[Federal Register: October 14, 2010 (Volume 75, Number 198)]
[Rules and Regulations]
[Page 63093-63103]
[DOCID:fr14oc10-20]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 112

[EPA-HQ-OPA-2009-0880; FRL-9213-8]
RIN 2050-AG59

Oil Pollution Prevention; Spill Prevention, Control, and
Countermeasure (SPCC) Rule--Compliance Date Amendment

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The U.S. Environmental Protection Agency (EPA or the Agency)
is promulgating a new compliance date of November 10, 2011 by which
certain facilities must prepare or amend their Spill Prevention,
Control, and Countermeasure (SPCC) Plans, and implement those Plans,
providing an additional year for certain facilities. This action allows
additional time for those affected in the regulated community to
understand the revisions to the SPCC rule finalized in December 2008
and November 2009. However, EPA is not extending the compliance date
for drilling, production or workover facilities that are offshore or
that have an offshore component, or for onshore facilities required to
have and submit Facility Response Plans (FRPs). Additionally, the
Agency is delaying the compliance date by which facilities must address
milk and milk product containers, associated piping and appurtenances
that are constructed according to the current applicable 3-A Sanitary
Standards, and subject to the current applicable Grade ``A''
Pasteurized Milk Ordinance (PMO) or a State dairy regulatory
requirement equivalent to the current applicable PMO. The date by which
the owner or operator of a facility must comply with the SPCC
requirements for these milk and milk product containers is delayed one
year from the effective date of a final rule specifically addressing
these milk and milk product containers, associated piping and
appurtenances, or as specified by a rule that otherwise establishes a
compliance date for these facilities. Both the extension and delay of
the compliance date provide time for certain facilities to undertake
the actions necessary to prepare or amend their SPCC Plans, as well as
implement them.

DATES: This final rule is effective on October 14, 2010.

ADDRESSES: The public docket for this rulemaking, Docket ID No. EPA-HQ-
OPA-2009-0880, contains the information related to this rulemaking,
including the response to comment document. All documents in the docket
are listed in the index at http://www.regulations.gov. Although listed
in the index, some information may not be publicly available, such as
Confidential Business Information (CBI) or other information the
disclosure of which is restricted by statute. Certain other material,
such as copyrighted material, will be publicly available only in hard
copy. Publicly available docket materials are available either
electronically at http://www.regulations.gov or in hard copy at the EPA
Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave., NW.,
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday,

excluding legal holidays. The telephone number of the Public Reading
Room is<PHONE_NUMBER>, and the telephone number to make an appointment
to view the docket is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: For general information on the SPCC
rule, contact the Superfund, TRI, EPCRA, RMP and Oil Information Center
at<PHONE_NUMBER> or TDD<PHONE_NUMBER> (hearing impaired). In the
Washington, DC metropolitan area, call<PHONE_NUMBER> or TDD (703) 412-
3323. For more detailed information on specific aspects of this final
rule, contact either Vanessa Principe at<PHONE_NUMBER>
<EMAIL_ADDRESS>or Mark W. Howard at<PHONE_NUMBER>
(howard.markw@epa.gov), U.S. Environmental Protection Agency, 1200
Pennsylvania Avenue, NW., Washington, DC, 20460-0002, Mail Code 5104A.

SUPPLEMENTARY INFORMATION: The contents of this preamble are:

I. General Information
II. Entities Potentially Affected by This Final Rule
III. Statutory Authority
IV. Background
V. This Action
    A. Extension of Compliance Date by One Year for Certain
Facilities
    B. Exceptions to the Compliance Date Extension
    C. Oil Production Facilities Beginning Operations After the
Compliance Date
    D. Delay of Compliance Date for Facilities Affecting Milk and
Milk Product Containers, Associated Piping and Appurtenances
    E. Summary of Comments and Response
    F. Other Considerations
VI. Statutory and Executive Order Reviews
    A. Executive Order 12866--Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132 Federalism
    F. Executive Order 13175--Consultation and Coordination With
Indian Tribal Governments
    G. Executive Order 13045--Protection of Children from
Environmental Health & Safety Risks
    H. Executive Order 13211--Actions That Significantly Affect
Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898--Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations
    K. Congressional Review Act

I. General Information

    On August 3, 2010, the Agency proposed to amend the date by which
certain facilities must prepare or amend their Spill Prevention,
Control, and Countermeasure (SPCC) Plans (or ``Plan''), and implement
those Plans (75 FR 45572). This action extends the compliance date an
additional year for certain facilities, with a new compliance date of
November 10, 2011, to allow time for those affected in the regulated
community to understand the revisions to the SPCC rule finalized in
December 2008 and November 2009 and amend or prepare and implement
their SPCC Plans. However, EPA is not extending the compliance date for
drilling, production or workover facilities that are offshore or that
have an offshore component, or for onshore facilities required to have
and submit Facility Response Plans (FRPs).
    Additionally, the Agency is delaying the compliance date by which
the owner or operator of a facility must address milk and milk product
containers, associated piping and appurtenances that are constructed
according to the current applicable 3-A Sanitary Standards, and subject
to the current applicable Grade ``A'' Pasteurized Milk Ordinance (PMO)
or a State dairy regulatory requirement equivalent to the current
applicable PMO. The date by which the owner or operator of a facility
must comply with SPCC requirements for these milk and milk product
containers is delayed one year from the effective date of a final rule
specifically addressing these milk and milk product containers,
associated piping and appurtenances, or as specified by a rule that
otherwise establishes a new compliance date for these facilities. Both
the extension and delay of the compliance date provide time for certain
facilities to undertake the actions necessary to prepare or amend their
SPCC Plans, as well as implement them.

II. Entities Potentially Affected by This Final Rule

    In the table below, EPA is providing a list of potentially affected
entities. However, this action may affect other entities not listed
below. The Agency's goal is to provide a guide for readers to consider
regarding entities that potentially could be affected by this action.
If you have questions regarding the applicability of this action to a
particular entity, consult the person listed in the preceding section
titled FOR FURTHER INFORMATION CONTACT.

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          Industry sector                        NAICS code
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Oil Production....................  211111
Farms.............................  111, 112
Electric Utility Plants...........  2211
Petroleum Refining and Related      324
 Industries.
Chemical Manufacturing............  325
Food Manufacturing................  311, 312
Manufacturing Facilities Using and  311, 325
 Storing Animal Fats and Vegetable
 Oils.
Metal Manufacturing...............  331, 332
Other Manufacturing...............  31-33
Real Estate Rental and Leasing....  531-533
Retail Trade......................  441-446, 448, 451-454
Contract Construction.............  23
Wholesale Trade...................  42
Other Commercial..................  492, 541, 551, 561-562
Transportation....................  481-488
Arts Entertainment & Recreation...  711-713
Other Services (Except Public       811-813
 Administration).
Petroleum Bulk Stations and         4247
 Terminals.
Education.........................  61
Hospitals & Other Health Care.....  621, 622
Accommodation and Food Services...  721, 722
Fuel Oil Dealers..................  45431
Gasoline Stations.................  4471
Information Finance and Insurance.  51, 52
Mining............................  212

Warehousing and Storage...........  493
Religious Organizations...........  813110
Military Installations............  928110
Pipelines.........................  4861, 48691
Government........................  92
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III. Statutory Authority

    33 U.S.C. 1251 et seq.; 33 U.S.C.2720; E.O. 12777 (October 18,
1991), 3 CFR, 1991 Comp., p.351.

IV. Background

    On July 17, 2002, the Agency published a final rule that amended
the SPCC regulation (67 FR 47042). The rule became effective on August
16, 2002. The final rule included compliance dates in Sec.  112.3 for
preparing, amending, and implementing SPCC Plans. The dates for
complying with amendments to the SPCC regulations have been amended a
number of times: on January 9, 2003 (68 FR 1348), on April 17, 2003 (68
FR 18890), on August 11, 2004 (69 FR 48794), on February 17, 2006 (71
FR 8462), on May 16, 2007 (72 FR 27444), and again on June 19, 2009 (74
FR 29136). These extensions alleviated the need for individual
extension requests and provided additional time for the regulated
community to, among other things: understand the July 2002 SPCC
amendments and the implications of the litigation (see 69 FR 29728, May
25, 2004 and 73 FR 71941, November 26, 2008); allow those potentially
affected in the regulated community an opportunity to make changes to
their facilities and to their SPCC Plans necessary to comply with
amendments to the SPCC rule as finalized in December 2006, December
2008, and November 2009; and to understand the material presented in
the SPCC Guidance for Regional Inspectors before preparing or amending
their SPCC Plans. All of these changes and amendments were promulgated
to provide increased clarity, to tailor the requirements to particular
industry sectors, and to streamline certain requirements for those
facility owners or operators subject to the rule. The current date
under Sec.  112.3(a), (b) and (c) by which owners/operators of
facilities must prepare or amend their SPCC Plans, and implement those
Plans, is November 10, 2010.
    In accordance with the January 20, 2009 White House memorandum
entitled, ``Regulatory Review,'' and the memorandum from the Office of
Management and Budget entitled, ``Implementation of Memorandum
Concerning Regulatory Review'' (M-09-08, January 21, 2009) (OMB
memorandum), the effective date of the December 2008 rulemaking was
delayed until April 4, 2009 (74 FR 5900, February 3, 2009) and then
until January 14, 2010 (74 FR 14736, April 1, 2009). The Agency took
this action to ensure that the rule reflected proper consideration of
all relevant facts. In the February 3, 2009 notice, EPA requested
public comment on the extension of the effective date and its duration,
and on the regulatory amendments contained in the December 2008 final
rule. Upon reviewing the record for the amendments and the additional
comments, EPA promulgated further amendments to the SPCC rule on
November 13, 2009 (74 FR 58784), making limited changes to the December
2008 amendments. The effective date for both the December 5, 2008 and
the November 13, 2009 final rule is January 14, 2010, with a compliance
date of November 10, 2010. Because of the uncertainty that surrounded
EPA's review of the final amendments to the December 5, 2008 rule, the
delay of the effective date of that rule and publication of final rule
amendments on November 13, 2009, the Agency is extending the compliance
date for certain facilities.
    On January 15, 2009, EPA proposed to exempt from the SPCC
requirements milk containers, associated piping and appurtenances
provided they are constructed according to current applicable 3-A
Sanitary Standards, and are subject to the current applicable PMO or a
State dairy regulatory requirement equivalent to the current applicable
PMO (74 FR 2461), and that the capacity of these milk containers would
not be included in a facility's total oil storage capacity calculation.
The Agency requested comment on an exemption for milk product
containers and their associated piping and appurtenances from the SPCC
rule provided they are also constructed in accordance with the current
applicable 3-A Sanitary Standards, and are subject to the current
applicable Grade ``A'' PMO sanitation requirements or a State dairy
regulatory equivalent to the current applicable PMO. The Agency also
requested comment on how to address milk storage containers (including
totes) that may not be constructed to 3-A Sanitary Standards under the
SPCC rule and whether they should also be exempted from the SPCC
requirements, provided they are subject to the current applicable Grade
``A'' PMO or a State dairy regulatory requirement equivalent to the
current applicable PMO. Finally, the Agency also requested comment on
alternative approaches to address milk and milk product containers,
associated piping and appurtenances under the SPCC rule. Today's action
delays the compliance date by which facilities must address milk and
milk product containers, associated piping and appurtenances that may
be impacted by a final rule exempting these containers.

V. This Action

    Under the current provisions in Sec.  112.3(a), the owner or
operator of a facility that was in operation on or before August 16,
2002 must maintain and implement the facility's SPCC Plan, make any
necessary revisions pursuant to the 2002, 2006, 2008 and 2009
amendments to the Plan, and fully implement the amended Plan by
November 10, 2010; the owner or operator of a facility that came into
operation after August 16, 2002, but before November 10, 2010, must
prepare and fully implement an SPCC Plan on or before November 10,
2010. Under the current provisions in Sec.  112.3(b), the owner or
operator of a facility (excluding oil production facilities) that
becomes operational after November 10, 2010 must prepare and implement
an SPCC Plan before beginning operations; the owner or operator of an
oil production facility that becomes operational after November 10,
2010 must prepare and implement a Plan within six months after
beginning operations. In addition, the current provision in Sec.
112.3(c) requires the owners and operators of onshore and offshore
mobile or portable facilities to prepare, implement, and maintain an
SPCC Plan, and to amend it, if necessary to ensure compliance with this
part, on or before November 10, 2010. The owner or operator of any
onshore or offshore mobile or portable facility that becomes
operational after November 10, 2010, must prepare and implement a Plan
before beginning operations.

    This rule amends the dates in Sec.  112.3(a), (b) and (c) by which
the owners/operators of facilities (except drilling, production or
workover facilities that are offshore or that have an offshore
component, and all onshore facilities required to have and submit FRPs
\1\) must prepare or amend their SPCC Plans, and implem ent those
Plans, to November 10, 2011. This action extends the date by one year
from the current SPCC compliance date of November 10, 2010. This
extension of the compliance date does not apply, however, to drilling,
production or workover facilities that are completely offshore or that
have both onshore and offshore components (e.g., an oil production
facility with offshore wellheads connected to an onshore tank battery
by submerged flowlines). For offshore drilling, production or workover
facilities, the Agency is concerned about the need to have the most up-
to-date SPCC Plans due to the unusual combination of characteristics of
these facilities: continuous flow of oil at the facility, potential
discharges being limited only by the capacity and pressure of the
underground reservoir, and discharges that would have immediate and
direct impact on water.
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    \1\ Offshore FRP facilities are addressed in the exception to
the compliance date extension as part of the drilling, production or
workover facilities that are offshore or that have an offshore
component.
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    For onshore facilities, the Agency also is concerned that extending
the existing compliance date for facilities with large oil storage
capacities could increase the potential to cause substantial harm if a
discharge were to occur. Onshore facilities with large oil storage
capacities have the potential to cause substantial harm as identified
under the FRP regulation (40 CFR Part 112.20 and 112.21). FRP
facilities are those with storage capacities of 1 million gallons or
more that could cause substantial harm \2\ or those with storage
capacities at or above 42,000 gallons and that transfer oil to or from
a vessel over water. The Agency believes that FRP facilities should
also have the most up-to-date SPCC Plans due to the potential to cause
substantial harm, if a discharge were to occur. (Note: The Agency has
not changed any compliance dates with respect to the FRP regulations.)
Therefore, EPA is not extending the compliance date for drilling,
production or workover facilities that are offshore or that have an
offshore component, or all onshore facilities required to have and
submit FRPs, due to the threats these facilities pose of significant
oil spills to navigable waters or adjoining shorelines.
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    \2\ A facility may pose ``substantial harm'' according to the
FRP rule if it (1) has a total oil storage capacity greater than or
equal to 42,000 gallons and it transfers oil over water to/from
vessels; or (2) has a total oil storage capacity greater than or
equal to one million gallons and meets one of the following
conditions: (a) Does not have sufficient secondary containment for
the capacity of the largest aboveground oil storage tank in each
aboveground storage area; (b) is located at a distance such that a
discharge from the facility could cause ``injury'' to fish,
wildlife, and sensitive environments; (c) is located at a distance
such that a discharge from the facility would shut down a public
drinking water intake; or (d) has had, within the past five years, a
reportable discharge greater than or equal to 10,000 gallons.
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    The Agency is also delaying the compliance date by which the owner
or operator of a facility must address milk and milk product
containers, associated piping and appurtenances. The delay of the
compliance date affects facilities with milk and milk product
containers that are constructed according to the current applicable 3-A
Sanitary Standards, and subject to the current applicable Grade ``A''
PMO or a State dairy regulatory requirement equivalent to the current
applicable PMO. The date by which a facility owner or operators must
comply with SPCC requirements for these milk and milk product
containers is delayed by one year from the effective date of a final
rule specifically addressing these milk and milk product containers,
associated piping and appurtenances, or as specified by a rule that
otherwise establishes a compliance date for these facilities. The
Agency will establish the compliance date and publish it in the Federal
Register as part of any final action on the proposed exemption (74 FR
2461, January 15, 2009). The delay provides the owner or operator of
these facilities the opportunity to fully understand any regulatory
amendments that may be finalized.
    This rule is effective immediately upon publication in the Federal
Register. Section 553(d) of the Administrative Procedures Act requires
30 days notice before the effective date of a final rule. However,
section 553(d)(1) allows an exception to the 30-day notice where a rule
relieves a restriction. Because this final rule relieves a restriction,
the Agency invokes section 553(d)(1) to allow an immediate effective
date.
    Today's rule revises the regulatory text in the proposed rule in
response to the comments received. The Agency is making changes to the
regulatory text in Sec.  112.3 to clarify how the extension and the
delay of the compliance date applies for different facilities.

A. Extension of the Compliance Date by One Year for Certain Facilities

    This rule extends for most facilities the dates in Sec.  112.3(a),
(b) and (c) by which the owner or operator must prepare or amend and
implement an SPCC Plan. Exclusions to this compliance date extension
are described below.\3\ Today's rule amends and combines Sec.  112.3(a)
with Sec. Sec.  112.3(b)(1) and (c) in the new paragraph Sec.
112.3(a)(1) to:
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    \3\ For applicability of this rule to facilities with milk and
milk product containers, associated piping and appurtenances, see
Section V.D in this preamble.
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     Amend the compliance date for a facility, including a
mobile or portable facility, in operation on or before August 16, 2002
to require the owner or operator to make any necessary amendments to an
SPCC Plan and fully implement the amended Plan by November 10, 2011.\4\
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    \4\ To be eligible for the compliance extension, owners or
operators of facilities in operation before August 16, 2002 must
continue to maintain their existing SPCC Plans.
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     Amend the compliance date for a facility, including a
mobile or portable facility, which came into operation after August 16,
2002, but before November 10, 2011, to require the owner or operator to
prepare and fully implement an SPCC Plan on or before November 10,
2011.
     Amend the compliance date for a facility, including a
mobile or portable facility, (except an oil production facility \5\)
which becomes operational after November 10, 2011 to require the owner
or operator to prepare and implement an SPCC Plan before beginning
operations.
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    \5\ On December 5, 2008 (73 FR 74236), EPA finalized an
amendment to allow a new oil production facility (i.e., one that
becomes operational after the compliance date) a period of six
months after the start of operations to prepare and implement an
SPCC Plan.
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     Incorporate the language under the current Sec.  112.3(c)
for mobile or portable facilities (such as an onshore drilling or
workover rig, or a portable fueling facility) to amend the compliance
date for these facilities to November 10, 2011 and maintain the
language that allows mobile or portable facilities to prepare a general
Plan.
    An extension of the compliance date for these facilities is
appropriate because it provides the owners or operators of SPCC-
regulated facilities the opportunity to fully understand the regulatory
amendments offered by revisions to the SPCC rule promulgated on
December 5, 2008 (73 FR 74236) and November 13, 2009 (74 FR 58784).
Given the delay in the effective date for the December 2008 rule
amendment,

and the uncertainty that surrounded the final amendments because of
this delay, this extension allows potentially affected facilities an
additional year beyond the current compliance date of November 10, 2010
to make any changes to their facilities and SPCC Plans to comply with
the revised SPCC requirements. Considering that the changes in the
final November 2009 amendments were very limited, and that most of the
December 2008 amendments offered compliance options and regulatory
burden relief, a timeframe for this extension of one year is
appropriate. A one-year period from the current compliance date
provides sufficient time to understand and implement the amendments to
the SPCC rule.

B. Exceptions to the Compliance Date Extension

    The Agency is not extending the compliance date for drilling,
production or workover facilities that are offshore or that have an
offshore component, or for onshore facilities required to have and
submit FRPs. The Agency is particularly concerned about the potential
for immediate environmental impacts resulting from oil spills to
navigable waters or adjoining shorelines posed by these facilities. All
of these facilities have potentially significant quantities of oil that
could be discharged to navigable waters or adjoining shorelines.
Offshore drilling, production and workover facilities (and those with
an offshore component) have a constant flow of oil associated with them
and discharges could be in amounts that far exceed the oil storage
capacity of the facility. Based on the recent experience with the Gulf
of Mexico oil spill, the Agency is concerned that any potential oil
discharge may be limited only by the capacity and pressure of the
underground petroleum reservoir. The Agency's concern regarding these
facilities is reflected in the fact that they have a greater number of
requirements under the SPCC rule because of their location over
navigable waters or adjoining shorelines (40 CFR Part 112.11). In
addition to those facilities completely offshore, the Agency has
identified many onshore facilities with offshore components, as in the
case of over-water production platforms. While these facilities may
have their tank batteries located onshore, their wellhead and portions
of the flowlines are below the surface of the water. Offshore
components include, but are not limited to, flow lines, gathering
lines, wellheads, shut in valves, pressure control and sensing devices,
cathodic protection devices and related piping and appurtenances.
Because the Agency is equally concerned with the potential for
immediate environmental impacts resulting from oil spills from a
facility's offshore components, it is also excluding these facilities
from any extension to the compliance date. The Agency is also excluding
all onshore FRP facilities from the extension because of their large
oil storage capacities and their potential to cause substantial harm in
the event of a discharge as identified under the FRP regulation (40 CFR
112.20). FRP facilities are those with storage capacities of 1 million
gallons or more that could cause substantial harm, or those with
storage capacities at or above 42,000 gallons and that transfer oil to
or from a vessel over water.
    Today's rule adds a new paragraph Sec.  112.3(a)(2) to maintain the
existing compliance date for this subset of facilities, and combines it
with the Sec.  112.3(c) provision to indicate that the existing
compliance date also applies to mobile or portable facilities within
this subset:
     Maintains the existing compliance date for A drilling,
production or workover facility, including a mobile or portable
facility, that is offshore or that has an offshore component; or an
onshore facility required to have and submit an FRP, that was in
operation on or before August 16, 2002, that requires the owner or
operator to make any necessary amendments to an SPCC Plan and fully
implement the amended Plan by November 10, 2010.
     Maintains the existing compliance date for a drilling,
production or workover facility, including a mobile or portable
facility, that is offshore or that has an offshore component, or an
onshore facility required to have and submit an FRP, that came into
operation after August 16, 2002, but before November 10, 2010, that
requires the owner or operator to prepare and fully implement an SPCC
Plan on or before November 10, 2010.
     Maintains the existing compliance date for a facility
(except an oil production facility \6\) that is either: A drilling,
production or workover facility, including a mobile or portable
facility, that is offshore or that has an offshore component, or an
onshore facility required to have and submit an FRP, that becomes
operational after November 10, 2010, that requires the owner or
operator to prepare and implement an SPCC Plan before beginning
operations.
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    \6\ On December 5, 2008 (73 FR 74236), EPA finalized an
amendment to allow a new oil production facility (i.e., one that
becomes operational after the compliance date) a period of six
months after the start of operations to prepare and implement an
SPCC Plan.
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     Incorporates language under the current Sec.  112.3(c)
provision to maintain the existing compliance date for mobile or
portable facilities that fall within this subset of facilities (such as
a barge mounted offshore drilling or workover rig), and maintains the
language that allows mobile or portable facilities to prepare a general
Plan.

C. Oil Production Facilities Beginning Operations After the Compliance
Date

    The Agency is amending Sec.  112.3(b)(2) to distinguish the two
separate compliance dates that would apply to oil production facilities
that become operational after the compliance dates. The Agency is also
moving this provision to Sec.  112.3(b). The new Sec.  112.3(b)
amendments:
     Maintain the existing compliance date for any oil
production facility that is offshore or that has an offshore component,
or any onshore oil production facility required to have and submit an
FRP, that becomes operational after November 10, 2010, and could
reasonably be expected to have a discharge as described in Sec.
112.1(b), that requires the owner or operator to prepare and implement
a Plan within six months after beginning operations.
     Amend the compliance date for any onshore oil production
facility (i.e., one that does not have an offshore component and is not
required to have and submit an FRP) that becomes operational after
November 10, 2011, and could reasonably be expected to have a discharge
as described in Sec.  112.1(b), that requires the owner or operator to
prepare and implement a Plan within six months after beginning
operations.

D. Delay of Compliance Date for Facilities Affecting Milk and Milk
Product Containers, Associated Piping and Appurtenances

    The Agency is delaying the compliance date by which the owner or
operator of a facility must address milk and milk product containers,
associated piping and appurtenances that are constructed according to
the current applicable 3-A Sanitary Standards, and subject to the
current applicable Grade ``A'' PMO or a State dairy regulatory
requirement equivalent to the current applicable PMO. The Agency is
taking this action for facilities that would be affected by any final
determination on the proposed rule to exempt these containers from the
SPCC requirements (74 FR 2461, January 15, 2009). The date

by which a facility owner or operator must comply with SPCC
requirements for these milk and milk product containers is delayed by
one year from the effective date of a final rule specifically
addressing these milk and milk product containers, associated piping
and appurtenances, or as specified by a rule that otherwise establishes
a new compliance date for these facilities. The Agency will establish
the new compliance date and publish it in the Federal Register as part
of any final action on the proposed exemption.
    The delay for these facilities provides the owner or operator the
opportunity to fully understand any new regulatory amendments for milk
and milk product containers, associated piping and appurtenances.
Today's rule amends Sec.  112.3(c) to:

 Delay the compliance date by which the owner or operator of a
facility must address milk and milk product containers, associated
piping and appurtenances that are constructed according to the current
applicable 3-A Sanitary Standards, and subject to the current
applicable Grade ``A'' PMO or a State dairy regulatory requirement
equivalent to the current applicable PMO:
    [cir] During the delay, the owner or operator of the facility does
not include milk and milk product containers as described above when
either determining the aggregate facility oil storage capacity or as
part of the facility's SPCC Plan.
 Require that all other oil storage containers at the facility
(excluding milk and milk product containers as described above) be
addressed in the SPCC Plan by November 10, 2011 when the facility has
an aboveground oil storage capacity (excluding the capacity of these
milk and milk product containers) greater than 1,320 U.S. gallons or a
completely buried storage capacity greater than 42,000 U.S. gallons. A
facility that has milk and milk product containers, associated piping
and appurtenances as described above, that:
    [cir] Began operating before the August 16, 2002 effective date of
the July 2002 SPCC rule amendments (67 FR 47042) will have to maintain
the existing SPCC Plan for any other oil container at the facility, and
amend it to ensure compliance with the SPCC rule requirements to
address these other oil containers otherwise subject to the SPCC
requirements by November 10, 2011;
    [cir] Began operating after August 16, 2002. but before November
10, 2011, will have to prepare and implement an SPCC Plan for the
facility to address any other oil containers at the facility otherwise
subject to the SPCC requirements by November 10, 2011; and
    [cir] Begins operating after November 10, 2011 will have to prepare
and implement a Plan before starting operations to address any other
oil containers at the facility otherwise subject to the SPCC
requirements.

E. Summary of Comments and Response

    The Agency solicited comments on the proposed compliance date
extension by which owners and operators would be required to prepare,
amend, and implement SPCC Plans in accordance with the amendments to
the SPCC rule. The Agency also discussed an alternative of a shorter
compliance date extension, such as either six or nine months (either
May 10, 2011 or August 10, 2011).
    In addition, the Agency solicited comments on the proposed
exceptions to the compliance date extension: Requiring drilling,
production or workover facilities that are offshore or that have an
offshore component, or onshore facilities that are required to have and
submit an FRP, to comply by the current compliance date of November 10,
2010.
    Furthermore, the Agency also solicited comments on the proposed
delay of the compliance date by which owners and operators of
facilities that have milk containers, associated piping and
appurtenances would be required to prepare, amend, and implement SPCC
Plans in accordance with amendments to the SPCC rule.
    The Agency received 34 comments on the proposed rule. The
discussion below summarizes and responds to the major comments
received. A more complete response to comments can be found in the
docket for this rulemaking, EPA-HQ-OPA-2009-0880.
Comments
    Comments that support an extension of the compliance date. The
majority of comments supported the Agency's proposal to extend the
compliance dates in Sec. 112.3 for certain facilities. They agreed with
the Agency that an extension of the compliance date was necessary to
allow owners and operators sufficient time to amend and implement their
SPCC Plans. Of those that supported an extension of the compliance
dates, some comments agreed with extending the compliance dates as
proposed. Other comments supported an extension, but did not agree with
the length of the extension proposed by the Agency, arguing for
additional time. These requests cited the extent of modifications
necessary at facilities; the need to obtain the services of
Professional Engineers (PE); the time for EPA and other stakeholders to
conduct outreach; the need for EPA to complete further regulatory
clarifications on the definition of oil; finalize clarification on
jurisdictional issues between EPA and the Department of Transportation
(DOT); and revise the SPCC Guidance for Regional Inspectors to help
stakeholders better understand the regulatory requirements and the
December 2008 and November 2009 amendments. Some comments indicated
that the alternative approach to consider a shorter compliance date
extension, such as either six or nine months, would not be appropriate.
    Comment relating to eligibility of the compliance date. One comment
raised concerns with a footnote in the preamble of the proposed rule
that stated, ``[t]o be eligible for the compliance extension, owners or
operators of facilities in operation before August 16, 2002 must
continue to maintain their existing SPCC Plans.''
    Comments pertaining to the exceptions to the compliance date
extension. Several comments supported or took no position on the
exception to the compliance date for drilling, production or workover
facilities that are offshore or that have an offshore component, or
onshore facilities required to have and submit FRPs. One comment,
however, opposed the exception for onshore facilities required to have
and submit FRPs, arguing that these facilities have always been
included in compliance date extensions in the past, and that this time
should be no exception. The comment further indicated that FRP-
regulated facilities have EPA-approved FRPs that are in place to
address the Agency's concern that these facilities have the potential
to cause substantial harm if a discharge were to occur. Finally, FRP
facilities are large and complex operations that require additional
time to come into compliance and therefore these facilities should be
eligible for the one-year extension.
    Comments that support a delay of the compliance date for facilities
with milk containers that meet specific requirements. Several comments
expressed support for delaying the compliance date for facilities with
milk containers, associated piping and appurtenances until one year
after EPA finalizes a rule for these facilities. Two comments requested
that EPA clarify that the extension and future exemption will apply to
milk and milk products,

including but not limited to such products as cheese, cream, yogurt and
ice cream mix. A number of comments indicated that the two different
compliance deadlines for dairy facilities based on their start date are
unnecessarily confusing and complex. The comments specifically cited
confusion with how the compliance date applies based on when a facility
begins operating and whether they must maintain and amend an SPCC Plan
or prepare a new SPCC Plan. The organizations requested that EPA extend
the compliance date to one year after finalization of the bulk milk
storage exemption to all facilities, regardless of start date.
Additionally, comments requested clarification on how the compliance
date applies to facilities with both petroleum and bulk milk storage.
Comments also requested that EPA take final action on the proposal to
exempt milk storage containers, associated piping, and appurtenances
from the SPCC rule.
Response to Comments
    Response to comments that support an extension of the compliance
date. EPA agrees with the comments that an extension of the compliance
date for certain facilities is necessary because it provides the owner
or operator of a facility the opportunity to fully understand the
regulatory amendments offered by the revisions to the SPCC rule
promulgated on December 5, 2008 (73 FR 74236) and November 13, 2009 (74
FR 58784). Furthermore, this extension will allow the regulated
community time to understand all of the regulatory amendments offered
by revisions to the SPCC rule promulgated since July 2002. Therefore,
the Agency is promulgating a one-year extension of the compliance dates
for certain facilities, but is excluding from the extension drilling,
production and workover facilities that are offshore or that have an
offshore component, or onshore facilities that are required to have and
submit an FRP. EPA believes that a one-year extension of the compliance
dates to November 10, 2011 is appropriate for certain facilities for a
number of reasons, particularly since the owners and operators of SPCC-
regulated facilities have had at least a year to understand the final
SPCC amendments.
    The SPCC compliance dates have been delayed since the promulgation
of amendments in July 2002; during this time, new facilities (those
that have become operational after the effective date of the July 2002
amendments) have not yet been required to prepare and implement an SPCC
Plan. Therefore, EPA believes that any compliance date beyond the
extension finalized in this action would be inappropriate and not
environmentally protective.
    Facilities in operation prior to the effective date of the July
2002 amendments are required to maintain their SPCC Plans and have had
ample time to schedule and conduct facility modifications (as
necessary) to comply with these amendments. Additionally, because the
SPCC amendments published in December 2008 and November 2009 primarily
streamlined the rule requirements, facilities should not require
extensive modifications in order to comply with these regulatory
amendments.
    Since promulgating the July 2002 amendments to the SPCC rule, the
Agency has and will continue to provide outreach and compliance
assistance to SPCC regulated facilities so that a compliance extension
for certain facilities to November 10, 2011 should be sufficient. The
Agency does not believe ongoing outreach activities; updates to
existing guidance documents; further regulatory clarifications; or
development of new guidance or jurisdictional clarifications between
EPA and other federal agencies are a basis for further extending the
compliance date. EPA intends to continue to conduct outreach and
provide guidance and clarification on the SPCC requirements (as
appropriate), but does not believe that facilities should wait to amend
or prepare and implement their SPCC Plans because these are ongoing
activities.
    EPA also does not agree that the extension or additional time for
compliance should be provided to revise the SPCC Guidance for Regional
Inspectors. While EPA plans to revise the guidance document, most of
the modifications to the SPCC regulation are already explained and
discussed in the preamble to the final rules. Thus, there are very few
necessary revisions to the guidance to address any new regulatory
burden, as the past several actions on the SPCC rule were for the
purposes of regulatory streamlining.\7\ EPA did not propose an
extension to the compliance date with a rationale based on completion
of the guidance for the reasons stated above.
---------------------------------------------------------------------------

    \7\ EPA intends to issue revisions to the SPCC Guidance for
Regional Inspectors that address changes made to the SPCC rule,
consistent with the December 2006, December 2008, and November 2009
regulatory amendments (71 FR 77266, December 26, 2006; 73 FR 74236,
December 5, 2008; 74 FR 58784, November 13, 2009). The guidance
document is designed to provide more detail about the rule's
applicability, to clarify the role of the inspector in the review
and evaluation of a facility owner or operator's compliance with the
performance-based SPCC requirements, and to provide a consistent
national policy on several SPCC-related issues. EPA welcomes
comments from the regulated community and the public on the guidance
document at any time. Instructions for submitting comments are
provided on the EPA Office of Emergency Management Web site at
http://www.epa.gov/emergencies.
---------------------------------------------------------------------------

    The Agency did not receive any comments supporting a shorter
extension to the compliance date, and thus, has decided not to
promulgate an amended compliance date for certain facilities to either
of the alternative shorter time periods offered for comment (either May
10, 2011 or August 10, 2011). The Agency recognizes that the owner or
operator of a regulated facility needs adequate time to comply with the
SPCC rule following amendments to the regulation. EPA recognizes that
any timeframe shorter than one year from the current compliance date
may not allow sufficient time for those facilities for which EPA is
granting a compliance date extension to fully understand and comply
with all of the recently promulgated SPCC amendments or hire
Professional Engineers. A one year timeframe also accommodates seasonal
considerations for various industries. Therefore, the Agency is
promulgating a one-year compliance date extension to allow certain
facilities time to prepare, amend, and implement an SPCC Plan following
recent amendments to the SPCC rule.
    Response to the comment relating to eligibility of the compliance
date. EPA does not agree with the comment that suggests that footnote
3 in the proposed rule that clarifies how the compliance date
extension applies to facilities in operation prior to August 16, 2002
is incorrect. EPA established initial compliance dates in the July 2002
final rule (67 FR 47042) and clarified in the preamble how the
compliance dates apply to facilities in operation prior to the
effective date of the rule (see 67 FR 47082, July 17, 2002). The
examples provided in the July 2002 preamble were consistent with and
illustrated the accompanying regulatory text that established the
initial compliance dates. The Agency has indicated in each Federal
Register notice announcing the subsequent extension to the compliance
dates \8\ that facilities in operation prior to August 16, 2002 must
maintain an SPCC Plan. If a facility has no SPCC Plan to maintain, then
the date by which the facility has to amend the Plan

to comply with the SPCC regulatory revisions promulgated since 2002
does not apply and the owner or operator is not eligible for the
extension. The footnote discussed here is wholly consistent with the
Agency's preamble examples in the July 2002 final rule and the
regulatory text extending compliance dates since 2002.
---------------------------------------------------------------------------

    \8\ The dates for complying with amendments to the SPCC
regulations have been amended a number of times: On January 9, 2003
(68 FR 1348), on April 17, 2003 (68 FR 18890), on August 11, 2004
(69 FR 48794), on February 17, 2006 (71 FR 8462), on May 16, 2007
(72 FR 27444), and again on June 19, 2009 (74 FR 29136).
---------------------------------------------------------------------------

    Response to the comments pertaining to the exceptions to the
compliance date extension. EPA does not agree that onshore facilities
that are required to have and submit FRPs should be eligible for the
one year extension. The Agency is concerned with the threat for
immediate environmental impacts resulting from oil spills from these
facilities because of their large oil storage capacities and their
potential to cause substantial harm in the event of a discharge as
identified under the FRP regulation (40 CFR 112.20). The comment
correctly indicates that many of these facilities are implementing FRPs
that are approved by the Agency; however, these plans serve to identify
response capability in the event of a discharge to navigable waters or
adjoining shorelines and do not specifically include requirements that
serve to prevent these discharges. For example, implementation of a
tank integrity testing program and brittle fracture evaluations are
SPCC requirements and not FRP requirements. Many of the SPCC
requirements promulgated since July 2002 serve to enhance prevention of
oil spills and EPA does not believe it is environmentally protective to
extend the date by which these requirements are addressed and
implemented at FRP-regulated facilities.
    The Agency recognizes that some facilities excluded from the
extension of the compliance date (i.e., drilling, production or
workover facilities that are offshore or that have an offshore
component, or an onshore facility that is required to have and submit
an FRP) may require additional time to amend or prepare their SPCC
Plans as a result of either non-availability of qualified personnel, or
delays in construction or equipment delivery beyond the control and
without the fault of the owner or operator. If so, the owner or
operator of the facility may submit a written request for additional
time to amend or prepare an SPCC Plan to the Regional Administrator in
accordance with Sec.  112.3(f).
    Response to comments that support a delay of the compliance date
for facilities with milk containers that meet specific requirements.
EPA agrees with comments that supported a delay of the compliance date
by which facilities must address milk containers, associated piping and
appurtenances that are constructed according to the current applicable
3-A Sanitary Standards, and subject to the current applicable Grade
``A'' PMO or a State dairy regulatory requirement equivalent to the
current applicable PMO. The Agency is moving forward to take final
action on the proposed rulemaking that addresses those milk containers
as expeditiously as possible. Additionally, the Agency is considering
whether to exempt milk product containers, piping and appurtenances
that are subject to the same 3-A Sanitary Standards and Grade ``A'' PMO
specified for milk containers, associated piping and appurtenances.
Therefore, the Agency is clarifying that the delay applies to both milk
and milk product containers, associated piping and appurtenances
constructed according to the current applicable 3-A Sanitary Standards,
and subject to the current applicable Grade ``A'' PMO or a State dairy
regulatory requirement equivalent to the current applicable PMO. The
compliance date delay by which the owner or operator of a facility must
address milk and milk product containers described above will provide
time to complete this action.
    EPA agrees that a single date by which the owners or operators of
facilities must address milk and milk product containers, associated
piping and appurtenances that are constructed according to the current
applicable 3-A Sanitary Standards, and subject to the current
applicable Grade ``A'' PMO or a State dairy regulatory requirement
equivalent to the current applicable PMO in the facility's SPCC Plan,
would offer clarity. A date will be established in a FR notice in the
future and will be one year from the effective date of a final rule
addressing the SPCC requirements specifically for these milk and milk
product containers, associated piping and appurtenances, or as
specified by a rule that otherwise establishes a compliance date for
these facilities. During the delay, the owner or operator of the
facility excludes milk and milk product containers, associated piping
and appurtenances that are constructed according to the current
applicable 3-A Sanitary Standards, and subject to the current
applicable Grade ``A'' PMO or a State dairy regulatory requirement
equivalent to the current applicable PMO from the facility's aggregate
oil storage capacity calculations, and does not include these
containers in the SPCC Plan.
    However, when there are other oil storage containers (such as
petroleum containers) at a facility that has milk and milk product
containers, associated piping and appurtenances as described above and
the facility meets the aggregate oil storage capacity thresholds of
Sec.  112.1 \9\ (excluding the capacity of the milk and milk product
containers) then the owner or operator of the facility must maintain
and amend, or prepare an SPCC Plan to address these other oil
containers at the facility in accordance with Sec.  112.3(a)(1) by
November 10, 2011.
---------------------------------------------------------------------------

    \9\ The facility has an aboveground oil storage capacity greater
than 1,320 U.S. gallons or the completely buried storage capacity is
greater than 42,000 U.S. gallons.
---------------------------------------------------------------------------

6. Other Considerations
    If an owner or operator of an SPCC-regulated facility requires
additional time to comply with the SPCC rule, he may submit a written
request to the Regional Administrator in accordance with Sec.
112.3(f). Such requests may be granted if the Regional Administrator
finds that the owner or operator cannot comply with all SPCC
requirements by the compliance date as a result of either non-
availability of qualified personnel, or delays in construction or
equipment delivery beyond his control and without the fault of such
owner or operator.
    It should be noted that these compliance date amendments would
affect only the requirements of the July 2002, December 2006, December
2008, and November 2009 SPCC rule amendments (67 FR 47042, July 17,
2002; 71 FR 77266, December 26, 2006; 73 FR 74236, December 5, 2008;
and 74 FR 29136, November 13, 2009) that are new (i.e., requirements
that did not exist or were not in effect prior to the 2002 amendments)
or more stringent compliance obligations to those that were in effect
in the 1973 SPCC rule. Provisions that provide regulatory relief to
facilities are applicable as of the effective date of the amendment and
would not require revisions to existing Plans ``to ensure compliance''
(see Sec.  112.3). However, the facility owner or operator must amend
the SPCC Plan to include new or more stringent provisions by the
compliance date.

VI. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under the terms of Executive Order 12866 (58 FR 51735, October 4,
1993), this action has been determined to be a ``significant regulatory
action.'' This rule was submitted to the Office of Management and
Budget (OMB) for review. Any changes made in response to OMB's
recommendations have been

documented in the docket for this action.

B. Paperwork Reduction Act

    This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
This rule would merely extend the compliance date for certain
facilities subject to the rule. The Office of Management and Budget
(OMB) has previously approved the information collection requirements
contained in the existing regulations at 40 CFR part 112 under the
provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and
has assigned OMB control number 2050-0021. The OMB control numbers for
EPA's regulations in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act generally requires an agency to
prepare a regulatory flexibility analysis of any rule subject to notice
and comment rulemaking requirements under the Administrative Procedure
Act or any other statute unless the agency certifies that the rule will
not have a significant economic impact on a substantial number of small
entities. Small entities include small businesses, small organizations,
and small governmental jurisdictions.
    For purposes of assessing the impacts of today's rule on small
entities, small entity is defined as: (1) A small business as defined
by the Small Business Administration's (SBA) regulations at 13 CFR
121.201; (2) a small governmental jurisdiction that is a government of
a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise that is independently owned and operated
and is not dominant in its field.
    After considering the economic impacts of today's rule on small
entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. In
determining whether a rule has a significant economic impact on a
substantial number of small entities, the impact of concern is any
significant adverse economic impact on small entities, since the
primary purpose of the regulatory flexibility analyses is to identify
and address regulatory alternatives ``which minimize any significant
economic impact of the proposed rule on small entities.'' 5 U.S.C. 603
and 604. Thus, an agency may certify that a rule will not have a
significant economic impact on a substantial number of small entities
if the rule relieves regulatory burden, or otherwise has a positive
economic effect on all of the small entities subject to the rule.
    This rule extends the compliance date in Sec.  112.3(a)(1) for most
facilities by one year and delays the compliance date in Sec.  112.3(c)
by which facilities must address milk and milk product containers,
associated piping and appurtenances that meet certain conditions by one
year from the effective date of a final rule addressing the SPCC
requirements specifically for these containers, or as specified by a
rule that otherwise establishes a compliance date for these facilities.
The changes in the final November 2009 amendments were very limited,
and the December 2008 amendments offered compliance options that
streamlined and tailored the regulatory requirements. By simply
extending the compliance date for most facilities, today's rule will
defer the regulatory burden for all affected entities.

D. Unfunded Mandates Reform Act

    This action contains no Federal mandates under the provisions of
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C.
1531-1538 for State, local, or tribal governments or the private
sector. The action imposes no enforceable duty on any State, local or
tribal governments or the private sector. Therefore, this action is not
subject to the requirements of sections 202 or 205 of the UMRA. This
action is also not subject to the requirements of section 203 of UMRA
because it contains no regulatory requirements that might significantly
or uniquely affect small governments. This rule simply extends the
compliance date for most facilities subject to the rule.

E. Executive Order 13132: Federalism

    This rule does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132. Under CWA section 311(o), States
may impose additional requirements, including more stringent
requirements, relating to the prevention of oil discharges to navigable
waters. EPA encourages States to supplement the Federal SPCC regulation
and recognizes that some States have more stringent requirements (56 FR
54612, October 22, 1991). This rule does not preempt State law or
regulations. Thus, Executive Order 13132 does not apply to this rule.

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

    This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). The rule does
not significantly or uniquely affect communities of Indian tribal
governments. Thus, Executive Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risk

    This action is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it is not economically significant as defined
in Executive Order 12866, and because the Agency does not believe the
environmental health or safety risks addressed by this action present a
disproportionate risk to children.

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

    This action is not a ``significant energy action'' as defined in
Executive Order 13211, ``Actions Concerning Regulations that
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001), because it is not likely to have a significant
adverse effect on the supply, distribution, or use of energy. The
overall effect of this action is to defer the regulatory burden on
facility owners or operators subject to its provisions.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies. NTTAA directs EPA to provide
Congress, through OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards.
    This final rulemaking involves technical standards. EPA proposes to
use the 3-A Sanitary Standards, ``Storage Tanks for Milk and Milk
Products'', 3A 01-08, November 2001, developed by 3-A Sanitary
Standards, Inc. A copy of these standards may be

obtained from the 3-A Sanitary Standards online store at http://
www.techstreet.com/3Agate.html; by contacting the organization at 6888
Elm Street, Suite 2D, McLean, Virginia 22101; by phone at (703) 790-
0295; or by facsimile at<PHONE_NUMBER>. EPA is finalizing a delay of
the compliance date to the SPCC rule, by which the owner or operator of
a facility that is subject to the SPCC requirements, must address milk
and milk product storage containers and associated piping and
appurtenances constructed in accordance with 3-A Sanitary Standards,
and subject to the current applicable Grade ``A'' PMO or a State dairy
regulatory requirement equivalent to the current applicable PMO.

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

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
    EPA has determined that this rule will not have disproportionately
high and adverse human health or environmental effects on minority or
low-income populations because it does not affect the level of
protection provided to human health or the environment.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2) and will be effective on October 14, 2010.

List of Subjects in 40 CFR Part 112

    Environmental protection, Milk, Milk product, Oil pollution, Oil
spill response, Penalties, Reporting and recordkeeping requirements.

    Dated: October 7, 2010.
Lisa P. Jackson,
Administrator.

0
For the reasons set forth in the preamble, title 40, chapter I, of the
Code of Federal Regulations is amended as follows:

PART 112--OIL POLLUTION PREVENTION

0
1. The authority citation for part 112 continues to read as follows:

    Authority: 33 U.S.C. 1251 et seq.; 33 U.S.C. 2720; E.O. 12777
(October 18, 1991), 3 CFR, 1991 Comp., p. 351.

0
2. Section 112.3 is amended by revising paragraphs (a), (b), and (c) to
read as follows:

Sec.  112.3  Requirement to prepare and implement a Spill Prevention,
Control, and Countermeasure Plan.

* * * * *
    (a)(1) Except as otherwise provided in this section, if your
facility, or mobile or portable facility, was in operation on or before
August 16, 2002, you must maintain your Plan, but must amend it, if
necessary to ensure compliance with this part, and implement the
amended Plan no later than November 10, 2011. If such a facility
becomes operational after August 16, 2002, through November 10, 2011,
and could reasonably be expected to have a discharge as described in
Sec.  112.1(b), you must prepare and implement a Plan on or before
November 10, 2011. If such a facility (excluding oil production
facilities) becomes operational after November 10, 2011, and could
reasonably be expected to have a discharge as described in Sec.
112.1(b), you must prepare and implement a Plan before you begin
operations. You are not required to prepare a new Plan each time you
move a mobile or portable facility to a new site; the Plan may be
general. When you move the mobile or portable facility, you must locate
and install it using the discharge prevention practices outlined in the
Plan for the facility. The Plan is applicable only while the mobile or
portable facility is in a fixed (non-transportation) operating mode.
    (2) If your drilling, production or workover facility, including a
mobile or portable facility, is offshore or has an offshore component;
or your onshore facility is required to have and submit a Facility
Response Plan pursuant to 40 CFR 112.20(a), and was in operation on or
before August 16, 2002, you must maintain your Plan, but must amend it,
if necessary to ensure compliance with this part, and implement the
amended Plan no later than November 10, 2010. If such a facility
becomes operational after August 16, 2002, through November 10, 2010,
and could reasonably be expected to have a discharge as described in
Sec.  112.1(b), you must prepare and implement a Plan on or before
November 10, 2010. If such a facility (excluding oil production
facilities) becomes operational after November 10, 2010, and could
reasonably be expected to have a discharge as described in Sec.
112.1(b), you must prepare and implement a Plan before you begin
operations. You are not required to prepare a new Plan each time you
move a mobile or portable facility to a new site; the Plan may be
general. When you move the mobile or portable facility, you must locate
and install it using the discharge prevention practices outlined in the
Plan for the facility. The Plan is applicable only while the mobile or
portable facility is in a fixed (non-transportation) operating mode.
    (b) If your oil production facility as described in paragraph
(a)(1) of this section becomes operational after November 10, 2011, or
as described in paragraph (a)(2) of this section becomes operational
after November 10, 2010, and could reasonably be expected to have a
discharge as described in Sec.  112.1(b), you must prepare and
implement a Plan within six months after you begin operations.
    (c) If your facility has milk and milk product containers,
associated piping and appurtenances constructed according to current
applicable 3-A Sanitary Standards, and subject to current applicable
Grade ``A'' Pasteurized Milk Ordinance (PMO) or a State dairy
regulatory requirement equivalent to current applicable PMO, do not
include these milk and milk product containers when either determining
the aggregate oil storage capacity of your facility or as part of your
Plan. The date in paragraph (a)(1), by which you must comply with the
provisions of this part for these milk and milk product containers, is
delayed by one year from the effective date of a final rule addressing
these milk and milk product containers, or until a rule that otherwise
establishes a compliance date. You must maintain and amend, or prepare
your Plan to address any other oil containers at the facility otherwise
subject to the requirements of this part by the compliance date in
paragraph (a)(1) of this section if your facility

meets any of the aggregate oil storage capacity thresholds of Sec.
112.1 of this part.
* * * * *
[FR Doc. 2010-25899 Filed 10-13-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: February 12, 2009 (Volume 74, Number 28)]
[Notices]
[Page 7092-7093]
[DOCID:fr12fe09-83]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

RTCA Special Committee 147 Sixty Eighth Plenary: Minimum
Operational Performance Standards for Traffic Alert and Collision
Avoidance Systems Airborne Equipment

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of RTCA Special Committee 147 meeting.

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

SUMMARY: The FAA is issuing this notice to advise the public of a
meeting of RTCA Special Committee 147: Minimum Operational Performance
Standards for Traffic Alert and Collision Avoidance Systems Airborne
Equipment.

DATES: The meeting will be held March 12, 2009 from 9 a.m.-5 p.m.

ADDRESSES: The meeting will be held at RTCA, Inc. 1828 L Street, Suite
805, Washington, DC 20036.

FOR FURTHER INFORMATION CONTACT: RTCA Secretariat, 1828 L Street, NW.,
Suite 805, Washington, DC 20036; telephone<PHONE_NUMBER>; fax (202)
833-9434; Web site http://www.rtca.org.

SUPPLEMENTARY INFORMATION: Pursuant to section 10(a)(2) of the Federal
Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., Appendix 2), notice
is hereby given for a Special Committee 147 meeting and Working Group
75. The agenda will include:
March 12:
     Opening Plenary Session: (Welcome and Introductory
Remarks, Review/Approval if minutes from 67th SC-147 meeting, Review
Agenda).
     Surveillance Working Group: Request to consider/approve
for final review and comment (FRAC) Change 1 to DO-300.
     Requirements Working Group: Request to consider/approve
for FRAC Change 1 to DO-185B.
     EUROCAE WG-75: Status of current activities.

     TCAS Program Office: TCAS Monitoring efforts.
     DO-218 Current status and planned deliverables.
     AVS status on TSO-C119c publication.
     Certification Authorities (US and European) plans for
Change 7.1 equipage.
     Closing Session (Other/New Business, Future Actions/
Activities, Date and Place of Next Meeting, Adjourn).
    Attendance is open to the interested public but limited to space
availability. With the approval of the chairmen, members of the public
may present oral statements at the meeting. Persons wishing to present
statements or obtain information should contact the person listed in
the FOR FURTHER INFORMATION CONTACT section.
    Members of the public may present a written statement to the
committee at any time.

    Issued in Washington, DC on February 5, 2009.
Francisco Estrada C.,
RTCA Advisory Committee.
 [FR Doc. E9-2983 Filed 2-11-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 40 (Wednesday, March 1, 2023)]
[Notices]
[Pages 12976-12979]
[FR Doc No: 2023-04172]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2023-0002]

Changes in Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, Department of Homeland
Security.

ACTION: Notice.

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

SUMMARY: New or modified Base (1-percent annual chance) Flood
Elevations (BFEs), base flood depths, Special Flood Hazard Area (SFHA)
boundaries or zone designations, and/or regulatory floodways
(hereinafter referred to as flood hazard determinations) as shown on
the indicated Letter of Map Revision (LOMR) for each of the communities
listed in the table below are finalized. Each LOMR revises the Flood
Insurance Rate Maps (FIRMs), and in some cases the Flood Insurance
Study (FIS) reports, currently in effect for the listed communities.

DATES: Each LOMR was finalized as in the table below.

ADDRESSES: Each LOMR is available for inspection at both the respective
Community Map Repository address listed in the table below and online
through the FEMA Map Service Center at https://msc.fema.gov.

FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW, Washington, DC 20472,<PHONE_NUMBER>, or (email)
[email protected]; or visit the FEMA Mapping and Insurance
eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final flood hazard determinations as shown in the
LOMRs for each community listed in the table below. Notice of these
modified flood hazard determinations has been published in newspapers
of local circulation and 90 days have elapsed since that publication.
The Deputy Associate Administrator for Insurance and Mitigation has
resolved any appeals resulting from this notification.
    The modified flood hazard determinations are made pursuant to
section 206 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4105, and are in accordance with the National Flood Insurance Act of
1968, 42 U.S.C. 4001 et seq., and with 44 CFR part 65.
    The currently effective community number is shown and must be used
for all new policies and renewals.
    The new or modified flood hazard information is the basis for the
floodplain management measures that the community is required either to
adopt or to show evidence of being already in effect in order to remain
qualified for participation in the National Flood Insurance Program
(NFIP).
    This new or modified flood hazard information, together with the
floodplain management criteria required by 44 CFR 60.3, are the minimum
that are required. They should not be construed to mean that the
community must change any existing ordinances that are more stringent
in their floodplain management requirements. The community may at any
time enact stricter requirements of its own or pursuant to policies
established by other Federal, State, or regional entities.
    This new or modified flood hazard determinations are used to meet
the floodplain management requirements of the NFIP. The changes in
flood hazard determinations are in accordance with 44 CFR 65.4.
    Interested lessees and owners of real property are encouraged to
review the final flood hazard information available at the address
cited below for each community or online through the FEMA Map Service
Center at https://msc.fema.gov.
(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

Michael M. Grimm,
Assistant Administrator for Risk Management, Federal Emergency
Management Agency, Department of Homeland Security.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                      Location and case    Chief executive officer of                                                                         Community
  State and county           No.                    community                 Community map repository             Date of modification          No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Colorado:
    Denver (FEMA     City and County of   The Honorable Michael B.      Department of Transportation and      Jan. 13, 2023................       080046
     Docket No.: B-   Denver (22-08-       Hancock, Mayor, City and      Infrastructure, 201 West Colfax
     2278).           0408P).              County of Denver, 1437        Avenue, Department 608, Denver, CO
                                           North Bannock Street, Room    80202.
                                           350, Denver, CO 80202.
    Jefferson (FEMA  City of Arvada (21-  The Honorable Marc Williams,  Engineering Division, 8101 Ralston    Jan. 20, 2023................       085072
     Docket No.: B-   08-1154P).           Mayor, City of Arvada, 8101   Road, Arvada, CO 80002.
     2291).                                Ralston Road, Arvada, CO
                                           80002.
    Jefferson (FEMA  Unincorporated       The Honorable Andy Kerr,      Jefferson County Planning and Zoning  Jan. 20, 2023................       080087
     Docket No.: B-   areas of Jefferson   Chair, Jefferson County       Division, 100 Jefferson County
     2291).           County (21-08-       Board of Commissioners, 100   Parkway, Suite 3550, Golden, CO
                      1154P).              Jefferson County Parkway,     80419.
                                           Suite 5550, Golden, CO
                                           80419.
    Larimer (FEMA    Town of Estes Park   The Honorable Wendy Koenig-   Town Hall, 170 MacGregor Avenue,      Feb. 2, 2023.................       080193
     Docket No.: B-   (22-08-0205P).       Schuett, Mayor, Town of       Estes Park, CO 80517.
     2291).                                Estes Park, P.O. Box 1200,
                                           Estes Park, CO 80517.
    Larimer (FEMA    Unincorporated       The Honorable Kristin         Larimer County Engineering            Feb. 2, 2023.................       080101
     Docket No.: B-   areas of Larimer     Stephens, Chair, Larimer      Department, 200 West Oak Street,
     2291).           County (22-08-       County Board of               Suite 3000, Fort Collins, CO 80521.
                      0205P).              Commissioners, 200 West Oak
                                           Street, Suite 2200, Fort
                                           Collins, CO 80521.
    Weld (FEMA       Town of Windsor (22- The Honorable Paul            Town Hall, 301 Walnut Street,         Feb. 6, 2023.................       080264
     Docket No.: B-   08-0286P).           Rennemeyer, Mayor, Town of    Windsor, CO 80550.
     2291).                                Windsor, 301 Walnut Street,
                                           Windsor, CO 80550.
    Weld (FEMA       Unincorporated       Scott James, Chair, Weld      Weld County Administration Building,  Feb. 6, 2023.................       080266
     Docket No.: B-   areas of Weld        County Board of               1150 O Street, Greeley, CO 80632.
     2291).           County (22-08-       Commissioners, 1150 O
                      0286P).              Street, Greeley, CO 80632.
Florida:
    Collier (FEMA    City of Marco        Mike McNees, City of Marco    Building Services Department, 50      Jan. 27, 2023................       120426
     Docket No.: B-   Island (22-04-       Island, Manager, 50 Bald      Bald Eagle Drive, Marco Island, FL
     2291).           4408P).              Eagle Drive, Marco Island,    34145.
                                           FL 34145.
    Manatee (FEMA    Unincorporated       Scott Hopes, Manatee County   Manatee County Development, Services  Jan. 25, 2023................       120153
     Docket No.: B-   areas of Manatee     Administrator, 1112 Manatee   Department, 1112 Manatee Avenue
     2284).           County (22-04-       Avenue West, Bradenton, FL    West, Bradenton, FL 34205.
                      0770P).              34205.
    Monroe (FEMA     Unincorporated       The Honorable David Rice,     Monroe County Building Department,    Feb. 2, 2023.................       125129
     Docket No.: B-   areas of Monroe      Mayor, Monroe County Board    2798 Overseas Highway, Suite 300,
     2284).           County (22-04-       of Commissioners, 9400        Marathon, FL 33050.
                      4636P).              Overseas Highway, Suite 210
                                           Marathon, FL 33050.
    Polk (FEMA       Unincorporated       Bill Beasley, Polk County     Polk County Land Development          Jan. 26, 2023................       120261
     Docket No.: B-   areas of Polk        Manager, P.O. Box 9005,       Division, 330 West Church Street,
     2291).           County (22-04-       Bartow, FL 33831.             Bartow, FL 33830.
                      1142P).
    Volusia (FEMA    City of Deland (22-  Michael F. Pleus, Manager,    Public Services Department, 1102      Jan. 13, 2023................       120307
     Docket No.: B-   04-2131P).           City of Deland, 120 South     South Garfield Avenue, Deland, FL
     2284).                                Florida Avenue, Deland, FL    32724.
                                           32720.
    Volusia (FEMA    Unincorporated       George Recktenwald, Volusia   Volusia County, Thomas C. Kelly       Jan. 13, 2023................       125155
     Docket No.: B-   areas of Volusia     County Manager, 123 West      Administration Center, 123 West
     2284).           County (22-04-       Indiana Avenue, Deland, FL    Indiana Avenue, Deland, FL 32730.
                      2131P).              32730.
Idaho:
    Gooding (FEMA    City of Gooding (21- The Honorable Diane Houser,   Public Works Department, 308 5th      Jan. 20, 2023................       160064
     Docket No.: B-   10-1380P).           Mayor, City of Gooding, 308   Avenue West, Gooding, ID 83330.
     2284).                                5th Avenue West, Gooding,
                                           ID 83330.
    Gooding (FEMA    Unincorporated       The Honorable Mark Bolduc,    Gooding County Planning and Zoning    Jan. 20, 2023................       160227
     Docket No.: B-   areas of Gooding     Chair, Gooding County Board   Department, 714 Main Street,
     2284).           County (21-10-       of Commissioners, P.O. Box    Gooding, ID 83330.
                      1380P).              417, Gooding, ID 83330
New Mexico:          City of Albuquerque  The Honorable Timothy M.      Planning Department, 600 2nd Street   Jan. 18, 2023................       350002
 Bernalillo (FEMA     (22-06-0212P).       Keller, Mayor, City of        Northwest, Albuquerque, NM 87102.
 Docket No.: B-                            Albuquerque, P.O. Box 1293,
 2284).                                    Albuquerque, NM 87103.
North Carolina:
    Franklin (FEMA   Unincorporated       The Honorable Michael S.      Franklin County Planning and          Feb. 10, 2023................       370377
     Docket No.: B-   areas of Franklin    Schriver, Chair, Franklin     Inspections Department, 215 East
     2299).           County (22-04-       County Board of               Nash Street, Louisburg, NC 27549.
                      3395P)               Commissioners, 113 Market
                                           Street, Louisburg, NC
                                           27549.

    Wake (FEMA       City of Raleigh (21- The Honorable Mary-Ann        Engineering Services Department, 1    Jan. 5, 2023.................       370243
     Docket No.: B-   04-0780P).           Baldwin, Mayor, City of       Exchange Plaza, Suite 706, Raleigh,
     2291).                                Raleigh, 222 West Hargett     NC 27601.
                                           Street, Raleigh, NC 27602.
North Dakota:
    Walsh (FEMA      City of Grafton (21- The Honorable Chris West,     City Hall, 5 East 4th Street,         Jan. 19, 2023................       380137
     Docket No.: B-   08-0925P).           Mayor, City of Grafton,       Grafton, ND 58237.
     2284).                                P.O. Box 578, Grafton, ND
                                           58237.
    Walsh (FEMA      Township of Grafton  The Honorable Lawrence        Walsh County Administrative           Jan. 19, 2023................       380302
     Docket No.: B-   (21-08-0925P).       Burianek, Chair, Township     Building, 638 Cooper Avenue, Suite
     2284).                                of Grafton, 117 Westwood      2, Grafton, ND 58237.
                                           Drive, Grafton, ND 58237.
    Walsh (FEMA      Township of Oakwood  The Honorable Mark Gourde,    Walsh County Administrative           Jan. 19, 2023................       380303
     Docket No.: B-   (21-08-0925P).       Chair, Township of Oakwood,   Building, 638 Cooper Avenue, Suite
     2284).                                15387 County Road 11,         2, Grafton, ND 58237.
                                           Grafton, ND 58237.
Pennsylvania:        Township of Upper    The Honorable James M.        Township Hall, 8330 Schantz Road,     Feb. 3, 2023.................       421044
 Lehigh (FEMA         Macungie (22-03-     Brunell, Chair, Township of   Breinigsville, PA 18031.
 Docket No.: B-       0156P).              Upper Macungie, Board of
 2291).                                    Supervisors, 8330 Schantz
                                           Road, Breinigsville, PA
                                           18031.
South Carolina:      Unincorporated       Marion C. Stewart, III,       Darlington County Planning            Jan. 12, 2023................       450060
 Darlington (FEMA     areas of             Darlington County             Department, 1 Public Square,
 Docket No.: B-       Darlington County    Administrator, 1 Public       Darlington, SC 29532.
 2284).               (22-04-2654P).       Square, Room 210,
                                           Darlington, SC 29532.
Tennessee: Hamilton  Unincorporated       The Honorable Weston Wamp,    Hamilton County Engineering           Jan. 25, 2023................       470071
 (FEMA Docket No.:    areas of Hamilton    Mayor, Hamilton County, 625   Department, Development Resource
 B-2284).             County (21-04-       Georgia Avenue,               Center, 1250 Market Street, Suite
                      5804P).              Chattanooga, TN 37402.        3046, Chattanooga, TN 37402.
Texas:
    Bexar (FEMA      City of San Antonio  The Honorable Ron Nirenberg,  Transportation and Capital            Jan. 23, 2023................       480045
     Docket No.: B-   (21-06-2098P).       Mayor, City of San Antonio,   Improvements, Storm Water Division
     2291).                                P.O. Box 839966, San          Department, 1901 South Alamo
                                           Antonio, TX 78283.            Street, 2nd Floor, San Antonio, TX
                                                                         78204.
    Bexar (FEMA      City of San Antonio  The Honorable Ron Nirenberg,  Transportation and Capital            Feb. 6, 2023.................       480045
     Docket No.: B-   (21-06-2378P).       Mayor, City of San Antonio,   Improvements, Storm Water Division
     2299).                                P.O. Box 839966, San          Department, 1901 South Alamo
                                           Antonio, TX 78283.            Street, 2nd Floor San Antonio, TX
                                                                         78204.
    Bexar (FEMA      City of San Antonio  The Honorable Ron Nirenberg,  Transportation and Capital            Feb. 6, 2023.................       480045
     Docket No.: B-   (21-06-3278P).       Mayor, City of San Antonio,   Improvements, Storm Water Division,
     2299).                                P.O. Box 839966, San          Department, 1901 South Alamo
                                           Antonio, TX 78283.            Street, 2nd Floor, San Antonio, TX
                                                                         78204.
    Bexar (FEMA      Unincorporated       The Honorable Nelson W.       Bexar County, Public Works            Jan. 23, 2023................       480035
     Docket No.: B-   areas of Bexar       Wolff, Bexar County Judge,    Department, 1948 Probandt Street,
     2291).           County (21-06-       101 West Nueva Street, 10th   San Antonio, TX 78283.
                      2098P).              Floor, San Antonio, TX
                                           78205.
    Denton (FEMA     City of Fort Worth   The Honorable Mattie, Parker  Department of Transportation and      Jan. 23, 2023................       480596
     Docket No.: B-   (22-06-0030P).       Mayor, City of Fort Worth,    Public Works, 200 Texas Street,
     2284).                                200 Texas Street, Fort        Fort Worth, TX 76102.
                                           Worth, TX 76102.
    Denton (FEMA     Unincorporated       The Honorable Andy Eads,      Denton County Public Works            Jan. 23, 2023................       480774
     Docket No.: B-   areas of Denton      Denton County Judge, 1        Department, Engineering Department
     2284).           County (22-06-       Courthouse Drive, Suite       1505 East McKinney Street, Suite
                      0030P).              3100 Denton, TX 76208.        175, Denton, TX 76209.
    Erath (FEMA      City of              Jason King, Manager, City of  Department of Public Works, 298 West  Jan. 17, 2023................       480220
     Docket No.: B-   Stephenville (22-    Stephenville, 298 West        Washington Street, Stephenville, TX
     2284).           06-0024P).           Washington Street,            76401.
                                           Stephenville, TX 76401.
    Harris (FEMA     City of Houston (22- The Honorable Sylvester       Floodplain Management Department,     Jan. 30, 2023................       480296
     Docket No.: B-   06-0051P).           Turner, Mayor, City of        1002 Washington Avenue, Houston, TX
     2291).                                Houston, P.O. Box 1562,       77002.
                                           Houston, TX 77251.
    Harris (FEMA     Unincorporated       The Honorable Lina Hidalgo,   Harris County Engineering             Jan. 30, 2023................       480287
     Docket No.: B-   areas of Harris      Harris County Judge, 1001     Department, Permit Division, 10555
     2291).           County (22-06-       Preston Street, Suite 911,    Northwest Freeway, Suite 120,
                      1000P).              Houston, TX 77092.            Houston, TX 77092.
    Tarrant (FEMA    City of Benbrook     The Honorable Jason Ward,     Department of Public Works, 8401      Feb. 2, 2023.................       480586
     Docket No.: B-   (22-06-0792P).       Mayor, City of Benbrook,      Laguna Palms Way, Benbrook, TX
     2284).                                911 Winscott Road,            76126.
                                           Benbrook, TX 76126.
    Tarrant (FEMA    City of Fort Worth   The Honorable Mattie Parker,  Transportation and Public Works       Jan. 12, 2023................       480596
     Docket No.: B-   (22-06-2031P).       Mayor, City of Fort Worth,    Department, 200 Texas Street, Fort
     2278).                                200 Texas Street, Fort        Worth, TX 76102.
                                           Worth, TX 76102.
    Tarrant (FEMA    City of Grapevine    The Honorable William D.      City Hall, 200 South Main Street,     Jan. 13, 2023................       480598
     Docket No.: B-   (21-06-3397P).       Tate, Mayor, City of          Grapevine, TX 76051.
     2278).                                Grapevine, P.O. Box 95104,
                                           Grapevine, TX 76051.

    Williamson       City of Hutto (21-   The Honorable Mike Snyder,    Department of Public Works, 210 U.S.  Feb. 2, 2023.................       481047
     (FEMA Docket     06-3276P).           Mayor, City of Hutto, 500     Highway 79 East, Suite 203, Hutto,
     No.: B-2291).                         West Live Oak Street,         TX 78634.
                                           Hutto, TX 78634.
    Williamson       Unincorporated       The Honorable Bill Gravell,   Williamson County Central             Feb. 2, 2023.................       481079
     (FEMA Docket     areas of             Jr., Williamson County        Maintenance Facility, 3151
     No.: B-2291).    Williamson County    Judge, 710 South Main         Southeast Inner Loop, Georgetown,
                      (21-06-3276P).       Street, Suite 101,            TX 78216.
                                           Georgetown, TX 78626.
Utah:
    Davis (FEMA      City of Bountiful    The Honorable Kendalyn        Engineering Department, 795 South     Feb. 2, 2023.................       490039
     Docket No.: B-   (22-08-0009P).       Harris, Mayor, City of        Main Street, Bountiful, UT 84010.
     2291).                                Bountiful, 795 South Main
                                           Street, Bountiful, UT
                                           84010.
    Davis (FEMA      City of Centerville  The Honorable Clark           Public Works Department, 655 North    Feb. 2, 2023.................       490040
     Docket No.: B-   (22-08-0009P).       Wilkinson, Mayor, City of     1250 West, Centerville, UT 84014.
     2291).                                Centerville, 250 North Main
                                           Street, Centerville, UT
                                           84014.
Wisconsin: Dane      City of Madison (22- The Honorable Satya           Municipal Building, 215 Martin        Feb. 1, 2023.................       550083
 (FEMA Docket No.:    05-1179P).           Rhodes[dash]Conway, Mayor,    Luther King Jr. Boulevard, Room
 B-2291).                                  City of Madison, 210 Martin   017, Madison, WI 53703.
                                           Luther King Jr. Boulevard,
                                           Room 403, Madison, WI
                                           53703.
Wyoming: Sweetwater  City of Rock         The Honorable Tim Kaumo,      Department of Planning and Zoning,    Jan. 19, 2023................       560051
 (FEMA Docket No.:    Springs (22-08-      Mayor, City of Rock           212 D Street, Rock Springs, WY
 B-2291).             0270P).              Springs, 212 D Street, Rock   82901.
                                           Springs, WY 82901.
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[FR Doc. 2023-04172 Filed 2-28-23; 8:45 am]
BILLING CODE 9110-12-P