SIX  1 Revision 4 August 2002 CHAPTER SIX PROPERTIES This chapter addresses procedures for method defined parameters, where the analytical result is wholly dependant on the process used to make the measurement. Changes to the specific methods may change the end result and incorrectly identify a waste as nonhazardous. Therefore, when the measurement of such method defined parameters is required by regulation, those methods are not subject to the flexibility afforded in other SW 846 methods ( such as described in the Disclaimer and Chapter Two of this manual).

The following methods are found in Chapter Six:

Method 1030: Ignitability of Solids Method 1120: Dermal Corrosion Method 1312: Synthetic Precipitation Leaching Procedure Method 1320: Multiple Extraction Procedure Method 1330A: Extraction Procedure for Oily Wastes Method 9041A: pH Paper Method Method 9045D: Soil and Waste pH Method 9050A: Specific Conductance Method 9080: Cation Exchange Capacity of Soils ( Ammonium Acetate) Method 9081: Cation Exchange Capacity of Soils ( Sodium Acetate) Method 9090A: Compatibility Test for Wastes and Membrane Liners Method 9095B: Paint Filter Liquids Test Method 9096: Liquid Release Test ( LRT) Procedure Appendix A: Liquid Release Test Pre Test Method 9100: Saturated Hydraulic Conductivity, Saturated Leachate Conductivity, and Intrinsic Permeability Method 9310: Gross Alpha and Gross Beta Method 9315: Alpha Emitting Radium Isotopes


[Federal Register Volume 88, Number 237 (Tuesday, December 12, 2023)]
[Notices]
[Pages 86206-86208]
[FR Doc No: 2023-27001]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket No. DOT-OST-2023-0143]

Information Collection Activities; Requests for Comments

AGENCY: Office of the Secretary (OST), DOT.

ACTION: Notice and request for public comment and submission to OMB for
clearance of renewed approval of information collection.

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

SUMMARY: In compliance with the Paperwork Reduction Act of 1995, this
notice announces that the Information Collection Request (ICR)
abstracted below will be forwarded to the Office of Management and
Budget (OMB) for review and comments. The ICR describes the nature of
the information collection and its expected burden. A Federal Register
Notice with a 60-day comment period soliciting comments on the
following information collection was published on September 29, 2023.
No public comments were received. The purpose of this Notice is to
allow 30 days for public comment.

DATES: Comments to this notice must be received by January 11, 2024.

ADDRESSES: Written comments and recommendations for the proposed
information collection should be sent within 30 days of publication of
this notice to www.reginfo.gov/public/do/PRAMain. Find this information
collection by selecting ``Currently under Review--Open for Public
Comments'' or by using the search function. Please note that comments
submitted in response to this Notice are public record. Before
including any detailed personal information, you should be aware that
your comments as submitted, including your personal identification
information, will be available for public view.

FOR FURTHER INFORMATION CONTACT: Mike Huntley, Office of Drug and
Alcohol Policy and Compliance, Office of the Secretary, U.S. Department
of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590;
202-366-3784 (voice),<PHONE_NUMBER> (fax), or [email protected]
(email).

SUPPLEMENTARY INFORMATION:
    OMB Control Number: 2105-0529.
    Title: Procedures for Transportation Workplace Drug and Alcohol
Testing Programs.
    Type of Review: Clearance of a renewal of an information
collection.
    Form Numbers: DOT F 1385; DOT F 1380.
    Respondents: The information will be used by transportation
employers, Department representatives, and a variety of service agents.
    Abstract: Under the Omnibus Transportation Employee Testing Act of
1991, DOT is required to implement a drug and alcohol testing program
in various transportation-related industries. This specific requirement
is elaborated in 49 CFR part 40, Procedures for Transportation
Workplace Drug and Alcohol Testing Programs. This request for a renewal
of the information collection for the program includes 45 burden items
including the U.S. Department of Transportation Alcohol Testing Form
(ATF) [DOT F 1380] and the DOT Drug and Alcohol Testing Management
Information System (MIS) Data Collection Form [DOT F 1385].
    The ATF includes the employee's name, the type of test taken, the
date of the test, and the name of the employer. Data on each test
conducted, including test results, is necessary to document that the
tests were conducted and is used to take action, when required, to
ensure safety in the workplace. The MIS form includes employer specific
drug and alcohol testing information such as the reason for the test
and the cumulative number of test results for the negative, positive,
and refusal tests. No employee specific data is collected. The MIS data
is used by each of the affected DOT Agencies (i.e., Federal Aviation
Administration, Federal Transit Administration, Federal Railroad
Administration, Federal Motor Carrier Safety Administration, and the
Pipeline and Hazardous Materials Safety

Administration) and the United States Coast Guard when calculating
their industry's annual random drug and/or alcohol testing rate.
    On May 2, 2023, part 40 was amended to include oral fluid testing
as an additional methodology for drug testing that gives employers a
choice that will help combat employee cheating on urine drug tests and
provide a less intrusive means of achieving the safety goals of the
program [88 FR 27596]. As a result of the rule to include oral fluid
testing as an additional methodology for drug testing, two new burden
items have been added to this collection: (1) Oral Fluid Collector
(Qualification and Refresher) Training Documentation [Sec.  40.35(b) &
(e)]; and (2) Oral Fluid Collector Error Correction Training
Documentation [Sec.  40.35(f)]. These new burden items are analogous to
the existing burden items for urine collectors and screening test
technicians and breath alcohol technicians.
    Also as a result of the May 2023 rule to include oral fluid as an
additional methodology for drug testing, DOT will request OMB approval
for a revision of the MIS Data Collection Form to facilitate the
collection of oral fluid testing data from employers. Specifically, in
Section III of the form, ``Drug Testing Data,'' DOT will add additional
rows under each ``Type of Test'' (e.g., Pre-Employment, Random, Post-
Accident, Reasonable Suspicion/Cause, Return-to-Duty, Follow-Up, and
Total) for employers to enter the number of urine tests, the number of
oral fluid tests, and the number of total tests conducted.
    Estimated Total Number of Respondents: 1,426,662.
    Estimated Number of Responses: 11,459,756.
    Frequency of Response: The information will be collected annually.
    Estimated Total Number Burden Hours; 1,469,136.
---------------------------------------------------------------------------

    \1\ All salary costs are based upon the Department of Labor's
bureau of Labor Statistics average employee compensation hourly cost
in 2023.

----------------------------------------------------------------------------------------------------------------
                                                                          Burden per     Total
                 PRA item                      Number of     Number of     response     burden     Total salary
                                              respondents    responses    (minutes)     (hours)    costs ($) \1\
----------------------------------------------------------------------------------------------------------------
Exemptions from Regulation Provisions                    1            1          180           3            $122
 Requests [40.7(a)].......................
Employer Stand-down Waiver Requests                      0            0          480           0               0
 [40.21(b)]...............................
Employee Testing Records from Previous             549,029      990,596            8     132,079       5,387,502
 Employers [40.25(a)].....................
Employee Release of Information [40.25(f)]         549,029      990,596            8     132,079       5,387,502
MIS Form Submission [40.26]...............          19,699       19,699           90      29,549       1,205,304
Urine Collector (Qualification and                   5,000        5,000            4         333          13,583
 Refresher) Training Documentation
 [40.33(b) & (e)].........................
Urine Collector Error Correction Training           17,980       17,980            4       1,199          48,907
 Documentation [40.33(f)].................
Oral Fluid Collector (Qualification and              5,000        5,000            4         333          13,583
 Refresher) Training Documentation
 [40.35(b) & (e)].........................
Oral Fluid Collector Error Correction               17,980       17,980            4       1,199          48,907
 Training Documentation [40.35(f)]........
Laboratory Reports to DOT Regarding                      0            0           30           0               0
 Unlisted Adulterant [40.87(e)]...........
Semi-Annual Laboratory Reports to                       19      365,983            4      24,399         995,235
 Employers [40.111(a)]....................
Semi-Annual Laboratory Reports to DOT                   19          456            4          30           1,224
 [40.111(d)]..............................
Medical Review Officer (MRO)                         1,000        1,000            4          67           2,733
 (Qualifications and Continuing Education)
 Training Documentation [40.121(c) & (d)].
MRO Review of Negative Results                       5,000      351,135            4      23,409         954,853
 Documentation [40.127(b)(2)(ii)].........
MRO Failure to Contact Donor Documentation           5,000       50,787            4       3,386         138,115
 [40.131(c)(1)]...........................
MRO Effort to Contact DER Documentation              5,000       57,624            4       3,842         156,715
 [40.131(c)(2)(iii)]......................
DER Successful Contact Employee                     46,099       46,099            4       3,073         125,348
 Documentation [40.131(d)]................
DER Failure to Contact Employee                     11,525       11,525            4         768          31,327
 Documentation [40.131(d)(2)(i)]..........
MRO Verification of Positive Result                  5,000       11,525            4         768          31,327
 Without Interview Documentation [40.133].
Adulterant/Substitution Evaluation                       0            0           30           0               0
 Physician Statements
 [40.145(g)(2)(ii)(d)]....................
MRO Cancellation of Adulterant/                          0            0           30           0               0
 Substitution for Legitimate Reason
 Reports [40.145(g)(5)]...................
Employee Admission of Adulterating/                     40           40            4           3             122
 Substituting Specimen MRO Determination
 [40.159(c)]..............................
Split Specimen Requests by MRO [40.171(c)]           5,000       11,932            4         795          32,428
Split Failure to Reconfirm for Drugs                    70           70            4           5             204
 Reports by MRO [40.187(b)]...............
Split Failure to Reconfirm for Adulterant/               8            8            5           1              41
 Substitution Reports by MRO [40.187(c)]..
Shy Bladder Physician Statements                       719          719            5          60           2,447
 [40.193(f)]..............................
MRO Statements Regarding Physical Evidence               0            0            0           0               0
 of Drug Use [40.195(b) & (c)]............
Drug Test Correction Statements [40.205             25,000      143,840            8      19,179         782,311
 (b)(1) & (2)]............................
Breath Alcohol Technician (BAT)/Screening            2,000        2,000            4         133           5,425
 Test Technician (STT) (Qualification and
 Refresher) Training Documentation
 [40.213(b)(c)&(e)].......................
BAT/STT Error Correction Training                      401          401            4          27           1,101
 Documentation [40.213(f)]................
Complete DOT Alcohol Testing Forms                  10,000    8,025,159            8   1,070,021      43,646,157
 [40.225(a)]..............................
Evidential Breath Testing Device Quality            10,000       10,000            4         667          27,166
 Assurance/Calibration Records
 [40.233(c)(4)]...........................
Shy Lung Physician Statements                          401          401            4          27           1,101
 [40.265(c)(2)]...........................
Alcohol Test Correction Statements                     803          803            4          54           2,203
 [40.271(b)(1)&(2)].......................
Substance Abuse Professional (SAP)                   3,334        3,334            4         222           9,055
 (Qualification and Continuing Education)
 Training Documentation [40.281(c)&(d)]...
Employer SAP Lists to Employees [40.287]..         116,467      116,467            4       7,764         316,694
SAP Reports to Employers [40.311(c), (d) &          10,000      201,258            4      13,417         547,279
 (e)].....................................
Correction Notices to Service Agents                    25           25           60          25           1,020
 [40.373(a)]..............................
Notice of Proposed Exclusion (NOPE) to                   5            5          600          50           2,040
 Service Agents [40.375(a)]...............
Service Agent Requests to Contest Public                 2            2           60           2              82
 Interest Exclusions (PIE) [40.379(b)]....
Service Agent Information to Argue PIE                   2            2          240           8             326
 [40.379(b)(2)]...........................
Service Agent Information to Contest PIE                 2            2          240           8             326
 [40.381(a) & (b)]........................
Notices of PIE to Service Agents [40.399].               1            1           60           1              41
Notices of PIE to Employer and Public                    1            1           60           1              41
 [40.401 (b) & (d)].......................
Service Agent PIE Notices to Employers                   1          300           30         150           6,119
 [40.403 (a)].............................
                                           ---------------------------------------------------------------------
    Total New.............................       1,426,662   11,459,756        2,328   1,469,136      59,926,016
----------------------------------------------------------------------------------------------------------------

    Public Comments Invited: (1) Whether the proposed collection of
information is necessary for the proper performance of the functions of
the Department, including whether the information will have practical
utility; (2) the accuracy of the Department's estimate of the burden of
the proposed information collection; (3) ways to enhance the quality,
utility and clarity of the information to be collected; and (4) ways to
minimize the burden of the collection of information on respondents,
including the use of automated collection techniques or other forms of
information technology.

(Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter
35, as amended; and 49 CFR 1:48)

    Issued in Washington, DC, on December 5, 2023.

    Authority and Issuance.

Bohdan S. Baczara,
Deputy Director, DOT, Office of Drug and Alcohol Policy and Compliance.
[FR Doc. 2023-27001 Filed 12-11-23; 8:45 am]
BILLING CODE 4910-9X-P


[Federal Register: February 8, 2006 (Volume 71, Number 26)]
[Notices]
[Page 6481-6482]
[DOCID:fr08fe06-93]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-R04-OW-2006-0057; FRL-8028-7]

Public Water Supply Supervision Program Rules for the State of
Mississippi

AGENCY: Environmental Protection Agency (EPA).

ACTION: Tentative approval.

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

SUMMARY: EPA is proposing to approve the State of Mississippi's
drinking water regulations for the Radionuclides, Arsenic, and Filter
Backwash Recycling Rules. EPA has determined that these revisions are
no less stringent than the corresponding Federal regulations.
Therefore, EPA intends on approving the program revisions.

DATES: All interested parties may request a public hearing and/or
submit comments on or before March 10, 2006.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OW-2006-0057, in one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for

submitting comments.
    2. E-mail<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: EPA-R04-OW-2006-0057, U.S. Environmental Protection
Agency, Region 4, Water Management Division, Ground Water and Drinking
Water Branch, Drinking Water Section, 61 Forsyth Street, SW., Atlanta,
Georgia 30303.
    5. Hand Delivery or Courier: Shaun McMullen, U.S. Environmental
Protection Agency, Region 4, Water Management Division, 15th Floor,
Drinking Water Section, 61 Forsyth Street, SW., Atlanta, Georgia 30303.
Such deliveries are only accepted during the Regional Office's normal
hours of operation. The Regional Office is open Monday through Friday,
8:30 a.m. to 4:30 p.m., excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R04-OW-
2006-0057. 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 through http://www.regulations.gov
 or e-mail, information that you consider to be CBI

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 electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some

information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://www.regulations.gov
 or in hard copy at the U.S. Environmental

Protection Agency, Region 4, Water Management Division, 61 Forsyth
Street, SW., Atlanta, Georgia 30303.

FOR FURTHER INFORMATION CONTACT: Mississippi State Department of
Health, Bureau of Water Supply, 2423 North State Street, Jackson,
Mississippi 39215 or Mr. McMullen, U.S. Environmental Protection
Agency, Region 4, Water Management Division, Ground Water and Drinking
Water Branch, Drinking Water Section, 61 Forsyth Street, SW., Atlanta,
Georgia 30303-8960. Please contact Mr. McMullen at<PHONE_NUMBER> and/
or electronic mail address at<EMAIL_ADDRESS>for questions and/
or comments regarding this tentative approval for the State of
Mississippi's Public Water Supply Supervision Program.

    Authority: Section 1442 of the Safe Drinking Water Act as
amended in 1996 and 40 CFR part 142.

    Dated: January 30, 2006.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
 [FR Doc. E6-1718 Filed 2-7-06; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 180 (Monday, September 17, 2018)]
[Notices]
[Pages 46945-46946]
[FR Doc No: 2018-20037]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9983-85--Region 3]

Clean Water Act: West Virginia's NPDES Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of revision, public comment period, and opportunity to
request a public hearing.

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

SUMMARY: The State of West Virginia has submitted revisions to its
authorized National Pollutant Discharge Elimination System (NPDES)
program for the U.S. Environmental Protection Agency's (EPA) review.
These revisions consist of amendments to the West Virginia Water
Pollution Control Act codified in Senate Bill 357 (SB 357) and to West
Virginia's Code of State Regulations codified as House Bill 2283 (HB
2283). The EPA has determined that the submitted revisions constitute a
substantial revision to West Virginia's authorized NPDES program.
Accordingly, the EPA is requesting public comment and providing a
notice of an opportunity to request a public hearing. Copies of SB357
and HB2283 are available for public inspection as indicated below.

DATES: Comments must be submitted in writing to EPA on or before
October 17, 2018.

ADDRESSES: Comments on the WV NPDES Program revisions should be sent to
Francisco Cruz, Water Protection Division (3WP41), U.S. Environmental
Protection Agency Region 3, 1650 Arch Street, Philadelphia, PA 19103-
2019 or email to [email protected]. Oral comments will not be
considered. Underlying documents from the administrative record for
this decision are available for public inspection at the above address.
Please contact Mr. Francisco Cruz to schedule an inspection. The
public, during the term of this Federal Register notice, can request a
public hearing. Such a hearing will be held if there is significant
public interest based on requests received.

FOR FURTHER INFORMATION CONTACT: For additional information, contact
Francisco Cruz at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Section 402 of the Federal Clean Water Act
(CWA) created the NPDES program under which the EPA may issue permits
for the discharge of pollutants into waters of the United States under
conditions required by the CWA. Section 402(b) allows states to assume
NPDES program responsibilities upon approval by the EPA. On May 10,
1982,

West Virginia received approval from the EPA to assume the NPDES
program.
    EPA's regulations at 40 CFR 123.62 establish procedures for
revision of authorized state NPDES programs. Under Sec.  123.62(a) a
state may initiate a program revision and must keep EPA informed of
proposed modifications to its statutory or regulatory authority. On May
13, 2015, West Virginia notified the EPA of enactment of HB 2283. On
July 10, 2015, West Virginia submitted SB 357 for formal review by the
EPA. Following additional correspondence between the EPA and the West
Virginia Department of Environmental Protection and the West Virginia
Environmental Hearing Board, the EPA has determined pursuant to 40 CFR
123.62(b)(1) that it has received such documents as are necessary for
its review under the circumstances.
    Section 123.62(b)(2) requires the EPA to issue a public notice and
to provide at least a 30-day public comment period whenever the EPA
determines that a state program revision is substantial. Section
1233.62(b)(2) also requires the EPA to hold a public hearing regarding
the proposed revision ``if there is significant public interest based
on requests received.'' The EPA has determined that HB 2283 and SB357
constitute substantial revisions to West Virginia's NPDES program.
    According to the West Virginia Department of Environmental
Protection, SB 537 amends West Virginia Code Sec.  22-11-6(2) and Sec.
22-11-8(a) to prohibit the incorporation or enforcement of water
quality standards either expressly or by reference as effluent
standards or limitations in West Virginia NPDES permits. SB 537 also
adds West Virginia Code Sec.  22-11-22a to establish a mining industry
specific procedure to collect civil or administrative penalties and to
enjoin violations of the West Virginia Water Pollution Control Act. HB
2283 revises W. Va. CSR 40-30-5f to delete the following language:
``The discharge or discharges covered by a WV/NPDES permit are to be of
such quality so as to not cause a violation of applicable water quality
standards promulgated by 47 C.S.R. 2.''
    The 40 CFR 123.62(b)(3) states that the EPA will approve or
disapprove program revisions on the requirements of this part.
Furthermore 40 CFR 123.62(b)(4) indicates that a program revision shall
become effective upon the approval of the EPA. Notice of approval of
any substantial revision shall be published in the Federal Register.
    The EPA will consider public comments received before October 17,
2018 when determining whether to approve the WV NPDES Program revision.

Catharine R. McManus,
Acting Director, Water Protection Division, U.S. Environmental
Protection Agency, Region 3.
[FR Doc. 2018-20037 Filed 9-14-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: August 26, 2010 (Volume 75, Number 165)]
[Notices]
[Page 52527-52528]
[DOCID:fr26au10-54]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER10-2256-000]

The Trustees of the University of Pennsylvania; Supplemental
Notice That Initial Market-Based Rate Filing Includes Request for
Blanket Section 204 Authorization

August 18, 2010.
    This is a supplemental notice in the above-referenced proceeding,
of The Trustees of the University of Pennsylvania'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 7, 2010.
    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 St., 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 e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2010-21232 Filed 8-25-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 187 (Friday, September 26, 2014)]
[Rules and Regulations]
[Pages 57757-57758]
[FR Doc No: 2014-22854]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2014-0713; Airspace Docket No. 14-AWA-1]
RIN 2120-AA66

Amendment of Class B Airspace; Washington Tri-Area, DC

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; technical amendment.

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

SUMMARY: This action amends the description of Area D of the Washington
Tri-Area Class B airspace area to include exclusion of restricted area
R-4001C from the Class B airspace when the restricted area is active.
The remainder of the Class B description is not affected by this
change.

DATES: Effective date: 0901 UTC September 26, 2014. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and
publication of conforming amendments.

ADDRESSES: FAA Order 7400.9Y, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at http://
www.faa.gov/airtraffic/publications/. The Order is also
available for inspection at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call<PHONE_NUMBER> or go to http://archives.gov/
federalregister/codeoffederal-regulations/
ibrlocations.html.
    FAA Order 7400.9, Airspace Designations and Reporting Points, is
published yearly and effective on September 15. For further
information, you can contact the Airspace Policy and Regulations Group,
Federal Aviation Administration, 800 Independence Avenue SW.,
Washington, DC 20591; telephone:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, Airspace Policy and
Regulations Group, Office of Airspace Services, Federal Aviation
Administration, 800 Independence Avenue SW., Washington, DC 20591;
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Background

    On May 23, 2014, the FAA published a final rule establishing
restricted area R-4001C at Aberdeen Proving Ground, MD (79 FR 29661).
R-4001C was formed by further subdividing small sections of existing
restricted areas R-4001A and R-4001B that currently extend into Area D
of the Washington, DC, Tri-Area Class B airspace area. The description
of Area D excludes the airspace in restricted areas R-4001A and B from
the Class B airspace. This change simply updates that description to
add R-4001C (which is imbedded within R-4001A and R-4001B) to the
exclusionary language. Aeronautical charts have been updated to reflect
this information.

The Rule

    The FAA is amending Title 14 Code of Federal Regulations (14 CFR)
part 71 to update the description of Area D in the Washington Tri-Area
Class B

airspace area. This action excludes the airspace in restricted area R-
4001C from the Class B airspace during times when the restricted area
is activated. The remainder of the Class B airspace description is
unchanged by this action.
    Because this is an editorial change to reflect current restricted
area subdivisions, I find that notice and public procedure under 5
U.S.C. 553(b) is unnecessary and contrary to the public interest. Also,
because moored balloons contained in the area are airborne 24 hours per
day (except for maintenance or weather conditions) there is a need to
separate nonparticipating aircraft from a hazard to navigation,
therefore, the FAA finds good cause, pursuant to 5 U.S.C. 553(d), for
making this amendment effective in less than 30 days in order to
promote the safe and efficient handling of air traffic in the area.
    Class B airspace areas are published in paragraph 3000 of FAA Order
7400.9Y dated August 6, 2014, and effective September 15, 2014, which
is incorporated by reference in 14 CFR 71.1. The Class B airspace area
listed in this document will be published subsequently in the Order.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this regulation: (1) Is not a ``significant regulatory
action'' under Executive Order 12866; (2) is not a ``significant rule''
under Department of Transportation (DOT) Regulatory Policies and
Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant
preparation of a regulatory evaluation as the anticipated impact is so
minimal. Since this is a routine matter that only affects air traffic
procedures and air navigation, it is certified that this rule, when
promulgated, does not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as it makes editorial corrections to an existing Class B
airspace description to maintain accuracy.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with 311a, FAA Order 1050.1E, ``Environmental Impacts: Policies and
Procedures.'' This airspace action is an editorial change only and is
not expected to cause any potentially significant environmental
impacts, and no extraordinary circumstances exist that warrant
preparation of an environmental assessment.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

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

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

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9Y,
Airspace Designations and Reporting Points, dated August 6, 2014, and
effective September 15, 2014, is amended as follows:

Paragraph 3000 Subpart B--Class B Airspace

* * * * *

AEA DC B--Washington Tri-Area, DC [Amended]

    Boundaries.
    By removing the current Area D description and adding the
following in its place:
    Area D. That airspace extending upward from 3,500 feet MSL to
and including 10,000 feet MSL between the 15-mile radius and the 20-
mile radius of the Andrews VORTAC, the Washington VOR/DME, and the
Baltimore VORTAC beginning at lat. 38[deg]40'21'' N., long.
76[deg]28'36'' W., to lat. 39[deg]02'10'' N., long. 76[deg]16'11''
W., then counterclockwise along the 20-mile DME arc of the Baltimore
VORTAC to lat. 39[deg]21'20'' N., long. 77[deg]01'08'' W., to lat.
39[deg]16'32'' N., long. 77[deg]20'50'' W., to lat. 39[deg]08'59''
N., long. 77[deg]18'10'' W., then clockwise along the 15-mile DME
arc of the Armel VORTAC to lat. 39[deg]04'27'' N., long.
77[deg]12'04'' W., then clockwise along the 15-mile DME arc of the
Washington VOR/DME to lat. 39[deg]06'16'' N., long. 76[deg]58'16''
W., then clockwise along the 15-mile DME arc of the Baltimore VORTAC
to lat. 38[deg]55'40'' N., long. 76[deg]35'10'' W., then clockwise
along the 15-mile DME arc of the Andrews VORTAC to lat.
38[deg]36'36'' N., long. 77[deg]03'47'' W., then clockwise along the
15-mile DME arc of the Washington VOR/DME to lat. 38[deg]43'12'' N.,
long. 77[deg]18'07'' W., then clockwise along the 15-mile DME arc of
the Armel VORTAC to lat. 38[deg]42'47'' N., long. 77[deg]19'05'' W.,
to lat. 38[deg]36'42'' N., long. 77[deg]19'18'' W., then
counterclockwise along the 20-mile DME arc of the Washington VOR/DME
to lat. 38[deg]31'47'' N., long. 77[deg]06'10'' W., then
counterclockwise along the 20-mile DME arc of the Andrews VORTAC to
the point of beginning; excluding the airspace contained in
Restricted Areas R-4001A, R-4001B and R-4001C when active.

    Issued in Washington, DC, on September 18, 2014.
Colby Abbott,
Acting Manager, Airspace Policy and Regulations Group.
[FR Doc. 2014-22854 Filed 9-25-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 69 (Friday, April 10, 2015)]
[Notices]
[Pages 19388-19389]
[FR Doc No: 2015-08202]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74654; File No. SR-CBOE-2015-034]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Delay the Implementation Date of the Rule
Change To Allow Market Orders To Sell in No-bid Series To Be Entered
Into the Electronic Order Book From a PAR Workstation

April 6, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on April 1, 2015, Chicago Board Options Exchange, Incorporated
(the ``Exchange'' or ``CBOE'') filed with the Securities and Exchange
Commission (the ``Commission'') the proposed rule change as described
in Items I, II, and III below, which Items have been prepared by the
Exchange. The Exchange filed the proposal as a ``non-controversial''
proposed rule change pursuant to Section 19(b)(3)(A)(iii) of the Act
\3\ and Rule 19b-4(f)(6) thereunder.\4\ The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    There is no proposed change to the rule language.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    On October 22, 2014, rule change SR-CBOE-2014-067 \5\ became
effective. The filing amended Rule 6.13(b)(vi) to increase the $0.30
parameter to $0.50. Although not contained in the amended rule text,
the filing also amended Rule 6.13(b)(vi) to allow market orders to sell
in no-bid series that get routed to a PAR workstation of a TPH User to
be entered into the electronic order book at the minimum increment.\6\
The filing indicated that the implementation date of the amendments
would be no later than 180 days following the effective date of the
filing (i.e., no later than April 28, 2015). Although the parameter
change from $0.30 to $0.50 was implemented,\7\ the Exchange is still in
the process of making the necessary modifications to the CBOE Hybrid
System (the ``System'') to allow market orders to sell in no-bid series
that get routed to a PAR workstation to be entered into the electronic
order book at the minimum increment.
---------------------------------------------------------------------------

    \5\ Securities Exchange Act Release No. 34-73487 (October 31,
2014), 79 FR 66016 (November 6, 2014) (SR-CBOE-2014-067).
    \6\ Id. at 66017.
    \7\ See CBOE Regulatory Circular RG15-002--Automatic Order
Handling Process in No-bid Series (January 2, 2015).
---------------------------------------------------------------------------

    The Exchange does not believe the modifications to the System will
be completed prior to the current April 28th deadline; therefore, the
Exchange seeks to delay the implementation date deadline for the
portion of SR-CBOE-2014-067 related to allowing market orders to sell
in no-bid series that were routed to a PAR workstation to be entered
into the electronic order book. The Exchange will announce the
implementation date in a Regulatory Circular to be published no later
than 90 days following the effective date of this filing. The
implementation date will be no later than 180 days following the
effective date of this filing.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\8\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \9\ requirements that the rules of an exchange be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest. Additionally,
the Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \10\ requirement that the rules of an exchange not be
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
    \10\ Id.
---------------------------------------------------------------------------

    In particular, the Exchange believes delaying the implementation
deadline to allow the Exchange the necessary time to finish the
modifications to the System, which will provide the functionality to
route market orders to sell in no-bid series from a PAR workstation to
an electronic order book, helps protect investors by ensuring the PAR
workstation functions as intended.

B. Self-Regulatory Organization's Statement on Burden on Competition

    CBOE does not believe that the proposed rule change will impose any
burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. More specifically, the Exchange
does not believe that the proposed rule change will impose any burden
on intramarket or intermarket competition because this filing simply
seeks to delay the implementation deadline of SR-CBOE-2014-067.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    The Exchange neither solicited nor received comments on the
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Because the foregoing proposed rule change does not:
    A. significantly affect the protection of investors or the public
interest;
    B. impose any significant burden on competition; and
    C. become operative for 30 days from the date on which it was
filed, or such shorter time as the Commission may designate, it has
become effective pursuant to Section 19(b)(3)(A) of the Act \11\ and
Rule 19b-4(f)(6) \12\ thereunder. At any time within 60 days of the
filing of the proposed rule change, the Commission summarily may
temporarily suspend such rule change if it appears to the Commission
that such action is necessary or appropriate in the public interest,
for the protection of investors, or otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission will institute proceedings to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-CBOE-2015-034 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-CBOE-2015-034. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-CBOE-2015-034 and should be
submitted on or before May 1, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Brent J. Fields,
Secretary.
[FR Doc. 2015-08202 Filed 4-9-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 53 (Monday, March 19, 2018)]
[Notices]
[Pages 12042-12044]
[FR Doc No: 2018-05430]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request Copies Available From: U.S. Securities and
Exchange Commission, Office of FOIA Services, 100 F Street NE,
Washington, DC 20549-2736

Extension:
    OMWI Contract Standard for Contractor Workforce Inclusion, SEC
File No. S7-02-15, OMB Control No. 3235-0725

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the existing
collection of information summarized below. The Commission plans to
submit this existing collection of information to the Office of
Management and Budget (``OMB'') for approval.
    Section 342 of the Dodd-Frank Wall Street Reform and Consumer
Protection Act of 2010 (the Dodd-Frank Act) provided that certain
agencies, including the Commission, establish an Office of Minority and
Women Inclusion (OMWI).\1\ Section 342(c)(2) of the Dodd-Frank Act
requires the OMWI Director to include in the Commission's procedures
for evaluating contract proposals and hiring service providers a
written statement that the contractor shall ensure, to the maximum
extent possible, the fair inclusion of women and minorities in the
workforce of the contractor and, as applicable, subcontractors. To
implement the acquisition-specific requirements of Section 342(c)(2) of
the Dodd-Frank Act, the Commission adopted a Contract Standard for
Contractor Workforce Inclusion (Contract Standard).
---------------------------------------------------------------------------

    \1\ 12 U.S.C. 5452.
---------------------------------------------------------------------------

    The Contract Standard, which is included in the Commission's
solicitations and resulting contracts for services with a dollar value
of $100,000 or more, contains a ``collection of information'' within
the meaning of the Paperwork Reduction Act. The Contract Standard
requires that a Commission contractor provide documentation, upon
request from the OMWI Director, to

demonstrate that it has made good faith efforts to ensure the fair
inclusion of minorities and women in its workforce and, as applicable,
to demonstrate its covered subcontractors have made such good faith
efforts. The documentation requested may include, but is not limited
to: (1) The total number of employees in the contractor's workforce,
and the number of employees by race, ethnicity, gender, and job title
or EEO-1 job category (e.g., EEO-1 Report(s)); (2) a list of covered
subcontract awards under the contract that includes the dollar amount
of each subcontract, date of award, and the subcontractor's race,
ethnicity, and/or gender ownership status; (3) the contractor's plan to
ensure the fair inclusion of minorities and women in its workforce,
including outreach efforts; and (4) for each covered subcontractor, the
information requested in items 1 and 3 above. The OMWI Director will
consider the information submitted in evaluating whether the contractor
or subcontractor has complied with its obligations under the Contract
Standard.
    The information collection is mandatory.
    Estimated number of respondents: The Commission estimates that 190
contractors \2\ would be subject to the Contract Standard.
Approximately 115 of these contractors have 50 or more employees, while
75 have fewer than 50 employees. Since the last approval of this
information collection, we adjusted the estimated number of contractors
from 170 contractors to 190 contractors based on the number of
contractors awarded contracts the last two years that were subject to
the Contract Standard. In addition, we adjusted the number of
contractors that have 50 or more employees and the number that have
fewer than 50 employees to reflect the percentages of contractors
meeting these workforce size thresholds among all contractors reviewed
by OMWI for compliance with the Contract Standard during the last two
years.
---------------------------------------------------------------------------

    \2\ Unless otherwise specified, the term ``contractors'' refers
to contractors and subcontractors.
---------------------------------------------------------------------------

    Estimate of recordkeeping burden: The information collection under
the Contract Standard imposes no new recordkeeping burdens on the
estimated 115 contractors that have 50 or more employees. Such
contractors are generally subject to recordkeeping and reporting
requirements under the regulations implementing Title VII of the Civil
Rights Act \3\ and Executive Order 11246 (``E.O. 11246'').\4\ Their
contracts and subcontracts must include the clause implementing E.O.
11246--FAR 52.222-26, Equal Opportunity. In addition, contractors that
have 50 or more employees (and a contract or subcontract of $50,000 or
more) are required to maintain records on the race, ethnicity, gender,
and EEO-1 job category of each employee under Department of Labor
regulations implementing E.O. 11246.\5\ The regulations implementing
E.O. 11246 also require contractors that have 50 or more employees (and
a contract or subcontract of $50,000 or more) to demonstrate that they
have made good faith efforts to remove identified barriers, expand
employment opportunities, and produce measurable results,\6\ and to
develop and maintain a written program, which describes the policies,
practices, and procedures that the contractor uses to ensure that
applicants and employees receive equal opportunities for employment and
advancement.\7\ In lieu of developing a separate plan for workforce
inclusion, a contractor may submit its existing written program
prescribed by the E.O. 11246 regulations as part of the documentation
that demonstrates the contractor's good faith efforts to ensure the
fair inclusion of minorities and women in its workforce. Thus,
approximately 115 contractors are already required to maintain the
information that may be requested under the Contract Standard.
---------------------------------------------------------------------------

    \3\ 42 U.S.C. 2000e, et seq.
    \4\ Executive Order 11246, 30 FR 12,319 (Sept. 24, 1965).
    \5\ See 41 CFR 60-1.7.
    \6\ See 41 CFR 60-2.17(c).
    \7\ See 41 CFR part 60-2.
---------------------------------------------------------------------------

    The estimated 75 contractors that employ fewer than 50 employees
are required under the regulations implementing E.O. 11246 to maintain
records showing the race, ethnicity and gender of each employee. We
believe that these contractors also keep job title information during
the normal course of business. However, contractors that have fewer
than 50 employees may not have the written program prescribed by the
E.O. 11246 regulations or similar plan that could be submitted as part
of the documentation to demonstrate their good faith efforts to ensure
the fair inclusion of women and minorities in their workforces.
Accordingly, contractors with fewer than 50 employees may have to
develop a plan to ensure workforce inclusion of minorities and women.
    In order to estimate the burden on contractors associated with
developing a plan for ensuring the inclusion of minorities and women in
their workforces, we considered the burden estimates for developing the
written programs required under the regulations implementing E.O.
11246.\8\ We also revised the estimated time required to develop and
update a plan for workforce inclusion of minorities and women since the
last approval of this information collection. Based on OMWI's review of
the plans and other documentation submitted by contractors with fewer
than 50 employees to demonstrate compliance with the Contract Standard,
we believe such contractors would require approximately 25 percent of
the hours that contractors of similar size spend on developing the
written programs required under the E.O. 11246 regulations.
Accordingly, we estimate that contractors would spend about 18 hours of
employee resources to develop a plan for workforce inclusion of
minorities and women. This one-time implementation burden annualized
would be 450 hours. After the initial development, we estimate that
each contractor with fewer than 50 employees would spend approximately
8 hours each year updating and maintaining its plan for workforce
inclusion of minorities and women. The Commission estimates that the
annualized recurring burden associated with the information collection
would be 375 hours. Thus, the Commission estimates the annual
recordkeeping burden for such contractors would total 825 hours.
---------------------------------------------------------------------------

    \8\ According to the Supporting Statement for the OFCCP
Recordkeeping and Requirements-Supply Service, OMB Control No. 1250-
0003 (``Supporting Statement''), it takes approximately 73 burden
hours for contractors with 1-100 employees to develop the initial
written program required under the regulations implementing E.O.
11246. We understand the quantitative analyses prescribed by the
Executive Order regulations at 41 CFR part 60-2 are a time-consuming
aspect of the written program development. As there is no
requirement to perform these types of quantitative analyses in
connection with plan for workforce inclusion of minorities and women
under the Contract Standard, we believe the plan for workforce
inclusion will take substantially fewer hours to develop. The
Supporting Statement is available at reginfo.gov.
---------------------------------------------------------------------------

    The Contract Standard requires contractors to maintain information
about covered subcontractors' ownership status, workforce demographics,
and workforce inclusion plans. Contractors would request this
information from their covered subcontractors, who would have an
obligation to keep workforce demographic data and maintain plans for
workforce inclusion of minorities and women because the Contract
Standard is included in their subcontracts. Based on data describing
recent Commission subcontractor activity, we believe that few
subcontractors will have subcontracts

under Commission service contracts with a dollar value of $100,000 or
more.\9\ These subcontractors may already be subject to similar
recordkeeping requirements as principal contractors. Consequently, we
believe that any additional requirements imposed on subcontractors
would not significantly add to the burden estimates discussed above.
---------------------------------------------------------------------------

    \9\ A search of subcontract awards on the usaspending.gov
website showed that three subcontractors in FY 2016 and six
subcontractors in FY 2017 had subcontracts of $100K or more. See
data on subcontract awards available at http://usaspending.gov.
---------------------------------------------------------------------------

Estimate of Reporting Burden

    With respect to the reporting burden, we estimate that it would
take all contractors on average approximately one hour to retrieve and
submit to the OMWI Director the documentation specified in the proposed
Contract Standard. We expect to request documentation from up to 100
contractors each year and therefore we estimate the total annual
reporting burden to be 100 hours.
    Written comments are invited on: (a) Whether this collection of
information is necessary for the proper performance of the functions of
the agency, including whether the information will have practical
utility; (b) the accuracy of the agency's estimate of the burden
imposed by the collection of information; (c) ways to enhance the
quality, utility, and clarity of the information collected; and (d)
ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted in writing within 60
days of this publication. Please direct your written comments to Pamela
Dyson, Director/Chief Information Officer, Securities and Exchange
Commission, c/o Remi Pavlik-Simon, 100 F Street NE, Washington, DC
20549 or send an email to: [email protected].

    Dated: March 13, 2018.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-05430 Filed 3-16-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: July 28, 2010 (Volume 75, Number 144)]
[Notices]
[Page 44238-44239]
[DOCID:fr28jy10-57]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2010-0341; FRL-9181-5]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; NESHAP for Automobile and Light-
Duty Truck Surface Coating (Renewal), EPA ICR Number 2045.04, OMB
Control Number 2060-0550

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.), this document announces that an Information Collection
Request (ICR) has been forwarded to the Office of Management and Budget
(OMB) for review and approval. This is a request to renew an existing
approved collection. The ICR which is abstracted below describes the
nature of the collection and the estimated burden and cost.

DATES: Additional comments may be submitted on or before August 27,
2010.

ADDRESSES: Submit your comments, referencing docket ID number EPA-HQ-
OECA-2010-0341 to (1) EPA online using http://www.regulations.gov (our
preferred method), or by e-mail to<EMAIL_ADDRESS>or by mail to:
EPA Docket Center (EPA/DC), Environmental Protection Agency,
Enforcement and Compliance Docket and Information Center, mail code
28221T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, and (2)
OMB at: Office of Information and Regulatory Affairs, Office of
Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th
Street, NW., Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Learia Williams, Compliance Assessment
and Media Programs Division, Office of Compliance, Mail Code 2223A,
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW.,
Washington, DC 20460; telephone

number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On June 2, 2010 (75 FR 30813), EPA sought comments on this ICR
pursuant to 5 CFR 1320.8(d). EPA received no comments. Any additional
comments on this ICR should be submitted to EPA and OMB within 30 days
of this notice.
    EPA has established a public docket for this ICR under docket ID
number EPA-HQ-OECA-2010-0341, which is available for public viewing
online at http://www.regulations.gov, in person viewing at the
Enforcement and Compliance Docket in the EPA Docket Center (EPA/DC),
EPA West, Room 3334, 1301 Constitution Avenue, 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<PHONE_NUMBER>, and the telephone number
for the Enforcement and Compliance Docket is<PHONE_NUMBER>.
    Use EPA's electronic docket and comment system at http://
www.regulations.gov, to submit or view public comments, access the
index listing of the contents of the docket, and to access those
documents in the docket that are available electronically. Once in the
system, select ``docket search,'' then key in the docket ID number
identified above. Please note that EPA's policy is that public
comments, whether submitted electronically or in paper will be made
available for public viewing at http://www.regulations.gov, as EPA
receives them and without change, unless the comment contains
copyrighted material, Confidential Business Information (CBI), or other
information whose public disclosure is restricted by statute. For
further information about the electronic docket, go to http://
www.regulations.gov.
    Title: NESHAP for Automobile and Light-duty Truck Surface Coating
(Renewal).
    ICR Numbers: EPA ICR Number 2045.04, OMB Control Number 2060-0550.
    ICR Status: This ICR is scheduled to expire on October 31, 2010.
Under OMB regulations, the Agency may continue to conduct or sponsor
the collection of information while this submission is pending at OMB.
An agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless it displays a currently
valid OMB control number. The OMB control numbers for EPA's regulations
in title 40 of the CFR, after appearing in the Federal Register when
approved, are listed in 40 CFR part 9, and displayed either by
publication in the Federal Register or by other appropriate means, such
as on the related collection instrument or form, if applicable. The
display of OMB control numbers in certain EPA regulations is
consolidated in 40 CFR part 9.
    Abstract: The National Emission Standards for Hazardous Air
Pollutants (NESHAP) for Automobile and Light-duty Truck Surface Coating
(40 CFR Part 63, Subpart IIII) were proposed on December 24, 2002, and
promulgated on April 26, 2004. These standards apply to facilities in
automobile and light-duty truck surface coating operations that are
major sources of hazardous air pollutants (HAP). Owners or operators of
the affected facilities described must make initial reports when a
source becomes subject to the standard, conduct and report on a
performance test, demonstrate and report on continuous monitor
performance, and maintain records of the occurrence and duration of any
startup, shutdown, or malfunction in the operation of an affected
facility. In general, all NESHAP requires initial notifications,
performance tests, and periodic reports.
    These notifications, reports, and records are essential in
determining compliance, and in general, are required of all sources
subject to NESHAP. Semiannual reports of excess emissions are also
required.
    Any owner or operator subject to the provisions of this part shall
maintain a file of these measurements, and retain the records for at
least five years following the date of such measurements, maintenance
reports, and records. Performance tests reports are required as this is
the Agency's record of a source's initial capability to comply with the
emission standard, and serve as a record of the operating conditions
under which compliance was achieved.
    All reports are sent to the delegated state or local authority. In
the event that there is no such delegated authority, the reports are
sent directly to the EPA regional office. This information is being
collected to assure compliance with 40 CFR part 63, subpart IIII, as
authorized in sections 112 and 114(a) of the Clean Air Act. The
required information consists of emissions data and other information
that have been determined to be private.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB Control Number. The OMB Control Number for EPA
regulations listed in 40 CFR part 9 and 48 CFR chapter 15, are
identified on the form and/or instrument, if applicable.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 91
hours per response. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose, and 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. All
existing ways will have to adjust to comply with any previously
applicable instructions and requirements that have subsequently
changed; 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.
    Respondents/Affected Entities: Automobile and light-duty truck
surface coating facilities.
    Estimated Number of Respondents: 65.
    Frequency of Response: Initially, semiannually, and occasionally.
    Estimated Total Annual Hour Burden: 25,190.
    Estimated Total Annual Cost: $2,321,787 which includes $2,243,787
in labor costs, no capital/startup costs, and $78,000 in operation and
maintenance (O&M) costs.
    Changes in the Estimates: There is no change in the labor hours or
cost in this ICR compared to the previous ICR. This is due to two
considerations: (1) The regulations have not changed over the past
three years and are not anticipated to change over the next three
years; and (2) the growth rate for the industry is very low, negative
or non-existent. Therefore, there is no significant change in the
overall burden.
    Since there are no changes in the regulatory requirements and there
is no significant industry growth, the labor hours and cost figures in
the previous ICR are used in this ICR, and there is no change in burden
to industry.

    Dated: July 22, 2010.
John Moses,
Director, Collection Strategies Division.
[FR Doc. 2010-18556 Filed 7-27-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 145 (Monday, August 2, 2021)]
[Proposed Rules]
[Pages 41413-41416]
[FR Doc No: 2021-16093]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2021-0433; FRL-8683-01-R8]

Approval and Promulgation of Implementation Plans; North Dakota;
Revisions To Permitting Regulations Unrelated to Regional Haze

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: In accordance with section 110 of the Clean Air Act (CAA), the
Environmental Protection Agency (EPA) is proposing to approve State
Implementation Plan (SIP) revisions submitted by North Dakota on August
3, 2020. The revisions contain amendments to the State's Air Pollution
Control Regulations and to the State's Legal Authority.

DATES: Written comments must be received on or before September 1,
2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2021-0433, to the Federal Rulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
www.regulations.gov. The EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full

EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    Docket: All documents in the docket are listed in the
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 electronically in
www.regulations.gov. To reduce the risk of COVID-19 transmission, for
this action we do not plan to offer hard copy review of the docket.
Please email or call the person listed in the FOR FURTHER INFORMATION
CONTACT section if you need to make alternative arrangements for access
to the docket.

FOR FURTHER INFORMATION CONTACT: Kevin Leone, Air and Radiation
Division, EPA, Region 8, Mailcode 8ARD-IO, 1595 Wynkoop Street, Denver,
Colorado 80202-1129, telephone number: (303)<PHONE_NUMBER>, email
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.

I. Background

    On August 3, 2020, the State of North Dakota submitted SIP
revisions containing amendments to North Dakota Administrative Code
(NDAC), Article 33.1-15 (Air Pollution Control) located in North
Dakota's EPA-Approved Regulations. Article 33.1-15 consists of 25
chapters numbered from 33.1-15-01 through 33.1-15-25. Revisions to
33.1-15-25 (Regional Haze Requirements) were acted on in a separate
rulemaking.\1\ North Dakota is also revising section 2.15 (Respecting
Boards) located in North Dakota's EPA Approved Nonregulatory Provisions
and Quasi-Regulatory Measures. These revisions became effective as a
matter of State law on July 1, 2020. We are proposing to approve these
revisions, except for the previously approved regional haze provisions.
---------------------------------------------------------------------------

    \1\ The EPA approved North Dakota's rule revisions to chapter
33.1-15-25 (regional haze) on June 8, 2021 (86 FR 30387).
---------------------------------------------------------------------------

II. The EPA's Evaluation

A. Revisions to Chapter 33.1-15-01 (General Provisions)

(1) Section 33.1-15-01-01 (Purpose)
    * Line 3--A semicolon is added after the word ``property.''
    This revision is approvable, as it is administrative in nature.
(2) Section 33.1-15-01-04 (Definitions)
    * In Section 33.1-15-01-04-04.45, a comma is added after
``emission.''
    This revision is approvable, as it is administrative in nature.
    * In Section 33.1-15-01-04-04.52, the date for incorporation by
reference for the definition of ``volatile organic compounds'' (VOC's)
is changes from July 1, 2015 to July 1, 2019.
    This revision is approvable, as it keeps North Dakota's definition
current with the federal definition of VOCs. North Dakota's regulation
located in section 33.1-15-01-04-04.52 states:

    ``Volatile Organic Compounds'' means the definition of volatile
organic compounds in 40 Code of Federal Regulations 51.100(s) as it
exists on July 1, 2015, which is incorporated by reference.''

    This revision reflects the current EPA definition of VOCs in 40 CFR
51.100(s), which was last revised by the EPA on November 28, 2018 (83
FR 61127). In addition, North Dakota incorporates by reference 40 CFR
52.21 for their Prevention of Significant Deterioration (PSD)
regulations. The definition of VOCs located in 40 CFR 52.21(a)(30)
states:

    ``Volatile organic compounds (VOC) is as defined in 40 CFR
51.100(s) of this chapter.''

    As such, this revision also keeps North Dakota's PSD regulation of
VOCs current with the federal definition of VOCs.
(3) Section 33.1-15-01-05 (Abbreviations)
    * For the abbreviation of Abbreviation of PM10, the
words ``a nominal'' are added.
    This revision is approvable, as it is administrative in nature.

B. Revisions to Chapter 33.1-15-02 (Ambient Air Quality Standards,
Table 1)

(1) Table 1
    * In Table 1, for fine particulates (PM2.5) the
determination of compliance is being clarified by adding the phrase
``three-year average'' to the annual standard and the phrase ``three-
year average of the annual'' is added to the 24-hour standard.
    These revisions are approvable, as this language corresponds with
the language found in 40 CFR part 50, appendix N (Interpretation of the
National Ambient Air Quality Standards for PM2.5.). Appendix
N states the data handling necessary for determining when the National
Ambient Air Quality Standards (NAAQS) for PM2.5 are met,
specifically for the primary and secondary annual and 24-hour
PM2.5 NAAQS specified in 40 CFR 50.7, 50.13 and 50.18.
    Appendix N states that there are two separate design values (DVs)
for determining compliance with the NAAQS. Design values are the 3-year
average NAAQS metrics which are compared to the NAAQS levels to
determine which monitoring site meets or does not meet the NAAQS.
Appendix N specifies two separate DVs:
    (1) The 3-year average of PM2.5 annual mean mass
concentrations for each monitoring site; and
    (2) The 3-year average of annual 98th percentile 24-hour average.
(2) Table 1
    * In Table 1, North Dakota is revising its maximum permissible
concentration for ozone from 0.075 parts per million (ppm) to 0.070
ppm.
    This revision is approvable. In 2015, the EPA promulgated a revised
ozone NAAQS of 0.070 parts per million (ppm). (See Final Rule, National
Ambient Air Quality Standard for Ozone, 80 FR 65292, October 26, 2015.)
This rulemaking revised the maximum permissible concentration for ozone
to 0.070 ppm. When a new or revised NAAQS is promulgated, the CAA
requires each state to submit a SIP revision to incorporate the new
standard. North Dakota revised Table 1 to reflect the 2015 ozone NAAQS
of 0.070 ppm.

C. Revisions to Chapter 33.1-15-03 (Restriction of Emission of Visible
Air Contaminants)

    * The title of the chapter is being revised to remove an ``m'' from
``emissions.''
    This revision is approvable, as it is administrative in nature.

D. Revisions to Chapter 33.1-15-14 (Designated Air Contaminant Sources,
Permit To Construct, Minor Source Permit To Operate, Title V Permit To
Operate)

(1) Section 33.1-15-14-01.1.2h
    * In paragraph 33.1-15-14-01.1.2h, the word ``onsite'' is added
twice.
    This revision is approvable as it is administrative in nature.

(2) Section 33.1-15-14-02.4a
    * In subdivision 33.1-15-14-02.4a, the date for incorporation by
reference of PSD modeling guidance by referring to 40 CFR part 51,
appendix W (Guideline on Air Quality Models) as it existed on July 1,
2019, and the reference to the North Dakota Modeling Guidance is
deleted.
    This revision is approvable, as the State is adopting federal
guidelines for determining the effects on ambient air quality related
to an application for a permit to construct, and this revision deletes
the State's own guidance on air quality modeling.
(3) Chapter 33-15-14-02.5
    * In subsection 33.1-15-14-02.5, line 2, the word ``an'' is added
before application.
    This revision is approvable, as it is administrative in nature.
(4) Chapter 33.1-15-14-02.5a
    * In the subdivision 33.1-15-14-02.5a, the significant impact level
(SIL) for annual PM2.5 emissions is revised to 0.2
micrograms per cubic meter, and a SIL for 8-hour ozone of 2.0
micrograms per cubic meter is added.
    These revisions are approvable. On October 20, 2010, the EPA
promulgated a final rulemaking titled ``Prevention of Significant
Deterioration (PSD) for Particulate Matter Less than 2.5 micrometers--
Increments, Significant Impact Levels (SILs) and Significant Monitoring
Concentrations (SMCs),'' (75 FR 64864). This rulemaking revised the SIL
for the annual PM2.5 to 0.3 micrograms per cubic meter for
Class II and Class III areas, and 0.06 micrograms per cubic meter for
Class I areas.
    However, on December 17, 2010, the Sierra Club petitioned the Court
to review the 2010 PM2.5 SILs and SMC final rule. On January
22, 2013, the Court granted a request from the EPA to vacate and remand
to the EPA portions of the PSD regulations (40 CFR 51.166(k)(2) and
52.21(k)(2)) establishing the SILs for PM2.5 so that the EPA
could reconcile the inconsistency between the regulatory text and
certain statements in the preamble to the 2010 final rule. Sierra Club
v. EPA, 705 F.3d 458, 463-64 (D.C. Cir. 2013). As a result, on December
9, 2013, EPA issued a final rule that removes the PM2.5 SILs
from EPA's PSD regulations (PM2.5 Vacated Elements
rulemaking). On April 17, 2018, the EPA issued a guidance memo titled
``Guidance on Significant Impact Levels for Ozone and Fine Particles in
the Prevention of Significant Deterioration Permitting Program'' (See
docket), which provided guidance on compliance demonstration tools for
use with ozone and PM2.5 in the PSD program. This guidance
can be used to identify a SIL for each ozone and PM2.5
NAAQS. Permitting authorities may use these values to help determine
whether a proposed PSD source causes or contributes to a violation of
the corresponding NAAQS. The guidance recommends a SIL of 0.2
micrograms per cubic meter for annual PM2.5 and a SIL of 1.0
parts per billion (pbb) for 8-hour ozone. North Dakota's new SIL for 8-
hour ozone is 2.0 micrograms per cubic meter, which converts to one pbb
(see docket for conversion).
(5) Chapter 33.1-15-14-02.8
    * In subsection 33.1-15-14-02.8, line 3, the word ``or'' is being
changed to ``and.''
    This revision is approvable, as it is requiring an affirmative
review of the requirements in both subsection 5(a) and 5(b) of this
subsection before granting a permit to construct, as opposed to one or
the other. Subsection 5(a) and 5(b) contain requirements pertaining to
the department's review of an application for a permit to construct.

E. Revisions to Chapter 33.1-15-15 (Prevention of Significant
Deterioration of Air Quality)

(1) Chapter 33.1-15-01.2
    * In section 33.1-15-01.2, the date for incorporation by reference
is updated to July 1, 2019. In addition, the phrase ``or the
administrator's authorized representative'' is added.
    This revision is approvable, as it expands the definition of
``administrator of the United States environmental protection agency''
to include ``or the administrator's authorized representative.''
(2) Chapter 33.1-15-01.2(q)
    * In section 33.1-15-01.2(q), public participation, paragraph
(q)(2)(c) is being revised to add the phrase ``and by a notice on the
department's website.''
    This phrase is approvable, as it is in compliance with the
requirements in 40 CFR 52.21(q), which states:
    ``The administrator shall follow the applicable procedures of 40
CFR part 124 in processing applications under this section.''
    40 CFR part 124(xi)(2)(iii) outlines the requirements as it relates
to publishing PSD permits for the duration of the public comment
period. 40 CFR part 124(xi)(2)(iii)(B) states:
    ``The director shall notify the public . . . for the duration of
the public comment period, on a public website identified by the
director.''
(3) Chapter 33.1-15-01.2(q)
    * In section 33.1-15-01.2(q), public participation, paragraph
(q)(2)(c) is being revised to add the phrase ``draft permit to
construct.''
    This phrase is approvable, as it strengthens the requirement as to
what is to be published during the public comment period.

F. Revisions to Chapter 33.1-15-19 (Visibility Protection)

    * In section 33.1-15-19-01.1 and 33.1-15-19-01.2, line 2, the
reference to subsection 33.1-15-15-01 is corrected by adding ``.2.''
    This revision is approvable, as it is administrative in nature.

G. Revisions to Chapter 33.1-15-20 (Control of Emissions From Oil and
Gas Well Production Facilities)

(1) Chapter 33.1-15-20-04.2
    * In section 33.1-15-20-04.2, the paragraph is revised to indicate
that all flares at a production facility, not just those combusting gas
containing hydrogen sulfide, must be maintained and operated in good
working order. On the last line, ``sulfur dioxide'' is replaced with
``air contaminants as.''
    This revision is approvable, as it expands the amount of flares
which must be maintained and operated in good working order.
(2) Section 33.1-15-20-04.3
    * In section 33.1-15-20-04.3, the word ``volatile'' is removed to
be consistent with Chapter 33.1-15-07, and the words ``gas'' and
``vapor'' are pluralized.
    This revision is approvable, as it is administrative in nature.
    * In section 33.1-15-20-04.3, the reference to gas containing
hydrogen sulfide is removed and replaced with ``at production
facility.''
    This revision is approvable, as it is administrative in nature.

H. Revisions to Section 2.15 (Respecting Boards)

    * North Dakota is also revising section 2.15 (Respecting Boards)
located in North Dakota's EPA Approved Nonregulatory Provisions and
Quasi-Regulatory Measures.
    This revision is approvable. Section 128 of the CAA requires SIPs
to contain requirements for Boards that approve permits and/or
enforcement actions and conflict of interest requirements for state
personnel and Boards. North Dakota's initial submittal of these
requirements was approved by the EPA on July 20, 2013 (78 FR 45866).
When the North Dakota Department of Environmental

Quality (DEQ) transitioned from the North Dakota Department of Public
Health, their Conflict of Interest requirements changed. This revision
updates section 2.15 of the SIP to match the current DEQ requirements.

III. Proposed Action

    For the reasons described in section II of this proposed
rulemaking, the EPA is proposing to approve North Dakota's August 3,
2020, submittal revisions to NDAC, Article 33.1-15 (Air Pollution
Control) except for revisions to 33.1-15-25 (Regional Haze
Requirements) which were addressed in a separate rulemaking. The EPA is
also proposing to approve North Dakota's revisions to section 2.15
(Respecting Boards) located in North Dakota's EPA Approved
Nonregulatory Provisions and Quasi-Regulatory Measures. Our action is
based on an evaluation of North Dakota's revisions against the
requirements of CAA section 110(a)(2)(c) and regulatory requirements
under 40 CFR 51.160-164 and 40 CFR 51.166.

IV. Incorporation by Reference

    In this document, the EPA is proposing to include regulatory text
in an EPA final rule that includes incorporation by reference. In
accordance with requirements of 1 CFR 51.5, the EPA is proposing to
incorporate by reference the revisions described in section II. The EPA
has made, and will continue to make, these materials generally
available through www.regulations.gov and at the EPA Region 8 Office
(please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section of this preamble for more information).

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the proposed rule does not have tribal implications and will
not impose substantial direct costs on tribal governments or preempt
tribal law as specified by Executive Order 13175 (65 FR 67249, November
9, 2000).

List of Subjects in 40 CFR Part 52

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

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

    Dated: July 22, 2021.
Debra H. Thomas,
Acting Regional Administrator, Region 8.
[FR Doc. 2021-16093 Filed 7-30-21; 8:45 am]
BILLING CODE 6560-50-P