[Federal Register Volume 85, Number 50 (Friday, March 13, 2020)]
[Proposed Rules]
[Pages 14621-14622]
[FR Doc No: 2020-05009]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R10-OAR-2020-0074; FRL-FRL 10006-46-Region 10]

Approval and Promulgation of State Plans for Designated
Facilities and Pollutants; Oregon Department of Environmental Quality;
Control of Emissions From Existing Municipal Solid Waste Landfills

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a Clean Air Act (CAA) section 111(d) plan submitted by the
Oregon Department of Environmental Quality (ODEQ). This state plan
establishes emission limits for existing municipal solid waste (MSW)
landfills and provides for the implementation and enforcement of these
limits. ODEQ submitted this state plan to fulfill its requirements
under section 111(d) of the CAA in response to the EPA's promulgation
of Emissions Guidelines and Compliance Times for MSW landfills.

DATES: Written comments must be received on or before April 13, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2020-0074 at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from 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, please contact
the person identified in the For Further Information Contact section.
For the full EPA public comment policy, information about CBI or
multimedia submissions, and general guidance on making effective
comments, please visit http://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Geoffrey Glass (he/him), U.S. EPA,
Region 10, 1200 Sixth Avenue, Suite 155, Mailcode: 15-H13, Seattle,
Washington 98101. He can also be reached by phone at<PHONE_NUMBER> or
by email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On August 29, 2016, the EPA finalized Standards of Performance for
Municipal Solid Waste Landfills and Emission Guidelines and Compliance
Times for Municipal Solid Waste Landfills in 40 CFR part 60, subpart
XXX and Cf, respectively. 81 FR 59332. These actions were taken under
section 111 of the CAA.
    Section 111(d) of the CAA requires the EPA to establish a procedure
for a state to submit a plan to the EPA that establishes standards of
performance for any air pollutant: (1) For which air quality criteria
have not been issued or which is not included on a list published under
CAA section 108 or emitted from a source category which is regulated
under CAA section 112 but (2) to which a standard of performance under
CAA section 111 would apply if such existing source were a new source.
The EPA established these requirements for state plan submittals in 40
CFR part 60, subpart B.\1\ State submittals under CAA sections 111(d)
must be consistent with the relevant emission guidelines, in this
instance 40 CFR part 60, subpart Cf, and the requirements of 40 CFR
part 60, subpart B.
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    \1\ The EPA adopted new implementing regulations for Emission
Guidelines on July 8, 2019, by promulgating 40 CFR part 60, subpart
Ba. (84 FR 32575) The EPA adopted the new subpart Ba implementing
regulations for Municipal Solid Waste Landfills and they became
effective on September 6, 2019 (84 FR 44547 (August 26, 2019)) after
ODEQ submitted its state plan.
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    On August 2, 2019, ODEQ submitted to the EPA a section 111(d) plan
for existing MSW landfills. The submitted section 111(d) plan was in
response to the August 29, 2016 promulgation of federal emission
guidelines requirements for MSW landfills, 40 CFR part 60, subpart Cf
(81 FR 59332).

II. Summary of the Plan and EPA Analysis

    The EPA has reviewed the ODEQ section 111(d) plan submittal in the
context of the requirements of 40 CFR part 60, subparts B and Cf, and
part 62, subpart A. In this action, the EPA is proposing to determine
that ODEQ's section 111(d) plan meets the above-cited requirements. On
July 19, 2019, Oregon amended the Oregon Administrative Rules at
Chapter 340, Division 236 (OAR 340-236-500) by incorporating regulatory
language to

implement the emission guidelines for MSW landfills. The primary
mechanism used by ODEQ to implement the emission guidelines for
existing MSW landfills under state jurisdiction is through
incorporation by reference of 40 CFR part 60, subpart Cf requirements
into OAR 340-236-500. The changes ODEQ has made to the language in the
emission guidelines were made to convert the language in the Emission
Guidelines to enforceable requirements. These regulations will be
applicable to MSW landfills in the state of Oregon under the plan upon
the EPA's approval of the plan by final rulemaking.\2\ A detailed
explanation of the rationale behind this proposed approval is available
in the Technical Support Document (TSD).
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    \2\ In its submittal, ODEQ demonstrated that the Lane Regional
Air Protection Agency, a local clean air agency in Lane County, has
authority adequate to implement and enforce the section 111(d) plan,
but states that, at this time, there are no affected sources in Lane
County.
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III. Proposed Action

    The EPA is proposing to approve the ODEQ section 111(d) plan for
MSW landfills submitted pursuant to 40 CFR part 60, subpart Cf.
Therefore, the EPA is proposing to amend 40 CFR part 62, subpart MM to
reflect this action. This approval is based on the rationale previously
discussed in this document and in further detail in the TSD associated
with this action. The scope of the proposed approval of the section
111(d) plan is limited to the provisions of 40 CFR parts 60 and 62 for
existing MSW landfills, as referenced in the emission guidelines,
subpart Cf.
    The EPA Administrator continues to retain authority for approval of
alternative methods to determine the nonmethane organic compound
concentration or a site-specific methane generation rate constant (k),
as stipulated in 40 CFR 60.30f(c).
    As discussed in our previous approval of Oregon's MSW Landfill
Plan, because the five-day notice provision in the Oregon Revised
Statutes (ORS) 468.126(1) could preclude enforcement of the plan in
some instances, application of the notice provision would disqualify
the plan for EPA approval. Accordingly, pursuant to ORS 468.126(2)(e)
and consistent with a letter from the state of Oregon, the five-day
notice requirement of ORS 468.126(1) does not apply in the case of
violations of the MSW Landfill Plan, even if requirements of the plan
are incorporated into a permit. 63 FR 34816, 34817 (June 26, 1998).

IV. Incorporation by Reference

    In this document, the EPA is proposing to incorporate by reference
ODEQ rules regarding MSW landfills discussed in section II of this
preamble in accordance with the requirements of 1 CFR 51.5. The EPA has
made, and will continue to make, these materials generally available
through https://www.regulations.gov, Docket ID No. EPA-R10-OAR-2020-
0074, and at the EPA Region 10 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

    In reviewing state plan submissions, the EPA's role is to approve
state choices, provided that they meet the criteria of the CAA.
Accordingly, this action merely approves state law as meeting federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this proposed 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);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because this action is not significant under
Executive Order 12866.
     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, this proposed approval of the ODEQ plan submittal for
existing MSW landfills does not apply in Indian Country. Therefore, the
state plan 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 62

    Environmental protection, Air pollution control, Landfills,
Incorporation by reference, Intergovernmental relations, Methane,
Ozone, Reporting and recordkeeping requirements,Volatile organic
compounds.

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

    Dated: February 28, 2020.
Chris Hladick,
Regional Administrator, Region 10.
[FR Doc. 2020-05009 Filed 3-12-20; 8:45 am]
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[Federal Register Volume 76, Number 173 (Wednesday, September 7, 2011)]
[Rules and Regulations]
[Pages 55233-55235]
[FR Doc No: 2011-22444]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 30799; Amdt. No. 3440]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This establishes, amends, suspends, or revokes Standard
Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums
and Obstacle Departure Procedures for operations at certain airports.
These regulatory actions are needed because of the adoption of new or
revised criteria, or because of changes occurring in the National
Airspace System, such as the commissioning of new navigational
facilities, adding new obstacles, or changing air traffic requirements.
These changes are designed to provide safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective September 7, 2011. The compliance date
for each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions. The incorporation by reference of certain
publications listed in the regulations is approved by the Director of
the Federal Register as of September 7, 2011.

ADDRESSES: Availability of matters incorporated by reference in the
amendment is as follows:

For Examination

    1. FAA Rules Docket, FAA Headquarters Building, 800 Independence
Avenue, SW., Washington, DC 20591;
    2. The FAA Regional Office of the region in which the affected
airport is located;
    3. The National Flight Procedures Office, 6500 South MacArthur
Blvd., Oklahoma City, OK 73169 or
    4. The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    Availability--All SIAPs and Takeoff Minimums and ODPs are available
online free of charge. Visit http://www.nfdc.faa.gov to register.
Additionally, individual SIAP and Takeoff Minimums and ODP copies may
be obtained from:
    1. FAA Public Inquiry Center (APA-200), FAA Headquarters Building,
800 Independence Avenue, SW., Washington, DC 20591; or
    2. The FAA Regional Office of the region in which the affected
airport is located.

FOR FURTHER INFORMATION CONTACT: Harry J. Hodges, Flight Procedure
Standards Branch (AFS-420), Flight Technologies and Programs Divisions,
Flight Standards Service, Federal Aviation Administration, Mike
Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma
City, OK 73169 (Mail Address: P.O. Box 25082, Oklahoma City, OK 73125)
Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends Title 14 of the Code of
Federal Regulations, Part 97 (14 CFR part 97), by establishing,
amending, suspending, or revoking SIAPS, Takeoff Minimums and/or ODPS.
The complete regulators description of each SIAP and its associated
Takeoff Minimums or ODP for an identified airport is listed on FAA form
documents which are incorporated by reference in this amendment under 5
U.S.C. 552(a), 1 CFR part 51, and 14 CFR 97.20. The applicable FAA
Forms

are FAA Forms 8260-3, 8260-4, 8260-5, 8260-15A, and 8260-15B when
required by an entry on 8260-15A.
    The large number of SIAPs, Takeoff Minimums and ODPs, in addition
to their complex nature and the need for a special format make
publication in the Federal Register expensive and impractical.
Furthermore, airmen do not use the regulatory text of the SIAPs,
Takeoff Minimums or ODPs, but instead refer to their depiction on
charts printed by publishers of aeronautical materials. The advantages
of incorporation by reference are realized and publication of the
complete description of each SIAP, Takeoff Minimums and ODP listed on
FAA forms is unnecessary. This amendment provides the affected CFR
sections and specifies the types of SIAPs and the effective dates of
the, associated Takeoff Minimums and ODPs. This amendment also
identifies the airport and its location, the procedure, and the
amendment number.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP, Takeoff Minimums and ODP as contained in the
transmittal. Some SIAP and Takeoff Minimums and textual ODP amendments
may have been issued previously by the FAA in a Flight Data Center
(FDC) Notice to Airmen (NOTAM) as an emergency action of immediate
flight safety relating directly to published aeronautical charts. The
circumstances which created the need for some SIAP and Takeoff Minimums
and ODP amendments may require making them effective in less than 30
days. For the remaining SIAPS and Takeoff Minimums and ODPS, an
effective date at least 30 days after publication is provided.
    Further, the SIAPs and Takeoff Minimums and ODPS contained in this
amendment are based on the criteria contained in the U.S. Standard for
Terminal Instrument Procedures (TERPS). In developing these SIAPS and
Takeoff Minimums and ODPs, the TERPS criteria were applied to the
conditions existing or anticipated at the affected airports. Because of
the close and immediate relationship between these SIAPs, Takeoff
Minimums and ODPs, and safety in air commerce, I find that notice and
public procedures before adopting these SIAPS, Takeoff Minimums and
ODPs are impracticable and contrary to the public interest and, where
applicable, that good cause exists for making some SIAPs effective in
less than 30 days.

Conclusion

    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.
It, therefore--(1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air Traffic Control, Airports, Incorporation by reference, and
Navigation (air).

    Issued in Washington, DC on August 19, 2011.
John M. Allen,
Director, Flight Standards Service.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, Title 14,
Code of Federal Regulations, part 97 (14 CFR part 97) is amended by
establishing, amending, suspending, or revoking Standard Instrument
Approach Procedures and/or Takeoff Minimums and/or Obstacle Departure
Procedures effective at 0902 UTC on the dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120,
44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:

Effective 22 SEP 2011

Shenandoah, IA, Shenandoah Muni, VOR/DME RWY 12, Amdt 4
McCall, ID, McCall Muni, NDB RWY 34, Orig, CANCELLED
Bedford, IN, Virgil I Grisson Muni, Takeoff Minimums and Obstacle
DP, Orig
Manistee, MI, Manistee Co.-Blacker, Takeoff Minimums and Obstacle
DP, Amdt 6
Miles City, MT, Frank Wiley Field, NDB RWY 4, Amdt 5A, CANCELLED
Ballinger, TX, Bruce Field, Takeoff Minimums and Obstacle DP, Orig

Effective 20 OCT 2011

Anchorage, AK, Ted Stevens Anchorage Intl, Takeoff Minimums and
Obstacle DP, Amdt 6
St. Paul Island, AK, St. Paul Island, RNAV (GPS) RWY 18, Amdt 2B
Almyra, AR, Almyra Muni, Takeoff Minimums and Obstacle DP, Orig
Brinkley, AR, Frank Federer Memorial, Takeoff Minimums and Obstacle
DP, Orig
Walnut Ridge, AR, Walnut Ridge Rgnl, RNAV (GPS) RWY 4, Orig
Walnut Ridge, AR, Walnut Ridge Rgnl, RNAV (GPS) RWY 18, Amdt 1
Walnut Ridge, AR, Walnut Ridge Rgnl, RNAV (GPS) RWY 22, Amdt 1
Walnut Ridge, AR, Walnut Ridge Rgnl, RNAV (GPS) RWY 36, Amdt 1
Walnut Ridge, AR, Walnut Ridge Rgnl, Takeoff Minimums and Obstacle
DP, Orig
Hemet, CA, Hemet-Ryan, Takeoff Minimums and Obstacle DP, Amdt 2
Oakland, CA, Metropolitan Oakland Intl, RNAV (RNP) Z RWY 11, Orig-A
Susanville, CA, Susanville Muni, RNAV (GPS)-A, Amdt 1
Aspen, CO, Aspen-Pitkin Co/Sardy Field, SARDD TWO Graphic DP
St Petersburg-Clearwater, FL, St Petersburg-Clearwater Intl, ILS OR
LOC RWY 18L, ILS RWY 18L (SA CAT I), ILS RWY 18L (CAT II), Amdt 21A
St Petersburg-Clearwater, FL, St Petersburg-Clearwater Intl, ILS OR
LOC/DME RWY 36R, Amdt 2A
St Petersburg-Clearwater, FL, St Petersburg-Clearwater Intl, RNAV
(GPS) RWY 18L, Amdt 1A
St Petersburg-Clearwater, FL, St Petersburg-Clearwater Intl, RNAV
(GPS) RWY 36R, Amdt 2A
St Petersburg-Clearwater, FL, St Petersburg-Clearwater Intl, Takeoff
Minimums and Obstacle DP, Amdt 3
St Petersburg-Clearwater, FL, St Petersburg-Clearwater Intl, VOR RWY
36R, Amdt 1A
St Petersburg-Clearwater, FL, St Petersburg-Clearwater Intl, VOR/DME
RWY 18L, Amdt 1A
Chariton, IA, Chariton Muni, NDB RWY 17, Amdt 3A, CANCELLED
Pocahontas, IA, Pocahontas Muni, VOR/DME RWY 30, Amdt 4
McCall, ID, McCall Muni, MCCALL ONE Graphic DP, CANCELLED
McCall, ID, McCall Muni, PEPUC ONE Graphic DP
McCall, ID, McCall Muni, Takeoff Minimums and Obstacle DP, Amdt 3
Jacksonville, IL, Jacksonville Muni, Takeoff Minimums and Obstacle
DP, Orig
Monticello, IL, Piatt County, Takeoff Minimums and Obstacle DP, Orig
Portland, IN, Portland Muni, RNAV (GPS) RWY 9, Amdt 1
Portland, IN, Portland Muni, RNAV (GPS) RWY 27, Amdt 1
Winamac, IN, Arens Field, Takeoff Minimums and Obstacle DP, Orig
Atchison, KS, Amelia Earhart, Takeoff Minimums and Obstacle DP, Orig
Ashland, KY, Ashland Rgnl, Takeoff Minimums and Obstacle DP, Amdt 5
Danville, KY, Stuart Powell Field, Takeoff Minimums and Obstacle DP,
Amdt 1
Marksville, LA, Marksville Muni, Takeoff Minimums and Obstacle DP,
Orig

Cumberland, MD, Greater Cumberland Rgnl, RNAV (GPS) RWY 23, Orig-A
Albert Lea, MN, Albert Lea Muni, Takeoff Minimums and Obstacle DP,
Amdt 1
Moorhead, MN, Moorhead Muni, Takeoff Minimums and Obstacle DP, Orig
Potosi, MO, Washington County, RNAV (GPS) RWY 2, Amdt 2
Billings, MT, Billings Logan Intl, RNAV (GPS) RWY 25, Orig-B
Bowman, ND, Bowman Muni, Takeoff Minimums and Obstacle DP, Orig
Mohall, ND, Mohall Muni, Takeoff Minimums and Obstacle DP, Orig
Hugo, OK, Stan Stamper Muni, Takeoff Minimums and Obstacle DP, Orig
Madill, OK, Madill Muni, Takeoff Minimums and Obstacle DP, Amdt 1
Miami, OK, Miami Muni, Takeoff Minimums and Obstacle DP, Orig
Mooreland, OK, Mooreland Muni, Takeoff Minimums and Obstacle DP,
Orig
Stillwater, OK, Stillwater Rgnl, Takeoff Minimums and Obstacle DP,
Orig
Beaver Falls, PA, Beaver County, LOC RWY 10, Amdt 4
Lehighton, PA, Jake Arner Memorial, NDB RWY 8, Amdt 3, CANCELLED
Lehighton, PA, Jake Arner Memorial, NDB RWY 26, Amdt 4, CANCELLED
Columbia/Mount Pleasant, TN, Maury County, Takeoff Minimums and
Obstacle DP, Amdt 2
Smyrna, TN, Smyrna, Takeoff Minimums and Obstacle DP, Amdt 6
Sparta, TN, Upper Cumberland Rgnl, RNAV (GPS) RWY 4, Orig-B
Sparta, TN, Upper Cumberland Rgnl, RNAV (GPS) RWY 22, Orig-B
Brownsville, TX, Brownsville/South Padre Island Intl, RNAV (GPS) RWY
17, Orig
Brownsville, TX, Brownsville/South Padre Island Intl, Takeoff
Minimums and Obstacle DP, Orig
El Paso, TX, Horizon, Takeoff Minimums and Obstacle DP, Orig
Kenedy, TX, Karnes County, Takeoff Minimums and Obstacle DP, Amdt 1
Sinton, TX, Alfred C `Bubba' Thomas, VOR RWY 32, Amdt 9
Sweetwater, TX, Avenger Field, Takeoff Minimums and Obstacle DP,
Orig
Nephi, UT, Nephi Muni, NEPHI ONE Graphic DP
Nephi, UT, Nephi Muni, RNAV (GPS) RWY 17, Orig
Nephi, UT, Nephi Muni, RNAV (GPS) RWY 35, Orig
Nephi, UT, Nephi Muni, Takeoff Minimums and Obstacle DP, Orig
New Richmond, WI, New Richmond Rgnl, RNAV (GPS) RWY 14, Amdt 2
New Richmond, WI, New Richmond Rgnl, RNAV (GPS) RWY 32, Amdt 2

[FR Doc. 2011-22444 Filed 9-6-11; 8:45 am]
BILLING CODE 4910-13-P