[Federal Register Volume 83, Number 192 (Wednesday, October 3, 2018)]
[Notices]
[Pages 49981-49985]
[FR Doc No: 2018-21441]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket No. OST-2018-0128]

Privacy Act of 1974; Department of Transportation, Office of the
Secretary of Transportation; DOT/ALL 26; Department of Transportation
Insider Threat Program

AGENCY: Office of the Departmental Chief Information Officer, Office of
the Secretary of Transportation, DOT.

ACTION: Notice of Privacy Act system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, the Department of
Transportation (DOT) intends to establish a system of records titled,
``DOT/ALL 26, Insider Threat Program.'' This system of records will
allow DOT to administer an insider threat program, including
identification of potential external foreign intelligence risks and
insider threats, and to maintain information regarding
counterintelligence or insider threat inquiries. This system will be
included in the Department of Transportation's inventory of record
systems.

DATES: Written comments should be submitted on or before November 2,
2018 The Department may publish an amended SORN in light of any
comments received. This new system will take effect November 2, 2018.

ADDRESSES: You may submit comments, identified by docket number OST-
2018-0128 by any of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Ave. SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Ave. SE, between 9 a.m. and 5 p.m. ET, Monday
through Friday, except Federal Holidays.
     Fax:<PHONE_NUMBER>.
    Instructions: You must include the agency name and docket number
OST-2018-0128. All comments received will be posted without change to
http://www.regulations.gov, including any personal information
provided.
    Privacy Act: Anyone is able to search the electronic form of all
comments received in any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
system of records notice for dockets in the Federal Register notice
published on January 17, 2008 (73 FR 3316-3317).
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov or to the street
address listed above. Follow the online instructions for accessing the
docket.

FOR FURTHER INFORMATION CONTACT: For questions, please contact: Claire
W. Barrett, Departmental Chief Privacy Officer, Privacy Office,
Department of Transportation, Washington, DC 20590; [email protected]; or
(202) 366-8135.

SUPPLEMENTARY INFORMATION:

I. Background

    In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the
United States Department of Transportation (DOT) proposes to create a
new DOT system of records titled, ``DOT/ALL-26 Insider Threat
Program.'' This system of records is created as a DOT/ALL system
because records are maintained for this program by the Office of the
Secretary (OST) and the Federal Aviation Administration (FAA), two DOT
components. This system of records notice only applies to records
maintained by the Office of the Secretary and the Federal Aviation
Administration's Insider Threat Programs. There are no other components
within DOT authorized to administer an insider threat program. The term
``DOT Insider Threat Program'' refers to the insider threat program
administered by both OST and the FAA.
    Executive Order 13587, Structural Reforms to Improve the Security
of Classified Networks and the Responsible Sharing and Safeguarding of
Classified Information, directs Federal departments and agencies to
establish insider threat programs consistent with guidance and
standards developed by the National Insider Threat Task Force, which
was established under section 6 of Executive Order 13587. The National
Insider Threat Policy and Minimum Standards for Executive Branch
Insider Threat Programs were issued in November 2012. As described in
Executive Order 13587 and the National Insider Threat Policy and
Minimum Standards for Executive Branch Insider Threat Programs, insider
threat programs are intended to deter and detect insider threats and
mitigate the risks associated with an individual using his or her
authorized access to Government information and facilities to do harm
to the security of the United States. This insider threat may include
espionage, terrorism, unauthorized

disclosure of national security information, or the loss or degradation
of Government resources or capabilities.
    The DOT Insider Threat Program will adhere to Executive Order 13587
and the National Insider Threat Policy and Minimum Standards for
Executive Branch Insider Threat Programs, and will include protocols
for reporting and responding to potential or suspected insider threat
activity.
    The DOT Insider Threat Program applies to all DOT Operation
Administrations and Secretarial Offices, and to all DOT employees who
have access to classified systems (as defined in Executive Order
13587), as well as to controlled unclassified information or
information systems, as determined by DOT. For the purposes of the DOT
Insider Threat Program, Executive Order 12968 defines ``employee'' as
``a person, other than the President and Vice President, employed by,
detailed or assigned to, an agency, including members of the Armed
Forces; an expert or consultant to an agency; an industrial or
commercial contractor, licensee, certificate holder, or grantee of an
agency, including all subcontractors; a personal services contractor;
or any other category of person who acts for or on behalf of an
agency,'' as determined by the Secretary of Transportation or, for the
FAA, the FAA Administrator. This definition includes interns and
students. A licensee, certificate holder (such an airman), or grantee
who is not also a DOT employee is generally excluded from the DOT
Insider Threat Program; however, such an individual may be included if
a determination is made that the nature and extent of that individual's
access to DOT personnel, facilities, equipment, systems, networks,
operations, and information necessitates their inclusion.
    Per DOT Order 1642.1, the Department's Defensive
Counterintelligence and Insider Threat Program Manager within the
Office of the Secretary oversees the collection, analysis, and
reporting of information across DOT, including FAA, to support the
identification and assessment of insider threats. Subject to this
oversight, OST administers the DOT Insider Threat Program for all DOT
Operating Administrations except the FAA, which administers the DOT
Insider Threat Program for itself.
    The DOT Insider Threat Program will maintain information about
employees who demonstrate indicia of potential insider threats. Indicia
of potential insider threats may be identified to the DOT Insider
Threat Program through referrals or the Insider Threat Program office's
review/analysis of DOT information assets (together, referred to as
``reports''). Reports of potential insider threats can come from a
variety of sources, including other Federal agencies, DOT employees,
and Insider Threat program staff. The DOT Insider Threat Program will
review reports in accordance with established DOT and FAA Insider
Threat Program management policy and procedures, as applicable. Based
on this review, an appropriate authorized OST or FAA official will
determine whether to proceed with an insider threat inquiry, refer the
matter to appropriate law enforcement officials, close the matter, or
take other appropriate action. Insider threat inquiries will be
comprised primarily of existing DOT information assets including, but
not limited to, records from information security, personnel security,
and human resources; and may include information obtained from other
Federal agencies or from publicly available resources (such as internet
searches). The DOT Insider Threat Program records also will be used to
track reports of indicia of potential insider threats, whether or not
an inquiry was opened; the rationale for opening or not opening an
inquiry; the disposition of all inquiries, and referrals to law
enforcement (such as the DOT Office of the Inspector General or the
Federal Bureau of Investigation); and to report on DOT's Insider Threat
Program activities.
    In addition to the General Routine Uses applicable to all DOT
systems of records, the Department may disclose information from this
system to third parties, only to the extent necessary and relevant to
an insider threat inquiry conducted by DOT or FAA. The DOT also may
disclose information from this system to other Federal agencies, when
necessary and relevant to an insider threat inquiry conducted by that
Federal agency. These routine uses are compatible with the purposes for
which the information was collected because individuals who have
authorized access to classified or controlled unclassified information
are aware that the Federal Government must take steps, such as sharing
information with other Federal agencies, when necessary to obtain
additional information relevant to the subject matter of an insider
threat inquiry. It must also protect these assets from unauthorized
access, use, and disclosure, including regularly evaluating/re-
evaluating individuals' suitability for employment and for access to
classified or sensitive but unclassified information and information
systems.
    This new system will be included in DOT's inventory of record
systems.

II. Privacy Act

    The Privacy Act (5 U.S.C. 552a) governs the means by which the
Federal Government collects, maintains, and uses personally
identifiable information (PII) in a System of Records. A ``System of
Records'' is a group of any records under the control of a Federal
agency from which information about individuals is retrieved by name or
other personal identifier. The Privacy Act requires each agency to
publish in the Federal Register a System of Records notice (SORN)
identifying and describing each System of Records the agency maintains,
including the purposes for which the agency uses PII in the system, the
routine uses for which the agency discloses such information outside
the agency, and how individuals to whom a Privacy Act record pertains
can exercise their rights under the Privacy Act (e.g., to determine if
the system contains information about them and to contest inaccurate
information).
    In a notice of proposed rulemaking, which will be published
separately in the Federal Register, the Department is proposing
exempting this system from certain provisions of the Privacy Act,
pursuant to 5 U.S.C. 552a(k)(1) and (k)(2).
    In accordance with 5 U.S.C. 552a(r), DOT has provided a report of
this system of records to the Office of Management and Budget and to
Congress.
SYSTEM NAME AND NUMBER
    Department of Transportation (DOT)/ALL--26, Insider Threat Program

SECURITY CLASSIFICATION:
    Most of the records in this system are unclassified or controlled
unclassified information; however, the system also may include records
that are classified.

SYSTEM LOCATION:
    Records are maintained in the DOT, Office of the Secretary, and
Federal Aviation Administration at their headquarters in Washington,
DC.

SYSTEM MANAGERS:
    DOT, Office of Intelligence, Security and Emergency Response, 1200
New Jersey Ave. SE, Washington, DC 20590.
    FAA, Assistant Administrator for Security and Hazardous Materials
Safety, 800 Independence Avenue SW, Washington, DC 20591.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. 3381 (section 811 of the Intelligence Authorization Act
for Fiscal Year 1995); Executive Order 10450, Security Requirements for
Government

Employment (April 17, 1953); Executive Order 12444; Executive Order
10865, Safeguarding Classified Information within Industry (Jan. 7,
1961); Executive Order 12829, National Industrial Security Program
(Jan. 6, 1993); Executive Order 12968, Access to Classified Information
(Aug. 2, 1995); Executive Order 13567, Reforming Processes Related to
Suitability for Government Employment, Fitness for Contractor
Employees, and Eligibility for Access to Classified National Security
Information (June 30, 2008); Executive Order 13488, Granting
Reciprocity on Excepted Service and Federal Contractor Employee Fitness
and Reinvestigating Individuals in Positions of Public Trust (Jan. 16,
2009); Executive Order 13526, Classified National Security Information
(Jan. 5, 2010); Executive Order 13587, Structural Reforms to Improve
the Security of Classified Networks and the Responsible Sharing and
Safeguarding of Classified Information (Oct. 7, 2011); 49 U.S.C. 40113,
49 U.S.C. 44701(a)(5).

PURPOSE(S) OF THE SYSTEM:
    The purpose of this system is to receive and respond to reports of
potential insider threats, manage and track insider threat inquiries
and law enforcement referrals, and identify potential insider threats
to DOT information assets.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Current and former DOT employees, including contractors,
subcontractors, experts, consultants, licensees, certificate holders,
grantees, interns, students, or any other category of person who acts
on behalf of DOT and has authorized access to classified or controlled
unclassified information, as determined by the Secretary of
Transportation or Administrator of the Federal Aviation Administration.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Categories of records in the system will include reports of indicia
of insider threat activity, and information relevant and necessary to
DOT's evaluation of those reports and the conduct of an insider threat
inquiry. These records may include information obtained from DOT
Operating Administrations, other Federal agencies, or publicly
available sources, including, but not limited to, personnel security
records, administrative adjudication records, regulatory records,
incident reports, personnel records, network or building access
records, identification media records, law enforcement records,
financial records, and travel records. Information derived from these
record sources may include full name; former names/aliases; date and
place of birth; social security number; hair and eye color; ethnicity
and race; gender; biometric data; mother's maiden name; current and
former home and work addresses, phone numbers, and email addresses;
employment history; military history; education history; criminal
history; court actions; credit reports; financial information,
including financial disclosure filings; personnel security
adjudications and eligibility decisions; spouse, cohabitant, or
relative names, dates and places of birth, social security numbers, and
citizenship information; foreign contacts and activities; travel
records or briefings; polygraph examination reports; document control
registries; facility access records; security violation files; and
requests for access to classified information. This system also
includes reports of indicia of potential insider threats and
counterintelligence referrals, insider threat inquiry reports, and
referrals to law enforcement.

RECORD SOURCE CATEGORIES:
    Records are obtained from existing DOT record systems, publicly-
available sources, Federal agencies, DOT employees, or individuals who
are the subject of such records.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records or
information contained in this system may be disclosed outside DOT as a
routine use pursuant to 5 U.S.C. 552a(b)(3):
    (1) To third parties only to the extent necessary and relevant to a
DOT or FAA insider threat inquiry;
    (2) To any Federal agency with responsibilities for activities
related to counterintelligence or the detection of insider threats, for
the purpose of conducting such activities;

DOT General Routine Uses
    (3) To the appropriate agency, whether Federal, State, local, or
foreign, charged with the responsibility of implementing,
investigating, prosecuting, or enforcing a statute, regulation, rule or
order, when a record in this system indicates a violation or potential
violation of law, whether civil, criminal, or regulatory in nature,
including any records from this system relevant to the implementation,
investigation, prosecution, or enforcement of the statute, regulation,
rule, or order that was or may have been violated;
    (4) To a Federal, State, or local agency maintaining civil,
criminal, or other relevant enforcement information or other pertinent
information, such as current licenses, if necessary for DOT to obtain
information relevant to a DOT decision concerning the hiring or
retention or an employee, the issuance of a security clearance, the
letting of a contract, or the issuance of a license, grant or other
benefit;
    (5) To a Federal agency, upon its request, in connection with the
requesting Federal agency's hiring or retention of an employee, the
issuance of a security clearance, the reporting of an investigation or
an employee, the letting of a contract, or the issuance of a license,
grant, or other benefit by the requesting agency, to the extent that
the information requested is relevant and necessary to the requesting
agency's decision on the matter;
    (6) To the Department of Justice, or any other Federal agency
conducting litigation, when (a) DOT, (b) any DOT employee, in his/her
official capacity, or in his/her individual capacity if the Department
of Justice has agreed to represent the employee, or (c) the United
States or any agency thereof, is a party to litigation or has an
interest in litigation, and DOT determines that the use of the records
by the Department of Justice or other Federal agency conducting the
litigation is relevant and necessary to the litigation; provided,
however, that DOT determines, in each case, that disclosure of the
records in the litigation is a use of the information contained in the
records that is compatible with the purpose for which the records where
collected.
    (7) To parties in proceedings before any court or adjudicative or
administrative body before which DOT appears when (a) DOT, (b) any DOT
employee in his or her official capacity, or in his or her individual
capacity where DOT has agreed to represent the employee, or (c) the
United States or any agency thereof is a party to litigation or has an
interest in the proceeding, and DOT determined that is relevant and
necessary to the proceeding; provided, however, that DOT determines, in
each case, that disclosure of the records in the proceeding is a use of
the information contained in the records that is compatible with the
purpose for which the records where collected.
    (8) To the Office of Management and Budget (OMB) in connection with
the review of privacy relief legislation as set forth in OMB Circular
A-19 at any stage of the legislative coordination and

clearance process set forth in that Circular.
    (9) To the National Archives and Records Administration for an
inspection under 44 U.S.C. 2904 and 2906.
    (10) To another agency or instrumentality of any government
jurisdiction for use in law enforcement activities, either civil or
criminal, or to expose fraudulent claims; however, this routine use
only permits the disclosure of names pursuant to a computer matching
program that otherwise complies with the requirements of the Privacy
Act.
    (11) To the Attorney General of the United States, or his/her
designee, information indicating that a person meets any of the
disqualifications for receipt, possession, shipment, or transport of a
firearm under the Brady Handgun Violence Prevention Act. In case of a
dispute concerning the validity of the information provided by DOT to
the Attorney General (or designee), it shall be a routine use of the
information in this system to make any disclosures of such information
to the National Background Check System, established by the Brady
Handgun Violence Prevention Act, as may be necessary to resolve such
dispute.
    (12) To appropriate agencies, entities, and persons, when (1) DOT
suspects or has confirmed that the security or confidentiality of
information in the system of records has been compromised; (2) DOT has
determined that as a result of the suspected or confirmed compromise
there is a risk of harm to economic or property interests, identity
theft or fraud, or harm to the security or integrity of this system or
other systems or programs (whether maintained by DOT or not) that rely
on the compromised information; and (3) the disclosure made to such
agencies, entities, or persons is reasonably necessary to assist in
connection with DOT's efforts to respond to the suspected or confirmed
compromise and prevent, minimize, or remedy such harm.
    (13) To the Office of Government Information Services (OGIS) for
the purpose of resolving disputes between requesters seeking
information under the Freedom of Information Act (FOIA) and DOT, or
OGIS' review of DOT's policies, procedures, and compliance with FOIA.
    (14) To DOT's contractors and their agents, DOT's experts,
consultants, and others performing or working on a contract, service,
cooperative agreement, or other assignment for DOT, when necessary to
accomplish an agency function related to this system of records.
    (15) To an agency, organization, or individual for the purpose of
performing an audit or oversight related to this system or records,
provided that DOT determines the records are necessary and relevant to
the audit or oversight activity. This routine use does not apply to
intra-agency sharing authorized under Section (b)(1) of the Privacy
Act.
    (16) To a Federal, State, local, tribal, foreign government, or
multinational agency, either in response to a request or upon DOT's
initiative, terrorism information (6 U.S.C. 485(a)(5), homeland
security information (6 U.S.C. 482(f)(1), or law enforcement
information (Guideline 2, report attached to White House Memorandum,
``Information Sharing Environment,'' Nov. 22, 2006), when DOT finds
that disclosure of the record is necessary and relevant to detect,
prevent, disrupt, preempt, or mitigate the effects of terrorist
activities against the territory, people, and interests of the United
States, as contemplated by the Intelligence Reform and Terrorism
Prevention Act of 2004, Public Law 108-456, and Executive Order 13388
(Oct. 25, 2005).

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    None.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records in this system are stored electronically and/or on paper in
secure facilities.

POLICIES AND PRACTICES FOR RETREIVEAL OF RECORDS:
    Records may be retrieved by individual's name or DOT- or FAA-
assigned case number.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    The records in this system are covered by National Archives and
Records Administration Schedule 5.6, items 230 and 240. Records
determined to be associated with an insider threat or to have potential
to be associated with an insider threat are destroyed 25 years after
the date the threat was discovered, but a longer retention is
authorized if required for business use. User attributed data collected
to monitor user activities on a network to enable insider threat
programs and activities to support authorized inquiries and
investigations, is destroyed five years after an inquiry was opened,
but a longer retention period is authorized if required for business
use.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Records in this system are safeguarded in accordance with
applicable rules and policies, including all applicable DOT automated
systems security and access policies. Strict controls have been imposed
to minimize the risk of compromising the information that is being
stored. Access to records in this system is limited to those
individuals who have a need to know the information for the performance
of their official duties and who have appropriate clearances or
permissions.

RECORD ACCESS PROCEDURES:
    Individual seeking access to records in this system of records
should follow the procedures described in the section ``Notification
procedure'' below.

CONTESTING RECORD PROCEDURES:
    Individuals seeking amendment to the records in this system of
records should follow the procedures described in the section
``Notification procedure'' below.

NOTIFICATION PROCEDURES:
    The Secretary of Transportation has exempted this system from the
notification, access, and amendment procedures of the Privacy Act
because it may contain classified information, and includes allegations
and inquiries about potential unauthorized disclosure of classified or
controlled unclassified information in violation of federal law.
However, DOT/FAA will consider individual requests to determine whether
or not the information requested may be released. Thus, individuals who
seek notification of and access to any record contained in this system,
or who seek to contest its content, may submit a request for such
information to the DOT or FAA. Individuals seeking access to records in
this system maintained by the DOT Insider Threat Program should submit
a request to the DOT or FAA System Manager identified at the address
listed under ``System Manager and Address,'' above.
    When seeking records about yourself from this system of records or
any other Departmental system of records your request must conform with
the Privacy Act regulations set forth in 49 CFR part 10. You must sign
your request, and your signature must either be notarized or submitted
under 28 U.S.C. 1746, a law that permits statements to be made under
penalty of perjury as a substitute for notarization. If your request is
seeking records pertaining to another living individual, you must
include a statement from that individual

certifying his/her agreement for you to access his/her records.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    This system contains classified and unclassified records that are
exempt from the following provisions of the Privacy Act pursuant to 5
U.S.C. 552a(k)(1) and (k)(2): (c)(3), (d), (e)(1), (e)(4)(G)-(I), and
(f).

HISTORY
    This is a new system of records.

Claire W. Barrett,
Departmental Chief Privacy Officer.
[FR Doc. 2018-21441 Filed 10-2-18; 8:45 am]
 BILLING CODE P


[Federal Register Volume 86, Number 121 (Monday, June 28, 2021)]
[Notices]
[Page 34080]
[FR Doc No: 2021-13845]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meetings

TIME AND DATE: 2:00 p.m. on Thursday, July 1, 2021.

PLACE:  The meeting will be held via remote means and/or at the
Commission's headquarters, 100 F Street NE, Washington, DC 20549.

STATUS:  This meeting will be closed to the public.

MATTERS TO BE CONSIDERED:  Commissioners, Counsel to the Commissioners,
the Secretary to the Commission, and recording secretaries will attend
the closed meeting. Certain staff members who have an interest in the
matters also may be present.
    In the event that the time, date, or location of this meeting
changes, an announcement of the change, along with the new time, date,
and/or place of the meeting will be posted on the Commission's website
at https://www.sec.gov.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B) and (10) and 17 CFR
200.402(a)(3), (a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and (a)(10),
permit consideration of the scheduled matters at the closed meeting.
    The subject matter of the closed meeting will consist of the
following topics:
    Institution and settlement of injunctive actions;
    Institution and settlement of administrative proceedings;
    Resolution of litigation claims; and
    Other matters relating to examinations and enforcement proceedings.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting agenda items that may consist of
adjudicatory, examination, litigation, or regulatory matters.

CONTACT PERSON FOR MORE INFORMATION:  For further information, please
contact Vanessa A. Countryman from the Office of the Secretary at (202)
551-5400.

     Dated: June 24, 2021.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2021-13845 Filed 6-24-21; 4:15 pm]
BILLING CODE 8011-01-P


[Federal Register: August 24, 2010 (Volume 75, Number 163)]
[Rules and Regulations]
[Page 51950-51953]
[DOCID:fr24au10-17]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 55

[EPA-R01-OAR-2010-0442; A-1-FRL-9167-7]

Outer Continental Shelf Air Regulations Consistency Update for
Massachusetts

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving an update to a portion of the Outer
Continental Shelf (``OCS'') Air Regulations. Requirements applying to
OCS sources located within 25 miles of States' seaward boundaries must
be updated periodically to remain consistent with the requirements of
the corresponding onshore area (``COA''), as mandated by the Clean Air
Act (``the Act''). The portion of the OCS air regulations that is being
updated pertains to the requirements for OCS sources in the
Commonwealth of Massachusetts. The intended effect of approving the OCS
requirements for the Commonwealth of Massachusetts is to regulate
emissions from OCS sources in accordance with the requirements onshore.
The change to the existing requirements discussed below is incorporated
by reference into the Code of Federal Regulations and is listed in the
appendix to the OCS air regulations.

DATES: This direct final rule will be effective October 25, 2010,
unless EPA receives adverse comments by September 23, 2010. If adverse
comments are received, EPA will publish a timely withdrawal of the
direct final rule in the Federal Register informing the public that the
rule will not take effect. The incorporation by reference of certain
publications listed in this rule is approved by the Director of the
Federal Register as of October 25, 2010.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2010-0442 by 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: ``Docket Identification Number EPA-R01-OAR-2010-0442'',
Ida McDonnell, U.S. Environmental Protection Agency, EPA New England
Regional Office, Office of Ecosystem Protection, Air Permits, Toxics
and Indoor Air Unit, 5 Post Office Square--Suite 100, (Mail Code OEP05-
2), Boston, MA 02109-3912.
    5. Hand Delivery or Courier. Deliver your comments to: Ida
McDonnell, Manager, Air Permits, Toxics and Indoor Air Unit, Office of
Ecosystem Protection, U.S. Environmental Protection Agency, EPA New
England Regional Office, 5 Post Office Square--Suite 100, (Mail Code
OEP05-2), Boston, MA 02109-3912. Such deliveries are only accepted
during the Regional Office's normal hours of operation. The Regional
Office's official hours of business are Monday through Friday, 8:30 to
4:30, excluding legal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R01-OAR-
2010-0442. 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
or otherwise protected. The http://www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
    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 www.regulations.gov or
in hard copy at Office of Ecosystem Protection, U.S. Environmental
Protection Agency, EPA New England Regional Office, 5 Post Office
Square--Suite 100, Boston, MA. EPA requests that if at all possible,
you contact the contact listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:30 to 4:30, excluding
legal holidays.

FOR FURTHER INFORMATION CONTACT: Ida E. McDonnell, Air Permits, Toxics
and Indoor Air Unit, U.S. Environmental Protection Agency, EPA New
England Regional Office, 5 Post Office Square--Suite 100, (Mail Code
OEP05-2), Boston, MA 02109-3912, telephone number<PHONE_NUMBER>, fax
number<PHONE_NUMBER>, e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
    Organization of this document. The following outline is provided to
aid in locating information in this preamble.

I. Background and Purpose
II. EPA's Evaluation
III. EPA's Action
IV. Statutory and Executive Order Reviews

I. Background and Purpose

    On September 4, 1992, EPA promulgated 40 CFR part 55,\1\ which
established requirements to control air pollution from Outer
Continental Shelf (OCS) sources in order to attain and maintain federal
and state ambient air quality standards and to comply with the
provisions of part C of title I of the Act. Part 55 applies to all OCS
sources offshore of the States except those located in the Gulf of
Mexico west of 87.5 degrees longitude. Section 328 of

the Act requires that for such sources located within 25 miles of a
State's seaward boundary, the requirements shall be the same as would
be applicable if the sources were located in the corresponding onshore
area (COA). Because the OCS requirements are based on onshore
requirements, and onshore requirements may change, section 328(a)(1)
requires that EPA update the OCS requirements as necessary to maintain
consistency with onshore requirements.
---------------------------------------------------------------------------

    \1\ The reader may refer to the Notice of Proposed Rulemaking,
December 5, 1991 (56 FR 63774), and the preamble to the final rule
promulgated September 4, 1992 (57 FR 40792) for further background
and information on the OCS regulations.
---------------------------------------------------------------------------

    Pursuant to Sec.  55.12 of the OCS rule, consistency reviews will
occur (1) at least annually; (2) upon receipt of a Notice of Intent
under Sec.  55.4; or (3) when a state or local agency submits a rule to
EPA to be considered for incorporation by reference in part 55. This
proposed action is being taken as a result of EPA's annual review of
the Commonwealth of Massachusetts regulations.
    Section 328(a) of the Act requires that EPA establish requirements
to control air pollution from OCS sources located within 25 miles of
States' seaward boundaries that are the same as onshore requirements.
To comply with this statutory mandate, EPA must incorporate applicable
onshore rules into part 55 as they exist onshore. This limits EPA's
flexibility in deciding which requirements will be incorporated into
part 55 and prevents EPA from making substantive changes to the
requirements it incorporates. As a result, EPA may be incorporating
rules into part 55 that do not conform to all of EPA's state
implementation plan (``SIP'') guidance or certain requirements of the
Act.
    Consistency updates may result in the inclusion of state or local
rules or regulations into part 55, even though the same rules may
ultimately be disapproved for inclusion as part of the SIP. Inclusion
in the OCS rule does not imply that a rule meets the requirements of
the Act for SIP approval, nor does it imply that the rule will be
approved by EPA for inclusion in the SIP.
    On September 17, 2008 (73 FR 53718), EPA finalized a consistency
update of the OCS regulations pertaining to the requirements of the OCS
sources in the Commonwealth of Massachusetts.\2\ After EPA's September
17, 2008 updates to 40 CFR part 55, the Commonwealth of Massachusetts
adopted regulation changes to 310 Code of Massachusetts Regulations
(CMR) 4.00: Timely Action Schedule and Fee Provisions, 310 CMR 6.00:
Ambient Air Quality Standards for the Commonwealth of Massachusetts,
310 CMR 7.00: Air Pollution Control, and 310 CMR 8:00: The Prevention
and/or Abatement of Air Pollution Episode and Air Pollution Incident
Emergencies.
---------------------------------------------------------------------------

    \2\ The reader may refer to the preamble to that final
consistency update and to the preamble to the February 27, 2008
proposed consistency update (73 FR 10406) for background, including
EPA's interpretation of certain Massachusetts regulations as applied
to OCS sources. Those interpretations continue to apply.
---------------------------------------------------------------------------

II. EPA's Evaluation

    In updating 40 CFR part 55, EPA reviewed the state rules for
inclusion in part 55 to ensure that they are rationally related to the
attainment or maintenance of federal or state ambient air quality
standards or part C of title I of the Act, that they are not designed
expressly to prevent exploration and development of the OCS and that
they are applicable to OCS sources. 40 CFR 55.1. EPA has also evaluated
the rules to ensure they are not arbitrary or capricious. 40 CFR
55.12(e). In addition, EPA has excluded administrative or procedural
rules,\3\ and requirements that regulate toxics which are not related
to the attainment and maintenance of federal and state ambient air
quality standards.
---------------------------------------------------------------------------

    \3\ Each COA that has been delegated the authority to implement
and enforce part 55 will use its administrative and procedural rules
as onshore. However, in those instances where EPA has not delegated
authority to implement and enforce part 55, as in Massachusetts, EPA
will use its own administrative and procedural requirements to
implement the substantive requirements. See 40 CFR 55.14(c)(4).
Regarding fees, see 40 CFR 55.10.
---------------------------------------------------------------------------

III. EPA's Action

    EPA is taking direct final action to incorporate applicable
provisions of 310 Code of Massachusetts Regulations (CMR) 4.00: Timely
Action Schedule and Fee Provisions, 310 CMR 6.00: Ambient Air Quality
Standards for the Commonwealth of Massachusetts, 310 CMR 7.00: Air
Pollution Control, and 310 CMR 8:00: The Prevention and/or Abatement of
Air Pollution Episode and Air Pollution Incident Emergencies, as
amended through May 20, 2010.
    The EPA is publishing this action without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to update the OCS regulations should
relevant adverse comments be filed. This rule will be effective October
25, 2010 without further notice unless the Agency receives relevant
adverse comments by September 23, 2010.
    If the EPA receives such comments, then EPA will publish a notice
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period on the proposed rule. All parties
interested in commenting on the proposed rule should do so at this
time. If no such comments are received, the public is advised that this
rule will be effective on October 25, 2010 and no further action will
be taken on the proposed rule. Please note that if EPA receives adverse
comment on an amendment, paragraph, or section of this rule and if that
provision may be severed from the remainder of the rule, EPA may adopt
as final those provisions of the rule that are not the subject of an
adverse comment.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to establish
requirements to control air pollution from OCS sources located within
25 miles of States' seaward boundaries that are the same as onshore air
control requirements. To comply with this statutory mandate, EPA must
incorporate applicable onshore rules into part 55 as they exist
onshore. 42 U.S.C. 7627(a)(1); 40 CFR 55.12. Thus, in promulgating OCS
consistency updates, EPA's role is to maintain consistency between OCS
regulations and the regulations of onshore areas, provided that they
meet the criteria of the Clean Air Act. Accordingly, this action simply
updates the existing OCS requirements to make them consistent with
requirements onshore, without the exercise of any policy discretion by
EPA. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     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 Clean Air Act; 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, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
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, nor does it impose
substantial direct compliance costs on tribal governments, nor preempt
tribal law.
    Under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501
et seq., 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. OMB has approved the information
collection requirements contained in 40 CFR part 55 and, by extension,
this update to the rules, and has assigned OMB control number 2060-
0249. Notice of OMB's approval of EPA Information Collection Request
(``ICR'') No. 1601.07 was published in the Federal Register on February
17, 2009 (74 FR 7432). The approval expires January 31, 2012. As EPA
previously indicated (70 FR 65897-65898 (November 1, 2005)), the annual
public reporting and recordkeeping burden for collection of information
under 40 CFR part 55 is estimated to average 549 hours per response
using the definition of burden provided in 44 U.S.C. 3502(2).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by October 25, 2010. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 55

    Environmental protection, Administrative practice and procedure,
Air pollution control, Continental Shelf, Incorporation by reference,
Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides.

    Dated: June 8, 2010.
H. Curtis Spalding,
Regional Administrator, EPA New England.

0
Title 40, chapter I of the Code of Federal Regulations, is amended as
follows:

PART 55--[AMENDED]

0
1. The authority citation for part 55 continues to read as follows:

    Authority:  Section 328 of the Act (42 U.S.C. 7401, et seq.) as
amended by Public Law 101-549.

0
2. Section 55.14 is amended by revising paragraphs (e) introductory
text and (e)(11)(i)(A) to read as follows:

Sec.  55.14  Requirements that apply to OCS sources located within 25
miles of States' seaward boundaries, by State.

* * * * *
    (e) State and local requirements. State and local requirements
promulgated by EPA as applicable to OCS sources located within 25 miles
of States' seaward boundaries have been compiled into separate
documents organized by State and local areas of jurisdiction. These
documents, set forth below, are incorporated by reference. This
incorporation by reference was approved by the Director of the Federal
Register Office in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
Copies may be inspected 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://www.archives.gov/
federal_register/code _of_federal_regulations/ibr_locations.html.
    Copies of rules pertaining to particular states or local areas may
be inspected or obtained from the EPA Docket Center--Public Reading
Room, EPA West Building, Room 3334, 1301 Constitution Avenue, NW.,
Washington, DC 20004 or the appropriate EPA regional offices: U.S.EPA,
Region 1 (Massachusetts) 5 Post Office Square, Boston, MA 02109-3912 ;
U.S. EPA, Region 2 (New Jersey and New York), 290 Broadway, New York,
NY 10007-1866; U.S. EPA, Region III (Delaware), 1650 Arch Street,
Philadelphia, PA 19103,<PHONE_NUMBER>; U.S. EPA, Region 4 (Florida and
North Carolina), 61 Forsyth Street, Atlanta, GA 30303; U.S. EPA, Region
9 (California), 75 Hawthorne Street, San Francisco, CA 94105; and U.S.
EPA, Region 10 (Alaska), 1200 Sixth Avenue, Seattle, WA 98101. For an
informational listing of the State and local requirements incorporated
into this part, which are applicable to sources of air pollution
located on the OCS, see appendix A to this part.
* * * * *
    (11) * * *
    (i) * * *
    (A) Commonwealth of Massachusetts Requirements Applicable to OCS
Sources, May 20, 2010.
* * * * *

0
3. Appendix A to Part 55 is amended under ``Massachusetts'' by revising
paragraph (a)(1) to read as follows:

Appendix A to Part 55--Listing of State and Local Requirements
Incorporated by Reference Into Part 55, By State

* * * * *

Massachusetts

    (a) * * *
    (1) The following Commonwealth of Massachusetts requirements are
applicable to OCS Sources, May 20, 2010, Commonwealth of
Massachusetts--Department of Environmental Protection.
    The following sections of 310 CMR 4.00, 310 CMR 6.00, 310 CMR
7.00 and 310 CMR 8.00:

310 CMR 4.00: Timely Action Schedule and Fee Provisions

Section 4.01: Purpose, Authority and General Provisions (Effective
9/4/2009)
Section 4.02: Definitions (Effective 9/4/2009)
Section 4.03: Annual Compliance Assurance Fee (Effective 9/4/2009)
Section 4.04: Permit Application Schedules and Fee (Effective 9/4/
2009)

Section 4.10: Appendix: Schedules for Timely Action and Permit
Application Fees (Effective 9/4/2009)

310 CMR 6.00: Ambient Air Quality Standards for the Commonwealth of
Massachusetts

Section 6.01: Definitions (Effective 4/2/2010)
Section 6.02: Scope (Effective 4/2/2010)
Section 6.03: Reference Conditions (Effective 4/2/2010)
Section 6.04: Standards (Effective 4/2/2010)

310 CMR 7.00: Air Pollution Control

Section 7.00: Statutory Authority; Legend; Preamble; Definitions
(Effective 4/2/2010)
Section 7.01: General Regulations to Prevent Air Pollution
(Effective 4/2/2010)
Section 7.02: U Plan Approval and Emission Limitations (Effective 4/
2/2010)
Section 7.03: U Plan Approval Exemptions: Construction Requirements
(Effective 4/2/2010)
Section 7.04: U Fossil Fuel Utilization Facilities (Effective 4/2/
2010)
Section 7.05: U Fuels All Districts (Effective 4/2/2010)
Section 7.06: U Visible Emissions (Effective 4/2/2010)
Section 7.07: U Open Burning (Effective 4/2/2010)
Section 7.08: U Incinerators (Effective 4/2/2010)
Section 7.09: U Dust, Odor, Construction and Demolition (Effective
4/2/2010)
Section 7.11: U Transportation Media (Effective 4/2/2010)
Section 7.12: U Source Registration (Effective 4/2/2010)
Section 7.13: U Stack Testing (Effective 4/2/2010)
Section 7.14: U Monitoring Devices and Reports (Effective 4/2/2010)
Section 7.15: U Asbestos (Effective 4/2/2010)
Section 7.18: U Volatile and Halogenated Organic Compounds
(Effective 4/2/2010)
Section 7.19: U Reasonably Available Control Technology (RACT) for
Sources of Oxides of Nitrogen (NOX) (Effective 4/2/2010)
Section 7.21: Sulfur Dioxide Emissions Limitations (Effective 4/2/
2010)
Section 7.22: Sulfur Dioxide Emissions Reductions for the Purpose of
Reducing Acid Rain (Effective 4/2/2010)
Section 7.24: U Organic Material Storage and Distribution (Effective
4/2/2010)
Section 7.25: U Best Available Controls for Consumer and Commercial
Products (Effective 4/2/2010)
Section 7.26: Industry Performance Standards (Effective 4/2/2010)
Section 7.32: Massachusetts Clean Air Interstate Rule (Mass CAIR)
(Effective 4/2/2010)
Section 7.60: U Severability (Effective 4/2/2010)
Section 7.70: Massachusetts CO2 Budget Trading Program (Effective 4/
2/2010)
Section 7.71: Reporting of Greenhouse Gas Emissions (Effective 4/2/
2010)
Section 7.00: Appendix A (Effective 4/2/2010)
Section 7.00: Appendix B (Effective 4/2/2010)
Section 7.00: Appendix C (Effective 4/2/2010)

310 CMR 8.00: The Prevention and/or Abatement of Air Pollution Episode
and Air Pollution Incident Emergencies

Section 8.01: Introduction (Effective 4/2/2010)
Section 8.02: Definitions (Effective 4/2/2010)
Section 8.03: Air Pollution Episode Criteria (Effective 4/2/2010)
Section 8.04: Air Pollution Episode Potential Advisories (Effective
4/2/2010)
Section 8.05: Declaration of Air Pollution Episodes and Incidents
(Effective 4/2/2010)
Section 8.06: Termination of Air Pollution Episodes and Incident
Emergencies (Effective 4/2/2010)
Section 8.07: Emission Reductions Strategies (Effective 4/2/2010)
Section 8.08: Emission Reduction Plans (Effective 4/2/2010)
Section 8.15: Air Pollution Incident Emergency (Effective 4/2/2010)
Section 8.30: Severability (Effective 4/2/2010)
* * * * *

[FR Doc. 2010-20710 Filed 8-23-10; 8:45 am]
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