquely affect small
governments. These regulations apply uniformly to all recipients of
Federal assistance from the Agency, regardless of whether the recipient
is a small government. Moreover, the application for, and acceptance
of, Federal assistance from the Agency that triggers the applicability
of these regulations is entirely voluntary. Furthermore, it has already
been determined that these regulations will not have a significant
economic impact on small entities.

E. Executive Order 13132: Federalism

    Executive Order 13132 (64 FR 43255), entitled ``Federalism,''
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by State and local officials in the development of
regulatory policies that have federalism implications.'' ``Policies
that have federalism implications'' is defined in the Executive Order
to

include regulations that have ``substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government.''
    This direct final rule does not have federalism implications. It
will not have substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132. This rule does not
directly impose any obligations on the States and there are no
significant compliance costs associated with it. This rule only applies
to State and non-State entities that apply for and receive assistance
from EPA. When the recipient receives the EPA assistance, they accept
the obligation to comply with EPA's Age Discrimination Act implementing
regulations. Compliance obligations are, therefore, voluntary and
contractual. No entity is required to apply for or accept EPA
assistance. Thus, Executive Order 13132 does not apply to this rule.
    In the spirit of Executive Order 13132, and consistent with EPA
policy to promote communications between EPA and State and local
governments, EPA specifically solicits comment on this direct final
rule from State and local officials.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    Executive Order 13175 (65 FR 67249), entitled ``Consultation and
Coordination with Indian Tribal Governments,'' requires EPA to develop
an accountable process to ensure ``meaningful and timely input by
Tribal officials in the development of regulatory policies that have
Tribal implications.'' This direct final rule does not have Tribal
implications, as specified in Executive Order 13175. This rule does not
directly impose any obligations on the Tribes and there are no
significant compliance costs associated with it. This rule only applies
to Tribal and non-Tribal entities that apply for and receive assistance
from EPA. When the recipient receives the EPA assistance, it accepts
the obligation to comply with EPA's Age Discrimination Act implementing
regulations. Compliance obligations are, therefore, voluntary and
contractual. No entity is required to apply for or accept EPA
assistance. Thus, Executive Order 13175 does not apply to this rule.
EPA specifically solicits additional comment on this direct final rule
from Tribal officials.

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

    Executive Order 13045 (62 FR 19885), ``Protection of Children from
Environmental Health Risks and Safety Risks,'' applies to any rule
that: (1) Is determined to be ``economically significant'' as defined
under Executive Order 12866, and (2) concerns an environmental health
or safety risk that EPA has reason to believe may have a
disproportionate effect on children. If the regulatory action meets
both criteria, the Agency must evaluate the environmental health or
safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
    EPA interprets Executive Order 13045 as applying only to those
regulatory actions that are based on health or safety risks, such that
the analysis required under section 5-501 of the Order has the
potential to influence the regulation. This direct final rule is not
subject to Executive Order 13045 because it does not establish an
environmental standard intended to mitigate health or safety risks.

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

    This rule is not a ``significant energy action'' as defined in
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355
(May 22, 2001)) because it is not likely to have a significant adverse
effect on the supply, distribution, or use of energy. EPA is taking
action to approve rules for implementing the Age Discrimination Act of
1975, as amended. The Act prohibits discrimination on the basis of age
in programs or activities receiving Federal assistance. Accordingly, we
have concluded that this rule is not likely to have any adverse energy
effects.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272n)
directs EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies. The NTTAA directs EPA to provide
Congress, through OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards. This direct
final rulemaking does not involve technical standards. Therefore, EPA
is not considering the use of any voluntary consensus standards. EPA
welcomes comments on this aspect of the direct final rulemaking and,
specifically, invites the public to identify potentially-applicable
voluntary consensus standards and to explain why such standards should
be used in this regulation.

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

    Executive Order 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
    EPA has determined that this final rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. EPA is taking action to approve rules for implementing the
Age Discrimination Act of 1975, as amended. The Act prohibits
discrimination on the basis of age in programs or activities receiving
Federal assistance. This rule does not adversely affect minority or
low-income populations therefore, we have concluded that this rule will
not have disproportionately high and adverse human health or
environmental effects on minority or low-income populations.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the

Congress and to the Comptroller General of the United States. EPA will
submit a report containing this rule and other required information to
the U.S. Senate, the U.S. House of Representatives, and the Comptroller
General of the United States prior to publication of the rule in the
Federal Register. A Major rule cannot take effect until 60 days after
it is published in the Federal Register. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2). This rule will be effective
October 4, 2010.

List of Subjects in 40 CFR Part 7

    Environmental protection, Administrative practice and procedure,
Age discrimination, Civil rights, Equal employment opportunity,
Individuals with disabilities, Reporting and recordkeeping
requirements, Sex discrimination.

    Dated: May 27, 2010.
Lisa P. Jackson,
Administrator.

0
For the reasons stated in the preamble, 40 CFR part 7 is amended as
follows:

PART 7--NONDISCRIMINATION IN PROGRAMS OR ACTIVITIES RECEIVING
FEDERAL ASSISTANCE FROM THE ENVIRONMENTAL PROTECTION AGENCY

0
1. The authority citation for part 7 is revised to read as follows:

    Authority: 42 U.S.C. 2000d to 2000d-7 and 6101 et seq.; 29
U.S.C. 794; 33 U.S.C. 1251nt.

0
2. Section 7.10 is revised to read as follows:

Sec.  7.10  Purpose of this part.

    This part implements: Title VI of the Civil Rights Act of 1964, as
amended; section 504 of the Rehabilitation Act of 1973, as amended; the
Age Discrimination Act of 1975, as amended; and section 13 of the
Federal Water Pollution Control Act Amendments of 1972, Public Law 92-
500, (collectively, the Acts).

0
3. Section 7.25 is amended by adding the definitions for ``Action,''
``Age,'' ``Age distinction,'' ``Age-related term,'' ``Normal
operation,'' and ``Statutory objective'' in alphabetical order to read
as follows:

Sec.  7.25  Definitions.

* * * * *
    Action, for purposes of subpart F of this part, means any act,
activity, policy, rule, standard, or method of administration; or the
use of any policy, rule, standard, or method of administration.
* * * * *
    Age, for purposes of subpart F of this part, means how old a person
is, or the number of elapsed years from the date of a person's birth.
    Age distinction, for purposes of subpart F of this part, means any
action using age or an age-related term.
    Age-related term, for purposes of subpart F of this part, means a
word or words which necessarily imply a particular age or range of ages
(for example; ``children,'' ``adult,'' ``older persons,'' but not
``student'' or ``grade'').
* * * * *
    Normal operation, for purposes of subpart F of this part, means the
operation of a program or activity without significant changes that
would impair its ability to meet its objectives.
* * * * *
    Statutory objective, for purposes of subpart F of this part, means
any purpose of a program or activity expressly stated in any Federal
statute, State statute, or local statute or ordinance adopted by an
elected, general purpose legislative body.
* * * * *

0
4. Section 7.80(c)(1) is revised to read as follows:

Sec.  7.80  Applicants.

* * * * *
    (c) * * *
    (1) Notice of any lawsuit pending against the applicant alleging
discrimination on the basis of race, color, sex, age, handicap, or
national origin;
* * * * *

0
5. Section 7.85 is amended by revising paragraph (a)(2), by
redesignating the introductory text of paragraph (c) after the heading
as paragraph (c)(1), and adding paragraph (c)(2) to read as follows:

Sec.  7.85  Recipients.

    (a) * * *
    (2) Racial/ethnic, national origin, age, sex and handicap data, or
EPA Form 4700-4 information submitted with its application;
* * * * *
    (c) Self-evaluation. (1) * * *
    (2) Each recipient employing the equivalent of 15 or more full time
employees may be required to complete a written self-evaluation of its
compliance under the Age Discrimination Act as part of a compliance
review or complaint investigation. This self-evaluation will pertain to
any age distinction imposed in its program or activity receiving
Federal assistance from EPA. If required, each recipient's self-
evaluation shall identify and justify each age distinction imposed by
the recipient and each recipient shall take corrective and remedial
action whenever a self-evaluation indicates a violation of the Age
Discrimination Act.
* * * * *

0
6. The first sentence in Sec.  7.95(a) is revised to read as follows:

Sec.  7.95  Notice of nondiscrimination.

* * * * *
    (a) Requirements. A recipient shall provide initial and continuing
notice that it does not discriminate on the basis of race, color,
national origin, age, or handicap in a program or activity receiving
EPA assistance or, in programs or activities covered by section 13, on
the basis of sex. * * *
* * * * *

0
7. The third sentence in Sec.  7.110(a) is revised to read as follows:

Sec.  7.110  Preaward compliance.

* * * * *
    (a) * * * When the OCR cannot make a determination on the basis of
this information, additional information will be requested from the
applicant, local government officials, or interested persons or
organizations, including aged and handicapped persons or organizations
representing such persons. * * *
* * * * *
0
8. Section 7.120 is amended by adding a new fifth sentence to paragraph
(a) and adding paragraph (d)(1)(iv) to read as follows:

Sec.  7.120  Complaint investigations.

* * * * *
    (a) Who may file a complaint. * * * Complaints of employment
discrimination based on age against an individual by recipients of
Federal financial assistance are subject to the Age Discrimination in
Employment Act of 1967 and should be filed administratively with the
Equal Employment Opportunity Commission (see 29 CFR part 1626). * * *
* * * * *
    (d) * * *
    (1) * * *
    (iv) Complaints alleging age discrimination under the Age
Discrimination Act of 1975 will be referred to a mediation agency in
accordance with Sec.  7.180.
* * * * *

0
9. A new subpart F, consisting of Sec. Sec.  7.140 through 7.180, is
added to read as follows:
Subpart F--Discrimination Prohibited on the Basis of Age
Sec.

7.140 General prohibition.
7.145 Specific prohibitions.
7.150 Exceptions to the rules against age discrimination--normal
operation or statutory objective of any program or activity.
7.155 Exceptions to the rules against age discrimination--reasonable
factors other than age.
7.160 Burden of proof.
7.165 Special benefits for children and the elderly.
7.170 Alternative funds disbursal procedures.
7.175 Exhaustion of administrative remedy.
7.180 Mediation of age discrimination complaints.

Subpart F--Discrimination Prohibited on the Basis of Age

Sec.  7.140  General prohibition.

    No person in the United States may, on the basis of age, be
excluded from participation in, be denied the benefits of, or be
subjected to discrimination under any program or activity receiving EPA
assistance.

Sec.  7.145  Specific prohibitions.

    (a) As to any program or activity receiving EPA assistance, a
recipient shall not directly or through contractual, licensing, or
other arrangements on the basis of age:
    (1) Exclude any individuals from, deny them the service, aid or
benefits of, or subject them to discrimination under, a program or
activity;
    (2) Provide a person any service, aid or other benefit that is
different, or is provided differently from that provided to others
under the program or activity;
    (3) Restrict a person in any way in the enjoyment of any advantage
or privilege enjoyed by others receiving any service, aid, or benefit
provided by the program or activity;
    (4) Subject a person to segregation in any manner or separate
treatment in any way related to receiving services or benefits under
the program or activity;
    (5) Deny a person or any group of persons the opportunity to
participate as members of any planning or advisory body which is an
integral part of the program or activity, such as a local sanitation
board or sewer authority;
    (6) In administering a program or activity receiving Federal
financial assistance in which the recipient has previously
discriminated on the basis of age, the recipient shall take affirmative
action to provide remedies to those who have been injured by the
discrimination.
    (b) A recipient shall not use criteria or methods of administering
its program or activity which have the effect of subjecting individuals
to discrimination because of their age, or have the effect of defeating
or substantially impairing accomplishment of the objectives of the
program or activity with respect to individuals of a particular age.
    (c) A recipient shall not choose a site or location of a facility
that has the purpose or effect of excluding individuals from, denying
them the benefits of, or subjecting them to discrimination under any
program or activity to which this part applies on the ground of age; or
with the purpose or effect of defeating or substantially impairing the
accomplishment of the objectives of this subpart.
    (d) The specific prohibitions of discrimination enumerated above do
not limit the general prohibition of Sec.  7.140.

Sec.  7.150  Exceptions to the rules against age discrimination--normal
operation or statutory objective of any program or activity.

    A recipient is permitted to take an action, otherwise prohibited by
Sec. Sec.  7.140 and 7.145, if the action reasonably takes into account
age as a factor necessary to the normal operation or achievement of any
statutory objective of a program or activity. An action reasonably
takes into account age as a factor necessary to the normal operation or
the achievement of any statutory objective of a program or activity if:
    (a) Age is used as a measure or approximation of one or more other
characteristics;
    (b) The other characteristic(s) must be measured or approximated in
order for the normal operation of the program or activity to continue,
or to achieve any statutory objective of the program or activity;
    (c) The other characteristic(s) can be reasonably measured or
approximated by the use of age; and
    (d) The other characteristic(s) are impractical to measure directly
on an individual basis.

Sec.  7.155  Exceptions to the rules against age discrimination--
reasonable factors other than age.

    A recipient is permitted to take an action otherwise prohibited by
Sec. Sec.  7.140 and 7.145 which is based on a factor other than age,
even though that action may have a disproportionate effect on persons
of different ages. An action may be based on a factor other than age
only if the factor bears a direct and substantial relationship to the
normal operation of the program or activity or to the achievement of a
statutory objective.

Sec.  7.160  Burden of proof.

    The burden of proving that an age distinction or other action falls
within the exceptions outlined in Sec. Sec.  7.150 and 7.155 is on the
recipient of EPA financial assistance.

Sec.  7.165  Special benefits for children and the elderly.

    If a recipient operating a program which serves the elderly or
children in addition to persons of other ages, provides special
benefits to the elderly or to children the provision of those benefits
shall be presumed to be voluntary affirmative action provided that it
does not have the effect of excluding otherwise eligible persons from
participation in the program.

Sec.  7.170  Alternative funds disbursal procedures.

    (a) When EPA withholds funds from a recipient under Subpart F of
these regulations, the Administrator may disburse the withheld funds
directly to an alternate recipient: Any public or non-profit private
organization or agency, or State or political subdivision of the State.
    (b) The Administrator will require any alternate recipient to
demonstrate the ability to achieve the goals of the Federal statute
authorizing the funds and these regulations (40 CFR Part 7).

Sec.  7.175  Exhaustion of administrative remedy.

    (a) A complainant may file a civil action following the exhaustion
of administrative remedies under the Age Discrimination Act.
Administrative remedies are exhausted if:
    (1) 180 days have elapsed since the complainant filed the complaint
and EPA has made no finding with regard to the complaint; or
    (2) EPA issues any finding in favor of the recipient.
    (b) If EPA fails to make a finding within 180 days or issues a
finding in favor of the recipient, EPA shall:
    (1) Promptly advise the complainant of this fact; and
    (2) Advise the complainant of his or her right to bring a civil
action for injunctive relief; and
    (3) Inform the complainant that:
    (i) The complainant may bring a civil action only in a United
States district court for the district in which the recipient is found
or transacts business;
    (ii) A complainant prevailing in a civil action has the right to be
awarded the costs of the action, including reasonable attorney's fees,
but that the complainant must demand these costs in the complaint;
    (iii) Before commencing the action, the complainant shall give 30
days notice by registered mail to the Secretary of the Department of
Health and Human Services, the Administrator,

the Attorney General of the United States, and the recipient;
    (iv) The notice must state: The alleged violation of the Age
Discrimination Act; the relief requested; the court in which the
complainant is bringing the action; and, whether or not attorney's fees
are demanded in the event the complainant prevails; and
    (v) The complainant may not bring an action if the same alleged
violation of the Age Discrimination Act by the same recipient is the
subject of a pending action in any court of the United States.

Sec.  7.180  Mediation of age discrimination complaints.

    (a) The OCR will refer all accepted complaints alleging age
discrimination to the Mediation Agency designated by the Secretary of
the Department of Health and Human Services.
    (b) Both the complainant and the recipient must participate in the
mediation process to the extent necessary to reach an agreement or make
an informed judgment that an agreement is not possible. The recipient
and the complainant must meet with the mediator at least once before
the OCR will accept a judgment that an agreement is not possible. The
recipient and the complainant, however, need not meet with the mediator
at the same time.
    (c) If the complainant and the recipient reach an agreement, the
mediator must prepare a written statement of the agreement and have the
complainant and recipient sign it. The mediator will send a copy of the
agreement to the OCR, which will take no further action on the
complaint unless the complainant or the recipient fails to comply with
the agreement.
    (d) The mediator must protect the confidentiality of all
information obtained in the course of the mediation process. No
mediator may testify in any adjudicative proceeding, produce any
document, or otherwise disclose any information obtained in the course
of the mediation process without prior approval of the head of the
agency appointing the mediator.
    (e) Mediation ends after sixty (60) days from the time EPA received
the complaint or if:
    (1) An agreement is reached; or
    (2) The Mediator determines that an agreement cannot be reached.
    (f) The mediator must return unresolved complaints to OCR to be
processed in accordance with the procedure in Sec.  7.120.

[FR Doc. 2010-13470 Filed 6-3-10; 8:45 am]
BILLING CODE 6650-50-P


[Federal Register: May 24, 2006 (Volume 71, Number 100)]
[Notices]
[Page 29941-29944]
[DOCID:fr24my06-73]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PF06-22-000]

AES Sparrows Point LNG, LLC and Mid-Atlantic Express, LLC; Notice
of Intent To Prepare an Environmental Impact Statement for the Proposed
Sparrows Point Project, Request for Comments on Environmental Issues
and Notice of a Joint Public Meeting

May 16, 2006.
    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) and the U.S. Department of Homeland Security, U.S. Coast
Guard (Coast Guard) are in the process of evaluating the Sparrows Point
Liquefied Natural Gas (LNG) Project planned by AES Sparrows Point LNG,
LLC (AES) and the associated pipeline planned by Mid-Atlantic Express
LLC (Mid-Atlantic Express). The project would consist of an onshore LNG
import and storage terminal located on the west shore of Sparrows
Point, south of Dundalk, Maryland, and an approximately 87-mile natural
gas sendout pipeline, extending north from the terminal to
interconnects with existing pipelines of Transco, Tetco, and Columbia
Gas Transmission near Eagle, Pennsylvania.
    As a part of this evaluation, FERC staff will prepare an
environmental impact statement (EIS) that will address the
environmental impacts of the project and the Coast Guard will assess
the maritime safety and security of the project. As described below,
the FERC and the Coast Guard will hold a joint public meeting at
Sparrows Point to allow the public to provide input to these
assessments. The FERC will host additional public meetings along the
pipeline route to provide input to the assessment of the pipeline
component of the project.
    The Commission will use the EIS in its decision-making process to
determine whether or not to authorize the project. This Notice of
Intent (NOI) explains the scoping process we \1\ will use to gather
information on the project from the public and interested agencies and
summarizes the process that the Coast Guard will use. Your input will
help identify the issues that need to be evaluated in the EIS and in
the Coast Guard's maritime safety and security assessment. Please note
that scoping comments are requested by June 16, 2006.
---------------------------------------------------------------------------

    \1\ ``We,'' ``us,'' and ``our'' refer to the environmental staff
of the FERC's Office of Energy Projects.
---------------------------------------------------------------------------

    Comments on the project may be submitted in written form or
verbally. Further details on how to submit written comments are
provided in the Public Participation section of this NOI. In lieu of
sending written comments, we invite you to attend any of the following
public scoping meetings or site visits scheduled as follows:

Monday, June 5, 2006, 7 p.m.:
North Point/Edgemere Volunteer Fire Co., 7500 North Point Road,
Sparrows Point, MD,<PHONE_NUMBER>.
Tuesday, June 6, 2006, 7 p.m.:
East Brandywine Fire Hall, 2096 Bondsville Road, Downingtown, PA, 610-
269-1817.
Wednesday, June 7, 2006, 7 p.m.:
Harford Community College, 401 Thomas Run Road, Bel Air, MD, 410-836-
4000.

    FERC will be conducting a site visit of the proposed project route
over a two-day period. The tour each day will begin and end at the
locations and times listed below. Please note that no private property
will be entered and all locations of anticipated alignment of the
project pipeline will be viewed from public rights-of-way.

Tour Day 1, June 6, 2006

    Tour Start Location--Sparrows Point Shipyard. Note: The Shipyard
may not be open to the public on the day of the tour depending upon
site work scheduled that day. Persons wishing to enter the Shipyard
site must have photo identification. The Shipyard may not be entered
without a security escort and all tour participants will need to meet
in a marshalling area outside the security entrance for Sparrows Point
Shipyard at the location shown on the map in Appendix 1. Follow signs
for Bethlehem Blvd. west off of Rt 695 at Sparrows Point. Bethlehem
Blvd. will turn into Riverside Drive as you near Bear Creek on the west
side of Sparrows Point. Take the right hand turn at the flashing sign
that says ``All Shipyard Traffic to Sparrows Point'' and park in the
parking area before the security guard trailer.
    Tour Start Time--8 a.m. The tour will depart promptly at 8:15 a.m.
and will proceed from the marshalling area northerly along the proposed
primary pipeline route. All attendees must provide their own
transportation. Several locations that are publicly accessible will be
visited along the route section between Sparrows Point and Bel Air, MD
where the tour will end on Day 1. The Day 1 Tour will end on or near
Walter's Mill Road north of Bel Air, MD, by 1 p.m.

Tour Day 2, June 7, 2006

    Tour Start Location--East Brandywine Fire Hall, 2096 Bondsville
Road, near the intersection of Bondsville Road and Route 322. Tour
Start Time--8 a.m. The Day 2 Tour will view the proposed pipeline route
starting from an existing Columbia Gas Transmission compressor station
in Eagle, PA, and will proceed south. All attendees must provide their
own transportation. Several locations that are publicly accessible will
be visited along the route section between Eagle, PA and Bel Air, MD
where the tour will end on Day 2. The Day 2 Tour will end south of the
Susquehanna River and north of Bel Air, MD in the area of Walter's Mill
Road, by 1 p.m.
    The first public scoping meeting listed above (Sparrows Point, MD)
will be combined with the Coast Guard's public meeting regarding the
maritime safety and security of the project. At the meeting, the Coast
Guard will discuss: (1) The waterway suitability assessment that the
applicant will conduct to determine whether or not the waterway can
safely accommodate the LNG carrier traffic and operation of the planned
LNG marine terminal; and (2) the facility security assessment that the
applicant will conduct in accordance with the regulations of the
Maritime Transportation Security Act to assist with the preparation of
a Facility Security Plan. The Coast Guard will not be issuing a
separate meeting notice for the maritime safety and security aspects of
the project.
    The Coast Guard is responsible for matters related to navigation
safety, vessel engineering and safety standards, and all matters
pertaining to the safety of facilities or equipment located in or
adjacent to navigable waters up to the last valve immediately before
the receiving tanks. The Coast Guard also has authority for LNG
facility security plan review, approval, and compliance verification as
provided in Title 33 CFR 105, and recommendation for siting as it
pertains to the management of vessel traffic in and around the LNG
facility.
    Upon receipt of a letter of intent from an owner or operator
intending to build a new LNG facility, the Coast Guard Captain of the
Port (COTP) conducts an analysis that results in a letter of
recommendation issued to the owner or operator and to the state and
local governments having jurisdiction, addressing the suitability of
the waterway to accommodate LNG vessels. Specifically the letter of
recommendation addresses the suitability of the waterway based on:
     The physical location and layout of the facility and its
berthing and mooring arrangements.
     The LNG vessels' characteristics and the frequency of LNG
shipments to the facility.
     Commercial, industrial, environmentally sensitive, and
residential area in and adjacent to the waterway used by the LNG
vessels en route to the facility.
     Density and character of the marine traffic on the
waterway.
     Bridges or other manmade obstructions in the waterway.
     Depth of water.
     Tidal range.
     Natural hazards, including rocks and sandbars.
     Underwater pipelines and cables.
     Distance of berthed LNG vessels from the channel, and the
width of the channel.
    In addition, the Coast Guard will review and approve the facility's
operations manual and emergency response plan (33 CFR 127.019), as well
as the facility's security plan (33 CFR 105.410). The Coast Guard will
also provide input to other federal, state, and local government
agencies reviewing the project.
    In order to complete a thorough analysis and fulfill the regulatory
mandates cited above, the applicant will be conducting a Waterway
Suitability Assessment, a formal risk assessment evaluating the various
safety and security aspects associated with the Sparrows Point LNG
proposed project. This risk assessment will be accomplished through a
series of workshops focusing on the areas of waterways safety, port
security, and consequence management, with involvement from a broad
cross-section of government and port stakeholders with expertise in
each of the respective areas. The workshops will be by invitation only.
However, comments received during the public comment period will be
considered as input in the risk assessment process. The results of the
Waterway Suitability Assessment will be submitted to the Coast Guard to
be used in determining whether the waterway is suitable for LNG
traffic.
    This NOI is being sent to Federal, state, and local government
agencies; elected officials; affected landowners; environmental and
public interest groups; Indian tribes and regional Native American
organizations; commentors and other interested parties; and local
libraries and newspapers. We encourage government representatives to
notify their constituents of this planned project and encourage them to
comment on their areas of concern.

Summary of the Proposed Project

    The proposed project will consist of a 1.5 billion standard cubic
feet per day (bscfd) LNG import terminal with unloading platforms,
process equipment, boil-off compression system, and storage tanks, and
a 28-inch-diameter, 87-mile send-out pipeline with ancillary facilities
such as metering and flow-control facilities.

LNG Terminal Marine Facility

    The Sparrows Point LNG Terminal will consist of the following:
     500-foot marine finger pier/access trestle and unloading
platform, supporting two unloading berths;
     Breasting and mooring dolphins;
     Turning basin and entrance channel
     Aids to navigation;
     Retractable security barrier;
     Three 1 million barrel (160,000 m3) net
capacity full containment LNG storage tanks.
     Process equipment;
     Boil-off gas (BOG) compression system; and
     Electrical, control, and hazard protection system.

Sendout Pipeline

    The Mid-Atlantic Express sendout pipeline will consist of the
following:
     A 87-mile, 28-inch-diameter natural gas pipeline with
capacity to deliver 1.5 bscfd, and a maximum allowable operating
pressure (MAOP) of 2200 pounds per square inch (psig).
     A SCADA system for remote monitoring, control and leak
detection;
     Local interconnections with the Baltimore Gas & Electric
(BG&E) pipeline system;
     Three interconnections with Columbia, Tetco and Transco
pipeline systems near Eagle, PA.
     Mainline valve facilities, at approximately four to six
locations;
     Metering, flow control/pressure control, and security
systems; and
     Scrapper launcher/receiver facilities (pigging
facilities).
    AES and Mid-Atlantic Express propose to begin construction of the
project in mid-2007 with a projected in-service date of the 1st quarter
of 2011.
    A location map depicting AES's proposed facilities, including its
preferred pipeline route and several pipeline options, is attached to
this NOI as Appendix 1 (Figures 1 and 2).\2\
---------------------------------------------------------------------------

    \2\ The appendices referenced in this notice are not being
printed in the Federal Register. Copies are available on the
Commission's Web site (excluding maps) at the ``e-Library'' link or
from the Commission's Public Reference Room or call<PHONE_NUMBER>.
For instructions on connecting to e-Library refer to the end of this
notice. Copies of the appendices were sent to all those receiving
this notice in the mail.

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

The EIS Process

    The NEPA requires the Commission to take into account the
environmental impacts that could result from an action when it
considers whether or not an LNG import terminal or an interstate
natural gas pipeline should be approved. The FERC will use the EIS to
consider the environmental impacts that could result if it issues
project authorizations to AES and Mid-Atlantic Express under sections 3
and 7 of the Natural Gas Act. The NEPA also requires us to discover and
address concerns the public may have about proposals. This process is
referred to as ``scoping.'' The main goal of the scoping process is to
focus the analysis in the EIS on the important environmental issues.
With this NOI, the Commission staff is requesting public comments on
the scope of the issues to be addressed in the EIS. All comments
received will be considered during preparation of the EIS.
    In the EIS we will discuss impacts that could occur as a result of
the construction, operation, maintenance, and abandonment of the
proposed project under these general headings:
     Geology and Soils
     Water Resources
     Aquatic Resources
     Vegetation and Wildlife
     Threatened and Endangered Species
     Land Use, Recreation, and Visual Resources
     Cultural Resources
     Socioeconomics
     Marine Transportation
     Air Quality and Noise
     Reliability and Safety
     Cumulative Impacts
    In the EIS, we will also evaluate possible alternatives to the
proposed project or portions of the project, and make recommendations
on how to lessen or avoid impacts on affected resources.
    Our independent analysis of the issues will be included in a draft
EIS. The draft EIS will be mailed to federal, state, and local
government agencies; elected officials; affected landowners;
environmental and public interest groups; Indian tribes and regional
Native American organizations; commentors; other interested parties;
local libraries and newspapers; and the FERC's official service list
for this proceeding. A 45-day comment period will be allotted for
review of the draft EIS. We will consider all comments on the draft EIS
and revise the document, as necessary, before issuing a final EIS. We
will consider all comments on the final EIS before we make our
recommendations to the Commission. To ensure that your comments are
considered, please follow the instructions in the Public Participation
section of this NOI.
    Although no formal application has been filed, the FERC staff has
already initiated its NEPA review under its pre-filing process. The
purpose of the pre-filing process is to encourage early involvement of
interested stakeholders and to identify and resolve issues before an
application is filed with the FERC. In addition, the Coast Guard, which
would be responsible for reviewing the maritime safety and security
aspects of the planned project and regulating maritime safety and
security if the project is approved, has initiated its review of the
project as well.
    With this NOI, we are asking federal, state, and local agencies
with jurisdiction and/or special expertise with respect to
environmental issues, especially those identified in Appendix 2, to
express their interest in becoming cooperating agencies for the
preparation of the EIS. These agencies may choose to participate once
they have evaluated the proposal relative to their responsibilities.
Agencies that would like to request cooperating agency status should
follow the instructions for filing comments provided in Appendix 2.

Currently Identified Environmental Issues

    We have already identified issues that we think deserve attention
based on a preliminary review of the project area, the planned facility
information provided by AES and Mid-Atlantic Express, and the public
open houses sponsored by AES and attended by FERC. This preliminary
list of issues, which is presented below, may be revised based on your
comments and our continuing analyses.
     Impact of LNG ship traffic on other Chesapeake Bay and
Patapsco River users, including fishing and recreational boaters.
     Safety issues relating to LNG ship traffic, including
transit through Chesapeake Bay, passage under the Bay Bridge, and
transit through the Brewerton Channel to Sparrows Point.
     Potential impacts on residents in the project area,
including safety issues at the import and storage facility, noise, air
quality, and visual resources.
     Potential impacts of the construction of the LNG terminal
and the pipeline on property values.
     Potential impacts of dredging contaminated sediments on
water quality and estuarine fishery resources (contaminants may include
tri-butyl tin and PCBs).
     Project impacts on threatened and endangered species.
     Project impacts on wetlands, vegetation, and wildlife
habitat.
     Project impacts on cultural resources.

Public Participation

    You can make a difference by providing us with your specific
comments or concerns about the planned project. By becoming a
commentor, your concerns will be addressed in the EIS and considered by
the Commission. Your comments should focus on the potential
environmental effects, reasonable alternatives (including alternative
facility sites and pipeline routes), and measures to avoid or lessen
environmental impacts. The more specific your comments, the more useful
they will be. To ensure that your comments are timely and properly
recorded, please follow these instructions:
     Send an original and two copies of your letter to: Magalie
R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First
St., NE., Room 1A, Washington, DC 20426.
     Label one copy of your comments for the attention of Gas
Branch 2, DG2E.
     Reference Docket No. PF06-22-000 on the original and both
copies.
     Mail your comments so that they will be received in
Washington, DC on or before June 16, 2006. Appropriate copies will be
provided to the Coast Guard.
    The Commission strongly encourages electronic filing of any
comments in response to this NOI. For information on electronically
filing comments, please see the instructions on the Commission's Web
site at http://www.ferc.gov under the ``e-Filing'' link and the link to

the User's Guide as well as information in 18 CFR 385.2001(a)(1)(iii).
Before you can file comments you will need to create a free account,
which can be accomplished on-line.
    The public scoping meetings (dates, times, and locations listed
above) are designed to provide another opportunity to offer comments on
the proposed project. Interested groups and individuals are encouraged
to attend the meetings and to present comments on the environmental
issues that they believe should be addressed in the EIS. A transcript
of each meeting will be

generated so that your comments will be accurately recorded.
    Once AES and Mid-Atlantic Express formally file their application
with the Commission, you may want to become an ``intervenor,'' which is
an official party to the proceeding. Intervenors play a more formal
role in the process and are able to file briefs, appear at hearings,
and be heard by the courts if they choose to appeal the Commission's
final ruling. An intervenor formally participates in a Commission
proceeding by filing a request to intervene. Instructions for becoming
an intervenor are included in the User's Guide under the ``e-filing''
link on the Commission's Web site. Please note that you may not request
intervenor status at this time. You must wait until a formal
application is filed with the Commission.

Environmental Mailing List

    If you wish to remain on the environmental mailing list, please
return the attached Mailing List Retention Form (Appendix 3 of this
NOI). If you do not return this form, we will remove your name from our
mailing list.
    To reduce printing and mailing costs, the draft and final EIS will
be issued in both compact disk (CD-ROM) and hard copy formats. The FERC
strongly encourages the use of CD-ROM format in its publication of
large documents. Thus, all recipients will automatically receive the
EIS on CD-ROM. If you wish to receive a paper copy of the draft EIS
instead of a CD-ROM, you must indicate that choice on the return
mailer.

Additional Information

    Additional information about the project is available from the
Commission's Office of External Affairs, at 1-866-208-FERC (3372) or on
the FERC Internet Web site (http://www.ferc.gov) using the ``eLibrary

link.'' Click on the eLibrary link, select ``General Search'' and enter
the project docket number excluding the last three digits (i.e., PF06-
22) in the ``Docket Number'' field. Be sure you have selected an
appropriate date range. For assistance with eLibrary, the eLibrary
helpline can be reached at 1-866-208-3676, TTY<PHONE_NUMBER>, or by e-
mail at<EMAIL_ADDRESS>The eLibrary link on the FERC
Internet website also provides access to the texts of formal documents
issued by the Commission, such as orders, notices, and rule makings.
    In addition, the FERC now offers a free service called
eSubscription that allows you to keep track of all formal issuances and
submittals in specific dockets. This can reduce the amount of time you
spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. To register for this service, go to http://www.ferc.gov/esubscribenow.htm
.

    Public meetings or site visits will be posted on the Commission's
calendar located at http://www.ferc.gov/EventCalendar/EventsList.aspx

along with other related information.
    Finally, AES has established an Internet Web site for this project
at http://www.AESsparrowspointLNG.com. The Web site includes a project

overview, status, answers to frequently asked questions, and links to
related documents. You can also request additional information by
calling AES directly at<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
[FR Doc. E6-7888 Filed 5-23-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 29 (Friday, February 12, 2016)]
[Notices]
[Pages 7558-7559]
[FR Doc No: 2016-02908]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2016-0001]

Notice of Adjustment of Statewide Per Capita Indicator for
Recommending a Cost Share Adjustment

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: FEMA gives notice that the statewide per capita indicator for
recommending cost share adjustments for major disasters declared on or
after January 1, 2016, through December 31, 2016, is $137.

DATES: This notice applies to major disasters declared on or after
January 1, 2016.

FOR FURTHER INFORMATION CONTACT: William Roche, Recovery Directorate,
Federal Emergency Management Agency, 500 C Street SW., Washington, DC
20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Pursuant to 44 CFR 206.47, the statewide per
capita indicator that is used to recommend an increase of the Federal
cost share from seventy-five percent (75%) to not more than ninety
percent (90%) of the eligible cost of permanent work under section 406
and emergency work under section 403 and section 407 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act is adjusted
annually. The adjustment to the indicator is based on the Consumer
Price Index for All Urban Consumers published annually by the U.S.
Department of Labor. For disasters declared on January 1, 2016, through
December 31, 2016, the qualifying indicator is $137 per capita of state
population.
    This adjustment is based on an increase of 0.7 percent in the
Consumer Price Index for All Urban Consumers for the 12-month period
that ended December 2015. The Bureau of Labor

Statistics of the U.S. Department of Labor released the information on
January 20, 2016.

(The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2016-02908 Filed 2-11-16; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 78, Number 86 (Friday, May 3, 2013)]
[Notices]
[Page 26024]
[FR Doc No: 2013-10468]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 2

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

    Docket Numbers: ER13-1340-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: 2013-04-25 Schedule 2 LBA References to be effective
8/1/2013.
    Filed Date: 4/25/13.
    Accession Number: 20130425-5135.
    Comments Due: 5 p.m. ET 5/16/13.

    Docket Numbers: ER13-1342-000.
    Applicants: Central Hudson Gas & Electric Corporation.
    Description: Amendment to Interconnection Agreement No. 260 to be
effective 4/25/2013.
    Filed Date: 4/25/13.
    Accession Number: 20130425-5148.
    Comments Due: 5 p.m. ET 5/16/13.

    Docket Numbers: ER13-1343-000.
    Applicants: EDF Trading North America, LLC.
    Description: Revised MBR Tariff to be effective 4/26/2013.
    Filed Date: 4/25/13.
    Accession Number: 20130425-5151.
    Comments Due: 5 p.m. ET 5/16/13.

    Docket Numbers: ER13-1344-000.
    Applicants: EDF Industrial Power Services (NY), LLC.
    Description: Revised Rate Schedule to be effective 4/26/2013.
    Filed Date: 4/25/13.
    Accession Number: 20130425-5153.
    Comments Due: 5 p.m. ET 5/16/13.

    Docket Numbers: ER13-1345-000.
    Applicants: EDF Industrial Power Services (IL), LLC.
    Description: Revised Rate Schedule to be effective 4/26/2013.
    Filed Date: 4/25/13.
    Accession Number: 20130425-5156.
    Comments Due: 5 p.m. ET 5/16/13.
    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: April 25, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-10468 Filed 5-2-13; 8:45 am]
BILLING CODE 6717-01-P


PAPERWORK REDUCTION ACT SUBMISSION SAN 3657 Please read the instructions before completing this form. For additional forms or assistance in completing this form, contact your agency's Paperwork Clearance Officer. Send two copies of this form, the collection instrument to be reviewed, the Supporting Statement and any additional documentation to: Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 17th Street NW Washington, DC 20503.

1. Agency/ Subagency originating request Environmental Protection Agency/ Office of Air Quality Planning and Standards 2. OMB control number b. None a__ __ __ __  __ __ __ __ _ 2_ 0 6_ 0_ __ __

3. Type of information collection ( check one) a.

New collection b. Q Revision of a currently approved collection c. Q Extension of a currently approved collection d. Q Reinstatement, without change, of a previously approved collection for which approval has expired e. Q Reinstatement, with change, of a previously approved collection for which approval has expired f. Q Existing collection in use without an OMB control number 4. Type of review requested ( check one) a.

Regular b. Q Emergency  Approval requested by: / / c. Q Delegated 5. Small entities Will this information collection have a significant economic impact on a substantial number of small entities? Q Yes

No For b f, note item A2 of Supporting Statement Instructions 6. Requested expiration date a.

Three years from approval date b. Other Specify: / /___

7. Title NESHAP for Stationary Combustion Turbines ( 40 CFR part 63, subpart YYYY) ( Proposed Rule)

8. Agency form number( s) 1967.01 9. Keywords Clean Air Act, Air pollution control, NESHAP, Stationary combustion turbines, recordkeeping, reporting 10. Abstract The respondents to the information collection are owners or operators of facilities subject to the stationary combustion turbine NESHAP. The information is requested by the agency to determine compliance with the rule. The information will then be used by enforcement agencies to verify that sources subject to the standard are meeting the emission reductions mandated by the Clean Air Act.

11. Affected public ( Mark primary with " P" and all others that apply with " X") a. Individuals or households d. Farms b. P Business or other for profit e. x Federal Government c. Not for profit institutions f. x State, Local or Tribal Government 12. Obligation to respond ( Mark primary with " P" and all others that apply with " X") a. Q Voluntary b. Q Required to obtain or retain benefits c. P Mandatory 13. Annual reporting and recordkeeping hour burden a. Number of respondents 207 b. Total annual responses 420 1. Percentage of these responses collected electronically 0 % c. Total hours requested 1 d. Current OMB inventory 0 e. Difference 1 f. Explanation of difference 1. Program Change 1 2. Adjustment 0 14. Annual reporting and recordkeeping cost burden ( in thousands of dollars) a. Total annualized capital/ startup costs $ 1 b. Total annual costs ( O& M) $ 1 c. Total annualized cost requested $ 2 d. Current OMB inventory $ 0 e. Difference $ 2 f. Explanation of difference 1. Program change $ 2 2. Adjustment $ 0 15. Purpose of information collection ( Mark Primary With " P" and all others that apply with " X") a. __ Application for benefits e. __ Program planning or management b. __ Program evaluation f. __ Research c. __ General purpose statistics g. P Regulatory or compliance d. __ Audit 16. Frequency of recordkeeping or reporting ( check all that apply) a.

Recordkeeping b. Q Third party disclosure c. Reporting 1. Q On occasion 2. Q Weekly 3. Q Monthly 4. Q Quarterly 5.

Semi annually 6. Q Annually 7. Q Biennially 8. Q Other ( describe)

17. Statistical methods Does this information collection employ statistical methods?

Q Yes

No 18. Agency contact ( person who can best answer questions regarding the content of this submission) Name: Sims Roy, EPA OAQPS ESD Phone: ( 919) 541 5263 OMB 83 I 10/ 95 19. Certification Paperwork Reduction Act Submissions On behalf of this Federal agency, 1 certify that the collection of information encompassed by this request complies with 5 CFR 1320.9.

NOTE: The text of 5 CFR 1320.9, and the related provisions of 5 CFR 1320.8( b)( 3), appear at the end of the instructions. The certification is to be made with reference to those regulatory provisions as set forth in the instructions.

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

( a) It is necessary for the proper performance of agency functions;

( b) It avoids unnecessary duplication;

( c) It reduces burden on small entities;

( d) It uses plain, coherent, and unambiguous terminology that is understandable to respondents;

( e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

( f) It indicates the retention periods for recordkeeping requirements;

( g) It informs respondents of the information called for under 5 CFR 1320.8( b)( 3): ( i) Why the information is being collected; ( ii) Use of information; ( iii) Burden estimate; ( iv) Nature of response ( voluntary, required for a benefit, or mandatory); ( v) Nature and extent of confidentiality; and ( vi) Need to display currently valid OMB control number;

( h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected ( see note in Item 19 of the instructions);

( i) It uses effective and efficient statistical survey methodology; and ( j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item below and explain the reason in Item 18 of the Supporting Statement.

Signature of Program Official Date Signature of Senior Official or designee Joseph Retzer, Director Regulatory Information Division Office of Regulatory Management and Evaluation ( OPPE) Date OMB 83 I 10/ 95


[Federal Register Volume 75, Number 236 (Thursday, December 9, 2010)]
[Notices]
[Page 76777]
[FR Doc No: 2010-30619]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Public Notice for a Change in Use of Aeronautical Property at
Houlton International Airport, Houlton, Maine

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Request for Public Comments.

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

SUMMARY: The FAA is requesting public comment on the Town of Houlton,
Maine's request to change a portion (36,450 s.f.) of Airport property
from aeronautical use to non-aeronautical use. The property is located
on Industrial Drive adjacent to Houlton International Corporation. The
property will be used to expand Houlton international Corporation's
facility. The property was acquired from the United States Government
under Surplus Property Deed dated July 14, 1947.
    The disposition of proceeds from the disposal of airport property
will be in accordance with FAA's Policy and Procedures Concerning the
Use of Airport Revenue, published in the Federal Register on February
16, 1999.
    Section 125 of The Wendell H. Ford Aviation Investment and Reform
Act for the 21St Century (AIR 21) requires the FM to provide an
opportunity for public notice and comment to the ``waiver'' or
``modification'' of a sponsor's Federal obligation to use certain
airport property for aeronautical purposes.

DATES: Comments must be received on or before January 10, 2011.

ADDRESSES: Documents are available for review by appointment by
contacting Mr. Douglas Hazlett, Town Manager, Telephone<PHONE_NUMBER> or
by contacting Donna R. Witte, Federal Aviation Administration, 16 New
England Executive Park, Burlington, Massachusetts, Telephone 781-238-
7624.

FOR FURTHER INFORMATION CONTACT: Donna R. Witte at the Federal Aviation
Administration, 12 New England Executive Park, Burlington,
Massachusetts 01803, Telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The following is a legal description of the
property located in the Town of Houlton, County of Aroostook, State of
Maine as shown on a land survey prepared by Swallow Associates entitled
``Survey of Land for Shiretown Development Corp. Being Land at Houlton
International Airport, Houlton, Maine'' Said parcel is more
particularly described as follows: Commencing at the southwesterly
corner of the land conveyed to the Shiretown Development Corporation by
the Town of Houlton in a deed dated October 22, 2004, and recorded in
Book 4057, Page 286 in the Southern Aroostook Registry of Deeds; thence
northerly on the west line of said Shiretown Development Corporation
parcel on a course bearing North nine degrees fifty-three minutes
forty-three seconds East (N 09 53' 43'' E) for a distance of six
hundred and zero-hundredths (600.00) feet to a \1/2\'' pin found at the
northwest corner of said Shiretown Development Corporation parcel;
thence westerly on an extension of the north line of said Shiretown
Development Corporation parcel on a course bearing North eighty degrees
six minutes seventeen seconds West (N 80 06' 17'' W) for a distance of
sixty and ninety-hundredths (60.90) feet to a point; thence southerly
on a course bearing South nine degrees fifty-three minutes forty-three
seconds East (S 09 53' 43'' E) for a distance of six hundred and zero
hundredths (600.00) feet to a point; thence easterly on a course
bearing South eighty degrees six minutes seventeen seconds East (S 80
06' 17'' E) for a distance of sixty and ninety hundredths (60.90) feet
to the point of beginning.
    The basis of bearings for this description is magnetic from compass
observation of February 4, 2008.
    The above described parcel contains 36,450 square feet.

    Issued in Burlington, Massachusetts, on November 19, 2010.
Bill Watson,
Acting Manager, Airports Division, New England Region.
[FR Doc. 2010-30619 Filed 12-8-10; 8:45 am]
BILLING CODE 4910-13-M


[Federal Register Volume 80, Number 98 (Thursday, May 21, 2015)]
[Notices]
[Pages 29320-29321]
[FR Doc No: 2015-12336]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2013-0677; FRL-9927-42]

Receipt of Test Data Under the Toxic Substances Control Act

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: EPA is announcing its receipt of test data submitted pursuant
to a test rule issued by EPA under the Toxic Substances Control Act
(TSCA). As required by TSCA, this document identifies each chemical
substance and/or mixture for which test data have been received; the
uses or intended uses of such chemical substance and/or mixture; and
describes the nature of the test data received. Each chemical substance
and/or mixture related to this announcement is identified in Unit I.
under SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT:  For technical information contact:
Kathy Calvo, Chemical Control Division (7405M), Office of Pollution
Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number:
(202) 564-8089; email address<EMAIL_ADDRESS>    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Chemical Substances and/or Mixtures

    Information about the following chemical substances and/or mixtures
is provided in Unit IV.:
    A. 2-Butenedioic acid (2E)-, di-C8-18-alkyl esters (CAS RN 68610-
90-2).
    B. Phenol, 2,4-bis(1-methyl-1-phenylethyl)-6-[2-(2-
nitrophenyl)diazenyl]- (CAS RN 70693-50-4).

II. Federal Register Publication Requirement

    Section 4(d) of TSCA (15 U.S.C. 2603(d)) requires EPA to publish a
notice in the Federal Register reporting the receipt of test data
submitted pursuant to test rules promulgated under TSCA section 4 (15
U.S.C. 2603).

III. Docket Information

    A docket, identified by the docket identification (ID) number EPA-
HQ-OPPT-2013-0677, has been established for this Federal Register
document that announces the receipt of data. Upon EPA's completion of
its quality assurance review, the test data received will be added to
the docket for the TSCA section 4 test rule that required the test
data. Use the docket ID number provided in Unit IV. to access the test
data in the docket for the related TSCA section 4 test rule.
    The docket for this Federal Register document and the docket for
each related TSCA section 4 test rule is

available electronically at http://www.regulations.gov or in person at
the Office of Pollution Prevention and Toxics Docket (OPPT Docket),
Environmental Protection Agency Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW.,
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Public Reading Room is<PHONE_NUMBER>, and the telephone
number for the OPPT Docket is<PHONE_NUMBER>. Please review the visitor
instructions and additional information about the docket available at
http://www.epa.gov/dockets.

IV. Test Data Received

    This unit contains the information required by TSCA section 4(d)
for the test data received by EPA.

A. 2-Butenedioic acid (2E)-, di-C8-18-alkyl esters (CAS RN 68610-90-2)

    1. Chemical Use(s): Industrial manufacturing lubricant.
    2. Applicable Test Rule: Chemical testing requirements for third
group of high production volume chemicals (HIPV3), 40 CFR (799.5089).
    3. Test Data Received: The following listing describes the nature
of the test data received. The test data will be added to the docket
for the applicable TSCA section 4 test rule and can be found by
referencing the docket ID number provided. EPA reviews of test data
will be added to the same docket upon completion.
    a. Physical/Chemical Properties (A1, A2, A3, A3, A4, A4, A5). The
docket ID number assigned to this data is EPA-HQ-OPPT-2009-0112.
    b. Ready Biodegradation (B). The docket ID number assigned to this
data is EPA-HQ-OPPT-2009-0112.
    c. Aquatic Toxicity Studies (Fish) (Daphnid) (Algal) (C1). The
docket ID number assigned to this data is EPA-HQ-OPPT-2009-0112.
    d. Mammalian Toxicity--Acute (D). The docket ID number assigned to
this data is EPA-HQ-OPPT-2009-0112.
    e. Mammalian Toxicity--Genotoxicity Studies (E1, E2). The docket ID
number assigned to this data is EPA-HQ-OPPT-2009-0112.
    B. Phenol, 2,4-bis(1-methyl-1-phenylethyl)-6-[2-(2-
nitrophenyl)diazenyl]- (CAS RN 70693-50-4)
    1. Chemical Use(s): UV absorber or light stabilizer for plastics.
    2. Applicable Test Rule: Chemical testing requirements for third
group of high production volume chemicals (HIPV3), 40 CFR (799.5089).
    3. Test Data Received: The following listing describes the nature
of the test data received. The test data will be added to the docket
for the applicable TSCA section 4 test rule and can be found by
referencing the docket ID number provided. EPA reviews of test data
will be added to the same docket upon completion.
    a. Aquatic Toxicity (Algal) (C). The docket ID number assigned to
this data is EPA-HQ-OPPT-2009-0112.
    b. Aquatic Toxicity (Chronic Daphnid) (C1). The docket ID number
assigned to this data is EPA-HQ-OPPT-2009-0112.
    c. Mammalian Toxicity--Genotoxicity Acute (E1). The docket ID
number assigned to this data is EPA-HQ-OPPT-2009-0112.
    d. Mammalian Toxicity--Genotoxicity (E2). The docket ID number
assigned to this data is EPA-HQ-OPPT-2009-0112.
    e. Mammalian Toxicity--Repeat Dose/Reproductive/Developmental
Studies (F1). The docket ID number assigned to this data is EPA-HQ-
OPPT-2009-0112.
    f. Mammalian Toxicity--Acute (D). The docket ID number assigned to
this data is EPA-HQ-OPPT-2009-0112.
    g. IUCLID Data Summary containing Physical and Chemical Properties,
Biodegradation, and Toxicity Endpoints (A1-5) (B) (C) (C). The docket
ID number assigned to this data is EPA-HQ-OPPT-2009-0112.

    Authority: 15 U.S.C. 2601 et seq.

    Dated: May 13, 2015.
Maria J. Doa,
Director, Chemical Control Division, Office of Pollution Prevention and
Toxics.
[FR Doc. 2015-12336 Filed 5-20-15; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 109 (Wednesday, June 6, 2018)]
[Notices]
[Page 26282]
[FR Doc No: 2018-12162]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2009-0022; FRL -9978-95-OAR]

Proposed Information Collection Request; Comment Request; Acid
Rain Program Under Title IV of the Clean Air Act Amendments (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency is planning to submit an
information collection request (ICR), ``Acid Rain Program under Title
IV of the Clean Air Act Amendments (Renewal)'' (EPA ICR No. 1633.17,
OMB Control No. 2060-0258) to the Office of Management and Budget (OMB)
for review and approval in accordance with the Paperwork Reduction Act.
Before doing so, EPA is soliciting public comments on specific aspects
of the proposed information collection as described below. This is a
proposed extension of the ICR, which is currently approved through
November 30, 2018. 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.

DATES: Comments must be submitted on or before August 6, 2018.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OAR-
2009-0022, online using www.regulations.gov (our preferred method), by
email to [email protected], or by mail to: EPA Docket Center,
Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania
Ave. NW, Washington, DC 20460.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Karen VanSickle, Clean Air Markets
Division, Office of Air and Radiation, (6204M), Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460;
telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; email
address: [email protected].

SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
the information that the EPA will be collecting are available in the
public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Pursuant to section 3506(c)(2)(A) of the PRA, EPA is soliciting
comments and information to enable it to: (i) Evaluate whether the
proposed collection of information is necessary for the proper
performance of the functions of the Agency, including whether the
information will have practical utility; (ii) evaluate the accuracy of
the Agency's estimate of the burden of the proposed collection of
information, including the validity of the methodology and assumptions
used; (iii) enhance the quality, utility, and clarity of the
information to be collected; and (iv) minimize the burden of the
collection of information on those who are to respond, including
through the use of appropriate automated electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses. EPA
will consider the comments received and amend the ICR as appropriate.
The final ICR package will then be submitted to OMB for review and
approval. At that time, EPA will issue another Federal Register notice
to announce the submission of the ICR to OMB and the opportunity to
submit additional comments to OMB.
    Abstract: The Acid Rain Program was established under Title IV of
the 1990 Clean Air Act Amendments to address acid deposition by
reducing emissions of sulfur dioxide (SO2) and nitrogen
oxides (NOX). This information collection extension is
necessary to continue implementation of the Acid Rain Program. It
includes burden and costs associated with developing and modifying
permits, complying with NOX permitting requirements,
monitoring emissions, transferring allowances, participating in the
annual allowance auctions, and participating in the program as an opt-
in source.
    Form Numbers: Agent Notice of Delegation #5900-172, Certificate of
Representation #7610-1, General Account Form #7610-5, Allowance
Transfer Form #7610-6, Retired Unit Exemption #7610-20, Allowance
Deduction #7620-4, Acid Rain Permit Application #7610-16, Acid Rain
NOX Compliance Plan #7610-28, Acid Rain NOX
Averaging Plan #7610-29, New Unit Exemption #7610-19, Opt-In Permit
Application #7610-26, Opt-In Utilization Report #7620-9.
    Respondents/affected entities: Electricity generating plants,
industrial sources, and other persons.
    Respondents' Obligation To Respond: Voluntary and mandatory (Clean
Air Act sections 403, 407, 408, 410, 412, and 416).
    Estimated Number of Respondents: 1,234 (total); includes 1,184
sources and 50 non-source entities participating in allowance trading
activities.
    Frequency of Response: On occasion, quarterly, and annually.
    Total Estimated Burden: 1,873,880 hours (per year). Burden is
defined at 5 CFR 1320.03(b).
    Total Estimated Cost: $276,159,952 (per year); includes
$139,339,770 annualized capital or operation & maintenance costs.
    Changes in Estimates: There is a decrease of 249,525 hours in the
total estimated respondent burden compared with the ICR currently
approved by OMB. The decrease is principally due to source retirements,
which have both reduced the estimated overall number of affected
sources and shifted the estimated mix of monitoring methodologies used.
The other factors contributing to the decrease in burden are reductions
in the estimated numbers of allowance transfer and deduction
submissions, expected opt-in sources, and allowance auction bids.

    Dated: May 23, 2018.
Reid P. Harvey,
Director, Clean Air Markets Division, Office of Atmospheric Programs,
Office of Air and Radiation.
[FR Doc. 2018-12162 Filed 6-5-18; 8:45 am]
BILLING CODE 6560-50-P