[Federal Register Volume 87, Number 135 (Friday, July 15, 2022)]
[Notices]
[Page 42532]
[FR Doc No: 2022-15123]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-9524; File No. SR-CboeEDGA-2021-025]

Self-Regulatory Organizations; Cboe EDGA Exchange, Inc.; Notice
of Withdrawal of a Proposed Rule Change, as Modified by Amendment No.
1, To Introduce a New Data Product To Be Known as the Short Volume
Report

July 11, 2022.
    On November 17, 2021, Cboe EDGA Exchange, Inc. (``Exchange'') filed
with the Securities and Exchange Commission (``Commission''), pursuant
to Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'')
\1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to amend
Exchange Rule 13.8(h) to introduce a new data product to be known as
the Short Volume Report. The proposed rule change was published for
comment in the Federal Register on December 7, 2021.\3\ On January 20,
2022, pursuant to Section 19(b)(2) of the Act,\4\ the Commission
designated a longer period within which to approve the proposed rule
change, disapprove the proposed rule change, or institute proceedings
to determine whether to disapprove the proposed rule change.\5\ On
March 7, 2022, the Commission instituted proceedings under Section
19(b)(2)(B) of the Act \6\ to determine whether to approve or
disapprove the proposed rule change.\7\ On March 30, 2022, the Exchange
filed Amendment No. 1 to the proposed rule change, which superseded the
proposed rule change as originally filed.\8\ The proposed rule change,
as modified by Amendment No. 1, was published for comment in the
Federal Register on April 28, 2022.\9\ On June 2, 2022, the Commission
extended the period for consideration of the proposed rule change to
August 4, 2022.\10\ On June 30, 2022, the Exchange withdrew the
proposed rule change, as modified by Amendment No. 1 (CboeEDGA-2021-
025).
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 93694 (December 1,
2021), 86 FR 69299. The comment letters received on the proposed
rule change are available on the Commission's website at: https://www.sec.gov/comments/sr-cboeedga-2021-025/srcboeedga2021025.htm.
    \4\ 15 U.S.C. 78s(b)(2).
    \5\ See Securities Exchange Act Release No. 94007, 87 FR 4072
(January 26, 2022). The Commission designated March 7, 2022, as the
date by which it should approve, disapprove, or institute
proceedings to determine whether to disapprove the proposed rule
change.
    \6\ 15 U.S.C. 78s(b)(2)(B).
    \7\ See Securities Exchange Act Release No. 94367, 87 FR 14058
(March 11, 2022).
    \8\ Amendment No. 1 is available at https://www.sec.gov/comments/sr-cboeedga-2021-025/srcboeedga2021025-20121776-273839.pdf.
    \9\ See Securities Exchange Act Release No. 94782 (April 22,
2022), 87 FR 25320.
    \10\ See Securities Exchange Act Release No. 95028, 87 FR 34920
(June 8, 2022).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-15123 Filed 7-14-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 71 (Monday, April 14, 2014)]
[Proposed Rules]
[Pages 20818-20819]
[FR Doc No: 2014-08269]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 79, No. 71 / Monday, April 14, 2014 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2014-0240; Notice No. 25-14-02-SC]

Special Conditions: Embraer S.A.; Model EMB-550 Airplane; Stowage
Compartment Fire Protection

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed special conditions.

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SUMMARY: This action proposes special conditions for the Embraer S.A.
Model EMB-550 airplane. This airplane will have a novel or unusual
design feature when compared to the state of technology and design
envisioned in the airworthiness standards for transport category
airplanes. This design feature is the installation of a stowage
compartment in the lavatory to store passenger belongings. The
isolation of this stowage compartment from the main cabin could hinder
the ability of the flight crew to detect a fire. The applicable
airworthiness regulations do not contain adequate or appropriate safety
standards for this design feature. These proposed special conditions
contain the additional safety standards that the Administrator
considers necessary to establish a level of safety equivalent to that
established by the existing airworthiness standards.

DATES: Send your comments on or before May 14, 2014.

ADDRESSES: Send comments identified by docket number FAA-2014-0240
using any of the following methods:
     Federal eRegulations Portal: Go to http://www.regulations.gov/ and follow the online instructions for sending
your comments electronically.
     Mail: Send comments to Docket Operations, M-30, U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room
W12-140, West Building Ground Floor, Washington, DC, 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: The FAA will post all comments it receives, without
change, to http://www.regulations.gov/, including any personal
information the commenter provides. Using the search function of the
docket Web site, anyone can find and read the electronic form of all
comments received into any FAA docket, including the name of the
individual sending the comment (or signing the comment for an
association, business, labor union, etc.). DOT's complete Privacy Act
Statement can be found in the Federal Register published on April 11,
2000 (65 FR 19477-19478), as well as at http://DocketsInfo.dot.gov/ gov/.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov/ at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except federal holidays.

FOR FURTHER INFORMATION CONTACT: Robert C. Jones, FAA, Propulsion and
Mechanical Systems Branch, ANM-112, Transport Airplane Directorate,
Aircraft Certification Service, 1601 Lind Avenue SW., Renton,
Washington, 98057-3356; telephone<PHONE_NUMBER>; facsimile (425) 227-
1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite interested people to take part in this rulemaking by
sending written comments, data, or views. The most helpful comments
reference a specific portion of the special conditions, explain the
reason for any recommended change, and include supporting data.
    We will consider all comments we receive on or before the closing
date for comments. We may change these special conditions based on the
comments we receive.

Background

    On May 14, 2009, Embraer S.A. applied for a type certificate for
its new Model EMB-550 airplane. The Model EMB-550 airplane is the first
of a new family of jet airplanes designed for corporate flight,
fractional, charter, and private owner operations. The airplane has a
configuration with low wing and T-tail empennage. The primary structure
is metal with composite empennage and control surfaces. The Model EMB-
550 airplane is designed for 8 passengers, with a maximum of 12
passengers. It is equipped with two Honeywell AS907-3-1E medium bypass
ratio turbofan engines mounted on aft fuselage pylons. Each engine
produces approximately 6,540 pounds of thrust for normal takeoff. The
primary flight controls consist of hydraulically powered fly-by-wire
elevators, ailerons, and rudders controlled by the pilot or copilot
sidestick.

Type Certification Basis

    Under the provisions of 14 CFR 21.17, Embraer S.A. must show that
the Model EMB-550 meets the applicable provisions of part 25, as
amended by Amendments 25-1 through 25-127 thereto.
    If the Administrator finds that the applicable airworthiness
regulations (i.e., 14 CFR part 25) do not contain adequate or
appropriate safety standards for the Model EMB-550 because of a novel
or unusual design feature, special conditions are prescribed under the
provisions of Sec.  21.16.
    Special conditions are initially applicable to the model for which
they are issued. Should the type certificate for that model be amended
later to include any other model that incorporates the same or similar
novel or unusual design feature, the special conditions would also
apply to the other model under Sec.  21.101.
    In addition to the applicable airworthiness regulations and special
conditions, the Model EMB-550 must comply with the fuel vent and
exhaust emission requirements of 14 CFR part 34 and the noise
certification requirements of 14 CFR part 36, and the FAA must issue a
finding of regulatory adequacy under Sec.  611 of Public Law 92-574,
the ``Noise Control Act of 1972.''
    The FAA issues special conditions, as defined in 14 CFR 11.19, in
accordance with Sec.  11.38, and they become part of

the type-certification basis under Sec.  21.17(a)(2).

Novel or Unusual Design Features

    The Model EMB-550 will incorporate the following novel or unusual
design features: A stowage compartment located in the lavatory designed
to store passenger belongings. The stowage compartment may be isolated
from the main passenger cabin by two doors (lavatory and stowage
compartment doors), which could hinder the ability to detect smoke or
fire. The installation of a stowage compartment in the lavatory is a
novel and unusual design feature for which the applicable airworthiness
regulations do not contain adequate or appropriate safety standards.

Discussion

    Embraer did not classify the EMB-550 stowage compartment in the aft
part of the pressurized area as a Class B cargo compartment due to its
relatively small volume of 37 cubic feet. The compartment has a door
that is intended to be closed in all phases of flight but can be opened
to allow passenger access during flight. The lavatory door must be kept
open for takeoff and landing but will likely be kept closed in all
other phases of flight.
    Due to the facts that the stowage compartment is not classified as
a Class B cargo compartment and may be isolated from the main cabin by
two doors during flight, and considering that it will be used to store
passenger belongings, existing requirements for stowage compartments
are not adequate to address fire protection concerns. The isolation
characteristics and the possibility of storing items that may start a
fire create the potential for an undetected fire event.
    Additional safety precautions are required to avoid a situation
where a fire condition remains undetected in an isolated stowage
compartment. The proposed additional safety standards in the stowage
compartment compensate for the increased risk of an undetected fire.

Applicability

    As discussed above, these special conditions are applicable to the
Embraer Model EMB-550. Should Embraer S.A. apply at a later date for a
change to the type certificate to include another model incorporating
the same novel or unusual design feature, the special conditions would
apply to that model as well.

Conclusion

    This action affects only certain novel or unusual design features
on one model of airplanes. It is not a rule of general applicability.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping
requirements.

    The authority citation for these special conditions is as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704.

The Proposed Special Conditions

    Accordingly, the Federal Aviation Administration (FAA) proposes the
following special conditions as part of the type certification basis
for Embraer S.A. Model EMB-550.
    1. Stowage Compartment Fire Protection.
    a. A means for fire detection that meets the provisions of Sec.
25.858 is required regardless of the fact that the compartment is not
classified as a cargo compartment per Sec.  25.857 (only a ``stowage''
compartment). A visual and audible indication of smoke detection that
clearly identifies that smoke has been detected in the stowage
compartment must be provided to the flight or cabin crew.
    b. In addition to the requirements of Sec.  25.851, at least one
hand-held or manually-activated compartment fire extinguisher
appropriate to the kinds of fires likely to occur and, if applicable,
associated protective breathing equipment must be provided in the
lavatory.
    c. Sufficient access must be provided to enable a crew member to
effectively reach any part of the stowage compartment with the content
of a hand-held fire extinguisher.
    d. When the access provisions are being used, no hazardous quantity
of smoke, flames, or extinguishing agent will enter any compartment
occupied by the crew or passengers.
    e. A liner must be provided that meets the requirements of Sec.
25.855 at Amendment 25-60 for a Class B cargo compartment unless it can
be shown that the material used to construct the stowage compartment
meets the flammability requirements by a 60-second vertical test in
lieu of 12-second vertical test and by presenting past test results of
typical panels that meet the 45-degree flame penetration test.

    Issued in Renton, Washington, on April 8, 2014.
John P. Piccola,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-08269 Filed 4-11-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 128 (Tuesday, July 3, 2012)]
[Rules and Regulations]
[Pages 39395-39398]
[FR Doc No: 2012-16307]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2012-0073]
RIN 1625-AA08

Special Local Regulations; Ocean State Tall Ships Festival 2012,
Narragansett Bay, RI

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing temporary special local
regulations on the navigable waters of Narragansett Bay and Newport
Harbor, Rhode Island, for the Ocean State Tall Ships Festival 2012.

DATES: This rule is effective from July 6, 2012 until July 10, 2012.

ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2012-0073. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Edward G. LeBlanc, Waterways Management Division at
Coast Guard Sector Southeastern New England, telephone<PHONE_NUMBER>,
email<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

COTP Captain Of The Port
DHS Department of Homeland Security
FR Federal Register
LLNR Light List Number
NEPA National Environmental Policy Act
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    On March 23, 2012, we published a notice of proposed rulemaking
(NPRM) entitled ``Special Local Regulations: Ocean State Tall Ships
Festival 2012, Narragansett Bay, RI'' in the Federal Register (77 FR
16974). We received no comments on the proposed rule.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. The Ocean State Tall Ships
Festival 2012 begins on July 6, 2012. Delaying the effective date of
this rule beyond July 6, 2012, would be contrary to the public interest
in seeing the festival conducted according to schedule, and would make
it more difficult for the Coast Guard to ensure the safety of vessels
and spectators from hazards associated with this event.

B. Basis and Purpose

    The legal basis for this rule is 33 U.S.C. 1233, which authorizes
the Coast Guard to define Special Local Regulations.
    These temporary special local regulations are necessary to ensure
the safety of vessels and spectators from

hazards associated with the Ocean State Tall Ships Festival 2012.

C. Discussion of Comments, Changes and the Final Rule

    No comments were received, and no changes were made to the language
contained in the NPRM.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
Executive Order 12866 or under section 1 of Executive Order 13563. The
Office of Management and Budget has not reviewed it under that Order.
    We expect the economic impact of this rule to be minimal. These
regulations involve only the southern portion of Narragansett Bay and
will close the East Passage to commercial traffic only for several
hours during the actual Parade of Sail on July 9, 2012. The West
Passage will remain open to vessel traffic at all times. The impact of
these regulations will not be significant because the majority of these
regulations will be in effect for only a portion of one day centered on
the Parade of Sail, and most vessel traffic can pass safely around
affected areas of the East Passage by transiting through the West
Passage, Narragansett Bay.
    Notice of these special local regulations will be provided prior to
the event through the Local Notice to Mariners and Broadcast Notice to
Mariners. In addition, the sponsoring organization, Ocean State Tall
Ships, Inc., will publish information of the event in local newspapers,
pamphlets, internet sites, television and radio broadcasts.
    Mariners will be able to adjust their plans accordingly based on
the extensive advance information.
    Moreover, the Areas created by these special local regulations have
been narrowly tailored to impose the least impact on maritime interests
yet provide the level of safety and protection deemed necessary.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (5 U.S.C. 601-612), as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The Coast Guard
received no comments from the Small Business Administration on this
rule. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    This rule may affect the following entities, some of which might be
small entities: The owners or operators of vessels intending to transit
or anchor in a portion of Narragansett Bay between July 6 and July 9,
2012, particularly during the Parade of Sail on July 9, 2012, when the
navigation channel in the East Passage, Narragansett Bay, will be
closed for a period of time to all traffic except vessels participating
in the Parade of Sail.
    These regulations will not have a significant economic impact on a
substantial number of small entities for the following reasons: The
regulations affecting navigation in the East Passage, Narragansett Bay,
will be in effect temporarily, and only for those periods of time
necessary for the safety of the Ocean State Tall Ships Festival 2012
participants and spectators in boats viewing the Parade of Sail from
waters adjacent to the parade route. The East Passage will remain open
to all vessel traffic for the entire Festival from July 6-8, 2012, and
will only be closed to vessel traffic for several hours during the
Parade of Sail on July 9, 2012. While the East Passage is closed, the
West Passage will remain open and capable of being used by all
recreational and most commercial vessels.
    Notice of these special local regulations will be provided prior to
the event by Local Notice to Mariners and Broadcast Notice to Mariners.
In addition, the sponsoring organization, Ocean State Tall Ships, Inc.,
will publish information of the event in local newspapers, pamphlets,
internet sites, television and radio broadcasts.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule will affect your small
business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed under FOR FURTHER INFORMATION CONTACT. Small
businesses may send comments on the actions of Federal employees who
enforce, or otherwise determine compliance with, Federal regulations to
the Small Business and Agriculture Regulatory Enforcement Ombudsman and
the Regional Small Business Regulatory Fairness Boards. The Ombudsman
evaluates these actions annually and rates each agency's responsiveness
to small business. If you wish to comment on actions by employees of
the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard
will not retaliate against small entities that question or complain
about this rule or any policy or action of the Coast Guard.

4. Collection of Information

    This rule does not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect 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. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

12. Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule establishes temporary special local regulations
to provide for the safety of life and property on the navigable
waterways of Narragansett Bay and Newport Harbor, Rhode Island, during
the Ocean State Tall Ships Festival on July 6-9 2012. This rule is
categorically excluded from further review under paragraph (34)(h) of
figure 2-1 of the Commandant Instruction. An environmental analysis
checklist supporting this determination and a Categorical Exclusion
Determination are available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this rule.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR Part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for Part 100 continues to read as follows:

    Authority:  33 U.S.C. 1233. 33 U.S.C. 1233

0
2. Add Sec.  100.T01-0073 to read as follows:

Sec.  100.T01-0073  Special Local Regulations; Ocean State Tall Ships
2012, Narragansett Bay and Newport Harbor, Rhode Island.

    (a) Regulated Areas:
    (1) Area Newport Harbor: All waters of Newport Harbor within an
area bounded by Aquidneck Island to the east and south; by the Goat
Island Causeway to the north; and by a line extending from the
southernmost tip of Goat Island due south to Aquidneck Island.
    (2) Area Potter Cove: This Area is of the same coordinates as that
portion of charted Anchorage A, as defined in Sec.  110.145(a)(1) of
this chapter, that lies north of the Claiborne Pell/Newport Bridge.
    (3) Area Parade of Sail: Includes all waters of the East Passage,
Narragansett Bay, Rhode, Island, within the following boundaries:
Beginning at position 41[deg]27'19'' N, 71[deg]23'08'' W, then
northward to position 41[deg]28'18'' N, 71[deg]22'14'' W, (Lighted Gong
Buoy ``7'' (LLNR 17800)) then to position 41[deg]28'38'' N,
71[deg]21'15'' W, (Lighted Gong Buoy ``9'' (LLNR 17805)) then to
position 41[deg]29'00'' N, 71[deg]21'00'' W, (Lighted Bell Buoy ``11''
(LLNR 17810)) then to position 41[deg]29'33'' N, 71[deg]21'04'' W, then
to position 41[deg]30'19'', 71[deg]21'04'' W below the Claiborne Pell/
Newport Bridge, then to position 41[deg]31'07'' N, 71[deg]21'17'' W,
then to position 41[deg]31'49'' N, 71[deg]21'26'' W, then to position
41[deg]32'30'' N, 71[deg]21'22'' W, then to position 41[deg]33'00'' N,
71[deg]21'17'' W, then to position 41[deg]33'38'' N, 71[deg]21'00'' W,
(U.S. Navy Buoy ``E'' (LLNR 18035)) then to position 41[deg]33'52'',
71[deg]20'27'' W, (U.S. Navy Buoy ``F'' (LLNR 18040)) then to position
41[deg]33'48'' N, 71[deg]19'55'' W, (the charted Halfway Rock). Area
Parade of Sail will continue southward to position 41[deg]33'14'' N,
71[deg]19'12.5'' W, then to position 41[deg]32'28'' N, 71[deg]19'30.6''
W, then to position 41[deg]31'55'' N, 71[deg]19'42.7'' W, then to
position 41[deg]31'00'' N, 71[deg]20'04'' W, (Lighted Bell Buoy ``14''
(LLNR 17940)) then to position 41[deg]30'28'' N, 71[deg]20'21'' W, then
to position 41[deg]30'12'', 71[deg]20'30'' W below the Claiborne Pell/
Newport Bridge, then to position 41[deg]29'34'' N, 71[deg]20'11'' W,
(Mitchell Rock Gong Buoy ``3'' (LLNR 17865)), then to position
41[deg]28'55'' N, 71[deg]20'19'' W, then to position 41[deg]27'55'' N,
71[deg]21'43'' W, then to position 41[deg]27'27'' N, 71[deg]21'57'' W,
(Bell Buoy ``6'' (LLNR 17790)), then to position 41[deg]26'57'',
71[deg]21'57'' W, then returning to the starting point at
41[deg]27'19'' N, 71[deg]23'08'' W. All coordinates are NAD 1983.
    (b) Special Local Regulations--
    (1) Definitions.
    (i) As used in this section, designated representative means a
Coast Guard Patrol Commander, including a Coast Guard coxswain, petty
officer, or other officer operating a Coast Guard vessel and a Federal,
State, or local officer designated by the Captain of the Port (COTP).
    (ii) Excursion vessel, as used in this sections, refers to any
vessel granted an excursion permit as such term is defined in 46 CFR
2.01-45.
    (iii) Vessel carrying passengers-for-hire, as used in this section,
refers to, but is not limited to, vessels subject to regulation under
Subchapters H, K, and T of Title 46 of the Code of Federal Regulations.
    (2) In accordance with the general regulations in Sec.  100.35 of
this part, entering into, transiting through, anchoring or remaining
within the regulated areas is prohibited unless permitted by this rule
or entry is authorized by the Captain of the Port (COTP) Southeastern
New England or designated representative.
    (3) All persons and vessels are authorized by the COTP Southeastern
New England to enter areas of these special location regulations in
accordance with the following restrictions:
    (i) Area Newport Harbor: Vessels transiting this Area must do so at
a speed of at least three (3) knots or at no wake speed, whichever is
more, while not exceeding six (6) knots. Vessels must not maneuver
within 20 yards of a moored Tall Ship. Vessels must transit this Area
in a counterclockwise direction, entering Newport Harbor from the west,
then proceeding north along the eastern side of the harbor to a turning
point south of the Goat Island causeway in approximate position
41[deg]29'28'' N and 71[deg]19'40'' N, then

proceeding south along the western side of Newport Harbor to the exit
of the Area. Vessels proceeding under sail will not be allowed in Area
Newport Harbor unless also propelled by machinery, due to increased
difficulty in maintaining required speed of advance while sailing as
well as limited maneuvering ability to proceed in a single file behind
numerous other spectator craft viewing the moored Tall Ships.
    (ii) Area Potter Cove: This area is a spectator anchoring area
limited to excursion and passenger-for-hire vessels greater than 50
feet in length carrying passengers for the viewing of the Parade of
Sail. Vessels transiting this Area must do so at a speed of at least
three (3) knots or at no wake speed, whichever is more, while not
exceeding six (6) knots. Vessels transiting this Area must not maneuver
within 20 yards of any vessel lawfully anchored within this area for
the viewing of the Parade of Sail.
    (iii) Area Parade of Sail: This will be closed to all vessel
traffic, except those vessels designated as participants.
    (4) All persons and vessels shall comply with the instructions of
the COTP Southeastern New England or designated representative. Upon
being hailed by a U.S. Coast Guard vessel by siren, radio, flashing
lights, or other means the operator of a vessel shall proceed as
directed.
    (5) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated areas must contact the COTP
Southeastern New England by telephone at<PHONE_NUMBER>, or designated
representatives via VHF radio on channel 16, to request authorization.
If authorization to enter, transit through, anchor in, or remain within
the regulated areas is granted by the COTP Southeastern New England or
designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the COTP
Southeastern New England or designated representative.
    (6) The Coast Guard will provide notice of the regulated areas
prior to the event through the Local Notice to Mariners and Broadcast
Notice to Mariners. Notice will also be provided by on-scene designated
representatives.
    (c) Enforcement Period: This section will be enforced during the
following times.
    (1) Area Newport Harbor, from 6 a.m. on July 6, 2012, to noon on
July 9, 2012.
    (2) Area Potter Cove, from 9 a.m. to 4 p.m. on July 9, 2012.
    (3) Area Parade of Sail, from 9 a.m. to 4 p.m. on July 9, 2012.

    Dated: June 8, 2012.
Verne B. Gifford, Jr.,
Captain, U.S. Coast Guard, Captain of the Port, Southeastern New
England.
[FR Doc. 2012-16307 Filed 7-2-12; 8:45 am]
BILLING CODE 9110-04-P


SUPPORTING STATEMENT FOR EPA INFORMATION COLLECTION REQUEST NUMBER 1189.13 " HAZARDOUS WASTE LISTING FOR ORGANIC DYES AND/ OR PIGMENTS PRODUCTION WASTES"

November 2003 TABLE OF CONTENTS 1. IDENTIFICATION OF THE INFORMATION COLLECTION . . . . . . . . . . . . . . . . . . 1 1( a) Title and Number of the Information Collection . . . . . . . . . . . . . . . . . . . . . . . . . 1 1( b) Short Characterization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2. NEED FOR AND USE OF THE COLLECTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2( a) Need and Authority for the Collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2( b) Practical Utility and Users of the Data . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3( a) Nonduplication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3( b) Public Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3( c) Consultations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3( d) Effects of Less Frequent Collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3( e) General Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3( f) Confidentiality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3( g) Sensitive Questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4. THE RESPONDENTS AND THE INFORMATION REQUESTED . . . . . . . . . . . . 6 4( a) Respondents and SIC/ NAICS Codes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4( b) Information Requested . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 5. THE INFORMATION COLLECTED   AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT . . . . . . . . . . . . . . . . . . 11 5( a) Agency Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 5( b) Collection Methodology and Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 5( c) Small Entity Flexibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 5( d) Collection Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 6. ESTIMATING THE HOUR AND COST BURDEN OF THE COLLECTION . . . . . . 12 6( a) Estimating Respondent Burden Hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 6( b) Estimating Respondent Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 6( c) Estimating Agency Hour and Cost Burden . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 6( d) Estimating the Annual Respondent Universe and Total Hour and Cost Burden . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 6( e) Bottom Line Hour and Cost Burden . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 6( f) Reasons for Change In Burden . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 6( g) Public Burden Statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 1 This ICR uses the terminology " dyes and/ or pigments" to refer to all of the organic dyes and/ or pigments production facilities or processes potentially impacted by the proposed rule. These industries are identified under the Standard Identification Classification ( SIC) as 2865, and under the North American Industrial Classification System ( NAICS) as 325132.

2 These eight CoCs are: aniline, o anisidine, 4 chloroaniline, p cresidine, 2,4 dimethylaniline, 1,2 phenylenediamine, 1,3 phenylenediamine, and toluene 2,4 diamine.

3 Under the proposed rule, only one CoC is listed under 40 CFR 261.32( c)( 2): toluene 2,4 diamine.

1 1. IDENTIFICATION OF THE INFORMATION COLLECTION 1( a) Title and Number of the Information Collection This Information Collection Request ( ICR) is entitled " Hazardous Waste Listing for Organic Dyes and/ or Pigments Production Wastes," EPA ICR Number 1189.13.

1( b) Short Characterization The U. S. Environmental Protection Agency ( EPA) is proposing to list nonwastewaters from the production of certain organic dyes, pigments, and food, drug, and cosmetic ( FD& C) colorants1 as hazardous wastes under the Resource Conservation and Recovery Act ( RCRA), as amended, which directs EPA to determine whether these wastes present a hazard to human health and the environment. If these wastes are listed as hazardous waste, they will be subject to stringent management and treatment standards under Subtitle C of RCRA.

EPA is proposing a mass loading based listing approach for organic dyes and/ or pigments production nonwastewaters ( i. e., K181 wastes). Under this approach, these wastes are hazardous if they contain any of eight specific constituents of concern ( CoCs) at annual mass loading levels that meet or exceed regulatory levels. 2 If generators determine that their wastes are below regulatory levels for all CoCs, then their wastes are nonhazardous. If their wastes exceed the regulatory levels for any of the CoCs, the wastes must be managed as listed hazardous wastes unless they ( 1) do not contain annual mass loadings of any constituents identified in proposed 40 CFR 261.32( c)( 2) at or above the corresponding section 261.32( c)( 2) levels3, and ( 2) are disposed of in a Subtitle D landfill cell subject to the design criteria in 40 CFR 258.40 or in a Subtitle C landfill cell subject to either 40 CFR 264.301 or 265.301.

This proposal also would add the toxic constituents o anisidine, p cresidine, 2,4 dimethylaniline, 1,2 phenylenediamine, and 1,3 phenylenediamine associated with these identified wastes to the list of constituents that serves as the basis for classifying wastes as hazardous ( 40 CFR Part 261, Appendix VIII). In addition, the proposal would add o anisidine, p cresidine, 2,4 dimethylaniline, 1,3 phenylenediamine, and toluene 2,4 diamine to the treatment 2 standards applicable to F039 landfill leachate and the Universal Treatment Standards listed at 40 CFR 268.48.

In Sections 1 through 5 of this ICR, EPA presents a comprehensive description of the new information collection requirements resulting from the listing of organic dyes and/ or pigments production nonwastewaters. In Section 6, EPA estimates the total annual hour and cost burden to respondents ( i. e., affected dyes and/ or pigments production facilities) associated with these new paperwork requirements. In addition, EPA estimates in Section 6( d) the total annual hour and costs to generators and subsequent handlers of these nonwastewaters in complying with existing RCRA information collection requirements that apply to newly listed hazardous wastes.

In the following paragraphs, EPA briefly describes the new information collection requirements in the proposed rule.

( 1) Procedures for Demonstrating that Dyes and/ or Pigments Nonwastewaters Are Not K181 Under 40 CFR 261.32, EPA is proposing a mass loading based listing for organic dyes and/ or pigments nonwastewaters, such that generators of these wastes have the option of demonstrating that their specific wastes are not K181 because they do not meet or exceed the annual mass loadings identified in proposed section 261.32( c)( 1). To make this demonstration, generators must follow the procedures under proposed section 261.32( d).

Under 40 CFR 261.32( d), EPA is proposing that all generators could use knowledge of the waste to make an initial determination as to whether any of the regulated constituents are present in the waste. If a generator determines that none of these constituents are present in his wastes at the point of generation, then the generator would have no further obligation for determining whether or not his wastes are K181 listed hazardous wastes ( assuming the regulated constituents are, in fact, not present in the wastes). If the generator determines that any of the constituents are present in his waste, then EPA is proposing that the generator must either demonstrate that the constituent loadings in his waste are below the mass loading levels in the listing or assume that his wastes are hazardous at the point of generation. Under the proposed approach, the generator would need to make an annual determination of whether his mass loading levels are below the listing mass limits through use of knowledge or waste sampling and analysis. If the generator's wastes remained nonhazardous for three consecutive annual nonhazardous determinations and the generator has had no significant changes to his product and/ or manufacturing or treatment processes, the annual determination requirement would be suspended. If the generator made significant changes to product and/ or manufacturing or treatment processes, the annual requirements would be reinstated. EPA is proposing that generators keep limited records on site. 3 ( 2) Recordkeeping Demonstrations for Use of Appropriate Landfills Under the proposal, generators that demonstrate that their wastes contain the K181 constituents in proposed 40 CFR 261.32( c)( 2) below their corresponding listing levels may claim that their wastes are nonhazardous if they dispose of the wastes in a Subtitle D landfill cell subject to the design criteria in 40 CFR 258.40 or in a Subtitle C landfill cell subject to either 40 CFR 264.301 or 265.301. These generators must maintain on site for three years documentation, under proposed 40 CFR 261.32( d)( 4), demonstrating that each shipment of waste was received by a landfill cell subject to the landfill design standards set out in the listing description.

2. NEED FOR AND USE OF THE COLLECTION 2( a) Need and Authority for the Collection EPA is proposing to list organic dyes and/ or pigments nonwastewaters ( i. e., K181 waste) under the authority of Sections 2002( a), 3001( b), 3001( e)( 2), 3004( d)( m), and 3007( a) of RCRA, as amended by the Hazardous and Solid Waste Amendments of 1984 ( HSWA). Section 3001( e)( 2) directs EPA to make a determination of whether or not to list, under Section 3001( b)( 1), wastes from the production of dyes and pigments, among other wastes. Under this authority, EPA has examined dyes and/ or pigments production wastes ( e. g., using risk assessment tools), identified CoCs and their potential risks, and established a " loadings based" approach that would qualify the waste as hazardous under RCRA. Under Sections 2002( a) and 3007( a) of RCRA, EPA is establishing information collection requirements that are needed to ensure that the listed wastes are properly managed and disposed of.

In addition, the proposed rule satisfies EPA's duty under a Consent Decree between EPA and the Environmental Defense ( formerly Environmental Defense Fund ( EDF)). Under this Consent Decree, the Agency is required to " promulgate final listing determinations for azo/ benzidine, anthraquinone, and triarylmethane dye and pigment production wastes on or before February 16, 2005... These listing determinations shall be proposed for public comment on or before November 10, 2003."

2( b) Practical Utility and Users of the Data EPA is proposing that the mass loadings based listing be self implementing, which means that no prior governmental review or approval is needed for the waste to be claimed as nonhazardous. Because of this, EPA believes that the recordkeeping requirements in the proposal are needed to ensure that generators characterize their wastes accurately and reliably, and keep records of the claims on site.

EPA believes the proposed mass loadings based approach allows generators to evaluate the variable wastes they generate individually for hazard, so only wastes that are hazardous are listed. As a result, there should be less burden on dyes and/ or pigments manufacturers than would 4 See " State Phone Calls on On site Waste Management Determination" in the public docket for details.

4 be imposed by a traditional listing that would bring entire wastes into the hazardous waste system, regardless of the characteristics of wastes generated by individual generators. EPA believes the mass loadings based approach is more protective of the environment than a concentration based listing because concentrations can be modified ( e. g., dilution) to the point that a waste might pass the listing criteria, yet still contain sufficient mass to pose a risk to human health or the environment. Finally, a mass loadings based listing approach may provide an incentive for hazardous waste generating facilities to modify their manufacturing processes or treat their wastes.

3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA 3( a) Nonduplication None of the new information required by the proposed rule is duplicative with any information required by the existing RCRA regulations.

3( b) Public Notice To assist the public in commenting on the proposal, EPA raised a number of issues in the preamble to the proposed rule and asked for the public to comment on them. At the end of the comment period, EPA will review public comments received in response to the notice and will address comments received, as appropriate.

3( c) Consultations EPA has made a number of efforts to consult with its stakeholders in developing the proposed rule. In 1992, EPA distributed a detailed RCRA Section 3007 survey to dyes and pigments manufacturing facilities in support of a 1994 proposed listings rule. The questionnaire collected information on the management of the wastes generated by each facility, including waste quantity and how the wastes were managed and disposed of. In addition, EPA contacted companies generating the organic dyes and pigments wastes to update the information in the 1992 survey. The updated information EPA collected includes the quantities of waste generated ( for the year 1997), and the waste management practices used by the facilities for each of the wastes.

In 2002, EPA contacted nine State agencies to learn about the existing status of on site land disposal units located at potential organic dyes and/ or pigments production facilities in those States. 4 None of the State contacts identified any facilities with active on site land disposal units of concern, with the exception of a single facility slated for closure that was described as operating surface impoundments equipped with double high density polyethylene ( HDPE) liners. 5 See meeting summaries available in the public docket for the proposed rule.

5 EPA also met with the three primary trade associations   Color Pigments Manufacturers Association ( CPMA), Ecological and Toxicological Association of Dyes and Organic Pigments Manufacturers ( ETAD), and International Association of Color Manufacturers ( IACM)   in December of 2002.5 The trade associations reviewed the Agency's compilation of available information regarding on site waste management practices at known organic dyes and/ or pigments production facilities. Both CPMA and ETAD collected additional information, and provided input on the status of those identified on site waste management practices.

EPA has requested public comments on the proposed rule. Public comments will be incorporated into the ICR supporting the final rule, as appropriate.

3( d) Effects of Less Frequent Collection Under the proposed rule, generators of organic dyes and/ or pigments nonwastewaters will have to conduct nonhazardous determinations annually to verify that the wastes remain nonhazardous. For facilities that generate 1,000 metric tons or less per year, this determination will be based on knowledge of their wastes. For facilities that generate more than 1,000 metric tons per year, this determination will be based on waste sampling and analysis. These annual testing requirements will be suspended if the wastes remain nonhazardous for three consecutive years of testing. However, if the manufacturing or waste treatment processes generating the wastes are significantly altered, the annual testing requirements will be reinstated.

EPA has carefully considered the information collection burden imposed upon the regulated organic dyes and/ or pigments production community by the proposed rule. EPA is confident that those activities required of respondents are necessary, and to the extent possible, the Agency has attempted to minimize the burden imposed. EPA believes strongly that, if the minimum information collection requirements of the proposed rule are not met, neither the generators nor EPA can ensure that hazardous wastes are being properly managed, and do not pose a serious threat to human health and the environment.

3( e) General Guidelines This ICR adheres to the guidelines stated in the Paperwork Reduction Act of 1995, OMB's implementing regulations, EPA's ICR Handbook, and other applicable OMB guidance.

3( f) Confidentiality Section 3007( b) of RCRA and 40 CFR Part 2, Subpart B, which defines EPA's general policy on public disclosure of information, contain provisions for confidentiality. However, the Agency does not anticipate that businesses will assert a claim of confidentiality covering all or part of the proposed rule. If such a claim were asserted, EPA must and will treat the information in 6 accordance with the regulations cited above. EPA also will assure that this information collection complies with the Privacy Act of 1974 and OMB Circular 108.

3( g) Sensitive Questions No questions of a sensitive nature are included in the information collection requirement associated with the proposed rule.

4. THE RESPONDENTS AND THE INFORMATION REQUESTED 4( a) Respondents and SIC/ NAICS Codes The following is a list of Standard Industrial Classification ( SIC) codes and corresponding North American Industry Classification System ( NAICS) codes associated with industries most likely affected by the information collection requirements covered in this ICR.

Industry Sector SIC Code NAICS Code Flavoring Extracts and Flavoring Syrups Manufacturing 2087 311930 Food Preparations Manufacturing 2099 311942 Industrial Gases Manufacturing 2813 32512 Industrial Inorganic Chemicals Manufacturing 2819 32518, 331311 Biological Products Manufacturing ( Except Diagnostic Substances) 2836 325414 Synthetic Organic Dyes and Pigments Manufacturing 2865 32511, 325132, 325192 Industrial Organic Chemicals Manufacturing 2869 325199 Pesticides and Agricultural Chemicals Manufacturing 2879 32532 Chemicals and Allied Products ( Wholesale trade) 5169 42269 4( b) Information Requested Under 40 CFR 261.32, EPA is proposing a mass loadings based listing for organic dyes and/ or pigments nonwastewaters, such that generators of these wastes have the option of demonstrating that their specific waste is nonhazardous. To have their waste classified as nonhazardous, generators must follow the procedures under proposed section 261.32( d). These procedures are described in the following paragraphs. 7 ( 1) Procedures for Demonstrating that Dyes and/ or Pigments Nonwastewaters Are Not K181 ( a) Determination Based on No K181 Constituents Under proposed 40 CFR 261.32( d)( 1), generators that have knowledge that their waste contains none of the K181 constituents identified in proposed section 261.32( c)( 1) can use their knowledge to determine that their waste is not K181. Generators must keep documentation supporting this annual determination on site for three years.

( i) Data Item:

° Documentation supporting the determination that dyes and/ or pigments nonwastewater is not K181.

( ii) Respondent Activities:

° Determine that the dyes and/ or pigments nonwastewater is not K181;

° Document the basis for determining that the dyes and/ or pigments nonwastewater is not K181; and ° Keep each annual supporting documentation on site.

( b) Determination For Generated Quantities Less Than 1,000 MT/ Yr for Wastes That Contain K181 Constituents Under proposed 40 CFR 261.32( d)( 2), generators can use knowledge of their waste to conclude that mass loadings for the K181 constituents are below the listing levels, if the total annual generation quantity of organic dyes and/ or pigments production nonwastewaters is 1,000 metric tons or less. To make this determination, generators must document that the annual quantity of nonwastewaters expected to be generated is less than 1,000 metric tons, track the actual quantity of nonwastewaters generated over the course of the calendar year ( i. e., from January 1 through December 31 of each year), keep a running total of the K181 constituent mass loadings over the course of the calendar year, and keep specified records on site for three years, as specified in proposed sections 261.32( d)( 2)( i) through ( iv).

( i) Data Items:

° Documentation demonstrating that the annual quantity of organic dyes and/ or pigments production nonwastewaters expected to be generated is less than 1,000 metric tons; 8 ° Quantity of organic dyes and/ or pigments production nonwastewaters generated;

° Relevant process information used; and ° Calculations performed to determine annual total mass loadings for each K181 constituent in the nonwastewaters during the year.

( ii) Respondent Activities:

° Document the basis for determining that the annual quantity of nonwastewaters expected to be generated will be less than 1,000 metric tons;

° Track the actual quantity of nonwastewaters generated over the course of the calendar year;

° Keep a running total of the K181 constituent mass loadings over the course of the calendar year; and ° Keep supporting documentation on site.

( c) Determination for Generated Quantities Greater Than 1,000 MT/ Yr for Wastes That Contain K181 Constituents Under proposed 40 CFR 261.32( d)( 3), generators with a total annual generation quantity of organic dyes and/ or pigments production nonwastewaters greater than 1,000 metric tons must determine which K181 constituents reasonably are expected to be present in their wastes. These generators also must develop a waste sampling and analysis plan ( or modify an existing plan) to collect and analyze representative waste samples for the K181 constituents reasonably expected to be present in the wastes, as specified in section 261.32( d)( 3)( ii). In collecting and analyzing the waste samples, generators must follow the waste sampling and analysis plan ( section 261.32( d)( 3)( iii)).

Under proposed sections 261.32( d)( 3)( iv) through ( viii), generators must record the analytical results, record the waste quantity represented by the sampling and analysis results, calculate constituent specific mass loadings ( i. e., the product of concentrations and waste quantity), keep a running total of the K181 constituent mass loadings over the course of the calendar year, and determine whether the mass of any of the K181 constituents is below the K181 listing levels.

In addition, generators must keep specified documentation on site for three years, as specified in section 261.32( d)( 3)( ix). 9 Pursuant to proposed section 261.32( d)( 3)( x), nonhazardous waste determinations must be conducted annually to verify that the wastes remain nonhazardous. The annual testing requirements are suspended after three consecutive successful annual demonstrations that the wastes are nonhazardous. Generators then can use knowledge of the wastes to support subsequent annual determinations. If the annual testing requirements are suspended, the generator must keep records of the process knowledge information used to support a nonhazardous determination.

The annual testing requirements are reinstated if the manufacturing or waste treatment processes generating the wastes are significantly altered, resulting in an increase of the potential for the wastes to exceed the listing levels. If testing is reinstated, a description of the process change must be retained.

( i) Data Items:

° Documentation on which K181 constituents are reasonably expected to be present in the wastes;

° Waste sampling and analysis plan to collect and analyze representative waste samples for the K181 constituents reasonably expected to be present in the wastes. At a minimum, the plan must include:

 A discussion of the number of samples needed to characterize the wastes fully;

 The planned sample collection method to obtain representative waste samples;

 A discussion of how the sampling plan accounts for potential temporal and spatial variability of the wastes; and  A detailed description of the test methods to be used, including sample preparation, clean up ( if necessary), and determinative methods;

° Waste sampling and analysis results ( including QA/ QC data);

° Quantity of organic dyes and/ or pigments production nonwastewaters generated;

° Calculations performed to determine annual mass loadings for each K181 constituent in the nonwastewaters; 10 ° If the annual testing requirements are suspended after three successful demonstrations that the waste are nonhazardous, records of the process knowledge information used to support a nonhazardous determination; and ° If the manufacturing or waste treatment processes generating the wastes are significantly altered as specified, a description of the process change.

( ii) Respondent Activities:

° Determine which K181 constituents reasonably are expected to be present in the wastes;

° Develop waste sampling and analysis plan;

° Collect and analyze samples in accordance with the waste sampling and analysis plan;

° Record analytical results;

° Record the waste quantity represented by the sampling and analysis results;

° Calculate constituent specific mass loadings;

° Keep a running total of the K181 constituent mass loadings over the course of the calendar year;

° Determine whether the mass of any of the K181 constituents is below the K181 listing levels;

° Keep supporting documentation on site;

° If the annual testing requirements are suspended after three successful demonstrations that the waste are nonhazardous, the generator can:

 Use knowledge of the waste to support subsequent annual determination; and  Keep records of the process knowledge information used to support a nonhazardous determination.

° If the manufacturing or waste treatment processes generating the wastes are significantly altered as specified, reinstate annual testing requirements and retain a description of the process change. 11 ( 2) Recordkeeping Demonstrations for Use of Appropriate Landfills Under proposed 40 CFR 261.32( d)( 4), generators must maintain documentation demonstrating that each shipment of waste was received by a landfill cell subject to the landfill design standards set out in the listing description. This documentation must be maintained on site for a period of three years.

( i) Data Item:

° Documentation demonstrating that each shipment of waste was received by a landfill cell subject to the landfill design standards set out in the listing description ( e. g., a letter from the owner with references to applicable State permit or license that describe the liner design, a statement that the liner is at least equivalent to the section 258.40 design).

( ii) Respondent Activity:

° Maintain onsite for three years documentation demonstrating that each shipment of waste was received by a landfill cell subject to the landfill design standards set out in the listing description.

5. THE INFORMATION COLLECTED   AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT 5( a) Agency Activities There are no Agency activities associated with the new information collection requirements for generators of organic dyes and/ or pigments production nonwastewaters.

5( b) Collection Methodology and Management All of the information collected under the proposed listing would be maintained at the generator's facility. There are no Agency collection activities associated with the new requirements for generators of organic dyes and/ or pigments production nonwastewaters.

5( c) Small Entity Flexibility The proposal includes a mass loadings based listing for organic dyes and/ or pigments production nonwastewaters that allows generators to determine whether their waste is nonhazardous under the listing. Thus, although the proposal would add the K181 wastes to the hazardous waste listings, the rule would provide flexibility to both large and small generators to determine whether they can manage their waste as nonhazardous, as specified. If a small entity's 6 The labor rates were obtained from the currently approved Hazardous Waste Generator Standards ICR, EPA ICR Number 820.08.

12 waste does qualify as hazardous under the listings, the small entity may be eligible for complying with the small quantity generator standards, which impose fewer paperwork requirements than the standards for large quantity generators.

5( d) Collection Schedule Under the proposed rule, generators of organic dyes and/ or pigments production nonwastewaters will have to conduct nonhazardous determinations annually to verify that the wastes remain nonhazardous. For facilities that generate 1,000 metric tons or less per year, this determination will be based on knowledge of their wastes. For facilities that generate more than 1,000 metric tons per year, this determination will be based on waste sampling and analysis. These annual testing requirements will be suspended if the wastes remain nonhazardous for three consecutive years of testing. However, if the manufacturing or waste treatment process generating the wastes are significantly altered, the annual testing requirements will be reinstated. EPA believes such a schedule will ensure that generators take measures to determine whether their wastes qualify for the nonhazardous claim.

6. ESTIMATING THE HOUR AND COST BURDEN OF THE COLLECTION 6( a) Estimating Respondent Burden Hours In Exhibit 1, EPA estimates the respondent hourly burden associated with the new paperwork requirements resulting from the listing of organic dyes and/ or pigments production nonwastewaters as hazardous waste. Exhibit 1 includes burden hours ( total and by labor type) per respondent, as well as the overall burden hours for all respondents.

6( b) Estimating Respondent Costs EPA estimates the annual respondent costs associated with the new paperwork requirements in Exhibit 1. These costs are based on the cost of labor, capital, and operation and maintenance ( O& M).

Labor Costs For purposes of this analysis, EPA estimates an average hourly respondent labor cost ( including fringe and overhead) of $ 114.57 for legal staff, $ 89.86 for managerial staff, $ 58.82 for technical staff, and $ 30.76 for clerical staff. These rates are based on industry consultations conducted by EPA several years ago and updated to 2003 levels using Employment Cost Indices developed by the U. S. Bureau of Labor Statistics. 6 7 These costs were obtained from the economic assessment document developed for the proposed rule: Economic Assessment for the Proposed Loadings Based Listing of Non Wastewaters from the Production of Selected Organic Dyes, Pigments, and Food, Drug, and Cosmetic Colorants. This document is available in the public docket for the proposed rule.

13 Using the total burden hours discussed in Section 6( a) and the hourly wage rates outlined in this section, Exhibit 1 illustrates the labor costs associated with the information collection requirements covered in this ICR.

Capital Costs Capital costs usually include any produced physical good needed to provide the needed information, such as machinery, computers, and other equipment. EPA does not anticipate that respondents will incur capital costs in carrying out the information collection requirements covered in this ICR.

Operation & Maintenance Costs O& M costs are those costs associated with a paperwork requirement incurred continually over the life of the ICR. They are defined by the Paperwork Reduction Act of 1995 as " the recurring dollar amount of costs associated with O& M or purchasing services." For this ICR, O& M costs include initial waste characterization costs ($ 5,255) and annual waste sampling and analysis costs ($ 5,445). 7 These O& M costs are shown in Exhibit 1.

6( c) Estimating Agency Hour and Cost Burden As stated earlier, there are no Agency activities associated with the new information collection requirements for generators of organic dyes and/ or pigments production nonwastewaters. Thus, there is no Agency burden or cost associated with this proposed rule.

6( d) Estimating the Annual Respondent Universe and Total Hour and Cost Burden In this section, EPA first describes the respondent universe affected by the new information collection requirements resulting from the listing of organic dyes and/ or pigments production nonwastewaters as hazardous wastes. EPA then estimates the annual aggregate burden to respondents under the proposed rule and existing RCRA information collection requirements.

The universe estimates and assumptions used in the development of this ICR are based on the economic assessment document developed for the proposed rule. Specifically, EPA referred to the " High Most Likely Scenario" of the Agency Preferred Approach. 14 Respondent Universe Table 1 presents the annual number of respondents expected to generate organic dyes and/ or pigments production nonwastewaters during the three year period covered by this ICR. It shows that EPA expects a total of 37 facilities to generate organic dyes and/ or pigments production nonwastewaters each year. Of these facilities, EPA estimates that 21 will generate nonwastewaters that contain none of the K181 CoCs and that 16 will generate nonwastewaters that contain one or more K181 CoCs.

Table 1 Annual Number of Respondents Subject to the New Paperwork Requirements under the Proposed Rule Type of Organic Dyes and/ or Pigments Nonwastewater Number of Respondents

1,000 Metric Tons > 1,000 Metric Tons Total Waste with no K181 CoCs 19 2 21 Waste with K181 CoCs 7 9 16 Total 26 11 37 The following paragraphs discuss these universe estimates in relation to the proposed rule and existing RCRA information collection requirements.

Annual Respondent Hour and Cost Burden under the Proposed Rule Based on the universe data presented in Table 1, EPA estimated respondent burden associated with all of the new paperwork requirements under the proposed rule in Exhibit 1. A discussion of the assumptions used in developing these burden estimates follows.

( 1) Reading the Regulations EPA estimates that 37 respondents will be subject to the new paperwork requirements under the proposed rule. EPA assumes that all these respondents will read the preamble to the rule and the proposed regulations each year. 15 ( 2) Procedures for Demonstrating that Dyes and/ or Pigments Nonwastewaters Are Not K181 ( a) Determination Based on No K181 Constituents EPA estimates that 21 respondents will use knowledge of their wastes to determine that their organic dyes and/ or pigments production nonwastewaters do not contain any of the K181 CoCs identified in proposed section 261.32( c)( 1). These respondents will keep documentation on site for three years supporting their determination that the nonwastewaters are nonhazardous.

( b) Determination For Generated Quantities Less Than 1,000 MT/ yr for Wastes That Contain K181 Constituents EPA estimates that, each year, seven facilities will generate 1,000 metric tons or less of organic dyes and/ or pigments production nonwastewaters containing K181 CoCs. Of these seven facilities, five are expected to follow the procedures under proposed section 261.32( d)( 2) to determine whether or not their wastes exceed the mass loading levels in the listing. EPA assumes that the remaining two facilities will assume that their wastes are hazardous at the point of generation and thus, will manage and dispose of their wastes in compliance with RCRA Subtitle C regulations.

To support their determination, facilities will need to estimate how much waste they expect to generate each year, track the actual quantity of organic dyes and/ or pigments production nonwastewaters generated over the course of the year, keep a running total of the K181 constituent mass loadings over the course of the year, and keep supporting documentation on site for three years, as specified.

( c) Determination For Generated Quantities Greater Than 1,000 MT/ Yr for Wastes That Contain K181 Constituents EPA estimates that, each year, nine facilities will generate more than 1,000 metric tons of organic dyes and/ or pigments production nonwastewaters containing K181 CoCs. Of these nine facilities, eight are expected to follow the procedures under proposed section 261.32( d)( 3) to determine whether or not their wastes exceed the mass loading levels in the listing. EPA assumes that the remaining facility will assume that the wastes are hazardous at the point of generation and thus, will manage and dispose of the wastes in compliance with RCRA Subtitle C regulations.

To support their determination, facilities will need to identify target K181 CoCs ( based on knowledge of their wastes or testing), develop and follow a waste sampling and analysis plan, calculate mass loadings based on analytical results, determine whether the annual mass loadings are below the K181 listing levels, and keep supporting documentation on site for three years, as specified. 8 For purposes of this analysis, EPA assumes that all 13 facilities generating organic dyes and/ or pigments production nonwastewaters containing K181 CoCs at levels that do not exceed the hazardous loadings in proposed section 261.32( c)( 2) will dispose of their nonwastewaters in a Subtitle D landfill. This assumption is consistent with the economic assessment document developed for this proposed rule.

16 EPA conservatively assumes that the annual testing requirements will be suspended for none of the facilities during the three year period covered by this ICR.

( 3) Recordkeeping Demonstrations for Use of Appropriate Landfills Table 2 presents EPA's assumptions regarding the waste management practices of the 16 facilities expected to generate organic dyes and/ or pigments production nonwastewaters containing K181 CoCs. As shown in the table, EPA estimates that, of the 16 facilities, 13 will dispose of their nonwastewaters in a Subtitle D landfill. 8 These facilities will maintain documentation demonstrating that the waste was disposed of in a landfill that meets or exceeds the design criteria in 40 CFR 258.40.

Table 2 Compliance Waste Management Practices for Organic Dyes and/ or Pigments Nonwastewaters Containing K181 Constituents of Concern Type of Waste Management Number of Respondents

1,000 Metric Tons > 1,000 Metric Tons Total Subtitle D Landfill a 5 8 13 Subtitle C incineration, followed by Subtitle C landfill of ash b 2 1 3 Total 7 9 16 a Assumes landfill meets 40 CFR Part 258 design standards. b Assumes that it would not be economically feasible to have a unit dedicated to the incineration of K181 waste. As a result, Subtitle C incineration facilities would incinerate K181 waste with other hazardous wastes and dispose of the incineration ashes in a Subtitle C landfill. 17 EXHIBIT 1 HAZARDOUS WASTE LISTING FOR ORGANIC DYES AND/ OR PIGMENTS PRODUCTION WASTESa ESTIMATED ANNUAL RESPONDENT HOUR AND COST BURDEN Hours and Costs per Respondent Legal Manager Technical Clerical INFORMATION COLLECTION ACTIVITY $ 114.57/ Hr $ 89.86/ Hr $ 58.82/ Hr $ 30.76/ Hr Read the regulations 1.50 2.50 2.50 0.00 6.50 $ 543.56 $ 0.00 $ 0.00 37 241 $ 20,112 Determine that the dyes and/ or pigments nonwastewater is not K181 0.00 0.25 1.00 0.00 1.25 $ 81.29 $ 0.00 $ 0.00 21 26 $ 1,707 Document the basis for determining that the dyes and/ or pigments nonwastewater is not K181 on an annual basis 0.00 0.00 0.50 0.00 0.50 $ 29.41 $ 0.00 $ 0.00 21 11 $ 618 Keep supporting documentation on site 0.00 0.00 0.00 0.10 0.10 $ 3.08 $ 0.00 $ 0.00 21 2 $ 65 Subtotal 0.00 0.25 1.50 0.10 1.85 $ 113.78 $ 0.00 $ 0.00 21 39 $ 2,390 Document the basis for determining that the annual quantity of nonwastewaters expected to be generated is less than 1,000 metric tons 0.00 0.25 4.00 0.10 4.35 $ 260.82 $ 0.00 $ 0.00 5 22 $ 1,304 Track the actual quantity of nonwastewaters generated throughout the year 0.00 0.00 3.00 0.00 3.00 $ 176.46 $ 0.00 $ 0.00 5 15 $ 882 Keep a running total of the K181 constituent mass loadings over the course of the calendar year 0.00 0.00 3.00 0.00 3.00 $ 176.46 $ 0.00 $ 0.00 5 15 $ 882 Keep supporting documentation on site 0.00 0.00 0.00 0.10 0.10 $ 3.08 $ 0.00 $ 0.00 5 1 $ 15 Subtotal 0.00 0.25 10.00 0.20 10.45 $ 616.82 $ 0.00 $ 0.00 5 53 $ 3,083 Determine which K181 constituents are reasonably expected to be present in the wastes 0.00 0.25 4.00 0.00 4.25 $ 257.75 $ 0.00 $ 0.00 8 34 $ 2,062 Determine which K181 constituents are reasonably expected to be present in the wastes based on testing 0.00 0.00 2.00 0.10 2.10 $ 120.72 $ 0.00 $ 5,255.00 0 0 $ 0 Develop waste sampling and analysis plan 0.00 0.25 4.00 0.50 4.75 $ 273.13 $ 0.00 $ 0.00 8 38 $ 2,185 Collect and analyze samples in accordance with the waste sampling and analysis plan 0.00 0.00 2.00 0.25 2.25 $ 125.33 $ 0.00 $ 5,445.00 8 18 $ 44,563 Record analytical results 0.00 0.00 0.25 0.00 0.25 $ 14.71 $ 0.00 $ 0.00 8 2 $ 118 Record the waste quantity represented by the sampling and analysis results 0.00 0.00 0.25 0.00 0.25 $ 14.71 $ 0.00 $ 0.00 8 2 $ 118 Calculate constituent specific mass loadings 0.00 0.00 1.00 0.00 1.00 $ 58.82 $ 0.00 $ 0.00 8 8 $ 471 Keep a running total of the K181 constituent mass loadings over the course of the calendar year 0.00 0.00 3.00 0.00 3.00 $ 176.46 $ 0.00 $ 0.00 8 24 $ 1,412 Determine whether the annual mass loadings are below the K181 listing levels 0.00 0.00 0.10 0.00 0.10 $ 5.88 $ 0.00 $ 0.00 8 1 $ 47 Keep supporting documentation on site 0.00 0.00 0.00 0.10 0.10 $ 3.08 $ 0.00 $ 0.00 8 1 $ 25 If annual testing requirements are suspended, use knowledge of the waste to support subsequent annual determination 0.00 0.25 4.00 0.00 4.25 $ 257.75 $ 0.00 $ 0.00 0 0 $ 0 If annual testing requirements are suspended, keep records of the process knowledge information used to support a nonhazardous determination 0.00 0.00 0.00 0.10 0.10 $ 3.08 $ 0.00 $ 0.00 0 0 $ 0 If the manufacturing or waste treatment processes generating the wastes are significantly altered, retain a description of the process change 0.00 0.25 1.00 0.10 1.35 $ 84.36 $ 0.00 $ 0.00 0 0 $ 0 Subtotal 0.00 varies varies varies varies varies $ 0.00 varies varies 128 $ 51,001 Maintain documentation demonstrating that each shipment of waste was received by a landfill cell subject to the landfill design standards set out in the listing description 0.00 0.00 0.00 0.10 0.10 $ 3.08 $ 0.00 $ 0.00 13 1 $ 40 TOTAL varies varies varies varies varies varies varies varies varies 462 $ 76,626 a Exhibit contains rounding error.

RECORDKEEPING DEMONSTRATIONS FOR USE OF APPROPRIATE LANDFILLS Total Hours and Costs Determination For Low Volume Wastes that Contain K181 Constituents Number of Respondents Total Hours/

Year Total Cost/

Year Respon.

Hours/

Year Labor Cost/

Year PROCEDURES FOR DEMONSTRATING THAT DYES AND/ OR PIGMENTS NONWASTEWATERS ARE NOT K181 Capital/

Startup Cost Determination Based on No K181 Constituents O& M Cost Determination for High Volume Wastes with K181 Constituents READING THE REGULATIONS 9 Of the eight affected ICRs, four are associated with information collection activities that would be undertaken by one facility expected to seek a RCRA permit to operate an on site incinerator.

18 Annual Respondent Hour and Cost Burden under Existing Information Collection Requirements In addition to the new information collection requirements from the proposed listing, EPA also estimated the hour and cost burden that generators of K181 listed waste and subsequent hazardous waste handlers would incur in complying with existing RCRA information collection requirements. These costs are presented in Exhibit 2, broken out by the existing EPA ICRs affected by the proposed rule.

In developing Exhibit 2, EPA reviewed each of the affected ICRs to identify the existing information collection activities that would be undertaken by generators and handlers of K181 listed waste, calculated the associated hour and cost burden, and presented the totals in the exhibit. Following are the affected ICRs, along with a description of relevant capital and O& M costs: 9 ° Part A RCRA Hazardous Waste Permit Application and Modification ICR ( EPA ICR Number 262): there are no capital costs; O& M costs are associated with submitting Part A Application and reports;

Manifest ICR ( EPA ICR Number 801): there are no capital costs; O& M costs are associated with sending and returning copies of the manifest forms;

Generator Standards ICR ( EPA ICR Number 820): there are no capital costs; O& M costs are associated with submitting contingency plan to relevant emergency centers;

° Biennial Report ICR ( EPA ICR Number 976): there are no capital costs; O& M costs are associated with submitting report to State or EPA Regional Office and maintaining copies of Site Identification, Waste Generation and Management ( GM), and Waste Received from Off Site ( WR) Forms;

Land Disposal Restrictions ICR ( EPA ICR Number 1442): there are no capital costs; O& M costs are associated with waste analyses and transmittal and recordkeeping of one time LDR notifications and certifications;

° General Facility Standards ICR ( EPA ICR Number 1571): capital costs are associated with the purchase of file cabinets to retain specified documentation; O& M costs are associated with submitting monitoring reports and performing waste analyses; 19 ° Specific Units ICR ( EPA ICR Number 1572): there are no capital costs; O& M costs are associated with submitting exemption demonstration to EPA Region; and ° Part B Permit Application, Permit Modifications, and Special Permits ICR ( EPA ICR Number 1573): there are no capital costs; O& M costs are associated with preparing and submitting Part B Permit Application.

6( e) Bottom Line Hour and Cost Burden Respondent Tally EPA presents the total annual respondent burden and cost for the new information collection requirements associated with the proposed rule in Exhibit 1. In Exhibit 2, EPA tallies respondents' burden under the rule and existing RCRA information collection requirements, in order to derive aggregate burden.

Exhibit 2 shows that the burden under the proposed rule is estimated to be 462 hours and $ 76,626 annually. EPA estimates that the burden under existing program requirements would be 1,677 hours and $ 633,098 per year. Thus, the aggregate burden under the proposed rule is estimated to be 2,139 hours and $ 709,724 per year. The three year bottom line aggregate burden is estimated to be 6,417 hours and $ 2.13 million.

Agency Tally There are no Agency activities associated with the new information collection requirements. Thus, there is no Agency hour or cost burden associated with this rule.

6( f) Reasons for Change In Burden In establishing the K181 listing, EPA added some new information collection requirements to ensure that the wastes are managed and disposed of in a manner that is protective of human health and the environment. The listing also will subject the newly listed organic dyes and/ or pigments production nonwastewaters to the existing RCRA information collection requirements and, as such, reflect an adjustment in the respondent universe for these requirements in the eight affected EPA ICRs. 20 EXHIBIT 2 ESTIMATED ANNUAL RESPONDENT HOUR AND COST BURDEN SUMMARY a ( INCLUDING SAVINGS IN PAPERWORK BURDEN IN EXISTING ICRS)

Hazardous Waste Listing for Organic Dyes and/ or Pigments Production Wastes 2120 462 $ 33,066 $ 0 $ 43,560 $ 76,626 Part A RCRA Hazardous Waste Permit Application and Modification 262 8 $ 527 $ 0 $ 3 $ 529 Manifest 801 33 $ 970 $ 0 $ 10 $ 980 Generator Standards 820 29 $ 1,411 $ 0 $ 8 $ 1,419 Biennial Report 976 4 $ 215 $ 0 $ 2 $ 216 Land Disposal Restrictions 1442 4 $ 182 $ 0 $ 24,415 $ 24,597 General Facility Standards 1571 181 $ 8,634 $ 60 $ 249 $ 8,942 Specific Units 1572 214 $ 11,598 $ 0 $ 3 $ 11,601 Part B Permit Application, Permit Modifications, and Special Permits 1573 1,205 $ 72,579 $ 0 $ 512,234 $ 584,814 Subtotal N/ A 1,677 $ 96,116 $ 60 $ 536,923 $ 633,098 TOTAL N/ A 2,139 $ 129,182 $ 60 $ 580,483 $ 709,724 a Exhibit contains rounding error.

Existing Paperwork Requirements Capital Cost/ Year O& M Cost/ Year Total Cost/ Year New Paperwork Requirements ICR Name ICR Number Hours/ Year Labor Cost/ Year 21 6( g) Public Burden Statement There is no public reporting burden from the new information collection requirements in the proposed rule. The hourly recordkeeping burden from the new requirements ranges between 6.5 and 30.35 hours per respondent per year. This burden includes time for reading the regulations, determining whether organic dyes and/ or pigments production nonwastewaters exceed regulatory listing levels, and keeping documentation on site, as specified.

Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information.

To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID No. RCRA 2003 0001, which is available for public viewing at the RCRA Docket in the EPA Docket Center ( EPA/ DC), EPA West, Room B102, 1301 Constitution Ave., NW, Washington, DC. The EPA Docket Center 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 Reading Room is ( 202) 566 1744, and the telephone number for the RCRA Docket is ( 202) 566 0270. An electronic version of the public docket is available through EPA Dockets ( EDOCKET) at http:// www. epa. gov/ edocket. Use EDOCKET to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. Once in the system, select " search," then key in the docket ID number identified above. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Office for EPA. Please include the EPA Docket ID No. ( RCRA 2003 0001).


[Federal Register Volume 77, Number 170 (Friday, August 31, 2012)]
[Notices]
[Page 53195]
[FR Doc No: 2012-21510]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER12-2511-000]

C.P. Crane LLC; Supplemental Notice That Initial Market-Based
Rate Filing Includes Request for Blanket Section 204 Authorization

    This is a supplemental notice in the above-referenced proceeding,
of C.P. Crane LLC's application for market-based rate authority, with
an accompanying rate schedule, noting that such application includes a
request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability is September 17, 2012.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding(s) are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the web site that enables subscribers to receive email notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please email<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: August 27, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-21510 Filed 8-30-12; 8:45 am]
BILLING CODE 6717-01-P